NCS000407_OTHER_20110713

STORMWATER DIVISION CODING SHEET
MS4 PERMITS
PERMIT NO.
DOC TYPE
❑FINAL PERMIT
❑ ANNUAL REPORT.
❑ APPLICATION
0 COMPLIANCE
0 OTHER
DOC DATE
❑ �D O � �3
YYYYMMDD

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 13, 2011
Lisa Hagood
City of Mount Holly
400 East Central Avenue
Mount Holly, North Carolina 28120
RECEIVED
DIVISION OF WATER QUALITY
JUL 2 4 2011
SWWP S t�--T" ON
MOORESVILLE REGIONAL OFFICE
Subject: Water Supply Watershed and NPDES Stormwater Program Compliance Audit Followup
Dear Ms. Hagood:
The North Carolina Division of Water Quality (DWQ) conducted an audit of the City of Mount Holly's
Water Supply Watershed Protection Program and Phase 2 Stormwater Management Program on June 9,
2011. DWQ was represented by Mike Randall, Julie Ventaloro, and Michael Burkhard. The purpose of
the audit was twofold: 1) Evaluate the City's compliance with the requirements of Section 402(p) of the
Clean Water Act (CWA), 33 U.S.C. § 1342(p), the regulations promulgated there under at 40 Code of
Federal Regulations Part 122.26, and the North Carolina National Pollutant Discharge Elimination
System (NPDES) Permit No. NCS000407; and 2) Evaluate the county's compliance with North Carolina
General Statute 143-214.5 and Rule 15A NCAC 2B .0104(b) which requires that local governments
having land use jurisdiction within a water supply watershed adopt and implement land use ordinances.
The ordinances must meet the minimum requirements of the Environmental Management Commission's
(EMC) rules under 15A NCAC 21B .0100 and .0200.
Our review of the City's programs and documents provided at the time of the visit indicate that Mount
Holly's Water Supply Watershed Protection and NPDES Phase 2 Stormwater Management programs are
generally compliant but need some modifications to comply with state and federal requirements. These
modifications are outlined below. Positive findings are summarized in the attached document.
1. Add language to the City's Zoning Ordinance to emphasize the requirement that
stormwater be transported by vegetated conveyance.
During our site visit, we observed extensive use of piped conveyances in the Storewater
development which staff indicated were required by ordinance. This is inconsistent with the
requirements of Session Law 2006-246 and North Carol ina•Administrative Code 15A NCAC 213
.0100 and .0200 which require that vegetated conveyances be used in iow-density developments
to the maximum extent practicable. We suggest adding the following language, or something
similar, to Article 5 of your Zoning Ordinance:
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 9IM07-6300 V FAX: [phone] Customer Service: 1-877-623-6748
NorthCarolina
Naturally
An Equal Opportunity 4 Affirmative Action Employer

A 1.
Mt. Holly
Page 2 of 5
Pursuant to North Carolina Administrative Codes and this Ordinance, all projects that
utilize the low -density option must first be determined if transportation of stormwater by
vegetated conveyances is practicable. If transportation of stormwater on the site can be
practicably done by the use of vegetated conveyances, then the standard curb and gutter
and stormwater drain collection systems are not allowed. That is, the below listed
vegetated swale specifications are required.
a. Vegetative swale requirements
i. A vegetated conveyance device such as a swale shall be used to provide
transportation of stormwater runoff. The construction of the swale must
provide for even distribution of runoff across the width of the vegetated
swale;
ii. The slope and length of the vegetative swale shall be designed,
constructed, and maintained so as to provide a non -erosive velocity of flow
through the swale for the 10- year storm and shall have a slope of five
percent or less, where practicable; and
iii. Vegetation in swale may be natural vegetation, grasses, or artificially -
planted wetland vegetation appropriate for the site characteristics.
In lieu of use of only vegetative swales in these settings, curb and gutter collection systems
may be used if below listed curb outlet systems are employed:
b. Curb Outlet systems
i. Projects that meet the low -density provisions may use curb and gutter
with outlets to convey the stormwater to vegetated areas.
ii. The curb outlets shall be located such that swale or vegetated area can
carry the peak flow from the 10-year storm and the velocity of the flow shall be
non -erosive;
iii. The side slopes of the swales or vegetated areas shall not be steeper than
5:1 (horizontal to vertical). Where this is not practical due to physical
constraints, devices to slow the rate of runoff and to encourage infiltration to
reduce pollutant delivery shall be provided; and
iv. The swales or vegetated areas for curb outlet systems should be designed
to extend the maximum length practicable (e.g., 100-foot filter length).
Alternatively, the City may require Zoning Compliance Permit applicants to certify that
their vegetated §wales meet the design requirements of the North Carolina Stormwater
BMP Manual (http://portal.ncdenr.orglweb/wq/ws/su/bmR-chl4).
2. Amend Article 5 of the City's Zoning Ordinance to increase the required buffer on high -
density projects to 100 feet on perennial waters.
Section 5.14(C) of the City's Zoning Ordinance requires a minimum 30' vegetative buffer for
development activities along perennial waters.' Please be advised that 100-foot vegetative buffers
are required for high -density projects per 15A NCAC 213.0214(3)(b)(i)(G), 15A NCAC 2B
.0215(3)(b)(i)(G) and 15A NCAC 213.021b(3)(b)(i)(F). This requirement generally applies to
any high -density project in a water supply watershed area, including those that are built along the
Catawba River and its lakes. Note that this is separate from the state requirement for a 50-foot
undisturbed riparian buffer on the Catawba River mainstem and mainstem lakes under Rule 15A
NCAC 2B .0243.

Mt. Holly
Page 3 of 5
3. Develop a mechanism to track annual inspection and maintenance of stormwater BMA's.
Annual inspection of stormwater BMA's is required under the Water Supply Watershed
Protection Rules. The City must have a system to inspect or require inspection reports for
each BMP. Please provide a description of how the City will ensure that inspection and
maintenance of BMPs located in water supply watershed areas is occurring at least
annually.
4. Apply for No Exposure certification for fleet vehicle maintenance and car wash
areas.
Staff indicated that there is one vehicle maintenance garage and a car washing area that do
not discharge stormwater and may be eligible for No Exposure certification. DWQ
recommends that the City submit No Exposure certification forms to DWQ for these areas.
Information and forms can be found at:
http://portal.nedenr.orp-/web/wq/ws/su/npdessw#tab-5.
5. In Section 5.14 (M) of the Zoning Ordinance, change `Division of Environmental
Management' to `Division of Water Quality.'
6. Clarify which Stormwater BMP Manual is used by the City.
Staff indicated that they utilize the state's Stormwater BMP Manual and that it is
referenced in the Zoning Ordinance. DWQ was unable io find a reference to the state's
BMP Manual. Please clarify or provide a reference in your response.
7. On June 9, 2011, DWQ and staff with the City Planning and Public Utilities Departments
inspected the following site. The site was inspected to determine compliance with the
requirements of the Water Supply Watershed Protection Rules (I 5A NCAC 02B .0100 and .0200)
and Catawba Buffer Rule (15A NCAC 02B .0243). The inspection revealed the following
issues that require corrective action:
• Stonewater Development
o The site does not meet the diffuse flow requirements of the Catawba
Buffer Rule
o Evidence of sedimentation in buffer and lake
o Vacant lots adjacent to the lake should be seeded to help prevent further
sedimentation.
a To date, a Notice of Violation has not been sent. The developer is
working with City staff and DWQ regional office staff to resolve the
above issues. It is our understanding that the City will continue to
work with the developer on designing a level spreader system to
achieve diffuse flow into the buffer. Please keep DWQ informed as
this work progresses.
In addition, DWQ offers the following reminders and recommendations:

Mt. Holly
Page 4 of 5
8. Update the City's website to include more information on stormwater outreach, as
well as current stormwater and watershed protection ordinances.
Although the website includes some information on stormwater, the current site focuses
mostly on water usage, public water and sewer services, and water meters. Staff indicated
that they have plans and a budget for a new website design in the coming year. The new
website will include pages dedicated to watershed, floodplain, and stormwater issues as
well as current ordinances. Please let us know when that happens.
The Division of Water Quality's stormwater education website, www.nestormwater.ora,
offers a complete "toolkit" of free outreach and education materials that can be used for
developing a local government site. The EPA Nonpoint Source Outreach Toolbox also has
a directory of free stormwater outreach materials that may be used by local governments
for website and program development: www.epa.gov/nps/toolbox/.
9. Because there are several stormwater and buffer programs that apply within the City's
jurisdiction, including NPDES Phase 2 stormwater, Water Supply Watershed, and the
Catawba Buffer Rule, DWQ recommends adding the following language to Article 5 of
the Zoning Ordinance:
"Whenever conflicts exist between federal, state, or local laws, ordinances or rules, the
more restrictive provision shall apply."
10. Consider revising the City's Zoning Ordinance to strengthen language concerning
development in riparian buffer areas.
DWQ recommends that the City revise Article 5 of its Zoning Ordinance to emphasize that
development in the City may be subject to the Catawba Riparian Buffer Rule (Rule 15A
NCAC 02B .0243) in addition to local buffer requirements. While you're not required to
make this revision to your ordinance, we believe it would provide an additional safeguard
against potential violations of the Catawba Buffer Rule.
11. Require as -built plans for stormwater BMPs before issuing an occupancy permit.
DWQ recommends amending Sections 5.14.1 (C)(5) and 5.14.2(C)(5) to require applicants
to certify that a completed project is in accordance with approved stormwater management
plans and designs, and to submit as -built plans for all stormwater BMPs before the City
issues an occupancy permit.
12. Include IDDE and stormwater concerns in staff training program.
The City indicated they have developed and implemented an employee training prograrn
for employees involved in implementing pollution prevention and good housekeeping
practices. We did not evaluate the program during this visit. We recommend the City
ensure the agenda includes illicit discharge detection and elimination (IDDE) and
stormwater concerns and the file includes a list of attendees and the material used in the
training. The material used in the training should be evaluated to ensure the training
includes appropriate pollution prevention and good housekeeping practices.
y r �

Mt. Holly
Page 5 of 5
13. Ensure that the City's Operation and Maintenance program includes maintenance
for municipal -owned stormwater controls, parking lots, culverts, etc.
The City has identified municipally -owned or operated structural stormwater controls.
During this visit, we did not review specifics of the City's Operation and Maintenance
(O&M) program for municipal owned and operated structural stormwater controls and the
municipal separate stormwater sewer system (MS4). The City should ensure their O&M
program includes a description of storm sewer system maintenance activities for municipal
owned and operated structural stormwater controls, parking lot maintenance, street
sweeping, culverts, cleaning curbs and catch basins, storm lines and ditches. The
description should included schedules and inspection and maintenance procedures.
14. Ensure that City employees are trained on proper pesticide, herbicide, and fertilizer
application.
The state has specific requirements for pesticide, herbicide and fertilizer applicators.
During this visit, DWQ did not determine whether the City ensures municipal employees
(and their contractors) are properly trained and all permits, certifications, and other
pesticide, herbicides, and fertilizers (PHFs) measures for pesticide, herbicide and fertilizer
applicators are followed.
Please provide a written description of how the City of Mount Holly will respond to the issues detailed in
this ietter within 45 days of your receipt of this letter. Mail this information to the attention of Julie
Ventaloro at DWQ, Wetlands and Stormwater Branch, 1617 Mail Service Center, Raleigh, NC 27699-
1617.
Thank you for your cooperation and assistance in this program audit. City staff were very helpful
during the audit, and should be commended on their efforts to manage stormwater and protect
North Carolina's valuable natural resources. Overall, the City administers effective Phase 11 MS4
and Water Supply Watershed Protection programs. DWQ will remain available to assist the City
as you assess and move forward with your programs, and we look forward to working with you in
the future.
If you have any questions, please feel free to contact Mike Randall at 919-807-6374 or Julie
Ventaloro at [phone].
Sincerely,
_fX4
Bradley Bennett
Supervisor, Stormwater Permitting Unit
Attachment: Description of Positive Findings
cc: Greg Beal, Planning Director, City of Mount Holly
Julie Ventaloro, DWQ Stormwater Permitting Unit
Michael Burkhard, DWQ Mooresville RO
Amy Chapman, DWQ WBSCP Unit

W
Positive Findings
NPDLS Stormwater Program Audit
June 9, 2011
City of Mount Holly
The City maintains adequate legal mechanisms to implement all provisions of the
Stormwater Management Program, including, policies and procedures, Unified
Development Ordinance /Stormwater Ordinance, fDD13 ordinance, interlocal agreements
with Gaston County and a coorperative agreements with Centralina COG for public
education. The City is also considering a Pet Waste Ordinance that will supplement an
excellent outreach program. The City established a stormwater hotline/helpline and has
developed and maintained a web site.
The City has evaluated the capital and operation and maintenance expenditures, as
well as the necessary staff resources needed to meet the requirements of this permit,
including any implementation and enforcement activities required. The City maintains
adequate funding and staffing to implement and manage the provisions of the Stormwater
Plan and meet all requirements of the City's permit. The City has adequate Stormwater
management staff and an organizational chart that shows where the responsible parties fit
into the structure of the stormwater program. In addition the City maintains a list of
stormwater staff, their job descriptions, their training requirements and/or qualifications,
and training records. The City has a stormwater utility fee as well as permitting and
inspection fees.
The Town has also developed and encouraged on -going partnerships with Gaston
County and Charlotte -Mecklenburg Stormwater Group. The Clean Water Trust Fund
recently provided $2.6 Million to acquire and preserve over 200 acres and the city also
worked with the City of Gastonia and the U.S. Forestry to acquire and preserve over 450
acres.
Dutchman Creek (lower) is impaired for turbidity and fecal coliform. Stanley
Creek is impaired for low DO and the Catawba River is impaired for low pH. The City is
working to identified likely sources of the impairment and to identified and assessed
existing programs, controls, partnerships, projects and strategies within the scope of the
six minimum measures to address discharges to any contributions the City might have to
the impairments. The City also is working to identified projects that could include
retrofits, new development and re -development, mitigation, and stream restoration projects
as well as non-structural strategies including aimed at addressing discharges to Dutchman
Creek, Stanley Creek and the Catawba River.
The City has developed a comprehensive development plan and policies,
regulations and incentives to protect natural resource areas and critical habitat including 1)
buffer zones and other protective measures around wetlands, riparian areas, lakes, rivers,
estuaries and floodplains, 2) dedicated open space, 3) measures taken to preserve, protect
and maintain trees on public and private property and rights -of -way to enhance the urban
tree canopy, 4) direct growth to areas with existing infrastructure, such as sewer, water,
and roads, 5)street and side walk design standards (including variances in some cases) and
engineering practices that encourage streets to be no wider than is necessary to effectively
move traffic, and encourage alternative forms and decreased dimensions of residential
driveways and parking areas, 6) alternative parking requirements that allow flexible

arrangements to meet parking standards, measures to reduce required parking in exchange
for specific actions that reduce parking demands on site, 7) measures to ensure stormwater
management plan reviews take place early in the development review process, 8) measures
taken to encourage and allow LID practices for managing stormwater runoff, 9) encourage
and incentivize water harvesting, rain gardens, and rain barrels.
The City has implemented a public education program to distribute educational
materials to the community and conduct outreach activities including newspaper articles
and/or inserts, Kiosks and signage, targeted direct mail, utility bill inserts, public meetings,
community events (i.e., Spring fest, and Catawba River District Friends program), storm
drain marking, stream and litter cleanups, group presentation, distributing promotional
giveaways and specialty items, brochures, displays, signs and newsletters. The City has
identified the following target pollutants — fecal, floatables, grass clippings, sediment, and
pet waste. The City has documented their public education through photos, flyers,
brochures, and a summary of the activities.
The City has provided a mechanism for public involvement through citizens' or
stakeholders' group(s), partnerships with the Catawba River District, Centralina COG, and
promotes participation in the development and implementation of the SWMP through the
TRC, Stormwater Advisory Committee, Stream clean-up events, Adopt -a -stream, storm -
drain stenciling, working with citizen volunteers willing to educate others about the
program, and forming partnerships with local businesses.
The City has an IDDE ordinance, written procedures for implementing and
enforcing the IDDE Program including appropriate enforcement procedures and actions,
and has established hotline for the public to report potential illicit discharges. The City has
also developed a storm sewer system map showing the location of major outfalls and the
names and location of waters that receive discharges from those outfalls. Although the
City does not have a formal program to conduct dry weather inspection they have a
request for quote and are evaluating the proposals. IDDE inspections are complaint driven
and follow-up inspections are conducted to ensure that corrective measures were
implemented. The City informs businesses and the general public of hazards associated
with illegal discharges and improper disposal of waste through outreach activities, flyers,
utility bill inserts and has a training program for municipal employees.
The City relies on Gaston County to satisfy the Erosion and Sediment Control
Program.
The city is subject to the Water Supply Watershed IV (WS-IV), 15A NCAC
214.0216 post -construction stormwater requirements throughout their jurisdiction. The City
has an ordinance to address Stormwater runoff from new development and written
procedures for implementing and enforcing the Post -Construction Stormwater Program
including appropriate enforcement procedures and actions.
The City has identified local government owned and/or operated facilities and/or
activities, including vacant Iots, easements, public right of ways, and other open spaces,
public buildings and parking lots, parks and recreation areas, Police and Fire Departments,
public works, equipment and material storage areas, maintenance facilities, street repair
and maintenance sites, fertilizer storage areas, fleet maintenance and vehicle washing,
wastewater treatment facilities, and structural stormwater controls (e.g., wet ponds, rain
4

gardens). The City does not have landfills, incinerators, industrial parks, hospitals, fuel
farms and vehicle fueling facilities. The City has also developed an O&M program for
municipally -owned or operated facilities that includes SOPS and requires regular of
inspections and training of municipal staff.