Agenda - 01-21-2016 - 6-a - Minutes

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12 1 2 (d) The Commission shall review each stormwater management program submitted by a State 3 agency or unit of local government and shall notify the State agency or unit or local government 4 that submitted the program that the program has been approved, approved with modifications, 5 or disapproved. The Commission shall approve a program only if it finds that the standards of 6 the program equal omod-those of the model program adopted by the Commission pursuant 7 to this section. 8 9 • Section 4.20.(c) No later than March 1, 2016, a State agency or local government that 10 implements a stormwater program approved pursuant to subsection (d) of G.S. 143- 11 214.7 shall its current stormwater management program or a revised stormwater 12 management program to the Environmental Management Commission. No later than 13 December 1, 2016, the Environmental Management Commission shall review and act on 14 each of the submitted stormwater management programs with subsection (d) of G.S. 15 143-214.7, as amended by this section. 16 17 Streams (map) 18 19 Michael Harvey continued the PowerPoint presentation: 20 Session Laws 21 • Session Law 2015-246 (H44) RIPARIAN BUFFER IMPACTS: 22 — Local governments are prohibited from adopting, implementing, and enforcing 23 riparian buffer (i.e. stream buffer) regulations that exceed State requirements. 24 Unless... 25 — If a local government wants to be more restrictive, then: 26 • Represents a condition of a permit, certificate, or other approval issued by 27 a Federal or State agency 28 - STAFF COMMENT: Does not apply. 29 • Was enacted prior to August 1, 1997 and meets specific criteria 30 - STAFF COMMENT: Our regulations were not adopted using 31 that criteria. 32 However.... 33 "Submission of a scientific study providing documentation on the need for increased/more 34 restrictive standards based on local physical and environmental conditions." 35 STAFF IS WORKING ON FINALIZING A PROPOSAL ON THE SCIENTIFIC STUDY. STAFF 36 IS ALSO REVIEWING OTHER OPTIONS WITH STATE OFFICIALS TO DEMONSTRATE 37 OUR ORDINANCE IS ALREADY COMPLIANT WITH THE LAW 38 UDO amendments may be inevitable to ensure compliance with new State Law. 39 40 Recommendation: 41 The Manager recommends that the Board receive the information and provide comments: 42 • Stormwater Rules: Collaborate with the Attorney's Office and seek guidance from NC 43 DEMLR and DEQ as to what "rules Orange County should default to, if we need to 44 amend present UDO Jordan Lake nutrient regulations 45 • Riparian Buffers: Proceed with study to justify present standards. 46 47 Commissioner Dorosin asked if there were some typical uses for the number 57 ASTM 48 stone. 49 Craig Benedict said it could be used for a temporary parking area, with very intermittent 50 driving. He said this type of gravel is so loose that it would fall out of location if driven upon. He 51 said it is sometimes used where someone may want to have a reservoir underneath sub-grade.