North Carolina § 143-214 - 7. Stormwater runoff rules and programs.

§ 143-214. 7. Stormwater runoff rules and programs.

Policy, Purpose and Intent. - The Commission shall undertake a continuing planning process to develop and adopt a statewide plan with regard to establishing and enforcing stormwater rules for the purpose of protecting the surface waters of the State. It is the purpose and intent of this section that, in developing stormwater runoff rules and programs, the Commission may utilize stormwater rules established by the Commission to protect classified shellfish waters, water supply watersheds, and outstanding resource waters; and to control stormwater runoff disposal in coastal counties and other nonpoint sources. Further, it is the intent of this section that the Commission phase in the stormwater rules on a priority basis for all sources of pollution to the water. The plan shall be applied evenhandedly throughout the State to address the State's water quality needs. The Commission shall continually monitor water quality in the State and shall revise stormwater runoff rules as necessary to protect water quality. As necessary, the stormwater rules shall be modified to comply with federal regulations. Definitions. - The following definitions apply in this section: Development. - Any land-disturbing activity that increases the amount of built-upon area or that otherwise decreases the infiltration of precipitation into the subsoil. When additional development occurs at a site that has existing development, the built-upon area of the existing development shall not be included in the density calculations for additional stormwater control requirements, and stormwater control requirements cannot be applied retroactively to existing development, unless otherwise required by federal law. Redevelopment. - Any land-disturbing activity that does not result in a net increase in built-upon area and that provides greater or equal stormwater control to that of the previous development. The Commission shall implement stormwater runoff rules and programs for point and nonpoint sources on a phased-in statewide basis. The Commission shall consider standards and best management practices for the protection of the State's water resources in the following order of priority: Classified shellfish waters. Water supply watersheds. Outstanding resource waters. High quality waters. All other waters of the State to the extent that the Commission finds control of stormwater is needed to meet the purposes of this Article. The Commission shall develop model practices for incorporation of stormwater capture and reuse into stormwater management programs and shall make information on those model practices available to State agencies and local governments. For purposes of implementing stormwater programs, "built-upon area" means impervious surface and partially impervious surface to the extent that the partially impervious surface does not allow water to infiltrate through the surface and into the subsoil. "Built-upon area" does not include a slatted deck; the water area of a swimming pool; a surface of number 57 stone, as designated by the American Society for Testing and Materials, laid at least four inches thick over a geotextile fabric; a trail as defined in G.S. 113A-85 that is either unpaved or paved as long as the pavement is porous with a hydraulic conductivity greater than 0.001 centimeters per second (1.41 inches per hour); or landscaping material, including, but not limited to, gravel, mulch, sand, and vegetation, placed on areas that receive pedestrian or bicycle traffic or on portions of driveways and parking areas that will not be compacted by the weight of a vehicle, such as the area between sections of pavement that support the weight of a vehicle. The owner or developer of a property may opt out of any of the exemptions from "built-upon area" set out in this subsection. For State stormwater programs and local stormwater programs approved pursuant to subsection (d) of this section, all of the following shall apply: The volume, velocity, and discharge rates of water associated with the one-year, 24-hour storm and the difference in stormwater runoff from the predevelopment and postdevelopment conditions for the one-year, 24-hour storm shall be calculated using any acceptable engineering hydrologic and hydraulic methods. Development may occur within the area that would otherwise be required to be placed within a vegetative buffer required by the Commission pursuant to G.S. 143-214.1 and G.S. 143-214.7 provided the stormwater runoff from the entire impervious area of the development is collected, treated, and discharged so that it passes through a segment of the vegetative buffer and is managed so that it otherwise complies with all applicable State and federal stormwater management requirements. The requirements that apply to development activities within one-half mile of and draining to Class SA waters or within one-half mile of Class SA waters and draining to unnamed freshwater tributaries shall not apply to development activities and associated stormwater discharges that do not occur within one-half mile of and draining to Class SA waters or are not within one-half mile of Class SA waters and draining to unnamed freshwater tributaries. Stormwater runoff rules and programs shall not require private property owners to install new or increased stormwater controls for (i) preexisting development or (ii) redevelopment activities that do not remove or decrease existing stormwater controls. When a preexisting development is redeveloped, either in whole or in part, increased stormwater controls shall only be required for the amount of impervious surface being created that exceeds the amount of impervious surface that existed before the redevelopment. This subsection applies to all local governments regardless of the source of their regulatory authority. Local governments shall include the requirements of this subsection in their stormwater ordinances. The Commission shall develop model stormwater management programs that may be implemented by State agencies and units of local government. Model stormwater management programs shall be developed to protect existing water uses and assure compliance with water quality standards and classifications. A State agency or unit of local government may submit to the Commission for its approval a stormwater control program for implementation within its jurisdiction. To this end, State agencies may adopt rules, and units of local government are authorized to adopt ordinances and regulations necessary to establish and enforce stormwater control programs. Units of local government are authorized to create or designate agencies or subdivisions to administer and enforce the programs. Two or more units of local government are authorized to establish a joint program and to enter into any agreements that are necessary for the proper administration and enforcement of the program. Any land-use restriction providing for the maintenance of stormwater best management practices or site consistency with approved stormwater project plans filed pursuant to a rule of the Commission, local ordinance, or permit approved by the Commission shall be enforced by any owner of the land on which the best management practice or project is located, any adjacent property owners, any downstream property owners who would be injured by failure to enforce the land-use restriction, any local government having jurisdiction over any part of the land on which the best management practice or project is located, or the Department through the remedies provided by any provision of law that is implemented or enforced by the Department or by means of a civil action, without first having exhausted any available administrative remedies. A land-use restriction providing for the maintenance of stormwater best management practices or site consistency with approved stormwater project plans filed pursuant to a rule of the Commission, local ordinance, or permit approved by the Commission shall not be declared unenforceable due to lack of privity of estate or contract, due to lack of benefit to particular land, or due to lack of any property interest in particular land. Any person who owns or leases a property subject to a land-use restriction under this section shall abide by the land-use restriction. The Department shall transfer a permit issued under this section for a stormwater management system from the declarant of a condominium or a planned community to the unit owners association, owners association, or other management entity identified in the condominium or planned community's declaration upon request of a permittee if the Department finds that (i) common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners association or owners association in accordance with the declaration; (ii) the declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than a declarant; and (iii) the stormwater management system is in substantial compliance with the stormwater permit issued to the permittee by the Department. In support of a request made pursuant to this subsection, a permittee shall submit documentation to the Department sufficient to demonstrate that ownership of the common area related to the operation and maintenance of the stormwater management system has been conveyed from the declarant to the association and that the declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than a declarant. For purposes of this subsection, declarant of a condominium shall have the same meaning as provided in Chapter 47C of the General Statutes, and declarant of a planned community shall have the same meaning as provided in Chapter 47F of the General Statutes. In accordance with the Federal Aviation Administration August 28, 2007, Advisory Circular No. 150/5200-33B (Hazardous Wildlife Attractants on or Near Airports), neither the Department nor any local government shall require the use of stormwater retention ponds, stormwater detention ponds, or any other stormwater control measure that promotes standing water in order to comply with this section, or in order to comply with any local ordinance adopted under G.S. 143-214.5, at public airports that support commercial air carriers or general aviation services. Development projects located within five statute miles from the farthest edge of an airport air operations area, as that term is defined in 14 C.F.R. § 153.3 (July 2011 Edition), shall not be required to use stormwater retention ponds, stormwater detention ponds, or any other stormwater control measure that promotes standing water in order to comply with this section or with any local ordinance. Existing stormwater retention ponds, stormwater detention ponds, or any other stormwater control measure that promotes standing water in order to comply with this section, or with any local ordinance, and that is located at a public airport or that is within five statute miles from the farthest edge of an airport operations area may be replaced with alternative measures included in the Division of Water Resources' Best Management Practice Manual chapter on airports. In order to be approved by the Department, alternative measures or management designs that are not expressly included in the Division of Water Resources' Best Management Practice Manual shall provide for equal or better stormwater control based on the pre- and post-development hydrograph. Any replacement of existing stormwater retention ponds, stormwater detention ponds, or any other stormwater control measure that promotes standing water shall be considered a minor modification to the State general stormwater permit, and a variance to allow any replacement shall be considered a minor variance under any local government ordinance adopted under G.S. 143-214.5. The Department and local governments shall deem runways, taxiways, and any other areas that provide for overland stormwater flow that promote infiltration and treatment of stormwater into grassed buffers, shoulders, and grass swales permitted pursuant to the State post-construction stormwater requirements and to be in compliance with any local government water supply watershed management protection ordinance adopted under G.S. 143-214.5. The Department may transfer a permit issued pursuant to this section without the consent of the permit holder to a successor-owner of the property on which the permitted activity is occurring or will occur as provided in this subsection: The Department may transfer a permit if all of the following conditions are met: The successor-owner of the property submits to the Department a written request for the transfer of the permit. The Department finds all of the following: The permit holder is one of the following: A natural person who is deceased. A partnership, limited liability corporation, corporation, or any other business association that has been dissolved. A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur. A person who has sold the property on which the permitted activity is occurring or will occur. The successor-owner holds title to the property on which the permitted activity is occurring or will occur. The successor-owner is the sole claimant of the right to engage in the permitted activity. There will be no substantial change in the permitted activity. The permit holder shall comply with all terms and conditions of the permit until such time as the permit is transferred. The successor-owner shall comply with all terms and conditions of the permit once the permit has been transferred. Notwithstanding changes to law made after the original issuance of the permit, the Department may not impose new or different terms and conditions in the permit without the prior express consent of the successor-owner. The Commission shall review each stormwater management program submitted by a State agency or unit of local government and shall notify the State agency or unit of local government that submitted the program that the program has been approved, approved with modifications, or disapproved. The Commission shall approve a program only if it finds that the standards of the program equal those of the model program adopted by the Commission pursuant to this section. Repealed by Session Laws 2013-265, s. 19, effective July 17, 2013. Repealed by Session Laws 2008-198, s. 8(a), effective August 8, 2008. On or before October 1 of each year, the Department shall report to the Environmental Review Commission on the implementation of this section, including the status of any stormwater control programs administered by State agencies and units of local government. The status report shall include information on any integration of stormwater capture and reuse into stormwater control programs administered by State agencies and units of local government. The report shall be submitted to the Environmental Review Commission with the report required by G.S. 113A-67 as a single report. History (1989, c. 447, s. 2; 1995, c. 507, s. 27.8(q); 1997-458, s. 7.1; 2004-124, s. 6.29(a); 2006-246, s. 16(b); 2007-323, s. 6.22(a); 2008-198, s. 8(a); 2011-256, s. 1; 2011-394, s. 6; 2012-200, ss. 1, 6; 2013-121, s. 1; 2013-265, s. 19; 2013-413, ss. 51(a), 57(h); 2014-90, s. 2; 2014-115, s. 17; 2014-120, s. 45(a); 2015-149, s. 1(a); 2015-286, s. 4.20(b); 2017-10, ss. 3.12, 4.15(b); 2017-104, s. 2; 2017-211, s. 8; 2018-145, s. 26(a), (b).) Temporary Implementation of Federal Phase II Stormwater Management Requirements. - Session Laws 2004-163, ss. 1-13, reads as follows: "SECTION 1. Phase II Stormwater Permit Application and Standards. - An application for a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management submitted by an owner or operator of a small municipal separate storm sewer system (MS4) located in whole or in part within an urbanized area as designated by the 1990 or 2000 census by the Bureau of the Census shall be deemed timely received if the application was submitted to the Department in accordance with the application schedule set out in Section 6 of the temporary rule adopted by the Environmental Management Commission on 10 October 2002. To obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management under this section, an applicant shall develop, implement, and enforce a stormwater management plan approved by the Commission that satisfies the six minimum control measures required by 40 Code of Federal Regulations § 122.34(b) (1 July 2003 Edition). The evaluation of the postconstruction stormwater management measures required by 40 Code of Federal Regulations § 122.34(b)(5) (1 July 2003 Edition) shall be conducted as provided in the Stormwater Management Rule. A municipality with a population of less than 1,000, including a municipality designated by the 1990 or 2000 census, is not required to obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management unless the municipality is shown to be contributing to an impairment of State waters, as determined under the requirements of 33 U.S.C. § 1313(d). "SECTION 2. New Development and Redevelopment in Unincorporated Areas of Counties. - "(1) New development or redevelopment located in the unincorporated area of a county shall comply with the standards set forth in the Stormwater Management Rule beginning 1 July 2006 if the new development or redevelopment is located in: "a. An area that is designated as an urbanized area under the 1990 or 2000 census by the Bureau of the Census. "b. The unincorporated area of a county outside of a municipality designated as an urbanized area under the 1990 or 2000 census by the Bureau of the Census that: "1. Extends one mile beyond the corporate limits of a municipality with a population of less than 10,000 individuals. "2. Extends two miles beyond the corporate limits of a municipality with a population of 10,000 or more individuals but less than 25,000 individuals. "3. Extends three miles beyond the corporate limits of a municipality with a population of 25,000 or more individuals. "c. An area delineated pursuant to subdivision (2) of this section. "d. A county in which the unduplicated sum of: (i) the area that is designated as an urbanized area under the 1990 or 2000 census by the Bureau of the Census; (ii) the area described in sub-subdivision b. of this subdivision; (iii) the area delineated pursuant to subdivision 2 of this section; (iv) the jurisdiction of a regulated entity designated pursuant to Section 7 of this act; and (v) the area that is regulated by a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management required pursuant to Section 8 of this act equals or exceeds eighty-five percent (85%) of the total geographic area of the county. "(2) Delineation process. - The Commission shall delineate regulated coverage areas as provided in this subdivision. "a. Schedule. - The Commission shall implement the delineation process in accordance with the schedule for review and revision of basinwide water quality management plans as provided in G.S. 143-215.8 B(c). "b. Potential candidate coverage areas. - A potential candidate coverage area is the unincorporated area of a county that is outside a municipality designated as a regulated entity pursuant to subdivisions (2) and (3) of Section 7 of this act that: "1. Extends one mile beyond the corporate limits of a municipality with a population of less than 10,000 individuals. "2. Extends two miles beyond the corporate limits of a municipality with a population of 10,000 or more individuals but less than 25,000 individuals. "3. Extends three miles beyond the corporate limits of a municipality with a population of 25,000 or more individuals. "c. Identification of candidate coverage areas. - The Commission shall identify an area within a potential candidate coverage area described in sub-subdivision b. of this subdivision as a candidate coverage area if the discharge of stormwater within or from the unincorporated area has the potential to adversely impact water quality. An adverse impact on water quality includes any activity that violates water quality standards, including, but not limited to, any activity that impairs designated uses or that has a significant biological or habitat impact. "d. Notice and comment on candidacy. - The Commission shall notify each public entity that is located in whole or in part in a candidate coverage area. After notification of each public entity, the Commission shall publish a map of the unincorporated areas within the river basin that have been identified as candidates for delineation as regulated coverage areas. The Commission shall accept public comment on the proposed delineation of a candidate coverage area as a regulated coverage area for a period of not less than 30 days. "e. Delineation of regulated coverage areas. - After review of public comment, the Commission shall delineate regulated coverage areas. The Commission shall delineate a candidate coverage area as a regulated coverage area only if the Commission determines that the discharge of stormwater within or from the candidate coverage area either: "1. Adversely impacts water quality. "2. Results in a significant contribution of pollutants to sensitive receiving waters, taking into account the effectiveness of other applicable water quality protection programs. To determine the effectiveness of other applicable water quality protection programs, the Commission shall consider the water quality of the receiving waters and whether the waters support the uses set out in subsections (c), (d), and (e) of 15A NCAC 2B.0101 (Procedures for Assignment of Water Quality Standards - General Procedures) and the specific classification of the waters set out in 15A NCAC 2B.0300, et seq. (Assignment of Stream Classifications). "f. Notice of delineation. - The Commission shall provide written notice to each public entity that is located in whole or in part in a candidate coverage area of its delineation determination. The notice shall state the basis for the determination. "(3) Except as provided in this subdivision and Section 5 of this act, the Commission shall administer and enforce the standards for new development and redevelopment in the regulated coverage areas. To the extent that the new development or redevelopment is located in a municipal planning jurisdiction, the municipality shall administer and enforce the standards. A public entity may request that the Commission delegate administration and enforcement of the stormwater management program to the public entity as provided in Section 5 of this act. "SECTION 3. Coordination of Phase II and Other Stormwater Management Programs. - In any circumstance where any stormwater control requirement under a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management conflicts or overlaps with any stormwater control requirement under any other water quality program, the most stringent requirement shall apply. The Secretary of Environment and Natural Resources or the Secretary's designee shall resolve any dispute as to whether there is a conflict or overlap between or among stormwater management requirements and shall determine which requirement shall be deemed the most stringent. "SECTION 4. General Permit. - The Commission shall develop and issue a Phase II National Pollutant Discharge Elimination System (NPDES) general permit for stormwater management. The general permit requirements for postconstruction stormwater management measures required by 40 Code of Federal Regulations § 122.34(b)(5) (1 July 2003 Edition) shall require a permittee to meet the standards set out in the Stormwater Management Rule but shall not impose any requirement on the permittee that exceeds the standards set out in the Stormwater Management Rule. After the Commission has issued a Phase II National Pollutant Discharge Elimination System (NPDES) general permit for stormwater management, a public entity that has applied for a permit under Section 1 of this act may submit a notice of intent to be covered under the general permit to the Commission. The Commission shall treat an application for a permit under Section 1 of this act as an application for an individual permit unless the applicant submits a notice of intent to be covered under a general permit under this section. "SECTION 5. Delegation. - A public entity that does not administer a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management throughout the entirety of its planning jurisdiction and whose planning jurisdiction includes a regulated coverage area under Section 2 of this act may submit a stormwater management program for its regulated coverage area or a portion of its regulated coverage area to the Commission for approval pursuant to G.S. 143-214.7(c) . An ordinance or regulation adopted by a public entity shall at least meet and may exceed the minimum requirements of this act and the six minimum control measures required by 40 Code of Federal Regulations § 122.34(b) (1 July 2003 Edition). Two or more public entities are authorized to establish a joint program and to enter into any agreements that are necessary for the proper administration and enforcement of the program. The resolution, memorandum of agreement, or other document that establishes any joint program must be duly recorded in the minutes of the governing body of each public entity participating in the program, and a certified copy of each resolution must be filed with the Commission. The Commission shall review each proposed program submitted to it to determine whether the submission is complete. Within 90 days after the receipt of a complete submission, the Commission shall notify the public entity submitting the program that it has been approved, approved with modifications, or disapproved. The Commission shall only approve a program upon determining that its standards equal or exceed those of this act and the six minimum control measures required by 40 Code of Federal Regulations § 122.34(b) (1 July 2003 Edition). If the Commission determines that any public entity is failing to administer or enforce an approved stormwater management program, it shall notify the public entity in writing and shall specify the deficiencies of administration and enforcement. If the public entity has not taken corrective action within 30 days of receipt of notification from the Commission, the Commission shall assume administration and enforcement of the program until such time as the public entity indicates its willingness and ability to resume administration and enforcement of the program. "SECTION 6. Phase II Stormwater Implementation Deadlines. "(1) For an application for a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management submitted by an owner or operator of a small municipal separate storm sewer system (MS4) located in whole or in part within an urbanized area as designated by the 1990 census by the Bureau of the Census, the Commission shall send a draft permit decision to public notice by 1 November 2004. "(2) For an application for a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management submitted by an owner or operator of a small municipal separate storm sewer system (MS4) located in whole or in part within an urbanized area as designated by the 2000 census by the Bureau of the Census, the Commission shall send a draft permit decision to public notice by 1 May 2005. "(3) A public entity designated as a regulated entity pursuant to 40 Code of Federal Regulations § 122.32 (1 July 2003 Edition) shall develop and implement postconstruction stormwater management measures within 24 months of the date on which its Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management is issued. "(4) A public entity designated as a regulated entity pursuant to subdivisions (2) and (3) of Section 7 of this act shall develop and implement postconstruction stormwater management measures within 36 months of the date on which its Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management is issued. "SECTION 7. Designation of Regulated Entities. - A public entity that owns or operates a municipal separate storm sewer system (MS4) may be designated as a regulated entity through federal designation, through a State designation process, or under a total maximum daily load (TMDL) implementation plan as provided in this section. "(1) Federal designation. - A public entity that owns or operates a municipal separate storm sewer system (MS4) may be designated as a regulated entity pursuant to 40 Code of Federal Regulations § 122.32 (1 July 2003 Edition). "(2) State designation process. - The Commission shall designate a public entity that owns or operates a municipal separate storm sewer system (MS4) as a regulated entity as provided in this subdivision. "a. Designation schedule. - The Commission shall implement the designation process in accordance with the schedule for review and revision of basinwide water quality management plans as provided in G.S. 143-215.8 B(c). "b. Identification of candidate regulated entities. - The Commission shall identify a public entity as a candidate for designation as a regulated entity if the municipal separate storm sewer system (MS4) either: "1. Discharges stormwater that has the potential to adversely impact water quality. An adverse impact on water quality includes any activity that violates water quality standards, including, but not limited to, any activity that impairs designated uses or that has a significant biological or habitat impact. "2. Serves a public entity that has not been designated pursuant to subdivision (1) of this section and that has a population of more than 10,000 and a population density of 1,000 people per square mile or more. "c. Notice and comment on candidacy. - The Commission shall notify each public entity identified as a candidate for designation as a regulated entity. After notification of each public entity, the Commission shall publish a list of all public entities within a river basin that have been identified as candidates for designation. The Commission shall accept public comment on the proposed designation of a public entity as a regulated entity for a period of not less than 30 days. "d. Designation of regulated entities. - After review of the public comment, the Commission shall make a determination on designation for each of the candidate public entities. The Commission shall designate a candidate public entity that owns or operates a municipal separate storm sewer system (MS4) as a regulated public entity only if the Commission determines either that: "1. The public entity has an actual population growth rate that exceeds 1.3 times the State population growth rate for the previous 10 years. "2. The public entity has a projected population growth rate that exceeds 1.3 times the projected State population growth rate for the next 10 years. "3. The public entity has an actual population increase that exceeds fifteen percent (15%) of its previous population for the previous two years. "4. The municipal separate storm sewer system (MS4) discharges stormwater that adversely impacts water quality. "5. The municipal separate storm sewer system (MS4) either discharges stormwater that results in a significant contribution of pollutants to sensitive receiving waters, taking into account the effectiveness of other applicable water quality protection programs. To determine the effectiveness of other applicable water quality protection programs, the Commission shall consider the water quality of the receiving waters and whether the waters support the uses set out in subsections (c), (d), and (e) of 15A NCAC 2B.0101 (Procedures for Assignment of Water Quality Standards - General Procedures) and the specific classification of the waters set out in 15A NCAC 2B.0300, et seq. (Assignment of Stream Classifications). "e. Notice of designation. - The Commission shall provide written notice to each public entity of its designation determination. For a public entity designated as a regulated entity, the notice shall state the basis for the designation and the date on which an application for a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management must be submitted to the Commission. "f. Application schedule. - A public entity that has been designated as a regulated entity pursuant to this subdivision must submit its application for a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management within 18 months of the date of notification. "(3) Designation under a total maximum daily load (TMDL) implementation plan. - The Commission shall designate an owner or operator of a small municipal separate storm sewer system (MS4) as a regulated entity if the municipal separate storm sewer system (MS4) is specifically listed by name as a source of pollutants for urban stormwater in a total maximum daily load (TMDL) implementation plan developed in accordance with subsections (d) and (e) of 33 U.S.C. § 1313. The Commission shall provide written notice to each public entity of its designation determination. For a public entity designated as a regulated entity, the notice shall state the basis for the designation and the date on which an application for a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management must be submitted to the Commission. A public entity that has been designated as a regulated entity pursuant to this subdivision must submit its application for a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management within 18 months of the date of notification. "SECTION 8. Petition Process. - A petition may be submitted to the Commission to request that an owner or operator of a municipal separate storm sewer system (MS4) or a person who discharges stormwater be required to obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management as follows: "(1) Connected discharge petition. - An owner or operator of a permitted municipal separate storm sewer system (MS4) may submit a petition to the Commission to request that a person who discharges into the permitted municipal separate storm sewer system (MS4) be required to obtain a separate Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management. The Commission shall grant the petition and require the person to obtain a separate Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management if the petitioner shows that the person's discharge flows or will flow into the permitted municipal separate storm sewer system (MS4). "(2) Adverse impact petition. - Any person may submit a petition to the Commission to request that an owner or operator of a municipal separate storm sewer system (MS4) or a person who discharges stormwater be required to obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management. "a. Petition review. - The Commission shall grant the petition and require the owner or operator of the municipal separate storm sewer system (MS4) or the person who discharges stormwater to obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management if the petitioner shows any of the following: "1. The municipal separate storm sewer system (MS4) or the discharge discharges or has the potential to discharge stormwater to sensitive receiving waters in an area with: (i) an actual population growth rate that exceeds 1.3 times the State population growth rate for the previous 10 years; (ii) a projected population growth rate that exceeds 1.3 times the projected State population growth rate for the next 10 years; or (iii) an actual population increase that exceeds fifteen percent (15%) of its previous population for the previous two years. "2. The municipal separate storm sewer system (MS4) or the discharge provides a significant contribution of pollutants to sensitive receiving waters. "3. The municipal separate storm sewer system (MS4) or the discharge is specifically listed by name as a source of pollutants for urban stormwater in a total maximum daily load (TMDL) implementation plan developed in accordance with subsections (d) and (e) of 33 U.S.C. § 1313. "b. Types of evidence for required showing. - Petitioners may make the required showing by providing to the Commission the following information: "1. Monitoring data that includes, at a minimum, representative sampling of the municipal separate storm sewer system (MS4) or discharge and information describing how the sampling is representative. The petitioner must notify the owner or operator of the municipal separate storm sewer system (MS4) or the person who discharges stormwater of its intent to conduct monitoring activities prior to conducting those activities. "2. Scientific or technical literature that supports the sampling methods. "3. Study and technical information on land uses in the drainage area and the characteristics of stormwater runoff from these land uses. "4. A map that delineates the drainage area of the petitioned entity; the location of sampling stations; the location of the stormwater outfalls in the adjacent area of the sampling locations; general features, including, but not limited to, surface waters, major roads, and political boundaries; and areas of concern regarding water quality. "5. For stormwater discharges to impaired waters, documentation that the receiving waters are impaired or degraded and monitoring data that demonstrates that the municipal separate storm sewer system (MS4) or discharge contributes pollutants for which the waters are impaired or degraded. "6. For stormwater discharges to nonimpaired waters, monitoring data that demonstrates that the owner or operator of the municipal separate storm sewer system (MS4) or the person who discharges stormwater is a significant contributor of pollutants to the receiving waters. "c. Water quality protection program offset. - If the petitioner makes the required showing, the Commission shall review the effectiveness of any existing water quality protection programs that may offset the need to obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management. To determine the effectiveness of other applicable water quality protection programs, the Commission shall consider the water quality of the receiving waters and whether the waters support the uses set out in subsections (c), (d), and (e) of 15A NCAC 2B.0101 (Procedures for Assignment of Water Quality Standards - General Procedures) and the specific classification of the waters set out in 15A NCAC 2B.0300, et seq. (Assignment of Stream Classifications). The Commission may deny the petition if it finds that existing water quality protection programs are adequate to address stormwater impacts on sensitive receiving waters and to insure compliance with a TMDL implementation plan. "(3) Petition administration. - The Commission shall process petitions in the following manner: "a. The Commission shall only accept petitions submitted on Department forms. "b. A separate petition must be filed for each municipal separate storm sewer system (MS4) or discharge. "c. The Commission shall evaluate only complete petitions. The Commission shall make a determination on the completeness of a petition within 90 days of receipt of the petition, or it shall be deemed complete. If the Commission requests additional information, the petitioner may submit additional information; and the Commission will determine, within 90 days of receipt of the additional information, whether the information completes the petition. "d. The petitioner shall provide a copy of the petition and a copy of any subsequent additional information submitted to the Commission to the chief administrative officer of the municipal separate storm sewer system (MS4) or the person in control of the discharge within 48 hours of each submittal. "e. The Commission shall post all petitions on the Division Web site and maintain copies available for inspection at the Division's office. The Commission shall accept and consider public comment for at least 30 days from the date of posting. "f. The Commission may hold a public hearing on a petition and shall hold a public hearing on a petition if it receives a written request for a public hearing within the public comment period, and the Commission determines that there is a significant public interest in holding a public hearing. The Commission's determination to hold a public hearing shall be made no less than 15 days after the close of the public comment period. The Commission shall schedule the hearing to be held within 45 days of the close of the initial public comment period and shall accept and consider additional public comment through the date of the hearing. "g. An additional petition for the same municipal separate storm sewer system (MS4) or discharge received during the public comment period shall be considered as comment on the original petition. An additional petition for the same municipal separate storm sewer system (MS4) or discharge received after the public comment period ends and before the final determination is made shall be considered incomplete and held pending a final determination on the original petition. "1. If the Commission determines that the owner or operator of the municipal separate storm sewer system (MS4) or the person who discharges stormwater is required to obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management, any petitions for that municipal separate storm sewer system (MS4) or discharge that were held shall be considered in the development of the Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management. "2. If the Commission determines that the owner or operator of the municipal separate storm sewer system (MS4) or the person who discharges stormwater is not required to obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management, an additional petition for the municipal separate storm sewer system (MS4) or discharge must present new information or demonstrate that conditions have changed in order to be considered. If new information is not provided, the petition shall be returned as substantially incomplete. "h. The Commission shall evaluate a petition within 180 days of the date on which it is determined to be complete. If the Commission determines that the owner or operator of the municipal separate storm sewer system (MS4) or the person who discharges stormwater is required to obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management, the Commission shall notify the owner or operator of the municipal separate storm sewer system (MS4) or the person who discharges stormwater within 30 days of the requirement to obtain the permit. The owner or operator of the municipal separate storm sewer system (MS4) or the person who discharges stormwater must submit its application for a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management within 18 months of the date of notification. If the owner or operator of a municipal separate storm sewer system is a municipality with a population of less than 5,000, the municipality must submit an application for a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management within 24 months of the date of notification. "SECTION 9. Model Ordinance. - Pursuant to G.S. 143-214.7(c) , the Environmental Management Commission shall develop a model ordinance in cooperation with local governments and other interested parties that shall allow the use of both structural and nonstructural best management practices adequate to meet the standards. The model ordinance shall be completed by 1 July 2005. In the development of the model ordinance, the Commission shall provide for options that take into consideration differences among local governments in the State, including, but not limited to, population, financial resources, and human resources. "SECTION 10. Design Manual. - Consistent with G.S. 150B-2 (8a)h., the Division, in consultation with the Division of Land Resources of the Department, the Division of Soil and Water Conservation of the Department [now Division of Soil and Water Conservation of the Department of Agriculture and Consumer Services], and North Carolina State University, shall develop or revise a design manual to provide assistance in determining which controls are best suited to the unique characteristics of the permittee, including, but not limited to, hydrology, topography, climate, soils, and receiving waters. The development or revision of the design manual shall be completed by 1 July 2005. "SECTION 11. Federal and State Development or Redevelopment Projects. - A federal or State agency may apply to the Commission for a Phase I or Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management that applies to all of the activities of the agency or that applies to a particular development or redevelopment project. The Commission shall have exclusive jurisdiction to establish stormwater management requirements with respect to a particular project that is not under the jurisdiction of a federal or State agency that holds a Phase I or Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management that applies to all of the activities of the agency or that applies to the particular development or redevelopment project. If a federal or State agency does not hold a Phase I or Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management that applies to the particular development or redevelopment project, then the project is subject to the stormwater management requirements of this act as implemented by the Commission or by a local government. The provisions of G.S. 153A-347 and G.S. 160A-392 apply to the implementation of this act. "SECTION 12. Definitions. - The following definitions apply to this act and its implementation: "(1) The definitions set out in 40 Code of Federal Regulations § 122.2 (Definitions) and § 122.26(b) (Storm Water Discharges) (1 July 2003 Edition). "(2) The definitions set out in G.S. 143-212 and G.S. 143-213 . "(3) The definitions set out in 15A NCAC 2H.0103 (Definitions of Terms). "(4) '1-year, 24-hour storm' means the surface runoff resulting from a 24-hour rainfall of an intensity expected to be equaled or exceeded, on average, once in 12 months and with a duration of 24 hours. "(5) 'Built-upon area' means that portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. 'Built-upon area' does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. "(6) 'Division' means the Division of Water Quality in the Department. "(7) 'Planning jurisdiction' means the territorial jurisdiction within which a municipality exercises the powers authorized by Article 19 of Chapter 160A of the General Statutes, or a county may exercise the powers authorized by Article 18 of Chapter 153A of the General Statutes. "(8) 'Public entity' means the United States; the State; a city, village, township, county, school district, public college or university, or single-purpose governmental agency; or any other governing body that is created by federal or State law. "(9) 'Redevelopment' means any rebuilding activity other than are building activity that results in no net increase in built-upon area and provides equal or greater stormwater control than the previous development. "(10) 'Regulated coverage area' means an unincorporated area of a county to which the Stormwater Management Rule applies. "(11) 'Regulated entity' means any public entity that must obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management for its municipal separate storm sewer system (MS4). "(12) 'Sensitive receiving waters' means any of the following: "a. Waters that are classified as high quality, outstanding resource, shellfish, trout, or nutrient-sensitive waters in accordance with subsections (d) and (e) of 15A NCAC 2B.0101 (Procedures for Assignment of Water Quality Standards - General Procedures). "b. Waters that are occupied by or designated as critical habitat for aquatic animal species that are listed as threatened or endangered by the United States Fish and Wildlife Service or the National Marine Fisheries Service under the provisions of the Endangered Species Act of 1973 (Pub. L. No. 93-205; 87 Stat. 884; 16 U.S.C. §§ 1531, et seq.), as amended. "c. Waters for which the designated use, as described by the classification system set out in subsections (c), (d), and (e) of 15A NCAC 2B.0101 (Procedures for Assignment of Water Quality Standards - General Procedures), have been determined to be impaired in accordance with the requirements of subsection (d) of 33 U.S.C. § 1313. "(13) 'Significant contributor of pollutants' means a municipal separate storm sewer system (MS4) or a discharge that contributes to the pollutant loading of a water body or that destabilizes the physical structure of a water body such that the contribution to pollutant loading or the destabilization may reasonably be expected to adversely affect the quality and uses of the water body. Uses of a water body shall be determined pursuant to 15A NCAC 2B.0211 through 15A NCAC 2B.0222 (Classifications and Water Quality Standards Applicable to Surface Waters and Wetlands of North Carolina) and 15A NCAC 2B.0300, et seq. (Assignment of Stream Classifications). "(14) 'Stormwater Management Rule' means Section 10 of the temporary rule adopted by the Environmental Management Commission on 10 October 2002, except that: "a. In subsection (a), the words 'pursuant to Sub-Item (7)(a)(v) of this Rule.' are deleted and replaced by the words 'set out in 40 Code of Federal Regulations § 122.34(b)(5)(1 July 2003 Edition).'. "b. Subsections (c) and (d) are deleted. "c. In the first sentence of subsection (e), the words 'meets the following requirements:' is deleted and replaced by the words 'manages stormwater and protects water quality. The program shall equal or exceed the stormwater management and water quality protection provided by the following model practices:'. "d. In subdivision (i) of subsection (e), the words 'Sub-Item (10)(B)' are deleted and replaced by the words 'Sub-Item (10)(b)'. "e. In subdivision (i) of subsection (h), the words 'while still meeting the requirements of Sub-Item (10)(d) of this Rule' are deleted. "f. In subsection (i), the words 'temperature, while still meeting the requirements of Sub-Item (10)(d) of this Rule.' are deleted and replaced by the word 'temperature.' "g. In subdivision (i) of subsection (j), the words 'while still meeting the requirements of Sub-Item (10)(d) of this Rule' are deleted. "h. In subsection (k), the words 'of Item (10)' are deleted. "i. A new subsection (n) is added to read: '(n) A regulated entity may develop its own comprehensive watershed plan, may use the model ordinance developed by the Commission, may design its own postconstruction practices based on the Department's guidance and engineering standards for best management practices (BMPs), or it may incorporate the postconstruction model practices set out in this rule to fulfill the minimum requirements set out in 40 Code of Federal Regulations § 122.34(b)(5) (1 July 2003 Edition).'. "(15) 'Total maximum daily load (TMDL) implementation plan' means a written, quantitative plan and analysis for attaining and maintaining water quality standards in all seasons for a specific water body and pollutant. "SECTION 13. Construction of Act. - "(1) Nothing in this act shall be construed to limit, expand, or otherwise alter the authority of the Environmental Management Commission or any unit of local government to adopt stormwater management requirements that exceed the requirements of this act. "(2) This act shall not be construed to affect pending litigation. "(3) Except as specifically provided in this act, this act shall not be construed to give effect to any temporary or permanent rule related to Phase II stormwater management that has not become effective as provided in G.S. 150B-21.3 . "(4) The exclusions from the requirement to obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit set out in 40 Code of Federal Regulations § 122.3 (1 July 2003 Edition), including the exclusions for certain nonpoint source agricultural and silvicultural activities, apply to the provisions of this act. "(5) This act shall not be construed to affect any vested right to development under any provision of statutory or common law. To the extent that postconstruction measures are implemented by a zoning ordinance, vested rights shall be determined as provided in G.S. 160A-385.1, G.S. 153A-344.1, and other applicable provisions of statutory and common law. To the extent that postconstruction measures are implemented by means other than a zoning ordinance, vested rights shall be determined as provided by applicable statutory and common law. The Commission, the Department, local governments, and other public entities shall implement this act in compliance with the applicable vested rights provisions of statutory and common law. "(6) This act shall not be construed to affect any delegation of any power or duty by the Commission to the Department or subunit of the Department." Text of Stormwater Management Rule, As Defined in Section 12 of Session Laws 2004-163. - "(10) Post-construction stormwater management. - "(a) All regulated public entities, required to implement the postconstruction stormwater management minimum measure, must develop, implement and adopt by ordinance a postconstruction stormwater management program for all new development and redevelopment as part of their plan to meet the minimum requirements set out in 40 Code of Federal Regulations § 122.34(b)(5) (1 July 2003 Edition). These ordinances, and subsequent modifications, will be reviewed and approved by the Department prior to implementation. The approval process will establish subsequent timeframes when the Department will review performance under the ordinance(s). The reviews will occur, at a minimum, every five years. Regulated public entities without ordinance making powers, shall demonstrate similar actions taken in their postconstruction stormwater management program to meet the minimum measure requirements. "(b) The postconstruction program shall apply to all new development projects that cumulatively disturb one acre or more, and to projects less than an acre that are part of a larger common plan of development or sale. The postconstruction program shall apply to all redevelopment projects that cumulatively disturb one acre or more, and to projects less than an acre that are part of a larger common plan of development or sale. "(e) A postconstruction stormwater management program shall be developed and implemented that manages stormwater and protects water quality. The program shall equal or exceed the stormwater management and water quality protection provided by the following model practices: "(i) The program shall require all projects as defined in Sub-Item (10)(b) of this Rule to apply for locally issued permit coverage under one of the following stormwater management options: "(A) Low Density Projects. Projects shall be permitted as low density if the project meets the following: "(I) No more than 2 dwelling units per acre or 24 percent built-upon area BUA for all residential and non-residential development; "(II) Stormwater runoff from the development shall be transported from the development by vegetated conveyances to the maximum extent practicable; "(III) All BUA shall be at a minimum of 30 feet landward of all perennial and intermittent surface waters. For the purpose of this Rule, a surface water shall be present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B.0233 (3)(a); and "(IV) The permit shall require recorded deed restrictions and protective covenants to ensure that development activities maintain the development consistent with the approved project plans. "(B) High Density Projects. Projects exceeding the low density threshold established in Sub-Item (10)(e)(i)(A) of this Rule shall implement stormwater control measures that: "(I) Control and treat the difference in stormwater runoff volume leaving the project site between the pre- and post-development conditions for the 1 year 24 hour storm. Runoff volume drawdown time shall be a minimum of 24 hours, but not more than 120 hours; "(II) All structural stormwater treatment systems used to meet the requirements of the program shall be designed to have an 85% average annual removal for Total Suspended Solids; "(III) General Engineering Design Criteria for all projects shall be in accordance with 15A NCAC 2H.1008(c); "(IV) All BUA shall be at a minimum of 30 feet landward of all perennial and intermittent surface waters. For the purpose of this Rule, a surface water shall be present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B.0233 (3)(a); and "(V) The permit shall require recorded deed restrictions and protective covenants to ensure that development activities maintain the development consistent with the approved project plans; "(f) The program shall include an operation and maintenance component that ensures the adequate long-term operation of the structural BMP's required by the program. The program shall include a requirement that the owner of a permitted structural BMP, submit annually to the local program, a maintenance inspection report on each structural BMP. The inspection must be conducted by a qualified professional; and "(g) A program shall be developed to control, to the maximum extent practicable, the sources of fecal coliform. At a minimum, the program shall include the development and implementation of an oversight program to ensure proper operation and maintenance of on-site wastewater treatment systems for domestic wastewater. For municipalities, this program should be coordinated with the local county health department. "(h) For programs with development/redevelopment draining to SA waters, the following additional requirements must be incorporated into their program: "(i) A local ordinance shall be developed, adopted and implemented to ensure that the best practice for reducing fecal coliform loading is selected. The best practice shall be the practice that results in the highest degree of fecal die off and controls to the maximum extent practicable sources of fecal coliform. The local ordinance(s) shall incorporate a program to control the sources of fecal coliform to the maximum extent practical, including: "(A) Implementation of a pet waste management program. Appropriate revisions to an existing litter ordinance can be used to meet this requirement; and "(B) Implementation of an oversight program to ensure proper operation and maintenance of on-site wastewater treatment systems for domestic wastewater. For municipalities, this program should be coordinated with the local county health department; and "(ii) New direct points of stormwater discharge to SA waters or expansion of existing points of discharge to any constructed stormwater conveyance system, or constructed system of conveyances that discharge to SA waters, shall not be allowed. Expansion is defined as an increase in drainage area or an increase in impervious surface within the drainage area resulting in a net increase in peak flow or volume from the 1 year 24 hour storm. Overland sheetflow of stormwater or stormwater discharge to a wetland, vegetated buffer or other natural area capable of providing treatment or absorption will not be considered a direct point of stormwater discharge for the purposes of this Rule. "(i) For programs with developmentedevelopment draining to trout (Tr) waters, the following additional requirements must be incorporated into their program: A local ordinance shall be developed, adopted and implemented to ensure that the best management practices selected do not result in a sustained increase in the receiving water temperature. "(j) For programs with development/redevelopment draining to Nutrient Sensitive waters, the following additional requirements must be incorporated into their program: "(i) A local ordinance shall be developed, adopted and implemented to ensure that the best management practice for reducing nutrient loading is selected. Where a Department approved NSW Urban Stormwater Management Program is in place, the provisions of that program fulfill this requirement; and "(ii) A nutrient application (both inorganic fertilizer and organic nutrients) management program shall be developed and included in the stormwater management program. "(k) Public bodies may develop and implement comprehensive watershed protection plans that may be used to meet part, or all, of the requirements of this Rule. "( l ) The department may require more stringent stormwater management measures on a case-by-case basis where it is determined that additional measures are required to protect water quality and maintain existing and anticipated uses of these waters. "(m) The Department may develop guidance on the scientific and engineering standards for best management practices that shall be used to meet the post construction elements of this Rule. Alternative design criteria may be approved by the Department where a demonstration is made that the alternative design will provide: "(i) Equal or better management of the stormwater; "(ii) Equal or better protection of the waters of the state; and "(iii) No increased potential for nuisance conditions. "(n) A regulated entity may develop its own comprehensive watershed plan, may use the model ordinance developed by the Commission, may design its own postconstruction practices based on the Department's guidance and engineering standards for best management practices (BMPs), or it may incorporate the postconstruction model practices set out in this rule to fulfill the minimum requirements set out in 40 Code of Federal Regulations § 122.34(b)(5) (1 July 2003 Edition)." Session Laws 2004-163, s. 14, as amended by 2005-386, s. 1.10, provides: "Notwithstanding G.S. 164-10 , the Revisor of Statutes shall not codify any of the provisions of this act. The Revisor of Statutes shall set out the text of Sections 1 through 13 of this act as a note to G.S. 143-214.7 and may make notes concerning this act to other sections of the General Statutes as the Revisor of Statutes deems appropriate. The Revisor of Statutes shall set out the text of the Stormwater Management Rule, as defined in Section 12 of this act, and the text of Section 6 of the temporary rule adopted by the Environmental Management Commission on 10 October 2002 as notes to G.S. 143-214.7 ." Session Laws 2004-163, s. 15, as amended by Session Laws 2006-246, s. 1(b), provides: "This act is effective when it becomes law and expires 1 July 2006." Section 6 of the Temporary Phase II Stormwater Management Rules Adopted by the Environmental Management Commission on 10 October 2002. - "(6) Application schedule. Regulated public entities must submit applications on department approved forms. Designated small MS4 applications shall include program descriptions for the minimum measures identified in Item (7) of this Rule. The application for regulated public entities that do not own or operate a small MS4 shall certify the lack of ownership or operation of a small MS4. Regulated public entities that do not own or operate a small MS4 may elect to implement a stormwater management program pursuant the options available in this Rule. "(a) The application deadline will not be less than 18 months from the date of designation notification, except for: "(i) 1990 Decennial Census regulated public entities, which must apply by March 10, 2003. "(ii) Municipally operated industrial activities, which must apply by March 10, 2003. "(b) Regulated public entities that are newly identified based upon the 2000 Decennial Census, or a future decennial census, must apply for permit coverage within 18 months of State notification. The Department, within 3 months of federal verification of decennial census data, will notify in writing all the public entities identified." Implementation of Federal Phase II Stormwater Management Requirements and Protection of Water Quality, as Recommended by Environmental Review Commission. - Session Laws 2006-246, s. 19, directs the Revisor of Statutes not to codify this act, except for the provisions of ss. 16 and 17, but to set out as a note under this section. The text of the act follows. Session Laws 2006-246, s. 1(a), effective retroactively to July 1, 2006, reads as follows: "1(a). Disapproval of Certain Rules. - Pursuant to G.S. 150B-21.3 and S.L. 2003-229, the following rules, as adopted by the Environmental Management Commission and approved by the Rules Review Commission on 17 November 2005, are disapproved: "15A NCAC 2H.1014 (Stormwater Management for Urbanizing Areas) "15A NCAC 2H.1015 (Urbanizing Area Definitions) "15A NCAC 2H.1016 (Urbanizing County Designations) "15A NCAC 2H.1017 (Application Schedule and Required Contents) "15A NCAC 2H.1018 (Post-Construction Model Practices) "15A NCAC 2H.1019 (Exceptions) "15A NCAC 2H.0126 (Stormwater Discharges) "15A NCAC 2H.0150 (Definitions) "15A NCAC 2H.0151 (Public Entity Designations) "15A NCAC 2H.0152 (Petitions) "15A NCAC 2H.0153 (Application Schedule and Required Contents) "15A NCAC 2H.0154 (Implementation Schedule) "15A NCAC 2H.0155 (Post-Construction Model Practices) "15A NCAC 2H.0156 (Exceptions)" Session Laws 2006-246, ss. 2-3, effective retroactively to July 1, 2006, and expiring when permanent rules to replace those sections have become effective, as amended by Session Laws 2013-413, s. 51(b) and s. 57(z), and as amended by Session Laws 2014-90, s. 3, provides: "2. Definitions. - The following definitions apply to this act and its implementation: "(1) The definitions set out in 40 Code of Federal Regulations § 122.2 (Definitions) and § 122.26(b) (Storm Water Discharges) (1 July 2003 Edition). "(2) The definitions set out in G.S. 143-212 , G.S. 143-213 , and G.S. 143-214.7(a1) . "(3) The definitions set out in 15A NCAC 2H .0103 (Definitions of Terms). "(4) The definitions set out in 15A NCAC 2H .1002 (Definitions). "(5) 'One-year, 24-hour storm' means a rainfall of an intensity expected to be equaled or exceeded, on average, once in 12 months and with a duration of 24 hours. "(6) 'BMP' means Best Management Practice. (7) Repealed by Session Laws 2013-413, s. 51(b), effective August 23, 2013. (8) Repealed by Session Laws 2014-90, s. 3, effective July 30, 2014. "(9) 'Division' means the Division of Water Resources in the Department. "(10) 'Planning jurisdiction' means the territorial jurisdiction within which a municipality exercises the powers authorized by Article 19 of Chapter 160A of the General Statutes, or a county may exercise the powers authorized by Article 18 of Chapter 153A of the General Statutes. "(11) 'Public entity' means the United States; the State; a city, village, township, county, school district, public college or university, or single-purpose governmental agency; or any other governing body that is created by federal or State law. (12) Repealed by Session Laws 2014-90, s. 3, effective July 30, 2014. "(13) 'Regulated entity' means any public entity that must obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management for its municipal separate storm sewer system (MS4). "(14) 'Sensitive receiving waters' means any of the following: "a. Waters that are classified as high quality, outstanding resource, shellfish, trout, or nutrient-sensitive waters in accordance with subsections (d) and (e) of 15A NCAC 2B .0101 (Procedures for Assignment of Water Quality Standards - General Procedures). "b. Waters that are occupied by or designated as critical habitat for aquatic animal species that are listed as threatened or endangered by the United States Fish and Wildlife Service or the National Marine Fisheries Service under the provisions of the Endangered Species Act of 1973 (Pub. L. No. 93-205; 87 Stat. 884; 16 U.S.C. §§ 1531, et seq.), as amended. "c. Waters for which the designated use, as described by the classification system set out in subsections (c), (d), and (e) of 15A NCAC 2B .0101 (Procedures for Assignment of Water Quality Standards - General Procedures), have been determined to be impaired in accordance with the requirements of subsection (d) of 33 U.S.C. § 1313. "(15) 'Shellfish resource waters' means Class SA waters that contain an average concentration of 500 parts per million of natural chloride ion. Average concentration is determined by averaging the chloride concentrations of five water samples taken one-half mile downstream from the project site that are taken on separate days, within one hour of high tide, and not within 48 hours following a rain event. The chloride ion concentrations are to be determined by a State-certified laboratory. "(16) 'Significant contributor of pollutants' means a municipal separate storm sewer system (MS4) or a discharge that contributes to the pollutant loading of a water body or that destabilizes the physical structure of a water body such that the contribution to pollutant loading or the destabilization may reasonably be expected to adversely affect the quality and uses of the water body. Uses of a water body shall be determined pursuant to 15A NCAC 2B .0211 through 15A NCAC 2B .0222 (Classifications and Water Quality Standards Applicable to Surface Waters and Wetlands of North Carolina) and 15A NCAC 2B .0300, et seq. (Assignment of Stream Classifications). "(17) 'Total maximum daily load (TMDL) implementation plan' means a written, quantitative plan and analysis for attaining and maintaining water quality standards in all seasons for a specific water body and pollutant. "3. Program Implementation. - The Commission shall implement the federal Phase II stormwater management requirements set out in 40 Code of Federal Regulations §§ 122.21, 122.26, and 122.28 through 122.37 (1 July 2003 Edition)." Session Laws 2006-246, s. 4, as amended by Session Laws 2011-220, ss. 1-2, effective June 23, 2011, and applicable to any development that occurs on or after that date, provides: "4(a) Development in Unincorporated Areas of Counties. - "(a) Development that cumulatively disturbs one acre or more of land located in the unincorporated area of a county shall comply with the standards set forth in Section 9 of this act beginning 1 July 2007 if the development is located in: "(1) An area that is designated as an urbanized area under the most recent federal decennial census. "(2) The unincorporated area of a county outside of a municipality designated as an urbanized area under the most recent federal decennial census that extends: "a. One mile beyond the corporate limits of a municipality with a population of less than 10,000 individuals. "b. Two miles beyond the corporate limits of a municipality with a population of 10,000 or more individuals but less than 25,000 individuals. "c. Three miles beyond the corporate limits of a municipality with a population of 25,000 or more individuals. "(3) An area delineated pursuant to subsection (b) of this section. "(4) A county that contains an area that is designated as an urbanized area under the most recent federal decennial census in which the unduplicated sum of: (i) the area that is designated as an urbanized area under the most recent federal decennial census; (ii) the area described in subdivision (2) of subsection (a) of this section; (iii) the area delineated pursuant to subsection (b) of this section; (iv) the jurisdiction of a regulated entity designated pursuant to Section 5 of this act; (v) the area that is regulated by a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management required pursuant to Section 6 of this act; and (vi) areas in the county that are subject to any of the stormwater management programs administered by the Division equal or exceed seventy-five percent (75%) of the total geographic area of the county. For purposes of this subdivision, the stormwater programs administered by the Division are: "a. Water Supply Watershed I (WS-I) - 15A NCAC 2B.0212. "b. Water Supply Watershed II (WS-II) - 15A NCAC 2B.0214. "c. Water Supply Watershed III (WS-III) - 15A NCAC 2B.0215. "d. Water Supply Watershed IV (WS-IV) - 15A NCAC 2B.0216. "e. High Quality Waters (HQW) - 15A NCAC 2H.1006. "f. Outstanding Resource Waters (ORW) - 15A NCAC 2H.1007. "g. The Coastal Stormwater Program - 15A NCAC 2H.1005. "h. The Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy - 15A NCAC 2B.0235. "i. The Tar-Pamlico River Basin Nutrient Sensitive (NSW) Management Strategy - 15A NCAC 2B.0258. "j. The Randleman Lake Water Supply Watershed Nutrient Management Strategy - 15A NCAC 2B.0251. "k. Other Environmental Management Commission Nutrient Sensitive Waters (NSW) Classifications - 15A NCAC 2B.0223. "(5) Subject to subsection (a1) of this section, a county that contains an area that is designated as an urbanized area under the 1990 or 2000 federal decennial census and that has an actual population growth rate that exceeded the State population growth rate for the period 1995 through 2004. "(a1) A county that contains an area that is designated as an urbanized area under the 1990 or 2000 federal decennial census and that has an actual population growth rate that exceeded the State population growth rate for the period 1995 through 2004 is not a county under subdivision (5) of subsection (a) of this section and is not a county that is subject under this section to the requirements for development in the unincorporated areas of the county when that actual population growth rate occurred in an area within the county that consists of less than five percent (5%) of the total land area of the county." "(b) Delineation Process. - The Commission shall delineate regulated coverage areas as provided in this subsection. "(1) Schedule. - The Commission shall implement the delineation process in accordance with the schedule for review and revision of basinwide water quality management plans as provided in G.S. 143-215.8 B(c). "(2) Potential candidate coverage areas. - A potential candidate coverage area is the unincorporated area of a county that is outside a municipality designated as a regulated entity pursuant to subdivisions (2) and (3) of Section 5 of this act that: "a. Extends one mile beyond the corporate limits of a municipality with a population of less than 10,000 individuals. "b. Extends two miles beyond the corporate limits of a municipality with a population of 10,000 or more individuals but less than 25,000 individuals. "c. Extends three miles beyond the corporate limits of a municipality with a population of 25,000 or more individuals. "(3) Identification of candidate coverage areas. - The Commission shall identify an area within a potential candidate coverage area described in sub-subdivision b. of subdivision (2) of this subsection as a candidate coverage area if the discharge of stormwater within or from the unincorporated area has the potential to adversely impact water quality. An adverse impact on water quality includes any activity that violates water quality standards, including, but not limited to, any activity that impairs designated uses or that has a significant biological or habitat impact. "(4) Notice and comment on candidacy. - The Commission shall notify each public entity that is located in whole or in part in a candidate coverage area. After notification of each public entity, the Commission shall publish a map of the unincorporated areas within the river basin that have been identified as candidates for delineation as regulated coverage areas. The Commission shall accept public comment on the proposed delineation of a candidate coverage area as a regulated coverage area for a period of not less than 30 days. "(5) Delineation of regulated coverage areas. - After review of public comment, the Commission shall delineate regulated coverage areas. The Commission shall delineate a candidate coverage area as a regulated coverage area only if the Commission determines that the discharge of stormwater within or from the candidate coverage area either: "a. Adversely impacts water quality. "b. Results in a significant contribution of pollutants to sensitive receiving waters, taking into account the effectiveness of other applicable water quality protection programs. To determine the effectiveness of other applicable water quality protection programs, the Commission shall consider the water quality of the receiving waters and whether the waters support the uses set out in subsections (c), (d), and (e) of 15A NCAC 2B.0101 (Procedures for Assignment of Water Quality Standards - General Procedures) and the specific classification of the waters set out in 15A NCAC 2B.0300, et seq. (Assignment of Stream Classifications). "(6) Notice of delineation. - The Commission shall provide written notice to each public entity that is located in whole or in part in a candidate coverage area of its delineation determination. The notice shall state the basis for the determination. "(c) Except as provided in this subsection and Section 10 of this act, the Commission shall administer and enforce the standards for development in the regulated coverage areas. To the extent authorized by law, where the development is located in a municipal planning jurisdiction, the municipality shall administer and enforce the standards. A public entity may request that the Commission delegate administration and enforcement of the stormwater management program to the public entity as provided in Section 10 of this act. "4(b) Development in Non-Phase II Incorporated Areas in Certain Counties. - Development that cumulatively disturbs one acre or more of land located in the incorporated areas of a county described in subdivisions (4) and (5) of subsection (a) of this section, that are not designated as an urbanized area under the most recent federal decennial census, shall comply with the standards set forth in Section 9 of this act beginning 1 July 2007. The Commission shall administer and enforce the standards for development unless the public entity requests that the Commission delegate administration and enforcement of the stormwater management program to the public entity as provided in Section 10 of this act." Session Laws 2006-246, ss. 5-8, effective retroactively to July 1, 2006, and expiring when permanent rules to replace those sections have become effective, provide: "5. Designation of Regulated Entities. - A public entity that owns or operates a municipal separate storm sewer system (MS4) may be designated as a regulated entity through federal designation, through a State designation process, or under a total maximum daily load (TMDL) implementation plan as provided in this section. "(1) Federal designation. - A public entity that owns or operates a municipal separate storm sewer system (MS4) may be designated as a regulated entity pursuant to 40 Code of Federal Regulations § 122.32 (1 July 2003 Edition). "(2) State designation process. - The Commission shall designate a public entity that owns or operates a municipal separate storm sewer system (MS4) as a regulated entity as provided in this subdivision. "a. Designation schedule. - The Commission shall implement the designation process in accordance with the schedule for review and revision of basinwide water quality management plans as provided in G.S. 143-215.8 B(c). "b. Identification of candidate regulated entities. - The Commission shall identify a public entity as a candidate for designation as a regulated entity if the municipal separate storm sewer system (MS4) either: "1. Discharges stormwater that has the potential to adversely impact water quality. An adverse impact on water quality includes any activity that causes or contributes to a violation of water quality standards, including, but not limited to, any activity that impairs designated uses or that has a significant biological or habitat impact. "2. Serves a public entity that has not been designated pursuant to subdivision (1) of this section and that has either a population of more than 10,000 or more than 4,000 housing units and either a population density of 1,000 people per square mile or more or more than 400 housing units per square mile. "c. Notice and comment on candidacy. - The Commission shall notify each public entity identified as a candidate for designation as a regulated entity. After notification of each public entity, the Commission shall publish a list of all public entities within a river basin that have been identified as candidates for designation. The Commission shall accept public comment on the proposed designation of a public entity as a regulated entity for a period of not less than 30 days. "d. Designation of regulated entities. - After review of the public comment, the Commission shall make a determination on designation for each of the candidate public entities. The Commission shall designate a candidate public entity that owns or operates a municipal separate storm sewer system (MS4) as a regulated public entity only if the Commission determines either that: "1. The public entity has an actual population growth rate that exceeds 1.3 times the State population growth rate for the previous 10 years. "2. The public entity has a projected population growth rate that exceeds 1.3 times the projected State population growth rate for the next 10 years. "3. The public entity has an actual population increase that exceeds fifteen percent (15%) of its previous population for the previous two years. "4. The municipal separate storm sewer system (MS4) discharges stormwater that adversely impacts water quality. "5. The municipal separate storm sewer system (MS4) discharges stormwater that results in a significant contribution of pollutants to receiving waters, taking into account the effectiveness of other applicable water quality protection programs. To determine the effectiveness of other applicable water quality protection programs, the Commission shall consider the water quality of the receiving waters and whether the waters support the uses set out in subsections (c), (d), and (e) of 15A NCAC 2B.0101 (Procedures for Assignment of Water Quality Standards - General Procedures) and the specific classification of the waters set out in 15A NCAC 2B.0300, et seq. (Assignment of Stream Classifications). "e. Notice of designation. - The Commission shall provide written notice to each public entity of its designation determination. For a public entity designated as a regulated entity, the notice shall state the basis for the designation and the date on which an application for a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management must be submitted to the Commission. "f. Application schedule. - A public entity that has been designated as a regulated entity pursuant to this subdivision must submit its application for a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management within 18 months of the date of notification. "(3) Designation under a total maximum daily load (TMDL) implementation plan. - The Commission shall designate an owner or operator of a small municipal separate storm sewer system (MS4) as a regulated entity if the municipal separate storm sewer system (MS4) is specifically listed by name as a source of pollutants for urban stormwater in a total maximum daily load (TMDL) implementation plan developed in accordance with subsections (d) and (e) of 33 U.S.C. § 1313. The Commission shall provide written notice to each public entity of its designation determination. For a public entity designated as a regulated entity, the notice shall state the basis for the designation and the date on which an application for a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management must be submitted to the Commission. A public entity that has been designated as a regulated entity pursuant to this subdivision must submit its application for a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management within 18 months of the date of notification. "6. Petition Process. - A petition may be submitted to the Commission to request that an owner or operator of a municipal separate storm sewer system (MS4) or a person who discharges stormwater be required to obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management as follows: "(1) Connected discharge petition. - An owner or operator of a permitted municipal separate storm sewer system (MS4) may submit a petition to the Commission to request that a person who discharges into the permitted municipal separate storm sewer system (MS4) be required to obtain a separate Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management. The Commission shall grant the petition and require the person to obtain a separate Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management if the petitioner shows that the person's discharge flows or will flow into the permitted municipal separate storm sewer system (MS4). "(2) Adverse impact petition. - Any person may submit a petition to the Commission to request that an owner or operator of a municipal separate storm sewer system (MS4) or a person who discharges stormwater be required to obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management. "a. Petition review. - The Commission shall grant the petition and require the owner or operator of the municipal separate storm sewer system (MS4) or the person who discharges stormwater to obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management if the petitioner shows any of the following: "1. The municipal separate storm sewer system (MS4) or the discharge discharges or has the potential to discharge stormwater that may cause or contribute to a water quality standard violation. "2. The municipal separate storm sewer system (MS4) or the discharge provides a significant contribution of pollutants to receiving waters. "3. The municipal separate storm sewer system (MS4) or the discharge is specifically listed by name as a source of pollutants for urban stormwater in a total maximum daily load (TMDL) implementation plan developed in accordance with subsections (d) and (e) of 33 U.S.C. § 1313. "b. Types of evidence for required showing. - Petitioners may make the required showing by providing to the Commission the following information: "1. Monitoring data that includes, at a minimum, representative sampling of the municipal separate storm sewer system (MS4) or discharge and information describing how the sampling is representative. The petitioner must notify the owner or operator of the municipal separate storm sewer system (MS4) or the person who discharges stormwater of its intent to conduct monitoring activities prior to conducting those activities. "2. Scientific or technical literature that supports the sampling methods. "3. Study and technical information on land uses in the drainage area and the characteristics of stormwater runoff from these land uses. "4. A map that delineates the drainage area of the petitioned entity; the location of sampling stations; the location of the stormwater outfalls in the adjacent area of the sampling locations; general features, including, but not limited to, surface waters, major roads, and political boundaries; and areas of concern regarding water quality. "5. For stormwater discharges to impaired waters, documentation that the receiving waters are impaired or degraded and monitoring data that demonstrates that the municipal separate storm sewer system (MS4) or discharge contributes pollutants for which the waters are impaired or degraded. "6. For stormwater discharges to nonimpaired waters, monitoring data that demonstrates that the owner or operator of the municipal separate storm sewer system (MS4) or the person who discharges stormwater is a significant contributor of pollutants to the receiving waters. "c. Water quality protection program offset. - If the petitioner makes the required showing, the Commission shall review the effectiveness of any existing water quality protection programs that may offset the need to obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management. To determine the effectiveness of other applicable water quality protection programs, the Commission shall consider the water quality of the receiving waters and whether the waters support the uses set out in subsections (c), (d), and (e) of 15A NCAC 2B.0101 (Procedures for Assignment of Water Quality Standards - General Procedures) and the specific classification of the waters set out in 15A NCAC 2B.0300, et seq. (Assignment of Stream Classifications). The Commission may deny the petition if it finds that existing water quality protection programs are adequate to address stormwater impacts on sensitive receiving waters and to ensure compliance with a TMDL implementation plan. "(3) Petition administration. - The Commission shall process petitions in the following manner: "a. The Commission shall only accept petitions submitted on Department forms. "b. A separate petition must be filed for each municipal separate storm sewer system (MS4) or discharge. "c. The Commission shall evaluate only complete petitions. The Commission shall make a determination on the completeness of a petition within 90 days of receipt of the petition, or it shall be deemed complete. If the Commission requests additional information, the petitioner may submit additional information; and the Commission will determine, within 90 days of receipt of the additional information, whether the information completes the petition. "d. The petitioner shall provide a copy of the petition and a copy of any subsequent additional information submitted to the Commission to the chief administrative officer of the municipal separate storm sewer system (MS4) or the person in control of the discharge within 48 hours of each submittal. "e. The Commission shall post all petitions on the Division Web site and maintain copies available for inspection at the Division's office. The Commission shall accept and consider public comment for at least 30 days from the date of posting. "f. The Commission may hold a public hearing on a petition and shall hold a public hearing on a petition if it receives a written request for a public hearing within the public comment period, and the Commission determines that there is a significant public interest in holding a public hearing. The Commission's determination to hold a public hearing shall be made no less than 15 days after the close of the public comment period. The Commission shall schedule the hearing to be held within 45 days of the close of the initial public comment period and shall accept and consider additional public comment through the date of the hearing. "g. An additional petition for the same municipal separate storm sewer system (MS4) or discharge received during the public comment period shall be considered as comment on the original petition. An additional petition for the same municipal separate storm sewer system (MS4) or discharge received after the public comment period ends and before the final determination is made shall be considered incomplete and held pending a final determination on the original petition. "1. If the Commission determines that the owner or operator of the municipal separate storm sewer system (MS4) or the person who discharges stormwater is required to obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management, any petitions for that municipal separate storm sewer system (MS4) or discharge that were held shall be considered in the development of the Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management. "2. If the Commission determines that the owner or operator of the municipal separate storm sewer system (MS4) or the person who discharges stormwater is not required to obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management, an additional petition for the municipal separate storm sewer system (MS4) or discharge must present new information or demonstrate that conditions have changed in order to be considered. If new information is not provided, the petition shall be returned as substantially incomplete. "h. The Commission shall evaluate a petition within 180 days of the date on which it is determined to be complete. If the Commission determines that the owner or operator of the municipal separate storm sewer system (MS4) or the person who discharges stormwater is required to obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management, the Commission shall notify the owner or operator of the municipal separate storm sewer system (MS4) or the person who discharges stormwater within 30 days of the requirement to obtain the permit. The owner or operator of the municipal separate storm sewer system (MS4) or the person who discharges stormwater must submit its application for a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management within 18 months of the date of notification. "7. Permit Standards. - To obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management, an applicant shall, to the extent authorized by law, develop, implement, and enforce a stormwater management plan approved by the Commission that satisfies the six minimum control measures required by 40 Code of Federal Regulations § 122.34(b)(1 July 2003 Edition). The evaluation of the post-construction stormwater management measures required by 40 Code of Federal Regulations § 122.34(b)(5)(1 July 2003 Edition) shall be conducted as provided in Section 9 of this act. Regulated entities may propose using any existing State or local program that relates to the minimum measures to meet, either in whole or in part, the requirements of the minimum measures. "8. Exclusions from Post-Construction Practices. - The post-construction practices required by Section 9 of this act shall not apply to any of the following: "(1) Development in an area where the requirements of Section 9 of this act are applicable that is conducted pursuant to one of the following authorizations, provided that the authorization was obtained prior to the effective date of the post-construction stormwater control requirements in the area and the authorization is valid, unexpired, unrevoked, and not otherwise terminated: "a. A building permit pursuant to G.S. 153A-357 or G.S. 160A-417. "b. A site-specific development plan as defined by G.S. 153A-344.1(b)(5) and G.S. 160A-385.1(b)(5). "c. A phased development plan approved pursuant to G.S. 153A-344.1 for a project located in the unincorporated area of a county that is subject to the requirements of Section 9 of this act, if the Commission is responsible for implementation of the requirements of Section 9 of this act, that shows: "1. For the initial or first phase of development, the type and intensity of use for a specific parcel or parcels, including at a minimum, the boundaries of the project and a subdivision plan that has been approved pursuant to G.S. 153A-330 through G.S. 153A-335. "2. For any subsequent phase of development, sufficient detail so that implementation of the requirements of Section 9 of this act to that phase of development would require a material change in that phase of the plan. "d. A vested right to the development under G.S. 153A-344(b), 153A-344.1, 160A-385(b), or 160A-385.1 issued by a local government that implements Section 9 of this act. "e. A vested right to the development pursuant to common law. "(2) Redevelopment." Session Laws 2006-246, s. 9, as amended by Session Laws 2008-198, s. 6(b), and as amended by Session Laws 2014-1, s. 1, provides: "9. Post-Construction Practices. - "(a) For post-construction requirements, a program will be deemed compliant for the areas where it is implementing any of the following programs: "(1) Water Supply Watershed I (WS-I) - 15A NCAC 2B .0212. "(2) Water Supply Watershed II (WS-II) - 15A NCAC 2B .0214. "(3) Water Supply Watershed III (WS-III) - 15A NCAC 2B .0215. "(4) Water Supply Watershed IV (WS-IV) - 15A NCAC 2B .0216. "(5) Freshwater High Quality Waters (HQW) - 15A NCAC 2H .1006. "(6) Freshwater Outstanding Resource Waters (ORW) - 15A NCAC 2H .1007. "(7) The Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy - 15A NCAC 2B .0235. "(8) The Tar-Pamlico River Basin Nutrient Sensitive (NSW) Management Strategy - 15A NCAC 2B .0258. "(9) The Randleman Lake Water Supply Watershed Nutrient Management Strategy - 15A NCAC 2B .0251. "(b) In order to fulfill the post-construction minimum measure program requirement, a permittee, delegated program, or regulated entity may use the Department's model ordinance, design its own post-construction practices based on the Department's guidance on scientific and engineering standards for best management practices (BMPs), incorporate the post-construction model practices described in this act, or develop its own comprehensive watershed plan that is determined by the Department to meet the post-construction stormwater management measure required by 40 Code of Federal Regulations § 122.34(b)(5) (July 1, 2003, Edition). "In order to fulfill the post-construction minimum measure requirement for linear transportation projects, including private transportation projects constructed to North Carolina Department of Transportation standards that will be conveyed to the State upon completion, a permittee, delegated program, or regulated entity may use the Stormwater Best Management Practices Toolbox developed by the North Carolina Department of Transportation. "(b1) In order to fulfill the post-construction minimum measure requirement for linear transportation projects, including private transportation projects constructed to North Carolina Department of Transportation standards that will be conveyed to the State upon completion, a permittee, delegated program, or regulated entity may use the Stormwater Best Management Practices Toolbox developed by the North Carolina Department of Transportation. "(c) Permittees, delegated programs, and regulated entities must require stormwater controls for a project that disturbs one acre or more of land, including a project that disturbs less than one acre of land that is part of a larger common plan of development or sale. The stormwater controls shall be appropriate to the project's level of density as follows: "(1) Post-construction model practices for low-density projects. - A project that is located within one-half mile of and draining to Shellfish Resource Waters is a low-density project if it contains no more than twelve percent (12%) built-upon area. A project that is not located within one-half mile of Shellfish Resource Waters is a low-density project if it contains no more than twenty-four percent (24%) built-upon area or no more than two dwelling units per acre. Low-density projects must use vegetated conveyances to the maximum extent practicable to transport stormwater runoff from the project. On-site stormwater treatment devices such as infiltration areas, bioretention areas, and level spreaders may also be used as added controls for stormwater runoff. A project with an overall density at or below the low-density thresholds, but containing areas with a density greater than the overall project density, may be considered low density as long as the project meets or exceeds the post-construction model practices for low-density projects and locates the higher density in upland areas and away from surface waters and drainageways to the maximum extent practicable. "(2) Post-construction model practices for high-density projects. - A project that is located within one-half mile of and draining to Shellfish Resource Waters is a high-density project if it contains more than twelve percent (12%) built-upon area. A project that is not located within one-half mile of Shellfish Resource Waters is a high-density project if it contains more than twenty-four percent (24%) built-upon area or more than two dwelling units per acre. High-density projects must use structural stormwater management systems that will control and treat runoff from the first one inch of rain unless the project is in a county that is subject to the Coastal Area Management Act of 1974, in which case the project must use structural stormwater management systems that will control and treat runoff from the first one and one-half inches of rain. In addition, projects that are located within one-half mile and draining to Shellfish Resource Waters must control and treat the difference in the stormwater runoff from the predevelopment and post-development conditions for the one-year, 24- hour storm. The structural stormwater management system must also meet the following design standards: "a. Draw down the treatment volume no faster than 48 hours, but no slower than 120 hours. "b. Discharge the storage volume at a rate equal to or less than the predevelopment discharge rate for the one-year, 24-hour storm. "c. Remove an eighty-five percent (85%) average annual amount of Total Suspended Solids. "d. Meet the General Engineering Design Criteria set out in 15A NCAC 02H .1008(c). "e. Wet detention ponds designed in accordance with the requirements of subsection (h) of this section may be used for projects draining to Class SA waters. "(d) Permittees, delegated programs, and regulated entities must require built-upon areas to be located at least 30 feet landward of all perennial and intermittent surface waters. For purposes of this section, a surface water shall be present if the feature is shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). Relief from this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 02B .0233(3)(a). In addition, an exception to this requirement may be pursued in accordance with subsection (a) of Section 11 of this act. "(e) Permittees, delegated programs, and regulated entities must implement or require a fecal coliform reduction program that controls, to the maximum extent practicable, the sources of fecal coliform. At a minimum, the program shall include the development and implementation of an oversight program to ensure proper operation and maintenance of on-site wastewater treatment systems for domestic wastewater. For municipalities, this program may be coordinated with local county health departments. "(f) Permittees, delegated programs, and regulated entities must impose or require recorded restrictions and protective covenants to be recorded on the property in the Office of the Register of Deeds in the county where the property is located prior to the issuance of a certificate of occupancy in order to ensure that development activities will maintain the project consistent with approved plans. "(g) Permittees, delegated programs, and regulated entities must implement or require an operation and maintenance plan that ensures the adequate long-term operation of the structural BMPs required by the program. The operation and maintenance plan must require the owner of each structural BMP to submit a maintenance inspection report on each structural BMP annually to the local program. "(h) For areas draining to Class SA waters, permittees, delegated programs, and regulated entities must: "(1) Use BMPs that result in the highest degree of fecal coliform die-off and control to the maximum extent practicable sources of fecal coliform while still incorporating the stormwater controls required by the project's density level. "(2) Implement a program to control the sources of fecal coliform to the maximum extent practicable, including a pet waste management component, which may be achieved by revising an existing litter ordinance, and an on-site domestic wastewater treatment systems component to ensure proper operation and maintenance of such systems, which may be coordinated with local county health departments. "(3) Prohibit new points of stormwater discharge to Class SA waters and prohibit both increases in the volume of stormwater flow through conveyances and increases in capacity of conveyances in existing stormwater conveyance systems that drain to Class SA waters. Any modification or redesign of a stormwater conveyance system within the contributing drainage basin must not increase the net amount or rate of stormwater discharge through existing outfalls to Class SA waters. Diffuse flow of stormwater at a nonerosive velocity to a vegetated buffer or other natural area capable of providing effective infiltration of the runoff from the one-year, 24-hour storm shall not be considered a direct point of stormwater discharge. Consideration shall be given to soil type, slope, vegetation, and existing hydrology when evaluating infiltration effectiveness. "(i) For areas draining to Trout Waters, permittees, delegated programs, and regulated entities must: "(1) Use BMPs that avoid a sustained increase in the receiving water temperature, while still incorporating the stormwater controls required for the project's density level. "(2) Allow on-site stormwater treatment devices such as infiltration areas, bioretention areas, and level spreaders as added controls. "(j) For areas draining to Nutrient Sensitive Waters, permittees, delegated programs, and regulated entities must: "(1) Use BMPs that reduce nutrient loading, while still incorporating the stormwater controls required for the project's density level. In areas where the Department has approved a Nutrient Sensitive Water Urban Stormwater Management Program, the provisions of that program fulfill the nutrient loading reduction requirement. Nutrient Sensitive Water Urban Stormwater Management Program requirements are found in 15A NCAC 02B.0200. "(2) Implement a nutrient application management program for both inorganic fertilizer and organic nutrients to reduce nutrients entering waters of the State. "(k) For BMPs that require a separation from the seasonal high-water table, the separation shall be provided by at least 12 inches of naturally occurring soil above the seasonal high-water table. "( l ) Nothing in this section shall limit, expand, or alter the requirement that a discharge fully comply with all applicable State or federal water quality standards." Session Laws 2006-246, ss. 10-13, effective retroactively to July 1, 2006, and expiring when permanent rules to replace those sections have become effective, provide: "10. Delegation. - A public entity that does not administer a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management throughout the entirety of its planning jurisdiction and whose planning jurisdiction includes a regulated coverage area under Section 4 of this act may submit a stormwater management program for its regulated coverage area or a portion of its regulated coverage area to the Commission for approval pursuant to G.S. 143-214.7(c) . An ordinance or regulation adopted by a public entity shall at least meet and may exceed the minimum requirements of Section 9 of this act. Two or more public entities are authorized to establish a joint program and to enter into any agreements that are necessary for the proper administration and enforcement of the program. The resolution, memorandum of agreement, or other document that establishes any joint program must be duly recorded in the minutes of the governing body of each public entity participating in the program, and a certified copy of each resolution must be filed with the Commission. The Commission shall review each proposed program submitted to it to determine whether the submission is complete. Within 90 days after the receipt of a complete submission, the Commission shall notify the public entity submitting the program that it has been approved, approved with modifications, or disapproved. The Commission shall only approve a program upon determining that its standards equal or exceed those of Section 9 of this act. If the Commission determines that any public entity is failing to administer or enforce an approved stormwater management program, it shall notify the public entity in writing and shall specify the deficiencies of administration and enforcement. If the public entity has not taken corrective action within 30 days of receipt of notification from the Commission, the Commission shall assume administration and enforcement of the program until such time as the public entity indicates its willingness and ability to resume administration and enforcement of the program. "11(a) Exceptions. - The Department or an appropriate local authority, pursuant to Article 18 of G.S. 153A or Article 19 of G.S. 160A, may grant exceptions from the 30-foot landward location of built-upon area requirement as well as the deed restrictions and protective covenants requirement as follows: "(1) An exception may be granted if the application meets all of the following criteria: "a. Unnecessary hardships would result from strict application of the act. "b. The hardships result from conditions that are peculiar to the property, such as the location, size, or topography of the property. "c. The hardships did not result from actions taken by the petitioner. "d. The requested exception is consistent with the spirit, purpose, and intent of this act; will protect water quality; will secure public safety and welfare; and will preserve substantial justice. Merely proving that the exception would permit a greater profit from the property shall not be considered adequate justification for an exception. "(2) Notwithstanding subdivision (1) of this section, exceptions shall be granted in any of the following instances: "a. When there is a lack of practical alternatives for a road crossing, railroad crossing, bridge, airport facility, or utility crossing as long as it is located, designed, constructed, and maintained to minimize disturbance, provide maximum nutrient removal, protect against erosion and sedimentation, have the least adverse effects on aquatic life and habitat, and protect water quality to the maximum extent practicable through the use of BMPs. "b. When there is a lack of practical alternatives for a stormwater management facility; a stormwater management pond; or a utility, including, but not limited to, water, sewer, or gas construction and maintenance corridor, as long as it is located 15 feet landward of all perennial and intermittent surface waters and as long as it is located, designed, constructed, and maintained to minimize disturbance, provide maximum nutrient removal, protect against erosion and sedimentation, have the least adverse effects on aquatic life and habitat, and protect water quality to the maximum extent practicable through the use of BMPs. "c. A lack of practical alternatives may be shown by demonstrating that, considering the potential for a reduction in size, configuration, or density of the proposed activity and all alternative designs, the basic project purpose cannot be practically accomplished in a manner which would avoid or result in less adverse impact to surface waters. "(3) Reasonable and appropriate conditions and safeguards may be imposed upon any exception granted. "(4) Local authorities must document the exception procedure and submit an annual report to the Department on all exception proceedings. "(5) Appeals of the Department's exception decisions must be filed with the Office of Administrative Hearings, under G.S. 150B-23 . Appeals of a local authority's exception decisions must be made to the appropriate Board of Adjustment or other appropriate local governing body, under G.S. 160A-388 or G.S. 153A-345 (now repealed). "11(b) Exemption. - A municipality with a population of less than 1,000, including a municipality designated as an urbanized area under the most recent federal decennial census, is not required to obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management unless the municipality is shown to be contributing to an impairment of State waters, as determined under the requirements of 33 U.S.C. § 1313(d). "11(c) Waiver. - The Department may waive the Phase II National Pollutant Discharge Elimination System (NPDES) permit requirement pursuant to 40 Code of Federal Regulations §§ 122.32(d) or (e) (July 1, 2003, Edition). "12. Implementation Schedule. - The requirements of this act shall be implemented as follows: "(1) A regulated entity must apply within 18 months of notification by the Department that the regulated entity is subject to regulation pursuant to Sections 4, 5, or 6 of this act. "(2) Public education and outreach minimum measures shall be implemented no later than 12 months from date of permit issuance. "(3) A regulated entity must implement its post-construction program no later than 24 months from the date the permit is issued. "(4) The Department shall include permit conditions that establish schedules for implementation of each minimum measure of the regulated entity's stormwater management program based on the submitted application so that the regulated entity fully implements its permitted program within five years from permit issuance. "13. Federal and State Projects. - The Commission shall have jurisdiction, to the exclusion of local governments, to issue a National Pollutant Discharge Elimination System (NPDES) permit for stormwater management to a federal or State agency that applies to all or part of the activities of the agency or that applies to the particular project. If a federal or State agency does not hold a Phase I or Phase II National Pollutant Discharge Elimination System (NPDES) permit for management that applies to the particular project, then the project is subject to the stormwater management requirements of this act as implemented by the Commission or by a local government. The provisions of G.S. 153A-347 and G.S. 160A-392 apply to the implementation of this act." Session Laws 2006-246, ss. 14 and 15, effective retroactively to July 1, 2006, provide: "14. General Permit. - The Commission shall develop and issue a Phase II National Pollutant Discharge Elimination System (NPDES) general permit for stormwater management. The general permit requirements for post-construction stormwater management measures required by 40 Code of Federal Regulations § 122.34(b)(5) (July 1, 2003, Edition) shall require a permittee to meet the standards set out in Section 9 of this act but shall not impose any requirement on the permittee that exceeds the standards set out in Section 9 of this act. After the Commission has issued a Phase II National Pollutant Discharge Elimination System (NPDES) general permit for stormwater management, a public entity that has applied for a permit may submit a notice of intent to be covered under the general permit to the Commission. The Commission shall treat an application for a permit as an application for an individual permit unless the applicant submits a notice of intent to be covered under a general permit under this section. "15. Additional Rule Making. - The Commission may adopt rules to replace the rules that are disapproved as provided in subsection (a) of Section 1 of this act. If the Commission adopts rules pursuant to this section, notwithstanding G.S. 150B-19(4) , the rules shall be substantively identical to the provisions of Sections 2 through 13 of this act. The Commission may reorganize or renumber any of the rules to which this section applies at its discretion. Rules adopted pursuant to this section are not subject to G.S. 150B-21.9 through G.S. 150B-21.14 . Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) ." Session Laws 2006-246, s. 18, as amended by Session Laws 2008-211, s. 6, effective August 9, 2008, provides: "18. Construction of Act. - "(1) Except as specifically provided in Section 15 of this act, nothing in this act shall be construed to limit, expand, or otherwise alter the authority of the Environmental Management Commission or any unit of local government. "(2) The exclusions from the requirement to obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit set out in 40 Code of Federal Regulations § 122.3 (July 1, 2003, Edition), including the exclusions for certain nonpoint source agricultural and silvicultural activities, apply to the provisions of this act. "(3) This act shall not be construed to affect any delegation of any power or duty by the Commission to the Department or subunit of the Department. "(4) The definitions of 'development' and 'redevelopment' set out in this act do not alter or amend the definition of 'redevelopment' set out in G.S. 113A-103 and do not apply to the Coastal Area Management Act of 1974, Article 7 of Chapter 113A of the General Statutes. "(5) As used in Section 9 of this act, the phrase 'common plan of development or sale' shall be interpreted and implemented in a manner consistent with the memorandum referenced as 'Guidance Interpreting Phase II Stormwater Requirements' from the Director of the Division of Water Quality of the Department of Environment and Natural Resources to Interested Parties dated 24 July 2006, and for these purposes the memorandum shall be considered a part of this act and as such shall be printed as a part of the Session Laws." Session Laws 2011-220, ss. 3-4, provides: "3. Any rule adopted to replace rules that were disapproved under S.L. 2006-246 or any rule adopted to implement S.L. 2006-246 from and after the effective date of S.L. 2006-246 shall be consistent with the provisions of this act. "4. All designations of counties under subdivision (5) of subsection (a) of Section 4 of S.L. 2006-246 that occurred after August 16, 2006, that would not have occurred under Section 4 of S.L. 2006-246 as amended by this act are rescinded. The provisions of this section do not preclude any future designations of counties as Phase 2 counties by the Environmental Management Commission under subdivision (5) of subsection (a) of Section 4 of S.L. 2006-246 as amended by this act." Improvements in the Management of Stormwater in the Coastal Counties in order to Protect Water Quality - Supercession of Rule. - Session Laws 2008-211, s. 7, directs the Revisor of Statutes not to codify any of the provisions of Session Law 2008-211, notwithstanding G.S. 164-10 , but to set out its text as an editor's note under this section. Session Laws 2008-211, s. 1(a), effective August 9, 2008, as amended by Session Laws 2013-413, s. 57(aa), provides: "1.(a) Disapprove Rule. - Pursuant to G.S. 150B-21.3(b1) , 15A NCAC 02H.1005 (Stormwater Requirements: Coastal Counties), as adopted by the Environmental Management Commission on 10 January 2008 and approved by the Rules Review Commission on 20 March 2008, is disapproved." Session Laws 2008-211, ss. 1(b), 2(a)-(f), and (3), as amended by Session Laws 2008-198, s. 6(a), and Session Laws 2013-413, ss. 51(c), 57(aa), provide: "1.(b) Supersede Rule. - 15A NCAC 02H.1005 (Stormwater Requirements: Coastal Counties), effective 1 September 1995, is superseded by this act. References in the North Carolina Administrative Code to 15A NCAC 02H.1005 shall be deemed to refer to the equivalent provisions of this act. "2.(a) Definitions. - The following definitions apply to this act and its implementation: "(1) The definitions set out in 15A NCAC 02H.1002 (Definitions). "(2) The definitions set out in G.S. 143-212 and G.S. 143-213 . (3) Repealed by Session Laws 2013-413, s. 51(c), effective August 23, 2013. "(4) 'Permeable pavement' means paving material that absorbs water or allows water to infiltrate through the paving material. Permeable pavement materials include porous concrete, permeable interlocking concrete pavers, concrete grid pavers, porous asphalt, and any other material with similar characteristics. Compacted gravel shall not be considered permeable pavement. "(5) 'Residential development activities' has the same meaning as in 15A NCAC 02B.0202(54). "(6) 'Vegetative buffer' has the same meaning as in 15A NCAC 02H.1002(22) and means an area of natural or established vegetation directly adjacent to surface waters through which stormwater runoff flows in a diffuse manner to protect surface waters from degradation due to development activities. "(7) 'Vegetative conveyance' means a permanent, designed waterway lined with vegetation that is used to convey stormwater runoff at a non-erosive velocity within or away from a developed area. "2.(b) Requirements for Certain Nonresidential and Residential Development in the Coastal Counties. - All nonresidential development activities that occur within the Coastal Counties that will add more than 10,000 square feet of built upon area or that require a Sedimentation and Erosion Control Plan, pursuant to G.S. 113A-57 or a Coastal Area Management Act (CAMA) Major Development Permit, pursuant to G.S. 113A-118 and all residential development activities within the Coastal Counties that require a Sedimentation and Erosion Control Plan, pursuant to G.S. 113A-57 or a Coastal Area Management Act (CAMA) Major Development Permit, pursuant to G.S. 113A-118 shall manage stormwater runoff as provided in this subsection. A development activity or project requires a Sedimentation and Erosion Control Plan if the activity or project disturbs one acre or more of land, including an activity or project that disturbs less than one acre of land that is part of a larger common plan of development. Whether an activity or project that disturbs less than one acre of land is part of a larger common plan of development shall be determined in a manner consistent with the memorandum referenced as 'Guidance Interpreting Phase 2 Stormwater Requirements' from the Director of the Division of Water Quality of the Department of Environment and Natural Resources to Interested Parties dated 24 July 2006. "(1) Development Near Outstanding Resource Waters (ORW). - Development activities within the Coastal Counties and located within 575 feet of the mean high waterline of areas designated by the Commission as Outstanding Resource Waters (ORW) shall meet the requirements of 15A NCAC 02H.1007 (Stormwater Requirements: Outstanding Resource Waters) and shall be permitted as follows: "a. Low-Density Option. - Development shall be permitted pursuant to 15A NCAC 02H.1003(d)(1) if the development meets all of the following requirements: "1. The development has a built upon area of twelve percent (12%) or less. A development project with an overall density at or below the low-density threshold, but containing areas with a density greater than the overall project density, shall be considered low-density as long as the project meets or exceeds the requirements for low-density development and locates the higher density development in upland areas and away from surface waters and drainageways to the maximum extent practicable. "2. Stormwater runoff from the development is transported primarily by vegetated conveyances. As used in this sub-sub-subdivision, 'conveyance system' shall not include a stormwater collection system. Stormwater runoff from built upon areas that is directed to flow through any wetlands shall flow into and through these wetlands at a non-erosive velocity. "3. The development contains a 50-foot-wide vegetative buffer for new development activities and a 30-foot-wide vegetative buffer for redevelopment activities. The width of a buffer is measured horizontally from the normal pool elevation of impounded structures, from the bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline. The vegetative buffer may be cleared or graded, but must be planted with and maintained in grass or any other vegetative or plant material. The Division of Water Resources may, on a case-by-case basis, grant a minor variance from the vegetative buffer requirements of this section pursuant to the procedures set out in 15A NCAC 02B.0233(9)(b). Vegetative buffers and filters required by this section and any other buffers or filters required by State water quality or coastal management rules or local government requirements may be met concurrently and may contain, in whole or in part, coastal, isolated, or 404 jurisdictional wetlands that are located landward of the normal waterline. "b. High-Density Option. - Development shall be permitted pursuant to 15A NCAC 02H.1003(d)(2) if the development meets all of the following requirements: "1. The development has a built upon area of greater than twelve percent (12%). "2. The development has no direct outlet channels or pipes to Class SA waters unless permitted in accordance with 15A NCAC 02H.0126. Stormwater runoff from built upon areas that is directed to flow through any wetlands shall flow into and through these wetlands at a non-erosive velocity. "3. The development utilizes control systems that are any combination of infiltration systems, bioretention systems, constructed stormwater wetlands, sand filters, rain barrels, cisterns, rain gardens or alternative low impact development stormwater management systems designed in accordance with 15A NCAC 02H.1008 to control and treat the runoff from all surfaces generated by one and one-half inches of rainfall, or the difference in the stormwater runoff from all surfaces from the predevelopment and postdevelopment conditions for a one-year, 24-hour storm, whichever is greater. Wet detention ponds may be used as a stormwater control system to meet the requirements of this sub-sub-subdivision, provided that the stormwater control system fully complies with the requirements of this sub-subdivision. If a wet detention pond is used within one-half mile of Class SA waters, installation of a stormwater best management practice in series with the wet detention pond shall be required to treat the discharge from the wet detention pond. Secondary stormwater best management practices that are used in series with another stormwater best management practice do not require any minimum separation from the seasonal high water table. Alternatives as described in 15A NCAC 02H.1008(h) may also be approved if they meet the requirements of this sub-subdivision. "4. Stormwater runoff from the development that is in excess of the design volume must flow overland through a vegetative filter designed in accordance with 15A NCAC 02H.1008 with a minimum length of 50 feet measured from mean high water of Class SA waters. "5. The development contains a 50-foot-wide vegetative buffer for new development activities and a 30-foot-wide vegetative buffer for redevelopment activities. The width of a buffer is measured horizontally from the normal pool elevation of impounded structures, from the bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline. The vegetative buffer may be cleared or graded, but must be planted with, and maintained in, grass or any other vegetative or plant material. Furthermore, stormwater control best management practices (BMPs), or stormwater control structures, with the exception of wet detention ponds, may be located within this vegetative buffer. The Division of Water Resources may, on a case by case basis, grant a minor variance from the vegetative buffer requirements of this section pursuant to the procedures set out in 15A NCAC 02B.0233(9)(b). Vegetative buffers and filters required by this section and any other buffers or filters required by State water quality or coastal management rules or local government requirements may be met concurrently and may contain, in whole or in part, coastal, isolated, or 404 jurisdictional wetlands that are located landward of the normal waterline. "c. Stormwater Discharges Prohibited. - All development activities, including both low- and high-density projects, shall prohibit new points of stormwater discharge to Class SA waters or an increase in the volume of stormwater flow through conveyances or increase in capacity of conveyances of existing stormwater conveyance systems that drain to Class SA waters. Any modification or redesign of a stormwater conveyance system within the contributing drainage basin must not increase the net amount or rate of stormwater discharge through existing outfalls to Class SA waters. The following shall not be considered a direct point of stormwater discharge: "1. Infiltration of the stormwater runoff from the design storm as described in sub-sub-subdivision 3. of sub-subdivision b. of subdivision (1) of this subsection. "2. Diffuse flow of stormwater at a non-erosive velocity to a vegetated buffer or other natural area, that is capable of providing effective infiltration of the runoff from the design storm as described in sub-sub-subdivision 3. of sub-subdivision b. of subdivision (1) of this subsection. Notwithstanding the other requirements of this section, the infiltration mandated in this sub-sub-subdivision does not require a minimum separation from the seasonal high-water table. "3. The discharge from a wet detention pond that is treated by a secondary stormwater best management practice, provided that both the wet detention pond and the secondary stormwater best management practice meet the requirements of this sub-subdivision. "d. Limitation on the Density of Development. - Development shall be limited to a built upon area of twenty-five percent (25%) or less. "(2) Development Near Class SA Waters. - Development activities within one-half mile of and draining to those waters classified by the Commission as Class SA waters or within one-half mile of waters classified by the Commission as Class SA waters and draining to unnamed freshwater tributaries to Class SA waters shall meet the requirements of sub-subdivisions a., b., and c. of subdivision (1) of this subsection. The extent of Class SA waters is limited to those waters that are determined to be at least an intermittent stream based on a site stream determination made in accordance with the procedures that are delineated in the Division of Water Quality's 'Identification Methods for the Origin of Intermittent and Perennial Streams' prepared pursuant to Session Law 2001-404. "(3) Other Coastal Development. - Development activities within the Coastal Counties except those areas described in subdivisions (1) and (2) of this subsection shall meet all of the following requirements: "a. Low-Density Option: Development shall be permitted pursuant to 15A NCAC 02H.1003(d)(1) if the development meets all of the following requirements: "1. The development has a built upon area of twenty-four percent (24%) or less. A development project with an overall density at or below the low-density threshold, but containing areas with a density greater than the overall project density, shall be considered low density as long as the project meets or exceeds the requirements for low-density development and locates the higher density in upland areas and away from surface waters and drainageways to the maximum extent practicable. "2. Stormwater runoff from the development is transported primarily by vegetated conveyances. As used in this sub-sub-subdivision, 'conveyance system' shall not include a stormwater collection system. Stormwater runoff from built upon areas that is directed to flow through any wetlands shall flow into and through these wetlands at a non-erosive velocity. "3. The development contains a 50-foot-wide vegetative buffer for new development activities and a 30-foot-wide vegetative buffer for redevelopment activities. The width of a buffer is measured horizontally from the normal pool elevation of impounded structures, from the bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline. The vegetative buffer may be cleared or graded, but must be planted with, and maintained in, grass or any other vegetative or plant material. The Division of Water Resources may, on a case-by-case basis, grant a minor variance from the vegetative buffer requirements of this section pursuant to the procedures set out in 15A NCAC 02B.0233(9)(b). Vegetative buffers and filters required by this section and any other buffers or filters required by State water quality or coastal management rules or local government requirements may be met concurrently and may contain, in whole or in part, coastal, isolated, or 404 jurisdictional wetlands that are located landward of the normal waterline. "b. High-Density Option: Higher density developments shall be permitted pursuant to 15A NCAC 02H.1003(d)(2) if the development meets all of the following requirements: "1. The development has a built upon area of greater than twenty-four percent (24%). "2. The development uses control systems that are any combination of infiltration systems, wet detention ponds, bioretention systems, constructed stormwater wetlands, sand filters, rain barrels, cisterns, rain gardens or alternative stormwater management systems designed in accordance with 15A NCAC 02H.1008. "3. Control systems must be designed to store, control, and treat the stormwater runoff from all surfaces generated by one and one-half inch of rainfall. "4. Stormwater runoff from built upon areas that is directed to flow through any wetlands shall flow into and through these wetlands at a non-erosive velocity. "5. A 50-foot-wide vegetative buffer for new development activities and a 30-foot-wide vegetative buffer for redevelopment activities. The width of a buffer is measured horizontally from the normal pool elevation of impounded structures, from the bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline. The vegetative buffer may be cleared or graded, but must be planted with, and maintained in, grass or any other vegetative or plant material. Furthermore, stormwater control best management practices (BMPs), or stormwater control structures, with the exception of wet detention ponds, may be located within this vegetative buffer. The Division of Water Resources may, on a case by case basis, grant a minor variance from the vegetative buffer requirements of this section pursuant to the procedures set out in 15A NCAC 02B.0233(9)(b). Vegetative buffers and filters required by this section and any other buffers or filters required by State water quality or coastal management rules or local government requirements may be met concurrently and may contain, in whole or in part, coastal, isolated, or 404 jurisdictional wetlands that are located landward of the normal waterline. "(4) Requirements for Structural Stormwater Controls. - Structural stormwater controls required under this section shall meet all of the following requirements: "a. Remove an eighty-five percent (85%) average annual amount of Total Suspended Solids. "b. For detention ponds, draw down the treatment volume no faster than 48 hours, but no slower than 120 hours. "c. Discharge the storage volume at a rate equal to or less than the predevelopment discharge rate for the one-year, 24-hour storm. "d. Meet the General Engineering Design Criteria set forth in 15A NCAC 02H.1008(c). "e. For structural stormwater controls that are required under this section and that require separation from the seasonal high-water table, a minimum separation of two feet is required. Where a separation of two feet from the seasonal highwater table is not practicable, the Division of Water Resources may grant relief from the separation requirement pursuant to the Alternative Design Criteria set out in 15A NCAC 02H.1008(h). No minimum separation from the seasonal highwater table is required for a secondary stormwater best management practice that is used in a series with another stormwater best management practice. "(5) Certain Wetlands Excluded From Density Calculation. - For the purposes of this section, areas defined as Coastal Wetlands under 15A NCAC 07H.0205, as measured landward from the normal high waterline, shall not be included in the overall project area to calculate impervious surface density. Wetlands that are not regulated as coastal wetlands pursuant to 15A NCAC 07H.0205 and that are located landward of the normal high waterline may be included in the overall project area to calculate impervious surface density. "2.(c) Requirements for Limited Residential Development in Coastal Counties. - For residential development activities within the 20 Coastal Counties that are located within one-half mile and draining to Class SA waters, that have a built upon area greater than twelve percent (12%), that do not require a stormwater management permit under subsection (b) of this section, and that will add more than 10,000 square feet of built upon area, a one-time, nonrenewable stormwater management permit shall be obtained. The permit shall require recorded deed restrictions or protective covenants to be recorded on the property in the Office of the Register of Deeds in the county where the property is located prior to the issuance of a certificate of occupancy in order to ensure that the plans and specifications approved in the permit are maintained. Under this permit, stormwater runoff shall be managed using any one or combination of the following practices: "(1) Install rain cisterns or rain barrels designed to collect all rooftop runoff from the first one and one-half inches of rain. Rain barrels and cisterns shall be installed in such a manner as to facilitate the reuse of the collected rain water on site and shall be installed in such a manner that any overflow from these devices is directed to a vegetated area in a diffuse flow. Construct all uncovered driveways, uncovered parking areas, uncovered walkways, and uncovered patios out of permeable pavement or other pervious materials. "(2) Direct rooftop runoff from the first one and one-half inches of rain to an appropriately sized and designed rain garden. Construct all uncovered driveways, uncovered parking areas, uncovered walkways, and uncovered patios out of permeable pavement or other pervious materials. "(3) Install any other stormwater best management practice that meets the requirements of 15A NCAC 02H.1008 to control and treat the stormwater runoff from all built upon areas of the site from the first one and one-half inches of rain. "2.(d) Exclusions. - The requirements of this section shall not apply to any of the following: "(1) Activities of the North Carolina Department of Transportation that are regulated in accordance with the provisions of the Department's National Pollutant Discharge Elimination System (NPDES) Stormwater Permit. "(2) Development activities that are conducted pursuant to and consistent with one of the following authorizations, or any timely renewal thereof, shall be regulated by those provisions and requirements of 15A NCAC 02H.1005 that were effective at the time of the original issuance of the following authorizations: "a. State Stormwater Permit issued under the provisions of 15A NCAC 02H.1005. "b. Stormwater Certification issued pursuant to 15A NCAC 02H.1000 prior to 1 December 1995. "c. A Coastal Area Management Act Major Permit. "d. 401 Certification that contains an approved Stormwater Management Plan. "e. A building permit pursuant to G.S. 153A-357 or G.S. 160A-417. "f. A site-specific development plan as defined by G.S. 153A-344.1(b)(5) and G.S. 160A-385.1(b)(5). "g. A phased development plan approved pursuant to G.S. 153A-344.1 or G.S. 160A-385.1 that shows: "1. For the initial or first phase of development, the type and intensity of use for a specific parcel or parcels, including at a minimum, the boundaries of the project and a subdivision plan that has been approved pursuant to G.S. 153A-330 through G.S. 153A-335 or G.S. 160A-371 through G.S. 160A-376. "2. For any subsequent phase of development, sufficient detail so that implementation of the requirements of this section to that phase of development would require a material change in that phase of the plan. "h. A vested right to the development pursuant to common law. "(3) Redevelopment activities that result in no net increase in built upon area and provide stormwater control equal to the previous development. "(4) Development activities for which a complete Stormwater Permit Application has been accepted by the Division of Water Resources prior to the effective date of this act, shall be regulated by the provisions and requirements of 15A NCAC 02H.1005 that were effective at the time that this application was accepted as complete by the Division of Water Resources. For purposes of this subsection, a Stormwater Permit Application is deemed accepted as complete by the Division of Water Resources when the application is assigned a permit number in the Division's Basinwide Information Management System. "(5) Development activities for which only a minor modification of a State Stormwater Permit is required shall be regulated by the provisions and requirements of 15A NCAC 02H.1005 that were effective at the time of the original issuance of the State Stormwater Permit. For purposes of this subsection, a minor modification of a State Stormwater Permit is defined as a modification that does not increase the net area of built upon area within the project site or does not increase the overall size of the stormwater controls that have been previously approved for that development activity. "(6) Municipalities designated as a National Pollutant Discharge Elimination System (NPDES) Phase 2 municipality located within the 20 Coastal Counties until such time as the NPDES Phase 2 Stormwater Permit expires and is subject to renewal. Upon renewal of the NPDES Phase 2 Stormwater Permits for municipalities located within the 20 Coastal Counties, the Department shall review the permits to determine whether the permits should be amended to include the provisions of this section. "2.(e) Exemptions From Vegetative Buffer Requirements. - The following activities are exempt from the vegetative buffer requirements of this section: "(1) Development in urban waterfronts that meets the requirements of 15A NCAC 07H.0209(g), "(2) Development in a new urban waterfront area that meets the requirements of Session Law 2004-117, "(3) Those activities listed in 15A NCAC 07H.0209(d)(10)(A) through 15A NCAC 07H.0209(d)(10)(H), "(4) Those activities listed in 15A NCAC 07H.0209(d)(10)(A) through 15A NCAC 07H.0209(d)(10)(H), "2.(f) Compliance with Other Rules. - In addition to the requirements specified in this section, activities regulated under this section must also comply with any requirements of any other applicable law or rule. "3. Rescission of Phase 2 Designations. - All designations of local governments within the 20 Coastal Counties as Phase 2 municipalities by the Environmental Management Commission under Section 5 of Session Law 2006-246 that occurred after 16 August 2006 are rescinded. The provisions of this section do not preclude any future designations of these areas as Phase 2 municipalities by the Environmental Management Commission under Section 5 of Session Law 2006-246." Session Laws 2008-211, s. 4(a), effective August 9, 2008, provides: "4.(a) Additional Rule Making. - The Commission may adopt rules to replace the rules that are disapproved or superseded as provided in Section 1 of this act. If the Commission adopts rules pursuant to this section, notwithstanding G.S. 150B-19(4) , the rules shall be substantively identical to the provisions of Section 2 of this act. The Commission may reorganize or renumber any of the rules to which this section applies at its discretion. Rules adopted pursuant to this section are not subject to G.S. 150B-21.9 through G.S. 150B-21.14 . Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) ." Session Laws 2008-211, s. 4(b), as added by Session Laws 2008-198, s. 5, effective August 8, 2008, provides: "4.(b) Temporary Limitation on Additional Rule Making. - "(1) In order to provide sufficient time for full implementation of this act, to provide sufficient time for accumulation and evaluation of data as to the effect of implementation of this act on coastal water quality, to provide time for additional scientific study of factors that impact coastal water quality, to allow for the development of proposals for improvements to the provisions of Section 2 of this act based on careful consideration of the foregoing, and to provide a period of predictability for persons who may be affected by the provisions of Section 2 of this act; except as may be specifically required by federal law and except as provided in subsection (a) of this section; the Environmental Management Commission shall not begin a procedure to adopt any additional temporary or permanent rule governing the management of stormwater runoff in the Coastal Counties pursuant to subdivisions (1) and (3) of G.S. 143-214.7(b) prior to 1 October 2011. "(2) Before the Environmental Management Commission begins a procedure to adopt any additional temporary or permanent rule governing the management of stormwater runoff in the Coastal Counties pursuant to subdivisions (1) and (3) of G.S. 143-214.7(b) , the Environmental Management Commission shall submit a report to the Environmental Review Commission that details the effect of the implementation of Section 2 of this act on coastal water quality. The report shall include information on improvements in coastal water quality, remaining deficiencies in coastal water quality, and the measures that the Environmental Management Commission believes may be necessary to maintain and further improve coastal water quality. "(3) Any additional rules that the Environmental Management Commission may adopt governing the management of stormwater runoff in the Coastal Counties pursuant to subdivisions (1) and (3) of G.S. 143-214.7(b) shall not become effective prior to 1 October 2013. "(4) If the Environmental Management Commission adopts a temporary or permanent rule pursuant to the authority of any provision of State law other than subdivisions (1) and (3) of G.S. 143-214.7(b) that governs the management of stormwater runoff in the Coastal Counties, the provisions of that rule shall not apply within the Coastal Counties until 1 October 2011 except as may be specifically required by federal law and except as provided in subsection (a) of this section." Session Laws 2008-211, ss. 5, 7 and 8, effective August 9, 2008, provide: "5. Construction of Act. - "(1) Except as specifically provided in Section 4 of this act, nothing in this act shall be construed to limit, expand, or otherwise alter the authority of the Environmental Management Commission or any unit of local government. "(2) This act shall not be construed to affect any delegation of any power or duty by the Commission to the Department or subunit of the Department. "(3) As used in subsection (b) of Section 2 of this act, the phrase 'common plan of development' shall be interpreted and implemented in a manner consistent with the memorandum referenced as 'Guidance Interpreting Phase 2 Stormwater Requirements' from the Director of the Division of Water Quality of the Department of Environment and Natural Resources to Interested Parties dated 24 July 2006, and for these purposes the memorandum shall be considered a part of this act and as such shall be printed as a part of the Session Laws. "7. Provisions of Act Not Codified; Set Out As Note. - Notwithstanding G.S. 164-10 , the Revisor of Statutes shall not codify any of the provisions of this act. The Revisor of Statutes shall set out the text of this act as a note to G.S. 143-214.7 and may make notes concerning this act to other sections of the General Statutes as the Revisor of Statutes deems appropriate. "8. Effective Date. - Subsection (b) of Section 1 of this act and Sections 2 and 3 of this act become effective 1 October 2008. All other sections of this act are effective when this act becomes law [August 9, 2008]." Exception to Requirements Set Out Under the Heading Improvements in the Management of Stormwater in the Coastal Counties in order to Protect Water Quality - Supersession of Rule - Session Laws 2018-114, ss. 16(a)-(d), provides: "(a) Notwithstanding S.L. 2008-211 and rules adopted to implement the act, any subdivision meeting all of the following requirements shall be deemed to be in compliance with the impervious surface limitations of the act and its implementing rules: "(1) The subdivision's original declaration of covenants was recorded at least 20 years prior to the effective date of this act. "(2) The original developer of the subdivision transferred the stormwater permit to the homeowners association for the subdivision and, at the time of the transfer, the homeowners association had no notice from the original developer or any regulatory agency that the subdivision was not in compliance with the impervious surface limitations. "(b) This section applies only to impervious surface built prior to January 1, 2017. Any impervious surface built on or after January 1, 2017, shall be subject to S.L. 2008-211 and its implementing rules. "(c) Notwithstanding S.L. 2008-211 and rules adopted to implement the act, a regional water facility shall not be required to increase the size of its wet detention ponds or decrease the amount of development or impervious surface for which it has been permitted based on an incorrect calculation in its stormwater management permit. This section shall not apply to a regional water facility that intentionally provided inaccurate information upon which the incorrect calculation is based. "(d) This section is effective when it becomes law and applies to permits issued before and after that date." Management of Water Quality in the Jordan Watershed. - Session Laws 2009-216, s. 9, as amended by Session Laws 2009-484, s. 8, provides, in part, that the Revisor of Statutes shall set out the text of Session Laws 2009-216, ss. 3-6, as a note to G.S. 143-214.7 . Sections 1 and 3 through 8 of Session Laws 2009-216, as amended by Session Laws 2009-484, ss. 6(b), (c), 7, and 8, effective June 30, 2009, provide: "SECTION 1. Definitions. - The following definitions apply to this act and its implementation: "(1) The definitions set out in G.S. 143-212 and G.S. 143-213 . "(2) The definitions set out in 15A NCAC 02B.0262 (Jordan Water Supply Nutrient Strategy: Purpose and Scope) and 15A NCAC 02B.0263 (Jordan Water Supply Nutrient Strategy: Definitions). "(3) 'Existing Development Rule 15A NCAC 02B.0266' means 15A NCAC 02B.0266 (Jordan Water Supply Nutrient Strategy: Stormwater Management for Existing Development), adopted by the Commission on May 8, 2008, and approved by the Rules Review Commission on November 20, 2008. "(4) 'Wastewater Discharge Rule 15A NCAC 02B.0270' means 15A NCAC 02B.0270 (Jordan Water Supply Nutrient Strategy: Wastewater Discharge Requirements) adopted by the Commission on May 8, 2008, and approved by the Rules Review Commission on October 16, 2008. "SECTION 3.(a) Existing Development Rule 15A NCAC 02B.0266 Disapproved. - Pursuant to G.S. 150B-21.3(b1) , Existing Development Rule 15A NCAC 02B.0266, as adopted by the Environmental Management Commission on May 8, 2008, and approved by the Rules Review Commission on November 20, 2008, is disapproved. "(b) References in the North Carolina Administrative Code to the rule cited in Section 3(a) of this act shall be deemed to refer to the equivalent provisions of this act. "(c) Nutrient Monitoring. - The Department shall maintain an ongoing program to monitor water quality in each arm of Jordan Reservoir. The Department shall also accept water quality sampling data from a monitoring program implemented by a local government or nonprofit organization if the data meets quality assurance standards established by the Department. On March 1, 2014, the Department shall report the results of monitoring in each arm of Jordan Reservoir to the Environmental Review Commission. The Department shall submit an updated monitoring report under this section every three years thereafter until such time as the lake is no longer impaired by nutrient pollution. "(d) Control of Nutrient Loading From Existing Development. - The Department shall require implementation of reasonable nutrient load reduction measures for existing development in each subwatershed of the Jordan Reservoir, as provided in this act. The Department shall determine whether nutrient load reduction measures for existing development are necessary in each subwatershed of Jordan Reservoir and require implementation of reasonable nutrient reduction measures in accordance with an adaptive management program as follows: "(1) Stage 1 Adaptive Management Program to Control Nutrient Loading From Existing Development. - "a. Municipalities and counties located in whole or in part in the Jordan watershed shall implement a Stage 1 adaptive management program to control nutrient loading from existing development in the Jordan watershed. The Stage 1 adaptive management program shall meet the requirements set out in 40 C.F.R. § 122.34 as applied by the Department in the NPDES General Permit for municipal separate storm sewer systems in effect on July 1, 2009. The Stage 1 adaptive management program shall include all of the following measures: "1. A public education program to inform the public of the impacts of nutrient loading and measures that can be implemented to reduce nutrient loading from stormwater runoff from existing development. "2. A mapping program that includes major components of the municipal separate storm sewer system, including the location of major outfalls, as defined in 40 Code of Federal Regulations § 122.26(b)(5)(July 1, 2008) and the names and location of all waters of the United States that receive discharges from those outfalls, land use types, and location of sanitary sewers. "3. A program to identify and remove illegal discharges. "4. A program to identify opportunities for retrofits and other projects to reduce nutrient loading from existing developed lands. "5. A program to ensure maintenance of best management practices implemented by the local government. "b. The Department shall accept local government implementation of another stormwater program or programs meeting the standards set out in this section as satisfying one or more of the requirements set forth in sub-subdivision a. of this subdivision. The local government shall provide technical information sufficient to demonstrate the adequacy of the alternative program or program elements. "c. A Stage 1 adaptive management program to control nutrient loading from existing development shall be implemented as follows: 1. No later than December 31, 2009, each local government shall submit its Stage 1 adaptive management program to the Commission for review and approval. "2. Within six months following submission of a Stage 1 adaptive management program, the Department shall recommend that the Commission approve or disapprove the program. The Commission shall either approve the program or require changes based on the standards set out in sub-subdivision a. of this subdivision. If the Commission requires changes, the local government shall submit revisions responding to the required changes within two months and the Department shall provide follow-up recommendations to the Commission within two months after receiving revisions. "3. Within three months following Commission approval of a Stage 1 adaptive management program, the local government shall begin implementation of the program. Each local government shall report annually to the Department on implementation of its program. "(2) Stage 2 Adaptive Management Program to Control Nutrient Loading From Existing Development. - "a. If the March 1, 2014 monitoring report or any subsequent monitoring report for the Upper New Hope Creek Arm of Jordan Reservoir required under Section 3(c) of this act shows that nutrient-related water quality standards are not being achieved, a municipality or county located in whole or in part in the subwatershed of that arm of Jordan Reservoir shall develop and implement a Stage 2 adaptive management program to control nutrient loading from existing development within the subwatershed, as provided in this act. If the March 1, 2017 monitoring report or any subsequent monitoring report for the Haw River Arm or the Lower New Hope Creek Arm of Jordan Reservoir required under Section 3(c) of this act shows that nutrient-related water quality standards are not being achieved, a municipality or county located in whole or in part in the subwatershed of that arm of Jordan Reservoir shall develop and implement a Stage 2 adaptive management program to control nutrient loading from existing development within the subwatershed, as provided in this act. The Department shall defer development and implementation of Stage 2 adaptive management programs to control nutrient loading from existing development required in a subwatershed by this subdivision if it determines that additional reductions in nutrient loading from existing development in that subwatershed will not be necessary to achieve nutrient-related water quality standards. In making this determination, the Department shall consider the anticipated effect of measures implemented or scheduled to be implemented to reduce nutrient loading from sources in the subwatershed other than existing development. If any subsequent monitoring report for an arm of Jordan Reservoir required under Section 3(c) of this act shows that nutrient-related water quality standards have not been achieved, the Department shall notify the municipalities and counties located in whole or in part in the subwatershed of that arm of Jordan Reservoir and the municipalities and counties shall develop and implement a Stage 2 adaptive management program as provided in this subdivision. "b. The Department shall establish a load reduction goal for existing development for each municipality and county required to implement a Stage 2 adaptive management program to control nutrient loading from existing development. The load reduction goal shall be designed to achieve, relative to the baseline period 1997 through 2001, an eight percent (8%) reduction in nitrogen loading and a five percent (5%) reduction in phosphorus loading reaching Jordan Reservoir from existing developed lands within the police power jurisdiction of the local government. The baseline load shall be calculated by applying the Tar-Pamlico Nutrient Export Calculation Worksheet, Piedmont Version, dated October 2004, to acreages of different types of existing development within the police power jurisdiction of the local government during the baseline period. The baseline load may also be calculated using an equivalent or more accurate method acceptable to the Department and recommended by the Scientific Advisory Board established pursuant to Section 4(a) of this act. The baseline load for a municipality or county shall not include nutrient loading from lands under State or federal control or lands in agriculture or forestry. The load reduction goal shall be adjusted to account for nutrient loading increases from lands developed subsequent to the baseline period but prior to implementation of new development stormwater programs. "c. Based on findings under sub-subdivision a. of this subdivision, the Department shall notify the local governments in each subwatershed that either: "1. Implementation of a Stage 2 adaptive management program to control nutrient loading from existing development will be necessary to achieve water quality standards in an arm of the reservoir and direct the municipalities and counties in the subwatershed to develop a load reduction program in compliance with this section. "2. Implementation of a Stage 2 adaptive management program to control nutrient loading from existing development is not necessary at that time but will be reevaluated in three years based on the most recent water quality monitoring information. "d. A local government receiving notice of the requirement to develop and implement a Stage 2 adaptive management program to control nutrient loading from existing development under this section shall not be required to submit a program if the local government demonstrates that it has already achieved the reductions in nutrient loadings required by sub-subdivision b. of this subdivision. "e. Within six months after receiving notice to develop and implement a Stage 2 adaptive management program to control nutrient loading from existing development, each local government shall submit to the Commission a program that is designed to achieve the reductions in nutrient loadings established by the Department pursuant to sub-subdivision b. of this subdivision. A local government program may include nutrient management strategies that are not included in the model program developed pursuant to Section 3(e) of this act in addition to or in place of any component of the model program. In addition, a local government may satisfy the requirements of this subdivision through reductions in nutrient loadings from other sources in the same subwatershed to the extent those reductions go beyond measures otherwise required by statute or rule. A local government may also work with other local governments within the same subwatershed to collectively meet the required reductions in nutrient loadings from existing development within their combined jurisdictions. Any credit for reductions achieved or obtained outside of the police power jurisdiction of a local government shall be adjusted based on transport factors established by the Department document Nitrogen and Phosphorus Delivery from Small Watersheds to Jordan Lake, dated June 30, 2002. "f. Within six months following submission of a local government's Stage 2 adaptive management program to control nutrient loading from existing development, the Department shall recommend that the Commission approve or disapprove the program. The Commission shall approve the program if it meets the requirements of this subdivision, unless the Commission finds that the local government can, through the implementation of reasonable and cost-effective measures not included in the proposed program, meet the reductions in nutrient loading established by the Department pursuant to sub-subdivision b. of this subdivision by a date earlier than that proposed by the local government. If the Commission finds that there are additional or alternative reasonable and cost-effective measures, the Commission may require the local government to modify its proposed program to include such measures to achieve the required reductions by the earlier date. If the Commission requires such modifications, the local government shall submit a modified program within two months. The Department shall recommend that the Commission approve or disapprove the modified program within three months after receiving the local government's modified program. In determining whether additional or alternative load reduction measures are reasonable and cost effective, the Commission shall consider factors including, but not limited to, the increase in the per capita cost of a local government's stormwater management program that would be required to implement such measures and the cost per pound of nitrogen and phosphorus removed by such measures. The Commission shall not require additional or alternative measures that would require a local government to: "1. Install or require installation of a new stormwater collection system in an area of existing development unless the area is being redeveloped. "2. Acquire developed private property. "3. Reduce or require the reduction of impervious surfaces within an area of existing development unless the area is being redeveloped. "g. Within three months after the Commission's approval of a Stage 2 adaptive management program to control nutrient loading from existing development, the local government shall complete adoption and begin implementation of its program. "h. Each local government implementing a Stage 2 adaptive management program to control nutrient loading from existing development shall submit an annual report to the Department summarizing its activities in implementing its program. "i. If at any time the Department finds, based on water quality monitoring, that an arm of the Jordan Reservoir has achieved compliance with water quality standards, the Department shall notify the local governments in the subwatershed. Subject to the approval of the Commission, a local government may modify its Stage 2 adaptive management program to control nutrient loading from existing development to maintain only those measures necessary to prevent increases in nutrient loading from existing development. "(e) Model Stage 2 Adaptive Management Program to Control Nutrient Loading From Existing Development. - No later than July 1, 2013, the Department shall submit a model Stage 2 adaptive management program to control nutrient loading from existing development to the Commission for approval. The model program shall identify specific load reduction practices and programs and reduction credits associated with each practice or program and shall provide that a local government may obtain additional or alternative load-reduction credits based on site-specific monitoring data. In developing the model program, the Department shall consider the findings and recommendations of the Scientific Advisory Board established pursuant to Section 4(a) of this act and comments submitted by municipalities and counties identified in 15A NCAC 02B.0262(7)(Jordan Water Supply Nutrient Strategy: Purpose and Scope). The Commission shall review the model program and either approve the program or return it to the Department with requested changes. The Department shall revise the model program to address changes requested by the Commission. The Commission shall approve a final model program no later than December 31, 2013. "(f) Additional Measures to Reduce Nitrogen Loading From Existing Development in the Upper New Hope Creek Arm of the Jordan Reservoir. - If the March 1, 2023, monitoring report or any subsequent monitoring report for the Upper New Hope Creek Arm of Jordan Reservoir shows that nutrient-related water quality standards are not being achieved, a municipality or county located in whole or in part in the Upper New Hope Creek Subwatershed shall modify its Stage 2 adaptive management program to control nutrient loading from existing development to achieve additional reductions in nitrogen loading from existing development. The modified Stage 2 adaptive management program shall be designed to achieve a total reduction in nitrogen loading from existing development of thirty-five percent (35%) relative to the baseline period 1997 through 2001. The Department shall notify local governments of the requirement to submit a modified Stage 2 adaptive management program. Submission, review and approval, and implementation of a modified Stage 2 adaptive management program shall follow the process, timeline, and standards set out in sub-subdivisions e. through g. of subdivision (2) of Section 3(d) of this act. "(g) Enforcement. - The Department shall enforce the provisions of this act as provided in G.S. 143-215.6 A, 143-215.6B, and 143-215.6C. "(h) Collective Compliance. - Local governments that are subject to regulation under this act may establish collective programs to comply with the requirements of this act. "(i) Report. - The Department shall report annually to the Commission regarding the implementation of adaptive management programs to control nutrient loading from existing development in the Jordan watershed. "(j) Additional Rule-Making Authority. - The Commission shall adopt a rule to replace Sections 3(c) through 3(i) of this act. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Sections 3(c) through 3(f) of this act. Rules adopted pursuant to this section are not subject to G.S. 150B-21.9 through G.S. 150B-21.14 . Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) . "(k) Sections 3(c) through 3(i) of this act expire on the date that rules adopted pursuant to Section 3(j) of this act become effective. "( l ) No Change to Existing Regulatory Authority. - Nothing in this act shall be construed to limit, expand, or modify the authority of the Commission to undertake alternative regulatory actions otherwise authorized by State or federal law, including, but not limited to, the reclassification of waters of the State pursuant to G.S. 143-214.1 , the revision of water quality standards pursuant to G.S. 143-214.3 , and the granting of variances pursuant to G.S. 143-215.3 ." "SECTION 4.(a) Scientific Advisory Board for Nutrient-Impaired Waters Established. - No later than July 1, 2010, the Secretary shall establish a Nutrient Sensitive Waters Scientific Advisory Board. The Scientific Advisory Board shall consist of no fewer than five and no more than 10 members with the following expertise or experience: "(1) Representatives of one or more local governments in the Jordan Reservoir watershed. Local government representatives shall have experience in stormwater management, flood control, or management of a water or wastewater utility. "(2) One member with at least 10 years of professional or academic experience relevant to the management of nutrients in impaired water bodies and possessing a graduate degree in a related scientific discipline, such as aquatic science, biology, chemistry, geology, hydrology, environmental science, engineering, economics, or limnology. "(3) One professional engineer with expertise in stormwater management, hydrology, or flood control. "(4) One representative of the Department of Transportation with expertise in stormwater management. "(5) One representative of a conservation organization with expertise in stormwater management, urban landscape design, nutrient reduction, or water quality. "(b) Duties. - No later than July 1, 2012, the Scientific Advisory Board shall do all of the following: "(1) Identify management strategies that can be used by local governments to reduce nutrient loading from existing development. "(2) Evaluate the feasibility, costs, and benefits of implementing the identified management strategies. "(3) Develop an accounting system for assignment of nutrient reduction credits for the identified management strategies. "(4) Identify the need for any improvements or refinements to modeling and other analytical tools used to evaluate water quality in nutrient-impaired waters and nutrient management strategies. "(c) Report; Miscellaneous Provisions. - The Scientific Advisory Board shall also advise the Secretary on any other issue related to management and restoration of nutrient-impaired water bodies. The Scientific Advisory Board shall submit an annual report to the Secretary no later than July 1 of each year concerning its activities, findings, and recommendations. Members of the Scientific Advisory Board shall be reimbursed for reasonable travel expenses to attend meetings convened by the Department for the purposes set out in this section. "SECTION 5.(a) Definition. - As used in this section, "New Development Rule 15A NCAC 02B.0265" means 15A NCAC 02B.0265 (Jordan Water Supply Nutrient Strategy: Stormwater Management for New Development) adopted by the Commission on May 8, 2008, and approved by the Rules Review Commission on November 20, 2008. "(b) New Development Rule 15A NCAC 02B.0265. - Until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to Section 5(d) of this act, the Commission and the Department shall implement New Development Rule 15A NCAC 02B.0265, as provided in Section 5(c) of this act. "(c) Implementation. - Notwithstanding sub-subdivision (vii) of sub-subdivision (a) of subdivision (3) of New Development Rule 15A NCAC 02B.0265, New Development Rule 15A NCAC 02B.0265 shall be implemented as follows: "(1) New development that would exceed the nitrogen or phosphorus loading rate targets set out in sub-subdivision (i) of sub-subdivision (a) of subdivision (3) of New Development Rule 15A NCAC 02B.0265 without the use of engineered stormwater controls and that is not subject to more stringent stormwater requirements under S.L. 2006-246 or rules adopted pursuant to G.S. 143-214.5 shall have engineered stormwater controls that meet the design requirements set out in sub-subdivision (iv) of sub-subdivision (a) of subdivision (3) of New Development Rule 15A NCAC 02B.0265 and achieve eighty-five percent (85%) removal of total suspended solids. "(2) A developer may offset part of the nitrogen and phosphorus load from a new development by implementing or funding off-site management measures in accordance with this subdivision. New development shall comply with requirements for engineered stormwater controls as set out in this act and in New Development Stormwater Rule 15A NCAC 02B.0265. On-site stormwater controls shall achieve a maximum nitrogen loading rate that does not exceed six pounds per acre per year for single-family detached and duplex residential development and 10 pounds per acre per year for other development, including multifamily residential, commercial, and industrial. Off-site management measures may be used to offset the difference between the nitrogen and phosphorus loading rates achieved through compliance with the stormwater control requirements of this act and the loading rate targets set out in sub-subdivision (i) of sub-subdivision (a) of subdivision (3) of New Development Rule 15A NCAC 02B.0265. Off-site offsetting measures shall achieve at least the reduction in nitrogen and phosphorus loading equivalent to the remaining reduction needed to comply with the loading rate targets set out in sub-subdivision (i) of sub-subdivision (a) of subdivision (3) of New Development Rule 15A NCAC 02B.0265. A developer may make offset payments to the North Carolina Ecosystem Enhancement Program contingent upon acceptance of payments by that Program. A developer may use an offset option provided by the local government in which the development activity occurs. A developer may propose other offset measures to the local government, including providing his or her own off-site offset or utilizing a private seller. All offset measures identified above shall meet the requirements of subdivisions (2) through (4) of 15A NCAC 02B.0273. "(d) Additional Rule-Making Authority. - The Commission shall adopt a rule to replace New Development Rule 15A NCAC 02B.0265. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 5(c) of this act. Rules adopted pursuant to this section are not subject to G.S. 150B-21.9 through G.S. 150B-21.14 . Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) . "(e) Sunset. - Section 5(c) of this act expires on the date that rules adopted pursuant to Section 5(d) of this act become effective. "SECTION 6.(a) Definitions. - The following definitions apply to this section and its implementation: "(1) The definitions set out in G.S. 143-212 and G.S. 143-213 . "(2) The definitions set out in 15A NCAC 02B.0262 (Jordan Water Supply Nutrient Strategy: Purpose and Scope) and 15A NCAC 02B.0263 (Jordan Water Supply Nutrient Strategy: Definitions). "(3) 'State and Federal Rule 15A NCAC 02B.0271' means 15A NCAC 02B.0271 (Jordan Water Supply Nutrient Strategy: Stormwater Requirements for State and Federal Entities), adopted by the Commission on May 8, 2008, and approved by the Rules Review Commission on October 16, 2008. "(4) 'Riparian Buffer Rule 15A NCAC 02B.0267' means 15A NCAC 02B.0267 (Jordan Water Supply Nutrient Strategy: Protection of Existing Riparian Buffers), adopted by the Commission on May 8, 2008, and approved by the Rules Review Commission on November 20, 2008. "(b) State and Federal Rule 15A NCAC 02B.0271. - Until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to Section 6(d) of this act, the Commission and the Department shall implement the State and Federal Rule 15A NCAC 02B.0271, as provided in Section 6(c) of this act. "(c) Implementation. - Notwithstanding State and Federal Rule 15A NCAC 02B.0271, the Commission shall implement the State and Federal Rule 15A NCAC 02B.0271 as follows: "(1) The load reduction goal for existing North Carolina Department of Transportation roadway and nonroadway development shall be established as provided in this subdivision. The load reduction goal shall be designed to achieve, relative to the baseline period 1997 through 2001, an eight percent (8%) reduction in nitrogen loading and a five percent (5%) reduction in phosphorus loading reaching Jordan Reservoir from existing roadway and nonroadway development in the Upper New Hope and Haw subwatersheds. The load reduction goal for the Lower New Hope arm shall be designed to maintain no increases in nitrogen and phosphorus loads from existing roadway and nonroadway development relative to the baseline period 1997 through 2001. Load reduction goals for each subwatershed shall be calculated from baseline loads for existing North Carolina Department of Transportation development present during the baseline period. Baseline loads shall be established for roadways and industrial facilities using stormwater runoff nutrient load characterization data collected through the National Pollutant Discharge Elimination System (NPDES) Research Program under NCS0000250 Permit Part II Section G. Baseline loads for other nonroadway development shall be calculated by applying the Tar-Pamlico Nutrient Export Calculation Worksheet, Piedmont Version, dated October 2004, to acreages of nonroadway development under the control of North Carolina Department of Transportation during the baseline period. The baseline load for other nonroadway development may also be calculated using an equivalent or more accurate method acceptable to the Department and recommended by the Scientific Advisory Board established pursuant to Section 4(a) of S.L. 2009-216. The load reduction goal shall be adjusted to account for nutrient loading increases from existing roadway and nonroadway development subsequent to the baseline period but prior to implementation of new development stormwater programs pursuant to 15A NCAC 02B.0271(4)(c). "(2) Sub-subdivision (b) of subdivision (3) and sub-subdivision (d) of subdivision (4) of State and Federal Rule 15A NCAC 02B.0271 shall be implemented as follows: "a. If the March 1, 2014, monitoring report or any subsequent monitoring report for the Upper New Hope Creek Arm of Jordan Reservoir required under Section 3(c) of S.L. 2009-216 shows that nutrient-related water quality standards are not being achieved, State and federal entities shall develop and implement a program to control nutrient loading from existing development within the subwatershed, as provided in this section and State and Federal Rule 15A NCAC 02B.0271. If the March 1, 2017, monitoring report or any subsequent monitoring report for the Haw River Arm or the Lower New Hope Creek Arm of Jordan Reservoir required under Section 3(c) of S.L. 2009-216 shows that nutrient-related water quality standards are not being achieved, State and federal entities shall develop and implement a program to control nutrient loading from existing development within the subwatershed, as provided in this section and State and Federal Rule 15A NCAC 02B.0271. The Department shall defer development and implementation of a program to control nutrient loading from existing development required in a subwatershed by this sub-subdivision if it determines that additional reductions in nutrient loading from existing development in that subwatershed will not be necessary to achieve nutrient-related water quality standards. In making this determination, the Department shall consider the anticipated effect of measures implemented or scheduled to be implemented to reduce nutrient loading from sources in the subwatershed other than existing development. If any subsequent monitoring report for an arm of Jordan Reservoir required under Section 3(c) of S.L. 2009-216 shows that nutrient-related water quality standards have not been achieved, the Department shall notify each State and federal entity, and each entity shall develop and implement a program to control nutrient loading from existing development as provided in this section and State and Federal Rule 15A NCAC 02B.0271. "b. If the Commission requires additional reductions in nutrient loading from local governments pursuant to Section 3(f) of S.L. 2009-216, the Commission shall require State and federal entities to modify their nutrient reduction programs for the Upper New Hope Creek subwatershed to achieve a total reduction in nitrogen loading from existing roadway and nonroadway development in nitrogen loading from existing development of thirty-five percent (35%) relative to the baseline period 1997-2001. "(3) Notwithstanding sub-subdivision (d) of subdivision (4) of State and Federal Rule 15A NCAC 02B.0271, the North Carolina Department of Transportation may achieve the nutrient load reduction goal in subdivision (1) of this section for existing roadway and nonroadway development under its control by development of a load reduction program that addresses both roadway and nonroadway development in the watershed for each arm of Jordan Reservoir. A combined program to address roadway and nonroadway development may include stormwater retrofits and other load-reducing measures in the watershed including, but not limited to, illicit discharge removal; street sweeping; source control activities such as pet waste reduction and fertilizer management at NCDOT facilities; improvement of existing stormwater structures; alternative stormwater practices such as use of rain barrels and cisterns; stormwater capture and reuse; and purchase of nutrient reduction credits. NCDOT may meet minimum implementation rate and schedule requirements by implementing a combination of three stormwater retrofits per year for existing roadway development in the Jordan Lake watershed and other load-reducing measures identified in the program to control nutrient loading from existing development developed pursuant to State and Federal Entities Rule 15A NCAC 02B.0271 and this act and approved by the Commission. "(d) Additional Rule-Making Authority. - The Commission shall adopt a rule to replace State and Federal Rule 15A NCAC 02B.0271. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 6(c) of this act. Rules adopted pursuant to this section are not subject to G.S. 150B-21.9 through G.S. 150B-21.14 . Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) . "(e) Sunset. - Section 6(c) of this act expires on the date that rules adopted pursuant to Section 6(d) of this act become effective. "(f) Riparian Buffer Rule 15A NCAC 02B.0267. - Until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to Section 6(h) of this act, the Commission and the Department shall implement the Riparian Buffer Rule 15A NCAC 02B.0267, as provided in Section 6(g) of this act. "(g) Implementation. - Notwithstanding Riparian Buffer Rule 15A NCAC 02B.0267, the Commission shall implement Riparian Buffer Rule 15A NCAC 02B.0267 as provided in this section. "(1) For purposes of implementing Riparian Buffer Rule 15A NCAC 02B.0267, the Commission may only use one of the following types of maps for purposes of identifying a water body subject to the riparian buffer protection requirements of Riparian Buffer Rule 15A NCAC 02B.0267: "a. The most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United State Department of Agriculture. "b. The most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geological Survey. "c. A map approved by the Geographic Information Coordinating Council and by the Commission. Prior to approving a map under this sub-subdivision, the Commission shall provide a 30-day public notice and opportunity for comment. "(2) Alternative maps approved by the Commission under subdivision (1) of this section shall not be used for buffer delineation on projects that are existing and ongoing within the meaning of subdivision (6) of Riparian Buffer Rule 15A NCAC 02B.0267. "(3) Sub-subdivision a. of subdivision (4) of Riparian Buffer Rule 15A NCAC 02B.0267 shall be interpreted to prohibit only those activities conducted outside the buffer that have the effect of altering the hydrology in violation of the diffuse flow requirements set out in subdivision (8) of Riparian Buffer Rule 15A NCAC 02B.0267. "(h) Additional Rule-Making Authority. - The Commission shall adopt a rule to replace Riparian Buffer Rule 15A NCAC 02B.0267. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 6(g) of this act. Rules adopted pursuant to this section are not subject to G.S. 150B-21.9 through G.S. 150B-21.14 . Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) . "(i) Sunset. - Section 6(g) of this act expires on the date that rules adopted pursuant to Section 6(h) of this act become effective. "SECTION 7. No Preemption. - A local government may adopt and implement a stormwater management program that contains provisions that are more restrictive than the standards set forth in Sections 2, 3, and 5 of this act or in any rules concerning stormwater management in the Jordan watershed adopted by the Commission. This section shall not be construed to authorize a local government to impose stormwater management requirements on lands in agriculture or forestry. "SECTION 8. Construction of Act. - "(1) Except as specifically provided in Sections 2(c), 3(j), 5(d), and 6(h) of this act, nothing in this act shall be construed to limit, expand, or otherwise alter the authority of the Commission or any unit of local government. "(2) This act shall not be construed to affect any delegation of any power or duty by the Commission to the Department or subunit of the Department." Session Laws 2012-187, s. 12.1, effective July 16, 2012, provides: "Rules adopted by the Environmental Management Commission pursuant to S.L. 2009-216 and S.L. 2009-486 to implement nutrient management strategies for the B. Everett Jordan Reservoir and the Falls of the Neuse Reservoir watersheds shall not be interpreted to apply surface water quality standards set out in 15A NCAC 2B .0218(3)(e) through (3)(h) to waters designated in the nutrient management rules as WS-V except where: (i) the designation of WS-V is associated with a water supply intake used by an industry to supply drinking water for their employees; or (ii) standards set out in 15A NCAC 02B .0218(3)(e) through (3)(h) are violated at the upstream boundary of waters within those watersheds that are classified as WS-II, WS-III, or WS-IV. This section shall not be construed to alter the nutrient reduction requirements set out in 15A NCAC 2B .0262(5) or 15A NCAC 2B .0275(3)." Minimum Design Criteria for Permits Issued by Stormwater Runoff Permitting Program. - For development of Minimum Design Criteria for permits issued by the stormwater runoff permitting programs authorized by G.S. 143-214.7 , pursuant to Session Laws 2013-82, s. 1, see the editor's note under G.S. 143-214.7 B. Delay Jordan Lake Rules and Jordan Lake Session Laws. - The preamble to Session Laws 2013-395, provides: "Whereas, the United States Congress authorized the United States Army Corps of Engineers (USACE) to create what is now the B. Everett Jordan Lake in 1963; and "Whereas, the USACE submitted a Final Environmental Impact Statement (EIS) in November 1971 that stated, 'Of primary concern is the eutrophic tendency of the lake. Eutrophication is a term used to describe the natural change in productivity of a lake during aging. It is usually a long-term phenomenon, which may be measured in geologic time .... Studies have shown that, assuming that all other elements necessary are available, the amounts of nitrogen and phosphorus presently found in the influent are adequate to produce algae blooms in the lake.'; and "Whereas, the USACE stated in the EIS, 'Several studies have indicated that the major water quality problem will be associated with anticipated nuisance algal growths resulting from excess nutrients from upstream sources.'; and "Whereas, the United States Environmental Protection Agency (EPA) commented in the EIS, 'Nutrient concentration in both the Haw River and New Hope River are high, and nuisance algal growth detrimental to water supply and recreation are a virtual certainty .... Impoundment should not take place until there is a strong technical basis for the prediction that nuisance algal growths will not occur.'; and "Whereas, the USACE, in responding to the EPA's comments in the EIS, stated, '… it is doubtful whether a strong technical basis exists for the prediction that nuisance algal growths will not occur on most existing reservoirs ….'; and "Whereas, the United States Department of the Interior Bureau of Sport Fisheries and Wildlife commented in the EIS that, 'High nutrient concentrations will intensify and extend water quality problems into the upper surface layers. Therefore, impoundment will create a pollution problem to the detriment of the ecosystem.'; and "Whereas, the EIS contained a summary of complaints from pending litigation that included, 'Even in the absence of nutrients from wastes, the shallowness … would ensure abnormally heavy algae growths that could not be controlled …. Probably the most serious deficiency of defendants' environmental statement is its de-emphasis on the certainty that the water … will be of exceptionally bad quality.'; and "Whereas, despite the many inherent challenges of managing the water quality of Jordan Lake, the General Assembly remains committed to addressing issues that affect the water quality of the Lake; and "Whereas, it is the intent of the General Assembly to continue implementation of current measures to address water quality issues in Jordan Lake; and "Whereas, it is the intent of the General Assembly to temporarily delay additional implementation of measures to address water quality issues in Jordan Lake in order to allow for further evaluation of those measures and further exploration of other measures and technologies to improve the water quality of the Lake; Now, therefore" Session Laws 2013-395, s. 1(a), (b), provides: "(a) For purposes of this act, the following definitions apply: "(1) 'Jordan Lake Rules' means all of the following rules: "a. 15A NCAC 02B.0262 (Jordan Water Supply Nutrient Strategy: Purpose and Scope) "b. 15A NCAC 02B.0263 (Jordan Water Supply Nutrient Strategy: Definitions) "c. 15A NCAC 02B.0264 (Jordan Water Supply Nutrient Strategy: Agriculture) "d. 15A NCAC 02B.0265 (Jordan Water Supply Nutrient Strategy: Stormwater Management for New Development) "e. 15A NCAC 02B.0266 (Jordan Water Supply Nutrient Strategy: Stormwater Management for Existing Development) "f. 15A NCAC 02B.0267 (Jordan Water Supply Nutrient Strategy: Protection of Existing Riparian Buffers) "g. 15A NCAC 02B.0270 (Jordan Water Supply Nutrient Strategy: Wastewater Discharge Requirements) "h. 15A NCAC 02B.0271 (Jordan Water Supply Nutrient Strategy: Stormwater Requirements for State and Federal Entities) "i. 15A NCAC 02B.0272 (Jordan Water Supply Nutrient Strategy: Fertilizer Management) "j. 15A NCAC 02B.0311 (Cape Fear River Basin) "(2) 'Jordan Lake Session Laws' means all of the following Session Laws or portions of Session Laws: "a. S.L. 2009-216. "b. Part II of S.L. 2009-484. "c. Section 14 of S.L. 2011-394. "d. Section 12.1 of S.L. 2012-187. "e. Subsections 9(c) through 9(g) of S.L. 2012-200. "f. Subsections 11(a) through 11(e) of S.L. 2012-201. "(b) The implementation dates of the Jordan Lake Rules and Jordan Lake Session Laws that begin July 1, 2013, or later shall be delayed for a period of three years." For provisions pertaining to the Jordan Lake Riparian Buffer Rules, see note for Session Laws 2013-395, s. 1(a)-(e), under G.S. 143-214.20 . Local Stormwater Management Programs under the Jordan Lake New Development Rule. - Session Laws 2012-200. s. 9(c)-(g), provides: "(c) Definition. - As used in this act, 'New Development Rule 15A NCAC 02B .0265' means 15A NCAC 02B .0265 (Jordan Water Supply Nutrient Strategy: Stormwater Management for New Development) adopted by the Commission on May 8, 2008, and approved by the Rules Review Commission on November 20, 2008. "(d) New Development Rule 15A NCAC 02B .0265. - Until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to subsection (f) of this section, the Commission and the Department shall implement New Development Rule 15A NCAC 02B .0265, as provided in subsection (e) of this section. "(e) Implementation. - Notwithstanding sub-subdivision (d) of subdivision (4) of New Development Rule 15A NCAC 02B .0265, by August 10, 2014, within three months after the Commission's approval of a local program, or upon the Division's first renewal of a local government's NPDES stormwater permit, whichever occurs later, the affected local government shall complete adoption of and implement its local stormwater management program. "(f) Additional Rule-Making Authority. - The Commission shall adopt a rule to replace New Development Rule 15A NCAC 02B .0265. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (e) of this section. Rules adopted pursuant to this section are not subject to G.S. 150B-21.8 through G.S. 150B-21.14 . Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) . "(g) Sunset. - Subsection (e) of this section expires on the date that rules adopted pursuant to subsection (f) of this section become effective." Session Laws 2012-201, s. 11 enacts substantially duplicate provisions as Session Laws 2012-200, s. 9(c)-(g). Jordan Lake Water Quality Improvement Demonstration Project. - Session Laws 2013-360, s. 14.3A(a)-(c), provides: "(a) Jordan Lake Nutrient Mitigation Demonstration Project. - The Department of Environment and Natural Resources shall establish a twenty-four-month demonstration project for the management of nutrients in Jordan Lake. The demonstration project shall specifically focus on preventing and reducing harmful algal blooms and excessive chlorophyll as well providing other nutrient mitigation measures in the Haw River arm and the Morgan Creek arm of Jordan Lake. In conducting the demonstration project, the Department shall enter into a contract with a third party that can deploy floating arrays of in-lake, long-distance circulators to reduce or prevent the adverse impacts of excessive nutrient loads, such as algal blooms, taste and odor problems in drinking water, and low levels of dissolved oxygen. At a minimum, the in-lake mechanical system chosen must meet the following criteria: "(1) Floating equipment shall be capable of continuous operation on solar power only during day, night, and extended overcast conditions 365 days per year. Continuous operation shall be defined as operating a minimum of ninety-seven percent (97%) of the total hours during the course of one year on solar power without reliance on any connection to the alternating current power grid. "(2) Achieve a total flow rate through the impellers on a continuous basis for 24 hours per day of 72,000 gallons per minute in the Morgan Creek arm and 36,000 gallons per minute in the Haw River arm. "(3) The circulation equipment shall be constructed primarily of Type 316 stainless steel metal for strength and superior corrosion resistance. Each machine shall also undergo a passivation bath, also known as stainless steel pickling, to restore corrosion resistance to the welds and other areas of imperfection. "(4) The circulation equipment shall be mechanically operated by a motor that has the following characteristics: "a. Is brushless (brush motors requiring brush replacement are not acceptable). "b. Uses a direct drive with no gearbox to avoid lubrication maintenance. "c. Contains stainless steel bearings requiring no scheduled lubrication with a rated bearing life expectancy greater than 100,000 hours of continuous operation. "d. Is designed for a marine outdoor environment by having a sealed housing with polymeric encapsulated internal windings for superior corrosion resistance capable of withstanding environmental conditions of one hundred percent (100%) humidity, -40 degree to 140 degree Fahrenheit ambient temperature range, freeze resistance, condensation resistance, and splash resistance. "e. Has a 10 year or greater replacement warranty. "(5) The circulation equipment shall be supplied with a motor controller and power management with the following features: "a. An anti-jam reverse feature that is automated and self-clearing for a locked rotor triggered by high current occurrences caused by a jammed impeller. "b. Scheduled reverse cycles with daily reverse impeller cycling for self-clearing of impeller to minimize fouling. "c. Motor health status monitoring and recording that includes scheduled speed, commanded speed, actual speed, motor current, motor voltage, and motor controller errors. "d. Temperature-compensated charging so that battery charging parameters are automatically adjusted for optimum results based on battery temperature. "e. Power conservation and continued operation mode managed by a programmed algorithm for reducing motor load and continuing operation by incremental speed reduction that is automatically enabled when extended low-sunlight conditions occur or battery reserve power is reduced. "f. A NEMA 4 enclosure for protection against condensation and moisture in a marine environment with internal circuit boards that are conformal coated for added protection against moisture. "(6) The battery power storage shall be a single battery (unless multiple batteries are connected in series) to avoid charging problems and shall have the following characteristics: "a. A battery rating capacity, at a 24-hour discharge rate in watt hours, at least 50 times the motor load in watts during normal operation (full speed, peak load). "b. Is a submergible battery to avoid temperature extremes and extend battery life. "c. Complies with DOT HMR49 nonspillable battery requirements. "d. Is UL listed and compliant to UL 1989. "e. Is maintenance-free and does not require rewatering. "f. Has a temperature sensor that monitors battery housing temperature and not ambient temperature to optimize charging cycles and extend battery life. "g. Is encased in double wall plastic and mounted in a stainless steel cage for safety and battery protection purposes. "(7) The photovoltaic modules on the unit shall have the following characteristics: "a. Have a nominal wattage rating that is five times the normal operating wattage of the motor to ensure continuous operation of the motor and impeller in all seasons. "b. Are monocrystalline and not multicrystalline to ensure adequate power collection during low-sunlight conditions. "c. Are certified to UL 1703 Class C, IEC 61215, and IEC 60364 standards. "d. Have 25-year manufacturer performance warranties. "(8) The digital controller of the machine shall have the following features: "a. Flashing light-emitting diodes in the control box readily accessible by service personnel and providing continuous electrical diagnostics so the state of the power system can easily be determined. "b. Capability to store within controller memory a 30-day rolling log of all primary machine operation parameters. "(9) The machine shall have an adjustable horizontal water intake that is capable of being field adjusted to a set level below the water surface without requiring machine removal or reinstallation. The intake shall bring a one-foot thick horizontal layer of water into the machine and include a singular hose of adequate length to reach the required intake depth setting. The flow through the hose and intake shall not exceed one foot per second. "(10) The circulation equipment shall operate normally with the following maintenance features: "a. No scheduled lubrication requirements for any system component, including motor and motor bearings. "b. No brush replacement on motor, gearbox replacement, or motor replacement to be expected during a 25-year expected life of the circulation equipment. "c. No spare parts shall be required to be kept on hand. "d. The impeller assembly shall be removable without the use of tools. "e. The circulator equipment shall have a bird deterrent system to minimize bird roostings and droppings on photovoltaic modules. "(11) The flotation equipment shall have the following features and characteristics: "a. Adjustable float arms with a one-inch diameter shaft and turnbuckle to achieve optimal performance setting. The arms shall be a closed frame to minimize torsion forces on the circulation equipment and provide balanced flotation. "b. The flotation buoyancy shall be 1,350 pounds or more to support the weight of the assembled circulation equipment with a safety factor greater than 1.5. Each machine shall weigh approximately 850 pounds. "c. Flotation shall contain expanded polystyrene foam beads that are steamed together to minimize water adsorption. "d. The flotation shall not sink should the flotation encasement be punctured. Encasements shall be resistant to damage due to animals, ice, bumps by watercraft, and contact deterioration from petroleum products and should be suitable for marine use. "(12) The circulation equipment shall be capable of being held in position by either attachment to mooring blocks at the bottom of the reservoir or tethering to the shore. "Any contract entered into under this subsection shall not be subject to Article 3 or Article 8 of Chapter 143 of the General Statutes. Once installed, the Department shall monitor and evaluate the performance of the circulators in reducing the adverse impacts of harmful algal blooms and excessive chlorophyll and in providing other nutrient mitigation measures in the Haw River arm and the Morgan Creek arm of Jordan Lake and report the results of the monitoring and evaluation as provided in subsection (b) of this section. "(b) Report. - No later than October 1, 2015, the Department of Environment and Natural Resources shall submit an interim report on implementation of the demonstration project to the Environmental Review Commission and the Fiscal Research Division of the General Assembly. No later than April 1, 2016, the Department of Environment and Natural Resources shall submit a final report on implementation of the demonstration project to the Environmental Review Commission and the Fiscal Research Division of the General Assembly. "(c) Funding. - Of the funds appropriated by this act to the Clean Water Management Trust Fund, a total of one million three hundred fifty thousand dollars ($1,350,000) for fiscal year 2013-2014 and three hundred thousand dollars ($300,000) for fiscal year 2014-2015 shall be transferred to the Department of Environment and Natural Resources to be used to implement the Jordan Lake Water Quality Improvement Demonstration Project. In addition, the Department of Environment and Natural Resources shall contribute one hundred fifty thousand dollars ($150,000) for fiscal year 2014-2015 and one hundred fifty thousand dollars ($150,000) for fiscal year 2015-2016 from available funds, including those appropriated by this act, to support the Department's Division of Water Resources activities to manage and carry out the project, including water sampling, water testing, and water analysis of samples in the lake and connecting creeks prior to and during the demonstration project defined in subsection (a) of this section." Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5, is a severability clause. Coastal Stormwater Grandfather. - Session Laws 2014-120, s. 25(a)-(e) provides: "(a) The definitions set out in G.S. 143-212 , G.S. 143-213 , and 15A NCAC 2H .1002 apply to this section. "(b) 15A NCAC 02H .1005 (Stormwater Requirements: Coastal Counties). - Until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to Section 26(d) of this section, the Commission and the Department shall implement 15A NCAC 02H .1005 (Stormwater Requirements: Coastal Counties) as provided in Section 25(c) of this section. "(c) Implementation. - Notwithstanding Paragraph (h) of 15A NCAC 02H .1005 (Stormwater Requirements: Coastal Counties), the provisions and requirements applicable to any grandfathered development activity subject to Subparagraph (a)(2) of 15A NCAC 02H .1005 shall also be applicable to an expansion of the development activity. For purposes of this subsection, 'grandfathered development activity' means development activity that is regulated by provisions and requirements of 15A NCAC 02H .1005 (Stormwater Requirements: Coastal Counties) that was effective at the time of the original issuance of any of the authorizations listed in Subparagraph (h)(2) of 15A NCAC 02H .1005, because the authorization meets the criteria set forth in that Subparagraph; and 'expansion of the development activity' means development activity conducted on a contiguous property or properties under a subdivision plat approved by the local government prior to July 3, 2012. "(d) Additional Rule-Making Authority. - The Commission shall adopt a rule to amend 15A NCAC 02H .1005 (Stormwater Requirements: Coastal Counties) consistent with Section 25(c) of this section. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 25(c) of this act. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) . "(e) Sunset. - Section 25(c) of this section expires on the date that rules adopted pursuant to Section 25(d) of this section become effective." Prohibit Certain Stormwater Control Measures. - Session Laws 2017-10, s. 3.11(a)-(d), provides: "(a) Until the effective date of the revised permanent rule that the Environmental Management Commission is required to adopt pursuant to subsection (c) of this section, the Commission and the Department of Environmental Quality shall implement 15A NCAC 02H.0506 (Review of Applications) as provided in subsection (b) of this section. "(b) Notwithstanding 15A NCAC 02H.0506(b)(5) and 15A NCAC 02H.0506(c)(5), the Director of the Division of Water Resources shall not require the use of on-site stormwater control measures to protect downstream water quality standards, except as required by State or federal law. "(c) The Environmental Management Commission shall adopt rules to amend 15A NCAC 02H.0506 (Review of Applications) consistent with subsection (b) of this section. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (b) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) . "(d) This section is effective when it becomes law [May 4, 2017]. Subsection (b) of this section expires on the date that rules adopted pursuant to subsection (c) of this section become effective." Direct the Coastal Resources Commission to Amend the Sediment Criteria Rule to Exempt Sediment from Cape Shoal Systems. - Session Laws 2017-10, s. 3.15(a)-(e), provides: "(a) Definitions. - "Sediment Criteria Rule" means 15A NCAC 07H.0312 (Technical Standards for Beach Fill Projects) for purposes of this section and its implementation. "(b) Sediment Criteria Rule. - Until the effective date of the revised permanent rule that the Coastal Resources Commission is required to adopt pursuant to subsection (d) of this section, the Commission and the Department of Environmental Quality shall implement the Sediment Criteria Rule, as provided in subsection (c) of this section. "(c) Implementation. - The Commission shall exempt from the permitting requirements of the Sediment Criteria Rule any sediment in the cape shoal systems used as a borrow site and any portion of an oceanfront beach that receives sediment from the cape shoal systems. For purposes of this section, "cape shoal systems" includes the Frying Pan Shoals at Cape Fear, Lookout Shoals at Cape Lookout, and Diamond Shoals at Cape Hatteras. "(d) Additional Rule-Making Authority. - The Commission shall adopt a rule to amend the Sediment Criteria Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Commission, pursuant to this section, shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) . "(e) Sunset. - This section expires when permanent rules adopted as required by subsection (d) of this section become effective." Provide for Low-Flow Design Alternatives for Public Water Supply Systems. - Session Laws 2017-10, s. 3.18(a)-d), provides: "(a) 15A NCAC 18C.0409(b)(1)(Daily Flow Requirements). - Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (c) of this section, the Commission, the Department of Environmental Quality, and any other political subdivision of the State shall implement 15A NCAC 18C.0409(b)(1)(Daily Flow Requirements), as provided in subsection (b) of this section. "(b) Implementation. - Notwithstanding the Daily Flow Requirements rates listed in Table No. 1 of 15A NCAC 18C.0409(b)(1)(Daily Flow Requirements), a public water supply system shall be exempt from the Daily Flow Requirements, and any other design flow standards established by the Department or the Commission, provided the flow rates that are less than those required in Table No. 1 of 15A NCAC 18C.0409(b)(1)(Daily Flow Requirements)(i) are achieved through an engineering design that utilizes low-flow fixtures and low-flow reduction technologies and the design is prepared, sealed, and signed by a professional engineer licensed pursuant to Chapter 89C of the General Statutes and (ii) provide for a flow that is sufficient to sustain the water usage required in the engineering design. "(c) Additional Rule-Making Authority. - The Commission shall adopt a rule to amend 15A NCAC 18C.0409(b)(1)(Daily Flow Requirements), consistent with subsection (b) of this section. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (b) of this section. Rules adopted pursuant to this section are not subject to G.S. 150B-21.8 through G.S. 150B-21.14 . Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) . "(d) Sunset. - Subsection (b) of this section expires on the date that rules adopted pursuant to subsection (c) of this section become effective." NPDES Permit Holders to Submit Documentation of Pollutants Identified at Time of Permit Application. - Session Laws 2018-5, s. 13.1(r), provides: "Every applicant for a new permit, or permit renewal, of an individual National Pollutant Discharge Elimination System (NPDES) permit to be issued by the Department of Environmental Quality shall submit documentation to the Department in an electronic format as prescribed by the Department that will facilitate immediate public disclosure of the pollutants by certified test method to be included in the person's discharge." Neuse Buffer Rules/Airport Facilities. - Session Laws 2019-199, s. 3(a)-(e), requires the Environmental Management Commission to adopt rules related to Neuse River Basin Airport Rules. The provisions are noted in full under the same heading at G.S. 143-214.1 . Session Laws 2019-199, s. 3.1(a)-(e), provides: "(a) Definitions. - As used in this section, the following definitions apply: "(1) Airport Impacted Property. - Any tract of property contiguous to airports located in the Neuse River Basin served by greater than 50,000 flights annually that is impacted by a relocation of State-maintained road to accommodate expansion or relocation of airport operations. "(2) Neuse River Basin Riparian Buffer Rule. - The Neuse River Basin: Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Existing Riparian Buffers (15A NCAC 02B.0233), including the proposed readoption and recodification of that rule as 15A NCAC 02B.0714 adopted by the Environmental Management Commission on March 14, 2019, and approved by the Rules Review Commission on May 16, 2019. "(b) Neuse River Basin Riparian Buffer Rule. - Until the effective date of the revised permanent rules that the Environmental Management Commission is required to adopt pursuant to subsection (d) of this section, the Commission and the Department of Environmental Quality shall implement the Neuse River Basin Riparian Buffer Rule as provided in subsection (c) of this section. "(c) Implementation. - Notwithstanding subdivision 6 (Table of Uses) of the Neuse River Basin Riparian Buffer Rule, uses of Airport Impacted Property shall be designated as Allowable with Mitigation. "(d) Additional Rule-Making Authority. - The Commission shall adopt rules to amend the Neuse River Basin Riparian Buffer consistent with subsection (c) of this section. Notwithstanding G.S. 150B-19(4) , the rules adopted by the Commission, pursuant to this section, shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) . "(e) Sunset. - This section expires when permanent rules adopted as required by subsection (d) of this section become effective." Editor's Note. - Session Laws 2007-323, s. 6.22, which added subsection (d2), was repealed by Session Laws 2008-198, s. 8(a), effective August 8, 2008. As a result, subsection (d2), which was to be effective October 1, 2008, never took effect. For provisions regarding the implementation of the "Tar-Pamlico River Basin-Nutrient Sensitive Waters Management Strategy: Agricultural Nutrient Control Strategy," see Editor's note under G.S. 143-214.1 . Session Laws 2004-124, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2004'." Subsection (d1), added by Session Laws 2004-124 s. 6.29(a), effective January 1, 2005, is applicable only to a retail merchant that first opens a retail premises for business on or after that date or that submits an application for a building permit for the construction or renovation of a retail premises after that date. Session Laws 2004-124, s. 33.5, is a severability clause. Session Laws 2004-163, s. 15, as amended by Session Laws 2006-246, s. 1(b), provides: "This act is effective when it becomes law and expires 1 July 2006." Session Laws 2007-323, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2007'." Session Laws 2007-323, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2007-2009 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2007-2009 fiscal biennium." Session Laws 2007-323, s. 32.5, is a severability clause. Session Laws 2008-107, s. 25.18(a)-(c), provides: "(a) Of funds available to the Department of Transportation, the Department, in cooperation with the Center for Transportation and the Environment at North Carolina State University, shall conduct a pilot study on 50 bridges, located throughout the State in various ecosystems, of the installation of various types of storm water detention, collection, and filtering systems during new bridge construction over waterways. The Department may also retrofit existing bridges as part of its pilot study. Treatments and methods used in the pilot study shall include but not be limited to those treatments found effective by other states and new treatments identified through investigation and research which may be effective. Construction or retrofitting shall be initiated on at least 25 of the 50 bridges by July 1, 2009. Construction or retrofitting shall be initiated on the remaining bridge projects by January 1, 2010. "(b) An interim report shall be made to the Joint Legislative Transportation Oversight Committee no later than July 1, 2009, that includes information which quantifies stormwater runoff at structures as well as the types of pollutants, the various treatments which will be constructed and evaluated to target these pollutant types, and a measurement and collection plan to determine effectiveness of the evaluated treatments. "(c) A final report shall be made to the Joint Legislative Transportation Oversight Committee no later than July 1, 2010. The final report shall include as a minimum, the effectiveness of the treatments included in the study, costs of each treatment, and the costs of implementing effective treatments on new bridge construction projects as well as existing bridge retrofit projects for all bridges over waterways in the State." Session Laws 2008-107, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2008'." Session Laws 2008-107, s. 30.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2008-2009 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2008-2009 fiscal year." Session Laws 2008-107, s. 30.5 is a severability clause. Session Laws 2008-181, s. 6.3, provides: "Stormwater Permitting - The Commission may study the feasibility of implementing a stormwater management program under G.S. 143-214.7 without requiring the issuance of a State permit prior to construction. The study shall consider the potential for accepting an engineering certification that the stormwater management system complies with stormwater requirements set out in statute or in the rules of the Environmental Management Commission in place of a permit review by the Department of Environment and Natural Resources. The study shall address issues related to enforcement of stormwater requirements; the impact on stormwater programs delegated to and implemented by units of local government; consistency with federal requirements under the Clean Water Act, including limits on non-point source runoff under a Total Maximum Daily Load for impaired waters; the ability to accurately track nutrient reductions under nutrient sensitive waters strategies; implications for other environmental review processes, included related permitting programs; potential impacts on the State's ability to protect water quality and aquatic resources. The study shall also consider the costs and benefits to the property owner or developer." As to development of Minimum Design Criteria for permits issued by the stormwater runoff permitting programs by the Department of Environment and Natural Resources, see Editor's note under G.S. 143-214.7B pertaining to Session Laws 2013-82, s. 1. Session Laws 2013-265, s. 1, provides: "This act shall be known and may be cited as the 'North Carolina Farm Act of 2013.'" Session Laws 2013-413, s. 51(d), provides: "The Environmental Management Commission shall amend its rules to be consistent with the definition of "built-upon area" set out in subsection (b2) of G.S. 143-214.7 , as enacted by Section 51(a) of this act." Session Laws 2013-413, s. 51(e), provides: "The Environmental Review Commission shall study State stormwater programs, including how partially impervious surfaces are treated in the calculation of built-upon area under those programs. The Environmental Review Commission shall report its findings and recommendations to the 2014 Regular Session of the 2013 General Assembly." Session Laws 2013-413, s. 51(f), made subsection (b2), as enacted by Session Laws 2013-413, s. 51(a), applicable to projects for which permit applications are received on or after August 23, 2013. Session Laws 2013-413, s. 60(c), which was the last provision in Part VII of the act, entitled "Industrial Commission," provides: "This act becomes effective July 1, 2015." Session Laws 2013-413, s. 61(b), provides: "Except as otherwise provided, this act is effective when it becomes law [August 23, 2013]." Session Laws 2013-413, s. 61(a), is a severability clause. Session Laws 2013-413, s. 61(b), provides: "Except as otherwise provided, this act is effective when it becomes law [August 23, 2013]." Session Laws 2013-413, s. 60(c), had provided that: "This act becomes effective July 1, 2015." Session Laws 2014-115, s. 17, amended Session Laws 2013-413, s. 60(c), to replace the reference to "This act" with the words "This Part." Session Laws 2014-90, s. 7, provides: "The Building Code Council, the Environmental Management Commission, the Coastal Management Commission, and the Department of Environment and Natural Resources shall amend their rules to conform with this act." Session Laws 2014-90, s. 8, is a severability clause. Session Laws 2014-120, s. 45(b)-(c), provides: "(b) The Environmental Management Commission shall amend its rules to be consistent with the definition of 'built-upon area' set out in subsection (b2) of G.S. 143-214.7 , as amended by Section 45(a) of this act. "(c) Unless specifically authorized by the General Assembly, neither the Environmental Management Commission nor the Department of Environment and Natural Resources have the authority to define the term 'gravel' for purposes of implementing stormwater programs. Any rule adopted by the Environmental Management Commission or the Department of Environment and Natural Resources that defines the term "gravel" for purposes of implementing stormwater programs is not effective and shall not become effective." "(d) This section is effective when it becomes law. Subsection (b2) of G.S. 143-214.7 , as amended by Section 45(a) of this act, applies to projects for which permit applications are received on or after that date." Session Laws 2014-120, s. 45(d), made the amendment by Session Laws 2014-120, s. 45(a), applicable to projects for which permit applications are received on or after September 18, 2014. Session Laws 2014-120, s. 60, is a severability clause. Session Laws 2015-149, s. 1(b), provides: "Notwithstanding Section 45(c) of S.L. 2014-120, the Environmental Management Commission shall adopt rules to implement this section no later than December 1, 2015." Session Laws 2015-241, s. 14.5(b), provides: "The General Assembly finds that there is a need for timely initiation of projects authorized by this section during the biennium to expedite mitigation of impaired waters of the State. Therefore, any contract, contract extension, lease, purchase, or other agreement entered into under this section shall not be subject to the requirements of Article 3, 3D, or 8 of Chapter 143 of the General Statutes in order to expedite deployment. Session Laws 2015-241, s. 14.5(a), (c), and (d) provided for funding to continue the Jordan Lake Nutrient Mitigation Demonstration Project established in Session Laws 2013-360, s. 14.3A; for an effective date delay for modification of existing or proposed rules related to basinwide nutrient management and mitigation of water quality of impaired water bodes; and for a study [due no later than April 1, 2016] of in situ strategies beyond traditional watershed controls that have the potential to mitigate water quality impairments resulting from water quality variables that impair or have the potential to impair water bodies of the State." However, Session Laws 2015-241, s. 14.5(a) and (c) were repealed by Session Laws 2016-94, s. 14.13(b) and further provided that: "the Department shall terminate the demonstration project authorized by that section. Any funds allocated under subsection (a) of Section 14.5 of S.L. 2015-241 that are unspent and unencumbered on the effective date of this act shall revert to the Clean Water Management Trust Fund." Session Laws 2016-94, s. 14.13(j) provides: "Subsection (b) of this section becomes effective on the earlier of July 1, 2016, or the date of termination of a contract related to in situ water quality remediation strategies that was previously extended pursuant to Section 14.5 of S.L. 2015-241." Session Laws 2015-286, s. 4.20(c), (d), provides: "(c) No later than March 1, 2016, a State agency or local government that implements a stormwater management program approved pursuant to subsection (d) of G.S. 143-214.7 shall submit its current stormwater management program or a revised stormwater management program to the Environmental Management Commission. No later than December 1, 2016, the Environmental Management Commission shall review and act on each of the submitted stormwater management programs in accordance with subsection (d) of G.S. 143-214.7 , as amended by this section. "(d) The Environmental Review Commission, with the assistance of the Department of Environment and Natural Resources [now Department of Environmental Quality], shall review the current status of State statutes, session laws, rules, and guidance documents related to the management of stormwater in the State. The Commission shall specifically examine whether State statutes, session laws, rules, and guidance documents related to the management of stormwater in the State should be recodified or reorganized in order to clarify State law for the management of stormwater. The Commission shall submit legislative recommendations, if any, to the 2016 Regular Session of the 2015 General Assembly." Session Laws 2016-94, s. 14.13(a), provides: "The General Assembly finds all of the following: "(1) It is necessary for the State to have a comprehensive management strategy to protect and improve water quality. "(2) Over the last 20 years, comprehensive watershed nutrient management strategies and buffer rules have been implemented in several river basins and watersheds in North Carolina where surface water quality has been impaired by excess nutrients. "(3) It is in the interest of the State to review the costs and benefits of existing nutrient management strategies and determine whether those nutrient management strategies should be modified in order to maintain and improve water quality in nutrient sensitive waters. "(4) The State should revise nutrient strategies to maintain proven measures already shown to be effective; incorporate new technological and management innovations; recognize investments in water quality already implemented by stakeholders; and share costs on an equitable basis." Session Laws 2016-94, s. 14.13(c)-(i), as amended by Session Laws 2017-57, s. 13.24, and as amended by Session Laws 2018-5, s. 13.8(a)-(c), provides: "(c) Of the funds appropriated to the Board of Governors of The University of North Carolina, the sum of five hundred thousand dollars ($500,000) for each of the fiscal years from 2016-2017 through 2021-2022 is allocated to the Chief Sustainability Officer at the University of North Carolina at Chapel Hill to designate an entity to oversee a continuing study and analysis of nutrient management strategies (including in situ strategies) and compilation of existing water quality data specifically in the context of Jordan Lake and Falls Lake. As part of this study, the entity shall (i) review data collected by the Department of Environmental Quality and by other stakeholders from water sampling in areas subject to the Falls Lake or Jordan Lake Water Supply Nutrient Strategies and compare trends in water quality to the implementation of the various elements of each of the Strategies and (ii) examine the costs and benefits of basinwide nutrient strategies in other states and the impact (or lack of impact) those strategies have had on water quality. The entity shall report to the Environmental Review Commission, the Environmental Management Commission, and the Department of Environmental Quality as set forth below: "(1) With respect to Jordan Lake, the final results of its study and recommendations for further action (including any statutory or regulatory changes necessary to implement the recommendations) no later than December 31, 2019, with interim updates no later than December 31, 2016, December 31, 2017, and December 31, 2018. "(2) With respect to Falls Lake, the final results of its study and recommendations for further action (including any statutory or regulatory changes necessary to implement the recommendations) no later than December 31, 2023, with interim updates no later than December 31, 2019, and December 31, 2021. "No indirect or facilities and administrative costs shall be charged by the University against the funds allocated by this section. The Department of Environmental Quality shall provide all necessary data and staff assistance as requested by the entity for the duration of the study required by this subsection. The Department shall also designate from existing positions an employee to serve as liaison between the Department and the entity to facilitate communication and handle data requests for the duration of the project. "(d) As part of the periodic review and readoption of rules required by G.S. 150B-21.3 A, the Environmental Management Commission shall, based on the study required by subsection (c) of this section and any monitoring or modeling study conducted pursuant to existing regulations as defined in this section, review the following Nutrient Strategies: "(1) The Falls Water Supply Nutrient Strategy, 15A NCAC 2B.0275 through .0282 and .0315. "(2) The Jordan Lake Water Supply Nutrient Strategy, 15A NCAC 2B.0263 through .0273 and .0311. "(3) Any changes to these regulations imposed by acts of the General Assembly. "The schedule set forth in this subsection shall modify the review and readoption schedule set by the Rules Review Commission under G.S. 150B-21.3 A to the extent the schedules conflict. No later than December 31, 2016, the Department of Environmental Quality shall report to the Environmental Review Commission a list of any other rules and any acts of the General Assembly changing the rules identified in this subsection, and the Environmental Management Commission's review shall include the rules identified in this section and in that report. As part of its rule review process, the Environmental Management Commission shall (i) hold public hearings in the upstream and downstream portions of the Falls Lake and Jordan Lake river basins and subbasins and (ii) no later than December 31, 2016, convene a stakeholder working group that represents all classes of users and all geographic parts of the impacted river basins and subbasins and that will provide input to the Environmental Management Commission regarding the revision to the Nutrient Strategies. The Environmental Management Commission shall begin rule readoption for the Jordan Lake Water Supply Nutrient Strategy on the earlier of the following: (i) upon receipt of the completed study and final recommendations prepared in response to subsection (c) of this section and any monitoring or modeling study conducted pursuant to existing regulations for nutrient management in Jordan Lake or (ii) December 31, 2020. The Environmental Management Commission shall begin rule readoption for the Falls Water Supply Nutrient Strategy on the earlier of the following: (i) upon receipt of the completed study and final recommendations prepared in response to subsection (c) of this section and any monitoring or modeling study conducted pursuant to existing regulations for nutrient management in Falls Lake or (ii) December 31, 2024. For purposes of the G.S. 150B-21.3 A readoption process, the Nutrient Strategies shall be considered 'necessary with substantive public interest.' "(e) The Department of Environmental Quality shall study alternative technologies for in situ approaches to nutrient management in Falls Lake and Jordan Lake. In its study, the Department shall consider in situ treatments, including algaecide and phosphorus-locking technologies, that have been certified by the United States Environmental Protection Agency for use in drinking water sources. Of the funds appropriated in this act to the Department of Environmental Quality, the sum of one million three hundred thousand dollars ($1,300,000) for the 2016-2017 fiscal year may be used only for permitting and implementation of trial of these technologies. The Department shall begin any testing or sampling activities required to support permit applications for the trial by September 1, 2017. Any contract entered into under this subsection shall not be subject to Article 3 or Article 8 of Chapter 143 of the General Statutes. The study shall determine whether these treatments would provide improvements in water quality. The Department shall submit an interim report no later than September 1 of each year the study and trial required by this section are ongoing, and a final report no later than December 31, 2010, to the Environmental Review Commission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division. If the Department finds these strategies to be effective, it shall incorporate them into the Nutrient Strategies readoption required by subsection (d) of this section. Funds allocated by this subsection shall remain available until the conclusion of the study, and any funds unused at that time shall revert to the General Fund. "(f) Impervious surface added in a city or county within the Jordan Lake watershed after July 26, 2013, and prior to December 31, 2020, shall, notwithstanding any other provision of law or associated regulations adopted by the Environmental Management Commission, not be counted as built-upon area for purposes of a city's or county's calculation of nutrient loading targets under a Development Stormwater Rule. Pursuant to G.S. 153A-145.6 and G.S. 160A-205.1 , cities and counties shall not enforce Development Stormwater Rules through any ordinance, code, standard, committed element, condition, or contractual obligation imposed by, agreed upon, or accepted by a county or city. For purposes of this subdivision, 'Development Stormwater Rule' shall mean 15A NCAC 2B.0265 (Stormwater Management for New Development) and 15A NCAC 2B.0266 (Stormwater Management for Existing Development), or equivalent or more stringent ordinance, code, standard, or committed element related to nutrient-loading targets in the Jordan Lake watershed. "(g) The Department of Environmental Quality shall study the following issues related to nutrient impact fees and other water quality impact mitigation programs in Jordan Lake and Falls Lake: "(1) The impact, costs, and benefits of setting nutrient offset fees on a subbasin- or area-specific basis, together with an estimate of the subbasin-specific nutrient offset fees for each subbasin in the Jordan Lake and Falls Lake watersheds or area draining to a particular arm of Jordan Lake or Falls Lake. "(2) Watersheds and river basins or subbasins where private providers of mitigation services are adequately serving existing and projected demand over the next five years, and whether (i) the continuing provision of mitigation services by the State in those areas is necessary and (ii) statutory authority to provide mitigation services in those areas should be totally or partially repealed. "The Department shall report no later than December 1, 2016, to the Environmental Review Commission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division regarding the results and recommendations from its study and any suggested legislation necessary to implement the recommendations. "(h) The rules described below shall not take effect and are subject to the review and readoption required by subsection (d) of this section: "(1) With respect to the Jordan Lake rules, as defined by subdivisions (2) and (3) of subsection (d) of this section, any rules with effective dates after July 1, 2016. Rules delayed under this subdivision will have the effective date specified in the rules as readopted under subsection (d) of this section. "(2) With respect to the Falls Lake rules, as defined by subdivisions (1) and (3) of subsection (d) of this section, any rules with effective dates between the effective date of this act and October 15, 2022, provided that provisions of the Falls Lake rules which establish Stage I reduction actions and goals shall remain in effect until the Falls Lake rules, as modified under subsection (d) of this section, become effective. The due dates for reduction actions and goals set to be completed by December 31, 2020, and the reduction actions and goals identified as Stage II in the Falls Lake rules are delayed until the Falls Lake rules, as modified under subsection (d) of this section, become effective. "(i) Stormwater treatment practices that have been approved by the Chesapeake Bay Commission for TMDL compliance in the Chesapeake Bay watershed shall be allowed for TMDL compliance in the Jordan Lake and Falls Lake watersheds at the same pollutant removal efficiency value established for each such practice for the Chesapeake Bay watershed. The Department shall report no later than December 1, 2016, to the Environmental Review Commission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division on the need and desirability of establishing State-specific pollutant removal efficiency values for the stormwater treatment practices allowed by this subsection. If the Department decides to establish State-specific values, it shall incorporate those values into the Nutrient Strategies readoption required by subsection (d) of this section." Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'" Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year." Session Laws 2016-94, s. 39.7, is a severability clause. Session Laws 2017-10, s. 4.15(c), provides that the first combined report required by Session Laws 2017-10, s. 4.15(b), which added the requirement to subsection (e) of this section, shall be submitted to the Environmental Review Commission no later than October 1, 2017. Session Laws 2017-10, s. 4.15(e), provides: "The first combined report required by subsections (a) and (b) of this section shall be submitted to the Environmental Review Commission no later than October 1, 2017." Session Laws 2017-10, s. 5.1, is a severability clause. Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2018-5, s. 13.8(d), provides: "Notwithstanding Section 27.5 of S.L. 2016-94, as amended by Section 10.4 of S.L. 2017-57, the North Carolina Policy Collaboratory is authorized to use for the purposes set forth in this subsection no more than one million dollars ($1,000,000) for the 2018-2019 fiscal year of the funds appropriated for the 2016-2017 fiscal year to the Office of State Budget and Management, Special Appropriations, and allocated to the Board of Trustees of the University of North Carolina at Chapel Hill for use as matching funds by the Collaboratory. Notwithstanding Section 27.5 of S.L. 2016-94, as amended by Section 10.4 of S.L. 2017-57, no match is required for funds reallocated by this subsection. "The Collaboratory shall use these funds to create an updated quantitative model of Jordan Lake and the Haw River subbasin of the Cape Fear River based on the nutrient management study funded by Section 14.13(c) of S.L. 2016-94. The funds may also be utilized for personnel costs, data acquisition, and software licensing related to the model update project funded by this subsection, but the University of North Carolina at Chapel Hill shall not charge for overhead costs against the funds reallocated by this subsection. Funds reallocated by this subsection shall not revert but shall continue to be available to the Collaboratory for the purposes described in this subsection." Session Laws 2018-5, s. 13.8(e), provides: "(e) In the report required by Section 14.13(c) of S.L. 2016-94, as amended by subsection (a) of this section, the Collaboratory shall present the results of the model authorized by subsection (d) of this section, along with (i) recommendations for revisions or additions to the Jordan Lake Water Supply Nutrient Strategy and (ii) identification and analysis of issues and areas identified by its study and model where no scientific consensus exists or where data is unavailable or incomplete." Effect of Amendments. - Session Laws 2006-246, s. 16(b), effective retroactively to July 1, 2006, added subsection (c1). Session Laws 2007-323, s. 6.22(a), effective October 1, 2008, and applicable to any area designed to be used for vehicular parking for which an application for a building permit, a request for a zoning reclassification, or a subdivision plat is filed in the county or city in which the area is located on or after October 1, 2008, added subsection (d2). Session Laws 2011-256, s. 1, effective June 23, 2011, added subsection (c2). Session Laws 2011-394, s. 6, effective July 1, 2011, added subsection (b1). Session Laws 2012-200, ss. 1 and 6, effective August 1, 2012, in subsection (e), substituted "On or before October 1 of each year, the Commission shall" for "The Commission shall annually," substituted "government" for "government, on or before 1 October of each year," and added the last sentence; and added subsections (c3) and (c4). Session Laws 2013-121, s. 1, effective June 19, 2013, added subsection (c5). Session Laws 2013-265, s. 19, effective July 17, 2013, repealed subsection (d1), pertaining to limitations on parking lot space used by retail merchants for display of nursery stock. Session Laws 2013-413, s. 51(a), effective August 23, 2013, added subsection (b2). For applicability, see Editor's note. Session Laws 2013-413, s. 57(h), substituted "Division of Water Resource's" for "Division of Water Quality's" in the third and fourth sentences of subsection (c3). For effective date, see Editor's note. Session Laws 2014-90, s. 2, effective July 30, 2014, added subsections (a1) and (b3). Session Laws 2014-120, s. 45(a), effective September 18, 2014, substituted "slatted deck or the water area of a swimming pool" for "wooden slatted deck, the water area of a swimming pool, or gravel" at the end of subsection (b2). See Editor's note for applicability. Session Laws 2015-149, s. 1(a), effective July 16, 2015, rewrote the second sentence in subsection (b2). Session Laws 2015-286, s. 4.20(b), effective October 22, 2015, added the last sentence of the first undesignated paragraph of subsection (b2); added subdivisions (b2)(1) through (b2)(3); and deleted "or exceed" following "of the program equal" near the middle of the second sentence of subsection (d). Session Laws 2017-10, s. 3.12, effective May 4, 2017, in the second sentence of subsection (b2), added "or landscaping material, including, but not limited to, gravel, mulch, sand, and vegetation, placed on areas that receive pedestrian or bicycle traffic or on portions of driveways and parking areas that will not be compacted by the weight of a vehicle, such as the area between sections of pavement that support the weight of a vehicle. The owner or developer of a property may opt out of any of the exemptions from "built-upon area" set out in this subsection"; and made related changes. Session Laws 2017-10, s. 4.15(b), effective May 4, 2017, in subsection (e), substituted "Department" for "commission" in the first sentence; and added the last sentence. Session Laws 2017-104, s. 2., effective July 12, 2017, in subsection (c3), substituted "neither the Department nor any local government shall require" for "the Department shall not" and inserted "or in order to comply with any local ordinance adopted under G.S. 143 214.5" in the first sentence, added "or with any local ordinance" at the end of the second sentence, substituted "section, or with any local ordinance, and that is located at a public airport or that is within" for "section located at public airports or that are within" in the third sentence, and added "and a variance to allow any replacement shall be considered a minor variance under any local government ordinance adopted under G.S. 143 214.5." to the end of the last sentence; in subsection (c4), inserted "and local governments" near the beginning and added "and to be in compliance with any local government water supply watershed management protection ordinance adopted under G.S. 143 214.5." at the end; and made stylistic changes. Session Laws 2017-211, s. 8, effective October 5, 2017, added the second sentence to subsection (b3). Session Laws 2018-145, s. 26(a), effective December 27, 2018, rewrote subdivision (b2)(2), and added the last two sentences in subsection (b3). Legal Periodicals. - For article, "Down the Drain: How North Carolina Municipalities Lost Immunity for Storm Drains in Jennings v. Fayetteville," see 88 N.C.L. Rev. 2272 (2010).