20070608 Ver 1_Staff Comments_20080110

[Fwd: Re: City of Hendersonville Phase II Post-Construction SW Or...
Subject: [Fwd: Re: City of Hendersonville Phase II Post-Construction SW Ordinance]
From: Bill Diuguid <[e-mail]>
Date: Thu, 10 Jan 2008 08:02:14 -0500
To: Ian McMillan <[e-mail]>
Ian:
FYI.
My communications with the City of Hendersonville City Engineer Jim Patrick, P.E. The City
did adopt an ordinance November S, 2007, but it needs a couple of amendments, which he
intends to take to the Council in February.
Hope this helps.
Bill Diuguid
William H. Diuguid, AICP
Community Planner, Wetlands and Stormwater Branch
Division of Water Quality
Department of Environment and Natural Resources
1617 Mail Service Center
Raleigh North Carolina 27699-1617
Phone: [phone], ex 382
Fax: [phone]
Subject: Re: City of Hendersonville Phase II Post-Construction SW Ordinance
From: Bill Diuguid <[e-mail]>
Date: Wed, 09 Jan 2008 14:22:17 -0500
To: Jim Patrick <[e-mail]>
ok, that's fine.
Bill Diuguid
Jim Patrick wrote:
Bill, thank you for your comments-we worked hard on it and it is gratifying that you feel
that overall we did a good job.
Sorry for not getting DWQ approval. I asked at least one other municipality who to send it
to for approval and they did not know, and then in the crush of things last fall I forgot
to pursue it further.
I've reviewed your comments briefly and will address them as soon as possible. My
preliminary plan is to have them adopted as ammendments to the ordinance at the February
council meeting-the January meeting is tomorrow night so I can't make that.
Thanks again.
Jim
/James L. Patrick, P.E./
/City of Hendersonville/
/City Engineer/
-----Original Message-----
*From:* Bill Diuguid [mailto:bill.diuguid~ncmail.net]
*Sent:* Wednesday, January 09, 2008 1:51 PM
*TO:* Patrick, Jim
*SUbject:* City of Hendersonville Phase II Post-Construction SW Ordinance
Jim Patrick:
I downloaded a copy of the adopted City of Hendersonville's Phase II Post-Construction
Ordinance to review for compliance with your Phase II permit requirements. I wasn't aware
Hendersonville had adopted an ordinance. In your permit provisions, DWQ must approve these
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[Fwd: Re: City of Hendersonville Phase II Post-Construction SW Or...
post-construction ordinances. In reviewing the ordinance, it looks fairly good, however, I
have some questions.
I need some information concerning the provisions of this ordinance.
1. I don't see a time limit on approved plans if substantial progress is not made. See
Section 204 Approvals, Paragraph B of the state model ordinance,
http://h2o.enr.state.nc.us/su/documents/Phase II MO.doc.
*"An approved plan shall become null and void if the applicant has failed to make
substantial progress on the site within one year after the date of approval. The
Stormwater Administrator may grant a single, one-year extension of this time limit, for
good cause shown, upon receiving a written request from the applicant before the
expiration of the approved plan.
*In granting an extension, the Stormwater Administrator may require compliance with
standards adopted since the original application was submitted unless there has been
substantial reliance on the original permit and the change in standards would infringe the
applicant's vested rights."
2. *Enforceable Restrictions on Property Usage. See Sections 302 (C) and 303 (E), State
Model Ordinance
*"The approval of the stormwater permit shall require an enforceable restriction on
property usage that run with the land, such as a recorded deed restriction or protective
covenants, to ensure that future /development/ and /redevelopment/ maintains the site
consistent with the approved project plans. "
3. *Although the ordinance mentions the geographic coverage of the ordinance, I don't see
a reference of a Stormwater Map
showing the geographic locations of all structural BMPS permitted under the ordinance.
Section 105 (D) Model Ordinance.
*"The provisions of this ordinance shall apply within the areas designated on the map
titled "Phase II Stormwater Map of _(name of local government) North Carolina" ("the
Stormwater Map"), which is adopted simultaneously herewith. The Stormwater Map and all
explanatory matter contained thereon accompanies and is hereby made a part of this
ordinance.*
*The Stormwater Map shall be kept on file by the Stormwater Administrator and shall be
updated to take into account changes in the land area covered by this ordinance and the
geographic location of all /structural BMP/s permitted under this ordinance. In the event
of a dispute, the applicability of this ordinance to a particular area of land or BMP
shall be determined by reference to the North Carolina Statutes, the North Carolina
Administrative Code, and local zoning and jurisdictional boundary ordinances."
4. Civil Penalties. We recommend the following language on civil penalties and don't
recommend putting a specific amount of a fine. Current EPA fines can range up to $32,500
per violation per day, so the local government should want to protect themselves from
these fines. we suggest the following language, Section 502 (B) State Model Ordinance.
*"(A)* *Civil Penaltiea*
*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 ( name of
jurisdiction ) is subject for violations of its Phase II Stormwater permit.*
*Commentary: Based on experience with enforcement of locally delegated erosion and
sediment control programs and other code enforcement experience, it would be a good
practice for a jurisdiction to agree on a set of normal civil penalties to be assessed for
any commonly experienced violations. This assists the Stormwater Administrator and other
officials in making reasonable and equitable penalty assessments."*
5. Stormwater Design Standard. The ordinance is missing the required Phase II Stormwater
runoff volume standard found in Section 303 (A). Although the standard you use in the
Hendersonville ordinance may control that volume, we want the standard stated as in the
State Model Ordinance.
*"The measures shall control and treat the difference in stormwater runoff volume leaving
the project site between the pre- and post-**development** conditions for, at a minimum,
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[Fwd: Re: City of Hendersonville Phase II Post-Construction SW Or...
I the **1-year, 24-hour storm**."* I
William H. Diuguid, AICP
Community Planner, Wetlands and Stormwater Branch
Division of Water Quality
Department of Environment and Natural Resources
1617 Mail Service Center
Raleigh North Carolina 27699-1617
Phone: [phone], ex 382
Fax: [phone]
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I~Re: City of Hendersonville Phase II Post-Construction SW Ordinance
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