NCS000515_China Grove UDO Comments_20190429

April 29, 2019

Mr. Franklin D. Gover, III
Assistant Town Manager
Town of China Grove
333 North Main Street
China Grove, NC 28023

Subject: Comments on Draft Stormwater Ordinance
Town of China Grove
NPDES MS4 Permit No. NCS000515
Rowan County

Dear Mr. Gover:

As requested, comments on the town’s provided draft ordinance revisions are provided below. These
comments are specific to compliance with the National Pollutant Discharge Elimination System (NPDES)
Municipal Separate Storm Sewer System (MS4) Permit requirements. The current Town of China Grove
MS4 Permit was issued on February 1, 2018.

Please also note that China Grove is currently scheduled for a permit compliance audit in 2020, and a new
MS4 Permit will subsequently be issued in 2020 or 2021. Attached is a list of the minimum post-
construction requirements that will be included in the Town of China Grove’s next NPDES Municipal
Separate Storm Sewer System (MS4) Permit. It is recommended that the Town review the list and
include relevant provisions in this ordinance update in order to prevent having to do another ordinance
update in 2021.

Comments on Section 8.11 Stormwater Management:

8.11.7 Definitions
The low-density project definition only includes 2 DWU/acre or 24% BUA. A project subject to NPDES
MS4 and Urbanizing Areas Rule 15A NCAC 02H .1017 would need to meet the low density requirements
in Rule 15A NCAC 02H .1003(2) which includes dispersed flow, vegetated conveyances, curb outlet
systems, AND contains no more than 24% built-upon area or 2 dwelling units/acre.

8.11.9 SCMs Guidelines and Design Manual
The DEMLR rules and regulations are specific requirements, not guidelines. It is recommended that the
specific rule references either be included or, at a minimum, links be provided on the Town’s web page so
that developers know they must specifically comply with 15A NCAC 02H .1017, plus .1003(2) for low
density or .1003(3) for high density. The MS4 Permit requires that the information be readily available to
developers [Ref. NPDES MS4 Permit, Part II, Section F.2.h].

Vegetated setbacks are not addressed in the UDO, but are required in accordance with 15A NCAC
02H .1017(10) and .1003 (4).

See also low density comments for 8.11.7 above.

8.11.10 Easements and Performance Security
Ensure that each SCM and associated maintenance accesses be protected in a permanent recorded
easement per 15A NCAC 02H 1050 (9) and (10).

In accordance with the MS4 Permit, the MS4 should have legal authority to 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 [Ref. NPDES MS4
Permit, Part II, Section F.2.a]. Therefore, the Town needs legal access at all times, regardless of whether
the owner maintains the SCM or not.

8.11.11 Inspections, Operation and Maintenance
The MS4 permit requires a mechanism to require long term operation and maintenance of structural
SCMs [Ref. NPDES MS4 Permit, Part II, Section F.2.b]. The draft ordinance requires an O&M Plan, but
does not require that it be implemented.

The MS4 permit requires the town to perform a post-construction inspection prior to issuing a Certificate
of Occupancy (CO) or temporary CO [Ref. NPDES MS4 Permit, Part II, Section F.2.g].

8.11.12 Residential Ownership of SCMs
While not specifically required by regulation or the NPDES MS4 Permit, it is highly recommended that
the Town consider more specific requirements for transfer of SCM responsibility to an HOA. Some HOA
charters are set to automatically transfer responsibility to the HOA once a certain percentage of the lots
are sold/privately owned. This can result in an HOA becoming responsible for unfinished SCMs, or
SCMs that are not maintained and/or in compliance at the time of the transfer. Most HOA boards are not
“stormwater savvy” enough to understand what they are accepting or ask for a compliant device
certification prior to acceptance. This is also an opportunity for the Town to address the issue as part of
the MS4 Permit Public Education and Outreach Program.

8.11.14 Procedures and Submittal Requirements
Final plats shall include recorded easements for all SCMs in high density projects and/or built upon area
restrictions for low density projects.

See also 8.11.12 comments above.

Should you have any questions regarding these comments, the current permit requirements, or the future
permit requirements, please contact me at [e-mail] or [phone].

Sincerely,
Jeanette Powell, CPESC, CPSWQ
MS4 Program Coordinator

w/attach

cc: Zahid Kahn, Mooresville Regional Office
Stormwater Permit File