NCS000515_China Grove UDO Comments Attach_20190429

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Town of China Grove

Proposed 2020/2021 NPDES Phase II MS4 Permit No. NCS000515

Minimum Post-Construction Site Runoff Control Program Requirements

Specific elements to develop, implement, and enforce a Post-Construction Program to address
stormwater runoff from development projects that disturb greater than or equal to one acre,
including projects less than one acre that are part of a larger common plan of development or sale,
that discharge into the MS4 will be required. At a minimum, the Post-Construction Program shall
comply with 15A NCAC 02H .1017 and shall provide:

Legal Authority
The permittee shall maintain adequate legal authorities through ordinance or other
regulatory mechanism to:

a) Review designs and proposals for development projects to determine whether
adequate stormwater control measures will be installed, implemented, and
maintained.
b) Request information such as stormwater plans, inspection reports, monitoring results,
and other information deemed necessary to evaluate compliance with the Post-
Construction Program.
c) Enter private property for the purpose of inspecting at reasonable times any facilities,
equipment, practices, or operations related to stormwater discharges to determine
compliance with the Post-Construction Program.
Plan Review and Approval
The permittee shall maintain plan review and approval authority, standards, and
procedures to:

a) Require Federal, State, and local government projects to comply with Post-
Construction Program requirements throughout the entire MS4 permitted area, unless
the entity is subject to its own NPDES MS4 permit or a qualifying alternative
program.
b) Conduct site plan reviews of all new development and redeveloped sites that disturb
greater than or equal to one acre, and sites that disturb less than one acre that are part
of a larger common plan of development or sale for compliance with 15A NCAC
02H .1017 and the qualifying alternative programs that apply within your jurisdiction
c) Ensure that each project has an Operation and Maintenance Agreement that complies
with 15A NCAC 02H .1050(11).
d) Ensure that each project has an Operation and Maintenance Plan that complies with
15A NCAC 02H .1050(12).
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e) Ensure that each project has recorded deed restrictions and protective covenants, that
require the project to be maintained consistent with approved plans.
f) Ensure that each SCM and associated maintenance accesses be protected in a
permanent recorded easement per 15A NCAC 02H 1050 (9) and (10).
Inspections and Enforcement
The permittee shall maintain inspection and enforcement authority, standards, and
procedures to:

a) Conduct post-construction inspections prior to issuing a Certificate of Occupancy or
a Temporary Certificate of Occupancy. Alternatively, the project owner may provide
a surety bond to guarantee compliance with the approved plan(s).
b) Ensure that the project has been constructed in accordance with the approved plan(s).
c) Ensure annual inspection of each permitted SCM to ensure compliance with the
approved Operation and Maintenance Agreement.
d) Ensure inspection of low density projects at least once during the permit term.
e) Require that inspections be conducted by a qualified professional.
Documentation
The permittee shall maintain adequate documentation and standardized inspection and
tracking mechanisms to:

a) Maintain an inventory of post-construction SCMs and low density projects.
b) Document, track and maintain records of inspections and enforcement actions.
Tracking shall include the ability to identify chronic violators.
c) Make available to developers all relevant ordinances, post-construction requirements,
design standards, checklists, and/or other materials.
Fecal Coliform Reduction Program
The permittee shall control, to the maximum extent practicable, sources of fecal coliform
per 15A NCAC 02H .1017(7). At a minimum, the program shall include:
a) A pet waste management component, which may be achieved by revising an existing
litter ordinance, and
b) An on-site domestic wastewater treatment system component, if applicable, which
may be coordinated with local county health department, to ensure proper operation
and maintenance of such systems.