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48 <br /> 11/23/15 Page 2 of 4 <br /> BOCC Effects of SL 2015-286 (HB 765) on Orange Co. <br /> 2. Session Law 2015-286 (HB 765) amends the laws governing isolated wetlands. <br /> a) Regulated discharges to isolated wetlands and isolated waters were <br /> modified by this legislation to apply only to Basin Wetlands and Bogs <br /> and no other wetland types and shall not apply to an isolated man-made ditch <br /> or pond constructed for stormwater management purposes or any other man- <br /> made isolated pond. <br /> b) No later than March 1, 2016, the EMC is to establish three zones (Coastal, <br /> Piedmont and Mountain) for purposes of regulating impacts to isolated <br /> wetlands. Orange County is in the Piedmont. Our threshold for impacts <br /> not requiring mitigation will be less than or equal to one-half acre of <br /> isolated wetlands. Mitigation requirements for impacts to isolated <br /> wetlands greater than this threshold shall only apply to the amount of <br /> impact that exceeds the threshold. The mitigation ratio remains the <br /> same (1:1). <br /> c) Impacts to isolated wetlands shall not be combined with the project impacts <br /> to 404 jurisdictional wetlands or streams for the purpose of determining when <br /> impact thresholds that trigger a mitigation requirement are met. <br /> d) These regulations have a "delayed effective date" per as provided in G.S. <br /> 15013-21.3, which is full of entirely confusing language. Most likely, these <br /> regulations will become effective sometime during the 2016 spring <br /> session of the General Assembly. <br /> e) The Department of Environment and Natural Resources (DENR) is directed to <br /> study a number of issues surrounding "isolated wetlands" and report its <br /> findings and recommendations to the EMC on or before November 1, 2014. <br /> The year of this date must be in error, as it predates the ratification date. <br /> The implications are that this study could reverse or amend the very rules <br /> discussed above. It almost reads as if the legislators are saying, "please <br /> confirm our direction". <br /> 3. EMC development deadline for developing fast-track permitting for stormwater <br /> management systems has been pushed back to November 1, 2016. NC DEQ <br /> has staff working on this. Their current direction is paired with the <br /> development of the Minimum Design Criteria (MDC), which applies to the <br /> Best Management Practice (BMP) Manual. The MDC are currently <br /> published and are undergoing public review. We assume there may be <br /> some eventual downstream implications for Orange County to implement a <br /> clone process. <br /> 4. Apparently effective immediately, as no effective date paragraph was included. <br /> §143-214.7 Stormwater runoff rules and programs is modified to allow <br /> "...any acceptable engineering hydrologic and hydraulic methods." (Genesis and <br /> intent unknown; other related provisions do not apply in Orange County.) <br /> SA2 Boards\BOCC\2015 Public Hearings\Nov QPI-nWork Session Iterns\2015 Session LaNvEtfects�Att2-ImpactsOt5L2015-286(HB765)EC-SW-ProgramOfOC-111215.doc <br />