Morrisville UDO Administrative Manual - July 2016

Part 3. Outside Agency Permits and Approvals 3.2 State Agency Permits and Approvals

North Carolina Department of Environmental Quality Permits and Approvals

The North Carolina Department of Environmental Quality (NCDEQ) is responsible for planning and regulating activities affecting the state’s natural resources. The Environmental Management Commission (EMC) oversees and adopts rules for several NCDEQ divisions, including the Divisions of Water Resources, Air Quality, and Energy, Mineral, and Land Resources (DEMLR). As a major component of North Carolina’s water resources protection initiatives, State law requires the preservation of vegetated buffers along surface waters located within water supply watersheds and within certain major river basins. All of Morrisville is located within either the Neuse River Basin or Lake Jordan Watershed, and is subject to State law requirements for riparian or water supply watershed buffers. The EMC has delegated its authority to administer such buffer regulations to the Town (through Article 6, Riparian Buffers, of the UDO). The EMC has also delegated to the Town its authority under the federal Clean Water Act to regulate major aspects of stormwater management and illicit discharges and connections to stormwater conveyances (through Article 7, Stormwater Management, of the UDO). Although the Town is now responsible for administering riparian buffer and stormwater management regulations in Morrisville, the EMC still retains authority to decide major variances and appeals relating to the Town’s administration of those regulations. The NC Division of Water Resources (NCDWR) processes appeals to the EMC and monitors the Town’s effectiveness in administering and enforcing riparian buffer regulations. DEMLR oversees the Town’s effectiveness in administering and enforcing stormwater management regulations. NCDWR, in coordination with the US Army Corps of Engineers (USACE), also regulates wetlands and surface waters through the issuance of 401 permits (named after Section 401 of the federal Clean Water Act, which authorizes the wetland and surface water regulations). NCDWR also administers the rules governing public water supply systems. The NC Division of Air Quality (NCDAQ) issues air quality permits under authority of the federal clean air Act. Such permits may be required of developments that emit air pollutants. Under State law, the North Carolina Sedimentation Control Commission has delegated authority for approving erosion and sedimentation plans to Wake County (see below), but retains the authority to hear appeals of County decisions. The NC Division of Energy, Mineral, and Land Resources (NCDEMLR) administers the state’s erosion and sedimentation control laws and regulations. It also regulates mining and dams.

Morrisville, NC

July 1,2016 Page 3-27

Administrative Manual