NORTH CAROLINA REGISTER VOLUME 29 ● ISSUE 15 ● Pages 1739 - 1916 February 2, 2015 IN ADDITION NC Rate Bureau – Public Notice 1739 II. PROPOSED RULES Environment and Natural Resources, Department of Coastal Resources Commission 1740 – 1742 Occupational Licensing Boards and Commissions Chiropractic Examiners, Board of 1742 – 1743 Dental Examiners, Board of 1743 – 1745 Office of State Human Resources State Human Resources Commission 1745 – 1747 III. APPROVED 1748 – 1887 Agriculture and Consumer Services, Department of Agriculture, Board of Environment and Natural Resources, Department of Environmental Management Commission Mining and Energy Commission Wildlife Resources Commission Justice, Department of Criminal Justice Education and Training Standards Commission Sheriffs' Education and Training Standards Commission Occupational Licensing Boards and Commissions Appraisal Board Cosmetic Art Examiners, Board of Hearing Aid Dealers and Fitters Board Nursing, Board of Occupational Therapy, Board of Pharmacy, Board of Respiratory Care Board Soil Scientists, Board for Licensing of Veterinary Medical Board Public Safety, Department of Private Protective Services Board Transportation, Department of Department IV. RULES REVIEW COMMISSION 1888 – 1890 V. CONTESTED CASE DECISIONS Index to ALJ Decisions 1891 – 1896 Text of ALJ Decisions 14 DOJ 00561 1897 – 1901 14 DOJ 03029 1902 – 1907 14 DOJ 06134 1908 – 1911 14 EHR 01136 1912 – 1916 14 EHR 01410 1912 – 1916
(I) overall density of the project meets associated density or stormwater control requirements of this Rule; (II) buffers meet the minimum statewide water supply watershed protection requirements; (III) builtupon areas shall be designed and located to minimize stormwater runoff impact to the receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and maximize the flow length through vegetated areas; (IV) areas of concentrated development shall be located in upland areas and away, to the maximum extent practicable, from surface waters and drainageways; (V) remainder of tract to remain in vegetated or natural state; (VI) area in the vegetated or natural state may be conveyed to a property owners association, a local government for preservation as a park or greenway, a conservation organization, or placed in a permanent conservation or farmland preservation easement; (VII) a maintenance agreement for the vegetated or natural area shall be filed with the Register of Deeds; and (VIII) cluster development that meets the applicable low density option requirements shall transport stormwater runoff from the development by vegetated conveyances to the maximum extent practicable; (E) A maximum of 10 percent of each jurisdiction's portion of the watershed outside of the critical area as delineated on July 1, 1993 may be developed with new development projects and
expansions of existing development of up to 70 percent builtupon surface area (the "10/70 option") in addition to the new development approved in compliance with the appropriate requirements of SubItem (3)(b)(i)(A) or SubItem (3)(b)(i)(B) of this Rule. For expansions to existing development, the existing builtupon surface area shall not be counted toward the allowed 70 percent builtupon surface area. A local government having jurisdiction within the watershed may transfer, in whole or in part, its right to the 10/70 option land area to another local government within the watershed upon submittal of a joint resolution and review by the Commission. When the water supply watershed is composed of public lands, such as National Forest land, local governments may count the public land acreage within the watershed outside of the critical area in calculating the acreage allowed under this provision. For local governments that do not choose to use the high density option in that WSII watershed, each project shall, to the maximum extent practicable, minimize builtupon surface area, direct stormwater runoff away from surface waters, and incorporate best management practices, as defined in Rule .0202 of this Section, to minimize water quality impacts. If the local government selects the high density development option within that WSII watershed, then engineered stormwater controls shall be employed for the new development; (F) If local governments choose the high density development option that requires stormwater controls, then they shall assume ultimate responsibility for operation and maintenance of the required controls as outlined in Rule .0104 of this Subchapter; (G) A minimum 100 foot vegetative buffer shall be required for all new development activities that exceed the low density option requirements as specified in
SubItems (3)(b)(i)(A) and SubItem (3)(b)(ii)(A) of this Rule, otherwise a minimum 30 foot vegetative buffer for development activities shall be required along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies. Nothing in this Rule shall stand as a bar to artificial streambank or shoreline stabilization; (H) No new development shall be allowed in the buffer; water dependent structures, or other structures such as flag poles, signs, and security lights, which result in only de minimus increases in impervious area and public projects such as road crossings and greenways may be allowed where no practicable alternative exists. These activities shall minimize builtupon surface area and avoid channelizing stormwater; (I) No National Pollutant Discharge Elimination System (NPDES) permits shall be issued for landfills that discharge treated leachate; (ii) Critical Area Nonpoint Source and Stormwater Pollution Control Criteria: (A) Low Density Option: new development shall be limited to either no more than one dwelling unit of single family detached residential development per two acres (or 80,000 square foot lot excluding roadway or six percent builtupon area for all other residential and nonresidential development; stormwater runoff from the development shall be transported by vegetated conveyances to the maximum extent practicable; (B) High Density Option: if new development density exceeds the low density requirements specified in SubItem (3)(b)(ii)(A) of this Rule, then engineered stormwater controls shall be used to control runoff from the first inch of rainfall; new residential and nonresidential development density shall not exceed 24 percent builtupon area; (C) No new permitted sites for land application of residuals or petroleum contaminated soils shall be allowed;
reclassification does not exceed the density requirement when densities are averaged throughout the entire watershed area; (D) Cluster development shall be allowed on a projectbyproject basis as follows: (I) overall density of the project meets associated density or stormwater control requirements of this Rule; (II) buffers meet the minimum statewide water supply watershed protection requirements; (III) builtupon areas shall be designed and located to minimize stormwater runoff impact to the receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and maximize the flow length through vegetated areas; (IV) areas of concentrated development shall be located in upland areas and away, to the maximum extent practicable, from surface waters and drainageways; (V) remainder of tract to remain in vegetated or natural state; (VI) area in the vegetated or natural state may be conveyed to a property owners association, a local government for preservation as a park or greenway, a conservation organization, or placed in a permanent conservation or farmland preservation easement; (VII) a maintenance agreement for the vegetated or natural area shall be filed with the Register of Deeds; and (VIII) cluster development that meets the applicable low density option requirements shall transport stormwater runoff from the development by vegetated conveyances to the maximum
extent practicable; (E) A maximum of 10 percent of each jurisdiction's portion of the watershed outside of the critical area as delineated on July 1, 1993 may be developed with new development projects and expansions of existing development of up to 70 percent builtupon surface area (the "10/70 option") in addition to the new development approved in compliance with the appropriate requirements of SubItem (3)(b)(i)(A) or SubItem (3)(b)(i)(B) of this Rule. For expansions to existing development, the existing builtupon surface area shall not be counted toward the allowed 70 percent builtupon surface area. A local government having jurisdiction within the watershed may transfer, in whole or in part, its right to the 10/70 option land area to another local government within the watershed upon submittal of a joint resolution and review by the Commission. When the water supply watershed is composed of public lands, such as National Forest land, local governments may count the public land acreage within the watershed outside of the critical area in figuring the acreage allowed under this provision. For local governments that do not choose to use the high density option in that WSIII watershed, each project shall, to the maximum extent practicable, minimize builtupon surface area, direct stormwater runoff away from surface waters, and incorporate best management practices, as defined in Rule .0202 of this Section, to minimize water quality impacts. If the local government selects the high density development option within that WSIII watershed, then engineered stormwater controls shall be employed for the new development; (F) If local governments choose the high density development option that requires engineered stormwater controls, then they shall assume ultimate responsibility for operation and maintenance of the required controls as
outlined in Rule .0104 of this Subchapter; (G) A minimum 100 foot vegetative buffer shall be required for all new development activities that exceed the low density requirements as specified in (3)(b)(i)(A) and Sub-Item (3)(b)(ii)(A) of this Rule, otherwise a minimum 30 foot vegetative buffer for development shall be required along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies. Nothing in this Rule shall stand as a bar to artificial streambank or shoreline stabilization; (H) No new development shall be allowed in the buffer; water dependent structures, or other structures such as flag poles, signs, and security lights, which result in only de minimus increases in impervious area and public projects such as road crossings and greenways may be allowed where no practicable alternative exists. These activities shall minimize builtupon surface area and avoid channelizing stormwater; (I) No National Pollutant Discharge Elimination System (NPDES) permits shall be issued for landfills that discharge treated leachate; (ii) Critical Area Nonpoint Source and Stormwater Pollution Control Criteria: (A) Low Density Option: new development shall be limited to either no more than one dwelling unit of single family detached residential development per acre (or 40,000 square foot lot excluding roadway right-of-way), or 12 percent builtupon area for all other residential and nonresidential development; stormwater runoff from the development shall be transported by vegetated conveyances to the maximum extent practicable; (B) High Density Option: if new development exceeds the low density requirements specified in SubItem (3)(b)(ii)(A) of this Rule, then engineered stormwater controls shall be used to control runoff from the first inch of rainfall; development shall not exceed 30
gutter street systems in the protected area outside of the critical area; stormwater runoff from the development shall be transported by vegetated conveyances to the maximum extent practicable; (B) High Density Option: if new development activities that require a Control Plan exceed the low density requirements of Sub-Item (3)(b)(i)(A) of this Rule, then development shall control the runoff from the first inch of rainfall; new residential and development shall not exceed 70 percent builtupon area; (C) Land within the critical and protected area shall be deemed compliant with the density requirements if the following condition is met: the density of all existing development at the time of reclassification does not exceed the density requirement when densities are averaged throughout the entire area; (D) Cluster development shall be allowed on a projectbyproject basis as follows: (I) overall density of the project meets associated density or stormwater control requirements of this Rule; (II) buffers meet the minimum statewide water supply watershed protection requirements; (III) builtupon areas shall be designed and located to minimize stormwater runoff impact to the receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and maximize the flow length through vegetated areas; (IV) areas of concentrated development shall be located in upland areas and away, to the maximum extent practicable, from surface waters and drainageways; (V) remainder of tract to remain in vegetated
or natural state; (VI) area in the vegetated or natural state may be conveyed to a property owners association, a local government for preservation as a park or greenway, a conservation organization, or placed in a permanent conservation or farmland preservation easement; (VII) a maintenance agreement for the vegetated or natural area shall be filed with the Register of Deeds; and (VIII) cluster development that meets the applicable low density option requirements shall transport stormwater runoff from the development by vegetated conveyances to the maximum extent practicable; (E) If local governments choose the high density development option that requires engineered stormwater controls, then they shall assume responsibility for operation and maintenance of the required controls as outlined in Rule .0104 of this Subchapter; (F) A minimum 100 foot vegetative buffer shall be required for all new development activities that exceed the low density option requirements as specified in (3)(b)(i)(A) or Sub-Item (3)(b)(ii)(A) of this Rule, otherwise a minimum 30 foot vegetative buffer for development shall be required along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies; (G) No new development shall be allowed in the buffer; water dependent structures, or other structures, such as flag poles, signs, and security lights, which result in only de minimus increases in impervious area and public projects such as road crossings and greenways may be allowed where no practicable alternative exists. These activities shall minimize builtupon surface
area and avoid channelizing stormwater; (H) For local governments that do not use the high density option, a maximum of 10 percent of each jurisdiction's portion of the watershed outside of the critical area as delineated on July 1, 1995 may be developed with new development projects and expansions to existing development of up to 70 percent builtupon surface area (the "10/70 option") in addition to the new development approved in compliance with the appropriate requirements of Sub-Item (3)(b)(i)(A) of this Rule. For expansions to existing development, the existing built-upon surface area shall not be counted toward the allowed 70 percent surface area. A local government having jurisdiction within the watershed may transfer, in whole or in part, its right to the 10/70 option land area to another local government within the watershed upon submittal of a joint resolution for review by the Commission. When the designated water supply watershed area is composed of public land, such as National Forest land, local governments may count the public land acreage within the designated watershed area outside of the critical area in figuring the acreage allowed under this provision. Each project shall, to the maximum extent practicable, minimize builtupon surface area, direct stormwater runoff away from surface waters and incorporate best management practices, as defined in Rule .0202 of this Section, to minimize water quality impacts; (ii) Critical Area Nonpoint Source and Stormwater Pollution Control Criteria: (A) Low Density Option: new development activities that require a Control Plan in accordance with 15A NCAC 4 established by the North Carolina Sedimentation Control Commission or approved local government programs as delegated by the Sedimentation Control Commission shall be limited to no more than two dwelling units of