[From the U.S. Government Printing Office, www.gpo.gov]
A Guide to Protecting Coastal Waters Through Local Planning -4~~~~~~~~~~~ek ---------- TD 224 Division of Coastal Management . NS North Carolina Department of Natural Resources and Community Development G8 5 1 986 CZIC NOA WORM WIASHTIjGToiVOC 202,35 U.S. DEPARTMENT OF COMMERCE NOAA COASTAL SERVICES CENTER 2234 SOUTH HOBSON AVENUE 'HARLESTON, SC 29405-2413 A Guide to Protecting Coastal Waters Through Local Planning Property of CSC Library Cn Division of Coastal Management North Carolina Department of Natural Resources and Community Development 1986 Reprinted 1988 Contents Introduction The Importance of Protecting Coastal Water Quality I Chapter One The History of Water Quality Protection 5 Chapter Two The Basics of Water Quality 9 The Hydrologic Cycle 10 The River System 13 The Estuarine System 13 The Groundwater System 15 The Groundwater-Estuarine Connection 15 Coastal Water Pollutants 17 Nutrients 17 Fresh Water 17 Bacteria 17 Sediment 18 Saltwater Intrusion 1 8 Temperature I18 Toxic Substances 18 Water Purification 22 Soil 22 Wooded Uplands 23 Wooded Swamps 23 Tidal Wetlands 25 Chapter Three Land Use Planning to Protect Coastal Water Quality 27 How Land Use Plans Work 29 Designing a Land Use Plan to Protect Water Quality 30 The Community's Reliance and Effects on Water Resources 30 The Water Resources 30 Water Quality Concerns Leading to the Development of Policies and Implementation Strategy 30 Government Coordination 3 1 Public Spending and Land Acquisition 3 1 Management of Development 3 1 Public Education 3 1 Implementing a Land Use Plan 33 Basic Regulations 33 Traditional Zoning 33 Subdivision Regulations 3 3 Regulations Related to Off-Site Facilities 3 4 Planned Unit Development and Cluster Zoning 34 Capital Improvement Budgets 34 Complex Regulations 34 Special or Conditional Use Permits 3 5 Performance Zoning 35 Local Environmental Impact Ordinances 35 For More Information 35 Appendix One Sample Regulations 37 Appendix Two State and Federal Laws to Protect Water Quality 49 Glossary Coastal Water Quality and Ecology Terms 57 Bibliography For Further Reading 61 Figures Figure I The Hydrologic Cycle I1I Figure 2 Watershed System 12 Figure 3 The Food Web 14 Figure 4 Potential Groundwater Supply Problem Areas 16 Figure 5 The Groundwater-Estuarine Connection 19 Figure 6 Coastal Water Pollutants and Effects 21 Figure 7 Typical Changes in Runoff Flows Resulting from Paved Surfaces 24 Figure 8 Examples of Best Management Practices 32 Introduction The Importance of Protecting Coastal Water Quality AreA w npopular bumpersticker a few years ago found elsewhere in the state. Social traditions, read "No wetlands, no seafood." It individual attitudes, and personal attachments could just as accurately have said, "No clean are inseparable from the waters that have in- water, no seafood." Indeed, without unpolluted fluenced them. water, the coastal area would no longer provide There is no price tag for the pleasure of seeing the seafood, recreation activities, and lifestyles shorebirds wade along a fringe of marsh, but that people have increasingly come to enjoy. that experience is valuable nonetheless, as is the sense of security people receive from their emo- Almost every aspect of life in the coastal area tional connections to coastal lands and waters. is related to water in some way. Fish and Although people may not always be aware of shellfish - the basis of much of the region's these connections, they are essential to the over- economy - are so easily affected by the water in all quality of coastal life. which they live that pollution can contaminate or kill them. People depend on pure water for Although the degradation of coastal waters drinking, cooking, and cleaning, and often, their damages most aspects of life in the coastal area, livelihoods as well. Less obvious but just as im- pollution is continuing to occur. A 1984 survey portant are the ties people have to the water. In of water quality trends found that water quality the coastal area, water is a personal point of is declining throughout the coast. Three of the reference, the foundation for a way of life. six major estuarine systems in the coastal area have more than 30 percent of their waters closed Two economic activities, commercial fishing to shellfishing. Severe algae blooms indicate a and tourism, illustrate the importance of water worsening nutrient problem that can result in quality. The size and variety of the commercial fish kills and declining fishery productivity. fishing catch is influenced by water conditions, and 95 percent of the commercially important Reductions in the striped bass fishery in the finfish and shellfish depend on the estuaries Albemarle Sound, for example, are thought to during some stage of their lives. The N.C. be the result of algae blooms that smother fish Division of Marine Fisheries estimates that the larvae and prevent the growth of other plants 1987 dockside value of North Carolina's com- that would be used for food. Although point mercial fishery was worth $65.6 million. Added source pollution - typically discharges from fac- to this figure is the value of the related in- tories or sewage treatment plants - has been dustries that process, transport, and sell fisheries reduced, nonpoint source pollution - the pollu- products to the consumer. tion that comes from more diffuse sources such as leaking septic tanks and stormwater runoff- The tourism industry also relies on clean seriously threatens the continued health of coast- water. People come from all over the country to al waters. boat, swim, and fish in North Carolina's coastal waters. In fact, visitors to the coast in 1987 What can be done to ensure that coastal water spent more than $1 billion. By preserving water quality - and traditional coastal lifestyles - are quality coastal communities can protect the protected as more people move to the coast and resource that brings people to the area in ever-in- use of its resources increases? creasing numbers. There are several ways to address coastal Water provides more than an economic foun- water quality problems. Regulations, for in- dation for the coastal area, however: it has stance, are used to limit some types of pollution shaped the area's history and culture. The rivers, that enter water systems from specific sources. streams, and sounds have created a unique However, a narrow regulatory approach does natural system that defines a way of life not not encompass all the complex, interrelated 2 water quality problems. Dealing with the effects ning process. Land use planning enables corn- of nonpoint source pollution is especially corn- munities to protect water resources by adopting plicated because the origins of the pollutants are practices that will prevent problems from occur- so diverse that they cannot be easily measured ring. Planning also establishes a framework that or strictly regulated. can be used to resolve existing problems before they become severe. This saves the money that To thoroughly address water quality problems, would be needed to remedy the problems and a combination of activities such as land use plan- prevents the loss of fisheries, tourism, agricul- fling, best management practices for fanming ture, and forestry revenue. and forestry, acquisition of natural areas for con- servation, and public education must be used in This handbook consists of three chapters. The addition to regulation. Of these activities, land first chapter describes the history of efforts to use planning can play a unique role in resolving protect water quality. The second chapter ex- water quality problems. Indeed, land use con- plains the dynamics of water systems, how they trols may be the most cost effective method for can be polluted, and how coastal natural areas reducing some types of pollution, such as urban can reduce that pollution. The final chapter il- stormawater runoff. lustrates how land use planning can be used to prevent the degradation of coastal water quality. The objective of this guide is to provide basic Major state and federal laws related to water information about coastal water quality quality and sample ordinances are described in problems and how local communities can deal the appendices. with those problems through the land use plan- 3 Chapter One The History of Water Quality Protection lthough water quality problems have By the 1970s water pollution was more than a only become the focus of public atten- sewage disposal problem: toxic chemicals from tion and intensive action since the late 1960s, manufacturing, housecleaning, agriculture, and water pollution has historically occurred both in urban streets were contaminating ground and North Carolina's coastal area and throughout the surface waters. Public concern over the per- country. Discharging untreated sewage into vasive pollution of the nation's waters led Con- waterways was a standard practice since the gress to enact several laws to clean up that country was first settled, and industries have pollution. long relied on water bodies for waste disposal. Congress addressed point source pollution primarily by establishing the National Pollution As towns and cities grew, engineers and scien- Discharge Elimination System and giving funds tists realized that the discharges were beginning to communities (most of which went to large to exceed the ability of water bodies to dilute un- cities) to construct waste treatment plants. Most treated wastes. By the late 1800s waste treat- treatment plants still continued to rely on dilut- ment systems were being developed to improve ing the wastewater in surface waters, however. the appearance and smell of urban waters, and in 1915 the first primary-secondary sewage treat- Although the regulation of industrial and ment system was completed. This system fil- municipal waste discharges and improved waste tered solid materials, allowing wastewater to treatment practices eliminated much of the bac- flow into lakes and streams. Scientists at that terial contamination of water supplies, those time believed that wastewater could be diluted changes did little to address the problem of toxic by a body of water to the point that it would be chemicals. Furthermore, the treatment plants in harmless. smaller towns and leaking septic tanks con- tinued to be a problem that received little atten- In the 1940s, studies in highly urbanized areas tion. such as Philadelphia found that rivers might not be able to handle the wastes that were being dis- Congress recognized that stormwater runoff charged into them. The Delaware River was so and other nonpoint sources of pollution were badly polluted that the waters in Philadelphia's also important, and adopted regulations that re- harbor were eating the paint off ships' hulls. To quire separation of stormwater from wastewater protect their workers, shipping companies to avoid the overflowing of treatment plants threatened to use other ports. In many areas during rainstorms. States were also given grants people were discovering that the fish they had al- to design plans for managing nonpoint source ways caught were either dying or leaving their pollution, but the management practices sug- native waters, to be replaced by species that gested in the plans were not mandatory, and no could tolerate the pollution. formal regulations for stormwater treatment have ever been adopted. The tightening of Outbreaks of serious illness began to occur federal budgets in the 1980s decreased the fund- throughout the country during the 1960s. Many ing of wastewater treatment plants and further of the illnesses were traced to the bacteria and placed the burden of dealing with stormwater on viruses in public drinking water supplies. In local government. 1969 a nationwide survey found that 41 percent of the water supplies examined were delivering In 1978 the Nationwide Urban Runoff water that did not meet federal health standards. Program was created by the Environmental Ten percent of the groundwater supply systems Protection Agency to determine the significance were also found to be contaminated. of pollution from stormwater runoff. In coastal and estuarine areas, the effects of stormwater were found to vary. In places with a particular 6 need for clean water, such as sheilfishing areas, tides. The fishing, boating, and tourism in- stormwater runoff was found to be a very dustries may thus suffer serious consequences serious problem. from these pollutants. This is especially true in large, slow-moving Beyond the issues of sewage treatment and water bodies like the sounds along the North urban runoff there are many other factors adver- Carolina coast. The addition of wastewater or sely affecting water quality today. Problems as- stormwater to those waters has been found to sociated with sanitary landfills, toxic waste have serious long-termn effects because certain disposal, acid rain, and leaks from underground pollutants are not readily flushed out by ocean storage containers are all pollution sources con- tributing to declining water conditions. 7 Chapter Two The Basics of Water Quality hat does "protecting water quality" The Hydrologic Cycle mean? What exactly requires protec- tion? The term "water quality" refers collective- Water is constantly in motion, whether as a ly to the physical and chemical characteristics of gas or a liquid. Its movement may be seen easi- ly in the form of rain or snow, or it may be in- water systems that enable those systems to sup- water systems that enable those systems to sup- visible as it soaks into the ground or evaporates port life. Therefore, what must be protected are into the atmosphere. This movement of water, into the atmosphere. This movement of water, the basic natural features of estuarine, riverine, from the clouds to the earth and back again, is and groundwater systems that the various forms called the hydrologic cycle. of life in the coastal area depend upon to exist. The cycle begins with the sun's energy warm- The estuarine system, for example, is defined ing the earth's exposed waters, causing evapora- by certain characteristics - salinity, temperature, tion. The vapor rises into the atmosphere and tides, and the like - to which the plants and condenses to form clouds. The moisture in the animals that live there are specially adapted. If clouds then falls to the earth as rain or snow. the characteristics of the estuary that make it habitable for those creatures are changed, then When water reaches the ground, it can take the plants and animals may not be able to lc nteceksras n iesta vn the plants and animals may not be able to three main paths: it can run off the land and col- reproduce as successfully or they may die. tal lwt h ca;i a nitaetesi reproduce as successftilly or they may die. lect in the creeks, streams, and rivers that even- These conditions - necessary for the estuarinesufcrhagngondtersrvi;ad These conditions - necessary for the estuarine tually flow to the ocean; it can infiltrate the soil system to support life - are what must be main- surface, recharging groundwater reservoirs; and tained if the estuarine system is to continue to be it may be absorbed into the topsoil to be used by the basis of life in the coastal area. the basis of life in the coastal area. plants. (This water is eventually returned to the atmosphere through the process of evapo- Likewise, protecting groundwater quality re- transpiration: the evaporation of water from quires that aquifers - underground reservoirs of land surfaces plus transpiration, the water given water that provide the majority of fresh water off by the roots and leaves of plants.) for human consumption in the coastal area - must be able to replenish themselves and are not Although many factors affect the course water contaminated by chemicals, sewage, and salt fcos-adteoedrcl nlecdb contaminated by chemicals, sewage, and salt travels on the ground, one of the most important water. If groundwater quality is not maintained, factors - and the one directly influenced by the lack of fresh water will severely limit a wtrflso nitre rud afo twl the lack of fresh water will severely limit a people - is the type of surface water lands on. If community's ability to grow and its use of water waterfalls on undisturbed ground, half of it will for drinking, cooking, cleaning, farming, and for drinking, cooking, cleaning, farming, and seep into the ground and the rest will either run off or evaporate. other routine activities, off or evaporate. The key to protecting water quality, then, is to If water falls on a paved surface or on ground understand how coastal water systems work. that has been thoroughly saturated, a portion That understanding enables us to recognize the will evaporate and the remainder will collect features of natural systems that are essential to and flow downhill. Water runs off paved, or im- the continued health of the coastal area and how pervious, surfaces faster than unpaved surfaces, these systems are vulnerable to damage. With reducing evaporation and infiltration. As water this knowledge care can be taken to avoid such moves across the ground or pavement it can damage. This chapter explains the basic charac- pick up dirt, chemicals, and other pollutants and teristics of coastal aquatic systems and the pol- carry them into streams and sounds. lutants that can affect them. 10 PRECIPITATION I T 44 E VAPORATION FROMTRANSPIRATION ELAOAIND SUFACE BY PLANTS I TRANSPIRATION OP 1p ~ ~~~~~~~~~~~~~~~~~~~BY PLAN'TS EVAPORATION EVAPORATION .............. ~ ~~~~~~~FROM ESTUARY FROM OCEAN BARRIER ISLAND & ESTUARYOCA ~~~~~~~~~~~~~~~~~~~~~~FRESHWTE TO DEEP AQUIFERS TRSTWAE Figure 1 The Hydrologic Cycle The drainage of a watershed begins as small streams and brooks are formed by rain water running off the land surface. Brooks and small streams join to form larger streams and rivers, all flowing downhill. Finally, the river's fresh water mixes with the salt water of the ocean,creating estuaries. Figure 2 Watershed System 12 The River System North Carolina has a wide variety of estuaries- there are tidal rivers like the Newport and Pam- The characteristics of water and its effects on lico, secluded lagoons like Rose Bay and daily life can be best understood by studying the Stumpy Point Bay, and shallow basins behind river basin where a community is located. A barrier islands like Bogue and Currituck sounds. river basin, or watershed, is the land area All of these estuaries have different salinity pat- drained by a river and its tributaries. temrns, tides, sediment types, and shorelines. The conditions within estuaries, especially salinity, A small creek running through a neighbor- change continually, so the organisms that live in hood may appear to be separate from the stream them must be adapted to those changes. that crosses another part of town, but they are connected. Creeks join to create larger streams, The combination of changing salinity patterns, forming a natural drainage network that carries shallow water, and marsh grasses provides rainwater off backyards, fields, and streets and physical protection and abundant food for the into rivers. Without this drainage system, land juvenile finfish and shellfish that use estuaries would stay wet or flooded. as nursery areas. Estuaries are one of the most productive natural systems on earth, accounting Rivers are moving water systems, and so are for the health and profitability of most commer- considerably different physically, chemically, cial fisheries. and biologically from standing water systems, such as lakes and sounds. Water currents and The very functions that make estuaries produc- other physical variations in parts of the same tive also make them vulnerable to pollutants. stream or river create different habitats and com- Just as estuaries efficiently trap and recycle the munities. These physical differences can also in- nutrients that support the estuarine food web, fluence the amount of oxygen in the water and they can also trap and recycle pollutants. what type of animals will live there. Pesticides and other toxic substances in As water circulates through a river system it runoff, for example, can be trapped, buried, and can carry pollutants to other parts of the water- re-introduced into the water at a later time. shed. This is why coastal residents may be con- Once in the water these substances can be taken cemrned about the activities of people living up by marine life and passed up the food chain, upstream in the piedmont. Although many sometimes to people. Comparisons of stream miles apart, they all live within the same water- bottom sediments showed concentrations of lead shed, and so can affect one another through their in urban streams ten times as high as in rural various uses of water. streams. Similar results have been found for other pollutants. Fortunately, estuarine systems The Estuarine System can also break down some pollutants by the same mechanisms used to degrade organic mat- Estuaries have often been called the "cradle of ter. Some persistent chemicals like DDT, life" in the coastal area, for they are the bodies however, will take decades to break down com- of water where fresh inland and salty coastal pletely and some, such as metals, can never waters mix, producing a nutrient-rich habitat for break down. plants, fish, and other coastal creatures. North Carolina's estuarine system, the third largest in Pollutants can affect estuaries in a multitude the United States, encompasses 2.3 million acres of ways. Some of the effects are obvious, such of tidal streams, rivers, and sounds. as fish kills and algae blooms; other impacts are invisible. The loss of lower organisms in the 13 7 4 Energy From Sunlight Barrier Island Ocean . , / Estuary Salt Water Marsh Phytoplankton Producers Inorganllic Nutrients ) a~/5 Consumners }} ~ Decomposers 1 / PRODUCERS Plants such as marshgralss. phytoplhlkton, and marine grasses make their own food from the sun's energy and inorganic nutrients such as nitrogen and phosphorus. CONSUMERS Animals can't produce their own food :Ind so nmust Zolplmankton eat plants and other animals to obtain nutrition. DECOMPOSERS Bacteria and fungi break down detritus Iand other organic debris to inorganic nutrients which can then be recycled through the estuary. Figure 3 The Food Web 14 food web, slowed rates of reproduction, and dis- The porosity of an aquifer can also affect pol- ease may not immediately kill fish, but they can lution. For example, the siting of septic tanks in lead to the decline of a fishery, as well as lower the coastal area where the water table lies just its resistance to other diseases and pollutants. below the sandy soil has created problems. The porous sand does not retain the wastes as long as The Groundwater System other soils do, and it lacks the organic material and microbes that will trap and treat pollutants. When water seeps into the ground it is either Thus the potential for bacteria to contaminate absorbed by the soil or it passes through the soil water supplies is increased. to become part of the groundwater supply. The sand, gravel, and rocks that allow water to col- Groundwater is difficult to clean once it has lect and move through them are called aquifers. been polluted. In many cases it is technological- ly impossible to purify groundwater, and where The water level in an unconfined or "water it is possible it is usually prohibitively expensive. table" aquifer will rise and fall depending upon the amount of water stored in the ground. The The G rou ndwater-Estuarine recharge of this aquifer occurs through porous Connection soils when it rains. Although this type of aquifer will recharge relatively easily, pollutants Although the dynamics of groundwater and es- can seep into it just as easily. tuarine water systems are different, the two are interrelated. To maintain the quality of all the The second type of aquifer is called a confined waters of the coastal area, it is necessary to or "artesian" aquifer. This is a complex water recognize the connection between aquifers and system formed by layers of various types of estuaries, for there are certain practices that will rock and clay. The water in this aquifer moves protect both water systems. through the earth under pressure rather than simply by gravity. Recharge to the confined Groundwater in water table aquifers eventual- aquifer takes place only in certain areas and ly flows into a stream, river, lake, or sound. Al- depends on the difference in pressures between though some of the contaminants in the the water table aquifers, so it is less likely to get groundwater may be dispersed as the water polluted, unless pollution sources are located in flows through the aquifer, some pollutants will recharge areas. Artesian aquifers provide a still reach the water body. Therefore, it is pos- more constant water supply in terms of volume sible for groundwater contamination to affect es- and quality than water table aquifers. tuarine waters as well. It is also possible for pollutants in estuarine waters to flow back into The dynamics of groundwater movement are the underlying aquifer. Salt water will do this, extremely complicated. In essence, for instance, if the aquifer is not replenished. groundwater moves downward, following the slope of the water table (not the land surface) There are also several activities in the coastal from its highest level to its lowest. The water area that affect both ground and estuarine slowly filters between the rocks or soil that com- waters. For example, land clearing - whether pose the aquifer, usually at a rate of a few inches for forestry, agriculture, or construction - ex- a day. This slow movement keeps any pol- poses the ground, increasing the amount of soil, lutants from being quickly diluted. Therefore, a fresh water, pesticides, and fertilizer that run off well located down-slope from a source of pollu- into the sounds. Due to the increased runoff the tion could be contaminated by the groundwater disturbed land will retain less water, thus depriv- flow that still contained concentrated pollutants. ing the aquifer of the water it needs to recharge. 15 / ~~Areas where the use of groundwater may require coordination, limited regulation, or / protection in order to ensure ample future supplies E ~~~Areas where future water supplies may be very costly to provide Figure 4 Potential Groundwater Supply Problem Areas 16 It is also more likely that pesticides and fer- This problem, called eutrophication, is il- tilizer will pollute the aquifer, because there is lustrated by the algae blooms which have been less groundcover and organic material to filter worsening in North Carolina's coastal rivers. out pollutants. Even stormwater collection sys- The blooms, which have occurred on the tems designed to eliminate runoff problems may Chowan River for several years, have recently pollute the aquifer. In areas where the soil is begun to happen on the Pamlico and Neuse sandy and the water table is high, the pollutants, rivers as well. concentrated by the collection system, may enter the aquifer. A problem that is related to eutrophicati on is the reduction of dissolved oxygen in coastal One apparently simple action - clearing a lot waters. As organic matter (such as dead plants to build a house - when multiplied many times and algae) decays it uses dissolved oxygen, over along the coast can create a series of water reducing the dissolved oxygen available for quality problems. Therefore, the key to protect- other aquatic life. Such a reduction in dissolved ing coastal water quality is to recognize that oxygen can cause fish kills. This is especially a many factors may cause water quality problems. problem in summer because warmer waters con- It is important to recognize the connections be- tain less oxygen. tween different coastal water systems to prevent problems from occurring. There are a number of sources of nutrients throughout river basins: industrial and boat dis- Coastal Water Pollutants charges; agricultural, forestry, and urban runoff-, sewage treatment and package plants; septic In coastal North Carolina, nutrients, fresh tanks; and animal feedlots. water, and sediment are serious problems, and every year more shellfish beds are closed due to Fresh Water bacterial contamination. Saltwater intrusion is Large volumes of fresh water running off a major concemn for barrier island communities cleared lands, drained wetlands, and impervious that rely on local groundwater. The problem of surfaces can change the salinity patterns in es- temperature (or thermal pollution) and toxic sub- tuaries. These patterns are often altered sudden- stances will become a greater problem as more ly and for short time periods as water runs off industry moves to the coastal area. the land in slugs after a storm. This section describes these major coastal pol- Salinity is one of the variables of the estuarine lutants and their sources, and how they can af- system to which marine organisms are specially fect coastal water systems. This is only a brief adapted. Therefore, a change in salinity patterns overview of the primary causes of coastal water can alter the estuarine habitat - and primary quality problems. For more information, see the nursery areas in particular - causing poor bibliography at the end of the book. reproduction, slowed growth, or death of juvenile organisms. In North Carolina, a direct Nutrients link has been found between fresh water flowing When detergents, fertilizers, and human and into nursery areas at key stages in shrimp animal wastes enter coastal waters, they add growth and declines in shrimp harvests. nutrients - principally nitrogen and phos- phorous - to carefully balanced natural systems. Bacteria The increased nutrients can cause certain Disease-carrying bacteria and viruses (or aquatic plants to grow so extensively that they pathogens) associated with human and animal suffocate fish and other marine organisms and wastes can contaminate seafood, drinking water, block out the plants on which they feed. and swimming areas, threatening both human 17 health and the economy of the coastal area. Saltwater Intrusion Eating contaminated shellfish, or even swim- When groundwater resources are used exten- ming in pathogen contaminated waters can sively, it is possible to use more water than the result in hepatitis, a variety of gastrointestinal aquifer can replenish through infiltration. disorders, or infections. disorders, or infections. Without sufficient recharge of the groundwater, wells can go dry or saltwater from the estuaries For that reason the N.C. Division of Health Services recommends that contamrn i nated can be pulled to the aquifer. Salt-con- taminated water cannot be used for drinking or shellfish beds be closed, an action which can crop irrigation, posing a serious problem for have a significant impact on coastal economies. local communities and farmers. Currently nearly 20 percent of the shellfishing waters in North Carolina are closed and the num- For this reason, the Environmental Manage- ber of acres of closed waters increases each ber of acres of closed waters increases each ment Commission has the authority to designate year. "capacity use areas" - aquifers where withdrawals must be regulated in order to There are several sources of bacterial con- prevent the groundwater from being overused. tamination in the coastal area. Leaking septic tak*cnt gr od The one such area designated to date encompas- tanks can pollute both ground and estuarine ses a large portion of the coastal area. waters, as can septic tanks that are spaced too closely, placed on porous soils, or located in high water tables. Sewage treatment plants and package plants can fail, allowing wastes to enter Temperature is one of the physical characteris- surface and ground waters. Discharges of tics of the estuarine system that directly affects human waste from boats can contaminate es- the health of the organisms that live there. So, tuarine waters, particularly in marinas where although temperature is not a pollutant in the there is a concentration of boats in a small area. strictest sense of the word, the introduction of Animal feedlots and stormwater runoff can also heated discharges from manufacturing and cause contamination. electric generating plants into streams and rivers can affect aquatic organisms physically, biologi- Sediment cally, and chemically. Changes in the water's temperature can alter reproduction of fish, or Soil washing into coastal creeks, rivers, and susaci shh cause fish kills by decreasing the amount of sounds can clog waters, covering shellfish oxygen water contains. habitats and changing the composition of es- tuarine bottoms. The principal causes of sedimentation are natural erosion, dredging, and loss of soil through land disturbing activities By far the most complex and potentially devas- such as construction, agriculture, forestry, and tating threat to coastal waters is from toxic sub- peat mining, stances. Toxic pollutants of coastal interest mainly fall into four categories: heavy metals, In a 1979 study of water quality of urban petroleum hydrocarbons, pesticides, and other streams, Richard Klein found that soil erosion in inorganic chemicals. These pollutants are found urban watersheds is generally nine times as in many products in daily use and enter both es- great as erosion in rural watersheds. An acre of tuarine and ground waters in a variety of ways. land under construction may lose 20,000 to They can cause both long-term and immediate 40,000 times more soil than a wooded or cul- damage to human and aquatic life. tivated acre. Unfortunately, the sediment lost is usually the topsoil, the most productive part of the soil. 18 PRECIPITATION PESTICIDES, LAND SPREADING, LANDFILL PUMPING URBAN, IRRIGATION WASTE LAGOON, WELL AGRICULTURAL, AND SEPTIC TANK, SEWER PIT, BASIN FORESTRY RUNOFF PUMPING WELL CESSPOOL BARRIER Q * ~ESTUARY OCEAN CONFINED OR ARTESIAN AQUIFER (FRESH) NFINED OR ARTESIAN AQUIFER (S CONFINING ZONE E V INTENTIONAL INPUT UNINTENTIONAL INPUT DIRECTION OF WATER MOVEMENT 19 Some forms of toxic pollution have already oc- by higher organisms, the level of metal present cured in North Carolina's coastal area - most in the tissue is magnified. This is particularly a notably oil spills, pesticide runoff, leaking problem with some metals, such as mercury, landfills, and underground storage tanks. As the which remain in the environment for a long time region grows, this type of contamination is like- (even after the source of pollution is gone) and ly to become more of a problem. Not only will are readily absorbed by fish and shellfish. industrial discharges increase, so will the poten- tial for accidental spills and dumping. Treatment Synthetic Organic Chemicals systems have not been developed to remove Pesticides, paints, household cleaners, and toxic substances from either wastewater or toxic substances from either wastewater or hundreds of other products in daily use contain stormwater (many of which will not break down synthetic organic chemicals - manufactured over time) in estuaries may cause long-term compounds that can be extremely toxic and may physical and economic damage. remain in the environment for long periods of ~~~~~~Heavy Metals ~time. These chemicals run off cultivated fields, forest nurseries, lawns, streets, and golf courses. Heavy metals, such as lead, chromium, and They also are discharged in industrial and mercury, are inorganic elements that cannot be municipal effluent and can be spilled accidental- broken down or degraded. They are found in ly or dumped illegally, contaminating both es- the fuel and exhaust of automobiles and motor- tuarine and ground waters. boats, industrial emissions and discharges, sewage treatment plant effluent, landfill wastes, Although the EPA estimates that there are stormwater runoff, and in soil. more than 70,000 synthetic compounds in in- dustrial use - and a thousand more introduced Groundwater supplies may be polluted by every year - their effects on human and aquatic leaching from landfills or treatment lagoons, life are barely known. Only a small percentage chemical spills, or from movement between of the chemicals have been tested to determine ground and surface waters. Land disturbing ac- whether or not they cause health problems. The tivities such as construction, mining, forestry predominant effects that are known, however, and agriculture can release heavy metals - many are cancer, birth defects, and chronic illness. of which occur naturally in the soil - into the water. Urban stormwater runoff is a particularly A particular problem in determining the ef- significant cause of heavy metal contamination fects of synthetic organics on the environment is of ground and estuarine waters. A number of that the EPA's water quality criteria are studies of North Carolina waters have found me- developed by laboratory testing of single chemi- tals at levels high enough to affect aquatic life. cals. This does not take into account the poten- tial of different chemicals to interact with each Heavy metals can affect human health and other in ways that magnify their toxicity. natural systems in a number of ways. Lead ex- posure, for instance, can cause mental retarda- Petroleum Hydrocarbons tion and brain damage in children and has been Oil, gasoline, and coal release petroleum linked with miscarriages, birth defects, and in- hydrocarbons into coastal waters in a variety of fant deaths. Copper, one of the metals found in ways. Automobile and boat exhaust, motor oil at least 90 percent of urban runoff samples, is as- and grease, power plant emissions, industrial dis- sociated with liver damage. charges, accidental spills, illegal dumping, and leaking underground storage containers all bring Some metals may accumulate in the tissue of petroleum hydrocarbons into ground and surface fish, and so may be consumed by people. As or- waters. waters. ganisms at low levels of the food chain are eaten 20 Pollutant Source Effect On Coastal Waters Petroleum Hydrocarbons Fuel exhausts Spills can kill aquatic life, damage beaches, and Motor oil and grease permanently destroy wetlands. Power plant emissions Runoff can be toxic to marine organisms - causing Industrial discharges death, disease, and reproductive problems. Spills and dumping Leaking underground storage containers Urban runoff Chlorine Water treatment plants Kills aquatic life. Swimming pool backwash Nutrients Agricultural forestry, and Enrichment of rivers and sounds (eutrophication) urban runoff resulting in algae blooms. Blooms can Sewage treatment and alter the food chain then decay, depleting package plants oxygen and causing fish kills. Eutrophication Septic tanks is also suspected of causing some fish Animal feedlots disease problems. Industrial and boat discharges Fresh Water Water running off impervious Changes salinity patterns in estuarine habitats, surfaces causing slowed growth or death of juvenile Land clearing organisms, or poor reproduction. Draining wetlands Channelization of streams Bacteria and Viruses Septic tanks that are spaced Contaminate shellfish waters, so consumption too densely, placed on porous of shellfish may cause disease. soils, located in high water Contaminate groundwater, so using for drinking tables, or that leak or bathing may cause disease. Sewage treatment or package Contaminate surface waters, so swimming plants may cause disease or infections. Boat discharges Animal feedlots Urban runoff Sediment Landclearing Clogs marine waters. Dredging Covers marine habitats, smothering Erosion some organisms. Causes turbidity in water, shading out producer organisms and altering the food chain. Temperature Factories Alters reproduction of fish. Electric generating plants Reduces dissolved oxygen which may then Erosion cause fish kills. Contaminates flesh water supplies used for drinking, irrigation, and the like. Heavy Metals Fuel and exhaust of motor- Accumulate in fish tissues and can be boats and automobiles passed on to humans. Industrial emissions and effluent Contaminate drinking water, causing brain Landfill wastes/leachate damage, birth defects, miscarriages, and Urban runoff infant deaths. Naturally in soil Hazardous waste disposal and spills Sewage treatment plant effluent Synthetic Organic Forestry, urban, and agricultural Cause cancer, birth defects, and chronic illness when Chemicals runoff consumed in contaminated water supplies or seafood. Industrial and municipal effluent Spills or dumping Figure 6 Coastal Water Pollutants and Effects 21 Oil spills on land or in the water can damage Soil coastal wetlands and kill or cause long-term Soil physically traps many suspended particles damage to marine life. Such spills may also as water filters through it. Bacteria, worms, and cause a loss of tourist revenue if shorelines are other soil organisms can break down other soil organisms can break down damaged. Although oiled sandy beaches can be biodegradable pollutants - some to usable cleaned (albeit at great expense), oil-con- cleaned (albeit at great expense), oil-con- nutrients or gases. Some substances can chemi- taminated marshes, mudflats, and estuarine bot- cally interact with or bind to soil particles. toms cannot. Chlorine The ability of soil to purify water depends upon the following conditions: Chlorine, an inorganic chemical, poses a par- ticular problem in the coastal area. It is com- * Whether or not water can penetrate the monly used in water treatment plants and soil. If the soil consists of impervious swimming pools and to disinfect wastewater. It clays or peats, or is already saturated, or if is very toxic to aquatic life and so is a serious the soil surface has been paved or covered, threat to coastal water quality. water will not be able to enter the soil. Water Purification . The soil characteristics. The amount of organic matter in the soil, its mineral com- Some of the sediments, chemicals, and other position, and the ratio of sand, silt, and pollutants that enter water systems may be clay-sized particles affect how well water removed by natural physical, biological, and is purified. Organic matter influences the chemical processes. Large particles may be type and number of existing bacteria and trapped by vegetation or soil as water percolates other organisms which can break down into the ground, or the particles may filter out as pollutants as well as organic material. Or- sediments settle on stream beds. The biological ganic matter can also hold certain types of decomposition and movement of organic matter pollutants such as metals. through the life cycle will also remove some sub- stances. Chemical interactions may also break * The depthfrom the soil surface to the down some toxic pollutants. water table. The ability of soil to remove bacterial contamination, degrade organic This section describes how these methods of materials, and vaporize organic matter is water purification take place within natural coas- greatly reduced when pollutants enter the tal systems. An understanding of the inherent water table. Too little space between the abilities and limitations of natural systems to soil surface (or the bottom of a water treat- remove pollutants is very useful for land use ment or detention system) and the water planning, because knowledge of those systems table enables pollutants to enter the water will enable communities to protect the areas that table more readily, thus reducing the soil's are exceptionally valuable in maintaining water purification ability. quality. quality. The type and variety of organisms in the The following outline describes how water soil. A variety of organisms can change pollutants are purified by soil, wooded uplands, nutrients and toxic substances into forms wooded swamps, and tidal wetlands. that may be used by other organisms, or made harmless. However, some toxic materials can destroy these organisms, reducing the capacity of the soil to purify water. 22 Wooded Uplands Wooded Swamps Trees, shrubs, and other plants along rivers Wooded swamps maintain both water quantity and sounds decrease pollution from different and quality. They moderate water flows, reduc- types of runoff very effectively. Wooded areas ing flooding downstream, as well as protecting are also critical for recharging groundwater and nursery areas from surges of freshwater runoff. preventing its contamination. The flat terrain of swamps and the plants that grow there slow water, allowing some pollutants A plant canopy catches rain and reduces the and sediments to settle out. Some pollutants force of rainwater striking and breaking up ex- may be buried by sediment, at least until physi- posed soil. Plants slow runoff flow, allowing cal or biological activity stirs up the sediments. large particles to settle out and water to seep into the soil and groundwater. Plant roots take The ability of wooded swamps to purify water up nutrients and physically increase the capacity depends upon these factors: of soil to absorb moisture by making it more porous, and by pulfing water out of the soil. - The amount of time the water spends Roots also hold the soil together, making the moving through a swamp. Water that land less vulnerable to erosion. moves slowly through a swamp is more likely to be purified through settling, The ability of vegetation to moderate the ef- evaporation, biological activity, or chemi- fects of runoff depends on the following condi- cal reaction than if it moves quickly. tions: Channelizing water through a swamp in- creases the rate of water movement which * The density of vegetation. Densely can cause large quantities of fresh water to wooded areas filter pollutants and absorb move rapidly into an estuary. This rapid water more effectively than sparsely movement of water can change estuarine vegetated areas. salinity patterns and adversely affect fish habitat, as well as decrease the amount of * The type of vegetation. Plants that fonn pollution that can be removed from the dense canopies and have deep roots, such water. as trees and shrubs, will trap more rain- water, draw more water from the soil, and *The amount of vegetation in a swamp. protect against soil erosion better than The plants in a swamp increase the rate of flowers and grass. water evaporation, take up water and nutrients, add organic matter, and slow � The slope of the wooded area. Water can water so that solids can settle out. Thus, move through wooded areas with steep the amount of vegetation in a swamp af- slopes too quickly for it to be absorbed by fects the ability of a swamp to purify the the soil or for pollutants to settle out. water that flows through it. * The width of the wooded area. Increasing *The ability of water to enter the swamp. the amount of vegetation and the distance Road construction, berms, spoil piles, and between development and the water other barriers reduce the quantity and decreases the amount of runoff that will movement of water through swamps. flow into a river or sound, and increases Water may either accumulate behind the the amount of water that can recharge the barrier, causing flooding, or it may move aquifer. Therefore, the wider the wooded around the swamp and directly into an es- buffer is, the more effective it will be in tuary. protecting water quality. 23 40% 38% EVAPO- EVAPO- TRANSPIRATION TRANSPIRATION 10% R UNOFF 20% RUNOFF 25% SHALLOW INFILTRATION 21% DEEP INFILTRATION NATURAL GROUND COVER 10% - 20% IMPERVIOUS SURFACE 35% 30% EVAPO- EVAPO- TRANSPIRATION TRANSPIRATION 30% RUNOFF 55% RUNOFF i~~_:~~~~~~: ~o% SHALLOW ~~15~~5% DEEP INFILTRATION 35% - 50% IMPERVIOUS SURFACE 75% - 100% IMPERVIOUS SURFACE Figure 7 Typical Changes in Runoff Flows Resulting from Paved Surfaces 24 Tidal Wetlands ~~~~~~~~The ability of tidal wetlands to purify water Tidal wetlands can filter pollutants in a num- depends upon the following variables: ber of ways. The wide, flat expanses of marsh -Teaiiyo padrnf olwe~n grasses and the decaying matter they produce ly through a wetland. Water runoff that is slow water, allowing solids to settle out and trap- diverted into channels moves too rapidly ping large particles. The mucky marsh soilsfoseinttoetlouororamsho als~~~o hv h bliytchmallutrakntow process organic matter. If water is chan- or hold some types of pluat.neled to only one section of a marsh, the One function of tidal marshes - and the reason marsh may not be able to assimilate the they are considered to be more productive than large volume of materials, or erosion may farmnland - is to break down dead plant and occur. animal matter that provides food for estuarine or- Tewtadssz n ye stesr ganeisms fourng tis pruoffmaeass the orokeni face area of a marsh increases, so does its maeiadound laing rutinoff thay cals be broednb capacity for filtering pollutants. This donlavnnurinstha plantb sedb capacity is also affected by how dense the marsh plants. ~~~~~~~~~vegetation is and how much peat is in its Although tidal wetlands are considered to be soil. very important for removing nutrients from The pollutant loads. Recent studies indi- runoff, they can only take up a limited amount cate that wetlands have a limited capacity of nutrients. Therefore, these wetlands should for removing pollutants, especially not be considered for use as a natural was- nutrients, from wastewater or runoff. tewater treatment plant. Likewise, the many When that capacity is exceeded, marshes beneficial functions of tidal wetlands can be lost discharge the excess pollutants into the sur- if the wetlands are damaged or destroyed. rounding tidal waters. 25 Chapter Three Land Use Planning to Protect Coastal Water Quality A ls the pressures to develop the coast in- use plans can be used to resolve conflicting crease, the need to protect water resour- water needs, and so provide for both water ces from contamination also increases. Federal quality and water use. and state agencies have only limited authority to provide that protection, but local governments By developing a plan that specifies how dif- avide that jpr ction, bt loclghovnmn ferent resources and natural areas within a com- have the jurisdiction - through zoning and poce pwejurisdi - tohroughl g andrs munity will be used, local governments can take police powers - to thoroughly address the wide a preventive approach to water quality variety of water quality problems and their sour- problems. This approach is farless expensive ces. Thus local governments must play a more and is likely to be more successful than correct- active and aggressive role in managing develop- ing a pollution problem after it has occurred. ment in order to sustain the health and produc- For instance, cleaning up contaminated tivity of coastal waters. groundwater can cost millions of dollars - one gallon of spilled gasoline alone can cost $150 to Land use planning offers local governments clean up. Likewise, a study of stormwater pollu- Land use planning offers local governments tion at Lake Tahoe found that planning was the just such an opportunity. A land use plan ex- tion at Lake Tahoe found that planning was the presses a community's vision of how it will least expensive method of protecting the lake presses a community's vision of how it will from degradation. develop - it is a design for locating businesses, from degradation. homes, and factories within the context of the Not only are corrective measures costly, there natural resources of the coast. In describing its are oreie ma es o thee are no reliable estimates of the losses which goals for the future through the land use plan, a cu relae timt t could result from water pollution damage to community can influence how water resources fresult r t ouis be t fisheries, agriculture, or tourism before the are used. If maintaining the quality of its waters re culde reol for the is one of the communlty's objectives, then the problem could be resolved. Unfortunately, there are also some types of pollution that cannot be land use plan can be written to reflect that desire. ea e p cleaned up. Land use plans are the most effective way to Land se plns ae themost ffecive wy toThe planning process allows the broadest pos- manage coastal water resources because they es- The planning process allows the broadest pos- tablish a framework that can resolve conflicting sible jurisdiction for local decisionmaking so that development can be overseen at the local resource needs, address potential pollution presouremds, adres poto ential pati watershed level. This is particularly important problems, provide for comprehensive water quality management, ienfcouragese of natural in dealing with nonpoint source pollution which quality management, encourage use of naturalisocmpethtnlcmrhnivmag- areas to protect water resources, and maintain is so complex that only comprehensive manage- the traditional aspects of communities. ment can adequately address all the associated problems simultaneously. Planning is also use- As the preceding chapter indicates, there are a ful in reducing the effects of point source pollu- multitude of needs for water in the coastal area, tion. Proper siting of industry, for example, will and sometimes those needs conflict. For ex- protect both ground and surface waters. ample, some of the most desirable land for Another advantage of land use planning is that residential development is immediately adjacent communities can develop policies for growth to coastal waters, often the same waters that th twlenu prt infarut that will ensure protection of water quality fishermen rely on to harvest seafood. However, without relying on technological approaches that water coming off the cleared and paved land and dn t elin tecoaal ara s do not work as well in the coastal area as in into the nursery or shellfish areas can drastically other parts of the state. For instance, structural alter the basic characteristics of those areas that corsru offscadtiops an controls for runoff, such as detention ponds and make them so productive. Therefore it is essen- cr rn chs donto pn a tial to develop ways to manage water from the recharge trenches, do not work well in the high land so coastal waters are not damaged. Land water table and sandy or peaty soils of the coast- al area. 28 Instead, land use plans can identify the most Perhaps the most important use of the land use appropriate uses for different areas according to plan is as a foundation for the preparation of their soil type, drainage patterns, vegetation, and local management tools. Zoning ordinances, availability of utilities. Development can be tar- subdivision regulations, and capital improve- geted to areas where natural drainage patterns ment plans gain support from a land use plan would be altered the least, the inherent abilities that effectively considers both the environmen- of soil, vegetation, and other natural features tal and development needs of the community. that protect water quality could be taken ad- Furthermore, should local ordinances be chal- vantage of, and existing sewage and water lenged in the courts, they will be much more facilities could be used fully. By working with defensible if they are consistent with the policies the natural characteristics of the land - instead of the land use plan. of ignoring them - people can continue to use, enjoy, and benefit from coastal waters. The ability of a local government to imple- ment the plan must be considered as the plan is Finally, planning can maintain the traditional drafted. Effective implementation involves cultural and aesthetic characteristics - and thus every local government agency. Local health long-term property values - of a community. and sanitation officials, sewer and water tech- Natural areas have many uses (such as wildlife nicians, permit officers, engineers, inspectors, habitat, parks, and flood control) that make com- planners, and ground maintenance personnel munities more attractive to residents and visitors will perform theirjobs better if they understand alike. By guiding development so that it ensures the policies of the governing board. Policies re- the integrity of natural areas, towns and counties lated to water quality, then, may become a can preserve the water quality necessary for the routine part of the community's activities. diversity of coastal economic activities. This chapter explains how the land use planning Under federal law and state executive order, process can be used to protect water quality. all federal and state plans, policies, and programs must be consistent with the North How Land Use Plans Work Carolina Coastal Management Program to the "maximum extent practicable." Local land use The planning process combines environmental plans are incorporated into the coastal manage- principles with community management to ment program; therefore, government agencies develop a course of action that anticipates must use the policies in the plans as a guide to problems and guides growth. The process does making decisions about grant and permit applica- not need to be complex, and, in fact, benefits tions. Local governments also use the plans for from simplicity. By approaching the issues at decisionmaking and, when issuing minor their basic level, the resulting land use plan will development permits under the Coastal Area be easier to implement and will gain in public Management Act, act in accordance with the understanding and support. plans. Protecting coastal water quality requires a Likewise, if an individual applies for a coastal coordinated effort between local, state, and management permit or some type of federal federal programs that uses a mixture of tech- authorization, the proposal will be examined for nological, regulatory, and planning measures. consistency with the local plan. If the proposal At the heart of such a cooperative effort is the is found to be inconsistent with the plan, the ap- local land use plan, an important link between plication can be conditionally approved or the various levels of government, denied. Plans can be amended or policies clarified as the goals of the local government change. 29 Land use plans also help to inform property allow adequate infiltration). owners and developers about the goals of the local government. By knowing where and how - Areas that currently rely on septic tanks the local government wants to develop, and and their distance from well sites and es- where it will be providing public facilities, tuarine waters. developers can make better decisions as they plan projects. Misunderstandings and confronta- - Known point sources of pollution such as tions can be reduced if the local government dis- industrial sites, wastewater treatment tributes plans to citizens who need to be aware plants, landfills, solid waste disposal sites, of local policies. and underground storage tanks. Designing a Land Use Plan to - Available waste treatment systems, includ- Designing a Land Use Plan to ingingtheir statecof repair and capacity, and Protect Water Quality anticipated needs for the future. While the actual organization of a plan can - Storm sewer drainage points and the ap- vary, there are three general areas that should be proximate drainage area for each source. included: a description of the community's reliance and effects on water resources; a -Other drainage systems, such as agricul- description of the water resources; and a discus- tural canals. sion of local concerns leading to the develop- ment of policies and an implementation strategy. - Publicly owned lands that could provide The following examples illustrate the informa- water quality buffer zones, including tion that should be described in these three parks, boat access areas, and the like. categories of a land use plan. The Water Resources The Community's Reliance and -Casfctosfrsraeadgon Effects on Water Resources *Casfctosfrsraeadgon � Poplatin infrmaton idicatng gowthwaters as determined by the Environmen- trnd Pouatind seorationa fldictations.rot tal Management Commission, and the trends and seasoal fluctuations.natural functions of these waters. This � Loca busiess ad indutry, ncludng anshould include waters used for fisheries, anLoalybsines and inutry, eomincluimpcto watn swimming, and commercial activities, as relalyifthed eomiipactiofvwties. well as capacity use, nutrient sensitive, related activities. ~~~~and primary nursery areas. � The area's geographic location and * An inventory of wetlands of all types and relationship to adjacent water bodies. discussion of their relationship to � The local water supply source and its developed areas geographically and quality, demand level, and treatment. if it ecologically. is a groundwater source, include location Water Quality Concerns Leading to of wells, depths to seasonal high water the Development of Policies and table, and identification of aquifers used. Implementation Strategy * Soils that are suitable for septic tanks and This section of a land use plan should examine soils that are unsuitable for septic tanks the importance of water quality to the corn- (i.e. loose, sandy soils that would allow munity and identify major local concerns. pollutants to leach into the ground and sur- Policies are then written that reflect the face waters or dense soils that will not community's water resources plan. These policies are in part illustrated by a land clas- 30 sification map. Land use regulations, such as ces are in the 1981 land use plan for Dare zoning, planned unit development, and sub- County and the 1986 land use plan for Tyr- division ordinances, can then be developed to rell County. In addition to areas of en- implement the policies. The following outline vironmental concern, these counties have describes how these policies should be ad- used the conservation classification to dressed. designate buffers along the estuarine waters in order to maintain shoreline Government Coordination stability and water quality. The buffers * A brief description of the water quality ef- will be determined by the soils that filter forts undertaken by government agencies pollutants and nutrients. Development in the area. within the buffers will be managed careful- ly to protect both the natural resources and * An outline of water quality educational ef- personal property rights. Similarly, New forts which may be appropriate for the Hanover County has developed a conserva- community to undertake. tion class along vulnerable shorelines and adopted land use ordinances specifically to Public Spending and Land Acquisition protect water quality in these areas.) * A schedule of priorities for repairing, * Identification of "transition" areas that are rehabilitating, and constructing sewage best suited for different types of an- treatment systems. ticipated development and their utility needs. For example, areas targeted for * A description of water management plans residential use with septic tanks and wells for all publicly owned lands including should be located in areas with good soils school yards, parks, and the like that can and adequate space between septic sys- be used as an example for private sector tems and the seasonal high water table. development. High density development should be provided with central sewage facilities and * An analysis of the ability of parks or other thus would not require high quality soils. public lands to provide buffers for stormwater runoff when considering those * Development of an effective program of areas for acquisition. regulation, monitoring, and enforcement to improve water quality conditions. This Management of Development would include the proper installation and * A discussion of best management prac- continual functioning of septic systems, tices (such as vegetated buffers and per- water and sediment management at all con- vious paving materials) that should be struction sites, control of illegal dumping, used on all lands, especially on the lands the development and maintenance of adjacent to streams, rivers, lakes, and vegetated buffers, and the reduction of im- sounds. pervious surfaces. * Identification of conservation areas impor- Public Education tant to water quality or quantity - or other * Encourage and sponsor educational resource protection - using the CAMA programs on activities that affect water Land Classification System and definition quality and ways to prevent water pollu- of acceptable uses. tion. These programs could involve the Soil Conservation Service and the (Good examples of how the conservation Division of Land Resources for sedimenta- class can be used to protect water resour- 31 G;RASS, WA[ WY instead of curL's and ei'tters dllii the infiltration of a ater into the STRAi IFAL a[ ter prontrectio scitsvoid~ ba1CT ' s and maintenance of natural vegetation reduces icc ore it and help protect receeiso0 'a aters ~~~~~~~~~~~effects of pollution on ground and surface -~~~~~~~~~~~~~~~~~~~~~~~ waters. die ground that protects the soil nut~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~fo erosion yar-round CONSFRVATICN BUF17LRS along waterways protect streamtanks and reduce soil erosion and R E S O A E a d VSTC 1runoff COTIMN reduce bacterial contamnination of swuterways Figure 8 Examples of Best Management Practices tion and erosion control, local agricultural construction standpoint. Zoning can control the extension agents for best management density of development through minimum lot practices and the cost-effective use of fer- sizes and can determnine the orientation of the tilizers and pesticides, and the Division of structure by requiring setbacks, buffer areas, and Forestry for best forestry practices. building separation. The following are ex- amples of zoning requirements that can be used The divisions of Marine Fisheries and to affect water quality: Water Resources and the Wildlife Resour- ces Commission could provide inform a- - Set minimum lot sizes in all areas adjacent tion on water and habitat management con- to waterways or in key watershed mnanage- cemns. For programs on stormwater runoff ment areas. and land use planning the divisions of En- vironmental Management, Community As- - Require minimum setbacks for structures sistance, and Coastal Management and the adjacent to water bodies. University of North Carolina Institute of Government could be contacted. - Establish conservation zones next to all waters and require some type of per- Implementing a adUse Plan manent vegetated cover. This is particular- a Land ~~~~~~~ly important near prim ary nursery areas There are a number of tools that local com- and waters with similar functions. munities can use to manage water resources.Prhbthedeccanligosufe These tools have been divided into two groups, w ae Pruoffibito thedjaent channelin bodiesufc basic and complex. ~~~~~~and require instead that it be managed by a The first group consists of traditional zoning, method appropriate for that area and the subdivision, and planned unit development distance from the water. regulations that are routinely used by local Rqieta akn ra elctda governments. The second group is made up of f a aa feurom theateprkn ares posbeloaed.a more complex regulatory programs such as spe- fraa rmtewtra osbe cial use permits and performance zoning that *Require the maximum practical use of per- should only be used to complement an estab- vious materials such as open interlocking lished program of more traditional regulations. pavers for the construction of parking lots Basic Regulations and driveways in areas located a certain distance from the water. The basic regulations are designed to give local governments greater flexibility to negotiate Subdivision Regulations changes in a development project's design or The process of converting large tracts of un- density, and to require the developer to provide developed land into smaller residential lots that more information about the project and its ef- aerayfrcntuto scnrle ysb fects on the environment. This section describes division regulations. The controls focus on site these types of regulations. design and engineering standards, and require Traditional Zoning that certain improvements, such as streets, land drainage systems, and sewers, be provided. The purpose of this management tool is to re- These provisions can be enforced by a perfor- quire adequate standards for the development of mance bond which developers are required to individual properties both from a land use and post before permits are issued for site improve- ment or construction. The following examples 33 can be incorporated into subdivision regulations Planned Unit Development and Cluster to improve water quality: Zoning � Require a minimum lot size for lots withinn Planned unit development and cluster zoning a certain distance of all major surface regulations combine the elements of zoning and waters. subdivision ordinances described above. Under this approach, the local planning administrator � Require a water management plan that reviews and approves in advance the complete describes the movement of water on the development plans beginning with the site site, preserves natural drainage pattemns preparation and continuing through the final con- and waterways as much as possible, struction phases. provides for the diversion of all storm- B eiwn rpsli t nieybfr water into vegetated areas to allow percola- w or bevieins, masurepsali ito protiecty waefreqalt tion into the soil, lays out lots so that work begis masured ato littlec watr nouadditioayxpne runoff volume and velocity are not greater can man caddes, waterittlegemeno provisional expnse than natural levels, and prohibits direct tnuanly adcalueso wther finishemen provisionsTac- channeling of stormwater into surface toollyovde additioalu tthfincnivshe forojc.Ti waters.tolpoieadiinlicnisfr developcr-s to add buffers and setbacks in return � Require a grassed or vegetated buffer strip for greater building density. The limits and between high ground development and sur- terms of this type of negotiation are usually face waters. Sufficient control should be defined through regulation and offer many obtained to ensure that these areas are benefits if properly administered. maintained in perpetuity. This can be ac- Capital Improvement Budgets complished by requiring dedication to the community. The purpose of this management tool is to es- tablish a firm plan for public expenditures for � Include provisions to encourage site capital improvements. By guiding public design, construction practices, and build- facilities to areas where development will not ing materials that will minimize the effects damage water quality, local governments can of development on water quality. These prevent potential water quality problems from provisions can include setbacks for roads, occurring. Similarly, local governments can restrictions on the use of curbs and gutters, identify areas with existing water quality and requirements for the use of pervious problems and fund projects such as public water paving materials such as open interlocking or sewer systems to alleviate the problems. pavers for driveways and parking areas. Regulations Related to Off-Site Facilities Complex Regulations There are more complicated land use regula- Subdivision regulations also can require that tions, such as performance zoning, that can be certain off-site facilities such as sewage treat- used to accomplish specific environmental menit plants and water supply systems be management goals. These regulations can be provided before the proposed subdivision is ap- costly and difficult to administer, and rely on the proved. This type of requirement is intended to advanced negotiating skills of local officials. ensure that development is supported by ade- This section describes these different types of quate facilities. regulations. 34 Special or Conditional Use Permits proposed development. The local government Develpmen perit s an b conitioed t re-must determine that the information and analysis quire special measures to protect the environ-isaeutbfoedvlpntcnrce. ment for projects that would create particular Teproeo hsaayi st eur canvberuednwen tal problesed aThisityp nofprmal- developers to take into account the environmen- can b use whe thepropoed ativiy nomal-tal values that may be affected by a development ly would be permitted without question, but due project and encourage them to use best manage- to unusual circumstances additional provisions ment practices to avoid environmental losses. are needed to avoid environmental darnage. Three local governments in North Carolina have This is different from a zoning variance be- enacted local environmental impact ordinances: causevarinces ddres actvitis tha areChapel Hill, Pamlico County, and Holden proibied byane adregulactivitie that are alwdiun-Beach. Local governments should consult G.S. que circumstances if the regulation would I1Abfr xlrn h s fteeodnn present an undue hardship on the property cs owner. Special use permits allow projects not al- lowed as a use of right but which may be al- For More Information lowed if they meet certain standards adopted by Although there are many ways to protect coas- the community. tal water quality, each community must decide Performance Zoning what types of planning and regulations will work best for it. It may be useful to contact Performance zoning identifies specific en- other local governments that have used the vironmental standards that must be met by all management techniques described here, as well development occurring in a particular zone. as discussing with the city or county attorney Developers are free to proceed in any fashion as how any new tools would affect existing or- long as they do not exceed the standards. For ex- dinances. ample, a performance standard in a zoning or- dinance could provide that development may be The following appendices provide background allowed if surface runoff does not exceed a material for use in examining possible courses given level of flow. of action. Included are excerpts from two dif- ferent types of ordinances as well as descrip- VWhle this approach can recognize the sen- tions of various federal programs that may prove sitivity of natural resources, it requires a highly useful in managing water resources. trained administrator as well as careful monitor- ing and enforcement. Local governments inter- Should any additional inform-ation be needed, ested in using performance zoning should be please contact the Division of Coastal Manage- prepared to expend a great deal of administra- ment at one of the following locations: tive time and effort. In coastal North Carolina only the town of Oriental has considered a draft N.C. Department of Natural Resources and performance zoning ordinance. Community Development P.O. Box 27687 Local Environmental Impact Ordinances Raleigh, N.C. 27611 Local environmental impact ordinances re- 91 91733-2293 quire developers to provide information about, 3411 Arendell Street and assess the environmental impacts of, a Morehead City, N.C. 28557 919/726-7021 800/682-2632 35 Appendix One Sample Regulations Proposed Extra Requirements b) Development Advisory Committee's for Protected Watershed Review of Stream Buffers Districts The Development Advisory Committee estab- lished in Article 2.4.2, can review the buffer The following regulation is the zoning or- requirements for all developments and may dinance used by Orange County to protect water recommend additional buffer area where resources. This ordinance is presented here as necessary. an example for other local governments that c) Permitted Uses Within Stream Buffer might wish to use this management tool. Areas Stream Buffers Required in The following uses are allowed as a matter of Protected Watersheds right in stream buffers. All other uses are Within the Protected Watershed District, an prohibited. area of land along Perennial streams shall be 1. Above ground and buried utility lines required to remain in its natural state, unless for local distribution of electricity, the area is subject to serious erosion in which telephone, and cable television service, ac- case an erosion resistant vegetative cover cessory, and appertant apparatus such as shall be established and maintained. Peren- poles, guy wires, transformers, and switch- nial streams are those streams in solid blue on ing boxes. the USGS Quadrangle map for Orange Coun- 2. Bona fide farms except any use of farm ty. property for non-farm purposes. a) Width of Buffer Calculated 3. Neighborhood utility facilities located The stream buffer area shall start at the outer within a public right-of-way with the per- edge of the flood plain and be measured a dis- mission of the owner of the right-of-way tance of fifty (50) feet away from the flood (State, City, or Town). plain plus an additional distance depending 4. Public and private streets, bridges, and on the slope near the stream. The slope shall railroad rights-of-way. Where it is neces- be calculated by measuring a distance of 250 sary to construct streets, bridges, and rail- feet from the center of the stream, determin- road lines across buffer areas, they shall ing the average rise in elevation and multiply- enter and exit the area as nearly perpen- ing that value by four. This value shall be dicular to it as possible. added to the minimum buffer of 50 feet to d) Stream Buffers Included as Part of determine total width of buffer area required. Minimum Lot Size Requirements The maximum buffer in any case shall not ex- Stream buffers may be used as part of the re- ceed 150 feet. quired lot area or lot size for residential and The flood plain is defined in the Orange non-residential developments. County Flood Damage Prevention Ordinance, e) Existing Vegetation in Buffer Areas by special survey by registered engineers or surveyors, by the alluvial soil as designated in Existing forested areas or any healthy vegeta- the Orange County soil survey, or through a tion cannot be removed from a stream buffer site analysis by the Orange County Planning except when replaced with vegetation result- Staff. Slope shall bedetermined from the ing in comparable stormwater runoff velocity USGS Quadrangle map, by on-site measure- and quantity one year after planting. ments, or by special survey by registered en- gineers or surveyors. 38 f) New Vegetation in Buffer Areas Section One: Short Title Required This ordinance shall be known as the New vegetation shall be planted to capture This ordinance shall be known as the "Stormwater Runoff Control Ordinance." non-source pollutants before they reach the perennial stream, as per applicable Orange County standards. Section Two: Findings of Fact The (governing authority) of (local unit) finds Model Stormwater Runoff that uncontrolled drainage and development of Control Ordinance land has a significant adverse impact upon the health, safety, and welfare of the community. The following runoff control ordinance is a More specifically, generic national model that local governments can use for reference and discussion. This or- (a) Stormwater runoff can carry pollutants into dinance originally appeared as part of a 1980 ar- receiving water bodies, degrading water quality tide in Natural Resources Journal entitled and affecting finfish and shellfish production; "Stormwater Runoff Control: A Model Or- dinance for Meeting Local Water Quality (b) The increase in nutrients such as phos- Management Needs" by Frank E. Maloney, phorus and nitrogen accelerates eutrophication Richard G. Hamann, and Bram D.E. Canter. of receiving waters, adversely affecting flora and fauna; The model ordinance is based on sound scien- tific principles for water management, and was (c) Improperly channeling water increases the thoroughly researched and reviewed. The or- velocity of runoff, thereby increasing erosion dinance should not be considered for adoption in and sedimentation; its present form, but rather should stimulate in- (d) Construction requiring the alteration of terested communities to adjust and modify the natural topography and removal of vegetation concepts presented here so that they can be ap- tends to increase erosion; plied to the characteristics and needs of a par- ticular area. (e) Siltation of water bodies resulting from in- creased erosion decreases their capacity to hold Special consideration should be given to the and transport water, interferes with navigation, suggestions in Section Six (f), Section Seven (f), and harms flora and fauna; and Section Nine (d) through (f) regarding a plan for sedimentation and erosion control. As (f) Impervious surfaces increase the volume and plan for sedimentation and erosion control. Asrate of stormwater runoff and allow less water to rate of stormwater runoff and allow less water to applied to North Carolina, these provisions percolate into the soil, thereby decreasing presume the plan submitted would comply with groundwater recharge; state regulations concerning land disturbing ac- tivities of one acre or more. Local governments (g) Improperly managed stormwater runoff can could also adopt a separate sedimentation and increase the incidence of flooding and the level control ordinance for land disturbing activities of floods which occur, endangering property and on areas smaller than one acre. human life; This ordinance is detailed and complex, so (h) Improperly managed stormwater runoff can fairly sophisticated administrative ability would interfere with the maintenance of optimum be needed to implement it. This ordinance or salinity in estuarine areas, thereby disrupting modifications of it should be reviewed carefully biological productivity; by legal counsel before it is adopted. by legal counsel before it is adopted. (i) Substantial economic losses result from these adverse impacts on community waters; 39 (j) Many future problems can be avoided if land (n) To ensure the attainment of these objectives is developed in accordance with sound by requiring the approval and implementation of stormwater runoff management practices. water management plans for all activities which may have an adverse impact upon community Section Three: Objectives waters. In order to protect, maintain, and enhance Section Four: Definitions both the immediate and long term health, safety, and general welfare of the citizens of (local Unless specifically defined below, words or unit), this ordinance has the following objectives: phrases shall be interpreted so as to give them (a) To encourage productive and enjoyable har- the meaning they have in common usage and to mony between humanity and nature; give this ordinance its most effective applica- (b) o prtect resoreand aintin te chmi-tion. Words used in the singular shall include ()Tprtcal, physical, and biloialintegity the chemi- the plural and the plural the singular; words used munitpyscl wanbilgclntegritso;cm in the present tense shall include the future munity waters; ~~~~~~tense. The word "shall" connotes mandatory (c) To prevent individuals, business organiza- and not discretionary; the word "may" is permis- tions, and governments from causing harm to sive. the community by activities which adversely af- (a) "Adverse Impacts" are any modifications, al- fect water resources; terations, or effects on a feature or characteristic of community waters or wetlands, including (d) To encourage the construction of drainage their quality, quantity, hydrodynamics, surface systems which aesthetically and functionally ap- area, species composition, living resources, aes- proximate natural systems; thetics, or usefulness for human or natural uses which are or may potentially be harmful or in- (e) To encourage the protection of natural sys- jurious to human health, welfare, safety or tems and the use of them in ways which do not property, to biological productivity, diversity, or impair their beneficial functioning; stability or which unreasonably interfere with (f) To encourage the use of drainage systems the enjoyment of life or property, including out- which minimize the consumption of electrical door recreation. The term includes secondary energy or petroleum fuels to move water, and cumulative as well as direct impacts. remove pollutants, or maintain the systems; (b) "Clearing" means the removal of trees and (g) To minimize the transport of pollutants to brush from the land but shall not include the or- community waters; dinary mowing of grass. (h) To maintain or restore groundwater levels; (c) "Detention" refers to the collection and storage of surface water for subsequent gradual (i) To protect, maintain, or restore natural discharge. salinity levels in estuarine areas; (d) "Developer" means any person who engages (j) To minimize erosion and sedimentation; in development either as the owner or as the (k) To prevent damage to wetlands; aeto nonro rpry (e) "Development" or "Development Activity" (1) To prevent damage from flooding, while means: recognizing that natural fluctuations in water levels are beneficial; (1) the construction, installation, altera- tion, demolition, or removal of a structure, (in) To protect, restore, and maintain the habitat impervious surface, or drainage facility; or of fish and wildlife; and 40 (2) clearing, scraping, grubbing, or other- (n) "Predevelopment Conditions" are those con- wise removing or killing the vegetation of ditions which existed before alteration, resulting a site; from human activity, of the natural topography, (3) adding, removing, exposing, excavat- vegetation and rate, volume or direction of sur- ing, leveling, grading, digging, burrowing, face or ground water flow, as indicated by the dumping, piling, dredging, or otherwise best available historical data. significantly disturbing the soil, mud, sand, Or rock of a site. (o) "Receiving Bodies of Water" shall mean any waterbodies, watercourses, or wetlands into (f) "Drainage Facility" means any component which surface waters flow either naturally, in of the drainage system. man-made ditches, or in a closed conduit system. (g) "Drainage System" is the system through (p) "Retention" refers to the collection and which water flows from the land. It includes all storage of runoff without subsequent discharge watercourses, waterbodies, and wetlands. to surface waters. (h) "Erosion" is the wearing or washing away (q) "Sediment" is fine particulate material, of soil by the action of wind or water. whether mineral or organic, that is in suspension or has settled in a waterbody. (i) "Flood" is a temporary rise in the level of any waterbody, watercourse, or wetland which (r) "Sedimentation Facility" means any struc- results in the inundation of areas not ordinarily ture or area which is designed to hold runoff covered by water. water until suspended sediments have settled. (j) "Impervious Surface" means a surface which (s) "Site" means any tract, lot, or parcel of land has been compacted or covered with a layer of or combination of tracts, lots, or parcels of land material so that it is highly resistant to infiltra- which are in one ownership, or are contiguous tion by water. It includes semi-impervious sur- and in diverse ownership where development is faces such as compacted clay, as well as most to be performed as part of a unit, subdivision, or conventionally surfaced streets, roofs, project. sidewalks, parking lots, and other similar struc- tures. (t) "Structure" means that which is built or con- structed, an edifice or building of any kind, or (k) "Natural Systems" means systems which any piece of work artificially built up or com- predominantly consist of or use those com- posed of parts joined together in some definite munities of plants, animals, bacteria, and other manner but shall not include fences or signs. flora and fauna which occur indigenously on the land, in the soil, or in the water. (u) "Subdivide" means to divide the ownership of a parcel of land, whether improved or (1) "Owner" is the person in whom is vested the unimproved, into three or more contiguous lots fee ownership, dominion, or title of property, or parcels of land, whether by reference to a i.e., the proprietor. This term may also include a plat, by metes and bounds or otherwise, or, if the tenant, if chargeable under his lease for the main- establishment of a new street is involved, any tenance of the property, and any agent of the division of a parcel of land. Subdivision in- owner or tenant including a developer. cludes a resubdivision and, when appropriate to the context, relates to the process of subdividing (m) "Person" means any and all persons, natural or to the subdivided. or artificial and includes any individual, firm, corporation, government agency, business trust, (v) "Vegetation" means all plant growth, espe- estate, trust, partnership, association, two or cially trees, shrubs, vines, ferns, mosses, and more persons having a joint or common interest, grasses. or any other legal entity. 41 (w) "Waters" or "Community of Waters" means rerouted, deepened, widened, enlarged, or any and all water on or beneath the surface of obstructed; or the ground. It includes the water in any water- (3) development is commenced. course, waterbody, or drainage system. It also includes diffused surface water and water per- (b) Exemptions. The following development ac- colating, standing, or flowing beneath the sur- tivities are exempt from the Water Management face of the ground, as well as coastal waters. Plan Requirement: (x) "Water Management Plan" refers to the (1) the development of less than five detailed analysis required by Section Six for single family or duplex residential dwell- each activity described in Section Five of this or- ing units and their accessory structures dinance. (such as fences, storage sheds, and septic tanks) in an existing subdivision; (y) "Watercourse" means any natural or artifi- cial stream, river creek, channel, ditch canal, (2) the development of one single family conduit, culvert, drain, waterway, gully, ravine, or duplex residential structure not in an ex- street, roadway, swale, or wash in which water isting subdivision; flows in a definite direction, either continuously (3) agricultural activity not involving the or intermittently, and which has a definite chan- artificial drainage of land; nel, bed, or banks. (4) any maintenance, alteration, use, or im- (z) "Waterbody" means any natural or artificial provement to an existing structure not pond, lake, reservoir, or other area which or- changing or affecting quality, rate, volume, dinarily or intermittently contains water and or location of surface water discharge. which has a discernible shoreline. (c) Waivers. (aa) "Watershed" means a drainage area or (1) A waiver of the Water Management drainage basin contributing to the flow of water Plan requirement may be obtained by sub- in a receiving body of water. mitting an application on forms supplied by (local agency). The application shall (bb) "Wetlands" means those areas where contain: (1) the soil is ordinarily saturated with (i) the name, address and telephone water or; number of the developer and owner; and (2) the dominant plant community is one (ii) a description and a drawing of the or more of those species designated by the proposed development; and (Coastal Resources Commission and/or U.S. Army Corps of Engineers) as identify- (iii) the location of the development; ing wetlands or the transitional zone of and wetlands. (iv) any other information requested by (local agency) that is reasonably neces- Section Five: Applicability sary to evaluate the proposed develop- (a) Unless exempted pursuant to subsection (b) ment. or waived pursuant to subsection (c), a Water (2) The (local agency) may grant a waiver Management Plan must be submitted and ap- if the application demonstrates the develop- proved before: ment is not likely to: (1) a plat is recorded or land is sub- (i) (significantly) increase or decrease divided; or the rate or volume of surface water runoff; (2) an existing drainage system is altered, 42 (ii) have a (significant) adverse impact measures proposed by the applicant for reducing on a wetland, watercourse, or water- adverse impacts. The Water Management Plan body; shall contain maps, charts, graphs, tables, photographs, narrative descriptions, and explana- (sideg radation of water quality. to thetions and citations to supporting references, as appropriate to communicate the information re- (3) The following types of development quired by this section. shall not be eligible to receive a waiver: (b) The Water Management Plan shall contain (i) shopping centers; the name, address, and telephone number of the ) industrial or commercial facilities owner and the developer. In addition, the legal description of the property shall be provided, (iii) subdivisions; and its location with reference to such landmarks as major waterbodies, adjoining (iv) roads; roads, railroads, subdivisions, or towns shall be (v) impervious surfaces greater than clearly identified by a map. 10,000 square feet. 10,000 square feet. (c) The existing environmental and hydrologic (d) Variances. The (local agency) may grant a conditions of the site and of receiving waters written variance from any requirement of this or- and wetlands shall be described in detail, includ- dinance using the following criteria: ing the following: (1) there are special circumstances ap- (1) the direction, flow rate, and volume of plicable to the subject property or its in- stormwater runoff under existing condi- tended use; and tions and, to the extent practicable, predevelopment conditions; (2) the granting of the variance will not: (2) the location of areas on the site where (i) (significantly) increase or decrease stormwater collects or percolates into the the rate or volume of surface water ground; runoff; (3) a description of all watercourses, (ii) have a (significant) adverse impact waterbodies, and wetlands on or adjacent on a wetland, watercourse, or water- to the site or into which stormwater flows. body; Information regarding their water quality and the current water quality classification, (iii) (significantly) contribute to the if any given them by the (Environmental degradation of water quality; Management Commission) shall be in- (iv) otherwise (significantly) impair at- eluded; tainment of the objectives of this or- (4) groundwater levels, including seasonal dinance. fluctuations; Section Six: Contents of the (5) location of flood plains; Water Management Plan (6) vegetation; (a) It is the responsibility of an applicant to in- (7) topography; clude in the Water Management Plan sufficient information for the (local agency) to evaluate (8) soils. the environmental characteristics of the affected (d) Proposed alterations of the site shall be areas, the potential and predicted impacts of the described in detail, including: proposed activity on community waters, and the effectiveness and acceptability of those (1) changes in topography; 43 (2) areas where vegetation will be cleared reasonably necessary for an evaluation of or otherwise killed; the development. (3) areas that will be covered with an im- pervious surface and a description of the Section Seven: Procedures surfacing material; and Fees (4) the size and location of any buildings (a) Any person planning a development as or other structures. defined in this ordinance, unless exempted, shall (e) Predicted impacts of the proposed develop- submit a Water Management Plan or an applica- tion for waiver to the (local agency). ment on existing conditions shall be described in detail, including: (b) Within ten (10) working days after submis- sion of the completed waiver application, the (local agency) shall notify the applicant that the (2) changes in groundwater levels; waiver has been approved or denied and whether or not a Water Management Plan must (3) changes in the incidence and duration be submitted by the applicant. of flooding on the site and upstream and downstream from it; (c) A permit fee will be collected at the time the (4) impacts on wetlands; and Water Management Plan or application for waiver is submitted and will reflect the cost of (5) impacts on vegetation. administration and management of the permit- ting process. The (governing authority) shall es- (f) All components of the drainage system and tablish, by resolution, a prorated fee schedule any measures for the dettion ion, or in- based upon the relative complexity of the filtration of water for the protection of water project The fee schedule may be amended from quality shall be described in detail, including: time to time by the (govering authority) by (1) the channel, direction, flow rate, resolution. Notice of such resolution shall be volume, and quality of stormwater that will published no less than fifteen (15) days prior to be conveyed from the site, with a com- adoption. parison to existing conditions and, to the extent practicable, predevelopment condi- extent practicable, predevelopment condi- (d) Within thirty (30) days after submission of tions; the completed Water Management Plan, the (local agency) shall approve, with or without (2) detention and retention areas, includ- specified conditions or modifications, or reject ing plans for the discharge of contained the Plan and shall notify the applicant according- waters, maintenance plans, and predictions ly. If the (local agency) has not rendered a of water quality in those areas; decision within thirty (30) days after Plan sub- (3) areas of the site to be used or reserved mission, it shall inform the applicant of the for percolation including a prediction of status of the review process and the anticipated the impact on groundwater quality; completion date. If the Plan is rejected or modified, the (local agency) shall state its (4) a plan for the control of erosion and reasons. However, it is not the responsibility of sedimentation which describes in detail the the (local agency) to design an acceptable type and location of control measures, the stage of development at which they will be put into place or used, and provisions for (e) The Water Management Plan shall not be ap- their maintenance; proved unless it clearly indicates the proposed (5) any other information which the development will meet the Performance Stan- developer or the (local agency) believes is dards described in Section Eight and the Design 44 Standards described in Section Nine, except be processed in the manner prescribed for hear- where a variance has been granted pursuant to ing administrative appeals under (local or state Section Five, Subsection (d), or where off-site code provision). management is approved pursuant to Section Ten. Section Eight: Performance (f) Inspections. No Water Management Plan Standards may be approved without adequate provision for inspection of the property before development the proposed developme nt or activity has been activity commences. The applicant shall ar- planned and designed and will be constructed planned and designed and will be constructed range with the (local agency) for scheduling the and maintained to meet each of the following following inspections: (1) Initial Inspection- prior to approval of the Water Management Plan; (a) Ensure that after development, runoff from the site approximates the rate of flow, volume, (2) Bury Inspection - prior to burial of and timing of runoff that would have occurred any underground drainage structure; following the same rainfall under existing condi- (3) Erosion Control Inspection - as neces- tions and, to the extent practicable, predevelop- sary to ensure effective control of erosion ment conditions, unless runoff is discharged into and sedimentation; an Off-site Drainage Facility as provided in Sec- tion Ten; (4) Finish Inspection - when all work in- cluding installation of all drainage (b) Maintain the natural hydrodynamic charac- facilities has been completed. teristics of the watershed; The (local agency) shall inspect the work and (c) Protect or restore the quality of ground and shall either approve it or notify the applicant in surface waters; writing in what respects there has been a failure to comply with the requirements of the approved (d) Ensure that erosion during and after develop- Water Management Plan. Any portion of the ment is minimized; work which does not comply shall be promptly (e) Protect groundwater levels; corrected by the applicant or the applicant will be subject to the penalty provisions of Section (f) Protect the beneficial functioning of wet- Thirteen. lands as areas for the natural storage of surface waters and the chemical reduction and assimila- (g) Appeals. Any person aggrieved by the ac- tion of pollutants; tion of any official charged with the enforce- ment of this Ordinance, as the result of the (g) Prevent increased flooding and damage that disapproval of a properly filed application for a results from improper location, construction, permit, issuance of a written notice of violation, and design of structures in areas which are or an alleged failure to properly enforce the Or- presently subject to an unacceptable danger of dinance in regard to a specific application, shall flooding; have the right to appeal the action to the (special (h) Prevent or reverse salt water intrusion; hearing examiner). The appeal shall be filed in writing within twenty (20) days of the date of of- (i) Protect the natural fluctuating levels of ficial transmittal of the final decision or deter- salinity in estuarine areas; mination to the applicant, shall state clearly the grounds on which the appeal is based, and shall (j) Minimize injury to flora and fauna and ad- verse impacts to fish and wildlife habitat; 45 (k) Otherwise further the objectives of this Or- (h) Erosion and sedimentation facilities shall dinance. receive regular maintenance to insure that they continue to function properly; Section Nine: Design Standards (i) Artificial watercourses shall be designed con- To ensure attainment of the objectives of this sidering soil type, so that the velocity of flow is Ordinance and to ensure that performance stand- low enough to prevent erosion; ards will be met, the design, construction, and (j) Vegetated buffer strips shall be created or, maintenance of drainage systems shall be consis- where practicable, retained in their natural state tent with the following standards: along the banks of all watercourses, water- bodies, or wetlands. The width of the buffer (a) Channeling runoff directly into waterbodies shall be sufficient to prevent erosion, trap the shall be prohibited. Instead, runoff shall be sediment in overland runoff, provide access to routed through swales and other systems the waterbody, and allow for periodic flooding designed to increase time of concentration, without damage to structures; decrease velocity, increase infiltration, allow suspended solids to settle, and remove pollutants; (k) Intermittent watercourses, such as swales, should be vegetated; (b) Natural watercourses shall not be dredged, cleared of vegetation, deepened, widened, (1) Retention and detention ponds shall be used straightened, stabilized, or otherwise altered. to retain and detain the increased and ac- Water shall be retained or detained before it celerated runoff which the development enters any natural watercourse in order to generates. Water shall be released from deten- preserve the natural hydrodynamics of the water- tion ponds into watercourses or wetlands at a course and to prevent siltation or other pollution; rate and in a manner approximating the natural flow which would have occurred before develop- (c) The area of land disturbed by development ment; shall be as small as practicable. Those areas which are not to be disturbed shall be protected (m) Although the use of wetlands for storing by an adequate barrier from construction ac- and purifying water is encouraged, care must be tivity. Whenever possible, natural vegetation taken not to overload their capacity, thereby shall be retained and protected; harming the wetlands and transitional vegeta- tion. Wetlands should not be damaged by the (d) No grading, cutting, or filling shall be com- construction of detention ponds; menced until erosion and sedimentation control devices have been installed between the dis- (n) The first one inch of runoff from impervious turbed area and waterbodies, watercourses, and surfaces shall be retained on the site of the wetlands; development; (e) Land which has been cleared for develop- (o) Runoff from parking lots shall be treated to ment and upon which construction has not com- remove oil and sediment before it enters receiv- menced shall be protected from erosion by ing waters; appropriate techniques designed to revegetate (p) Detention and retention areas shall be the area; designed so that shorelines are sinuous rather (f) Sediment shall be retained on the site of the than straight and so that the length of shoreline development; is maximized, thus offering more space for the growth of littoral vegetation; (g) Wetlands and waterbodies shall not be used as sediment traps during development; 46 (q) The banks of detention and retention areas Section Eleven: Manual of shall slope at a gentle grade into the water as a Stormwater Management safeguard against drowning, personal injury, or Practices other accidents, to encourage the growth of vegetation, and to allow the alternate flooding (a) The (local agency) shall compile a manual and exposure of areas along the shore as water of Stormwater Management Practices for the levels periodically rise and fall. guidance of persons preparing Water Manage- ment Plans and designing or operating drainage (r) The use of drainage facilities and vegetated ment Plans and designing or operating drainage systems. The Manual shall he updated peri- buffer zones as open space, recreation, and con- systems. The Manual shall be updated peri- odically to reflect the most current and effective servation areas shall be encouraged. practices and shall be made available to the public; Section Ten: Off-Site Drainage SFacilities (b) The Manual shall include guidance and Facilities specifications for the preparation of Water (a) The (local agency) may allow stormwater Management Plans. Acceptable techniques for runoff that is otherwise of unacceptable quality obtaining, calculating, and presenting the infor- or which would be discharged in volumes or at mation required in the Water Management Plan rates in excess of those otherwise allowed by shall be described; this Ordinance, to be discharged into drainage facilities off the site of development if each of (c) The Manual shall include guidance in the the following conditions is met: selection of environmentally sound practices for the management of stormwater and the control (1) it is not practicable to completely of erosion and sediment. Specific techniques manage runoff on the site in a manner that and practices shall be described in detail. The meets the Performance Standards and development and use of techniques which em- Design Standards; phasize the use of natural systems shall be en- couraged; (2) the off-site drainage facilities and chan- couraged; nels leading to them are designed, con- (d) The Manual shall also establish minimum structed, and maintained in accordance structed, and maintained in accordance specifications for the construction of drainage with the requirements of this ordinance; with the requirements of this ordinance; facilities. Construction Specifications shall be (3) adequate provision is made for the established in accordance with sound engineer- sharing of construction and operating costs ing practices; of the facilities. The developer may be re- quired to pay a portion of the cost of con- (e) The (local agency) shall submit the Manual structing the facilities as a condition of and subsequent revisions of it to the (local receiving approval of the drainage plan; authority) for review and approval. (4) adverse environmental impacts on the site of development will be minimized. Section Twelve: Maintenance (b) A request to use off-site drainage facilities (a) Drainage facilities shall be dedicated to the and all information related to the proposed off- (govemrning authority) where they are determined site facilities should be made a part of the to be appropriately a part of the (local unit) developer's Water Management Plan. maintained regional system or are unlikely to be Guidelines for the consideration of off-site adequately maintained by the developer or facility use will be defined in the Manual of Sur- owner of the property. face Water Management Practices. face Water Management Practices. (b) The systems maintained by the owner shall have adequate easements to permit the (local agency) to inspect and, if necessary, to take cor- 47 rective action should the owner fail to properly (2) the street address when available or a maintain the system. Before taking corrective description of the building, structure, or action, the (local agency) shall give the owner land upon which the violation is occurring; written notice of the nature of the existing (3) a statement specifying the nature of defects. If the owner fails within thirty (30) the violation; days from the date of notice to commence cor- rective action or to appeal the matter to the (spe- (4) a description of the remedial actions cial hearing examiner), the (local agency) may necessary to bring the development ac- take necessary corrective action, the cost of tivity into compliance with this Ordinance which shall become a lien on the real property and a time schedule for completion of such until paid. remedial action; (5) a statement of the penalty or penalties Section Thirteen: Enforcement that shall or may be assessed against the person to whom the notice of violation is (a) Nuisance. Any development activity that is directed; commenced without prior approval of a Water ()asaeetta h oa gny Management Paoricodcecotryoandetermination of violation may be ap- approved Water Management Plan as required pealed to the (special hearing examiner) by by this Ordinance, shall be deemed a public filing a written notice of appeal within fif- nuisance and may be restrained by injunction or teen (15) days of service of notice of viola- otherwise abated in a manner provided by law. tion. (b) Civil and Criminal Penalties. In addition to The notice of violation shall be served upon or as an alternative to any penalty provided the person(s) to whom it is directed either per- herein or by law, any person who violates the sonally, in the manner provided for personal ser- provisions of this Ordinance shall be punished vice of notices by the court of local jurisdiction, by a fine of not less than One Hundred Dollars or by mailing a copy of the notice of violation ($ 100) nor more than One Thousand Dollarsbycriedmlpsaer-adetn ($1,00) orby imrisoment n thecountjailreceipt requested to such person at his or her last for a period not to exceed sixty (60) days, or by known address. both such fine and imprisonment. Such person shall be guilty of a separate offense for each day A notice of violation issued pursuant to this during which the violation occurs or continues; section constitutes a determination from which (c) Any violator may be required to restore land an administrative appeal may be taken to the to its undisturbed condition. In the event that (special hearing examiner). restoration is not undertaken within a reasonable time after notice, the (local agency) may take Section Fourteen: Severability necessary corrective action, the cost of which shall become a lien upon the property until paid. Each separate provision of this Ordinance is deemed independent of all other provisions (d) Notice of Violation. When the (local agen- herein so that if any provision or provisions of cy) determines that development activity is not this ordinance be declared invalid, all other being carried out in accordance with the require- provisions thereof shall remain valid and enfor- ments of this Ordinance, it shall issue a written ceable. notice of violation to the owner of the property. The notice of violation shall contain: Section Fifteen: Effective Date (1) the name and address of the owner or applicant; This Ordinance shall become effective on 48 Appendix Two State and Federal Laws to Protect Water Quality ovemrnment laws and programs related to coastal states to develop resource management iwater quality are often viewed as confus- systems. In this case, federal, state, and local in- ing and overly complex. They are implemented terests are reflected in the individual state's by dozens of agencies, each of which is respon- resource management program. sible for some aspect of water resource manage- To a large extent, these programs have been To a large extent, these programs have been ment. Although it is beyond the scope of this designed to coordinate the implementation of designed to coordinate the implementation of handbook to detail the interactions between the specific environmental laws, such as erosion specific environmental laws, such as erosion various agencies, this appendix provides an over- control, to achieve improvements in water view of the state and federal laws related to quality. This effort has been successful, but it water management. By and large, initiatives to has also revealed gaps in the ability of govern- address water quality have begun at the federal ment to achieve the sweeping success indicated level of government. As problems have been by the programs' goals. identified, federal laws have been passed to es- tablish regulatory programs and planning and One of the gaps is managing high ground sour- management programs, or some combination of ces of pollution that are beyond the traditional the two. The specific federal response has been state and federal water quality laws but which are within the local government planning, influenced by the nature of the problem, the are within the local government planning, zoning, and regulatory authorities. Requiring a traditional jurisdiction that the problem falls vegetated buffer between high ground develop- within, and the political climate of the day ment and a natural creek, for example, cannot be required by state and federal programs, but can Regulating activities on the nation's water- be required by local ordinance. ways, for example, has traditionally fallen under federal purview because of navigation and The following list of state and federal laws in- public service. Over time, the public's interest dicates a wide diversity of environmental in these areas has expanded beyond simple ac- programs, but when considered as a whole the cess for navigation, and now includes water list also shows that some elements are missing quality considerations. Because of the tradition- from what would be considered to be a com- al federal involvement, the regulatory authority prehensive water quality management scheme. provided under Section 404 of the Clean Water Act was given to the U.S. Army Corps of En- Major State Water Quality gineers rather than delegated to the states. Legislation Environmental problems have often been ad- The Mining Act of 1971 The Mining Act of 1971 dressed by providing federal grants and incen- G.S. 74-46 et se G.S. 74-46 et seq. tives to states to implement protection programs. This type of approach recognizes that high This law requires the consideration of water ground activities are of national interest, but that quality in mining activities, and that a permit be they have been traditionally state and local areas obtained for such activities. Overall, mining of responsibility. Sedimentation and erosion must not adversely affect wildlife, fresh water, control, for example, has been addressed estuarine or marine fisheries, violate state stand- through state law and local ordinance and sup- ards for surface or groundwater quality, or result ported by limited federal grants for planning and in substantial deposits of sediments in stream- improved management practices. beds or lakes or cause acid water pollution. The state Mining Commission is established by this This same approach was used to encourage act and authorized to adopt rules and regula- coastal management through the federal Coastal tions. Contact: Division of Land Resources- Zone Management Act. It provides grants to DNRCD, 919/733-3833. 50 The North Carolina Well vironmental programs and requires state or- Construction Act ganizations to consider and report on environ- G.S. 87-83 et seq. mental aspects and consequences of their This law applies to wells withdrawing at least actions involving expenditures of public mone v. 100,000 gallons of water per day. It requires Contact: Department of Administration, that wells be constructed so that groundwater 919/733-7232. contamination is prevented. The Environmental Management Commission has the authority to Sedimentation Pollution Control Act adopt rules and regulations. Contact: Division of 1973 of Environmental Management-DNRCD, G.S. 113A-50 et seq. 919/733-7015. This act recognizes sedimentation as a major pollutant of state waters. The act establishes the Certification of Wastewater Sedimentation Control Commission and Treatment Plant Operators authorizes it to adopt necessary rules and regula- G.S. 90A-35 et seq. tions and implement a state program for erosion The purpose of this law is to protect the and sedimentation control. The act also requires quality of the state's water resources and to that erosion and sedimentation control plans be maintain the quality of receiving streams. The submitted for activities that would disturb more Environmental Management Commission is than one acre of land. Contact: Division of authorized to classify waste treatment facilities, Land Resources-DNRCD, 919/733-3833. require operator certificates, and monitor their operation. Contact: Division of Environmental The Coastal Area Management Act Management-DNRCD, 919/733-7015. of 1974 G.S. 113A-100 et seq. Permits to Dredge and/or Fill in or This act establishes the Coastal Resources about Estuarine Waters or State Commission which sets policies and standards Owned Lakes for the North Carolina Coastal Management G.S. 113-229 Program. The Division of Coastal Management Under this law permits are issued for dredging issues permits for development in the four areas and filling activities. Permit applications will be of environmental concern within the twenty denied if the proposed activity is found to have a coastal counties under the authority of the com- significant adverse effect on the use of the mission. The commission sets construction waters by the public; the value and enjoyment of standards and guidelines to follow in determin- riparian property owners; the public's health, ing whether or not a permit will be approved for safety, and welfare; the quality of public or development within the areas of environmental private water supplies; and wildlife, fresh water, concern, including the estuarine system AEC. estuarine or marine fisheries. The Coastal Resources Commission hears permit appeals. Protection of water quality is one of the basic Contact: Division of Coastal Management- goals of the act and the commission's standards DNRCD, 919/733-2293. clearly state that development that would damage coastal waters will not be allowed. Al- State Environmental Policy Act though water quality can be managed to some G.S. 113A-1 et seq. extent through the permitting process, there are The purpose of this law is to encourage the several activities that the coastal program does wise, productive, and beneficial use of the not have the authority to regulate, principally state's natural resources without damage to the agriculture and forestry. Local governments, environment. The act also encourages an educa- however, do have the authority to guide ac- tional program to create public awareness of en- tivities outside the designated areas of environ- 51 mental concern - land use planning and zoning Water and Air Quality Reporting Act are two of the primary methods for doing so. of 1971 Contact: Division of Coastal Management- G.S. 143-215.63 et seq. DNRCD, 919/733-2293. This statute authorizes the Environmental Management Commission to require all persons Watershed Improvement Programs receiving a permit from the Division of Environ- G.S. 1309-16 et seq. mental Management to file reports covering the This law sets out procedures to be followed in discharge of wastes in state waters and to estab- connection with watershed improvements or lish and maintain approved systems for monitor- drainage projects that involve channelization. ing the quality and quantity of such discharges The Environmental Management Commission is into the water. Contact: Division of Environ- responsible for carrying out the provisions of mental Management-DNRCD, 919/733-7015. this act. Contact: Division of Environmental Management-DNRCD, 919/733-7015. Oil Pollution and Hazardous Substances Control Act of 1978 Department of Natural Resources G.S. 143-215.75 et seq. and Community Development, The purpose of this law is to protect the Organization and Powers Generally public's health, safety, and welfare by protecting Related to the Control of Pollution land and water from pollution by oil, oil G.S. 143B-282 et seq. products, oil by-products, and other hazardous This statute defines the powers of the Environ- substances. This law authorizes the Environ- mental Management Commission. Among mental Management Commission to regulate oil other authorities, the commission can classify discharges, oil terminal facilities, and oil refin- waters, adopt water use standards, require water ing facilities. Contact: Division of Environmen- use permits, and require pollution abatement and tal Management-DNRCD, 919/733-7015. control measures. Contact: Division of Environ- mental Management-DNRCD, 919/733-7015. Water Use Act G.S. 143-215 et seq. Regulation of Use of Water This law charges the Environmental Manage- Resources ment Commission with the responsibility of car- G.S. 143-211 et seq. rying out a program of planning and education The purpose of this statute is to conserve concerning the most beneficial long-term use water resources and to maintain conditions that and conservation of the state's water resources. are conducive to the development and use of Contact: Division of Environmental Manage- water resources. Under this act the Environmen- ment-DNRCD, 919/733-7015. tal Management Commission is authorized to designate "capacity use areas" where it is found North Carolina Pesticide Law of 1971 that the use of groundwater or surface water or G.S. 143-Act 52 and 143-441 both requires coordination and regulation for the This law authorizes the Department of protection of the public interest. Contact: Agriculture to appoint a Pesticide Board that can Division of Environmental Management- Division of Environmental Management- adopt rules and make policies for programs to DNRCD, 919/733-7015. regulate the use, application, sale, disposal, and registration of pesticides. Water quality is a con- sideration of disposal regulations. Contact: Food and Drug Protection Division-DOA, 919/733-7366. 52 Toxic Substances Act of 1979 Regional Water Supply Planning Act of 1971 G.S. 143-476(d) G.S. 162A-20 et seq. This act controls the disposal of specific toxic Regional Sewage Disposal Planning Act of substances: mercury, plutonium, selenium, thai- 1971 lium, and uranium, PCBs, and kepone. This act G.S. 162A-26 et seq. makes it a felony to dump, incinerate, or other- Metropolitan Sewerage Districts wise dispose of these substances in water or G.S. 162A-64 et seq. land unless it is done in accordance with a federal or state law, regulation, or permit. The G.S. 130A-290 et seq. Department of Crime Control and Public Safety is responsible for coordinating state agencies' in- Hazardous Waste Treatment Commission itial response to critical toxic substance inci- Act of 1984 dents. Contact: Department of Crime Control G.S.143B-470 et seq. and Public Safety, 919/733-2126. Major Federal Water Quality Solid Waste Management Act of 1978 Legislation G.S. 130-Act 13B, 143B-142(b), 130A-294, and 130-166.30 The Clean Water Act This act establishes the Solid and Hazardous (formally entitled the Federal Water Pollu- Waste Management Branch within the Depart- tion Control Act Amendments of 1972, PL 92-500 now PL 95-217) ment of Human Resources as the single agency responsible for implementing all state and The primary goal of this act was the elimina- federal legislation on solid and hazardous waste tion of pollution discharges into navigable management. The department is directed to waters by 1985. The five major sources of pollu- engage in research, conduct investigations and tion considered under the act in relation to this surveys, make inspections, and establish a goal are as follows: statewide solid waste management program. Authority is given to the Commission for Health * Municipal Pollution - To be controlled by Services to develop rules for the establishment, construction of municipal sewage treat- location, operation, maintenance, use, and dis- ment plants (using federal grants), setting continuance of solid waste management sites discharge requirements for the plants, and and facilities. Contact: Solid and Hazardous controls on other sources of municipal pol- Waste Management Branch-DHR, 919/733- lution. 2178. Industrial Pollution - To be controlled by discharge requirements for industrial sour- Other State Laws Affectsing ces of pollution, special controls for Water Quality toxics, and measures aimed at preventing Federal Water Resources Development and cleaning up toxic spills. Municipal Projects and industrial discharge limitations are en- G.S. 143-215.38 et seq. forced through a system of individual per- Right of Withdrawal of Impounded Waters mits. G.S. 143-215.44 et seq. 5.44 et seq. Nonpoint Source Pollution - To be control- Floodway Regulations led primarily by state and local authorities G.S. 143-215.51 et seq. by using various methods to minimize pol- Grants for Water Resources Development lution from agriculture and urban runoff. Projects G.S. 143-215.70 et seq. 53 Developing means for controlling non- posal of that substance. Pesticides, tobacco, point source pollution is one of the major firearms, nuclear materials, food, drugs, and ad- objectives of the act's planning process. ditives are covered under separate laws. * Dredge and Fill Activities - To be control- Federal Insecticide, Fungicide and led by a regulatory program jointly ad- Rodenticide Act of 1947 (PL 75-717) ministered by the Environmental Protec- This act directs the Environmental Protection tion Agency and the U.S. Army Corps of Agency to regulate the manufacture, distribu- Engineers. This program is partially tion, and use of pesticides. All pesticides are aimed at the protection of the aesthetics registered and classified under this act. The and ecological value of streams, lakes, es- EPA requires analysis of composition, tuaries, and wetlands threatened by dredg- degradability, use patterns, and chemical and ing and fill activities. physical properties before registering any pes- ticide. A pesticide shown to cause adverse en- * Boat Discharges - To be controlled by vironmental effects may be banned or given a federal statutes and regulations that require restricted use classification. the use of marine sanitation devices designed to meet federal criteria and which prohibit the discharge of untreated Resource Conservation and waste into waters. Recovery Act of 1976 (PL 94-580) (Amended and reauthorized in 1984) The Safe Drinking Water Act of 1974, This law calls for "cradle to grave" regulation amended in 1977 (PL 93-523) of hazardous wastes by the Environmental Protection Agency. It bans open dumping and This law authorizes the Environmental Protec- Protection Agency. It bans open dumping and the dumping of hazardous wastes in sanitary tion Agency to regulate the quality of public landfills. It requires development criteria to drinking water by setting minimum water identify hazardous wastes and standards for com- quality standards and prescribing treatment tech- panies generating, transporting, or disposing of niques. It allows the EPA to set limits for such wastes. The state of North Carolina has specific contaminants that may adversely affect received approval from the EPA to administer public health. States developing qualified the provisions of this act. Contact: Solid and programs may apply to the EPA for delegation Hazardous Waste Management Branch-DHR, to enforce the water quality standards within 919e733-2178. their state. North Carolina is currently ad- ministering the state's program through the Division of Health Services. Response, Compensation and Liability Act of 1980 (PL 96-510) Toxic Substances Control Act of 1976 (PL 94-469) This act, better known as Superfund, is ad- ministered by the Environmental Protection This law authorizes the Environmental Protec- Agency and addresses the roblems of eergen- tion Agency to regulate the manufacture, dis- cy res se to toxic contamination, cleanup of tribution, and use of chemical substances. It abandoned sites, and the long-term care of requires premarket testing of new chemicals, closed hazardous waste sites. The act covers and identification and testing of all existing hazardous waste as defined in the Resource Con- chemicals. If a substance should pose an un- servation and Recovery Act and hazardous or reasonable risk to human health or the environ- toxic substances defined by laws such as the ment, the EPA may modify, limit, or ban the Clean Air Act and the Clean Water Act. This manufacture, processing, distribution, and dis- law does not cover gasoline or oil and petroleum products. 54 Clean Air Act of 1970 (PL 91 -604 and Rural Clean Water Program PL 95-95) Administered by the U.S. Soil Conservation This law, administered by the Environmental Service, this program encourages best manage- Protection Agency, establishes air quality stand- ment practices for rural landowners. ards and regulates the emission of air pollutants such as carbon monoxide, lead, hydrocarbons, Other Federal Laws Affecting and the like. The act is important to waterWaeQult quality because many of the regulated pollutantsWae Qult combine with atmospheric water and fall to the The Rivers and Harbors Act of 1899 earth with rain. Surface Mining Control and Reclamation Act National Environmental Policy Act of 1977 The basic goal of this act is to require federal Offshore Oil Spill Prevention Fund agencies to consider the potential effects of federal projects on the enviromnment. The act re- Deepwater Ports Act quires an environmental impact statement as part of any recommendation for major federal Federal Aid to Wildlife Restoration Act action that may significantly affect the environ- ment. This assessment includes any un- The Endangered Species Act of 1972 avoidable adverse environmental impacts the project would have; altemnatives to the proposed Rural Development Act action; the short-term uses of the human environ- ment in comparison with the maintenance and Water Bank Act of 1970 enhancement of long term-productivity; and any irreversible and irretrievable commitments of Fish and Wildlife Coordination Act resources that would be involved if the proposal were implemented. Water Resources Research Act Coastal Zone Management Act (PL 92-583) This act provides funds to states to develop coastal resource management programs. The law also provides matching grants to states for acquisition of lands for estuarine or marine sanctuaries. 55 Glossary Coastal Water Quality and Ecology Terms adsorption The attachment of a substance to ecosystem A system composed of living or- the surface of a solid. Many pollutants can ad- ganisms and the non-living environment sorb to soil particles. functioning together. algae bloom An overgrowth of algae that can effluent The outflow of a sewer, industry pipe, float to the water's surface, shade out other or other discharge. aquatic plants, and use up the water's oxygen supply as the plants decompose. Algae blooms estuary A semi-enclosed body of water where are caused by excessive nutrient pollution. fresh water from the land mixes with salt water from the ocean. aquifer An underground rock or sand forma- tion that holds water. Aquifers are the major eutrophication The enrichment of a water sys- source of coastal North Carolina's water supply. tem by nutrients such as phosphorus and nitrogen, characterized by algae blooms and Biological Oxygen Demand (BOD) A stand- resulting in conditions that favor plant life over ard water quality measurement of the animal life. The algae can choke out beneficial degradable organic waste material in water that plant species, smother animal life, and complete- will consume oxygen as it is broken down by ly destroy the once productive uses of the water microbes. system. Chemical Oxygen Demand (COD) A water evapotranspiration Movement of water from quality measurement similar to biological the earth's surface to the atmosphere by evapora- oxygen demand except that it measures the tion from land surfaces and water release from amount of chemically-reacted oxygen as well as plant surfaces. the oxygen consumed by bacteria. fecal coliform A type of bacteria found in the community The biotic community includes all digestive tracts of warm-blooded animals. Al- animal and plant populations living in a given though fecal coliform bacteria do not cause dis- area. ease, they indicate the possible presence of other organisms found in fecal material that may detritus Disintegrated and decomposing or- cause disease. Drinking water supplies and ganic matter. Detritus from salt marsh grasses is shellfishing waters are tested for fecal coliform especially important as fish food in the coastal for this reason. area. food chain The transfer of food energy, or discharge The release by people of any waste nutrition, from plant sources to successively either directly or indirectly into waters. higher animals. Each animal eats a lower or- ganism and, in turn, is eaten by a higher or- Dissolved Oxygen (DO) The measure of the ganism. oxygen content of waters. This figure is used as a measure of pollution because several pol- food web The cycling of nutrients through in- lutants use up dissolved oxygen, sometimes terconnected food chains. causing fish kills. groundwater The water contained in the ground in aquifers. 58 habitat The place where an organism lives, its river basin The area of land drained by a river. "address." All the water falling within a river basin runs into one river. heavy metal Certain types of metals that are toxic, such as lead, mercury, copper, chromium, SA water Water that is classified by the En- and cadmium. vironmnental Management Commission as ap- propriate for shellfishing and all SB and SC hydrology The study of the movement of uses. If contaminated by bacteria SA water can water. be closed to the taking of shellfish. impervious The condition of a land surface SB water Water that is classified by the En- when water cannot pass through it. vironmental Management Commission as ap- propriate for contact recreation and all SC uses. infiltration The movement of water into the soil through the soil surface. This can take place SC water Water that is classified by the En- only where the soil is porous, not hardened or vironmental Management Commission as ap- made impervious, as by pavement. propriate for support of all wildlife and fishery uses and incidental contact. microbes Microscopic organisms. salinity A measure of the amount of salt in nonpoint source Pollution that does not come wtr from a defined source, such as a pipe, but which ss e ddsld ml oi atce htd is scattered - such as urban runoff, agricultural sseddsld ml oi atce htd runoff, and septic tank leakage. not settle out of water, but remain suspended in it. organic chemical Any carbon-based chemical. Man-made (or synthetic) organic chemicals can, synergism A type of chemical interaction that because of their structure, mimic natural chemi- can occur when certain chemicals are present cals and thus be toxic to many forms of life. together. When these chemicals interact, they become more toxic than they would be if their organic matter Once-living material or by- individual toxicities were added together. producs of ivingplantsor anmals.water quality The physical and chemical pathogn A dseasecarryng m ir oorgnismcharacteristics of water systems that enable such as a hepatitis virus. toessest upr ie persistent chemical A substance that will water quality standards Maximum levels of remain in the environment for a long period of pollutants allowed to be discharged into, or to be time wihout braking dwn to hrmlesspresent in, the state's waters. Standards cor- tieritodutcrain ontohrls. respond to the use classifications for different products. ~~~~~~~~~water bodies. For example, SA standards are designed to keep waters pure enough for the pervious The condition of having pores or safe consumption of raw shellfish. spaces for water to pass through. point source pollution Pollution that is dis- charged from a fixed location such as a pipe. 59 Bibliography For Further Reading A Citizen's Guide to Water Quality in North Carolina, Tread Soffly/North Carolina Public Interest Research Group. Brower, D., et al. Managing Development in Small Towns, Planners Press, American Planning Association, 1984. Coastal Development and Shellfish Waters, Division of Environmental Management, Department of Natural Resources and Community Development, Raleigh 1985. Finnemore, E. John. Stormwater Pollution Control: Best Management Practices, American Society of Civil Engineers, Vol. 108(EE5), p. 835. Gordon, Wendy. A Citizen's Handbook on Groundwater Protection, New York: Natural Resources Defense Council, 1984. Klein, R.D. "Urbanization and Stream Quality Impairment," Water Resour- ces Bulletin, Vol. 15(4), American WaterResources Association, p. 948. McCullough, Melissa. North Carolina Coastal Water Quality Trends 1970- 1984, Division of Coastal Management, Department of Natural Resour- ces and Community Development, Raleigh, 1984. McCullough, Melissa. Urban Runoff Impacts and Management Strategies, Unpublished Report, Division of Coastal Management, Department of Natural Resources and Community Development, Raleigh, 1985. McHarg, Ian. Design with Nature, New York: Natural History Press, 1969. Preventive Approaches to Stormwater Management, U.S. EPA(440/9-77- 001), 1977. Segal, E., et al. Toxic Substances Dilemma - A Plan for Citizen Action, Washington: National Wildlife Federation. Spitsbergen, Judith M. Seacoast Life: An Ecological Guide to Natural Seashore Communities in North Carolina, Chapel Hill: The University of North Carolina Press. Stormwater and Land Management for Water Resources Protection, En- vironmental Protection Division, Georgia Department of Natural Resources, 1983. 62 U.S. EPA. The Results of the Nationwide Urban Runoff Program, Vol. I Final Report, Washington: Water Planning Division, EPA, 1983. Wanielista, M.P. Stormwater Management: Quantity and Quality, Ann Arbor: Ann Arbor Science, 1979. 63 Protecting Coastal Waters Through Local Planning is published by the N.C. Department of Natural Resources and Community Develop- ment, 512 N. Salisbury Street, Raleigh, N.C. 27611-7687. Financial support for this publication was provided in part by a grant under the federal Coastal Zone Management Act, administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmos- pheric Administration, Washington, D.C. Written by Melissa McCullough, Geoffrey Willett, and Ralph Cantral. Edited by Kathryn Henderson. Illustrations by Jill Miller. Design by Jeannette Holmes. Excerpts from "Stormwater Runoff Control: A Model Ordinance for Meeting Local Water Quality Management Needs" by Frank E. Maloney, Richard G. Hamann, and Brain D.E. Canter, are used by permission of Natural Resources Journal. James G. Martin, Governor State of North Carolina William W. Cobey Jr., Secretary N.C. Department of Natural Resources and Community Development Fifteen hundred copies of this public docu- ment were printed at a cost of $3,811.00 or $2.54 per copy.