The responsibility for administering the state's stormwater regulations is shared by two divisions of the DEQ. These divisions are the Division of Coastal Management and the Division of Energy, Mineral, and Land Resources.
(1) The Division of Coastal Management administers the Coastal Area Management Act (CAMA). CAMA's goal is to protect areas of environmental concern (AEC), which are fragile areas where incompatible development may result in irreversible damage. CAMA identifies four broad categories of AEC's: estuarine systems, ocean hazard areas, public water supplies, and natural and cultural resource areas. Within these broad categories, there are 14 subcategories. The subcategories that are most applicable to the village are: coastal wetlands, estuarine waters, estuarine shorelines, public trust areas, ocean erodible areas, high hazard flood areas, inlet hazard flood areas, and unvegetated beach areas. Any structure to be built in an AEC must be permitted by the Division of Coastal Management and must meet use standards adopted under CAMA and provided in l5A NCAC 7H .0208. For a development in an AEC to be approved, it must be water-dependent and must minimize impacts to the area's soil and ecology. Some examples of water-dependent uses include bulkheads, piers, and marinas.
(2) The Division of Energy, Mineral, and Land Resources administers the Sedimentation Pollution Control Act. This Act requires developers to prepare erosion and sediment control plans for developments that disturb one acre or larger. The plan must describe the temporary and permanent control measures the developer will use to prevent accelerated erosion and off-site sedimentation. Erosion and sediment control plans must meet certain site performance standards, including restabilization of construction sites within a reasonable time period, maintenance of a buffer along any natural watercourse or lake, and protection from certain storm intensities. This Act gives local agencies the authority to inspect land disturbing activities and to prosecute violators.
The Division of Energy, Mineral, and Land Resources also administers the state stormwater management program set froth in 15A NCAC 2H 1000 et seq. This section of the administrative code regulates the density of developments and mandates standards for engineered stormwater controls. The regulations include requirements for non- residential developments with built-upon area of more than 10,000 square feet, along with any development that requires a CAMA major permit.
(Ord. of 5-20-2000, § 6; Ord. No. 2016-1202, 12-16-2016)