NCS0000407_Mount Holly Self Audit Report_20211005

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PROGRAM AUDIT REPORT
NPDES PERMIT NO. NCS000407
Mount Holly, NORTH CAROLINA
400 East Central Avenue
Mount Holly, NC 28120
Audit Date: September 20, 2021
Report Date: September 28, 2021
North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources Stormwater Program
512 N. Salisbury Street, 9th floor
1612 Mail Service Center
Raleigh, NC 27699-1612

MS4 Permit Audit Report
Mount Holly, NC: NPDES Permit No. NCS000407
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Audit Date: September 20, 2021

MS4 Permit Audit Report
Mount Hollv. NC: NPDES Permit No. NCS000407
TABLE OF CONTENTS
AuditDetails..................................................................................................................................................1
PermitteeInformation..................................................................................................................................2
SupportingDocuments.................................................................................................................................3
Construction Site Runoff Controls................................................................................................................4
Post -Construction Site Runoff Controls........................................................................................................7
Total Maximum Daily Loads (TMDLs).........................................................................................................12
Appendix A: Supporting Documents
DISCLAIMER
This audit consists of an evaluation of program compliance with the issued permit and implementation of
the approved Stormwater Management Plan. This audit report does not include a review of all program
components, and program deficiencies in addition to those noted may be present. The permittee is
required to assess program progress and permit compliance, and to implement the approved Stormwater
Management Plan in accordance with the issued permit.
Audit Date: September 20, 2021 ii

MS4 Permit Audit Report
Mount Holly, NC: NPDES Permit No. NCS000407
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Audit Date: September 20, 2021 iii

Audit Details
Audit ID Number:
Audit Date(s):
NCS000407_Mount Holly MS4 Audit_20210920
September 20, 2021
Minimum Control Measures Evaluated:
❑ Program Implementation, Documentation & Assessment
❑ Public Education & Outreach
❑ Public Involvement & Participation
❑ Illicit Discharge Detection & Elimination
❑ Construction Site Runoff Controls — No delegated Sediment and Erosion Control Program
Z Construction Site Runoff Controls — Delegated Sediment and Erosion Control Program
❑ Post -Construction Site Runoff Controls
❑ Pollution Prevention and Good Housekeeping for Municipal Operations
® Total Maximum Daily Loads (TMDLs)
Field Site Visits:
❑ Municipal Facilities. Number visited: Choose an item.
❑ MS4 Outfalls. Number visited: Choose an item
❑ Construction Sites. Number visited: Choose an item.
❑ Post -Construction Stormwater Runoff Controls. Number visited: Choose an item,
❑ Other: Number visited: Choose an item.
❑ Other: Number visited: Choose an item.
Inspector(s) Conducting Audit
Name, Title
Organization
Kathleen Balaze, Staff Professional
WithersRavenel
Rebecca Rahn, Staff Professional
WithersRavenel
Kimberly Sturgis, Stormwater Coordinator
City of Mount Holly
Audit Report Author:
Date:
Signature
10/4/2021
Audit Report u or:
Date:
Signature
10/04/2021
Audit Report thor:
Date
Signature
Audit Date(s): September 20, 2021 Page 1 of 14

Permittee Information
MS4 Permittee Name:
City of Mount Holly
Permit Effective Date:
February 2017
Permit Expiration Date:
February 2022
City, State, ZIP:
P.O. Box 406, Mount Holly, NC 28120
Date of Last MS4 Inspection/Audit:
May 24-25, 2021
Co-permittee(s), if applicable: N/A
Permit Owner of Record:
Miles Braswell, City Manager, Robert Whitt, Mayor, Co -Owner; David Johnson, Utilities Director, Signature Authority
Primary MS4 Representatives Participating in Audit
Name, Title
Organization
Kimberly Sturgis, Stormwater Coordinator
City of Mount Holly
David Johnson, Utilities Director
City of Mount Holly
Joseph Alm, Stormwater Administrator
Gaston County
Chad Waldrup, Natural Resources Conservationist
Gaston County
MS4 Receiving Waters
Waterbody
Classification
Impairments
Dutchman's Creek
WS-Iv
Turbidity
Fites Creek
WS-lv
None Known
Taylors Creek
WS-Iv
None Known
Stanley Creek
WS-IV
None Known
South Stanley Creek
WS-Iv
None Known
Audit Date(s): September 20, 2021 Page 2 of 14

Supporting Documents
Item
Number
Document Title
When Provided
(Prior to/During/After)
1
City of Mount Holly Website/Gaston County Website
https://www.mtholly.us/community_snapshot/stormwater.ph p
https://www.gastongov.com/government/departments/natural_resources/star
mwater_control.php
Prior To
2
Gaston County Erosion Control Ordinance
After
3
City of Mount Holly Code of Ordinances
Prior To
4
Gaston County Soil Erosion and Sedimentation Control Letter of Approval
After
5
Gaston County Soil Erosion and Sedimentation Control Letter of Disapproval
After
6
Gaston County Soil Erosion and Sedimentation Control Inspection Report
After
7
Gaston County Soil Erosion and Sedimentation Control Notice of Violations
After
8
City of Mount Holly Private SCMs
After
9
City of Mount Holly Review Letter
After
Audit Date(s): September 20, 2021 Page 3 of 14

Construction Site Runoff Controls
Staff Interviewed:
Joseph Alm, Gaston County Stormwater Administrator
(Name, Title, Role)
Chad Waldrup, Gaston County Natural Resources Conservationist
Program Delegation Status:
❑x The permittee has a delegated Sediment and Erosion Control Program and implements the North Carolina
Sedimentation Pollution Control Act (SPCA) of 1973 components of this minimum measure (complete the permit
citation and SPCA citation sections).
❑ The permittee does not have a delegated Sediment and Erosion Control Program and relies on DEMLR to comply
with the North Carolina Sedimentation Pollution Control Act (SPCA) of 1973 components of this minimum measure
(complete only the permit citation section).
Permit Citation Program Requirement Status supporting
Doc No.
II.E.3 Construction
Site Runoff Controls The permittee provides and promotes a means for the public to notify the
[NPDfS Permit No. appropriate authorities of observed erosion and sedimentation problems (e.g., Yes ---
NCS0004351 promoting the existence of the DELL DEMLR "Stop Mud" hotline),
Comments (Describe how provided and promoted)
The City provides a link to a stormwater hotline on the website as well as a webpage dedicated to construction site runoff control,
https://www.mtholly.us/community_snapshot/measure_4_5_construction_and_post-construction_site_runoff_cont rot. php
Gaston County provides a telephone number and email address on the erosion control webpage.
https://www.gastongov.com/government/departments/natural_resources/LearningAboutErosionControl.php
SPCA Citation
Delegated Program Requirement
Status
Supporting
Doc No.
113A-60 Local
The permittee has adopted an ordinance or other regulatory mechanism to enforce
erosion and
the erosion and sedimentation control program.
Yes
Z
sedimentation
control programs (a)
If yes, the ordinance meets or exceeds the minimum requirements of the
SPCA,
Yes
---
If yes, the ordinance applies throughout the corporate limits of the permittee.
[Permit Part l.D]
Yes
--
Comments (Provide regulatory mechanism reference or Supporting Documentation number)
Gaston County performs sedimentation and erosion control for the City of Mount Holly. Gaston County Code of Ordinance —Article
III — Soil Erosion and Sedimentation Control. Erosion control permits are required for projects that will disturb 1 acre or more.
Buffer and ground cover requirements are also specified.
Audit Date(s): September 20, 2021 Page 4 of 14

Construction Site Runoff Controls
§ 113A-60 Local
erosion and
The permittee collects a fee paid by each person who submits an erasion and
sedimentation
sedimentation control plan.
Yes
�
control programs (d)
Comments (indicate the fee amount, if applicable)
Fees are listed on the Gaston County website as $300/acre.
https://www,gastongov.com/government/departments/natural_resources/LearningAboutErosionControl. php
113A-60 Local
Has any person initiated a land -disturbing activity (within the permittee's
erosion and
jurisdiction) for which an erosion and sedimentation control plan is required in the
Not
---
sedimentation
absence of an approved plan?
Applicable
control programs (e)
If yes, the permittee has notified the North Carolina Sedimentation Control
Not
Commission of all such cases.
Applicable
Has the permittee determined that a person engaged in a land -disturbing activity
Not
has failed to comply with an approved erosion and sedimentation control plan?
Applicable
If yes, has the permittee referred any such matters to the North Carolina
Not
Sedimentation Control Commission for inspection and enforcement?
Applicable
Comments
Gaston County is a State Delegated Local SESC Program and enforces the SESC Ordinance within the permittee's jurisdiction via
adoption of Gaston County SESC Ordinance and Inter -Local Agreement. The City of Mount Holly forwards sedimentation and
erosion control complaints to Gaston County Natural Resources.
113A-61 Local
The permittee reviews each erosion and sedimentation control plan submitted to
approval of erosion
them and notifies the person submitting the plan that it has been approved,
Yes
4,5
and sedimentation
approved with modification, or disapproved within 30 days of receipt.
control plans
The permittee only approves an erosion and sedimentation control plan upon
determining that it complies with all applicable State and local regulations.
Yes
4
The permittee has disapproved of an erosion and sedimentation control plan in
order to protect riparian buffers along surface waters.
No
---
If yes, the permittee notified the Director of the Division of Energy,
Not
Mineral, and Land Resources within 10 days of the disapproval.
Applicable
_
Comments
As a Delegated Local Program, Gaston County performs sedimentation and erosion control plan reviews, and issues plan approval,
approval with modifications, or disapproval letters. All plan review decisions, and respective letters, are sent to person submitting
the plan and copies are kept on file with each submitted project. Plans that display potential impacts to riparian buffers and/or
surface waters are reviewed by Gaston County Staff and decisions are contingent upon consultation with NC Division of Water
Resources. Gaston County ordinance specifies 30 days for plan review.
Audit Date(s): September 20, 2021 Page 5 of 14

Construction Site Runoff Controls
§ 113A-61.1
Inspection of land-
The certificate of approval of each erosion and sedimentation control pian
Yes
4
disturbing activity;
approved by the permittee includes a notice of the right to inspect.
notice of violation
(a)
The permittee provides for inspection of land -disturbing activities to ensure
compliance with the SPCA and to determine whether the measures required in an
Yes
6
erosion and sedimentation control plan are effective.
Comments
Letters of Approval indicate a notice of the County's right to inspect. Inspections by Gaston County are performed throughout the
construction process.
§ 113A-61.1
When the permittee determines that a person engaged in land -disturbing activity
Inspection of land-
has failed to comply with the SPCA, the Permittee immediately issues a notice of
Yes
7
disturbing activity;
violation upon that person.
notice of violation
Each notice of violation issued by the permittee specifies the date by which the
(c)
person must comply.
Yes
7
Each notice of violation issued by the permittee informs the person of the actions
Yes
7
that need to be taken to comply.
Comments
Inspection Reports and NOV's, fisting violations of the SPCA and the compliance date, are sent to the financially responsible person,
and/or landowner.
113A-64 Penalties
Does the permittee issue civil penalties as part of the erosion and sedimentation
program?
Yes
1,2
Comments (indicate when/why a civil penalty is issued, and the amount, if applicable)
Penalties are described in the County sedimentation and erosion control website and ordinance,
Audit Date(s): September 20, 2021 Page 6 of 14

Post -Construction Site Runoff Controls
Staff Interviewed: Kimberly Sturgis, Stormwater Coordinator
(Name, Title, Role) David Johnson, Utilities Director
Implementation (check all that apply):
❑x The permittee implements the components of this minimum measure.
❑ The permittee relies upon another entity to implement the components of this minimum measure: name of entity
❑ The permittee implements the following deemed -compliant program(s), which meet NPDES MS4 post -construction
requirements for the areas where implemented and in compliance with the specific program requirements as provided in 15A
NCAC and noted below (Complete Session Law 2005-246 section below):
❑ Water Supply Watershed I (WS-1) — 15A NCAC 2B .0212
❑ Water Supply Watershed II (WS-II) —15A NCAC 2B .0214
❑ Water Supply Watershed III (WS-III) —15A NCAC 213,0215
© Water Supply Watershed IV (WS-IV) —15A NCAC 213.0216
❑ Freshwater High Quality Waters (HQW) — 15A NCAC 2H .1006
❑ Freshwater Outstanding Resource Waters (ORW) —15A NCAC 2H .1007
❑ Neuse River Basin Nutrient Sensitive (NSW) Management Strategy— 15A NCAC 2B .0235
❑ Tar -Pamlico River Basin Nutrient Sensitive (NSW) Management Strategy —15A NCAC 2B ,0258
❑ Randleman Lake Water Supply Watershed Nutrient Management Strategy —15A NCAC 213 .0251
❑ Universal Stormwater Management Program —15A NCAC 2H .1020
Ordinance(s) (check all that apply):
The permittee utilizes the following ordinances and/or regulatory authority to fulfill post construction minimum measure program
requirements throughout the MS4 permitted area (check all that apply):
❑ DEQ model ordinance
❑X MS4 designed post -construction practices that meet or exceed 15A NCAC 02H .1000.
❑ DEQ approved comprehensive watershed plan
❑ DEQ approved ordinance for a deemed -compliant Program (see list above)
Incfrnrtinnc-
For MS4s not implementing a S.L. 2006-246 deemed -compliant program, complete only the Permit Citation section below.
For MS4s implementing a S.L. 2006-246 deemed -compliant program, complete the Session Low 2006-246 section below. If the MS4
does not implement a deemed -compliant program throughout the entire MS4 permitted area, then complete the Permit Citation
section below for the permitted areas) not covered under the S.L. 2006-246 deemed -compliant program.
Audit Date(s): September 20, 2021 Page 7 of 14

Post -Construction Site Runoff Controls
Session Law 2006-
Program Requirement
Status
supporting
246
Doc No.
Deemed -Compliant
The permittee implements deemed -compliant Program requirements in
Program(s)
accordance with the applicable 15A NCAC rules.
No
---
The permittee implements deemed -compliant Program requirements throughout
the entire MS4 area (If not, also complete the Permit Citation section below.)
No
---
The permittee applies deemed -compliant Program requirements to all federal,
state and local government projects within the permitted M54 area who do not
No
---
have their own NPDES stormwater permit.
The permittee included deemed -compliant Program reporting in their MS4 Annual
Reports.
Not
Applicable
---
The permittee included deemed -compliant Program implementation in their
Stormwater Management Plan.
Not
Applicable
Comments
There are no deemed -compliant programs implemented in Mount Holly.
Permit Citation
Program Requirement
Status
Supporting
Doc No.
II.F.2.a
The permittee maintained an ordinance or other regulatory mechanism designed
Legal Authority
to meet the objectives of the Post -Construction Site Runoff Controls Stormwater
Yes
3
Management Program.
If yes, the ordinance applies throughout the corporate limits of the permittee
(Verify permit coverage area listed in Part I.D of permit and modify
Yes
3
accordingly).
The permittee has the authority to review designs and proposals for new
development and redevelopment to determine whether adequate stormwater
Yes
3
control measures will be installed, implemented, and maintained.
The permittee has the authority to request information such as stormwater plans,
inspection reports, monitoring results, and other information deemed necessary to
evaluate compliance with the Post -Construction Stormwater Management
Yes
3
Program.
The permittee has the authority to enter private property for the purpose of
inspecting at reasonable times any facilities, equipment, practices, or operations
Yes
3
related to stormwater discharges.
Comments
The City's Land Development Ordinance, Chapters 17 and 23 authorize the City to review plans, request information, and enter
private property to conduct inspections of post construction stormwater control measures (SCMs).
https://cros8.revize,com/revize/mounthoIly//subdivision-and-land-development-ordinance.pdf
I I. F.2. b
The permittee utilizes strategies which include SCMs appropriate for the MS4.
Yes
3
Audit Date(s): September 20, 2021 Page 8 of 14

Post -Construction Site Runoff Controls
Stormwater Control
Measures (SCMs)
SCMs comply with 15A NCAC 02H .1000.
Yes
3
Comments
SCMs are required to comply with the State Minimum Design Criteria and Stormwater Design Manual.
II.F.2.c
The permittee conducted site plan reviews of all new development and
Plan Reviews
redeveloped sites that disturb greater than or equal to one acre (including sites
that disturb less than one acre that are part of a larger common plan of
Yes
---
development or sale).
If yes, the site plan reviews addressed how the project applicant meets the
performance standards.
Yes
---
If yes, the site plan reviews addressed how the project will ensure long-term
maintenance.
Yes
---
Comments
Plans are reviewed prior to issuing certificates of occupancy and comment letters are sent when deficiencies are identified.
II.F.2.d
The permittee maintained an inventory of projects with post -construction
Inventory of Projects
structural stormwater control measures installed and implemented at new
Yes
8
development and redeveloped sites.
The inventory included both public and private sector sites located within the
permittee's corporate limits that are covered by its post -construction ordinance
Yes
8
requirements.
Comments
The City maintains an inventory of public and private SCMs.
II.F.Z.e
The permittee provided mechanisms such as recorded deed restrictions and
Deed Restrictions
protective covenants that ensure development activities will maintain the project
Yes
3
and Protective
consistent with approved plans.
Covenants
Comments
The City requires operations and maintenance manuals as part of plan submittals.
II.F.2.f
The permittee implemented or required an operation and maintenance plan for
Mechanism to
the long-term operation of the SCMs required by the program.
Yes
---
Require Long-term
Operation and
The operation and maintenance plan required the owner of each SCM to perform
Maintenance
and maintain a record of annual inspections of each SCM.
No
--
Annual inspection of permitted structural SCMs are required to be performed by a
qualified professional.
No
---
Audit Date(s): September 20, 2021 Page 9 of 14

Post -Construction Site Runoff Controls
Comments
The City requires operations and maintenance manuals as part plan submittals. Plan reviews include checking for maintenance
right-of-way for SCMs as well as review of SCM operations and maintenance manuals. Annual inspections of SCMs have not been
enforced.
11.F.2.,R
The permittee conducted and documented inspections of each project site covered
Inspections of
under performance standards, at least one time during the permit term (Verify this
Yes
---
structural
is a permit condition in Part ILF.2.g of permit and modify accordingly).
5tormwater Control
Before issuing a certificate of occupancy or temporary certificate of occupancy, the
Measures
permittee conducted a post -construction inspection to verify that the permittee's
performance standards have been met or a bond is in place to guarantee
Yes
---
completion (Verify this is a permit condition in Part II.F.2.g of permit and modify
accordingly.
The permittee developed and implemented a written inspection program for SCMs
installed pursuant to the post -construction program (Verify this is a permit
No
---
condition in Part II.F.2.g of permit and modify accordingly.
The permittee documented and maintained records of inspections.
Yes
---
The permittee documented and maintained records of enforcement actions.
Yes
---
Comments
The City as -built process includes review of site plans and site visits before issuance of certificate of occupancy. No inspection
program for private SCMs has been developed.
II1.2.11
The permittee made available through paper or electronic means, ordinances,
Educational
post -construction requirements, design standards checklists, and other materials
Materials and
appropriate for developers.
Training for
Note: New materials may be developed by the permittee, or the permittee may use
Yes
1
Developers
materials adopted from other programs and adapted to the permittee's new
development and redevelopment program.
Comments (if the permittee has adopted materials from other programs, indicate here which materials they are using)
The City ordinance and requirements are listed on the City webpages.
II.F.2.i Enforcement
The permittee tracked the issuance of notices of violation and enforcement
actions.
Yes
9
If yes, the tracking mechanism included the ability to identify chronic violators
for initiation of actions to reduce noncompliance.
Yes
---
Comments
Projects are bonded and inspection reports documented, but no chronic violators have been identified at this time at this time.
Audit Date(s): September 20, 2021 Page 10 of 14

Post -Construction Site Runoff Controls
Il.F.3.b
The permittee fully complies with post construction program requirements on its
New Development
own publicly funded construction projects.
Yes
--
Comments
Municipal projects are reviewed by the state.
II.F.3.c
Does the MS4 have areas draining to Nutrient Sensitive Waters (NSW) pursuant to
Nutrient Sensitive
1SA NCAC 02H .01S0?
No
Waters
If yes, does the permittee use SCMs that reduce nutrient loading in order to
Not
meet local program requirements.
Applicable
If yes, does the permittee also still incorporate the stormwater controls
Not
required for the project's density level.
Applicable
If yes, does the permittee also require documentation where it is not feasible to
Not
use SCMs that reduce nutrient loading.
Applicable
Comments (Provide reference for local requirements)
The permittee ensured that the design volumes of SCMs take into account the
Design
Designn Volume
runoff at build out from all surfaces draining to the system.
Yes
---
Where "streets" convey stormwater, the permittee designed SCMs to be sized to
treat and control stormwater runoff from all surfaces draining to the SCM including
Yes
---
streets, driveways, and other impervious surfaces.
Comments
The City ordinance requires SCMs to comply with the Minimum Design Criteria and Stormwater Design Manual, which require
design volumes to take full build out and all impervious into account.
Audit Dates): September 20, 2021 Page 11 of 14

Total Maximum Daily Loads(TMDLs)
Staff Interviewed:
N/A
(Name, Title, -Role)
Program Status:
0 The permittee is not subject to an approved TMDL (skip the rest of this section).
The permittee is subject to an approved TMDL for: name of parameter(s) and dates) approved
There El is ❑ is not a Waste Load Allocation (WLA) in the approved TMDL (If there is a WLA, then complete items H.H.1-5
below. If there is not a WLA, skip to item II.H.6 below)
Permit Citation Program Requirement Status supporting
Doc No,
II.H,3TMDLs Within 12 months of final TMDL approval, the permittee's annual reports included Choose
a description of existing programs, controls, partnerships, projects and strategies to ---
address impaired waters. an item.
Within 12 months of final TMDL approval, the permittee's annual reports provided Choose
a brief explanation as to how the programs, controls, partnerships, projects and ---
strategies address impaired waters. an item.
Comments
4:I.H.4TMDLs
Within 24 months of final TMDL approval, the permittee's annual reports included
Choose
an assessment of whether additional structural and/or non-structural BMPs are
---
necessary to address impaired waters.
an item.
Within 24 months of final TMDL approval, the permittee's annual reports included
Choose
a brief explanation as to how the programs, controls, partnerships, projects and
---
strategies address impaired waters.
an item.
Comments
--II,H.5 TMDLs
Within 36 months of final TMDL approval, the permittee's annual reports included
Choose
a description of activities expected to occur and when activities are expected to
---
an item.
occur.
Audit Date(s): September 20, 2021 Page 12 of 14

Total Maximum Daily Loads (TM:DLs)
Comments
II.H.6 TMDLs
If there is no Waste Load Allocation in the approved TMDL, the permittee
evaluated strategies and tailored and/or expanded BMPs within the scope of the
Choose
six minimum measures to enhance water quality recovery strategies in the
an item.
watershed(s) to which the TMDL applies.
The permittee described strategies and tailored and/or expanded BMPs in their
Choose
Stormwater Management Plan and annual reports
an item.
Comments
Audit Date(s): September 20, 2021 Page 13 of 14

APPENDIX A: SUPPORTING DOCUMENTS
Audit Date(s): September 20, 2021 Page 14 of 14

9129121, 5:49 AM Gaston County, INC Code of Ordinances
ARTICLE III. - SOIL EROSION AND SEDIMENTATION CONTROL
Footnotes:
--- (3) ---
Editor's note— Res. No. 2007-251, §§ 1-24, adopted June 28, 2007 did not speclflcally, amend the Code and at the discretion of the editor said provisions have been codl9ed as
superseding the provisions of fanner Art, IN, §§ 4-51-4-74, which pertained to soil erosion and sedimentation control and derived from Res, No. 2003-082, §§ 1-24, adopted Mar. 13,
2003 and ordinances adopted May 8, 1986; May 11, 1969 (Res. 89-117); Sept. 10, 1992, Res. No. 2002-343, §§ 1-24, adopted Nov. 14, 2002,
Cross reference— Flood damage prevention, § 4-11 at seq.; Environment, Ch. 5.1.
Sec. 4-51. - Title.
This article may be cited as the Gaston County Soil Erosion and Sedimentation Control Ordinance.
(Res. No. 2007-251, § 1, 6-28-2007; Res. No. 2010-270, § 1, 9-23-2010)
Sec. 4-52. - Purpose.
This article Is adopted for the purposes of:
(1) Regulating certain land -disturbing activity to control accelerated erosion and sedimentation In order to prevent the pollution of water and
other damage to lakes, watercourses, and other public and private property by sedimentation; and
(2) Establishing procedures through which these purposes can be fulfilled.
(Res. No. 2007-251, § 2, 6-28-2007; Res. No. 2010-270, § 2, 9-23-2010)
Sec. 4-53. -jurisdiction.
The Gaston County Board of Commissioners hereby adopts this article. The ordinance applies to all portions of Gaston County, except for that property
within the city limits of the Incorporated municipalities of Gaston County. However, this article may later be adopted to also apply within other regions upon
proper resolution duly adopted by the governing bodies of the respective regions and the commissioners. Wherever conflicts exist between federal, state, or
local laws, ordinances, or rules, the more restrictive provision shall apply.
(Res. No. 2007-251, § 3, 6-28-2007; Res. No. 2010-270, § 3, 9-23-2010)
Sec. 4-54. - Definitions.
As used in this article, unless the context clearly indicates otherwise, the following definitions apply:
Accelerated erosion means any increase over the rate of natural erosion as a result of land -disturbing activity.
Act means the North Carolina Sedimentation Pollution Control Act of 1973 and all rules and orders adopted pursuant to It.
Adequate erosion control measure, structure, or device means one which controls the soil material within the land area under responsible control of the
person conducting the land -disturbing activity.
Affiliate means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of another
person.
Being conducted means a land -disturbing activity has been initiated and permanent stabilization of the site has not been completed.
Borrow means fill material, which is required for on -site construction and is obtained from other locations.
Bufferzone means the strip of land adjacent to a lake or natural watercourse.
Final certificate ofoccupancymeans the document required by the North Carolina State Building Code certifying that a new building shall not be occupied
or a change made in occupancy, nature or use of a building until after all required building and services systems have been inspected for compliance with the
technical codes and other applicable laws and ordinances and released by the Gaston County Code Enforcement Department.
Commission means the North Carolina Sedimentation Control Commission.
Completion ofconstruction or development means that no further land -disturbing activity is required on a phase of project except that which is
necessary for establishing a permanent ground cover.
Departmentmeans the North Carolina Department of Environment and Natural Resources.
Director means the Director of the Division of Land Resources of the North Carolina Department of Environment and Natural Resources.
Discharge point means that point at which run-off leaves a tract of land.

9/29/21, 5:49 AM Gaston County, NC Code of Ordinances
District means the Gaston Soil and Water Conservation District created pursuant to G.S. Ch. 139.
Energy dissipater means a structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break
down the energy from high velocity flow.
Erosion means the wearing away of land surface by the action of wind, water, gravity, or any combination thereof.
Gaston County Environmental Review Board means the Gaston County Environmental Review Board.
Ground cover means any natural vegetative growth or other material that renders the soil surface stable against accelerated erosion.
High quality waters means those classified as such in 15A NCAC 2B.01 01 (e)(5) - General Procedures, which is incorporated herein by reference to include
further amendments.
High quality water (HQW)zones means areas In the coastal counties that are within five hundred seventy-five (575) feet of high quality waters and for the
remainder of the state areas that are within one (1) mile and drain to HQW's.
Lake ornatural watercourse means any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary, and any reservoir, lake or
pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment.
Land -disturbing activitymeans any use of the land by any person in residential, industrial, educational, Institutional, or commercial development, highway
and road construction and maintenance that results In a change in the natural cover or topography and that may cause or contribute to sedimentation.
Localgovernment means any county, incorporated village, town, or city, or any combination of counties, incorporated villages, towns, and titles, acting
through a joint program pursuant to the provisions of the Act.
Maymeans contingent upon the discretion of the Gaston Natural Resources Department Director.
Natural erosion means the wearing away of the earth's surface by water, wind, or other natural agents under natural environmental conditions
undisturbed by man.
Parentmeans an affiliate that directly, or indirectly through one (1) or more intermediaries, controls another person.
Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private
Institution, utility, cooperative, interstate body, or other legal entity.
Person conducting land -disturbing activity means any person who may be held responsible for a violation unless expressly provided otherwise by this
article, the Act, or any other order adopted pursuant to this article or the Act.
Person responsible for the violation means as used in this article, and G.S. 113A-64, means:
;oil; (1)\The developer or other person who has or holds himself out as having financial or operational control over the land -disturbing activity; or
;oil; (2)\The landowner or person in possession or control of the land when he has directly or indirectly allowed the land -disturbing activity or has
benefited from it or he has failed to comply with any provision of this article, the Act, or any order adopted pursuant to this article or the Act as imposes a
duty upon him.
Phase ofgradingmeans one (1) or two (2) types of grading, rough or fine.
Plan means an erosion and sedimentation control plan.
Recurring violation means a violation that has not been corrected within the time specified by the Gaston Natural Resources Department, or, a
reoccurrence of a violation from which a previous notice has been issued, not withstanding natural occurrences exceeding design requirements.
Sedimentmeans solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of
origin.
Sedimentation means the process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land -
disturbing activity or into a lake or natural watercourse.
Shall means a requirement.
Storm drainage facilities means the system of inlets, conduits, channels, ditches, and appurtenances which serve to collect and convey storm water
through and from a given drainage area.
Storm waterrun-off means the surface flow of water resulting from precipitation in any form and occurring immediately after rainfall or melting.
Subsidiary means an affiliate that is directly, or indirectly, through one or more intermediaries, controlled by another person.
Ten yearstorm means the surface run-off resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in ten (10)
years, and of a duration which will produce the maximum peak rate of run-off, from the watershed of interest under average antecedent wetness conditions.
Tractmeans all contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership.
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Twenty-five year storm means the surface run-off resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in
twenty-five (25) years, and of a duration which will produce the maximum peak rate of run-off, from the watershed of interest under average antecedent
wetness conditions.
Uncovered means the removal of ground cover from, on, or above the soil surface.
Undertaken means the initiating of any activity, or phase of activity, which results or will result in a change in the ground cover or topography of a tract of
land.
✓elocitymeans the average speed of flow through the cross-section of the main channel at the peak flow of the storm of interest. The cross-section of the
main channel shall be that area defined by the geometry of the channel plus the area of the flow below the flood height defined by vertical lines at the main
channel banks. overload flows are not to be included for the purpose of computing velocity of flow.
Waste means surplus materials resulting from on -site land -disturbing activities and being disposed of at other locations.
Working days means days, exclusive of Saturday and Sunday during which weather conditions or soil conditions permit land -disturbing activity to be
undertaken.
(Res. No. 2007-251, § 4, 6-28-2007; Res. No. 2010-270, § 4, 9-23-2010)
Sec. 4-55. - Scope and exclusions.
This article shall not apply to the following land -disturbing activities:
(1) Activities, Including the breeding and grazing of livestock, undertaken on agricultural land for the production of plants and animals useful to
man, including, but not limited to:
a. Forages and sod crops, grains and feed crops, tobacco, cotton, and peanuts.
b. Dairy animals and dairy products.
c. Poultry and poultry products.
d. Livestock, including beef cattle, llamas, sheep, swine, horses, ponies, mules, and goats.
e. Bees and apiary products.
f. Fur producing animals.
(2) Activities undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with Best
Management Practices set out in "Forest Practice Guidelines Related to Water Quality," as adopted by the Department. If land -disturbing
activity undertaken on forestland for the production and harvesting of timber and timber products is not conducted in accordance with "Forest
Practice Guidelines Related to Water Quality," the provisions of this article shall apply to such activity and any related land -disturbing activity
on the tract; and
(3) Activities for which a permit is required under the Mining Act of 1971, G.S, Ch, 74, Art. 7.
(4) Land -disturbing activity over which the State has exclusive regulatory jurisdiction as provided in G.S. 113A-56(a). The Commission shall have
jurisdiction, to the exclusion of local governments, to adopt rules concerning land -disturbing activities that are:
a. Conducted by the state;
b. Conducted by the United States;
c. Conducted by persons having the power of eminent domain;
d. Conducted by local governments; or
e. Funded In whole or In part by the State or the United States,
(5) For the duration of an emergency, activities essential to protect human life.
(Res. No. 2007-251, § 5, 6-28-2007; Res. No. 2010-270, § 5, 9-23-2010)
Sec. 4-56. -General requirements and objectives.
(a) Plan required. No person shall initiate any land -disturbing activity which uncovers one (1) acre or more, or projects less than one (1) acre that are
part of a larger common plan of development or sale, without having an erosion and sedimentation control plan approved by the Gaston County
Natural Resources Department, and in borrow and waste areas covered by section 4-61 with a disturbed area one (1) acre or greater. In
determining the area lands under one or diverse ownership being developed as a unit will be aggregated.
(b) Compliance. Person who submits a Plan to the Gaston County Natural Resources Department shall comply with the provisions of section 4-68 of
this article.
(c) Protection ofproperty. Persons conducting land -disturbing activity shall take all reasonable measures to protect all public and private property
from sedimentation siltation caused by such activity.
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(d) More restrictive rules shall apply. Whenever conflicts exist between federal, state, or local laws, ordinances, or rules, the more restrictive provision sF
apply.
(Res, No. 2007-251, § 6, 6-28-2007; Res. No. 2010-270, § 6, 9-23-2010)
Sec. 4-57. - Basic control objectives.
A plan may be disapproved pursuant to section 4-68 of this article if the plan fails to address the following control objectives:
(1) Identify critical areas. On -site areas, which are subject to severe erosion, and off -site areas, which are especially vulnerable to severe erosion
and/or sedimentation are to be identified.
(2) Limit time of exposure. All land -disturbing activity is to be planned and conducted to limit exposure to the shortest feasible time.
(3) Limit exposed areas. All land -disturbing activity is to be planned and conducted to minimize the size of the area to be exposed at anytime.
(4) Control surface water. Surface water run-off originating upgrade of exposed areas shall be controlled to reduce erosion and sediment loss
during the period of exposure.
(5) Control sedimentation. All land -disturbing activity is to be planned and conducted so as to prevent off -site sedimentation damage to the extent
required by the Act.
(6) Manage storm waterrun-off. When the increase in the velocity of storm water run-off resulting from a land -disturbing activity is sufficient to
cause accelerate erosion of the receiving watercourse, plans are to include measures to control the velocity at the point of discharge so as to
minimize accelerated erosion of the site and to decrease sedimentation to any lake or natural watercourse.
(Res. No. 2007-251, § 7, 6-28-2007; Res. No. 2010-270, § 7, 9-23-2010)
Sec. 4-58. - Mandatory standards for land -disturbing activity.
No land -disturbing activity subject to the control of this article shall be undertaken except in accordance with the following mandatory standards:
(1) Bufferzone.
a. No land -disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural
watercourse unless a buffer zone is provided along the margin of the watercourse of sufficient width to confine visible siltation within the
twenty-five (25) percent of the buffer zone nearest the land -disturbing activity. The minimum width of the buffer zone shall not be less than
ten (10) feet. Visible siltation must not discharge through the buffer zone. This subdivision shall not apply to a land -disturbing activity in
connection with the construction of facilities to be located on, over, or under a lake or natural watercourse.
b. Unless otherwise provided, the width of a Buffer Zone begins and is measured at least ten (10) feet from the edge of the top of the bank of
the watercourse to the nearest edge of the disturbed area with the twenty-five (25) percent of the strip nearer the land -disturbing activity
containing natural and or artificial means of confining visible siltation. Natural or artificial means of confining visible siltation must be
placed, constructed or Installed outside the undisturbed buffer zone.
(2) Graded slopes and fills. The angle for graded slopes and fills shall be no greater than the angle that can be retained by vegetative cover or
other adequate erosion -control devices or structures. In any event, slopes left exposed will, within twenty-one (21) calendar days of completion
of any phase of grading, be planted or otherwise provided with temporary or permanent ground cover, devices, or structures sufficient to
restrain erosion.
(3) Fill material. Unless a permit from the department's division of waste management to operate a landfill is on file for the official site, acceptable
fill material shall be free of organic or other degradable materials, masonry, concrete and brick in sizes exceeding twelve (12) Inches, and any
materials which would cause the site to be regulated as a landfill by the State of North Carolina.
(4) Ground cover. Whenever land -disturbing activity that will disturb one (1) or more acres is undertaken on a tract the person conducting the
land -disturbing activity shall install such sedimentation and erosion control devices and practices as are sufficient to retain the sediment
generated by the land -disturbing activity within the boundaries of the tract during construction upon and development of said tract, and shall
plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development. Except as
provided in section 4-69(b)(5) of this article, provisions for a ground cover sufficient to restrain erosion must be accomplished within fifteen
(15) working days or ninety (90) calendar days (whichever period is shorter), following completion of construction or development.
(5) Priorplan approval. No person shall initiate any land -disturbing activity that will disturb one (1) or more acres on a tract unless, thirty (30) or
more days prior to initiating the activity, a Plan for the activity is filed with the Gaston County Natural Resources Department. Should the plan
be filed, approved and a certificate of approved plan Issued in less than thirty (30) days from the filing of the plan, the land -disturbing activity
may commence.
(6) Plan compliance. The land -disturbing activity shall be conducted in accordance with the approved erosion and sedimentation control plan.
(7) Self -inspections The person(s) conducting land -disturbing activity shall perform an inspection of the area covered by the plan after each phase
of the plan has been completed and after establishment of temporary ground cover. Such inspection reports shall be maintained and made
available on -site. Any deviation from the plan shall be documented. Records shall be maintained until permanent groundcover has been
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Gaston County, NC Code of Ordinances
(8) The person(s) (developer or other person who has or holds himself out as having financial or operational control over the land -disturbing
activity) conducting land -disturbing activity or an agent of that party shall contact the Gaston County Natural Resources Department at least
forty-eight (48) hours before commencement of the land -disturbing activity.
(9) The Gaston County Natural Resources Department may require an onsite meeting with the persons) conducting land -disturbing activity, or an
agent of that party, to review and discuss the approved plan before commencement of the land -disturbing activity.
(Res. No. 2007-251, § 8, 6-28-2007; Res. No. 2010-270, § 8, 9-23-2010)
Sec. 4-59. - Design and performance standards.
(a) Except as provided in subsection 45959(b)(2), of this article, erosion and sedimentation control measures, structures, and devices shall be so
planned, designed, and constructed as to provide protection from the calculated maximum peak rate of run-off from the ten-year storm. Run-off
rates can be calculated using the rational method, the Natural Resources Conservation Service INKS) peak discharge method, or other acceptable
methods.
(b) In high quality water zones (HQW) the following design standards shall apply:
(1) Uncovered areas in HQW zones shall be limited at any time to a maximum total area within the boundaries of the tract of twenty (20) acres.
Only this section shall govern the portion of the land -disturbing activity within a HQW zone. Larger areas may be uncovered with the written
approval of the Director.
(2) Erosion and sedimentation control measures, structures, and devices within HQW zones shall be so planned, designed and constructed to
provide protection from the run-off of the twenty-five (25) year storm which produces the maximum peak rate of run-off as calculated
according to procedures in the USDA, Natural Resource Conservation Service's "National Engineering Field Manual for Conservation Practices,
or according to procedures adopted by any other agency of this state or the United States or any generally recognized organization or
association.
(3) Sediment basins within HQW zones shall be designed and constructed such that the basin will have a settling efficiency of at least seventy (70)
percent for the forty (40) micron (0.04 mm) size soil particle transported into the basin by the run-off of that two-year storm which produces
the maximum peak rate of run-off as calculated according to the procedures In the USDA, Natural Resources Conservation Service's "National
Engineering Field Manual for Conservation Practices" or according to procedures adopted by any other agency of this state or the United
States or any generally recognized organization or association.
(4) Newly constructed open channels in HQW zones shall be designed and constructed with side slopes no steeper than two (2) horizontal to one
(1) vertical if a vegetative cover is used for stabilization unless soil conditions permit a steeper slope or where the slopes are stabilized by using
mechanical devices or other acceptable ditch liners. In any event, the angle for side slopes shall be sufficient to restrain accelerated erosion.
(5) Ground cover sufficient to restrain erosion must be provided for any portion of a land -disturbing activity in a HQW zone within fifteen (15)
working days or sixty (60) calendar days following completion of any phase of construction or development, whichever period is shorter.
(Res. No. 2007-251, § 9, 6-28-2007; Res. No. 2010-270, § 9, 9-23-2010)
Sec. 4-60. - Storm water outlet protection.
(a) Persons shall prepare a plan that designs the post construction velocity of the ten (10) year storm run-off in the receiving watercourse to the
discharge point that does not exceed the greater of:
(1) The velocity established by the table in subsection (d) of this section; or,
(2) The velocity of the ten (10) year storm run-off in the receiving watercourse prior to development.
If conditions one (1) or two (2) of this paragraph cannot be met, then the receiving watercourse to and including the discharge point shall be
designed and constructed to withstand the expected velocity anywhere the velocity exceeds the "prior to development" velocity by ten (10)
percent.
(b) Acceptable management measures. Measures applied alone or in combination to satisfy the intent of this section are acceptable if there are no
objectionable secondary consequences. The commission recognizes that the management of storm water run-off to minimize or control
downstream channel and bank accelerated erosion is a developing technology. Innovative techniques and ideas will be considered and may be
used when shown to have the potential to produce successful results. Some alternatives are to:
(1) Avoid increases in surface run-off volume and velocity by including measures to promote infiltration to compensate for increased run-off from
areas rendered impervious,
(2) Avoid increases in storm water discharge velocities by using vegetated or roughened swales and waterways in lieu of closed drains and high
velocity paved sections,
(3) Provide energy dissipaters at outlets of storm drainage facilities to reduce flow velocities to the point of discharge. These may range from
simple rip -rapped sections to complex structures,
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(4) Protect watercourses subject to accelerated erosion by improving cross sections and/or providing erosion -resistant lining.
(5) Upgrade or replace the receiving device, structure or watercourse such that it will receive and conduct the flow to a point where it Is no longer
subject to degradation from the Increased rate of flow or Increased velocity.
(c) Exceptions. This rule shall not apply where it can be demonstrated that storm water discharge velocities will not create an erosion problem in the
receiving watercourse.
(d) The following Is a table for maximum permissible velocity for storm water discharges: Units are in feet per second (FPS) and meters per second
(MPS).
Maximum Permissible Velocities
Material
F.P.S.
MY'S
Fine sand (non -colloidal)
2.5
0.8
Sandy loam (non -colloidal)
2.5
0.8
Silt loam (non -colloidal)
3.0
0.9
Ordinary firm loam
3.5
1.1
Fine gravel
5.0
1.5
Stiff clay (very colloidal)
5.0
1.5
Graded, loam to cobbles (non -colloidal)
5.0
1.5
Graded, silt to cobbles (colloidal)
5.5
1.7
Alluvial silts (non -colloidal)
3.5
1.1
Alluvial silts (colloidal)
Coarse Gravel (non -colloidal)
5.0
6.0
1.5
1.8
Cobbles and shingles
5.5
1.7
Shales and hard pans
6.0
1.8
Source -Adapted from recommendations by Special Committee on Irrigation Research, American Society of Civil Engineers, 1926, for channels with
straight alignment. For sinuous channels, multiply allowable velocity by 0.95 for slightly sinuous, by 0.9 for moderately sinuous channels, and by 0.8
for highly sinuous channels.
(Res. No. 2007-251, § 10, 6-28-2007; Res. No. 2010-270, § 10, 9-23-2010)
Sec. 4-61. - Borrow and waste areas.
When the person conducting the land -disturbing activity is also the person conducting the borrow or waste disposal activity, areas from which borrow is
obtained and which are not regulated by the provisions of the Mining Act of 1971, and waste areas for surplus materials other than landfills regulated by the
department's division of waste management, shall be considered as part of the land -disturbing activity where the borrow material is being used or from
which the waste material originated. When the person conducting the land -disturbing activity is not the person conducting the borrow and/or disposing of
the waste, these areas shall be considered a separate land -disturbing activity.
(Res. No. 2007-251, § 11, 6-28-2007; Res. No. 2010-270, § 11, 9-23-2010)
Sec. 4-62. -Access and haul roads.
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Temporary access and haul roads, other than public or private roads, constructed or used in connection with any land -disturbing activity shall be
considered a part of such activity.
(Res. No. 2007-251, § 12, 6-28-2007; Res. No. 2010-270, § 12, 9-23-2010)
Sec. 4-63. - Operations In lakes or natural watercourses.
Land -disturbing activity in connection with construction In, on, over, or under a lake or natural watercourse shall minimize the extent and duration of
disruption of the stream channel. Where relocation of a stream forms an essential part of the proposed activity, the relocation shall minimize unnecessary
changes in the stream flow characteristics.
(Res. No. 2007-251, § 13, 6-28-2007; Res. No. 2010-270, § 13, 9-23-2010)
Sec. 4-64. - Responsibility for maintenance.
During the development of the site, the person conducting the land -disturbing activity shall install and maintain all temporary and permanent erosion and
sedimentation control measures as required by the approved plan or any provision of this article, the Act, or any order adopted pursuant to this article orthe
Act. After site development, the landowner or person In possession or control of the land shall Install and/or maintain all necessary permanent erosion and
sedimentation control measures, except those measures installed within a road or street right-of-way or easement accepted for maintenance by a
governmental agency.
(Res, No. 2007-251, § 14, 6-28-2007; Res. No. 2010-270, § 14, 9-23-2010)
Sec. 4-65. - Additional measures.
Whenever the Gaston County Natural Resources Department determines that significant sedimentation is occurring as a result of land -disturbing activity,
despite application and maintenance of protective practices, the person conducting the land -disturbing activity will be required to and shall take additional
protective action.
(Res. No. 2007-251, § 15, 6-28-2007; Res. No. 2010-270, § 15, 9-23-2010)
Sec. 4-66. - Existing uncovered areas.
(a) All uncovered areas existing on the effective date of this article which resulted from land -disturbing activity, exceed one (1) acre, are subject to
continued accelerated erosion, and are causing off -site damage from sedimentation, shall be provided with a ground cover or other protective
measures, structures, or devices sufficient to restrain accelerated erosion and control off -site sedimentation.
(b) Gaston County Natural Resources Department reserves the right to require preparation and approval of an erosion and sedimentation control
plan In any Instance where extensive control measures are required.
(Res. No. 2007-251, § 16, 6-28-2007; Res, No. 2010-270, § 16, 9-23-2010)
Sec. 4-67. - Certificate of approved plan.
No person shall undertake any land -disturbing activity subject to this article without first obtaining a Certificate of Approved Plan from Gaston County,
through Its natural resources department, except that no certificate of approved plan shall be required for any land -disturbing activity:
(1) For the duration of an emergency, activities essential to protect human life; or
(2) This exclusion from Certificate of Approved Plan should allow land -disturbing activities for construction of a single-family residence on a single
lot, but may not exceed one (1) acre. Despite not being required to obtain a certificate of approved plan, parties engaged in land -disturbing
activities of less than one -acre are subject to all portions of this article. If the erosion and sediment control measures for the development site
are designed for all lot disturbances and being maintained, individual lots within the development site may be excluded.
(3) If a party has been determined to have been in recurring violation of this article within the past two (2) years on the same property or if a land -
disturbing activity requiring a plan is begun without a certificate of approved plan, the certificate of approved plan fee may be doubled for that
party.
(4) No certificate of approved plan will be issued to any party having an outstanding recurring violation on the same property subject to this
article.
(5) This decision may be appealed to the environmental review board.
(Res. No. 2007-251, § 17, 6-28-2007; Res. No. 2010-270, § 17, 9-23-2010)
Sec. 4-68. - Erosion and sedimentation control plans.
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(a) A pre -submittal conference with natural resources staff can be requested by the person(s) conducting land -disturbing activity or an agent of that part
take place at least ten (10) days prior to submittal of the plan for land -disturbing activities.
(b) At the pre -submittal conference, Natural Resources staff shall Inform the applicant of the processes Involved with plan review and approval,
issuance of a plan certificate and letter of approval, and the relationship of said plan and letter of approval with zoning, building code, and other
land -use regulations in effect In Gaston County. At the time of application submission, natural Resources staff also shall notify the applicant of the
appeal process as provided in the ordinance.
(c) Persons conducting land -disturbing activity on a tract which covers one (1) or more acres shall file two (2) copies of the erosion and sedimentation
control plan with the county natural resources department at least thirty (30) days prior to beginning such activity and shall keep another copy of
the plan on file at the job site. After approving the plan, if the county natural resources department either upon review of such plan or on
inspection of the job site, determines that a significant risk of accelerated erosion or off -site sedimentation exists, the county natural resources
department will require a revised plan. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined
by the appropriate authority.
(d) Erosion and sedimentation control plans may be disapproved unless accompanied by an authorized statement of financial responsibility and
ownership. The person financially responsible for the land -disturbing activity or his attorney shall sign this statement in fact. The statement shall
Include the mailing and street addresses of the principal place of business of the person financially responsible and of the owner of the land or
their registered agents. If the person financially responsible is not a resident of North Carolina, a North Carolina agent must be designated in the
statement for the purpose of receiving notice of compliance or non-compliance with the plan, the Act, this article, or rules or orders adopted or
issued pursuant to this article. If the applicant is not the owner of the land to be disturbed, the draft erosion and sedimentation control plan must
Include the owner's consent for the applicant to submit a draft erosion and sedimentation control plan and conduct the anticipated land -
disturbing activity.
(e) The Gaston Soil and Water Conservation District shall review the plan and submit any comments and recommendations to Natural Resources staff
within twenty (20) days after the Gaston Soil and Water District received the erosion and sedimentation control plan, or within any shorter period
of time as may be agreed upon by Gaston Soil and Water Conservation District and the Natural Resources staff. Failure of the Gaston Soil and
Water Conservation District to submit its comments and recommendations within twenty (20) days or within any agreed upon shorter period of
time shall not delay final action on the plan.
(f) The natural resources staff will review each complete plan submitted to them and within thirty (30) days of receipt thereof will notify the person
submitting the plan that it has been approved, approved with modifications, approved with performance reservations, or disapproved. Failure to
approve, approve with modifications, or disapprove a complete erosion and sedimentation control plan within thirty (30) days of receipt shall be
deemed approval. Disapproval of a plan must specifically state in writing the reasons for disapproval. The natural resources department must
approve with modifications, or disapprove a revised plan within fifteen (15) days of receipt, or it is deemed to be approved. The natural resources
department shall only approve a plan upon determining that It complies with all applicable state and local regulations for erosion and
sedimentation control. If, following commencement of a land -disturbing activity pursuant to an approved plan, the natural resources staff
determines that the plan is inadequate to meet the requirements of this article, the natural resources staff may require any revision of the plan
that is necessary to comply with this article. Failure to approve, approve with modifications, or disapprove a revised erosion and sedimentation
control plan within fifteen (15) days of receipt shall be deemed approval. The approved erosion and sedimentation control plan shall expire one (1)
year following the date of approval, if no land -disturbing activity has been undertaken.
(g) Any plan submitted for a land -disturbing activity for which an environmental document is required by the North Carolina Environment Policy Act
(G.S. 113A-1, et seq.) shall be deemed incomplete until a complete environmental document is available for review. The Gaston Natural Resources
Department shall promptly notify the person submitting the plan that the thirty (30) daytime limit for review of the plan pursuant to section 4-
,U(f) of this article shall not begin until a complete environmental document is available to review. The person submitting a plan to the natural
resources department, prior to submission of the plan, is solely and exclusively responsible for determining whether the proposed land -disturbing
activities require any form of state or federal environmental certification or documentation. The natural resources department shall condition
approval of an erosion and sedimentation control plan upon the applicant's compliance with federal and state water quality laws, regulations and
rules; and shall disapprove an erosion and sedimentation control plan If implementation of the plan would result In a violation of rules adopted by
the environmental management commission to protect riparian buffers along surface waters.
(h) Any plan required by this section shall contain architectural and engineering drawings, maps, assumptions, calculations, and narrative statements
as needed to adequately describe the proposed development of the tract and the measures planned to comply with the requirements of this
article. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for plan preparation may be obtained from the
Natural Resources Department on request.
(1) The Gaston County Natural Resources Department may disapprove an erosion and sedimentation control plan upon a finding that an applicant, or
a parent, subsidiary, or other affiliate of the applicant:
(1) Is conducting land -disturbing activity without an approved plan, or has received notice of violation of a plan previously approved by the
commission or a local government pursuant to the Act and has not complied with the notice within the time specified in the notice;
(2) Has failed to pay a civil penalty assessed pursuant to the Act or a local ordinance adopted pursuant to the Act by the time the payment is due
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and is not currently being appealed.
(3) Has been convicted of a misdemeanor pursuant to G.S. 113A-G4(b) or any criminal provision of a local ordinance adopted pursuant to the Act
or;
(4) Has failed to substantially comply with State rules or local ordinances and regulations adopted pursuant to the Act. For purposes of this
subsection (i) an applicant's record may be considered for only the two (2) years prior to the application date.
(5) Is in violation of Federal, State, or local laws, rules, regulations or ordinances pertalning to a different phase of the same tract and/or
development
Q) Applications for amendment of an erosion and sedimentation control plan in written and/or graphic form may be made at any time under the
same conditions as the original application. Until such time as said amendment is approved by the Gaston County Natural Resources Department,
the land -disturbing activity shall not proceed except in accordance with the erosion and sedimentation control plan as originally approved.
(k) Any person engaged in land -disturbing activity who fails to file a plan in accordance with this article, or who conducts a land -disturbing activity
except in accordance with provisions of an approved plan, shall be deemed in violation of this article.
(1) Any person engaged In land -disturbing activity who Is required by this article to file an erosion and sedimentation control plan shall pay a plan
review fee to the county in an amount to be determined by the Gaston County Board of Commissioners.
(Res. No. 2007-251, § 18, 6-28-2007; Res. No. 2010-270, § 18, 9-23-2010)
Sec. 4-69. - Environmental review board.
(a) Creation. There is hereby created in Gaston County, the environmental review board which is charged with the duties as provided for in this
article. The environmental review board shall consist of the following members:
(1) One person appointed by participating municipality as outlined in the environmental review board's policies and procedures,
(2) One (1) member of the Gaston County Home Builders Association, and two other developers nominated by the Gaston County Home Builders
Association for a total of three (3) individuals;
(3) Chairman of the Gaston County Soil and Water Conservation District or his/her designee;
(4) Chairman of the Gaston County quality of Natural Resources Commission or his/her designee;
(5) A member of the Gaston County Chamber of Commerce or his/her designee;
(6) One township representative appointed by the Gaston County Board of Commissioners; and
(7) A professional engineer registered under the provisions of G.S. Ch. 89C, appointed by the Gaston County Board of Commissioners.
(b) Appointments. The environmental review board members appointed by the Gaston County Board of Commissioners shall serve terms of office of
three (3) years and until their successors are appointed and duly qualified.
(c) Fees. The environmental review board shall make fee recommendations to the Gaston County Board of Commissioners.
(d) Other duties and responsibilities. The environmental review board shall hear and decide appeals from any decision or determination made by the
Gaston Natural Resources Department in the enforcement of this article and other duties as directed by the Gaston County Board of
Commissioners.
(Res. No. 2007-251, § 19, 6-28-2007; Res. No. 2010-270, § 19, 9-23-2010)
Sec. 4-70. - Appeals.
(a) Except as provided in section 4-68(b) of this article the appeal of a disapproval or approval with modifications of a plan shall be governed by the
following provisions:
(1) The disapproval or modification of any proposed erosion and sedimentation control plan by the county natural resources department shall
entitle the person submitting the plan to a public hearing If such person submits written demand for a hearing within fifteen (15) days after
receipt of written notice of disapproval or modifications.
(2) Hearings held pursuant to this section shall be conducted by the Gaston County Environmental Review Board, within thirty (30) days after the
date of the appeal or request for a hearing.
(3) The environmental review board will render Its final decision on any erosion and sedimentation control plan following completion of the
hearings.
(4) If the environmental review board upholds the disapproval or modification of a proposed soil erosion and sedimentation control plan
following the hearing, the person submitting the plan shall then be entitled to appeal the local government's decision to the North Carolina
Sedimentation Control Commission as provided In G.S. 113A-61(c) and Title 15A NCAC 46.0018(d).
(b) In the event that an erosion and sedimentation control plan is disapproved pursuant to section 4-68(1) of this article, the Gaston County Natural
Resources Department shall notify the director of land resources of such disapproval within ten (10) days. The department shall also advise the
applicant and the director in writing as to the specific reasons the plan was disapproved. The applicant may appeal the department's disapproval
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of the plan pursuant to section 4-68(i) of this article directly to the North Carolina Sediment Control Commission.
(Res. No. 2007-251, § 20, 6-28-2007; Res. No. 2010-270, § 20, 9-23-2010)
Sec. 4-71. - Inspections and Investigations.
(a) Agents, officials, or other qualified persons authorized by Gaston County will periodically inspect land -disturbing activities to ensure compliance
with the Act, this article, or rules or orders adopted or issued pursuant to this article, and to determine whether the measures required in the plan
are effective In controlling erosion and sediment resulting from land -disturbing activity. Notice of the right to inspect shall be included In the
certificate of approval of each erosion and sedimentation control plan. A list of authorized agents and officials shall be provided or listed at the
natural resources department.
(b) No person shall willfully resist, delay, or obstruct an authorized representative, employee, or agent of the county while that person Is inspecting or
attempting to inspect a land -disturbing activity under this section.
(c) If, it is determined that a person engaged in land -disturbing activity has failed to comply with the Act, this article, or rules, or orders adopted or
issued pursuant to this article, a notice of violation shall immediately be served upon that person. The notice may be served by any means under
G.S. 1A-1, Rule 4. The notice shall specify a date by which the person must comply with the Act, this article, or rules, or orders adopted pursuant to
this article, and inform the person of the actions that need to be taken to comply with the Act, this article, or rules or orders adopted pursuant to
this article. Any person who fails to comply in the time specified Is subject to additional civil and criminal penalties for a continuing violation as
provided in this article.
(d) The Gaston County Natural Resources Department shall have the power to conduct such investigation as it may reasonably deem necessary to
carry out Its duties as prescribed In this article, and for this purpose to enter at reasonable times upon any property, public or private, for the
purpose of investigating and inspecting the sites of any land -disturbing activity.
(e) The Gaston County Natural Resources Department shall also have the power to require written statements, or the filing of reports under oath,
with respect to pertinent questions relating to land -disturbing activity.
(Res. No. 2007-251, § 21, 6-28-2007; Res. No. 2010-270, § 21, 9-23-2010)
Sec. 4-72. - Penalties.
(a) Civil Penalties.
(1) Any person who violates any of the provisions of the Act, this article, or rules or orders adopted or Issued pursuant to this article, or who
initiates or continues a land -disturbing activity for which an Erosion and Sedimentation Control Plan is required, except in accordance with the
terms, conditions, and provisions of an approved plan, is subject to a civil penalty. The maximum civil penalty for a violation is five thousand
dollars ($5,000.00). The maximum civil penaltyfor a violation of a stop -work order is five thousand dollars ($5,000.00). A civil penalty may be
assessed from the date of the violation. Each day of continuing violation shall constitute a separate violation. When the person has not been
assessed any civil penalty under this subsection for any previous violation, and that person abated continuing environmental damage resulting
from the violation within one hundred eighty(180) days from the date of the notice of violation, the maximum cumulative total civil penalty
assessed under this subsection for all violations associated with the land -disturbing activityfor which the erosion and sedimentation control
plan is required is twenty-five thousand dollars ($25,000.00).
(2) The Gaston County Natural Resources Department shall determine the amount of the civil penalty to be assessed under this subsection as set
forth in the Guidelines for Assessing Civil Penalties for Violations of Gaston County's Soil Erosion and Sedimentation Control Ordinance. The
Gaston Natural Resources Department shall notify the person who is assessed the civil penalty of the amount of the penalty and the reason for
assessing the. penalty. In determining the amount of the penalty the Natural Resources Department shall consider the degree and extent of
harm caused by the damage, the cost of rectifying the damage, the amount of money the violator saved by noncompliance, whether the
violation was committed willfully, and the prior record of the violator in complying or failing to comply with this article. The notice of
assessment shall be served by any means authorized under G.S. 1A-1, Rule 4, and shall direct the violator to either pay the assessment, contest
the assessment within thirty (30) days by written demand for a local hearing, or file a request with the Sedimentation Control Commission for
remission of the assessment within sixty (60) days of receipt of the notice. A remission request must be accompanied by a waiver of the right
to a contested case hearing pursuant to G.S. Ch. 150B, and a stipulation of the facts on which the assessment was based. A local hearing on a
civil penalty/contested assessment shall be conducted by the Gaston County Environmental Review Advisory Board within thirty (30) days after
the date of the written demand for the hearing. The Environmental Review Advisory Board shall render Its final decision on the civil
penalty/contested assessment at the conclusion of the hearing. Appeal from the final decision of the Environmental Review Advisory Board
shall be to the Superior Court of Gaston County.
(3) If payment is not received within sixty (60) days after it is due, the Environmental Review Advisory Board may institute a civil action to recover
the amount of the assessment. The civil action may be brought in Gaston County Superior Court of the county where the violation occurred, or
the violator's residence or principal place of business Is located. Such civil actions must be filed within three (3)years of the date the
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assessment was due. An assessment that is not contested is due when the violator is served with a notice of assessment. An assessment that
is contested Is due at the conclusion of the administrative and judicial review of the assessment.
(4) Civil penalties collected pursuant to this article shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.
Penalties collected by the county may be diminished only by the actual cost of collection. The collection cost percentage to be used shall be
established and approved by the North Carolina Office of State Budget and Management on an annual basis, based upon the computation of
actual collection costs by each (city)(town)(county) for the prior fiscal year. [The collection cost percentage shall not exceed twenty percent (20)
of penalties collected.]
(b) Final certificate of occupancy. With regard to the development of any tract that Is subject to this article, the code enforcement department shall
not Issue a certificate of occupancy where any of the following conditions exist:
(1) There is a violation of this article with respect to the tract.
(2) If there remains due and payable to Gaston County civil penalties that have been levied against the person conducting the land -disturbing
activity for violation(s) of this article. If a penalty is under appeal, the environmental review board may require the amount of the fine, and any
other amount that the person would be required to pay under this article If the person loses the appeal, be placed in a refundable account or
surety prior to issuing the certificate of occupancy.
(3) The requirements of the plan have not been completed and the building for which a certificate of occupancy is requested Is the only building
then under construction on the tract.
(4) On the tract which includes multiple buildings on a single parcel, the requirements of the plan have not been completed and the building for
which a certificate of occupancy is requested Is the last building then under construction on the tract.
(5) On a tract which Includes multiple parcels created pursuant to the applicable subdivision regulations, the requirements of the plan have not
been completed with respect to the parcel for which the certificate of occupancy is requested.
(6) Any person conducting land -disturbing activities that has been denied a certificate of occupancy under the provisions in this article may make
a written appeal of the decision to the environmental review board.
(c) Criminal penalties. Any person who knowingly or willfully violates any provision of this article, or rule or order adopted or issued pursuant to this
article, or who willfully initiates or continues a land -disturbing activity for which an erosion and sedimentation control plan is required except in
accordance with the terms, conditions, and provisions of an approved plan, shall be guilty of a Class 2 misdemeanor which may include a fine not
to exceed five thousand dollars ($5,000.00).
(d) Stop work orders. Whenever a building, sign, or structure, or part thereof is being constructed, reconstructed, altered or repaired In violation of
this article, the enforcement officer may order the work to be immediately stopped. The stop order shall be in writing and directed to the owner,
occupant, or person doing the work. The stop order shall state the specific work to be stopped, the specific reasons for the stoppage, and the
conditions under which the work may be resumed. Such action shall be in accordance with G.S. 160A-421 or 153-361, as applicable, or the NC
Building Code.
(Res. No, 2007-251, § 22, 6-28-2007; Res. No. 2010-270, § 22, 9-23-2010; Res. No, 2019-079, 3-26-2019)
Sec. 4.73. - Injunctive relief.
(a) Whenever the environmental review board has reasonable cause to believe that any person is violating or threatening to violate this article or any
rule or order adopted or issued pursuant to this article, or any term, condition, or provision of an approved erosion and sedimentation control
plan, it may, either before or after the institution of any other action or proceeding authorized by this article, institute a civil action in the name of
the county, for injunctive relief to restrain the threatened violation. The action will be brought in the Superior Court of Gaston County.
(b) Upon determination by a court that an alleged violation is occurring or is threatened, the court shall enter any order orjudgement that is
necessary to abate the violation, to ensure that restoration is performed, or to prevent the threatened violation. The institution of an action for
injunctive relief under this section shall not relieve any party to the proceedings from any civil or criminal penalty prescribed for violations of this
article.
(Res. No. 2007-251, § 23, 6-28-2007; Res. No. 2010-270, § 23, 9-23-2010)
Sec. 4.74. - Restoration of areas affected by failure to comply.
The environmental review board may require a person who engaged in a land -disturbing activity and failed to retain sediment generated by the activity, as
required by G.S. 113-A-57(3), to restore the waters and the land affected by the failure so as to minimize the detrimental effects of the resulting pollution by
sedimentation. This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this article.
(Res. No. 2007-251, § 24, 6-28-2007; Res. No. 2010-270, § 24, 9-23-2010)
Secs. 4-75--4-80. - Reserved,

Chapter 23 Stormwater Systems
Section 23-1. - Purpose
Section 23-2. - Definitions
Section 23-3. —Establishment of a stormwater department
Section 23-4. - Boundaries and Jurisdiction
Section 23-6. —Stormwater Fee
Section 23-6. —Exemptions and credits applicable to stormwater fee
Section 23-7. —Limitations of responsibility
Section 23-6. —Unlawful to obstruct flow of stormwater runoff
Section 23-9. —Driveways &right-of-way permits and maintenance
Section 23-1 O.-Illicit Discharge to stormwater systems
Section 23-11.-Stormwater Prioritization Worksheet
Section 23-12.-Enforcement and Violations
Section 23-13. -Remedies and Penalties
Section 23-14.-Severabillty
Cross Reference — (1) Land Development Guidelines (2) Zoning Ordinance (3) NPDES
Permit #NC5000407 (4) NCDENR BMP Manual (5) Mount Holly Code of Laws (6) Fee
Schedule
This is an ordinance amending the Code of laws for the City of Mount Holly by adding Chapter 23 titled
"Stormwater Systems"
Section 23-1 Purpose
The purpose of this stormwater ordinance Is to protect and promote the public health, safety, and welfare by
preventing the introduction of potentially harmful materials into the city storm drainage system; to protect property
from potential stormwater damage; to maintain and enhance water quality; to meet the requirements of Mount
Holly's National Pollutant Discharge Elimination Permit, and to establish the administration and enforcement
procedures through which the purposes can be fulfilled.
The provisions of this ordinance are supplemental to regulations administered by federal and state governments.
The city's stormwater management needs are met through programs designed to protect and manage water quality
and water quantity before discharge to receiving streams.
The Mount Holly City Council makes the following findings: Stormwater poses a serious threat to public health,
safety, and welfare. This threat cannot be eliminated entirely. Factors affecting this threat which are beyond the
Cl control include: frequency and intensity of precipitation; the topography In and around the City; the types of
soils and other geologic structures found in and around the City; body of law established under state and federal
authority concerning water rights generally and including but not limited to navigable and non -navigable waters,
surface waters, and underground waters; unauthorized interference with the Citys stormwater drainage system ;
and the amount of Impervious surfaces associated with a reasonable level of development. The management of
stormwater can reduce this threat through; constructing, operating and maintaining facilities; and regulating and
controlling the use and development of land to reduce the adverse effects of stormwater.
Section 23-2 Definitions
1-year, 24-hour storm is the surface runoff resulting from a 24-hour rainfall intensity expected to be equaled or
exceeded, on average, once in 12 months and with duration of 24 hours.
Contractor is any person or firm performing or managing construction work at a construction site, including any
construction manager, general contractor or subcontractor.
Design manual is a single document or manual or collection of documents and manuals referenced by the city
containing policy, criteria, and information, including technical specifications and standards. Refer to the Land
Development Manual.
Developed land is property altered from a natural state that contains impervious surface.
Driveway pipe culvert is a storm drainage pipe conveying stormwater runoff in a ditch from one side of an
obstruction (Le, driveway) to the other side.

Flood plain Is land area susceptible to being Inundated by water during a storm event having a one (1) percent
chance of being equaled or exceeded in any given year.
illicit connection to the City of Mount Holly storm sewer system is any physical connection or other topographical
or other condition, natural or artificial, which is not specifically authorized by ordinance or written rule of the City,
which causes or facilitates, directly or Indirectly, an illicit discharge.
Impervious surface areas are areas within developed land which prevent or significantly impede the Infiltration of
stormwater Into the soil.
MS4- Municipal Separate Storm Sewer Systems
On- site stormwater control facilities means the overall design, construction and maintenance of one or more
devices and measures and associated drainage easements, conduits, inlets, channels pipes, ditches, filters,
buffers, bloretention areas, and ponds, necessary to collect, convey, store, control and discharge stormwater runoff
and pollutants within and from a single property.
Owner is the legal or beneficial owner of the land Including but not limited to a mortgagee or vendee in
possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or entity holding
proprietary rights in the property or having legal power of management and control of the property.
Private drainage systems are all privately owned ground, surfaces, structures or systems, that contribute to or
conveys stormwater, including but not limited to, roofs, gutters, downspouts, lawns, driveways, pavement, roads,
streets, curbs, ditches, inlets, drains, catch basins, pipes, tunnels, culverts, channels, detention basins, ponds,
draws, swales, streams and any ground surface.
Proper operations and maintenance means any action necessary to keep stormwater control measures and
devices in proper working condition, so that such facilities will continue to comply with applicable City of Mount
Holly Code of Ordinances to prevent safety hazards, public nuisances, and the failure of stormwater control
measures and devices to function as Intended. Maintenance includes activities identified on approved stormwater
management plans, any applicable stormwater operations and maintenance manual, any applicable agreements or
certifications to the City, and those activities outlined in the City's Technical Standards Manual and this chapter of
the City of Mount Holly Code of Ordinances.
Public stormwater system is a combination of inlets, manholes, pipes, ditches, curbs, headwalls, and/or flared
end sections located within public road right-of-ways or within permanent drainage easements conveyed to,
accepted by and recorded by the City. Typically most public stormwater systems are designed for a 10-year storm
event.
Stormwater Administrator Is the person who Is designated by the City to manage stormwater services and who is
charged with certain duties and responsibilities by the ordinance from which this article derives, or that person's
duly authorized representative.
Stormwater Is runoff from precipitation that travels over natural or developed surfaces to the nearest stream, other
conduit, or Impoundment.
Stormwater services Include the arrangement of City stormwater quality, quantity, and conveyance facilities in
accordance with federal and state laws, and City regulations and rules. Services include but not limited to mapping,
planning, construction, operation, maintenance, Inspection, administration and regulation of stormwater
management systems, impervious surface, and storm drainage conveyance systems.
Stormwatersystems means a stormwater conveyance or unified stormwater conveyance system (including
without limitation: roads with drainage systems, municipal streets, catch basins, stormwater management facilities,
curbs, gutters, ditches, natural or man-made channels, or storm drains), that: is located within the corporate limits
of Mount Holly, North Carolina; and/ or is owned and operated by the City; and discharges to waters of the state,
excluding publicly owned treatment works, and lawful connections thereto, which In turn discharge Into the waters
of the state.
Structural BMP is a physical device designed to trap, settle out, or filter pollutants from stormwater runoff; to alter
or reduce stormwater runoff velocity, quantity, timing, or other characteristics; to approximate the pre -development
hydrology on a developed site; or to achieve any combination of these goals.

Wetland is any area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient
to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life
In saturated soil conditions.
a.There is hereby established a stormwater department within the Utility Department which shall be
responsible for stormwater management programs throughout the City, and which shall provide for the
management, protection, control, regulation, use and enhancement of stormwater systems and facilities.
b. A stormwater hotline shall be maintained by the City for citizen inquiries.
Section 23-4 Boundaries and jurisdiction
The boundaries and jurisdiction of the stormwater department shall extend to the corporate limits of the City of
Mount Holly, Including all areas hereafter annexed thereto.
Section 23-5 Stormwater Fee
Stormwater fees may be determined and modified from time to time by the Mount Holly City Council so that the
total revenue generated by said charges and other sources of revenues or other resources allocated by the City
Council to the stormwater management utility shall be sufficient to meet the cost of stormwater management
services, systems, and facilities, Including but not limited to; the payment of the principal and Interest on debt
obligations, operating expenses, capital layout, nonopertating expenses, provisions for prudent reserves, and other
costs as deemed appropriate by the City Council. The following stormwater service charge rates shall apply:
The City Council resolution establishing the monthly service charge for each ERU may reflect the scope of the
stormwater management program to be implemented and/or being Implemented during the billing period and the
actual overall aggregate cost of the stormwater utility. The monthly service charge for each'ERU may be amended
from time to time by the City Council and pursuant to the City's fee schedule.
Except as provided in this section, no public or private property shall be exempt from the stormwater fee or receive
a credit or offset against such fee. No exemption, credit, offset or other reduction in stormwater fee shall be granted
based on the age, tax or economic status, race or religion of the customer, or other condition unrelated to the
stormwater management utility's cost of providing services, systems and facilities. A stormwater fee credit manual
shall be prepared specifying the design and performance standards of on -site stormwater services, systems,
facilities and activities that qualify for application of a stormwater fee credit, and how such credits shall be
calculated. All on -site stormwater systems and facilities shall be maintained and operated by the property owner,
Exemptions., The following exemptions shall be allowed:
a. Improved public road rights -of -way which have been conveyed to and accepted for maintenance by the
North Carolina Department of Transportation or by the City of Mount Holly and are available for use In
common for vehicular transportation by the general public shall be exempt from stormwater fee charges.
b. Railroad rights -of -way used for trackage and related appurtenances shall be exempt from stormwater
service charges. However, railroad stations, maintenance buildings, or other developed land used for
railroad purposes shall not be exempt from stormwater fee charges.
Section 23.7 Limitations of responsibility
a,The City shall be responsible only for the portions of the drainage system which are In City maintained
street rights -of -ways or where constructed within permanent storm drainage easements conveyed to and
accepted by the City. Repairs and improvements to the drainage system shall be in accordance with
established standards, policies, and schedules.
b.The City's acquisition of storm drainage easements and/or the construction or repair by the City of drainage
facilities does not constitute a warranty against stormwater hazards, Including, but not limited to, flooding,
erosion, or standing water.
c.The City shall obtain permanent drainage easements from property owners from time to time to ensure
conveyance of unimpeded stormwater flow to an acceptable outlet and directly to a receiving water. All
storm drainage facilities within a recorded easement conveyed to and accepted by the City shall be owned
and maintained by the City.
d.Open Drainage Channel Maintenance- Persons owning or occupying property abutting a drainage ditch or
driveway pipe culvert passes shall keep and maintain that part of the drainage ditch and driveway culvert,
free from debris, excessive vegetation, and other obstacles that would pollute, contaminate, or retard the
flow of water through the drainage ditch system.

e.The property owner shall maintain and operate existing privately owned storm drainage systems best
management practices and stormwater management facilities, so that such systems will not become a
hazard to the use, function, or physical integrity of the stormwater system.
f. All existing or proposed drainage facilities such as swales, streams, best management practice facilities,
stormwater management facilities, storm drain pipes, Inlets, manholes and/or ditches located within
privately owned easements or on privately owned property even with a designated public drainage
easement unless accepted by the City shall be the legal responsibllltyfor the proper operation and
maintenance by the property owner or Homeowners Association,
g.To assist property owners, the City may establish a maintenance program to clean driveway pipe culverts
and roadside drainage ditches on a revolving yearly schedule.
Section 23.8 Unlawful to obstruct flow of stormwater runoff
It shall be unlawful for any person to place, cause to be placed or permit to be placed any obstruction on or within
any portion of the city's stormwater drainage system. For the purpose of this section an obstruction shall mean
anything which by itself or in conjunction with any other thing or things, impede or tend to impede the flow of
stormwater.
a.The City may by this ordinance regulate the size, location, direction of traffic flow, and manner of
construction of driveway connections into any public street or alley. The majority of Mount Holly
neighborhoods rely on an open ditch drainage system which Is Ideal for Improving water quality of storm
drainage runoff before reaching receiving streams. The roadside ditch system functions to meet the Intent
of the NPDES permit conditions if properly maintained with properly sized driveway culverts serving
properly located driveways.
b.All proposed changes to any drainage facility, structure, or pipe culvert shall be reviewed and approved by
the City Engineer as part of the driveway and right-of-way permitting process or subdivision regulations..
c. In order to ensure consistency in the quality and type of material, the property owner shall use Reinforced
Concrete Pipe CLIII with flared end sections or an approved equal. The property owner may purchase and
have delivered the pipe and flared end sections to their property and at the request of the property owner
have the City install the driveway pipe culvert. This service does not apply to new home construction.
d.To assist Mount Holly property owners with their driveway improvements, the City Engineer will provide
design assistance to residents on an as needed basis.
a.Any discharge into a City of Mount Holly stormwater system prohibited by the MS4 permit, the terms of
which are hereby incorporated by reference, shall be deemed an "illicit discharge" in violation of this
Ordinance.
b.Notwithstanding other requirements of law, as soon as any responsible party has Information of any known
or suspected Illicit discharge, the responsible party shall immediately notify the City.
Section 23.11. Stormwater Prioritization Worksheet
The stormwater prioritization worksheet is an evaluation of proposed stormwater projects that give the most benefit
to the citizens for the amount of dollars expended.
a.Priority A projects are public right-of-way drainage problems consisting of street flooding, pipe blowouts,
drainage structure failure, missing grates/covers, street failure/sinkholes, sidewalk/ driveway failure or
ditch/ pipe blockage OR
Direct right-of-way runoff onto private property causing living space flooding or drainage feature failure
within 10 feet of a home or commercial building.
b.Priority B projects are public right-of-way drainage problems with imminent drainage structure failure or with
direct right-of-way runoff onto private property which may cause property damage to non- living space
areas i.e. crawl spaces or basements
c.Priority C projects are public right-of-way drainage problems resulting in pipe/ ditch sedimentation, debris in
roadside ditches, minor damage to drainage structures or ditch erosion.
d.Projects that DO NOT QUALIFY for drainage improvements by the City Includes:
1. Private property to private property runoff
li. Groundwater
Ili, Seepage in basements/ crawl spaces
iv. Springs
v. Yard flooding
A. Standing water
vii. Bury pits

All. Downspouts
Ix. Private drainage systems
x. Lack of private drainage systems
a. Each project shall be prioritized according to the criteria outlined in this section and ranked according to:
I. Public health and safety
H. Number of people affected
M. Drainage system damage or lack of drainage system
iv. Frequency of problem
v. Environmental impact
A. Infrastructure investment protection or conditions of system
Section 23.12 Enforcement and Violations
Authority to Enforce
a.The provisions of this Ordinance shall be enforced by the Stormwater Administrator, his or her designee, or
any authorized agent of the City. Whenever this section refers to the Stormwater Administrator, it Includes
his or her designee as well as any authorized agent of the City.
b.If the property owner neglects the maintenance and/or necessary replacements of a driveway culvert, and
said culvert Is a hindrance to the conveyance of water runoff within the public road right-of-way, the City
shall give a 45 day notice of necessary work to correct deficiencies to the property owner. If the necessary
work, as determined by the City is not completed within the 45 day notice period, the City will complete the
work and assess the property owner for the cost of said work by recording a lien upon the subject property.
Violation Unlawful
Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed by this
Ordinance, or the terms or conditions of any permit or other development or redevelopment approval or
authorization granted pursuant to this Ordinance, is unlawful and shall constitute a violation of this
Ordinance.
Section 23.13 Remedies and Penalties
a.Civil Penalties Violation of this Ordinance may subject the violator to a civil penalty to be recovered in a civil
action in the nature of a debt if the violator does not pay the penalty within 30 days after notice of the
violation is issued by the Stormwater Administrator. Civil penalties may be assessed up to the full amount
of penalty to which the City is subject for violations of its Phase II Stormwater permit.
b.Criminal Penalties Violation of this Ordinance may be enforced as a misdemeanor subject to the maximum
fine permissible under North Carolina law.
Enforcement Options for Failure to Comply
a.The City Engineer or his/her assignee may issue a stop work order to any person violating any provision of
the City's Stormwater Systems Ordinance by ordering all site work stop except that necessary to comply
with any administrative order.
b.The City Engineer or his/her assignee may request the County Permitting/Building Department refrain from
Issuing any further building permits until outstanding violations have been remedied.
Section 23-14 Severabllity
If a section, subsection, or part of this article shall be deemed or found to conflict with a provision of North Carolina
law, or other pre-emptive legal principle, then that section, subsection, or part of this article shall be deemed
ineffective, but the remaining parts of this article shall

GASTON COUNTY
Gaston County
Soil Erosion and
Sedimentation Control
Program
www.costongov.com
Idepartments
I tVa to ra I -Resources
CONTACT
Gaston Natural
Resources Department
1303 Cherryville Hwy
Dallas, NC 28034
Telephone: [phone]
Gaston Canty
Belmont
Bessemer City
Cherryvilte
Cramerton
Dallas
Dellview
Gastonia
High Shoals
Kings Mountain
Lowell
McAdenvilie
Mount Holly
Ranlo
Spencer Mountain
Stanley
Mission Statement
"To provide leadership
and conserrration
assistance to the
people of Gaston
County to improve anti
sustain their soil,
water, air, plant and
Mtdlife resources_"
Gastrin Natural Resources Department
Soil Erosion & Sedimentation Control
RE: Letter Of Approval
Date. 03/24/2021
Project Name
Permit #: 3725
Responsible Party
Address
City, State, Zip
Location
Submitted By
Date Received: 02/23/21 x
New Submittal
Revision
Watershed
ICata.gha lieights
Disturbed Acreage: 2-80
The Erosion and Sedimentation Control Plan submitted for the above project has been
reviewed and is approved.
Please be advised that the Ordinance (Section 1 a (c) and Title 15 NCAC
0413.0127(b) requires that a copy of the approved Soil Erosion & Sedimentation Control
Plan be on €ile at the job site. This letter is also Notice required by the Ordinance (Section
21) and G S. 113A-61 1 of our right of periodic inspection to insure compliance with the
approved plan.
As ofApril 1, 2019, all new construction actNities are required to complete and submit an efectronic Notice
of Intent (NOI) form requesting a Certificate of Coverage (COC) under the NCGO 10000 Construction
Stormwater General Permit This form MUST be submitted prior to the commencement of any land
disturbing activity on the above named project. The NOI form and
additional information regarding this permitting process may be accessed at de ,nc. ovINCG01.
Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water
quality laws, regulations, and rules. In addition, Local city or county ordinates or rules may also apply to this
land -disturbing activity. This approval does not supercede any other permit or approval,
Enclosed is your Certicate of Approved Plan that must be posted on the primary entrance of the
job site before construction begins and until establishment of permanent groundcover.
After commencement of this project, d it is determined that the Soil Erosion & Sedimentation Control
Plan is inadequate to meet the requirements of the Ordinance (Section 18 (c)(f) and G.S. 113A-51
through 66), this office may require revisions to the Pian and implementation of the revisions to insure
compliance.
Please note that this approval is based in part on the accuracy of the information provided in the Financial
Responsibility Form which you have provided You are requested to file an amended
form if there are any changes in the information included on the form. Please notify our office
(704-922-4181) at least 48 hours before commencement of the land -disturbing
activity (Ordinance Section 8 (e)).
Sincerely,
GASTON COUNTY
NATURAL RESOURCES DEPARTMENT
C'h� W: L P Conservation=_st
chart. wa ldrup@ gas tongav . cent
Gaston County Erosion & Sedimentation Control Program
CC1:
CC2:

GASTON COUNTY
Gaston Natural Resources Department
Gaston County
Soil Erosion and
Sedimentation Control
Program
www,gasto ngoy.com
/departments
/Natural -Resources
CONTACT:
Gaston Natural
Resources Department
1303 Cherryville Hwy
Dallas, NC 28034
Telephone: [phone]
Gaston County
Belmont
Bessemer City
Cherryville
Cramerton
Dallas
Dellview
Gastonia
High Shoals
Kings Mountain
Lowell
McAdenville
Mount Holly
Ranlo
Spencer Mountain
Stanley
Mission Statement
"To provide leadership
and conservation
assistance to the
people of Gaston
County to improve and
sustain their soil,
water, air, plant and
wildlife resources."
Soil Erosion and Sedimentation Control
RE: Letter Of Disapproval
Date: 0_7/26/2C18
Project Name
Responsible Person
Address
City, State, Zip
Location
Submitted By
Date Received: 06/29/12
New Submittal
Revision
Watershed
➢utchmans Creek
Att
The Soil Erosion and Sedimentation Plan submitted for the above project has been reviewed
and is disapproved.
You may submit a revised Soil Erosion and Sedimentation Control Plan for approval covering
those items as outlined on the following page. Under the authority of the Gaston County Soil
Erosion and Sedimentation Control Control Ordinance, (Section 18 (f) and the NCGS
113A-54(d)(4), the Natural Resources Department must approve with modifications, or disapprove
a Revised Plan within fifteen (15) days of receipt.
If you wish to submit a new plan, you may find the "North Carolina Erosion and Sedimentation
Control Planning and Design Manual" to be a helpful guide. Reference copies have been sent to
Public Libraries, Soil and Water Conservation District and our office. Additional information is
also available from this office.
The disapproval or modification of any proposed Stormwater Plan by the County Natural
Resources Department shall entitle the person submitting the Plan to a hearing if such person
submits written demand for a hearing within fifteen (15) days after receipt of written notice of
disaproval or modification. (Ordinance, Section 20 (a)(1).
Pending approval of a revised plan or a decision on an appeal, commencement of any
land -disturbing activity associated with this project shall constitute a violation of the Ordinance
and the North Carolina Sedimentation Pollution Control Act of 1973 (NCGS 113A-51 through 66).
Please contact this office at your convenience (704-922-4181) if you have any questions or if we
can provide any additional assistance.
Sincerely,
GASTON COUNTY
NATURAL RESOURCES DEPARTMENT
William J. Wier: Conservationist
[e-mail]
Gaston County Soil Erosion and Sedimentation Control Control Program

Page 2
Gaston County
Soil Erosion and
Sedimentation Control
Program
www.gastongov.com
/departments
!Natural -Resources
CONTACT:
Gaston Natural
Resources Department
1303 Cherryville Hwy
Dallas, NC 28034
Telephone: [phone]
Gaston County
Belmont
Bessemer City
Cherryville
Cramerton
Dallas
Dellview
Gastonia
High Shoals
Kings Mountain
Lowell
McAdenville
Mount Holly
Ranlo
Spencer Mountain
Stanley
Mission Statement
"To provide leadership
and conservation
assistance to the
people of Gaston
County to improve and
sustain their soil,
water, air, plant and
wildlife resources."
Soil Erosion and Sedimentation Control Control
Plan Review
Reasons for Disapproval
Sediment trap or other control measure is needed for lots —26-30 to avoid overwhelming the
silt fence (and to meet requirements).
Label onsite watercourses and provide at least a 10' buffer.
Show silt fence around the upper reaches of the stream at the eastern portion of the site (for
phase 2).
CC1:
CC2:
1303 Cherryville Highway, Dallas, NC 28034
Citizens Resource Center
Telephone: [phone]

Project,
Gaston County
Soil Erosion and
Sedimentation Control
Program
www.qaston_qov.ccm
Idepartments
!Natural -Resources
CONTACT:
Gaston Natural
Resources Department
1303 Cher"lle Hwy
Dallas, NC 28034
Telephone: [phone]
Gaston County
Belmont
Bessemer City
Cherryville
Cramerton
Dallas
Dellview
Gastonia
High Shoals
flings Mountain
Lowell
McAdenA I le
Mount Holly
Ranlo
Spencer Mountain
Stanley
Mission Statement
"To provide leadership
and conservation
assistance to the
people of Gaston
County to improve and
sustain their soil,
water, air, plant and
wildlife resources."
Person Financially Responsible:
In compliance X Out of compliance
Inspection date: 05/ 13/202 i Compliance date:
Violations:
1. Failure to maintain measures, 1 5A N.C.A.C. 4B.01 13
Sediment damage:
06/15/21
Corrective actions:
1. Construction Entrance at north end o n need of maintenance.
2. Skimmer Basin #3: re -install baffles.
3. Silt Fence and Silt Fence Outlet at rear of Skimmer Basin #3 is in need of maintenance.
4. Silt Fence and Silt Fence Outlets at rear of lots 23-20 are in need of maintenance.
5. Silt Fence outlet at side perimeter of lot 30 is in need of maintenance.
6. Silt Fence outlets along western perimeter of retaining wall/stream crossing outlet (near
Outfall "2-9") are in need of maintenance.
7. Silt Fence outlet and cuffall area at Outfall "3-8" is in need of maintenance.
8. Silt Fence outlet at rear of lots 16-18 is in need of maintenance.
9. Correct rills and stabilize drainage Swale at rear of lots 3-8.
Comments:
1. Monitor closely and maintain all inlet protection measures; weep holes at storm drains
are a Concern, coordinate with design engineer on measures to be utilized.
2. Follow slope stabilization guidelines in the approved plans for all temporary and
permanent slopes that are not being actively worked; cover and vegetation on slopes
will help to restrain and prevent erosion.
Contact made with:

Notice of Violations
Gaston County
Soil Erosion and
Sedimentation Control
Program
www. 51 oucom
!tea rtments
INatorat-Resources
CONTACT:
Gaston Natural
Resources Department
1303 Cherryville Hwy
Dallas, NC 28024
Telephone: [phone]
Gaston County
Belmont
Bessemer City
Cherryvllle
Cramerton
Dallas
Dellview
Gastonia
High Shoals
Kings Mountain
Lowell
McAde nville
Mount Holly
Ranlo
Spencer Mountain
Stanley
Mission Statement
'To provide leadership
and conservation
assistance to the
people of Gaston
County to improve and
sustain their soil,
water, air, plant and
wildlife resources."
404
You and/or your firm are hereby assessed a civil penalty of $ 0.00
for tilts initial vlolatlon. Payment should be submitted Immediately to this office.
•YY�»Hi •rrrt»\{\\\IY \Y Y1Y\fn\\\\i\\ .... �f»N\\\\H\\n».,».f\a\\.............. ,...r\\i
Person nnancially Responsible:
Reportdate: 12/04/2020 Compliance date: 12/30/2020
Violations:
1. Failure to follow approved plan. G.S. 113A•57(5) .., 2, Insufficient measures to retain sadiment on site, G.S.
113A-57(3) ,.. 3. Failure to maintain measures, 15A N,C.A,C. 48.0113
Sediment damage:
Sediment has washed offsite NE of the project.
Corrective actions:
(1) Contact impacted property owner(s) to provide notiFication of oftsite
sedimentation and to coordinate any remediation efforts. (2) Adjustments
need to be made to ensure runoff is successfully conveyed to the SD system
as proposed (for example, installing asphalt berms at curb inlets). Not
having the top lift in -place for road/parking lot is causing runoff to
concentrate at the low (C side) of the project. Adjustments noed to be made
to ensure diversion ditches/swales successfully convey runoff to yard inlets
(and to sediment basin). (3) site needs to be seeded and mulched (or
additional sediment controt measures installed. Either way, silt fence needs
he installed above the curb line on the west side of Pearl Beatty RD. Be
sure to abide by the soil stabilization times frames noted in the approved
plan. (4) Sift fence posts need to be driven further in the ground. (5)
Stone outlet at the end of Pearl Beatty RD is in need of re -Installation.
gee: below.
Comments:
Corrective Action 6(6) Install a riprop apron for basin outlet pipe
(coordinate with plan engineer for. guidance. Install a stone outlet at the
basin outfall, or remove silt fence at this location. If silt fence is not
removed, it needs to be re -installed out of the diversion ditch.
It is critical that the items noted in this report are promptly addressed
and by the given compliance date to avoid !further enforcement actions from
this office. Notify this office upon completion.
It- appears that much of the site is not currently draining to the sediment
basin as proposed, with runoff bypassing the 5D sysL•em and overwhelming the
stone silt fence outlet at the end of Pearl Beatty RD (just south of the
basin outfall). Corrective actions noted above should help improve this
situation. coordinate with plan engineer if/as needed.
Reportby: Jonathan Boe.rger: Conservationist
Contact made with:
Page 1

aqn
Gaston County
Soil Erosion and
Sedimentation Control
Program
www.aaslangaucam
lc4tiareriants
1NaturalAssources
CONTACT
Gaston Natural
Resources Department
1303 Cherryville Hwy
Dallas, NC28034
Tolepho ne: 704922-4181
Gaston County
Belmont
Bessemer City
Cherryville
Cramerton
Dallas
Del lvlew
Gastonia
High Shoals
Icings Mountain
Lowell
McAdenville
Mount Holly
Ranlo
Spencer Mountain
Stanley
Mission Statement
"To provide leadership
and conservation
assistance to the
people of Gaston
County to improve and
sustain their sail,
water, air, plant and
wildlife resources."
On 171U' M , personnel of llte Gaston County Natunl Resources Department inspected the above
named ptnject located in Gaston Comity, N. C.11,Is tispection was perfor tiled to de;trrntine
cprrpliame with the Gaston CountySnit Erokinn and Sedimeatation Control Ocain"oe
Cor di nonce') and Qw North Carol i ns.Sedimenttrtian yell lutiun Ccintrol Act of 1973 C'ALf ).
it is our i indetstandi ng that is/are responsible for this land disturbing activity,
'Ole pmpomofthisletteristwo n tmyou yatthisactivity waYfound toheinviolation ofthe
Ordinance, Section r to26 and the Act, NCCS u3A So to fib, and Ville isA, North Carolina
Administtative Cade WCAC), Chapter 4. tfyau feel that you nre ncA responsible for the listed
violations, please notify the Gaston Natural Resiiurms Department immediately al: to t-g22-q t8s,
askfrir�lctscph Alm, Gaston County Soil Grwioii ntid Sedlmenindun Curti-d Prognun Admini3trstor.
Please note Hiatt merely planting grass seed dues not satisfy the regain-mwilis of"vegetative
carver' orof "grotmd(over sufftdent to restrain criastc>n." lltuse rt qui tvnte'nls our. not slntisfied until a
skindins carver of grass or other grout id cover (such as properly applied mid seemed mulchett
seeding or appropriate tip -tap) isestablished that issultident to m-train accelerated crmion,
'lire penalty permitted underNorth Carolina law foran initial violation could be an arse-smucntuf
upto$S,000perday. Adinuperiod for mrttplianceisnot ayulredfor enfurounientofviolations,
pumlant toNCGS u3A-6t, i(c) and NCGS t1,3A 64(a)(►1
Paymentshould be submitted to Gaston Natural Rescuixvswi thin 3odays fronithe date of this
letter. Otherwise, an appeal Than mayheebtained fi•orm
Gaston Natural Resources Department
located In Citizens Resource Center
1303 Cherryville Highway, Dallas, North Carolina, 28034
Ask for: Joseph Alm, Sall Erosion & Setimenta tion Control Administrator
Return completed petition within thirty (30) days firm the date of this letten
Alternatively, ifyoudiocxaetostipulatetothe faclsonwhich this asve entwas based,but
wish for equeA rent6z ion of the civil pen;dty, then within sixty (6o) days from the date of
mom pt of you mast idea written requestfora remission ofaciAl penalty.
Pursuant toNC. General Statute tSoB-22, informal settlement negotiations nmy he initiated
at any tune. To negutlate a settlementof th is iis-scssnient, please contadJolm A. Payne,
AWsstantAttarney Gmeral, who may he re,•trhed by telephone at (gtg) 716-6600.
Settletnentaffersdonot extend the 3o•day deadline for payment or filing ofa contested aze
petition, nor rite 6n day deadline for a request for remission.
A requeatfOr remis�iuri is limited to wr sidention cif the bix fa teas listed bi;low and is Clot the
proper procedure fr&uinlesli ng diu acturny ufany afthe slaWmenls wnt- inecl in the
assewmientdcxument.
Bumusea remission requestfor edoses theoption ofan administrative heating, such a request
will natpmeeed without awaiver of your tight loan admi nistmtive hearing and a
stipulation that there are no factual orlegal issues in dispute.
You mustexentte and return to th is office the altarlied "Walvcr of Might to an Adnuinishative
Hearing and Stipulation of facts" turd the attached ' JusUaitiou of Remission RettuesR ' avltir]r
should ptrnide additional information on die fallowing fatturs which shall he cotisidcrud in
determining whether a civil penal ty remission regriext will be approved:
r. Wbetheroyne ormore of the evil penaltyassesurient faders in G.S. t13A-64(0)(3) were
wititngly applied to the deuinre it(if the petitioner.
2. Whether the peti tioner promptly abated cnnti nui ng envirunnientA damage resulting
from tiieviolation.
-1, Whether the violation was inadvertent Ora resultof an accident.
1. Whether Ole petionerhad bmiassrs(clcivil penaltiesfaranypreviousviolations.
g, Whether the payment of die civil penoltywill prevent payment for mmmary
rcrnedi tl actions or would otherwise a nsile a signiftaui t financial haixIship.
G,11i(ass is d ptnperty t.%.eval LAW of the petitioner's property upon which the
violation oaxintd, excluding the value of any struetures loaited an the property.
Page 2

Gaston County
Soil Erosion and
Sedimentation Control
Program
www_w slarinoucom
fdepartmerd
rMturat-PAsources
CONTACT:
Gaston Natural
Resources Department
1303 Cherryville Ftwy
Dallas, NC 28034
Telephone: [phone]
Gaston County
Mmont
Bessemer City
Cherryvitle
Crar nerion
Dattas
Dellvmew
Gastonia
High Shoals
Kings Mountain
Lowell
McAdenville
Mount Holty
Ranlo
Spencer Mountain
Slantey
Mission Statement
"ro provide leadership
and conservation
assistance to the
people of Gaston
County to improve and
sustain their soli,
water, air, plant and
wildlife resources."
You have the burden of providing infotnnntion concerning die financial i mpactofa civil
penalty and die burden ofshowing any financial hardslup.
ffyou file a request for re!rnission of the civil penalties, you mttstsubmit the required
infonnabon within 6o daysof receipt of this notice. Submit this information to the attention
cif:
I f sendingby I,irstClaus Mail via
The US Postal Service:
Tracy E. DavL: Dirednr
DFM1.R— [and QualitySectian
t6 i2 Mall Service Center
Raleigh, NC 27699-iOm
If sending via delivery sei vide
(e.g. UPS, RedF.x)
Tracy F. Davis, Director
DEMLR— Land Quality Section
tits N. Salisbury Street
Raleigh, NC •?7604
Payment of diisp:naltywill notf x-edom furthterenforcementaction aguinatycnt for any new
Violation. If thevielations whidi resulted in this penalty asse—mment are continuing in nature,
Gaston County Natural Resources Department reserz es the right to assess additional civil
penalties in the future, or flake other enforcement action against y,na.
P re that if all of the above noted violations are not corrected by
m
(Alston County may hake appropriate action againstyou under the
Urdmanw-7a—nd/—/or the North Carolina General StatOmm'Ihat action could restdtiii addithonal fines
and furtherassessments of dvil penalties. Effective Oduber 4 1999 North Carolina law pnMdes
that these additional penalties tray be ammDd in all atnowat of up to $S,tm per day for each
day of you m Lnuedviolation and can beretroactivelyamssedfirmthe daytheviolationisfirst
detected, whidi in this instance is 12/02/2020 . however, if all the violations noted inthis letter are
properly awithin the tbnepen spendde aaTmmforcompliance,nofuitltercontinuing
penalties far these particular vioation instances will be assessed, other than the $ 0.00
fine assmvd above. Please remember that the project is always subject to further invesli0on at any
time and remains subject to further fine assessments if found to he in violation of the Ordinance or
the Ad atany time.
When aorim live acdons are eomplete, you should notffy WE office (704)92z-4'Bi
so the work can be inspected. You shouldnotmsiuue thattheproperty kin cnmpWutci
with the Onl'anvacc and the Aduntilweltaxv.notitiedvouofsuchcomplLinoc.
After installation, all erosion control measuresmustbemaintainedinproperworldng orderuntli
developmentiscampleteand theAte is completely stabilised.
Wesolicityourmoperxdanand wmddlike toavoidtahingt'urtherenfomementaction. Atthe
same time, itisyour responsibili"understand and comply with the requirements of die
Ordinance and the Act Copies of the relevant Ordinance may beexamined atthis officeorwill
be sent toyou upon request A copy of the applicable North Carolina Statutes and Administrative
Rules maybe obtained by contacting NC DENR Land Quality Section in Mooresville, NC at:
(,a4) 663-1699, or, visit Gaston Natural ResourovsDepartmenfsWebsite:
www.costonao%LmWc$et aMmnts)Naa"I-Fesources.
Should you have anyquestions concerning this Notice or the requirements of the Ordinance,
please contact me atyour earlhest convenience.
Sincerely,
CmservatiaaiA
Gaston Naturald
Page 3

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1VIC1 r
HoLLY MEMO
G'mnroping �'mnnup.ity F3Nulure
TO: Jonathan Wilson
FROM: David E. Johnson, PE
DATE: 5/22/18
RE: Hotel on Caldwell Drive
The following are my review comments concerning the above referenced project dated 5/1/ 18:
L The owner/developer is different from the property owner — it is my opinion that the property
owner should be listed on the property and their consent to submit the plans as shown,
2. The plans show the hotel to be a separate parcel There will be three properties subdivided as a
part of this project. There are also important utility casements that must be included on the plat.
A plat should be prepared for approval and recordation.
3. Road "A" is listed as a public right-of-way and a letter of credit shall be required for this
improvement. The. ROW listed as 50-11, but the plans scale 60-ft.There are two typical road
sections shown on Sheet C-2,6 and the plans reflect both. What is being proposed?
4. The northern proposed property line bisects the access drive into the hotel site. Typically this
is done when the adjacent property owner would use the access drive. The drainage patterns and
grading shown indicates that access may not be viable from the adjacent property owner. Point of
clarification needed.
5, IF Road "A" remains public, the night -of -way line along the western property line should not
have a jog, A small sliver of land should be added to make the right-of-way line straight
following the road centerline,
6. A sewer easement document trust be executed and submitted to the City for the sewer line
extension on property owned by Belmont Del Assoc, LLC prior to final approval of the plans.
7. The asphalt pavement for the public road as described on Sheet C-2.1 does not match with
what is shown on Sheet C-2,3. The pavement section shown on Sheet C-2,5 is not an approved

pavement section for the public road. The pavement section shown on Sheet C-2.6 is also
different.
8. A letter from Colonial Pipeline approving the public road crossing of their easement is
required before final approval is granted.
9. Show the existing 36" gas line pipe on the road profile. Until we know the elevation of this
pipe, how certain can you be with the vertical alignment? As proposed, the drainage at the
intersection of Road "A" with Caldwell Drive seems problematic and having a swale beyond the
sidewalk but within the ROW would not be the best solution. Why not grade for sheet flow and
pick-up the offsite runoff with the street drainage?
10. As an option to draining toward the intersection, maybe consider a 0.5% downgrade from
the intersection?
11. Please re-evaluate the drainage area to the Proposed Road "A" — draining the entire property
from the west and not considering the high point into consideration causes the pipe sizes to be
excessively large.
12. Add a note to the storm drainage plan that the storm drainage system beyond the public
ROW shall be owned and maintained by the property owner.
13. Sheet C-5.10 — the BMP Plan view shows a dashed line along the berm — is this a fence?
Please provide information. Also, please consider a safety ledge due to the depth of the
permanent water depth.
14. The BMP shall be privately owned and maintained. Please include the entity that will be
responsible for the facility. In fact, if this facility is to serve multiple portions of the larger parcel,
this BMP should not be in an easement but a platted lot especially if it will be owned and
mahitained by an umbrella organization.
15. We do not require the fire line to be metered but it must have a backflow device.
16. Please include a sewer cleanout after the concrete collar shown on the outside drop manhole
detail. Sheet C-7A.
17. Please provide a sewer line profile for the public portion of the proposed line.
18. Please include the anticipate sewer flow on Sheet C-7.2 so that we may accommodate your
needs in the collection and WWTP facilities.
19. We prefer no steps in the sanitary sewer manholes,