Senate committee substitute to the 2nd edition makes the following changes. Makes conforming changes to the act’s long and short titles. Changes the effective date to when the act becomes law, except as otherwise provided.

Adds the following content.

Section 2.

Amends GS 143-214.7(b6) (permitting procedures for stormwater runoff rules) to prevent the Environmental Management Commission (EMC) from requesting additional information not previously identified as missing or required in its additional information letter or electronic response from the original permit application submission. Allows the EMC to respond to additional information letters or electronic responses with further requests for information, limited to information missing from that subsequent additional letter or response. Makes technical changes. Imports that same limitation on: (1) the EMC’s review of requests for additional information on applications and permits for sewer systems, sewer system extensions and for disposal systems, and for land application of waste, or treatment works which do not discharge to the surface waters of the State set forth in GS 143-215.1(d); (2) the Department of Environmental Quality’s (DEQ) review of an application for a water distribution system authorization under GS 130A-328(c1); (3) DEQ’s review of responses to an original submittal for a small or synthetic minor permit under GS 143-215.108; (4) DEQ’s completeness review of permit applications certified by an engineer under GS 143-215.108; (5) DEQ’s requests for information under GS 130A-295.8 (permits for solid waste management facilities). Makes organizational, clarifying, and technical changes to GS 143-215.1(d).

Applies to permit applications submitted on or after the act becomes law.

Section 3.

Excludes Emergency Action Plans and downstream inundation maps associated with impoundments or dams not regulated by the Federal Energy Regulatory Commission from sensitive public security information considered confidential under GS 143-215.31 (supervision over maintenance and operation of dams). 

Section 4.

Defines, in GS 113A-103, man-made ditches to mean constructed, altered, or excavated features used to convey water, including, but not limited to, artificial ponds, culverts, canals, swales, storm channels, minor-drainage features, and roadside ditches. Specifies that, the term "altered" does not include the alteration of a natural shoreline, and the term "excavated" does not include submerged lands that have been dredged for the purpose of navigation. Excludes man-made ditches from areas that the EMC may designate as areas of environmental concern in GS 113A-113, including when they are part of the described estuarine waters and areas such as waterways and lands under or flowed by tidal waters or navigable waters. Excludes man-made ditches from the definition of marshland under GS 113-229.

Section 5.

Adds new Part 5A, Upland Basins, to Article 7 of GS Chapter 113A, providing as follows.

Sets out NCGA findings and the intent that the Part be broadly construed to further the Part’s general purposes. Defines an upland basin as a marina constructed by excavating or dredging lands of elevations above the current mean or ordinary high-water mark and designed to accommodate more than ten vessels or boat slips. Considers upland basins a water dependent use for purposes of general use standards adopted by the Coastal Resources Commission.

Requires, unless the Director of the Division of Water Resources makes a finding, based on site-specific technical information that the applicant cannot substantially comply with one or more of the criteria specified in the statute, that the Division of Water Resources and the Division of Coastal Management approve an application for the development of an upland basin project within 60 days after the applicant submits a completed application or requested supplemental information. Sets out provisions governing requests for supplemental information. Deems an application approved if the Department of Environmental Quality (DEQ) fails to act on an application for the development of an upland basin project within the 60-day review period. Sets out 10 criteria with which an upland basin must comply to qualify for permitting, including: (1) the upland basin is designed to accommodate ten or more vessels, including individual homeowner boat slips, boat lifts, or dry stack storage; (2) the waters contained in the upland basin meet the specified standards for dissolved oxygen content; (3) construction of the upland basin impacts or removes a total area of coastal wetlands that is no more than 5% of the total area of the proposed upland basin waters; (4) construction of the upland basin impacts or removes a total linear footage of coastal wetlands fringe that is no more than 10% of the total linear footage of existing coastal wetlands along the shoreline of the property or properties of the permit applicant; and (5) the upland basin has a 30-foot vegetated buffer along the post-project shoreline. Sets out provisions applicable when a Major Development Coastal Area Management Act permit application has been submitted for a project. Sets out provisions under which an applicant for an upland basin project is allowed to use innovative technology to maintain dissolved oxygen levels or to improve dissolved oxygen, including requiring financial assurance. Deems an upland basin project that satisfies the 10 criteria above to also satisfy other specified provisions, including the requirements for CAMA management objects and use standards of coastal wetlands areas of environmental concern (AEC) and estuarine and ocean system AEC. Allows, when data indicates material noncompliance with applicable water quality standards in the waters within the upland basin or adjacent waters within the vicinity of each entrance to the upland basin, DEQ to require the owner to bring the waters within the upland basin and adjacent waters into compliance with applicable water quality standards. Specifies that the statute does not obviate the need for an applicant to obtain all relevant federal permits. Makes conforming changes to GS 143-214.1A (water quality certification requirements for certain projects) applicable to applications for section 401 certification pending or submitted on or after the act becomes law.