Request For Approval of Local Programs Implementing The JORDAN New Development Stormwater Rule & Delegation of Authority to the Director NC Water Quality Commission – May 9, 2012 NC Environmental Management Commission – May 10, 2012 Jason Robinson– NC DWQ

Presentation Overview Background New Development Rule Requirements Differences Between Jordan & Falls Requirements Program Submittal Requirements Overview of Local Government Programs Recommendation for Approval & Delegation Quick Summary of what I plan to present

Jordan Lake Rules (Effective August, 2009) .0262 Purpose and Scope (Goals) .0263 Definitions .0264 Agriculture .02652 Stormwater- New Development .0266 1 Stormwater- Existing Development .02672, .0268, .0269 Riparian Buffer Rules .02701, 3 Wastewater Discharges .02712 Stormwater - State and Federal Entities .0272 Fertilizer Management .0273 Trading 1 Affected by SL 2009-216 2 Affected by SL 2009-484 3Affected by SL 2011-394 The Jordan Lake NMS is made up of 12 individual rules. The purpose of today’s discussion is to seek approval of the Jordan local governments new development local stormwater programs required by the New D. Rule (Shown in Yellow)

Counties Alamance Guilford Caswell Orange Chatham Rockingham Durham Municipalities Alamance Apex Burlington Carrboro Cary Chapel Hill Durham Elon Gibsonville Graham Green Level Greensboro Haw River Kernersville Mebane Morrisville Oak Ridge Ossipee Pittsboro Pleasant Garden Reidsville Sedalia Stokesdale Summerfield Whitsett Background The Jordan Lake Watershed is located in the upper portion of the Cape Fear River basin. It is ___square Miles in size spans portions of eight counties , and includes all or portions 25 municipalities. The lake is split into three subwatershed: Haw, Uppern New Hope, and Lower New Hope\ Counties Alamance Guilford Caswell Orange Chatham Rockingham Durham Wake

New Development Stormwater Requirements .0265 Requires all LGs in Jordan Watershed to implement stormwater programs for new development activities. Programs address the following rule requirements: Post-construction runoff N & P rate targets Land disturbance thresholds Onsite treatment criteria Peak flow match (1-year 24 hour storm) Compliance with Jordan Buffer Rules BMP Maintenance Program

Requirement Jordan SW Rule Falls SW Rule DIFFERENCES BETWEEN JORDAN AND FALLS NEW DEVELOPMENT STORMWATER RULE REQUIREMENTS Requirement Jordan SW Rule Falls SW Rule 8 Post-construction N&P rate targets Upper New Hope 2.2 lbs/ac/yr TN .82 lbs/ac/yr TP Lower New Hope 4.4 lbs/ac/yr TN .78 lbs/ac/yr TP Haw 3.8 lbs/ac/yr TN 1.43 lbs/ac/yr TP Entire Falls Watershed .33 lbs/ac/yr TP Land disturbance thresholds 1 acre residential ½ acre commercial ½ acre residential 12,000 sq/ft commercial Stormwater onsite treatment criteria 1 BMP min, 85% TSS 6 lbs/ac/yr TN residential 10 lbs/ac/yr TP commercial >1 acre = 50% reduction <1acre = 30% reduction

Jordan New Development Rule Implementation Timeline August 2009 – Effective date of rules March 2011- EMC approved model program September 2011 - LGs submitted local programs to DWQ for review May 2012 - DWQ makes recommendations to EMC August 2012 - LGs adopt and implement local program August 2013 – LGs submit annual reports

Review Process Conducted by Nonpoint & Stormwater staff Steps Programs Submitted: September 2011 DWQ Reviews: October - January 2012 Comments to LG’s: February 2012 LG’s submit revised programs: March 2012

Local Government Program Submittal Requirements I. Info For EMC Approval II. Appendix of Supporting Info III. Supplemental Info (Optional) Adoption Timeline & Effective Date Other Stormwater Programs Statement of Buffer Compliance State & Fed Entities Enforcement Area of Applicability Maintenance & Inspection Program List of Forms Ordinance Nutrient Loading Accounting Tool Program Contacts Professional Qualifications Stormwater Map Copies of Forms Program Approval Process Ordinance Changes Land Use Planning Appeals Process Exceeding Minimum Reqmts.

Overview of Program Submittals Program Highlights 11 LGs used consultants 16 are using the model ordinance intact or with slight revisions 16 have incorporated model ordinance language into existing ordinance or UDO Wake County - hybrid accounting tool Guilford County will administer program for five LGs: Oak Ridge, Pleasant Garden, Sedalia, Stokesdale, Whitsett 15 LGs plan to enforce on State & Fed One LG Program Still Incomplete

Requested Actions Request approval of 32 of 33 Jordan Lake Local government new development stormwater programs Require changes to Pittsboro’s program. Request delegation of authority to Director for approval of future program amendments

Questions? Jason Robinson - NC Division of Water Quality Nonpoint Source Planning Unit Jason.t.robinson@ncdenr.gov 919-807-6439 DWQ Jordan Lake Website: www.JordanLake.org