NCS000240_Charlotte FY2020 SWMP_20190628

City of Charlotte
NPDES MS4 Permit Program

Stormwater
Management Program Plan

Permit Number NCS000240

Fiscal Year 2020

June 2019

City of Charlotte - Stormwater Management Program Plan – FY 2020

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Table of Contents

Section 1 Introduction ................................................................................................1

Section 2 Background Information ..........................................................................3

Section 3 Public Education and Outreach Program ...............................................8

Section 4 Public Involvement and Participation Program ...................................13

Section 5 Illicit Discharge Detection and Elimination Program ..........................18

Section 6 Construction Site Stormwater Runoff Control Program.....................25

Section 7 Post-Construction Stormwater Management Program .......................31

Section 8 Pollution Prevention/Good Housekeeping Program.............................37

Section 9 Industrial Facilities Evaluation and Monitoring Program ..................47

Section 10 Water Quality Assessment and Monitoring Program ..........................52

Section 11 Total Maximum Daily Load (TMDL) Program ....................................57

Appendices .................................................................................................................70

Acronyms Used In This Document:

BMP: Best Management Practice
CFR: Code of Federal Regulations
CMCSI: Charlotte-Mecklenburg Certified Site Inspector
CMSWS: Charlotte-Mecklenburg Storm Water Services
CW: Charlotte Water Department
DEMLR: NCDEQ - Division of Energy, Mineral, and Land Resources
EPM-SWS: Engineering and Property Management Department-Storm Water Services
Division
ETJ: Extra Territorial Jurisdiction
GIS: Geographic Information System
IDDE: Illicit Discharge Detection and Elimination
MEP: Maximum Extent Practicable
MS4: Municipal Separate Storm Sewer System
NCAC: North Carolina Administrative Code
NCDEQ: North Carolina Department of Environmental Quality
NCGA: North Carolina General Assembly
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NOV: Notice of Violation
NPDES: National Pollutant Discharge Elimination System
PCSO: Post-Construction Stormwater Ordinance
SARA: Superfund Amendments and Reauthorization Act
SCM: Stormwater Control Measure
SPPP: Stormwater Pollution Prevention Plan
SSO: Sanitary Sewer Overflow
SWAC: Storm Water Advisory Committee
SWIM: Surface Water Improvement & Management Program
SWMP: Stormwater Management Program
TMDL: Total Maximum Daily Load
TSS: Total Suspended Solids
WLA: Waste Load Allocation
WWTP: Wastewater Treatment Plant

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Section 1: Introduction

On November 1, 1993, the City of Charlotte began operating under National Pollutant Discharge
Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit Number
NCS000240. This permit has subsequently been renewed for a 5-year permit term on four
occasions and is currently in its 5th permit cycle effective October 10, 2018 through October 9,
2023.

This document provides the Stormwater Management Program Plan (SWMP) required by Part I,
paragraphs A and G of the City’s NPDES MS4 permit. The objective of the SWMP is to
establish the means by which the permit requirements are implemented to achieve permit
compliance and protect receiving stream water quality, to the extent allowable under State or
local law. This includes the effective prohibition of non-storm water discharges to the MS4 and
the reduction of pollutant discharges to the maximum extent practicable (MEP) through the
implementation of the six minimum measures stipulated in the Federal NPDES regulations. The
SWMP plan details the program elements to be implemented under the permit program, and
includes: the specific best management practices (BMPs) that are intended to fulfill the permit
requirements; frequency of each BMP; measurable program goals; implementation schedules;
and responsible positions.

The City of Charlotte-Engineering and Property Management Department-Storm Water Services
Division (EPM-SWS) is the primary agency responsible for managing the City’s NPDES MS4
permit, the MS4 system and the SWMP. Implementation of the requirements within the permit
and SWMP activities are coordinated with other applicable City departments as necessary. In
addition, coordination is conducted with the NPDES MS4 permit programs for the jurisdictions
in Mecklenburg County adjacent to the City where appropriate and feasible. This coordination is
conducted to help ensure uniformity between the local NPDES MS4 stormwater permit programs
and jurisdictions.

Select staff of EPM-SWS, under the direction of the City’s Surface Water Quality and
Environmental Permitting Program Manager, is responsible for the fulfillment of most of the
activities discussed in this SWMP. Exceptions to this include the City’s Engineering and
Property Management Department-Land Development Division, which is the primary agency
responsible for Development and applicable Redevelopment Plan Review and Construction Site
Stormwater Runoff Control. In addition, the City’s Department of Transportation-Street
Maintenance Division and Solid Waste Services Department have responsibility for routine
maintenance of certain portions of the MS4, in coordination with EPM-SWS. Funding for the
BMPs specified in the SWMP is provided by local stormwater utility fees, except where noted.

The SWMP includes the following core NPDES MS4 permit programs:

1. Public Education and Outreach Program – This program provides the general public and
businesses with information on general water quality, pollution prevention, and reporting
problems, as well as specialized information on various activities that have the potential to
cause pollution and harm water quality. This information is delivered through a wide range
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of methods including print, web, radio, social media, television, presentations, and public
events.

2. Public Involvement and Participation Program – This program provides the general public
and businesses the opportunity to participate in various programs within the City’s SWMP.
Charlotte-Mecklenburg government maintains a Storm Water Advisory Committee (SWAC),
which is an appointed citizen panel to review and comment on the City’s and County’s
stormwater programs. In addition, public volunteer opportunities are available with
City/County programs such as Storm Drain Marking, Adopt-a-Stream, and the annual Big
Spring Clean event.

3. Illicit Discharge Detection and Elimination Program – This program is designed to protect
water quality by detecting and eliminating pollution sources such as improper sewage or
wastewater connections; illegal discharges of chemicals, paint, or oil; and accidental
discharges from sanitary sewer lines and vehicle accidents. As part of this program, the City
enforces the “City of Charlotte - Stormwater Pollution Control Ordinance,” which prohibits
the discharge of pollutants to the storm drainage system and receiving streams. The City
relies on reports from the public, various monitoring programs, and a wide range of other
activities to assist in identifying and eliminating these sources of pollution.

4. Construction Site Stormwater Runoff Control Program – This program maintains the City’s
delegated erosion and sediment control program to control sediments and other pollutants
from construction sites. As part of this program, the City enforces the “City of Charlotte -
Soil Erosion and Sedimentation Control Ordinance,” which requires suitable erosion control
on project sites. The City conducts routine inspections of construction sites and issues
violation notices and fines when necessary to ensure compliance with the ordinance.

5. Post-Construction Stormwater Management Program – This program is designed to control
the discharge of pollutants in stormwater runoff from new development and applicable
redevelopment projects. As part of this program, the City enforces the “City of Charlotte –
Post- Construction Stormwater Ordinance,” which requires structural stormwater controls for
new development and applicable redevelopment projects as defined by current State law.
The program involves review and approval of project plans as well as site inspections and
maintenance activities to ensure that treatment practices are properly operated and
maintained.

6. Pollution Prevention/Good Housekeeping Program – This program focuses on ensuring that
City facilities and field operations are managed in a way that minimizes stormwater pollutant
discharges. Stormwater Pollution Prevention Plans and Spill Response Plans are maintained
for applicable facilities that conduct activities with the potential for stormwater pollutant
discharges. The City conducts inspections and training sessions at these facilities to ensure
that requirements are being met. Field operations are evaluated for impacts on stormwater
quality and best management practices are developed and implemented to minimize those
impacts.

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7. Industrial Facilities Evaluation and Monitoring Program – This program focuses on industrial
facilities that discharge stormwater to the City’s MS4 and receiving streams. Inspections and
stormwater discharge monitoring are conducted at these facilities on a rotational basis to
review site operations and materials handling practices. In addition, if the facility has a
stormwater permit, it is reviewed to ensure that permit conditions are adhered to.

8. Water Quality Assessment and Monitoring Program – This program maintains a water
quality monitoring plan designed to monitor major streams to determine water quality
conditions and assist in evaluating the effectiveness of various stormwater management
programs. The program is also used to assist in locating illicit discharges and connections
where possible.

9. Total Maximum Daily Load (TMDL) Program – This program maintains a TMDL watershed
plan designed to address applicable TMDL pollutants of concern by implementing best
management practices (BMPs) within the six minimum NPDES stormwater permit measures.
These BMPs are designed to reduce the TMDL pollutant of concern within the Permittee’s
assigned MS4 NPDES regulated waste load allocation to the maximum extent practicable
(MEP), and to the extent authorized by law.

Section 2: Background Information

2.1 Population Served

The SWMP covers the jurisdictional area, including the incorporated area and extra territorial
jurisdiction (ETJ), for the City of Charlotte, as applicable and defined by the NPDES MS4
permit. Table 2-1 provides the population for the City of Charlotte based on the 2000 and 2010
US census. This census data was obtained from the following website of the US Census Bureau:

https://www.census.gov/quickfacts/table/PST045216/3712000,00

Table 2-1: Population and Growth Rate for the City of Charlotte.
2018 Population
(estimated)
2010 Population 2000 Population Average Annual Percent
Change (2010-2018)
872,498 731,424 540,828 2.4%

2.2 Growth Rate

Table 2-1 shows the population growth rate represented as an “Average Annual Percent
Change” for the City of Charlotte. This growth rate was calculated by dividing the overall
percent change between the 2010 and 2018 Census data by the 8-year interval period.

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2.3 Jurisdictional and MS4 Service Areas

The jurisdictional and MS4 service area for the City is provided in Table 2-2. The location of
this area within Mecklenburg County and corresponding watershed areas is provided in Figure
2-1. The source of this information is the City of Charlotte Planning Department, which updates
jurisdictional and geographical boundaries as annexations occur.

Table 2-2: Jurisdictional and MS4 Service Area for the City of Charlotte.
Incorporated Area (Sq. Miles) ETJ (Sq. Miles) Total Jurisdiction (Sq. Miles)
309 67 376

2.4 MS4 Conveyance System

The existing MS4 serving the City is composed of curbs, gutters, catch basins, culverts, pipes,
ditches, and outfalls that collect and convey stormwater for discharge to receiving streams.
Currently, there are an estimated 6,997 outfalls, 3,702 miles of storm drain pipe and 163,751
catch basins and drop inlets within the City’s MS4. Pipe systems are typically 15 inches or
larger in diameter and are designed for the ten-year storm event. Outlet energy is commonly
dissipated through the use of end-walls or flared end sections with riprap aprons. Although the
natural alignment of many receiving streams has been altered over the past century, many of the
stream banks remain mostly vegetated as a result of the City’s stormwater management
philosophies. Stream banks that were previously armored with riprap are currently allowed to
re-vegetate naturally, and new projects incorporate “soft” methods involving tree plantings and
other vegetation.

Maintenance and improvements to the MS4 system are funded by stormwater utility fees
collected within the City. Maintenance activities include cleaning inlets of debris and sediment,
maintaining channels to reduce erosion and maximize pollution reduction capabilities, and the
removal of blockages. Improvements to the MS4 system include solving infrastructure
problems, channel stabilization, safety improvements, stream habitat enhancement, water quality
enhancement, and resolving flooding problems associated with stormwater generated from
public streets.

2.5 Land Use Composition Estimates

The number of square miles and percentage of the MS4 service area under residential,
commercial, industrial and open space land use categories are provided in Table 2-3. These
percentages include the incorporated area and ETJ for the City. Figure 2-2 provides a map of
these land use areas. Land use estimates are derived from Mecklenburg County land parcel
geographic information system (GIS) data (2015).

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Table 2-3: Percentage of Land Uses in the City of Charlotte (including ETJ).
Land use Category Number of Square Miles % of Land Use within City of
Charlotte
Residential 132 35
Commercial 56 15
Industrial 13 4
Open Space 98 26
Institutional 20 5
Transportation/Other 54 14
Lake Water/Open Space 3 1

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FIGURE 2-1
Charlotte Jurisdictional Area and Watersheds

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FIGURE 2-2

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Section 3: Public Education and Outreach Program

The City will continue to implement the Public Education and Outreach Program to distribute
educational materials to the community and conduct outreach activities focused on the impacts
of stormwater discharges on water bodies. The following sub-sections explain:

• The BMPs intended to meet program requirements;
• Target audience and pollution sources;
• Outreach strategy; and
• Measures of success.

3.1 BMP Summary Table

Table 3-1 provides information concerning the BMPs intended to meet the Public Education and
Outreach Program requirements.

Table 3-1: BMP Summary Table for the Public Education and Outreach Program.
BMP BMP Description Schedule (years) Responsible
Position 1 2 3 4 5
Describe target
pollutants and
target pollutant
sources
Describe the target pollutants and target pollutant
sources the permittee’s public education program is
designed to address and why they are an issue.

X X X X X Water Quality
Program
Manager
Describe target
audiences
Describe the target audiences likely to have
significant stormwater impacts and why they were
selected.
X X X X X Water Quality
Program
Manager
Informational Web
Site
The permittee shall promote and maintain an
internet web site designed to convey the program’s
message.
X X X X X Water Quality
Program
Manager
Distribute public
education materials
to identified user
groups.
Distribute general stormwater educational material to
appropriate target groups as likely to have a
significant stormwater impact.
X X X X X Water Quality
Program
Manager
Promote and
maintain
Hotline/Help line
Promote and maintain a stormwater hotline(s) or
helpline(s) for the public to request information
about stormwater, public involvement &
participation, and to report illicit connections &
discharges, etc.
X X X X X Water Quality
Program
Manager
Implement a Public
Education and
Outreach Program.
The permittee’s outreach program, including those
elements implemented locally or through a
cooperative agreement, shall include a combination
of approaches designed to reach the target
audiences. For each media, event, or activity the
permittee shall estimate and record the extent of
exposure.
X X X X X Water Quality
Program
Manager
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3.2 Target Pollutants and Sources

Table 3-2 provides the current specific pollutants and sources targeted for the public education
program as well as a description as to why the sources are important for protecting water quality
in the City.

Table 3-2: Target Pollutants and Sources for the Public Education and Outreach Program.
Target
Pollutant
Pollution Source Issue
Bacteria Improper Waste Disposal
Sanitary Sewer Overflows
Pet Waste
Improper handling and disposal of wastes can result in the discharge
of a variety of pollutants to the storm drainage system, causing
increases in harmful bacteria. Discharges of food wastes such as
fats, oils, and greases to the sanitary sewer system can result in line
blockages that cause sewer overflows. Improper disposal of pet
waste can also cause discharges of bacteria to the storm drain
system.
Sediment Construction Erosion
Stream Bank Erosion
Improper erosion control practices at construction sites can result in
sediment discharges to the storm drainage system. In addition,
uncontrolled volumes of stormwater runoff can cause scouring of
stream banks resulting in increased sediment volumes in streams.

3.3 Target Audiences

The City’s public education and outreach program reaches a broad representation of the city’s
population through various methods as explained in section 3.4 with the goal of reaching certain
target audiences for particular reasons as explained below. These are evaluated with each annual
SWMP update and as part of the development of the SWMP plan following permit renewal.

Multi-Family Residential Apartment Complexes: This target audience has been selected because
private sanitary sewer systems at apartment complexes are often not well-maintained and have
been found to be significant contributors to SSOs in the municipal sewer system due to improper
disposal of grease and other items by apartment residents.

Construction Industry: This target audience has been selected because it has the greatest potential
for affecting erosion and sedimentation control at construction sites, which can be a significant
contributor of sediment to the City’s waterways.

Commercial Sectors: Various commercial sectors are targeted for education each year due to the
significant negative impacts they can have on water quality by improperly handling and
disposing of wastes and practicing poor housekeeping at their facilities. Each year an evaluation
of previous pollution service requests, illicit discharges, and notices of violation is conducted to
determine which commercial sectors are commonly demonstrating non-compliance. Based on
that evaluation, education and outreach efforts are focused on particular sectors for a certain time
period, typically a fiscal year.

School-aged Children: Children are very important when it comes to protecting surface waters.
They play in creeks and lakes and, therefore, want to protect them. They bring home what they
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learn and encourage their parents to adopt positive behaviors for protecting water quality.
Lessons about surface water quality and stormwater pollution often fit into and enhance science
learning principles required by school curricula. Also, teaching children instills a sense of
responsibility for the environment that carries forward and grows into their adult lives. For these
reasons, the City’s public education program focuses significant resources on teaching students
at various grade levels.

City staff are also exploring and implementing various efforts to educate an even more diverse
representation of our population. We have embarked on this effort realizing that Charlotte is
becoming more diverse and different segments of our population receive and respond to outreach
and education in different ways.

3.4 Stormwater Public Education and Outreach Program

The City’s Stormwater Public Education and Outreach Program provides water quality and
pollution prevention messages to educate residents about the ways they can help protect water
quality and get involved to help reduce stormwater pollution. The program provides these
messages through the following activities:

• Mass Media;
• Social Media;
• Hotline Promotion;
• School Presentations;
• Public Presentations and Events;
• Website; and
• Public Education Materials.

Mass Media: The City uses mass media channels to communicate water quality and volunteer
program messages to a wide variety of audiences that may not be reached through its other
public education and outreach activities. This may include using online, digital, television, radio,
and newspaper advertising.

Social Media: Social media has become an important way to provide information on and engage
audiences in a variety of subjects. The City uses various social media platforms to educate
citizens and provide them with information about the program.

Hotline Promotion: The City, in cooperation with Mecklenburg County, operates a joint
customer service hotline to receive information about a variety of concerns. Citizens can call
311 to report pollution, flooding, and blockages to the drainage system as well as request other
City/County services. The 311-call center is staffed to receive calls Monday through Friday
from 7 am to 7 pm. Citizens can also submit requests for service to 311 online anytime
(24/7/365). All personnel from the customer service group receive training on stormwater issues
and pollution to ensure calls are directed to appropriate personnel and handled in a timely
manner.
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The City promotes this hotline throughout all of the activities provided as part of the Stormwater
Public Education and Outreach Program. Messages focus on helping residents understand how
to recognize and report stormwater pollution.

School Presentations: School presentations are provided to students from first grade through
senior in high school. These presentations are customized to the grade level and provide lessons
that focus on the water cycle, local watersheds, non-point versus point sources of pollution,
water conservation, and pollution prevention.

Public Presentations and Events: Public presentations are provided upon request to a variety of
audiences such as civic clubs, home owner associations, and commercial sectors. Public events
such as community fairs and other events are attended by staff that set up information tables,
provide activities, and distribute information and promotional products.

Website: A wide variety of pollution prevention, water quality, and volunteer information is
maintained on the Charlotte-Mecklenburg Storm Water Services (CMSWS) website
http://stormwater.charmeck.org This website is promoted through the promotional and
educational materials produced by the City’s Stormwater Public Education and Outreach
Program.

Public Education Materials: A wide variety of print media and promotional materials about
water quality and pollution prevention is maintained and provided to the public. This includes
brochures, fact sheets, postcards, booklets and promotional materials such as pens, pet waste
bags, etc. Print media and promotional products are distributed during responses to service
requests, public events, presentations, and/or through direct mail.

3.5 Measurable Goals

Table 3-3 describes the various Public Education and Outreach BMPs and the Measurable Goals
for each BMP by permit term year.

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Table 3-3: BMP Measurable Goals for the Public Education and Outreach Program.
BMP BMP Description Measurable Goals
FY2020 FY2021 FY2022 FY2023 FY2024
Describe target
pollutants and target
pollutant sources
Describe the target pollutants and target
pollutant sources the permittee’s public
education program is designed to address and
why they are an issue.

Re-evaluate target pollution sources
utilizing IDDE and WQ monitoring
data from prior years.
Review and update target pollution
sources as necessary based on previous
year.
Review and update target pollution
sources as necessary based on previous
year.
Review and update target pollution
sources as necessary based on previous
year.
Review and update target pollution
sources as necessary based on
previous year.
Describe target
audiences
Describe the target audiences likely to have
significant stormwater impacts and why
they were selected.

Re-evaluate target audiences to address
current target pollutants.
Review and update target audiences as
necessary based on previous year’s
efforts and current target pollutants.
Review and update target audiences as
necessary based on previous year’s
efforts and current target pollutants.
Review and update target audiences as
necessary based on previous year’s
efforts and current target pollutants.
Review and update target audiences as
necessary based on previous year’s
efforts and current target pollutants.
Informational Web
Site
The permittee shall promote and maintain
an internet web site designed to convey the
program’s message.

Continue to promote and maintain an
informational website to provide
program information to the public.
Continue to promote and maintain an
informational website to provide
program information to the public.
Continue to promote and maintain an
informational website to provide
program information to the public.
Continue to promote and maintain an
informational website to provide
program information to the public.
Continue to promote and maintain an
informational website to provide
program information to the public.
Distribute public
education materials to
identified user groups.
Distribute general stormwater educational
material to appropriate target groups as
likely to have a significant stormwater
impact.

Distribute educational materials per
education plan.

Distribute educational materials per
education plan.

Distribute educational materials per
education plan.

Distribute educational materials per
education plan.

Distribute educational materials per
education plan.

Promote and maintain
Hotline/Help line
Promote and maintain a stormwater
hotline(s) or helpline(s) for the public to
request information about stormwater,
public involvement & participation, and to
report illicit connections & discharges, etc.

Maintain the 311-call center hotline
Mon. – Fri., 7 am – 7 pm to receive
direct calls and requests from the
public. Maintain the 311 website to
receive requests online anytime
(24/7/365).

Maintain the 311-call center hotline
Mon. – Fri., 7 am – 7 pm to receive
direct calls and requests from the
public. Maintain the 311 website to
receive requests online anytime
(24/7/365).
Maintain the 311-call center hotline
Mon. – Fri., 7 am – 7 pm to receive
direct calls and requests from the
public. Maintain the 311 website to
receive requests online anytime
(24/7/365).
Maintain the 311-call center hotline
Mon. – Fri., 7 am – 7 pm to receive
direct calls and requests from the public.
Maintain the 311 website to receive
requests online anytime (24/7/365).
Maintain the 311-call center hotline
Mon. – Fri., 7 am – 7 pm to receive
direct calls and requests from the
public. Maintain the 311 website to
receive requests online anytime
(24/7/365).
Implement a Public
Education and
Outreach Program.
The permittee’s outreach program,
including those elements implemented
locally or through a cooperative agreement,
shall include a combination of approaches
designed to reach the target audiences. For
each media, event, or activity the permittee
shall estimate and record the extent of
exposure.

Implement the public education &
outreach program.
Implement the public education &
outreach program.
Implement the public education &
outreach program.
Implement the public education &
outreach program.
Implement the public education &
outreach program.
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3.6 Program Assessment

The overall success of the Public Education and Outreach Program is evaluated through the
successful implementation of the components of the program and reported with each NPDES
MS4 annual report. In addition, success is also typically evaluated by the following:

• Number of utility bill inserts distributed;
• Number of public events attended;
• Number of presentations conducted;
• Number of website inquires;
• Number of social media subscribers
• Results from program assessment surveys;
• Results from presentation evaluation forms;
• Results from using mass media channels of communication, including reach and
frequency; and
• Number of public hotline requests.

Section 4: Public Involvement and Participation Program

The City will continue to implement the Public Involvement and Participation Program. The
following sub-sections explain:

• The BMPs intended to meet program requirements;
• Target audience;
• Volunteer opportunities; and
• Measures of success.

4.1 BMP Summary Table

Table 4-1 provides information concerning the BMPs intended to meet the Public Involvement
and Participation Program requirements.

Table 4-1: BMP Summary Table for the Public Involvement and Participation Program.
BMP

BMP Description Schedule (years) Responsible
Position 1 2 3 4 5
Volunteer
community
involvement
program
The permittee shall include and promote volunteer
opportunities designed to promote ongoing citizen
participation.

X X X X X Water Quality
Program
Manager
Establish a
Mechanism
for Public
involvement
The permittee shall provide and promote a
mechanism for public involvement that provides for
input on stormwater issues and the stormwater
program.
X X X X X Stormwater
Division
Manager
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Establish
Hotline/Help line
The permittee shall promote and maintain a
hotline(s) or helpline(s) for the public to request
information about stormwater, public involvement &
participation, and to report illicit connections &
discharges, etc.
X X X X X Water Quality
Program
Manager
Public Review and
Comment
The permittee shall make their most recent
Stormwater Management Plans available for public
review and comment.
X X X X X Water Quality
Program
Manager
Public Notice Pursuant to 40 CFR 122.34 the permittee must, at a
minimum, comply with State, Tribal and local public
notice requirements when implementing a public
involvement / participation program.
X X X X X Water Quality
Program
Manager

4.2 Volunteer Involvement Program

4.2.1 Target Audience

Public involvement is essential for ensuring the success of volunteer programs. The City
recognizes that without public involvement and support, little progress can be made toward
protecting and improving water quality in its streams. The primary target audience for volunteer
participation includes citizens between the ages of 25 and 55 due to their likelihood to become
involved in volunteer activities. There is a special emphasis to improve outreach to the African-
American and Hispanic populations and to increase the diversity of engaged citizens in general.
The program also actively involves all potentially affected stakeholder groups, such as
commercial and industrial facilities, trade associations, environmental groups, homeowner’s
associations, civic groups and educational organizations.

4.2.2 Storm Drain Marking Program

The City provides volunteers the opportunity to help
educate their community about stormwater pollution
through the Storm Drain Marking Program. This
program enables volunteers to adhere vinyl printed
markers to storm drains (Figure 4-1). The City
provides the decals, adhesive, safety vests and
information forms for completion by the groups.
Following the completion of storm drain marking
activities, the group submits a completed information
form that includes the street names and number of
drains that were marked, information concerning the condition of storm drains, and whether any
pollutants or other problems were detected. Staff enters marked storm drain location data into a
GIS database and ensures that problems reported receive follow-up investigations.

4.2.3 Adopt-A-Stream Program

The objective of this program is for volunteers to “adopt” segments of streams and agree to walk
them, picking up trash and reporting any pollution problems found along the way. The program
Figure 4-1: Storm Drain Marker
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not only serves as a public involvement initiative, but it also allows for interaction and
observations of the City’s streams by its citizens, which can lead to the identification and
elimination of pollution sources.

The Adopt-A-Stream Program is designed in a way that empowers volunteers and provides them
with the necessary resources and educational information to assist in improving water quality
conditions in Charlotte-Mecklenburg streams. Individuals, families, organized groups, schools,
businesses, and industry “adopt” their favorite stream sections and are responsible for walking
these sections a minimum of two times per year. Any problems reported from clean-ups are
assigned to staff for follow-up.

Activities involved in providing this program include:

• The promotion of the program;
• Maintenance and distribution of materials needed for clean-ups;
• Coordination of volunteer groups; and
• Maintenance of a database that tracks the location and adoption status of stream segments
among other program data.

4.3 Public Involvement Mechanism

The City of Charlotte and Mecklenburg County established a citizen Storm Water Advisory
Committee (SWAC) during 1994 in conjunction with the development of their stormwater utility
(CMSWS).

SWAC members are nominated and subsequently appointed by the Mecklenburg Board of
County Commissioners, Charlotte City Council, Charlotte Mayor and Town Boards. SWAC
includes residents from the City of Charlotte. SWAC serves as the City’s stormwater
management citizen advisory panel for involving the public in the development and
implementation of the permit program. The SWAC reviews:

• Capital and operational programs;
• Appeals;
• Stormwater program policies;
• Long-range plans; and
• Budgets.

These reviews assist CMSWS in making recommendations and offering comments to the City
Council and the Board of County Commissioners on program matters and annual budgets. The
committee also adjudicates appeals for erosion control violations, pollution control violations,
service charges, and fee credits and adjustments.

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4.4 Public Hotline/Help Line

The City, in cooperation with Mecklenburg County, operates a joint customer service hotline to
receive information about a variety of concerns. Citizens can call 311 to report pollution,
flooding, and blockages to the drainage system as well as request other City/County services.
The 311-call center is staffed to receive calls Monday through Friday from 7 am to 7 pm.
Citizens can also submit requests for service to 311 online anytime (24/7/365). All personnel
from the customer service group receive training on stormwater issues and pollution to ensure
calls are directed to appropriate personnel and handled in a timely manner.

4.5 Public Review and Comment Opportunities

The City involves the public in the development and implementation of its permit through
various methods including public advertisement, website, and interactions with the Charlotte
Mecklenburg Storm Water Advisory Committee (SWAC), as necessary. The SWMP plan is
maintained on the City’s website and available to the public for review and comment at any time.
The City considers comments received in the ongoing implementation of the permit and SWMP.
The general public is also actively involved in the ongoing implementation of the SWMP
through participation in volunteer programs.

4.6 Public Notice

At a minimum, the City solicits public review comments via publicized legal notice for permit
renewal applications and major revisions to the SWMP.

4.7 Measurable Goals

Table 4-2 describes the various Public Involvement and Participation Program
BMPs and the Measurable Goals for each BMP by permit term year.

[THIS SPACE INTENTIONALLY BLANK]
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Table 4-2: BMP Measurable Goals for the Public Involvement and Participation Program.
BMP BMP Description Measurable Goals
FY2020 FY2021 FY2022 FY2023 FY2024
Volunteer community
involvement program
The permittee shall include and promote
volunteer opportunities designed to promote
ongoing citizen participation.

Implement the public involvement
program.
Implement the public involvement
program.
Implement the public involvement
program.
Implement the public involvement
program.
Implement the public involvement
program.
Establish a
Mechanism
for Public
involvement
The permittee shall provide and promote a
mechanism for public involvement that
provides for input on stormwater issues and
the stormwater program.

Maintain the Stormwater Advisory
Committee and conduct meetings
during this fiscal year.
Maintain the Stormwater Advisory
Committee and conduct meetings
during this fiscal year.
Maintain the Stormwater Advisory
Committee and conduct meetings
during this fiscal year.
Maintain the Stormwater Advisory
Committee and conduct meetings during
this fiscal year.
Maintain the Stormwater Advisory
Committee and conduct meetings
during this fiscal year.
Establish
Hotline/Help line
The permittee shall promote and maintain a
hotline(s) or helpline(s) for the public to
request information about stormwater,
public involvement & participation, and to
report illicit connections & discharges, etc.

Maintain the 311-call center hotline
Mon. – Fri., 7 am – 7 pm to receive
direct calls and requests from the
public. Maintain the 311-web site to
receive requests on-line anytime
(24/7/365).

Maintain the 311-call center hotline
Mon. – Fri., 7 am – 7 pm to receive
direct calls and requests from the
public. Maintain the 311-web site to
receive requests on-line anytime
(24/7/365).
Maintain the 311-call center hotline
Mon. – Fri., 7 am – 7 pm to receive
direct calls and requests from the
public. Maintain the 311-web site to
receive requests on-line anytime
(24/7/365).
Maintain the 311-call center hotline
Mon. – Fri., 7 am – 7 pm to receive
direct calls and requests from the public.
Maintain the 311-web site to receive
requests on-line anytime (24/7/365).
Maintain the 311-call center hotline
Mon. – Fri., 7 am – 7 pm to receive
direct calls and requests from the
public. Maintain the 311-web site to
receive requests on-line anytime
(24/7/365).
Public Review and
Comment
The permittee shall make their most recent
Stormwater Management Plans available
for public review and comment.

Maintain an informational website
which includes the SWMP available for
on-going review and comment.
Maintain an informational website
which includes the SWMP available for
on-going review and comment.
Maintain an informational website
which includes the SWMP available for
on-going review and comment.
Maintain an informational website
which includes the SWMP available for
on-going review and comment.
Maintain an informational website
which includes the SWMP available
for on-going review and comment.
Public Notice Pursuant to 40 CFR 122.34 the permittee
must, at a minimum, comply with State,
Tribal and local public notice requirements
when implementing a public involvement /
participation program.

Place one legal public notice in local
newspaper advertising public review
and comment opportunities for
development of initial SWMP (for new
permit cycle) during FY2019.
Place legal public notice in local
newspaper advertising public review
and comment opportunities for
development of SWMP updates (only if
major revisions are proposed).
Place legal public notice in local
newspaper advertising public review
and comment opportunities for
development of SWMP updates (only if
major revisions are proposed).
Place one legal public notice in local
newspaper advertising public review and
comment opportunities for development
of NPDES MS4 permit renewal
application and SWMP report.
Place legal public notice in local
newspaper advertising public review
and comment opportunities for
development of SWMP updates (only
if major revisions are proposed).

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4.8 Program Assessment

The overall success of the Public Involvement and Participation Program is evaluated through
the successful implementation of the components of the program and reported with each NPDES
MS4 annual report. In addition, success is also evaluated by the following:

• Number of storm drain marking program volunteers;
• Number of storm drains marked;
• Number of SWAC meetings conducted;
• Number of Adopt-A-Stream volunteers;
• Number of Adopt-A-Stream clean-ups conducted; and
• Number of stream miles cleaned.

Section 5: Illicit Discharge Detection and Elimination (IDDE) Program

The City will continue to implement a multi-faceted Illicit Discharge Detection and Elimination
Program, with a primary component being the use of surface water quality monitoring data.
Some integral components of the IDDE program include:

• Maintenance of the surface water quality monitoring program that assesses existing water
quality conditions and identifies trends;
• Use of “Action” levels established for specific surface water quality parameters to
automatically trigger follow-up field screening activities;
• Use of short-term monitoring activities to identify specific pollution sources as a
component of the follow-up field-screening program;
• Response to service requests concerning potential surface water quality problems;
• Administration and enforcement of the City’s Stormwater Pollution Control Ordinance;
• Use of public participation efforts such as the Storm Drain Marking and Adopt-A-Stream
programs;
• Identification and mapping of stormwater outfalls that discharge to waters of the State;
• Use of stream walking and dry weather flow screening;
• Training of employees about illicit discharges and how to prevent and report them;
• Operation of a public reporting mechanism; and
• Coordination with other local government agencies to identify and eliminate failed septic
systems and sanitary sewer overflows.

The following sub-sections explain:

• The BMPs intended to meet program requirements;
• Integral components of the IDDE program;
• Education strategy; and
• Measures of success.
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5.1 BMP Summary Table

Table 5-1 provides information concerning the BMPs intended to meet the IDDE Program
requirements.

Table 5-1: BMP Summary Table for the Illicit Discharge Detection and Elimination Program.
BMP BMP Description Schedule (years) Responsible
Position 1 2 3 4 5
Maintain
appropriate legal
authorities
Maintain adequate ordinances or other legal
authorities to prohibit illicit connections and
discharges and enforce the approved IDDE Program.
X X X X X Water Quality
Program
Manager
Maintain a Storm
Sewer System Base
Map
The permittee shall maintain a current map showing
major outfalls and receiving streams.

X X X X X Stormwater
Inventory
Manager
Inspection /
detection program
to detect dry
weather flows at
MS4 outfalls
Maintain written procedures and/or Standard
Operating Procedures (SOPs) for detecting and
tracing the sources of illicit discharges and for
removing the sources or reporting the sources to the
State to be properly permitted. Written procedures
and/or SOPs shall specify a timeframe for monitoring
and how many outfalls and the areas that are to be
targeted for inspections.
X X X X X Water Quality
Program
Manager
Employee Training Conduct training for appropriate municipal staff on
detecting and reporting illicit connections and
discharges.
X X X X X Water Quality
Program
Manager
Maintain a public
reporting
mechanism
Maintain and publicize reporting mechanism for the
public to report illicit connections and discharges.
X X X X X Water Quality
Program
Manager
Documentation The permittee shall document the date of
investigations, any enforcement action(s) or
remediation that occurred.
X X X X X Water Quality
Program
Manager

5.2 Ordinance Administration and Enforcement

The City adopted its original Stormwater Pollution Control Ordinance on January 30, 1995 and
subsequently updated and amended the ordinance on June 9, 2008, as detailed in Appendix B.
This ordinance is enforced as part of the NPDES MS4 permit and SWMP. Detailed
administration and enforcement procedures are maintained for the ordinance, including
guidelines on when a notice of violation (NOV) is issued and the proper sections of the
ordinance to be cited. These procedures also include the template files to be completed for the
issuance of written NOVs and other enforcement measures as well as the required supervisor
approval process. Procedures also describe the proper documentation to be maintained for
penalty enforcement purposes and provide a digital template file for development of an
enforcement package. Appeals to NOVs and penalty enforcements issued under the ordinance
are heard by the SWAC.

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5.3 Stormwater System Inventory

The City maintains and updates the inventory of its MS4 using GIS which includes data for
major outfalls. Field staff collects stormwater infrastructure data using smart phone applications
and Global Positioning System units, which is entered into the GIS database. New stormwater
infrastructure is also entered into the database as digital information is supplied for new
development projects. Inventory data is stored and maintained digitally. Hard copy maps
showing major outfalls and receiving streams can be produced as needed.

5.4 Illicit Discharge Detection and Elimination Program

An effective illicit discharge detection and elimination program is essential to the success of the
SWMP. Such a program has been in place in the City of Charlotte since the beginning of the
NPDES MS4 permit program and is reviewed and updated as necessary. To establish a solid
approach for identifying and eliminating illicit discharges, the City relies on techniques proven to
be successful through prior implementation of the IDDE program. These techniques are
summarized below and are described in detail along with other program information in an IDDE
Procedures Manual.

Outfall Inspections/Inventory – Monitoring of dry weather flows is conducted during field
inventory data collection efforts and stream walks. If dry weather flows are observed, sensory
cues are used and samples are collected to determine if the flow is a pollution source and
immediate follow-up field screening activities are initiated to identify and eliminate pollution
sources. Additionally, a “hotspot” outfall inspection and dry weather flow monitoring program
is implemented. Hotspots are areas with a higher potential for illicit discharge activities based on
various criteria such as: monitoring data; previously identified illicit discharges; age of sewer
infrastructure; and commercial land use density.

Water Quality Monitoring – Water quality monitoring is conducted to identify illicit connections
and discharges, determine general water quality conditions and target water quality problem
areas for additional follow-up actions. IDDE monitoring includes ambient and fixed interval
stream monitoring activities aimed at improving capabilities for identifying and eliminating
pollution problems and tracking long and short-term water quality trends. The City uses
established water quality “Action” levels as part of the monitoring program. These “Action”
levels include State water quality standards and, for those parameters with no standard, historical
data is used to identify problem pollutant levels. The data is reviewed to identify priority areas
for follow-up field screening, with an overall goal of identifying and eliminating pollution
sources.

Illicit Discharge Elimination Program (IDEP) – This specialized program is implemented to
quickly assess field conditions and identify illicit discharges in priority stream basins, otherwise
known as hotspots. Priority basins are selected based on numerous factors, and personnel inspect
outfalls, business corridors and multi-family private sewer systems within those basins.
Personnel drive to selected locations during base flow conditions and use visual observation,
sensory cues, and quick field tests to determine if abnormal conditions exist. This method allows
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for numerous quick assessments that can be conducted more frequently throughout the year.
When compared to previous methods of conducting sampling at numerous locations within a
basin, the program has shown to be just as effective at identifying illicit discharges and more
effective in terms of time and cost.

Industrial Facilities – Industrial facilities are a potential source of illicit connections/discharges
and stormwater pollution to surface waters. An inspection and monitoring program for industrial
facilities is implemented identify and eliminate pollution sources. The primary focus is on
facilities with NPDES Stormwater permits; however, some inspections are conducted at non-
permitted facilities in instances when they have as much pollution generating activity as
permitted facilities. Stormwater monitoring at select facilities is conducted to provide better
information about site conditions and help guide follow-up activities and selection of best
management practices.

General Public, Municipal Employee, and Business Community Outreach/Involvement –The
City focuses its public and employee outreach campaign, in part, on informing these groups of
what to look for and how to report illicit discharges so they can report suspected pollution
problems. All reported pollution problems are recorded as a “service request” and immediately
assigned to staff for follow-up to identify and eliminate pollution sources. Specific commercial
businesses are also targeted for education and outreach, with special emphasis on pollution
prevention and the implementation of best management practices.

Sanitary Sewer Overflows and Septic Systems – The City implements a program to reduce
sanitary sewer overflows including preventative maintenance, inspections, rehabilitation,
cleaning, education/training, sewer ordinance enforcement, mapping, monitoring, data analysis,
and rapid response/cleanup. A “Sewage Spills Matrix” detailing procedures and responsibilities
for responding to sewage found in surface waters is followed by appropriate field personnel.

The City MS4 program works with the Charlotte Water Department (CW) on a consistent basis
to identify and eliminate chronic problems within the sanitary sewer collection system that
contribute to sanitary sewer overflows (SSOs). CW has developed and implemented high-level
efforts aimed at reducing overflows and discharges from sanitary sewer system. The City MS4
program complements CW’s efforts and works with their staff to target chronic problem areas
and sources.

The City of Charlotte also works with Mecklenburg County Groundwater and Wastewater
Services to reduce discharges from septic systems. The County conducts permitting, inspections,
education and enforcement activities while the City works with them to address impacts from
septic failures to surface waters.

5.5 Employee Training

Training about illicit discharges is provided to a variety of City employees and typically
includes:

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• How to recognize common illicit discharges;
• Their impact on surface water quality;
• Why protecting surface water is important for the community;
• Pollution prevention practices;
• How to report illicit discharges; and
• How these reports are investigated and enforced.

City staff audiences targeted for this type of training include facility, field, communication, and
office staff. Methods used to reach these audiences include:

• In-person and online presentations;
• E-newsletters;
• Websites;
• Employee contests;
• Tabletop displays and giveaways at employee functions; and
• Graphic media on light boxes, bulletin boards or walls in common areas.

An employee training plan has been developed which details goals, target audiences, outreach
methods and evaluation.

5.6 Public Reporting Hotline

The City, in cooperation with Mecklenburg County, operates a joint customer service hotline to
receive information about a variety of concerns. Citizens can call 311 to report pollution,
flooding, and blockages to the drainage system as well as request other City/County services.
The 311-call center is staffed to receive calls Monday through Friday from 7 am to 7 pm.
Citizens can also submit requests for service to 311 online anytime (24/7/365). All personnel
from the customer service group receive training on stormwater issues and pollution to ensure
calls are directed to appropriate personnel and handled in a timely manner.

5.6.1 Public Education and Outreach

The City maintains a public education and outreach program to inform businesses and the
general public about illicit discharges and improper waste disposal and how they impact the
environment. This education and outreach program includes instructions regarding the proper
method for reporting illicit discharges. Public education and outreach items for the IDDE
Program are included as a component of the Public Education and Outreach Program described
in Section 3 above.

5.7 Documentation

The City maintains electronic and hard copy files as necessary to document activities
conducted under the Illicit Discharge Detection and Elimination Program, including service
requests, investigations and enforcement actions.
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5.8 Measurable Goals

Table 5-2 describes the various Illicit Discharge Detection and Elimination program
BMPs and the Measurable Goals for each BMP by permit term year.

[THIS SPACE INTENTIONALLY BLANK]
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Table 5-2: BMP Measurable Goals for the Illicit Discharge Detection and Elimination Program.
BMP BMP Description Measurable Goals
FY2020 FY2021 FY2022 FY2023 FY2024
Maintain
appropriate legal
authorities
Maintain adequate ordinances or other legal
authorities to prohibit illicit connections and
discharges and enforce the approved IDDE
Program.

Administer and enforce the Pollution
Control Ordinance and IDDE Program
by conducting investigations and
issuing Notices of Violation and
Penalty Enforcement Actions as
necessary.

Administer and enforce the Pollution
Control Ordinance and IDDE Program
by conducting investigations and
issuing Notices of Violation and
Penalty Enforcement Actions as
necessary.
Administer and enforce the Pollution
Control Ordinance and IDDE Program
by conducting investigations and
issuing Notices of Violation and
Penalty Enforcement Actions as
necessary.
Administer and enforce the Pollution
Control Ordinance and IDDE Program
by conducting investigations and issuing
Notices of Violation and Penalty
Enforcement Actions as necessary.
Administer and enforce the Pollution
Control Ordinance and IDDE Program
by conducting investigations and
issuing Notices of Violation and
Penalty Enforcement Actions as
necessary.
Maintain a Storm
Sewer System Base
Map
The permittee shall maintain a current map
showing major outfalls and receiving
streams.

Maintain storm sewer map in GIS and
update annually as new inventory is
added.
Maintain storm sewer map in GIS and
update annually as new inventory is
added.
Maintain storm sewer map in GIS and
update annually as new inventory is
added.
Maintain storm sewer map in GIS and
update annually as new inventory is
added.
Maintain storm sewer map in GIS and
update annually as new inventory is
added.
Inspection /
detection program
to detect dry
weather flows at
MS4 outfalls
Maintain written procedures and/or Standard
Operating Procedures (SOPs) for detecting
and tracing the sources of illicit discharges
and for removing the sources or reporting
the sources to the State to be properly
permitted. Written procedures and/or SOPs
shall specify a timeframe for monitoring and
how many outfalls and the areas that are to
be targeted for inspections.

Maintain and update SOPs for
detecting and eliminating illicit
discharges and performing outfall
inspections, as needed. Implement the
IDDE program.
Maintain and update SOPs for
detecting and eliminating illicit
discharges and performing outfall
inspections, as needed. Implement the
IDDE program.
Maintain and update SOPs for
detecting and eliminating illicit
discharges and performing outfall
inspections, as needed. Implement the
IDDE program.
Maintain and update SOPs for detecting
and eliminating illicit discharges and
performing outfall inspections, as
needed. Implement the IDDE program.
Maintain and update SOPs for
detecting and eliminating illicit
discharges and performing outfall
inspections, as needed. Implement the
IDDE program.
Employee Training Conduct training for appropriate municipal
staff on detecting and reporting illicit
connections and discharges.

Maintain the Employee Training
program and update as needed .
Maintain the Employee Training
program and update as needed.
Maintain the Employee Training
program and update as needed.
Maintain the Employee Training
program and update as needed.
Maintain the Employee Training
program and update as needed.
Maintain a public
reporting mechanism
Maintain and publicize reporting
mechanism for the public to report illicit
connections and discharges.

Maintain the public reporting hotline
and publicize through the media
outreach campaign.
Maintain the public reporting hotline
and publicize through the media
outreach campaign.
Maintain the public reporting hotline
and publicize through the media
outreach campaign.
Maintain the public reporting hotline and
publicize through the media outreach
campaign.
Maintain the public reporting hotline
and publicize through the media
outreach campaign.
Documentation The permittee shall document the date of
investigations, any enforcement action(s) or
remediation that occurred.

Maintain IDDE program records and
databases to accurately document the
activities in the program.
Maintain IDDE program records and
databases to accurately document the
activities in the program.
Maintain IDDE program records and
databases to accurately document the
activities in the program.
Maintain IDDE program records and
databases to accurately document the
activities in the program.
Maintain IDDE program records and
databases to accurately document the
activities in the program.

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5.9 Program Assessment

The overall success of the Illicit Discharge Detection and Elimination Program is evaluated
through the successful implementation of the components of the program and reported with each
NPDES MS4 annual report. In addition, success is also typically evaluated by the following:

• Number of stream miles assessed;
• Number of inspections conducted;
• Number of dry weather flows evaluated;
• Number of service requests addressed and resolved;
• Number of illicit discharges and connections detected and eliminated; and
• Number of employees and businesses educated.

Section 6: Construction Site Stormwater Runoff Control Program

The City will continue implementation of its delegated local Erosion and Sedimentation Control
Program under authority granted by the North Carolina Sedimentation Commission as described
in North Carolina General Statute 113A-60 - Local Erosion Control Programs. Land disturbing
activities performed in the City, including its ETJ, are regulated by this local program. The
following sub-sections explain:

• The BMPs intended to meet program requirements;
• Integral components of the program;
• Education strategy; and
• Measures of success.

6.1 BMP Summary Table

Table 6-1 provides information concerning the BMPs intended to meet the requirements of the
Construction Site Stormwater Runoff Control Program. Funding for the BMPs in this section is
covered by local land development fees.

Table 6-1: BMP Summary Table for the Construction Site Stormwater Runoff Control Program.
BMP BMP Description Schedule (years) Responsible
Position 1 2 3 4 5
Erosion and
Sediment Control
Program
The permittee has a delegated Sediment and
Erosion Control Program. As such, to the extent
authorized by law, the permittee is responsible for
compliance with the Sediment Pollution Control
Act of 1973 and Chapter 4 of Title 15A of the
North Carolina Administrative Code. The
delegated or authorized Sediment and Erosion
Control Program effectively meets the maximum
extent practicable (MEP) standard for
Construction Site Runoff Controls by permitting
X X X X X Land
Development
Division
Manager
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and controlling development activities disturbing
one or more acres of land surface and those
activities less than one acre that are part of a larger
common plan of development as authorized under
the Sediment Pollution Control Act of 1973 and
Chapter 4 of Title 15A of the North Carolina
Administrative Code.
Develop
requirements for
construction site
operators
The NCG010000 permit establishes requirements
for construction site operators to control waste
such as discarded building materials, concrete
truck washout, chemicals, litter, and sanitary waste
at the construction site that may cause adverse
impacts to water quality.
X X X X X Land
Development
Division
Manager
Public information
and reporting
The permittee shall provide and promote a means
for the public to notify the appropriate authorities
of observed erosion and sedimentation problems.
The permittee may implement a plan promoting
the existence of the NCDEQ “Stop Mud” hotline
(1-866-STOPMUD) to meet the requirements of
this paragraph.
X X X X X Land
Development
Division
Manager
Plan reviews Implement construction site plan reviews as part of
the Permittee’s delegated program. For new
development and applicable redevelopment
projects to be built within the permittee’s planning
jurisdiction by entities with eminent domain
authority, the permittee shall, to the maximum
extent practicable, coordinate the approval of the
construction site runoff control with NCDEQ-
DEMLR.
X X X X X Land
Development
Division
Manager

6.2 Erosion and Sediment Control Program

The City will continue implementation of the soil erosion and sediment control program, which
is currently a delegated Sediment and Erosion Control Program under authority granted by the
North Carolina Sedimentation Commission. As such, to the extent authorized by law, the City is
responsible for compliance with the Sediment Pollution Control Act of 1973 and Chapter 4 of
Title 15A of the North Carolina Administrative Code. The program serves to provide added
protection to surface water resources in the City by ensuring that builders and developers follow
minimum standards for erosion and sediment control per State and Local guidelines.

The Charlotte Soil Erosion and Sedimentation Control ordinance amended and adopted by City
Council in 2008, serves as the backbone of the program (see Appendix C). Ordinance
highlights include the following requirements:

• An approved soil erosion and sediment control plan for all qualifying land disturbances
of one acre or greater;
• An on-site pre-construction conference prior to the installation of any measures or
commencement of land disturbing activities;
• Issuance of a grading permit prior to the commencement of land disturbing activities;
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• Weekly inspections at a minimum by the permit holder of erosion control measures
depending on sensitivity of receiving waters;
• Inspections by the permit holder of measures after any rainfall event totaling one-half
inch or greater;
• Documentation and maintenance of inspection records performed by the permit holder;
• Maintenance and optimal performance of all measures for the life of the project
performed by the permit holder;
• Requirements for controls to minimize erosion and prevent offsite sedimentation; and
• Enhanced local erosion control requirements which were deemed essential for protecting
sensitive environmental features and were developed based on years of field experience
and observations.

The ordinance also provides City staff with the following:

• Authority to issue NOVs for practices and/or impacts contravening ordinance
requirements; and
• Authority to issue civil penalties for violations of the Soil Erosion & Sedimentation
Control Ordinance.

6.2.1 Inspection and Enforcement Procedures

All construction sites requiring a pre-construction meeting and approved plan are logged, filed
and placed in the queue for regular inspections. Staff goals are to visit and inspect every logged
site utilizing a scheduled inspection process. Sites that generate service requests/complaints,
have had a history of non-compliance, or are in close proximity to a critical area (e.g. sites
adjacent to water features or within a water-supply watershed) are considered a priority for
additional inspections and follow-up.

6.3 Construction Site Requirements

The program requires that all land disturbing activities comply with ordinance requirements for
controlling erosion and sediment on site. As an additional requirement, and in compliance with
NPDES regulations, all construction sites one acre or greater must have an approved soil erosion
and sediment control plan designed specifically for the site as required by NPDES General
Permit NCG010000 for Construction Related Activities. After plan approval, responsible parties
are required to follow the approved plan for all phases of construction, as well as maintain
measures in a state that ensures optimal performance throughout the duration of construction
activities and until final site stabilization is achieved. Regular self-inspections are a requirement
for optimal performance and all sites must employ a competent person to conduct those
inspections and maintain logbooks and documentation for ready-review by local or state
representatives.

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6.4 Public Information and Reporting

The City’s Erosion Control Program maintains a website to assist with the dissemination of
information to the development community and the general public. In addition, the City, in
cooperation with Mecklenburg County, operates a joint customer service hotline to receive
information about a variety of concerns. Citizens can call 311 to report erosion control issues as
well as request other City/County services. The 311-call center is staffed to receive calls
Monday through Friday from 7 am to 7 pm. Citizens can also submit requests for service to 311
online anytime (24/7/365). The hotline serves as a clearinghouse for general information and
ensures that erosion control related issues are directed to appropriate staff for resolution.
Information sharing and inter-department training between City and County agencies also
ensures that problems, questions, or requests for information from the general public can be
processed and resolved quickly. The City’s erosion control webpage can be viewed at:
https://charlottenc.gov/ld/Pages/ErosionControl.aspx

6.4.1 Education and Training Materials

The City maintains an education and training program for developers, contractors and other
interested parties within the region. Although program policies and procedures dictate that self-
inspectors maintain a level of competence necessary to ensure compliance, the City takes a
proactive role in providing local training and handout materials for affected parties.

In a cooperative effort with Mecklenburg County, the City of Charlotte currently maintains the
Charlotte-Mecklenburg Certified Site Inspector (CMCSI) training program, which has to date
provided training to over 5,800 individuals since its inception in 2003. First-time CMCSI
certification requires a full day training course that provides attendees with an understanding of
the importance of water resources to our community, the local and state requirements for
controlling construction site runoff, principles of erosion control, common site problems,
recommendations for conducting effective inspections, and a certification exam. The CMCSI
program is typically offered three times per year. When requested, the program is conducted for
private parties who meet certain requirements with regards to number of attendees and provision
of materials and meeting space. Certification is valid for two years. Re-certification can be
obtained by completing four online training modules, or attending one of the full day training
courses.

In addition to the CMCSI education program, all developers, builders and responsible parties
receive handouts and materials at the pre-construction meeting and at other times as necessary to
explain ordinance requirements, minimum standards and other relevant information for the
financially responsible party and/or site operators.

6.5 Plan Reviews

Any land disturbing activity consisting of one acre or greater is required to obtain approval of a
soil erosion and sediment control plan prior to scheduling a pre-construction conference. When
plans are submitted by design engineers, erosion control staff conduct the review and approval of
City of Charlotte - Stormwater Management Program Plan – FY 2020

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the erosion control portion of the plans. Plans are reviewed for suitability of selected measures
and to ensure that design parameters and calculations are appropriately employed and minimum
standards are achieved. All local erosion control staff members are required to obtain and
maintain status as a Certified Professional in Erosion and Sediment Control, which provides
accreditation for plan design and review.

6.6 Measurable Goals

Table 6-2 describes the various Construction Site Stormwater Runoff Control BMPs and the
Measurable Goals for each BMP by permit term year.

[THIS SPACE INTENTIONALLY BLANK]

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Table 6-2: BMP Measurable Goals for the Construction Site Stormwater Runoff Control Program.
BMP BMP Description Measurable Goals
FY2020 FY2021 FY2022 FY2023 FY2024
Erosion and Sediment
Control Program
The delegated or authorized Sediment and
Erosion Control Program effectively meets
the maximum extent practicable (MEP)
standard for Construction Site Runoff
Controls by permitting and controlling
development activities disturbing one or
more acres of land surface and those
activities less than one acre that are part of a
larger common plan of development as
authorized under the Sediment Pollution
Control Act of 1973 and Chapter 4 of Title
15A of the North Carolina Administrative
Code.

Administer and enforce the delegated
Sediment and Erosion Control Program
by conducting inspections and issuing
Notices of Violation and Penalty
Enforcement Actions as necessary.
Administer and enforce the delegated
Sediment and Erosion Control Program
by conducting inspections and issuing
Notices of Violation and Penalty
Enforcement Actions as necessary.
Administer and enforce the delegated
Sediment and Erosion Control Program
by conducting inspections and issuing
Notices of Violation and Penalty
Enforcement Actions as necessary.
Administer and enforce the delegated
Sediment and Erosion Control Program
by conducting inspections and issuing
Notices of Violation and Penalty
Enforcement Actions as necessary.
Administer and enforce the delegated
Sediment and Erosion Control
Program by conducting inspections
and issuing Notices of Violation and
Penalty Enforcement Actions as
necessary.
Develop requirements
for construction site
operators
The NCG010000 permit establishes
requirements for construction site operators
to control waste such as discarded building
materials, concrete truck washout,
chemicals, litter, and sanitary waste at the
construction site that may cause adverse
impacts to water quality.

Continue requirements for BMPs and
waste control through issuance of
General Construction Permit
NCG010000. Coordinate efforts with
NCDEQ-DEMLR, as needed.
Continue requirements for BMPs and
waste control through issuance of
General Construction Permit
NCG010000. Coordinate efforts with
NCDEQ-DEMLR, as needed.
Continue requirements for BMPs and
waste control through issuance of
General Construction Permit
NCG010000. Coordinate efforts with
NCDEQ-DEMLR, as needed.
Continue requirements for BMPs and
waste control through issuance of
General Construction Permit
NCG010000. Coordinate efforts with
NCDEQ-DEMLR, as needed.
Continue requirements for BMPs and
waste control through issuance of
General Construction Permit
NCG010000. Coordinate efforts with
NCDEQ-DEMLR, as needed.
Public information and
reporting
The permittee shall provide and promote a
means for the public to notify the
appropriate authorities of observed erosion
and sedimentation problems. The permittee
may implement a plan promoting the
existence of the NCDEQ “Stop Mud”
hotline (1-866-STOPMUD) to meet the
requirements of this paragraph.

Maintain the local public reporting
hotline.
Maintain the local public reporting
hotline.
Maintain the local public reporting
hotline.
Maintain the local public reporting
hotline.
Maintain the local public reporting
hotline.
Plan reviews Implement construction site plan reviews as
part of the Permittee’s delegated program.
For new development and applicable
redevelopment projects to be built within
the permittee’s planning jurisdiction by
entities with eminent domain authority, the
permittee shall, to the maximum extent
practicable, coordinate the approval of the
construction site runoff control with
NCDEQ-DEMLR.

Conduct plan reviews to ensure
program requirements are met.
Coordinate with NCDEQ-DEMLR as
necessary.
Conduct plan reviews to ensure
program requirements are met.
Coordinate with NCDEQ-DEMLR as
necessary.
Conduct plan reviews to ensure
program requirements are met.
Coordinate with NCDEQ-DEMLR as
necessary.
Conduct plan reviews to ensure program
requirements are met. Coordinate with
NCDEQ-DEMLR as necessary.
Conduct plan reviews to ensure
program requirements are met.
Coordinate with NCDEQ-DEMLR as
necessary.

City of Charlotte - Stormwater Management Program Plan – FY 2020

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6.7 Program Assessment

The overall success of the Construction Site Stormwater Runoff Control Program is evaluated
through the successful implementation of the components of the program and reported with each
NPDES MS4 annual report. In addition, success is also typically evaluated by the following:

• Number of education workshops conducted;
• Number of plans reviewed;
• Number of service requests addressed and resolved; and
• Number of inspections conducted.

Section 7: Post-Construction Stormwater Management Program

The City will continue to implement the Post-Construction Stormwater Management Program in
accordance with the NPDES and Stormwater Management requirements contained in North
Carolina General Assembly (NCGA) Session Law 2006-246, as promulgated in North Carolina
Administrative Code at 15A 02H Sections .0126, .0150 - .0154 (NPDES) and at 15A 02H
Section .1000 (Stormwater Management). The goal of this program is to address water quality
impacts from post-construction stormwater discharges using both structural and non-structural
best management practices (BMPs). The program includes the enforcement and management of
the Post Construction Stormwater Ordinance to address stormwater runoff from new
development and applicable redevelopment projects that disturb one acre or more, including
projects less than one acre that are part of a larger common plan of development or sale. The
following sub-sections explain:

• The BMPs intended to meet program requirements;
• Integral components of the program;
• Education strategy; and
• Measures of success.

7.1 BMP Summary Table

Table 7-1 provides information concerning the BMPs intended to meet the requirements of the
Post-Construction Stormwater Management Program. Funding for the BMPs in this section is
covered by local stormwater utility fees and land development fees.

Table 7-1: BMP Summary Table for the Post-Construction Stormwater Management Program.
BMP BMP Description Schedule (years) Responsible
Position 1 2 3 4 5
Post-Construction
Stormwater
Management
Program
Maintain an ordinance (or similar regulatory
mechanism) that authorizes a program to address
stormwater runoff from new development and
applicable redevelopment to the extent allowable
under State law.
X X X X X Water Quality
Program
Manager
City of Charlotte - Stormwater Management Program Plan – FY 2020

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Strategies which
include SCMs
appropriate for the
MS4
Maintain strategies that include a combination of
structural and/or non-structural SCMs implemented
in concurrence with (a) above. Provide a
mechanism to require long-term operation and
maintenance of structural SCMs. Require annual
inspection reports of permitted structural SCMs
performed by a qualified professional.

A qualified professional means an individual
trained and/or certified in the design, operation,
inspection and maintenance aspects of the SCMs
being inspected, for example, someone trained and
certified by NC State for BMP Inspection &
Maintenance.

Within 12 months of the effective date of this
permit, the permittee shall evaluate, and revise as
needed, SCM requirements, to be at least as
stringent as the minimum requirements in 15A
NCAC 02H .1000.
X X X X X Water Quality
Program
Manager
Deed Restrictions
and Protective
Covenants
The permittee shall provide mechanisms such as
recorded deed restrictions, plats, and/or protective
covenants so that development activities maintain
the project consistent with approved plans.
X X X X X Water Quality
Program
Manager
Operation and
Maintenance Plan
The developer shall provide the permittee with an
operation and maintenance plan for the stormwater
system, indicating the operation and maintenance
actions that shall be taken, specific quantitative
criteria used for determining when those actions
shall be taken, and who is responsible for those
actions. The plan must clearly indicate the steps that
shall be taken and who shall be responsible for
restoring a stormwater system to design
specifications if a failure occurs and must include a
legally enforceable acknowledgment by the
responsible party. Development must be maintained
consistent with the requirements in the approved
plans and any modifications to those plans must be
approved by the Permittee.
X X X X X Water Quality
Program
Manager
Educational
materials and
training for
developers
Provide educational materials and training for
developers. New materials may be developed by
the permittee, or the permittee may use materials
adopted from other programs and adapted to the
permittee’s new development and applicable
redevelopment program.
X X X X X Water Quality
Program
Manager

7.2 Post-Construction Stormwater Management Program

The City’s post-construction program is designed to meet the stormwater management and water
quality protection requirements of North Carolina Administrative Code at 15A 02H Sections
.0126, .0150 - .0154 (NPDES) and at 15A 02H Section .1000 (Stormwater Management) to
address post-construction stormwater runoff from new development and applicable
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redevelopment projects as required by the NPDES MS4 permit program and as allowable under
current State law. The City has developed a Post-Construction Stormwater Ordinance (PCSO)
(Appendix D) which covers the entire jurisdictional area (incorporated and ETJ areas) of the
City. An administrative manual has been developed to ensure successful implementation of the
program and ordinance.

7.3 Post-Construction BMP Strategies

BMP strategies for the City’s Post-Construction Stormwater Management program consist
mainly of structural stormwater control measures (SCMs) such as sand filters, wet ponds,
wetlands, and bioretention areas. SCMs and design procedures are detailed in a local manual
developed by the City and County. SCMs are required on projects that have 24% or greater built
upon area as defined by the program. This threshold is reduced to 10-12% built upon area for
developments disturbing more than an acre and/or adding more than 20,000 sf of built upon area
in sensitive watersheds as defined by the ordinance. In addition, SCMs must be designed to:

• Remove 85% of Total Suspended Solids (TSS) for the runoff volume generated from the
first 1-inch of rainfall;
• Control the runoff volume from the 1-year – 24-hour storm event; and
• Control the peak flow from the 10 and 25-year storm events for residential and
commercial development.

The program also requires proper operation, maintenance, and inspection of SCMs as discussed
in later sub-sections. Green infrastructure practices such as rain gardens, pervious pavements,
vegetated conveyances, and rain water harvesting are allowed, depending on development needs.
Undisturbed natural areas and natural resource protection as well as tree preservation
requirements are part of the program. Additional requirements include:

• 70% Total Phosphorus removal in certain watersheds;
• Various buffer requirements and widths from 30 – 200 feet based on stream jurisdictional
determination; and
• Design standards depending on watershed location and sensitivity.

All of these requirements combine to make a much more sound and protective ordinance and
program (see Appendix D for more detail).

7.4 Deed Restrictions and Protective Covenants

As part of the PCSO program, the City requires deed restrictions and protective covenants to
ensure that development projects remain consistent with approved plans. Streams and buffer
boundaries are required to be specified on all surveys and record plats. An operation and
maintenance agreement for SCMs is required to be referenced on record plats and recorded in
deeds. In addition, a maintenance easement is required to be recorded to provide access to
structural SCMs.

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7.4.1 Setbacks for Built-Upon Areas

The PCSO program requires a minimum of 30-foot buffers on all perennial and intermittent
streams draining less than 50 acres, and incrementally increase required buffer widths up to 100-
feet for streams draining 640 acres or more. A special provision in the program requires 200-
foot buffers on all perennial streams and 100-foot buffers on all intermittent streams in the
Sixmile Creek watershed due to the potential presence of the federally endangered species,
Carolina Heelsplitter (Lasmigona decorata).

7.5 Operation and Maintenance Plan

The PCSO program requires an operation and maintenance agreement executed by the
responsible party (owner) of each stormwater control measure (SCM). As part of the program,
the owner is required to:

• Conduct annual inspections of SCMs;
• Maintain proper records documenting operation and maintenance activities; and
• Submit inspection reports to the City.

In the case of single family residential projects, at the request of the homeowner’s association the
City may assume the responsibility for operating, maintaining, and inspecting required SCMs
after an initial two-year period for SCMs that are constructed and functioning properly.

7.6 Education and Training Program

The City implements an education and training program designed to provide developers and
designers with the information necessary to comply with the City’s Post-Construction
Stormwater Ordinance. Training includes information on:

• Overall ordinance requirements;
• Review processes;
• Land development and SCM design requirements;
• Deed restrictions and protective covenants;
• Buffer requirements; and
• Operation, maintenance, and inspection requirements for SCMs.

Education and training is accomplished by providing the following:

• Website information;
• Individual meetings with developers and designers;
• Presentations at public meetings;
• Periodic seminars and training sessions; and
• Training City design staff.

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7.7 Measurable Goals

Table 7-2 describes the various Post-Construction Stormwater Management Program BMPs and
the Measurable Goals for each BMP by permit term year.

[THIS SPACE INTENTIONALLY BLANK]

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Table 7-2: BMP Measurable Goals for the Post-Construction Stormwater Management Program.
BMP BMP Description Measurable Goals
FY2020 FY2021 FY2022 FY2023 FY2024
Post-Construction
Stormwater
Management
Program
Maintain an ordinance (or similar regulatory
mechanism) that authorizes a program to
address stormwater runoff from new
development and applicable redevelopment
to the extent allowable under State law.

Maintain the City’s Post- Construction
Ordinance (PCSO) and implement and
enforce the ordinance. Revise
ordinance as necessary.
Maintain the City’s Post- Construction
Ordinance (PCSO) and implement and
enforce the ordinance. Revise
ordinance as necessary.
Maintain the City’s Post- Construction
Ordinance (PCSO) and implement and
enforce the ordinance. Revise
ordinance as necessary.
Maintain the City’s Post- Construction
Ordinance (PCSO) and implement and
enforce the ordinance. Revise ordinance
as necessary.
Maintain the City’s Post- Construction
Ordinance (PCSO) and implement and
enforce the ordinance. Revise
ordinance as necessary.
Strategies which
include SCMs
appropriate for the
MS4
Maintain strategies that include a
combination of structural and/or non-
structural SCMs implemented in
concurrence with (a) above. Provide a
mechanism to require long-term operation
and maintenance of structural SCMs.
Require annual inspection reports of
permitted structural SCMs performed by a
qualified professional. Within 12 months of
the effective date of this permit, the
permittee shall evaluate, and revise as
needed, SCM requirements, to be at least as
stringent as the minimum requirements in
15A NCAC 02H .1000.
Continue PCSO program and ensure
proper BMP operation, maintenance,
and annual inspections.
Continue PCSO program and ensure
proper BMP operation, maintenance,
and annual inspections.
Continue PCSO program and ensure
proper BMP operation, maintenance,
and annual inspections.
Continue PCSO program and ensure
proper BMP operation, maintenance,
and annual inspections.
Continue PCSO program and ensure
proper BMP operation, maintenance,
and annual inspections.
Deed Restrictions
and Protective
Covenants
The permittee shall provide mechanisms
such as recorded deed restrictions, plats,
and/or protective covenants so that
development activities maintain the project
consistent with approved plans.
Continue to implement Deed
Restrictions and Protective Covenants
through administration of the PCSO
Program.
Continue to implement Deed
Restrictions and Protective Covenants
through administration of the PCSO
Program.
Continue to implement Deed
Restrictions and Protective Covenants
through administration of the PCSO
Program.
Continue to implement Deed
Restrictions and Protective Covenants
through administration of the PCSO
Program.
Continue to implement Deed
Restrictions and Protective Covenants
through administration of the PCSO
Program.
Operation and
Maintenance Plan
The developer shall provide the permittee
with an operation and maintenance plan for
the stormwater system, indicating the
operation and maintenance actions that shall
be taken, specific quantitative criteria used
for determining when those actions shall be
taken, and who is responsible for those
actions. The plan must clearly indicate the
steps that shall be taken and who shall be
responsible for restoring a stormwater
system to design specifications if a failure
occurs and must include a legally
enforceable acknowledgment by the
responsible party. Development must be
maintained consistent with the requirements
in the approved plans and any modifications
to those plans must be approved by the
Permittee.
Continue to implement BMP operation,
maintenance, and inspection plan and
procedures.
Continue to implement BMP operation,
maintenance, and inspection plan and
procedures.
Continue to implement BMP operation,
maintenance, and inspection plan and
procedures.
Continue to implement BMP operation,
maintenance, and inspection plan and
procedures.
Continue to implement BMP
operation, maintenance, and
inspection plan and procedures.
Educational
materials and
training for
developers
Provide educational materials and training
for developers. New materials may be
developed by the permittee, or the permittee
may use materials adopted from other
programs and adapted to the permittee’s
new development and applicable
redevelopment program.
Continue to provide and update
education/ training tools for developers.

Continue to provide and update
education/ training tools for developers.
Continue to provide and update
education/ training tools for developers.
Continue to provide and update
education/ training tools for developers.
Continue to provide and update
education/ training tools for
developers.

City of Charlotte - Stormwater Management Program Plan – FY 2020

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7.8 Program Assessment

The overall success of the Post-Construction Stormwater Management Program is evaluated
through the successful implementation of the components of the program and reported with each
NPDES MS4 annual report. In addition, success is also typically evaluated by the following:

• Number of plans reviewed;
• Number of SCMs installed;
• Number of SCM inspections conducted;
• Percentage of SCMs determined to be compliant and non-compliant;
• Number of non-compliant SCMs brought into compliance; and
• Number of training sessions conducted.

Section 8: Pollution Prevention/Good Housekeeping Program

The City will continue to implement a comprehensive Pollution Prevention and Good
Housekeeping Program for municipal facilities and operations. This includes the following
components:

• Facility inspection and training programs to reduce stormwater pollutant runoff to the
maximum extent practicable;
• Establishment and monitoring of standard operating procedures and best management
practices for municipal field operations; and
• Inspection and maintenance of municipal SCMs.

The following sub-sections explain:

• The BMPs intended to meet program requirements;
• Integral components of the program;
• Employee education and training; and
• Measures of success.

8.1 BMP Summary Table

Table 8-1 provides information concerning the BMPs intended to meet the requirements of the
Pollution Prevention/Good Housekeeping Program.

Table 8-1: BMP Summary Table for the Pollution Prevention/Good Housekeeping Program.
BMP BMP Description Schedule (years) Responsible
Position 1 2 3 4 5
Inventory of
municipal facilities
and operations
Maintain an inventory of municipal facilities and
operations owned and operated by the permittee
that have been determined by the permittee to have
significant potential for generating polluted
X X X X X Water Quality
Program
Manager
City of Charlotte - Stormwater Management Program Plan – FY 2020

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stormwater runoff. Also maintain an inventory of
municipally-owned structural SCMs.
Inspection and
maintenance program
for municipal
facilities and
operations
Implement an inspection and maintenance
program for facilities and operations owned and
operated by the permittee for potential sources of
polluted runoff, including stormwater controls and
conveyance systems. The inspection program
shall evaluate pollutant sources, document
deficiencies, plan corrective actions, implement
appropriate controls, and document the
accomplishment of corrective actions. The
maintenance program shall include maintenance
activities and procedures aimed at preventing or
reducing pollutants generated from municipal
facilities and operations.
X X X X X Water Quality
Program
Manager
Site Pollution
Prevention Plans for
municipal facilities.
Maintain and implement Site Pollution Prevention
Plans for municipal facilities owned and operated
by the permittee that have been determined by the
permittee to have significant potential for
generating polluted stormwater runoff that has the
goal of preventing or reducing pollutant runoff.
X X X X X Water Quality
Program
Manager
Spill Response
Procedures for
municipal facilities
and operations.
Maintain spill response procedures for municipal
facilities and operations owned and operated by
the permittee that have been determined by the
permittee to have significant potential for
generating polluted stormwater runoff.
X X X X X Water Quality
Program
Manager
Prevent or Minimize
Contamination of
Stormwater Runoff
from all areas used
for Vehicle and
Equipment Cleaning
Describe measures that prevent or minimize
contamination of the stormwater runoff from all
areas used for vehicle and equipment cleani ng,
including fire stations that have more than three
fire trucks and ambulances. Perform all cleaning
operations indoors, cover the cleaning operations,
ensure wash water drains to the sanitary sewer
system, collect wash water and stormwater run-on
from the cleaning area and provide treatment or
recycling, or other equivalent measures. If
sanitary sewer is not available to the facility and
cleaning operations take place outdoors, wash
water shall drain to an SCM for treatment, or else
the cleaning operations shall take place on or drain
directly to grassed or graveled areas to prevent
point source discharges of the wash water into the
storm drains or surface waters. Where cleaning
operations cannot be performed as described above
and when operations are performed in the vicinity
of a storm drainage collection system, the drain is
to be covered with a portable drain cover during
cleaning activities. Any excess standing water
shall be removed and properly handled prior to
removing the drain cover. Facilities that have three
or fewer fire trucks and ambulances should
attempt to comply with the above requirements;
however, those that cannot comply with these
requirements due to existing limitations shall
X X X X X Water Quality
Program
Manager
City of Charlotte - Stormwater Management Program Plan – FY 2020

39

incorporate structural measures during facility
renovation to the extent practicable.
Streets, roads, and
public parking lots
maintenance
The permittee shall implement BMPs to reduce
polluted stormwater runoff from municipally-
owned streets, roads, and public parking lots
within the corporate limits.
X X X X X Water Quality
Program
Manager
Inspection and
Maintenance (I&M)
for municipally-
owned or maintained
stormwater control
measures (SCMs)
and the storm sewer
system.
The permittee shall maintain and implement an
inspection and maintenance program for
stormwater control measures (SCMs) owned and
operated by the municipality and the municipal
storm sewer system (including catch basins, the
conveyance system, and SCMs.
X X X X X Water Quality
Program
Manager
Staff training Maintain and implement a training plan that
indicates when, how often, and who is required to
be trained and what they are to be trained on.
X X X X X Water Quality
Program
Manager

8.2 Inventory of Municipal Facilities and Operations

The City provides an extensive network of municipal operations designed to serve its citizens
and keep vital infrastructure functioning properly. A number of these operations impact the
storm sewer system directly, such as storm sewer system maintenance and street sweeping, and
indirectly, such as landscape management and municipal building maintenance. The cumulative
impact of all these operations on the storm sewer system can potentially be significant, so it is
important to maintain operation and maintenance programs to minimize impacts to the storm
sewer system. All parcels of land owned or operated by the City are examined to determine
whether they are included in the Municipal Facilities Inventory within the Pollution
Prevention/Good Housekeeping Program. A Standard Administrative Procedure is followed
when evaluating parcels for this inventory. Once included in the inventory, facilities receive:

• Preparation and implementation of a SPPP;
• Regular inspections; and
• Annual employee training.

EPM-SWS works with various municipal operations to implement best management practices to
minimize negative impacts to the storm drain system. This is accomplished through a process of:

• Observing field operations;
• Updating best management practices and SOPs; and
• Training employees.

Operation and maintenance of municipal facilities is managed through implementation of
Stormwater Pollution Prevention Plans (SPPPs) and a municipal facility inspection program.
Those programs are discussed below in sub-sections 8.3 and 8.4.

City of Charlotte - Stormwater Management Program Plan – FY 2020

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Table 8-2: Municipal Sites Included in the Pollution Prevention/Good Housekeeping Program.
Facility Physical Address
Charlotte-Douglas International Airport 5501 Josh Birmingham Pkwy., Charlotte, NC 28208
CATS Bus Maintenance Operations Facility 3145 S. Tryon St., Charlotte, NC 28217
CATS Transit Maintenance Operations Center 901 N. Davidson St., Charlotte, NC 28202
CATS Transit Center 310 E. Trade St., Charlotte, NC 28202
CATS Light Rail Maintenance Facility 3305 Pelton St., Charlotte, NC
CATS Light Rail North Yard 1911 North Brevard St., Charlotte NC 28206
CDOT - Traffic Engineering Operations Center 3701 Craig Ave., Charlotte, NC 28211
CDOT – Street Maintenance Division - Northwest
District 4411 Northpointe Industrial Blvd., Charlotte, NC 28216
CDOT – Street Maintenance Division - Northeast
District 6001 General Commerce Dr., Charlotte, NC 28213
CDOT – Street Maintenance Division - Southwest
District 4600 Sweden Rd., Charlotte, NC 28273
Charlotte Water - Irwin Creek WWTP 4000 Westmont Dr., Charlotte, NC 28217
Charlotte Water - Mallard Creek WWTP 12400 Hwy 29 N, Charlotte, NC 28262
Charlotte Water - McAlpine Creek WWTP & Zone 3
Field Operations 12701 Lancaster Hwy, Pineville, NC 28134
Charlotte Water - McDowell Creek WWTP 4901 Neck Rd., Huntersville, NC 28078
Charlotte Water - Sugar Creek WWTP 5301 Closeburn Rd., Charlotte, NC 28210
Charlotte Water - Franklin WTP 5200 Brookshire Blvd, Charlotte, NC 28216
Charlotte Water - Lee S Dukes WTP 7980 Babe Stillwell Rd., Huntersville, NC 28078
Charlotte Water - Vest WTP 820 Beatties Ford Rd., Charlotte, NC 28216
Charlotte Water – Zone 1 Field Operations 11609 Hord Dr., Huntersville, NC 28078
Charlotte Water – Zone 2 Field Operations 5730 General Commerce Dr., Charlotte, NC 28213
Charlotte Water – Zone 4 Field Operations 4100 W. Tyvola Rd., Charlotte, NC 28208
Charlotte Water – Catawba Pump Station 12548 Pump Station Rd., Charlotte, NC 28216
Engineering & Property Management - Heavy
Equipment Shop 4600 Sweden Rd., Charlotte, NC 28273
Engineering & Property Management - Heavy Truck
Shop / Central Yard Truck Wash 829 Louise Ave., Charlotte, NC 28204
Engineering & Property Management - Light Vehicle
Shop 1031 Atando Ave., Charlotte, NC 28216
Engineering & Property Management - Small Engine
Repair Shop 701 Tuckaseegee Rd., Charlotte, NC 28208
Engineering & Property Management - 12th Street
Vehicle Maintenance Facility 900 W 12th St, Charlotte, NC 28206
CFD - Fire Logistics 1501 N. Graham St., Charlotte, NC 28206
CMPD - Animal Control Shelter 8315 Byrum Dr., Charlotte, NC 28217
Police and Fire Training Academy 1770 Shopton Rd., Charlotte, NC 28217
City of Charlotte - Stormwater Management Program Plan – FY 2020

41

Facility Physical Address
Solid Waste Services - Street Sweeper Facility and
Truck Parking Lots 829 Louise Ave., Charlotte, NC 28204
Landscape Management Operations 701 Tuckaseegee Rd., Charlotte, NC 28208

8.3 Inspection and Maintenance Program for Municipal Facilities and Operations

These facilities are evaluated through inspections on a priority basis. Inspections include the
following:

• Thorough assessment of facility operations and maintenance activities;
• Evaluation of waste disposal and storage methods;
• Evaluation of the stormwater drainage system, including catch basin inlets, structural
best management practices and outfalls;
• Review of spill response and clean up procedures with recommended revisions as
appropriate;
• Evaluation of housekeeping practices with recommended revisions as necessary to
eliminate potential pollution sources;
• Evaluation of outdoor storage areas and recommendations for elimination of potential
pollution sources;
• Identification and elimination of dry weather discharges;
• Review of the SPPP, where applicable, including effluent monitoring (if required by
permit); and
• Completion of a written report documenting findings and recommendations.

Follow-up inspections, communication and meetings with appropriate personnel are conducted
as necessary to eliminate potential pollution sources. Facility personnel, typically a supervisor
and/or management personnel, participate in inspections and are responsible for implementation
of SPPPs and best management practices.

8.3.1 NPDES Stormwater Permitted Municipal Facilities Review

Twelve (12) City facilities, which are listed in Table 8-3, have been issued NPDES Stormwater
permits (*Note: The airport’s permit is a combined stormwater/wastewater individual permit).

Table 8-3: Municipal Operations That Have Been Issued NPDES Stormwater Permits
Municipal Operation Permit
Number
Certificate of Permit
Coverage Number
Address
CATS Transit Maintenance
Operations Center
NCG080000 NCG080029 901 N. Davidson Street
CATS Bus Maintenance
Operations Facility
NCG080000 NCG080710 3145 S. Tryon Street
Heavy Truck Shop, Truck
Wash & Street Sweeper
Yard
NCG080000 NCG080822 829 Louise Avenue
Heavy Equipment Shop NCG080000 NCG080840 4600 Sweden Road
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Municipal Operation Permit
Number
Certificate of Permit
Coverage Number
Address
Light Vehicle Maintenance
Shop
NCG080000 NCG080879 1031 Atando Avenue
12th Street Vehicle
Maintenance Facility
NCG080000 NCG080063 900 W 12th St.
Charlotte-Douglas
International Airport*
NC0083887 Not applicable 5501 Josh Birmingham Parkway
Irwin Creek WWTP NCG110000 NCG110008 4000 Westmont Drive
Mallard Creek WWTP NCG110000 NCG110114 12400 Highway 29 North
McAlpine Creek WWTP NCG110000 NCG110010 12701 Lancaster Hwy
McDowell Creek WWTP NCG110000 NCG110011 4901 Neck Road
Sugar Creek WWTP NCG110000 NCG110012 5301 Closeburn Road

Annual inspections are conducted at each facility listed in Table 8-3. The same inspection items
listed above in sub-section 8.3 are reviewed at these facilities. Emphasis is placed on elimination
of illicit discharges, good housekeeping improvements, and compliance with permit and SPPP
requirements, including inspections, monitoring and training.

8.4 Site Pollution Prevention Plans for municipal facilities

SPPPs for all facilities listed in Table 8-2 below are reviewed and updated with all
documentation kept in the SPPPs, including a site map. The SPPPs are used as an
implementation guide for maintaining good housekeeping and reducing stormwater pollution.
All appropriate topics are covered in the SPPPs including:

• Best management practices;
• Facility inspections;
• Facility monitoring;
• Employee training;
• Spill prevention/response;
• Vehicle/equipment cleaning and fueling; and
• Preventative maintenance.

For the facilities listed in Table 8-3, the SPPPs are reviewed and updated annually as required.
Environmental personnel at the airport and wastewater treatment plants are responsible for
updating the SPPPs at their facilities, while staff of EPM-SWS review and update the remainder
of the SPPPs listed.

8.5 Spill Response Procedures for municipal facilities and operations

Numerous activities conducted by City employees, both in the field and at facilities, have the
potential to generate spills that may enter the MS4 and contaminate surface waters. Because of
that potential, Spill Prevention and Response Procedures are maintained for all facilities (and
associated field operations) listed in Table 8-2. These procedures are incorporated into the
facility SPPPs and facility staff receive training about these procedures annually as part of SPPP
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training. Additionally, spill response equipment is evaluated annually during SPPP inspections
to ensure they are placed near areas where spills are most likely to occur and that appropriate
materials are stocked. All SPPPs maintain records of significant spills for at least five years.

In addition, as part of the overall IDDE program, CMSWS maintains a 24-hour emergency
response team that responds to environmental emergencies, including spills. Members of this
team act in an advisory role to the Charlotte Fire Department’s Hazmat Unit. Once Hazmat
secures a scene and contains the spill, the team works with the responsible party to ensure that
spills are cleaned up properly and have minimal impacts to the environment. The team’s actions
are guided by a set of written emergency response protocols.

8.6 Vehicle and Equipment Cleaning Operations

The City recognizes the negative impacts that vehicle and equipment wash water runoff can have
on stormwater and, ultimately, surface waters. All vehicles and equipment are washed in areas
that drain to a sanitary sewer except for a few fire stations that have three or fewer emergency
vehicles, with the majority of washing occurring at a commercial or municipal vehicle wash
facility. Vehicle and equipment washing at municipal facilities is assessed during annual
inspections at all facilities listed in Table 8-2. In cases when an inspection or service request
reveals that municipal washing is not occurring in an area that drains to the sanitary sewer,
corrective actions are implemented.

8.7 Streets, Roads, and Public Parking Lots Maintenance

Streets and parking lots can be a significant source of stormwater pollution and to address these
sources, the City implements the following non-structural BMPs:

• Catch Basin Cleaning Program;
• Street Sweeping Program;
• Adopt-A-Street Program;
• Leaf and Yard Waste Collection Program;
• Trash Receptacles along downtown Streets;
• Trash Receptacles and Litter Control activities at Park and Ride Parking Lots; and
• Public Education to address polluted stormwater runoff from municipally-owned streets
and public parking lots.

8.8 Municipal SCMs and MS4 System Operation and Maintenance

The City maintains an inventory of municipal SCMs and inspects these at various frequencies
based on the type of SCM. Maintenance is conducted as needed based on inspection results.
Standard inspection forms are used to conduct and document inspections with this information
maintained in a database.

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The City’s Street Maintenance Division, through a contract with EPM-SWS, conducts cleaning
of the MS4 system. Services include, but are not limited to:

• Catch basin cleaning (manually and with vacuum trucks);
• Catch basin top cleaning (manually and with vacuum trucks); and
• Stormwater pipe cleaning (by vacuum truck).

Crews conduct routine and hotspot cleaning within assigned areas. Crews also respond to
service requests for cleaning of the MS4 system. All work is recorded and maintained in a
database.

The EPM-SWS Design Management Team’s primary work involves maintenance and repair of
the MS4 system. Service requests regarding stormwater issues are assigned to a Drainage
Specialist who investigates and determines if the issue qualifies for EPM-SWS assistance. If the
issue qualifies, it is then prioritized for repair. Highest priority is assigned to the most severe
conditions, such as living space and street flooding, public safety hazards, and blowouts near
roads and houses. Examples of other issues that qualify for service include headwall/pipe outlet
repair, channel blockage, and channel erosion. A written SOP outlines the means and methods
for EPM-SWS to determine if stormwater system issues qualify for assistance and how they are
prioritized.

8.9 Employee/Staff Training

Training is conducted for employees at the facilities listed in Table 8-2. The goal of training is
to inform employees of the actions necessary to reduce the discharge of pollutants from their
facilities/operations and protect water quality. Some of the topics included in the training are:

• Description of common pollutants, their sources and water quality impacts;
• Description of the actions that each facility should take to reduce discharges of pollutants,
with an emphasis on good housekeeping;
• Description of effective spill response and prevention measures that should be employed
at each facility;
• Discussion of typical pollution sources at municipal operations and specific actions that
should be taken to eliminate these sources and protect water quality;
• Review of the Stormwater Pollution Prevention Plan where applicable;
• Explanation of the potential negative consequences of failing to control pollutants at
facilities; and
• Overview of IDDE Program and how to report observed water quality problems.

8.10 Measurable Goals

Table 8-4 describes the various Municipal Pollution Prevention/Good Housekeeping Program
BMPs and the Measurable Goals for each BMP by permit term year.
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Table 8-4: BMP Measurable Goals for the Pollution Prevention/Good Housekeeping Program.
BMP BMP Description Measurable Goals
FY2020 FY2021 FY2022 FY2023 FY2024
Inventory of municipal
facilities and
operations
Maintain an inventory of municipal
facilities and operations owned and
operated by the permittee that have been
determined by the permittee to have
significant potential for generating polluted
stormwater runoff. Also maintain an
inventory of municipally-owned structural
SCMs.

Continue to review and update
inventory of municipal facilities and
operations as applicable.
Continue to review and update
inventory of municipal facilities and
operations as applicable.
Continue to review and update
inventory of municipal facilities and
operations as applicable.
Continue to review and update inventory
of municipal facilities and operations as
applicable.
Continue to review and update
inventory of municipal facilities and
operations as applicable.
Inspection and
maintenance program
for municipal facilities
and operations
Implement an inspection and maintenance
program for facilities and operations owned
and operated by the permittee for potential
sources of polluted runoff, including
stormwater controls and conveyance
systems. The inspection program shall
evaluate pollutant sources, document
deficiencies, plan corrective actions,
implement appropriate controls, and
document the accomplishment of corrective
actions. The maintenance program shall
include maintenance activities and
procedures aimed at preventing or reducing
pollutants generated from municipal
facilities and operations.

Continue inspection and maintenance
program for facilities and operations in
the inventory.
Continue inspection and maintenance
program for facilities and operations in
the inventory.
Continue inspection and maintenance
program for facilities and operations in
the inventory.
Continue inspection and maintenance
program for facilities and operations in
the inventory.
Continue inspection and maintenance
program for facilities and operations
in the inventory.
Site Pollution
Prevention Plans for
municipal facilities.
Maintain and implement Site Pollution
Prevention Plans for municipal facilities
owned and operated by the permittee that
have been determined by the permittee to
have significant potential for generating
polluted stormwater runoff that has the goal
of preventing or reducing pollutant runoff.

Review and update facility SPPPs as
necessary. Continue implementation of
SPPPs.
Review and update facility SPPPs as
necessary. Continue implementation of
SPPPs.
Review and update facility SPPPs as
necessary. Continue implementation of
SPPPs.
Review and update facility SPPPs as
necessary. Continue implementation of
SPPPs.
Review and update facility SPPPs as
necessary. Continue implementation
of SPPPs.
Spill Response
Procedures for
municipal facilities
and operations.
Maintain spill response procedures for
municipal facilities and operations owned
and operated by the permittee that have
been determined by the permittee to have
significant potential for generating polluted
stormwater runoff.

Review facility spill response
procedures and update as necessary.
Continue implementation of
procedures.
Review facility spill response
procedures and update as necessary.
Continue implementation of
procedures.
Review facility spill response
procedures and update as necessary.
Continue implementation of
procedures.
Review facility spill response
procedures and update as necessary.
Continue implementation of procedures.
Review facility spill response
procedures and update as necessary.
Continue implementation of
procedures.
Prevent or Minimize
Contamination of
Stormwater Runoff
from all areas used for
Vehicle and
Equipment Cleaning
Describe measures that prevent or minimize
contamination of the stormwater runoff
from all areas used for vehicle and
equipment cleaning, including fire stations
that have more than three fire trucks and
ambulances. Perform all cleaning
operations indoors, cover the cleaning
operations, ensure wash water drains to the
sanitary sewer system, collect wash water
and stormwater run-on from the cleaning
area and provide treatment or recycling, or
Review procedures for vehicle and
equipment cleaning operations and
update as necessary. Ensure that
corrective actions are implemented
where operations are not in compliance
with the permit.
Review procedures for vehicle and
equipment cleaning operations and
update as necessary. Ensure that
corrective actions are implemented
where operations are not in compliance
with the permit.
Review procedures for vehicle and
equipment cleaning operations and
update as necessary. Ensure that
corrective actions are implemented
where operations are not in compliance
with the permit.
Review procedures for vehicle and
equipment cleaning operations and
update as necessary. Ensure that
corrective actions are implemented
where operations are not in compliance
with the permit.
Review procedures for vehicle and
equipment cleaning operations and
update as necessary. Ensure that
corrective actions are implemented
where operations are not in
compliance with the permit.
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46

other equivalent measures. If sanitary
sewer is not available to the facility and
cleaning operations take place outdoors,
wash water shall drain to an SCM for
treatment, or else the cleaning operations
shall take place on or drain directly to
grassed or graveled areas to prevent point
source discharges of the wash water into the
storm drains or surface waters.

Streets, roads, and
public parking lots
maintenance
The permittee shall implement BMPs to
reduce polluted stormwater runoff from
municipally-owned streets, roads, and
public parking lots within the corporate
limits.

Continue to implement selected BMPs. Continue to implement selected BMPs. Continue to implement selected BMPs. Continue to implement selected BMPs. Continue to implement selected
BMPs.
Inspection and
Maintenance (I&M)
for municipally-owned
or maintained
stormwater control
measures (SCMs) and
the storm sewer
system.
The permittee shall maintain and implement
an inspection and maintenance program for
stormwater control measures (SCMs)
owned and operated by the municipality and
the municipal storm sewer system
(including catch basins, the conveyance
system, and SCMs.
Continue to implement structural SCM
operation, maintenance, and inspection
program. Continue operation and
maintenance program for the MS4
system.
Continue to implement structural SCM
operation, maintenance, and inspection
program. Continue operation and
maintenance program for the MS4
system.
Continue to implement structural SCM
operation, maintenance, and inspection
program. Continue operation and
maintenance program for the MS4
system.
Continue to implement structural SCM
operation, maintenance, and inspection
program. Continue operation and
maintenance program for the MS4
system.
Continue to implement structural
SCM operation, maintenance, and
inspection program. Continue
operation and maintenance program
for the MS4 system.
Staff training Maintain and implement a training plan that
indicates when, how often, and who is
required to be trained and what they are to
be trained on.
For facilities included in the municipal
facility inspection program, conduct
staff training on SPPPs and Spill
Response Procedures according to the
Training Plan.
For facilities included in the municipal
facility inspection program, conduct
staff training on SPPPs and Spill
Response Procedures according to the
Training Plan.
For facilities included in the municipal
facility inspection program, conduct
staff training on SPPPs and Spill
Response Procedures according to the
Training Plan.
For facilities included in the municipal
facility inspection program, conduct
staff training on SPPPs and Spill
Response Procedures according to the
Training Plan.
For facilities included in the municipal
facility inspection program, conduct
staff training on SPPPs and Spill
Response Procedures according to the
Training Plan.

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8.11 Program Assessment

The overall success of the Pollution Prevention/Good Housekeeping Program is evaluated
through the successful implementation of the components of the program and reported with each
NPDES MS4 annual report. In addition, success is also typically evaluated by the following:

• Number of parcels inventoried;
• Number of facility inspections conducted;
• Number of problems discovered and resolved;
• Number of training sessions conducted; and
• Number of employees trained.

Section 9: Industrial Facilities Evaluation and Monitoring Program

The City will continue to implement the Industrial Facilities Program to evaluate and monitor
discharges to the City’s MS4 from applicable industrial facilities. This includes inspection and
monitoring programs to evaluate facilities that may contribute or have the potential to contribute
substantial pollutant loads to the MS4. The following sub-sections explain:

• The BMPs intended to meet program requirements;
• Integral components of the program; and
• Measures of success.

9.1 BMP Summary Table

Table 9-1 provides information concerning the BMPs intended to meet the requirements of the
Industrial Facilities Program.

Table 9-1: BMP Summary Table for the Industrial Facilities Program.
BMP BMP Description Schedule (years) Responsible
Position 1 2 3 4 5
Maintain an
Inventory of
Industrial Facilities
Maintain an inventory of permitted hazardous
waste treatment, disposal, and recovery facilities,
industrial facilities that are subject to Section 313
of Title III of the Superfund Amendments and
Reauthorization Act of 1986 (SARA), and
industrial facilities identified with an industrial
activity permitted to discharge storm water to the
permittee’s MS4.

For the purposes of this permit, industrial activities
shall mean all permitted industrial activities as
defined in 40 CFR 122.26.

X X X X X Water Quality
Program
Manager
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Inspection Program Identify priorities and inspection procedures. At a
minimum, priority facilities include those
identified above in subsection II.H.2.a.

X X X X X Water Quality
Program
Manager
Evaluate Industrial
Facilities discharging
stormwater to the
City’s MS4
The Permittee is required to evaluate control
measures implemented at permitted hazardous
waste treatment, disposal, and recovery facilities,
industrial facilities that are subject to Section 313
of Title III of the Superfund Amendments and
Reauthorization Act of 1986 (SARA), industrial
facilities identified with an industrial activity
permitted to discharge storm water to the
permittee’s MS4, or as identified as an illicit
discharge under the IDDE Program.

For permitted facilities, the municipality shall
establish procedures for reporting deficiencies and
non-compliance to the permitting agency. Where
compliance with an existing industrial stormwater
permit does not result in adequate control of
pollutants to the MS4, municipality will
recommend and document the need for permit
modifications or additions to the permit issuing
authority.

For the purposes of this permit, industrial activities
shall mean all permitted industrial activities as
defined in 40 CFR 122.26. For the purpose of this
permit, the Permittee is authorized to inspect the
permitted hazardous waste treatment, disposal, and
recovery facilities as an authorized representative
of the Director.
X X X X X Water Quality
Program
Manager

9.2 Industrial Facility Inventory

An inventory of facilities has been developed showing those industrial facilities that discharge to
the City’s MS4 and have the potential to discharge significant pollutant loads. Facilities
included in the inventory fit into one or more of the following categories:

• Hazardous waste TSD facility;
• SARA Title III facility (TRI reporter);
• NPDES Stormwater permitted facility;
• Stormwater No Exposure Certificate facility;
• Industrial Wastewater Pre-Treatment permitted facility; and
• Facilities identified as having an illicit discharge under the IDDE Program.

9.3 Industrial Facilities Inspection Program

The purpose of the Industrial Facilities Inspection program is to evaluate activities at industrial
facilities that may impact stormwater discharges, and then work with problem facilities to reduce
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identified stormwater pollution. To effectively accomplish the goals of the program, an
Industrial Facilities Inspection and Monitoring Procedures Manual is utilized. The manual
objectives are as follows:

• Provide instructions and guidance on how to select facilities for inspections, prepare for
and conduct industrial inspections and monitoring, collect vital information, write reports
and conduct follow-up activities;
• Provide consistency in how the program is implemented as a means of quality assurance
and control; and
• Provide forms, templates and examples to aid in implementation of the program.

The manual also details the inspection process. Listed below are general tasks conducted as part
of an industrial inspection:

• Thorough assessment of facility operations and maintenance activities;
• Evaluation of waste disposal and storage methods;
• Evaluation of the stormwater drainage system, including catch basin inlets, structural
best management practices and outfalls;
• Review of spill response and clean up procedures;
• Evaluation of housekeeping practices with recommended revisions as necessary to
eliminate potential pollution sources;
• Evaluation of outdoor storage facilities and recommendations for elimination of potential
pollution sources;
• Identification and elimination of dry weather discharges;
• Review of Stormwater Pollution Prevention Plan implementation where applicable,
including effluent monitoring (if required by permit);
• Sampling/monitoring of site stormwater runoff and/or dry weather flows;
• Evaluation of monitoring data results; and
• Completion of a written report documenting findings and recommendations.

Follow-up inspections are conducted as necessary to ensure the elimination of identified
pollution sources. The main contact at each facility is involved in the entire inspection process
and provided with a copy of the written inspection report. For all inspection reports, CMSWS
notes when the City’s Stormwater Pollution Control Ordinance has been violated and for state-
permitted facilities, the report will also note conditions related to compliance with permit
requirements. The NCDEQ is copied on CMSWS reports for state permitted facilities and makes
the final determination if further action is needed, which may include issuance of notices of
violation. CMSWS works jointly with the facility and the NCDEQ when permit violations
occur, as requested by the NCDEQ.

Each year, an inventory and a prioritization strategy is used to select which industrial facilities
will be inspected the following year. Selection of facilities is based on two primary factors: the
facility’s potential to pollute stormwater; and the facility’s prior compliance history with local
and state stormwater regulations. Facilities are rated as High, Medium or Low Priority and their
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long-term inspection frequency is based on its annual rating. A High Priority facility is inspected
every one to two years, a Medium Priority facility every three to five years, and a Low Priority
facility is inspection every six to eight years. A facility may move between High, Medium and
Low Priority each year based on its compliance with local and state regulations. The Facilities
Inspection Prioritization Strategy SOP is included in the Industrial Facilities Insp ection and
Monitoring Procedures Manual.

Monitoring of stormwater runoff and dry weather flow discharges is conducted at select
industrial facilities to complement the overall inspection process. Stormwater monitoring results
are often a good general indicator of facility housekeeping, and may indicate the existence of
pollution sources that may not be observed or identified during an inspection. Sampling of dry
weather flows provides information about potential impacts that a particular discharge may have
on receiving waters. Twenty (20) percent of facilities inspected are monitored annually. Those
facilities with the worst problems or conditions as observed during inspections are selected as
priority monitoring sites.

9.4 Evaluation Measures

As discussed in sub-section 7.7.3, the appropriate evaluation measures that are implemented to
reduce polluted discharges to the City’s MS4 are industrial inspections and monitoring.
Inspection letters note that the inspection is being conducted to satisfy both State requirements
and requirements contained in the City’s NPDES MS4 permit. As pollution sources are
identified through the inspection and monitoring program, the City works with NCDEQ and
facility personnel to eliminate the pollution sources. If violations of illicit discharge prohibitions
and other applicable regulations are identified, appropriate enforcement measures are
implemented.

9.5 Measurable Goals

Table 9-2 describes the various Industrial Facilities Program BMPs and the Measurable Goals
for each BMP by permit term year.

[THIS SPACE INTENTIONALLY BLANK]
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Table 9-2: BMP Measurable Goals for the Industrial Facilities Program.
BMP BMP Description Measurable Goals
FY2020 FY2021 FY2022 FY2023 FY2024
Maintain an inventory of permitted
hazardous waste treatment, disposal, and
recovery facilities, industrial facilities that
are subject to Section 313 of Title III of the
Superfund Amendments and
Reauthorization Act of 1986 (SARA), and
industrial facilities identified with an
industrial activity permitted to discharge
storm water to the permittee’s MS4.

For the purposes of this permit, industrial
activities shall mean all permitted industrial
activities as defined in 40 CFR 122.26.

Maintain and update the industrial
facility inventory as needed.
Maintain and update the industrial
facility inventory as needed.
Maintain and update the industrial
facility inventory as needed.
Maintain and update the industrial
facility inventory as needed.
Maintain and update the industrial
facility inventory as needed.
Identify priorities and inspection
procedures. At a minimum, priority
facilities include those identified above in
subsection II.H.2.a.

Update current Industrial Inspection
and Monitoring Procedures and
develop an inspection prioritization
strategy
Update current Industrial Inspection
and Monitoring Procedures and
develop an inspection prioritization
strategy
Update current Industrial Inspection
and Monitoring Procedures and
develop an inspection prioritization
strategy
Update current Industrial Inspection and
Monitoring Procedures and develop an
inspection prioritization strategy
Update current Industrial Inspection
and Monitoring Procedures and
develop an inspection prioritization
strategy
The Permittee is required to evaluate
control measures implemented at permitted
hazardous waste treatment, disposal, and
recovery facilities, industrial facilities that
are subject to Section 313 of Title III of the
Superfund Amendments and
Reauthorization Act of 1986 (SARA),
industrial facilities identified with an
industrial activity permitted to discharge
storm water to the permittee’s MS4, or as
identified as an illicit discharge under the
IDDE Program. For permitted facilities, the
municipality shall establish procedures for
reporting deficiencies and non-compliance
to the permitting agency. Where
compliance with an existing industrial
stormwater permit does not result in
adequate control of pollutants to the MS4,
municipality will recommend and document
the need for permit modifications or
additions to the permit issuing authority.
For the purposes of this permit, industrial
activities shall mean all permitted industrial
activities as defined in 40 CFR 122.26. For
the purpose of this permit, the Permittee is
authorized to inspect the permitted
hazardous waste treatment, disposal, and
recovery facilities as an authorized
representative of the Director.
Conduct inspection activities based on
established procedures and
prioritization strategy at 40 facilities.
Conduct stormwater runoff monitoring
at 8 facilities.
Conduct inspection activities based on
established procedures and
prioritization strategy at 40 facilities.
Conduct stormwater runoff monitoring
at 8 facilities.
Conduct inspection activities based on
established procedures and
prioritization strategy at 40 facilities.
Conduct stormwater runoff monitoring
at 8 facilities.
Conduct inspection activities based on
established procedures and prioritization
strategy at 40 facilities. Conduct
stormwater runoff monitoring at 8
facilities.
Conduct inspection activities based on
established procedures and
prioritization strategy at 40 facilities.
Conduct stormwater runoff
monitoring at 8 facilities.

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9.6 Program Assessment

The overall success of the Industrial Facilities Program is evaluated through the successful
implementation of the components of the program and reported with each NPDES MS4 annual
report. In addition, success is also typically evaluated by the following:

• Number of facility inspections conducted;
• Number of facilities monitored; and
• Number of problems discovered and resolved.

Section 10: Water Quality Assessment and Monitoring Program

The City will continue to implement the Water Quality Assessment and Monitoring program to
monitor and assess the quality of streams within the City as required by the NPDES MS4 permit.
Information gained from the program is used to:

• Help identify and eliminate sources of pollution and illicit discharges;
• Identify short-term and long-term trends, where possible; and
• Gauge the effectiveness of stormwater management efforts and programs.

The following sub-sections explain:

• The BMPs intended to meet program requirements;
• Integral components of the program; and
• Measures of success.

10.1 BMP Summary Table

Table 10-1 provides information concerning the BMPs intended to meet the requirements of the
Water Quality Assessment and Monitoring Program.

Table10-1: BMP Summary Table for the Water Quality Assessment and Monitoring Program
BMP BMP Description Schedule (years) Responsible
Position 1 2 3 4 5
Water Quality
Assessment and
Monitoring Plan
Maintain a Water Quality Assessment and
Monitoring Plan. The Plan shall include a schedule
for implementing the proposed assessment and
monitoring activities.
X X X X X Water Quality
Program
Manager
Water Quality
Monitoring
Maintain and implement the Water Quality
Assessment and Monitoring Plan submitted to
DEMLR.
X X X X X Water Quality
Program
Manager

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10.2 Water Quality Assessment and Monitoring Plan

The City has been conducting water quality monitoring of streams and stormwater discharges
since the inception of its NPDES MS4 Permit Program in 1992. Initially, the monitoring
program focused mainly on identifying illicit discharges and sewer overflows and included
sampling for fecal coliform bacteria. Data was used to identify and eliminate these illegal
discharges to the MS4 and surface waters and proved to be highly successful. While current
water quality monitoring efforts continue to be used for this purpose, the program has been
expanded over the years to include a wider array of water quality parameters with the additional
goal of identifying short-term and long-term water quality trends and gauging overall program
effectiveness.

The City implements the Water Quality Assessment and Monitoring Plan developed during the
previous permit term. The plan specifies water quality monitoring activities to be performed on
a quarterly basis at a total of 15 stream sites within the major watersheds in the City. Monitoring
is conducted for chemical and physical parameters on a fixed interval monitoring basis.

Table 10-2 provides a list of the water quality parameters sampled at the monitoring sites.
Figure 10-1 shows a map of the Charlotte monitoring sites and Table 10-3 contains a
description and location of the 15 monitoring sites within the monitoring plan.

Table 10-2: Water Quality Monitoring Parameters.
Parameter Sample Type Frequency
Fecal Coliform Grab Quarterly
E-Coli Grab Quarterly
Total Phosphorus Grab Quarterly
Nitrite + Nitrate Grab Quarterly
Total Kjeldahl Nitrogen Grab Quarterly
Ammonia Nitrogen Grab Quarterly
Total Suspended Solids Grab Quarterly
Turbidity Grab Quarterly
Copper Grab Quarterly
Zinc Grab Quarterly
Chromium Grab Quarterly
Lead Grab Quarterly
Dissolved Oxygen Grab Quarterly
Temperature Grab Quarterly
Conductivity Grab Quarterly
pH Grab Quarterly

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FIGURE 10-1
Charlotte Water Quality Monitoring Sites

#S
#S
#S
#S
#S
#S
#S
#S
#S
#S
#S
#S
#S
#S #SLong CreekLittle Sugar CreekIrwin CreekM cAlpine CreekTaggart CreekM cM ullen C reekFlat BranchMal lard CreekMcDowell CreekPaw Creek
Cof
f
ey CreekRamah Creek
C lear C reekStewart CreekB ria r C re e kSteele CreekSugar CreekB ack C reekToby CreekKings BranchGar CreekCampbell CreekDoby CreekIrvins C reekStoney CreekClarks CreekGum Branch
McIntyre Creek
McKee CreekTorrence Creek Rocky Ri
ver
W Br
anchS ix M ile C r e e k
C ane C reekGutter Branch S Rocky Ri
ver
W BranchGoose CreekWalker Branch
Clear Creek TribBack Creek TribTorrence Creek Trib #1Swan BranchS
t
o
n
e
y

C
r
e
e
k

T
ri
b
Irwins CreekRocky BranchBeaver Dam CreekT r i c e r B r a n c h
Reedy Creek Trib #2R e a B r a n c h Duck CreekLittle Hope CreekC l a r k s C r e e k T r i b
Dix Bran ch T rib
C a ld w e ll S ta tio n
Kennedy BranchSher
man Cr
eekSix Mile CreekSugar Creek
MC17
MC45
MC38
MC51
MC27
MY12
MC42
MY13
MY7B
MC40A
MY11B
MC 47A
MC49A
MC14A
MC22A
Charlotte
Cornelius
Davidson
Huntersville
Matthews
Mint Hill
Pineville
W ater
W atershed Boundary
Stream s
#S Monitoring Sites
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Table 10-3: Description of City of Charlotte Water Quality Monitoring Sites.
Site # Stream Location
MY11B Mallard Creek Pavilion Blvd Bridge, S. of US Hwy 29
MY12 Back Creek Caldwell Rd. Culvert, S. of Harrisburg & Hwy 29
MY13 Reedy Creek Reedy Creek Rd. Bridge, S. of Plaza Rd. Ext.
MY7B McKee Creek Reedy Creek Rd. Bridge, S. of Harrisburg Rd.
MC14A Long Creek Pine Island Dr. at End of Street at Golf Course
MC17 Paw Creek Hwy 74 Culvert, Between Sam Wilson & Little Rock Rd.
MC22A Irwin Creek Westmont Dr. Bridge, at Irwin Creek WWTP
MC27 Sugar Creek Hwy. 51 Bridge, E. of Downs Rd.
MC38 McAlpine Creek Sardis Rd. Bridge, Between Sardis Ln. & Sardis Rd. N.
MC40A Fourmile Creek Elm Ln. Bridge, S. of Hwy. 51
MC42 McMullen Creek Sharon View Rd. Bridge, Between Sharon Rd. & Colony Rd.
MC45 McAlpine Creek McAlpine Creek WWTP
MC47A Steele Creek Carowinds Blvd. Culvert, W. of Carowinds Amusement Park
MC49A Little Sugar Creek Hwy. 51 Bridge, W. of Carolina Place Mall
MC51 Sixmile Creek Marvin Rd. Bridge, S. of Chamberlin Rd.

10.3 Water Quality Monitoring Implementation

The City implements the plan to conduct quarterly fixed interval monitoring at the 15 specified
monitoring sites. Following completion of monitoring activities at the end of each permit
reporting year (June 30th), monitoring data is analyzed to assess whether water quality trends can
be detected, which may help gauge the effectiveness of certain programs such as Illicit Discharge
Detection and Elimination.

10.4 Water Quality Assessment and Monitoring Plan Revisions

The City reviews the monitoring program annually as part of the data analysis and annual report
process to determine if any revisions to the plan are necessary based on the past year’s
assessment and monitoring activities. If revisions are necessary, the Cit y revises the monitoring
plan and submits the revisions to the NCDEQ- DEMLR for review and approval.

10.5 Measurable Goals

Table 10-4 describes the various Water Quality Assessment and Monitoring Program BMPs and
the Measurable Goals for each BMP by permit term year.

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Table 10-4: BMP Measurable Goals for the Water Quality Assessment and Monitoring Program.
BMP BMP Description Measurable Goals
FY2020 FY2021 FY2022 FY2023 FY2024
Water Quality
Assessment and
Monitoring Plan
Maintain a Water Quality Assessment and
Monitoring Plan. The Plan shall include a
schedule for implementing the proposed
assessment and monitoring activities.

Maintain the WQ Assessment &
Monitoring Plan and update as
necessary.
Maintain the WQ Assessment &
Monitoring Plan and update as
necessary.
Maintain the WQ Assessment &
Monitoring Plan and update as
necessary.
Maintain the WQ Assessment &
Monitoring Plan and update as
necessary.
Maintain the WQ Assessment &
Monitoring Plan and update as
necessary.
Water Quality
Monitoring
Maintain and implement the Water Quality
Assessment and Monitoring Plan submitted
to DEMLR.

Maintain and implement the monitoring
plan and conduct WQ assessment and
monitoring activities per the plan.
Maintain and implement the monitoring
plan and conduct WQ assessment and
monitoring activities per the plan.
Maintain and implement the monitoring
plan and conduct WQ assessment and
monitoring activities per the plan.
Maintain and implement the monitoring
plan and conduct WQ assessment and
monitoring activities per the plan.
Maintain and implement the
monitoring plan and conduct WQ
assessment and monitoring activities
per the plan.

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10.6 Program Assessment

The overall success of the Water Quality Assessment and Monitoring Program is evaluated
through the successful implementation of the components of the program and reported with each
NPDES MS4 annual report. In addition, success is also typically evaluated by the following:

• Number of stream sites monitored;
• Number of samples collected;
• Number of parameters analyzed; and
• Number of problems discovered and resolved.

Section 11: Total Maximum Daily Load (TMDL) Program

The City will continue to fulfill the NPDES MS4 permit requirements regarding the TMDL
Program by implementing the following BMPs within the six minimum NPDES MS4 permit
measures. The BMPs are designed to reduce the TMDL pollutant of concern within the TMDL
assigned MS4 NPDES regulated waste load allocation to the maximum extent practicable (MEP)
within the impaired water bodies in the City’s jurisdiction that are subject to approved TMDLs.

The following sub-sections explain:

• The BMPs intended to meet program requirements;
• Integral components of the program; and
• Measures of success.

11.1 BMP Summary Table

Table 11-1 provides information concerning the BMPs intended to meet the TMDL Program
requirements.

Table 11-1: BMP Summary Table for Total Maximum Daily Load (TMDL) Program
BMP

BMP Description Schedule (years) Responsible
Position 1 2 3 4 5
Identify, describe
and map
watershed, outfalls,
and streams

Maintain the existing TMDL plan that:
• Identifies the watershed(s) subject to an
approved TMDL with an approved Waste Load
Allocation (WLAs) assigned to the permittee,
• Includes a description of the watershed(s),
• Includes a map of watershed(s) showing streams
& outfalls
• Identifies the locations of currently known major
outfalls within its corporate limits with the
potential of contributing to the cause(s) of the
impairment to the impaired segments, to their
tributaries, and to segments and tributaries
X X X X X Water Quality
Program
Manager
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within the watershed contributing to the
impaired segments and
• Includes a schedule to discover and locate other
major outfalls within its corporate limits that
may be contributing to the cause of the
impairment to the impaired stream segments, to
their tributaries, and to segments and tributaries
within the watershed contributing to the
impaired segments.
Existing measures

Ensure the TMDL plan:
• Describes existing measures being implemented
by the Permittee designed to achieve the MS4’s
NPDES WLA and to reduce the TMDL pollutant
of concern to the MEP within the watershed to
which the TMDL applies; and
• Provides an explanation as to how those
measures are designed to reduce the TMDL
pollutant of concern.
X X X X X Water Quality
Program
Manager
Assessment of
available
monitoring data
Ensure that the TMDL plan includes an assessment
of available monitoring data. Where long-term data
is available, this assessment should include an
analysis of the data to show trends.
X X X X X Water Quality
Program
Manager
Monitoring Plan

Implement the TMDL monitoring plan developed by
the Permittee.
X X X X X Water Quality
Program
Manager
Implementation
Plan
Ensure the TMDL plan:
• Describes the measures to be implemented
within the remainder of the permit term
designed to achieve the MS4’s NPDES
WLA and to reduce the TMDL pollutant of
concern to the MEP and
X X X X X Water Quality
Program
Manager
Incremental
Success

The permittee’s plan must outline ways to track and
report successes designed to achieve the MS4’s
NPDES regulated WLA and to reduce the TMDL
pollutant of concern to MEP within the watershed to
which the TMDL applies.
X X X X X Water Quality
Program
Manager
Reporting The permittee shall conduct and submit to the
Division an annual assessment of the program
designed to achieve the MS4’s NPDES WLA and to
reduce the TMDL pollutant of concern to the MEP
within the watershed to which the TMDL applies.
Any monitoring data and information generated from
the previous year are to be submitted with each
annual report.
X X X X X Water Quality
Program
Manager

11.2 TMDL Watershed Plan

During February 2015, the City developed a TMDL watershed plan for the applicable identified
watersheds that are subject to an approved TMDL within the City’s jurisdiction as defined in
Part II, Sec J.1 and J.2 within the City’s current NPDES MS4 permit. The plan utilizes BMPs as
outlined in the permit within the six minimum NPDES MS4 permit measures that are designed to
reduce the TMDL pollutant of concern within the TMDL assigned MS4 NPDES regulated waste
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load allocation to the MEP. In addition, per Part II, Sec J.3 within the City’s current NPDES
MS4 permit, the plan addresses the pollutant of concern for approved TMDLs that do not assign
a waste load allocation for the pollutant of concern to the municipal stormwater system by
evaluating strategies and tailoring BMPs within the scope of the six minimum permit measures
to address the pollutant of concern to the MEP in the watershed(s) to which the TMDL
applies. The plan was subsequently updated during February 2016 and February 2017 with the
current plan available for view at the City’s website, see:
http://charlottenc.gov/StormWater/SurfaceWaterQuality/Documents/CLT%20NPDES%20MS4
%20TMDL%20Watershed%20Plan%20Updates%20-%20Feb%202017%20-%20FINAL.pdf

As of March 2019, all approved TMDLs that include water bodies within the City’s jurisdiction
are addressed in the TMDL plan.

11.2.1 TMDL Watershed Identification

Section 303(d) of the federal Clean Water Act requires States to identify and establish a priority
ranking for water bodies that do not meet applicable water quality standards (303(d) list),
establish TMDLs for the pollutants causing impairment of these water bodies, and submit the list
of impaired waters and TMDLs to the U.S. EPA. The TMDL process establishes the allowable
loadings of pollutants or other quantifiable parameters for a water body based on the relationship
between pollution sources and in-stream water quality conditions. The TMDL process is used by
States to establish water quality based controls to reduce pollutants from point and non-point
sources and restore and maintain the quality of the water resources in compliance with applicable
standards. In addition to the 303(d) list, the federal Clean Water Act requires States to submit a
report describing how well water bodies support designated uses (e.g. swimming, aquatic life
support, water supply), as well as likely causes and potential sources of impairment (305(b) list).

For this sub-section, the North Carolina Assessment and Impaired Waters List (2016 303(d) List)
was used to identify the use support ratings of the water bodies in the City as well as those water
bodies not meeting applicable water quality standards and requiring TMDL development. This
information is summarized in Tables 11-2, 11-3, and 11-4. A total of 16 water bodies with
watershed areas partially or fully in the City and/or City ETJ are identified on the 303(d) list as
impaired and not meeting established water quality standards. Figure 11-1 identifies the
locations of these impaired stream sections in the City. Table 11-2 and Figure 11-2 show the
surface waters with an approved TMDL.

Table 11-2: City of Charlotte Streams with Approved TMDLs
Receiving Stream
Name
WQ
Classification
TMDL Approved TMDL Pollutant of Concern
Irwin Creek C March 2002 Fecal Coliform
Irwin Creek C February 2005 Turbidity
Irwin Creek C February 1996 Dissolved Oxygen
Lake Wylie WS-IV, B, CA February 1996 Total Phosphorus, Total Nitrogen
Little Sugar Creek C March 2002 Fecal Coliform
Little Sugar Creek C February 2005 Turbidity
Little Sugar Creek C February 1996 Dissolved Oxygen
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Receiving Stream
Name
WQ
Classification
TMDL Approved TMDL Pollutant of Concern
Long Creek C February 2005 Turbidity
McAlpine Creek C March 2002 Fecal Coliform
McAlpine Creek C February 2005 Turbidity
McAlpine Creek C February 1996 Dissolved Oxygen
McKee Creek C August 2003 Fecal Coliform
Steele Creek C May 2007 Fecal Coliform
Sugar Creek C March 2002 Fecal Coliform
Sugar Creek C February 2005 Turbidity
Source: 2017 NCDEQ – Division of Water Resources website:
http://deq.nc.gov/about/divisions/water-resources

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FIGURE 11-1
Charlotte Impaired Streams

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Figure 11-2
Charlotte Approved TMDL Streams

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Approximately two-thirds of the City of Charlotte land area drains west in the Catawba River
Basin while the remaining one-third drains east in the Yadkin-Pee Dee River Basin. MS4
receiving stream information by river basin is provided in Table 11-3 (Catawba) and Table 11-4
(Yadkin-Pee Dee). The information for the development of these tables was obtained from the
2016 Category 5 303(d) List. The location of the watershed areas in the City of Charlotte is
illustrated in Section 2, Figure 2-1.

Table 11-3: Catawba River Basin Streams
Receiving Stream
Name
Stream Segment
Index #
WQ
Classification
Use Support Rating WQ Issues
(303(d) Listing)
Catawba River
(Mountain Island
Lake below
elevation 648)
11-(114) WS-IV, B, CA Impaired PCB Fish Tissue Advisory(5)
Catawba River
(Lake Wylie below
elevation 570)
11-(117) WS-IV-CA Impaired PCB Fish Tissue Advisory(5)
Catawba River
(Lake Wylie below
elevation 570)
11-(122) WS-IV, B, CA Impaired PCB Fish Tissue Advisory(5)
Catawba River
(Lake Wylie below
elevation 570)
11-(123.5) WS-IV, B Impaired PCB Fish Tissue Advisory(5)
Long Creek 11-120-(0.5) C Not Rated None
Long Creek 11-120-(2.5) WS-IV Not Rated None
Dixon Branch 11-120-1 C Not Rated None
McIntyre Creek 11-120-3-(1) C Not Rated None
McIntyre Creek 11-120-3-(2) WS-IV Not Rated None
Gutter Branch 11-120-4-(1) C Not Rated None
Gutter Branch 11-120-4-(2) WS-IV Not Rated None
Gum Branch 11-120-5 WS-IV Not Rated None
Paw Creek 11-124 C Not Rated None
Ticer Branch 11-124-1 C Not Rated None
Little Paw Creek 11-125 C Not Rated None
Beaverdam Creek 11-126 C Not Rated None
Stowe Branch 11-127 C Not Rated None
Porter Branch 11-133 C Not Rated None
Studman Branch 11-134 C Not Rated None
Sugar Creek Portions of 11-
137a,b,c
C Impaired Copper (5); Fecal Coliform (4t);
Turbidity (1t); Benthos
Impairment(5)
Irwin Creek 11-137-1 C Impaired Dissolved Oxygen (1t); Copper
(5); Lead (5); Zinc (5); Fecal
Coliform (4t); Turbidity (4t)
Stewart Creek 11-137-1-2 C Not Rated None
Taggart Creek 11-137-2 C Not Rated None
Coffey Creek 11-137-4 C Not Rated None
Kings Branch 11-137-6 C Not Rated None

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Receiving Stream
Name
Stream Segment
Index #
WQ
Classification
Use Support Rating WQ Issues
(303(d) Listing)
Little Sugar Creek 11-137-8 C Impaired Copper(5) Mercury(5)
Turbidity(1t) Dissolved
Oxygen(1t); Fecal Coliform (4t);
Benthos and fish
impairment(4s)
Dairy Branch 11-137-8-1 C Not Rated None
Briar Creek 11-137-8-2 C Not Rated None
Edwards Branch 11-137-8-2-1 C Not Rated None
Little Hope Creek 11-137-8-3 C Not Rated None
McAlpine Creek 11-137-9 C Impaired Dissolved Oxygen(1t); Fecal
Coliform (4t);Turbidity (1t);
Benthos and fish impairment(5)
Campbell Creek 11-137-9-1 C Not Rated None
Irvins Creek 11-137-9-2 C Not Rated None
Fourmile Creek 11-137-9-4 C Not Rated None
Rocky Branch 11-137-9-4-1 C Not Rated None
McMullen Creek 11-137-9-5 C Impaired Benthos impairment(5)
Steele Creek 11-137-10 C Not Rated None**
Walker Branch 11-137-10-1 C Not Rated None
Polk Ditch 11-137-10-1-1 C Not Rated None
Clems Branch 11-137-11 C Not Rated None
Sixmile Creek 11-138-3 C Impaired Fish impairment(5)
Twelvemile Creek 11-138 C Impaired Dissolved Oxygen(5);
Copper(5); Turbidity(5); Fish
impairment(4s)
Flat Branch 11-138-3-2 C Not Rated None

Table 11-4: Yadkin-Pee Dee River Basin Streams
Receiving Stream
Name
Stream Segment
Index #
WQ
Classification
Use Support Rating WQ Issues
(303(d) Listing)
Mallard Creek 13-17-5b C Impaired Copper(5)
Clarks Creek 13-17-5-2 C Impaired Benthos impairment(5)
Doby Creek 13-17-5-3 C Impaired Benthos impairment(5)
Toby Creek 13-17-5-4 C Impaired Benthos impairment(5)
Stony Creek 13-17-5-5 C Impaired Benthos impairment(5)
Back Creek 13-17-7 C Impaired Benthos impairment(5)
Fuda Creek 13-17-7-1 C Not Rated None
Reedy Creek 13-17-8 C Impaired Benthos impairment(5)*
McKee Creek 13-17-8-4 C Impaired Fecal Coliform(4t); Benthos
impairment(5)
Use Support Ratings
(1t) No criteria exceeded but approved TMDL for parameter of interest
(4s) Impaired biological integrity with an identified Aquatic Life Standards Violation listed in Category 5
(4t) Designated use impaired with an approved TMDL
(5) Designated use impaired because of biological or ambient water quality standards violations and needing a TMDL
** Listed as impaired on South Carolina 303(d) list for Fecal Coliform; TMDL developed May 2007.

Source: North Carolina’s 2016 303(d) Report

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11.2.2 Outfall Identification for TMDL Watersheds

The City maintains an existing outfall inventory system in GIS, which is routinely updated. This
inventory has been reviewed and a GIS coverage has been created that shows existing outfalls
within the TMDL watersheds that have the potential of contributing to the cause(s) of
impairment. Outfalls in the inventory include those that discharge directly to the impaired
segment as well as its tributaries. In addition, stream walking efforts are implemented as needed
to assess existing outfalls for potential discharges and to update the outfall inventory where
necessary. Maps showing the existing outfall inventory are included within the TMDL
watershed plan available for view at the City’s website discussed in section 11-2.

11.3 Identification of Existing Measures

As part of the TMDL watershed plan, existing programs and measures have been identified,
which are currently in use within the City’s NPDES MS4 permit program. The programs and
measures are designed to address the assigned MS4 NPDES regulated WLA and to reduce the
TMDL pollutant of concern to the MEP within the watershed to which the TMDL applies. The
plan also provides an explanation about how those measures are designed to reduce the TMDL
pollutant of concern. These measures are discussed within the TMDL watershed plan available
for view at the City’s website discussed in section 11-2.

11.4 Assessment of Available Monitoring Data

As part of the TMDL watershed plan, existing TMDL pollutant of concern monitoring data for
the identified TMDL watersheds is reviewed and analyzed. Current and historical data are also
utilized to determine trends, where possible. The data is discussed within annual reports and the
TMDL watershed plan available for view at the City’s website discussed in section 11-2.

11.5 Monitoring Plan for Assigned MS4 NPDES Regulated Waste Load Allocation (WLA)

The City maintains a monitoring plan within the TMDL watershed plan that addresses each
pollutant of concern with an assigned MS4 NPDES regulated WLA within each watershed with
an approved TMDL within the City’s jurisdiction. The purpose of the monitoring plan is to
guide activities for data collection and assessment of pollutants of concern as well as to evaluate
the effectiveness of achieving the regulated WLA identified within the TMDL. The monitoring
plan is discussed within the TMDL watershed plan available for view at the City’s website
discussed in section 11-2.

11.6 Implementation Plan for Additional Measures

As part of the TMDL watershed plan, an implementation plan and schedule have been developed
which describe programs and measures to be implemented within the City’s MS4 permit
program that are designed to achieve the assigned MS4 NPDES regulated WLA and to reduce
the TMDL pollutant of concern to the MEP within the watershed to which the TMDL applies.
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The implementation plan is discussed within the TMDL watershed plan available for view at the
City’s website discussed in section 11-2.

11.7 Tracking Incremental Success

As part of the TMDL watershed plan, a methodology has been developed for tracking and
reporting successes within the City’s MS4 permit program that are designed to achieve the
assigned MS4 NPDES regulated WLA and to reduce the TMDL pollutant of concern to the MEP
within the watershed to which the TMDL applies.

11.8 Measurable Goals

Table 11-5 describes the various Total Maximum Daily Load (TMDL) Program BMPs and the
Measurable Goals for each BMP by permit term year.

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Table 11-5: BMP Measurable Goals for Total Maximum Daily Load (TMDL) Program.
BMP BMP Description Measurable Goals
FY2020 FY2021 FY2022 FY2023 FY2024
Identify, describe and
map watershed,
outfalls, and streams

Maintain the existing TMDL plan that:
• Identifies the watershed(s) subject to an
approved TMDL with an approved
Waste Load Allocation (WLAs)
assigned to the permittee,
• Includes a description of the
watershed(s),
• Includes a map of watershed(s)
showing streams & outfalls
• Identifies the locations of currently
known major outfalls within its
corporate limits with the potential of
contributing to the cause(s) of the
impairment to the impaired segments,
to their tributaries, and to segments and
tributaries within the watershed
contributing to the impaired segments
and
• Includes a schedule to discover and
locate other major outfalls within its
corporate limits that may be
contributing to the cause of the
impairment to the impaired stream
segments, to their tributaries, and to
segments and tributaries within the
watershed contributing to the impaired
segments.
Update TMDL Watershed Plan as
necessary.
Update TMDL Watershed Plan as
necessary.
Update TMDL Watershed Plan as
necessary.
Update TMDL Watershed Plan as
necessary.
Update TMDL Watershed Plan as
necessary.
Existing measures

Ensure the TMDL plan:
• Describes existing measures being
implemented by the Permittee designed
to achieve the MS4’s NPDES WLA
and to reduce the TMDL pollutant of
concern to the MEP within the
watershed to which the TMDL applies;
and
• Provides an explanation as to how those
measures are designed to reduce the
TMDL pollutant of concern.
Continue to implement existing
measures per TMDL plan.
Continue to implement existing
measures per TMDL plan.
Continue to implement existing
measures per TMDL plan.
Continue to implement existing
measures per TMDL plan.
Continue to implement existing
measures per TMDL plan.
Assessment of
available monitoring
data
Ensure that the TMDL plan includes an
assessment of available monitoring data.
Where long-term data is available, this
assessment should include an analysis of the
data to show trends.
Continue to review and assess
monitoring data as it becomes
available.
Continue to review and assess
monitoring data as it becomes
available.
Continue to review and assess
monitoring data as it becomes
available.
Continue to review and assess
monitoring data as it becomes available.
Continue to review and assess
monitoring data as it becomes
available.
Monitoring Plan

Implement the TMDL monitoring plan
developed by the Permittee.
Complete monitoring activities
specified in the plan. Assess
monitoring data collected under the
monitoring plan to determine
effectiveness of BMPs, if possible.
Update monitoring plan as necessary
based on data review and assessment
activities.
Complete monitoring activities
specified in the plan. Assess
monitoring data collected under the
monitoring plan to determine
effectiveness of BMPs, if possible.
Update monitoring plan as necessary
based on data review and assessment
activities.
Complete monitoring activities
specified in the plan. Assess
monitoring data collected under the
monitoring plan to determine
effectiveness of BMPs, if possible.
Update monitoring plan as necessary
based on data review and assessment
activities.
Complete monitoring activities specified
in the plan. Assess monitoring data
collected under the monitoring plan to
determine effectiveness of BMPs, if
possible. Update monitoring plan as
necessary based on data review and
assessment activities.
Complete monitoring activities
specified in the plan. Assess
monitoring data collected under the
monitoring plan to determine
effectiveness of BMPs, if possible.
Update monitoring plan as necessary
based on data review and assessment
activities.
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Implementation Plan Ensure the TMDL plan:
• Describes the measures to be
implemented within the remainder
of the permit term designed to
achieve the MS4’s NPDES WLA
and to reduce the TMDL pollutant
of concern to the MEP and
Continue to implement BMP measures
per the plan.
Continue to implement BMP measures
per the plan.
Continue to implement BMP measures
per the plan.
Continue to implement BMP measures
per the plan.
Continue to implement BMP measures
per the plan.
Incremental Success

The permittee’s plan must outline ways to
track and report successes designed to
achieve the MS4’s NPDES regulated WLA
and to reduce the TMDL pollutant of
concern to MEP within the watershed to
which the TMDL applies.
Continue to track and report successes
per the plan.
Continue to track and report successes
per the plan.
Continue to track and report successes
per the plan.
Continue to track and report successes
per the plan.
Continue to track and report successes
per the plan.
Reporting The permittee shall conduct and submit to
the Division an annual assessment of the
program designed to achieve the MS4’s
NPDES WLA and to reduce the TMDL
pollutant of concern to the MEP within the
watershed to which the TMDL applies. Any
monitoring data and information generated
from the previous year are to be submitted
with each annual report.
Prepare an annual assessment of
activities and data analysis for the
TMDL watershed plan. Provide this
information in the NPDES MS4 permit
annual report.
Prepare an annual assessment of
activities and data analysis for the
TMDL watershed plan. Provide this
information in the NPDES MS4 permit
annual report.
Prepare an annual assessment of
activities and data analysis for the
TMDL watershed plan. Provide this
information in the NPDES MS4 permit
annual report.
Prepare an annual assessment of
activities and data analysis for the
TMDL watershed plan. Provide this
information in the NPDES MS4 permit
annual report.
Prepare an annual assessment of
activities and data analysis for the
TMDL watershed plan. Provide this
information in the NPDES MS4
permit annual report.

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11.9 Program Assessment and Reporting

The overall success of the TMDL Program is evaluated through the successful implementation of
the components of the program and reported with each NPDES MS4 annual report. In addition,
success is also typically evaluated by the number of BMPs implemented within the TMDL
watershed plan. Program assessment will be reported with each NPDES MS4 annual report
discussing the activities completed in this section for the previous program fiscal year.

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APPENDIX A

City of Charlotte Organizational Charts

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APPENDIX B

City of Charlotte Stormwater Pollution Control Ordinance

ORDINANCE NO. 3941 AMENDING CHAPTER 18

AN ORDINANCE AMENDING CHAPTER 18 OF THE CHARLOTTE CITY CODE
ENTITLED “STORMWATER POLLUTION CONTROL ORDINANCE”

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHARLOTTE, NORTH
CAROLINA THAT:

Section 1: Sections 18-76 through 18-88 of the City Code are amended to read as follows:

Sec. 18-76. Statutory and general authorization.

The State legislature has, in G.S. 160A-459, authorized cities to adopt and enforce a Stormwater
control ordinance to protect water quality and control water quantity.

As a result, the City of Charlotte (“City”) implements, administers, and enforces the provisions
of the Charlotte Stormwater Ordinance (“Ordinance”). Charlotte-Mecklenburg Storm Water
Services (“CMSWS”) is a duly authorized representative of the City in the administration,
implementation and enforcement of the Charlotte Stormwater Ordinance and is thereby entitled
to all the rights granted to the City.

Sec. 18-77. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Business Day means any day that CMSWS is open to the public to conduct business.
Charity Vehicle Washing means vehicle or equipment washing performed to raise money to be
used for purposes other than making a profit.
Charlotte-Mecklenburg Storm Water Services or CMSWS means staff of the City of Charlotte
and Mecklenburg County Stormwater Services, both of which work to improve water quality and
manage water quantity for all residents of Mecklenburg County.
City means the City of Charlotte.
Commercial means property devoted in whole or part to commerce, that is, the exchange and
buying and selling of commodities or services.
Day(s) means calendar days, including Saturdays, Sundays and holidays, unless otherwise
specified.
Discharge means the addition of any Pollutant either directly or indirectly to the Stormwater
System or Waters of the State.
EPA means the U.S. Environmental Protection Agency or other duly authorized official of the
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agency.
Illicit Connection means any physical connection, actual or potential flow discharge, or other
condition that could allow Non-Stormwater to enter the Stormwater System.
Illicit Discharge means any discharge not composed entirely of Stormwater that may directly or
indirectly enter the Stormwater System or Waters of the State, except as exempted in Section 18-
81 of this article.
Illicit Disposal means the same as Illicit Discharge.
Improper Disposal means the releasing of matter or fluids other than atmospheric precipitation at
a location where the matter or fluid can enter the Stormwater System.
Incidental means occurring by chance or without intention or calculation; also minor, casual or
subordinate in significance or nature.
Industrial means a business engaged in industrial production or service, that is, a business
characterized by manufacturing or productive enterprise or a related service business.
Manager means the person designated by the City to manage Stormwater Services and who is
charged with certain duties and responsibilities by this article, or that person's duly authorized
representative.
NC DENR means the North Carolina Department of Environment and Natural Resources.
NCGS means North Carolina General Statute.
Non-Stormwater means any flow that is not from a form of natural precipitation.
NPDES permit means the National Pollutant Discharge Elimination System Permit issued
pursuant to the federal Clean Water Act, 33 USC 1251 et seq.
Person means any individual, partnership, firm, association, company, trust, estate, corporation,
commission, institution, utility, governmental entity or other legal entity or their legal
representatives, agents or assigns.
Pollutant means a substance that alters the chemical, physical, biological, thermal and/or
radiological integrity of Stormwater, groundwater or surface water.
Pollution and Polluted mean containing Pollutants.
Receiving Stream means the body of water, stream or watercourse receiving the discharge
waters from the Stormwater System, or formed by the water discharged from the Stormwater
System.
Riparian means relating to or living or located on the bank of a natural watercourse or water
body.
Runoff means the excess portion of precipitation that does not infiltrate the ground, but flows
over the ground and into a conveyance or watercourse.
State, when referring to regulatory authority, means the NC Department of Environment and
Natural Resources or any duly authorized representative thereof; otherwise, it means the State of
North Carolina.
Stormwater means any flow occurring during or following any form of natural precipitation and
resulting there from.
Storm Water Advisory Committee (“SWAC”) means the Charlotte-Mecklenburg Stormwater
Advisory Committee as established by the joint resolution of the City of Charlotte Council and
the Board of Mecklenburg County Commissioners, together with any amendments thereto.
Stormwater System means the network of curbs, gutters, inlets, pipes, ditches, swales, ponds,
detention and retention basins, streams, and other natural or manmade facilities and
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appurtenances that serve to collect and convey Stormwater through and from a given drainage
area.
Uncontaminated means not containing any Pollutants.
Unmodified Potable Water means tap water that has not had detergents, acids, degreasers,
surfactants or other agents added to or mixed with it, regardless of whether the added agent is
labeled as or generally considered to be biodegradable.
Wash Water is a subset of Wastewater, and means any water or liquid discharged after and as a
result of conducting washing or cleaning activity.
Wastewater means any water or other liquid, other than Uncontaminated Stormwater or
Uncontaminated Potable Water, discharged from a facility after use. Examples include water
used for washing, flushing, cleaning, or in a manufacturing process.
Waters of the State, as defined in NCGS §143-212(6), means any intermittent or perennial
stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir, waterway, or other
body or accumulation of water, whether surface or underground, public or private, or natural or
artificial, that is contained in, flows through, or borders upon any portion of this State, including
any portion of the Atlantic Ocean over which the State has jurisdiction.

Sec. 18-78. Purpose.

The purpose of this article is to protect water quality by controlling the level of Pollutants in the
Stormwater System and making it illegal for certain Pollutants to enter the Stormwater System.
This article is supplemental to and in no way replaces regulations administered by the State or
federal government.

The objectives of this article are:
(1) To regulate the contribution of Pollutants to the municipal Stormwater System;
(2) To prohibit Illicit Connections and Illicit Discharges to the municipal Stormwater System;
and
(3) To establish legal authority to carry out all inspection, surveillance, monitoring, enforcement
and penalty procedures necessary to ensure compliance with this article.

Sec. 18-79. Jurisdiction.

The provisions of this article shall apply to the area encompassed within the City of Charlotte
corporate limits.

Sec. 18-80. Prohibitions.

a. Illicit Discharge(s) and Disposal(s).

No Person shall cause or allow the discharge or disposal of Non-Stormwater, either directly or
indirectly, to the Storm Water System, Waters of the State, or upon the land in a manner or
amount that is likely to reach the Stormwater System or Waters of the State except as described
below in Section 18-81. Examples of Illicit Discharges and Illicit Disposals include, but are not
limited to: oil; grease; household and Industrial chemical waste; paint; paint Wash Water;
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garbage; yard waste; animal waste; food waste; chlorinated swimming pool water; concrete;
concrete equipment Wash Water; Commercial vehicle Wash Water; heated water;
soaps/detergents; sediment/silt or any other discarded or abandoned substances or waste
materials.

b. Illicit Connection(s).

No Person shall install, maintain or use any connection to the municipal Stormwater System or
Waters of the State for the discharge of Non-Stormwater or shall cause Non-Stormwater to be
discharged or conveyed through a connection to the Stormwater System or Waters of the State
unless the discharge is a permitted discharge listed in Section18-81.

This prohibition expressly includes, without limitation, Illicit Connections made in the past,
regardless of whether the connection was permissible under law or practices applicable or
prevailing at the time of connection.

Examples of Illicit Connections include, but are not limited to:
(1) Wastewater lines such as those from washing machines or sanitary sewers; and
(2) Pipes or drains carrying Wastewater or Wash Water from a building, operation or property.

c. Accidental Discharge(s).

If an accidental discharge to the municipal Stormwater System occurs, the responsible Person
shall immediately begin to collect and remove the discharge and restore all affected areas to their
pre-discharge condition. The responsible Person shall immediately notify CMSWS, and other
authorities as appropriate, of the accidental discharge by telephone or other mode of
instantaneous communication. The notification shall include the location of the discharge, type
of Pollutant, volume, time of discharge and corrective action taken. Such notification shall not
relieve the responsible Person of any of the expenses related to restoration, loss, damages or any
other liability that may be incurred as a result; nor shall such notification relieve the responsible
party from other liability that may be imposed by this article or other applicable law.

d. Obstruction a Violation.

Obstruction, as outlined in Section18-82(d) of this article, shall be a violation. Said violation
may be enforced against the violator as a discrete violation of this article or as a factor in
conjunction with other enforcement remedies and penalties.

Sec. 18-81. Permitted Incidental Non-Stormwater Flows.

Stormwater is the only discharge permitted in the Stormwater System with exception of
Incidental Non-Stormwater flows that do not negatively impact the quality of the receiving
stream. Incidental Non-Stormwater flows include:
(1) Water line flushing, except super-chlorinated water line flushing;
(2) Landscape irrigation;
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(3) Diverted stream flows;
(4) Uncontaminated groundwater infiltration (as defined at 40 CFR §35.2005(20));
(5) Uncontaminated, pumped groundwater;
(6) Rising groundwaters;
(7) Discharges from Uncontaminated potable water sources;
(8) Collected infiltrated Stormwater from foundation drains or footing drains;
(9) Air conditioning condensate from residential or Commercial units;
(10) Irrigation water (does not include reclaimed water as described in 15A NCAC 2H .0200);
(11) Uncontaminated springs;
(12) Uncontaminated, collected groundwater and infiltrated Stormwater from basement or
crawl space pumps;
(13) Lawn watering;
(14) Dechlorinated swimming pool discharge;
(15) Street Wash Water only when Unmodified Potable Water is used;
(16) Flows from emergency fire and rescue operations other than those resulting from
negligence on the part of the Person who owned or controlled the Pollutant;
(17) Residential and Charity Vehicle Washing (*see note below);
(18) Flows from Riparian habitats and wetlands;
(19) NPDES permitted discharges authorized by the EPA or NC DENR;
(20) Dye testing, using suitable dyes, for verifying cross-connections, tracing plumbing lines,
determining flow direction or rate and for similar purposes, provided that verbal
notification by non-governmental entities is provided to CMSWS prior to testing; and
(21) Removal of Stormwater System blockages with Unmodified Potable Water.

* Designated vehicle wash areas at multi-family residential complexes are not allowed if they
connect, directly or indirectly, to the Stormwater System or surface waters. Charity Vehicle
Washing performed by the same organization or at the same location on a routine basis (more
than one time in a thirty-day period) is not allowed under this article.

Sec. 18-82. Powers and Authority for Inspection.

a. Authority to inspect and monitor.

CMSWS personnel, bearing proper identification, may enter public or private properties at all
reasonable times to inspect, investigate, or monitor activities and conditions subject to this
article. Persons occupying premises to be inspected shall allow CMSWS ready access at all
times to all parts of the premises to perform inspection, monitoring, records examination,
copying, photography, video recording or other duties. CMSWS shall have the right to set up on
the Person's property such devices as are necessary to conduct sampling, inspection, compliance
monitoring and/or metering operations. Where a Person has security measures in force that
would require identification and clearance before entry into the premises, the Person shall make
arrangements with security personnel so that, upon presentation of identification, personnel from
CMSWS will be permitted to enter and perform their specific responsibilities without delay.
Denial of CMSWS' access to the Person’s premises or portions thereof shall be a violation of this
article. Denial of access may also occur if a Person fails to provide, without unreasonable delay,
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such facilities, equipment, or devices as are reasonably necessary to permit CMSWS personnel
to perform their duties in a safe manner. Unreasonable delays may constitute denial of access.
Any delay of more than five minutes may be considered unreasonable.

b. Search warrants.

To the extent permitted by law, CMSWS may seek the issuance of a search warrant to determine
compliance with this article.

c. Confidential information.

(1) To the extent permitted by applicable law and except as otherwise provided in this section,
information and data on a Person obtained from reports, questionnaires, permit applications,
permits, monitoring programs and inspections shall be available to the public or other
government agencies without restriction, unless the Person specifically requests, and is able to
demonstrate to the satisfaction of CMSWS, that the release of such information would divulge
information, processes or methods of production entitled to protection as trade secrets of the
Person. Any such request must be asserted at the time of submission of the information or data.
(2) To the extent permitted by applicable law, when requested by a Person furnishing a report,
the portions of a report that might disclose trade secrets or secret processes shall not be made
available for inspection by the public, but shall be made available upon request to governmental
agencies for uses related to this article provided, however, that such portions of a report shall be
available for use by the State or any State agency in judicial review or enforcement proceedings
involving the Person furnishing the report.
(3) Documents that are not public records and the information set forth therein may be withheld
and released only as provided by applicable law.

d. Obstruction.

No person shall obstruct, hamper, or interfere with CMSWS while carrying out official duties.
Upon presentation of credentials by CMSWS, necessary arrangements shall be made to allow
immediate access onto premises or into an area protected by security measures. Any obstruction
to the safe and easy access to property, a facility or enclosure on property, or to monitoring
devices shall immediately be removed. Unreasonable delays in providing safe and reasonable
access or removing obstructions shall be a violation of this article.

Sec. 18-83. Enforcement remedies and penalties.

a. Remedies not limited.

The remedies provided herein are not exclusive; may be exercised singly, simultaneously, or
cumulatively; may be combined with any other remedies authorized under the law; and may be
exercised in any order.

b. Notice of violation and meeting with CMSWS.
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(1) Content of notice.

Except in emergencies, as described in Section18-83(k), upon CMSWS’s determination that a
violation has occurred, CMSWS shall provide to each Person against whom remedial action or
penalties may be pursued, notice that describes: a) the location of the property and the nature of
the violation; b) a general description of the remedies and penalties that may be incurred; c) the
action(s) needed to correct the violation, which shall include a requirement to restore areas
affected by the violator’s discharge(s) to the pre-violation condition; d) the time limit, if
required, by which corrective actions must occur; e) how to provide explanatory or additional
information to CMSWS and a contact Person with whom the violation can be discussed; and f)
how to request a meeting with CMSWS for certain violations as described in Section 18-83(b)(3)
below. The notice shall also require the violator to provide written notification explaining
actions taken to correct the violation and to prevent future violations. Only one such notice shall
be required to each violator, regardless of the number of remedies or penalties that are pursued or
the timing of their institution. In addition, no time period for compliance need be given for
obstructing, hampering or interfering with an authorized representative while in the process of
carrying out duties under this article.

Said notice shall further advise the violator that should the violator fail to remediate or restore
the affected area(s) within the established deadline, the restoration work may be done by
CMSWS or a contractor designated by CMSWS pursuant to Section18-83(j), and the expense
thereof shall be charged to the violator.

(2) Service.

The notice may be served by mail, hand delivery, verbally, or by any means authorized under
N.C.G.S. 1A-1, Rule 4 of the North Carolina Rules of Civil Procedure. Refusal to accept the
notice shall not relieve the violator’s obligation to comply with this article.

(3) Meeting with CMSWS.

If the violator makes a timely request for a meeting with CMSWS during the time period set
forth in the notice, such meeting shall be scheduled at a time determined in the discretion of
CMSWS prior to imposing a civil penalty, compliance order, or cease and desist order; or prior
to withholding an inspection, permit, certificate of occupancy or other approval. The violator
shall have the opportunity to present any information relevant to the violation or proposed
remedy or penalty at the meeting, in writing or orally.

c. Civil penalties.

(1) Any Person who allows, acts in concert, participates, directs, or assists directly or indirectly
in the creation of a violation of this article is subject to a civil penalty. A civil penalty may be
assessed from the date the violation first occurs.
(2) The maximum civil penalty for each violation of this article is $5,000.00. Each Day of
violation shall constitute a separate violation.
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(3) No penalty shall be assessed until the Person alleged to be in violation has been served notice
of the violation as described in Section18-83(b). Refusal to accept the notice shall not relieve the
violator of the obligation to pay such penalty.
(4) Penalties may be assessed concurrently with a notice of violation for any of the following:
(i) Obstructing, hampering or interfering with an authorized CMSWS representative
who is in the process of carrying out official duties under this article;
(ii) A repeated violation for which a notice of violation was previously given to the
Person responsible for the violation; or
(iii) Willful violation of this article.
(5) In determining the amount of a civil penalty, CMSWS shall consider any relevant mitigating
and aggravating factors including, but not limited to the following:
(i) Degree and extent of harm caused by the violation;
(ii) Cost of rectifying the damage;
(iii) Amount of money saved through non-compliance;
(iv) Whether the violator took reasonable measures to comply with this article;
(v) Knowledge of the requirements by the violator and/or reasonable opportunity or
obligation to obtain such knowledge;
(vi) Whether the violator voluntarily took reasonable measures to restore any areas
damaged by the violation;
(vii) Whether the violation was committed willfully;
(viii) Whether the violator reported the violation to an appropriate authority;
(ix) Technical and economic reasonableness of reducing or eliminating the discharge;
and
(x) Prior record of the violator in complying or failing to comply with this article or
any other water Pollution control ordinance or regulation.
(6) CMSWS shall determine the amount of the civil penalty to be assessed under this section and
shall make written demand for payment upon the Person in violation and shall set forth in detail
a description of the violation for which the penalty was imposed. Notice of said assessment shall
be by registered or certified mail or other means reasonably calculated to give adequate notice. If
a violator does not pay a civil penalty assessed by CMSWS within 30 days after it is due, or does
not request a hearing as provided in Section 18-84, CMSWS shall request the City Attorney to
institute a civil action to recover the amount of the assessment. The civil action shall be brought
in Mecklenburg County Superior Court or in any other court of competent jurisdiction. Such
civil actions must be filed within three years of the date the notice of assessment was served on
the violator.
(7) 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.
(8) Civil penalties collected pursuant to this article shall be credited to the City's general
fund as a nontax revenue.
(9) A violation of this article shall not constitute a misdemeanor or infraction punishable
under G.S. 14-4, but instead shall be subject to the civil penalties fixed by this section.

d. Cost recovery.

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CMSWS may also recover from the violator:
(i) Costs to restore damaged property based on restoration costs, which include, but
are not limited to, cleanup costs, devaluation of the property, value of animal and
plant life damaged, and City administrative costs.
(ii) Compensation for damage to or destruction of the Stormwater System.

In no case shall the maximum penalty per Day exceed the amount as specified in Section 18-
83(c)(2).

e. Compliance agreement.

CMSWS may enter into compliance agreements, assurances of voluntary compliance, or other
similar documents establishing an agreement with the Person responsible for the non-
compliance. Such agreements will include specific actions to be taken by the Person in violation
to correct the non-compliance within a time period specified by the agreement. Compliance
agreements shall have the same force and effect as compliance orders issued pursuant to Section
18-83(f) below.

f. Compliance order.

When CMSWS finds that any Person has violated or continues to violate any section of this
article, an order may be issued to the violator directing that they do one, or a combination, of the
following:

(1) Comply with the sections of this article in accordance with a time schedule set forth in
the order;
(2) Take appropriate remedial or preventive actions for a continuing or threatened violation
of any section of this article, including installation and proper operation of adequate
structures/devices and/or implementation of procedures and management practices;
(3) Pay a civil penalty for violating any section of this article.

g. Cease and desist order.

Cease and desist orders may be issued as follows:
(1) If CMSWS finds that any Person has violated or continues to violate any section of this
article, an order issued pursuant to this article, or any other provision of applicable law, CMSWS
may issue an order requiring such Person to cease and desist all such violations and direct such
Person to perform any one or more of the following:
(i) Comply immediately with all sections of this article, an order issued pursuant to
this article, or other applicable law;
(ii) Take appropriate remedial or preventive actions for a continuing or threatened
violation of any section of this article, a compliance agreement issued pursuant to
this article, an order issued pursuant to this article, or any other provision of
applicable law.
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(2) CMSWS may include in such order the payment of a civil penalty for violating any section of
this article, or for violating a compliance agreement or order issued pursuant to this article.

h. Withholding of inspections, permits, certificate of occupancy or other approvals.

Building inspections; permits for development or other improvements; requests for plan approval
for zoning, subdivision, other development or construction; and certificates of occupancy may be
withheld or conditioned upon compliance with this article until a violator with ownership or
management of the property for which permits or approvals are sought has fully complied with
this article and all actions taken pursuant to this article.

i. Restoration of areas affected by failure to comply.

CMSWS may require a Person responsible for a violation to restore all areas affected by the
violation to their pre-violation condition in order to minimize the detrimental effects of the
resulting impacts. This authority is in addition to any other enforcement actions authorized under
this article.

j. Abatement by CMSWS.

If the violation has not been corrected pursuant to the requirements set forth in the notice of
violation or by other allowable remedies, or, in the event of an appeal under Section 18-84,
within 10 Days of the decision of the Stormwater Advisory Committee to uphold the decision of
CMSWS, then CMSWS or a contractor designated by CMSWS may enter upon the subject
premises and is authorized to take any and all measures necessary to abate the violation and/or
restore impacted areas to their pre-violation condition in order to minimize the detrimental
effects of the resulting impacts. It shall be unlawful for any Person in possession or control of
any premises to refuse to allow CMSWS or its designated contractor to enter upon the premises
for the purposes set forth above.

The Person in violation will be notified of the cost of abatement, including administrative costs.
If the specified amount is not paid within 30 days after it is due, CMSWS shall request the City
Attorney to institute a civil action to recover the specified amount. The civil action shall be
brought in Mecklenburg County Superior Court or in any other court of competent jurisdiction.
Such civil actions must be filed within three years of the date said notice was served on the
violator.

k. Emergencies.

If delay in correcting a violation would seriously threaten the effective enforcement of this article
or pose an immediate danger to the public health, safety, or welfare, or the environment,
including but not limited to Waters of the State, then CMSWS may order the immediate
cessation of the violation. Any Person ordered to cease such violation or to remedy such
violation shall do so immediately. CMSWS may seek immediate enforcement through any
remedy or penalty authorized in this article or other applicable law.
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l. Injunctive relief.

(1) Whenever CMSWS has reasonable cause to believe that any Person is violating or
threatening to violate this article, CMSWS may, either before or after the institution of any other
action or proceeding authorized by this article, authorize the City Attorney to institute a civil
action in the name of CMSWS for injunctive relief to restrain the violation or threatened
violation. The action shall be brought pursuant to G.S. 153A-123 in Mecklenburg County
Superior Court.

(2) Upon determination by a court that an alleged violation is occurring or is threatened, the
court shall enter such orders or judgments as are necessary to abate the violation or to prevent the
threatened violation. The institution of an action for injunctive relief under this section shall not
relieve any party to such proceedings from any civil penalty prescribed for violations of this
article.

Sec. 18-84. Appeal Process.

a. Issuance of a notice of violation, assessment of a civil penalty, cease and desist order and/or
compliance order.

(1) The issuance of a notice of violation or notice of assessment of a civil penalty by CMSWS
shall entitle the Person responsible for the violation of the article ("Petitioner") to a public
hearing before the Storm Water Advisory Committee ("Committee") if such Person submits
written demand for a hearing to the Clerk of the Committee ("Clerk") within 30 Days of the
receipt of the notice. The demand for a hearing filed with the Clerk shall be accompanied by a
filing fee as established by the Committee. In the demand for a hearing on a civil penalty
assessment, the Petitioner must state separately each reason why such penalty should not be
assessed or, if the Petitioner contends that the civil penalty was assessed in an improper amount,
each reason why the amount of the penalty is improper. Each assessment of a civil penalty that
has been included in a demand for a hearing in accordance with this section is stayed and shall
not take effect until the earliest occurrence of any one of the following circumstances: the
assessment of the civil penalty is approved or is modified by the Committee; or the Petitioner
and CMSWS agree on the assessment of the civil penalty. Failure to timely file such demand
and fee shall constitute a waiver of any rights to appeal under this article and the Committee
shall have no jurisdiction to hear the appeal.
(2) The issuance of a cease and desist order and/or compliance order by CMSWS shall entitle
Petitioner to a public hearing before the Committee if such Petitioner submits written demand for
a hearing to the Clerk within the following schedule:
(i) within ten days of the receipt of a cease and desist order issued pursuant to
Section 18-83(g);
(ii) within twenty days of the receipt of a compliance order issued pursuant to Section
18-83(f).
In the demand for a hearing on the issuance of such an order, the Petitioner must identify
separately each provision of the order that is improper and every basis for such contention. Each
provision of an order that has been included in a demand for a hearing in accordance with this
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section is stayed and shall not take effect until the earliest occurrence of any one of the following
circumstances: such provision is approved or is modified by the Committee; or the Petitioner and
CMSWS agree on the terms of the order. This subsection shall not be construed to stay any
section of this article or other applicable law.

The demand for a hearing filed with the Clerk shall be accompanied by a filing fee as established
by the Committee. Failure to timely file such demand and fee shall constitute a waiver of any
rights to appeal under this article and the Committee shall have no jurisdiction to hear the appeal.
(3) Within 5 Days of receiving the Petitioner's demand for a hearing, the Clerk shall notify the
Chairman of the Committee ("Chairman") of the request for hearing. As soon as possible after
the receipt of said notice, the Chairman shall set a time and place for the hearing and notify the
Petitioner by mail of the date, time and place of the hearing. The time specified for the hearing
shall be either at the next regularly scheduled meeting of the Committee from the submission of
the notice, or as soon thereafter as practical, or at a special meeting. The hearing shall be
conducted pursuant to the provisions of Section18-84(b) of this article.
(4) Any party aggrieved by the decision of the Committee with regard to the issuance of a notice
of violation, notice of assessment of a civil penalty, cease and desist order or compliance order
shall have 30 Days from the receipt of the decision of the Committee to file a petition for review
in the nature of certiorari in Superior Court with the Clerk of Mecklenburg County Superior
Court.

b. Hearing procedure.

The following provisions shall be applicable to any hearing conducted by the Committee
pursuant to Section 18-84(a).

(1) At the hearing, Petitioner and CMSWS shall have the right to be present and to be heard, to
be represented by counsel, and to present evidence through witnesses and competent testimony
relevant to the issue(s) before the Committee.
(2) Rules of evidence shall not apply to a hearing conducted pursuant to this article and the
Committee may give probative effect to competent, substantial and material evidence.
(3) At least 7 days before the hearing, the parties shall exchange a list of witnesses intended to be
present at the hearing and a copy of any documentary evidence intended to be presented. The
parties shall submit a copy of this information to the Clerk. Additional witnesses or documentary
evidence may not be presented except upon consent of both parties or upon a majority vote of the
Committee.
(4) Witnesses shall testify under oath or affirmation to be administered by the Court Reporter or
another duly authorized official.
(5) The procedure at the hearing shall be such as to permit and secure a full, fair and orderly
hearing and to permit all relevant, competent, substantial and material evidence to be received
therein. A full record shall be kept of all evidence taken or offered at such hearing. Both the
representative for CMSWS and for the Petitioner shall have the right to cross-examine witnesses.
(6) At the conclusion of the hearing, the Committee shall render its decision on the evidence
submitted at such hearing and not otherwise.
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(i) If, after considering the evidence presented at the hearing, the Committee
concludes by a preponderance of the evidence that the grounds for CMSWS’
actions (including the amount assessed as a civil penalty) with regard to either
issuing a notice of violation, assessing a civil penalty, issuing a cease and desist
order or issuing a compliance order are true and substantiated, the Committee
shall uphold the action on the part of CMSWS.
(ii) If, after considering the evidence presented at the hearing, the Committee
concludes by a preponderance of the evidence that the grounds for CMSWS’
actions (including the amount assessed as a civil penalty) are not true and
substantiated, the Committee shall, as it sees fit, either reverse or modify any
order, requirement, decision or determination of CMSWS. The Committee
Bylaws will determine the number of concurring votes needed to reverse or
modify any order, requirement, decision or determination of CMSWS. If the
Committee finds that the violation has occurred, but that in setting the amount of
a penalty or setting order directives CMSWS has not considered or given
appropriate weight to either mitigating or aggravating factors, the Committee
shall either decrease or increase the per day civil penalty within the range allowed
by this article, or modify order directives, as appropriate to the case. Any
decision of the Committee that modifies the amount of the civil penalty or an
order directive shall include, as part of the findings of fact and conclusions of law,
findings as to which mitigating or aggravating factors exist and the appropriate
weight that should have been given to such factors by CMSWS in setting the
amount of the civil penalty or in issuing orders.
(7) The Committee shall keep minutes of its proceedings, showing the vote of each member upon
each question and the absence or failure of any member to vote. The decision of the Committee
shall be based on findings of fact and conclusions of law to support its decision.
(8) The Committee shall send a copy of its findings and decision to the Applicant/Petitioner and
CMSWS. If either party contemplates an appeal to a court of law, the party may request and
obtain, at that party’s own cost, a transcript of the proceedings.
(9) The decision of the Committee shall constitute a final decision.

Sec. 18-85. Severability

If any section or sections of this article is/are held to be invalid or unenforceable, all other
sections shall nevertheless continue in full force and effect.

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Appendix C
City of Charlotte Soil Erosion and Sedimentation Control Ordinance

SOIL EROSION AND SEDIMENTATION CONTROL*

Article I. In General
Sec. 17-1. Short Title.
Sec. 17-2. Statement of Purpose.
Sec. 17-3. Definitions.
Sec. 17-4. Scope and exclusions.
Sec. 17-5. Forest practice guidelines.
Secs. 17-6 -17-30 Reserved.

Article II. Erosion Control Requirements

Sec. 17-31. General requirements.
Sec. 17-32. Basic control objectives.
Sec. 17-33. Mandatory standards for land disturbing activities.
Sec. 17-34. Design and performance standards.
Sec. 17-35. Erosion and sedimentation control plans.
Sec. 17-36. Permits.
Sec. 17-37-17-65. Reserved.

Article III. Administration, Enforcement and Appeals

Sec. 17-66. Inspections and investigations.
Sec. 17-67. Penalties.
Sec. 17-68. Injunctive relief.
Sec. 17-69. Restoration of areas affected by failure to comply.
Sec. 17-70. Appeals
Sec. 17-71. Severability
Sec. 17-72. Effective Date
Sec. 17-73. Revisions.

*Cross references – Buildings and building regulations, ch. 5; floods, ch. 9.
States law reference – Municipal authority to enact and enforce soil and sedimentation control
ordinances, G.S. 160A-458

CD 17:1
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SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE.

ARTICLE I. IN GENERAL

Sec. 17-1 . Short Title

This Ordinance may be cited as the "City of Charlotte Soil Erosion and
Sedimentation Control Ordinance."

Sec. 17-2. Preamble

The Sedimentation of streams, lakes, wetlands and other waters of this State
constitute a major pollution problem. Sedimentation occurs from the Erosion or
depositing of soil and other materials into the waters. Control of Erosion and
Sedimentation is deemed vital to the public interest and necessary to public health
and welfare, and expenditures of funds for Erosion and Sedimentation control
programs shall be deemed for public purpose. It is the purpose of this Ordinance
to provide for creation, administration, and enforcement of the program through
procedures and for the adoption of mandatory standards that will permit
development of this City to continue with the least detrimental effects from
pollution by Sedimentation. In recognition of desirability of early coordination
of Sedimentation control planning, it is the intention of the City Council that pre-
construction conferences be held among the affected parties.
(Code 1985, § 18-22)

Sec. 17-3. Definitions

As used in this Ordinance, unless the context clearly indicates otherwise, the
following definitions apply.

a. Accelerated Erosion - means any increase over the rate of Natural
Erosion as a result of Land-disturbing Activity.

b. Act - means the North Carolina Sedimentation Pollution Control Act of
1973 and all rules and orders adopted pursuant to it.

c. Adequate Erosion Control Measures, Structures, or Devices - means ones
that control the soil material within the land area under responsible control
of the Person conducting the Land-disturbing Activity.

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d. 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.

e. Being Conducted - means a Land-disturbing Activity has been initiated
and permanent stabilization of the site has not been completed.

f. Borrow - means fill material that is required for on-site construction and
is obtained from other locations.

g. Certificate of Occupancy - means 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 Code Enforcement Department.

h. Code Enforcement Department - means the City Engineering and Property
Management Department Land Development Division.

i. City Engineer - means the City Engineer or the director’s duly authorized
representatives.

j. Commission - means the North Carolina Sedimentation Control
Commission.

k. Committee - means The Charlotte-Mecklenburg Storm Water Advisory
Committee as established by the joint resolution of the Charlotte City
Council and the Mecklenburg County Board of Commissioners, together
with any amendments thereto.

l. Completion of Construction or Development - means that no further Land-
disturbing Activity is required on a phase of a project except that which is
necessary for establishing a permanent Ground Cover.

m. Competent Person - means a person that has obtained and maintains in
good standing an approved certification
that is recognized by the City Engineer.

n. Contractor Conducting the Land-disturbing Activity - means any person who
participates in the Land-disturbing Activity, including, but not limited to,
the general contractor and sub-contractors with the responsibility for
supervising the work on the Tract for the changing of the natural cover or
topography of the Tract, or any part thereof.
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o. Days - means calendar days unless otherwise specified.

p. Department - means the North Carolina Department of Environment and
Natural Resources.

q. Director - means the Director of the Division of Land Resources of the
Department of Environment and Natural Resources.

r. Discharge Point - means that point at which concentrated flow runoff
leaves a Tract of land.

s. 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.

t. Erosion - means the wearing away of land surface by the action of wind,
water, gravity, or any combination thereof.

u. Forest Practice Guidelines - means the written directions related to water
quality prepared by the Department’s Division of Forest Resources and
the United States Forest Service, including but not limited to the “Forestry
Best Management Practices Manual” prepared by the Department.

v. Ground Cover - means any vegetative growth or other material that
renders the soil surface stable against Accelerated Erosion.

w. Lake or 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.

x. Land-disturbing Activity - means any use of the land by any Person in
residential, governmental, industrial, educational, institutional, or
commercial development, highway and road construction and
maintenance that results in a change in the Ground Cover or topography
and that may cause or contribute to Sedimentation.

y. Local Government - means any county, incorporated village, town, or city,
or any combination of counties, incorporated villages, towns, and cities,
acting through a joint program pursuant to the provisions of the Act.

z. 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.
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aa. Parent - means an Affiliate that directly, or indirectly through one or more
intermediaries, controls another Person.

bb. Performance Reservation - means the subjective evaluation that proposed
measures may or may not be adequate to meet the design standard.

cc. Permit – means the “Permit to Conduct Land-disturbing Activities”
(grading permit) issued by the City Engineer after a Plan is approved.

dd. Person(s) - 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.

ee. Person Responsible for the Violation - as used in this Ordinance means:

1. The developer or other Person who has or holds himself out as having
financial or operational control over the Land-disturbing Activity;

2. The landowner or Person in possession or control of the land who has
directly or indirectly allowed the Land-disturbing Activity or has
benefited from it or has failed to comply with any provision of this
Ordinance, the Act, or any order adopted pursuant to this Ordinance
or the Act; and/or

3. The contractor with control over the Tract or the Contractor
Conducting the Land-disturbing Activity.

ff. Phase of Grading - means one of two types of grading, rough or fine.

gg. Plan(s) - means an erosion and Sedimentation control plan.

hh. Sediment - means 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.

ii. 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 Wetland, Lake or Watercourse.

jj. Storm Drainage Facilities - means the system of inlets, conduits, channels,
ditches and appurtenances that serve to collect and convey storm water
through and from a given drainage area.

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kk. Storm Water Runoff - means the direct runoff of water resulting from
precipitation in any form.

ll. Subsidiary - means an Affiliate that is directly, or indirectly through one
or more intermediaries, controlled by another Person.

mm. Ten-Year Storm - means a rainfall of an intensity expected to be equaled
or exceeded, on the average, once in ten years, and of a duration that will
produce the maximum peak rate of runoff, for the watershed of interest
under average antecedent wetness conditions.

nn. Tract - means all land and bodies of water being disturbed, developed or
to be disturbed or developed as a unit, regardless of ownership.

oo. Twenty-five Year Storm - means a rainfall of an intensity expected to be
equaled or exceeded, on the average, once in 25 years, and of a duration
that will produce the maximum peak rate of runoff, from the watershed of
interest under average antecedent wetness conditions.

pp. Uncovered - means the removal of Ground Cover from, on, or above the
soil surface.

qq. 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.

rr. Velocity - means the average velocity of flow through the cross section of
the main channel at the peak flow of the design storm. The cross section
of the main channel shall be that area defined by the geometry of the
channel plus the area of 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.

ss. Waste - means surplus materials resulting from on-site construction and
disposed of at other locations.

tt. Watershed - means any water supply watershed protection area regulated
with various controls within the jurisdictional boundaries of Mecklenburg
County.

uu. Wetland(s) - means land having the vegetative, soil and hydrologic
characteristics to be regulated by Section 401 and 404 of the Federal Clean
Water Act as defined by the United States Army Corp of Engineers.

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vv. Working Days - means days exclusive of Saturday, and Sunday and City
government holidays during which weather conditions or soil conditions
permit Land-disturbing Activity to be Undertaken.
(Code 1985, § 18-23)
Cross reference: Definitions generally, § 1-2.

Sec. 17-4. Scope and Exclusions

This chapter shall regulate land disturbing activity within the city and
unincorporated areas of the county, the city's extraterritorial jurisdiction (ETJ) and
sphere.

This Ordinance shall not apply to the following Land-disturbing Activities:

a. 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:
1. Forages and sod crops, grains and feed crops, tobacco, cotton, and
peanuts.
2. Dairy animals and dairy products.
3. Poultry and poultry products.
4. Livestock, including beef cattle, sheep, swine, horses, ponies,
mules and goats.
5. Bees and apiary products.
6. Fur producing animals.

b. Activities Undertaken on forest land for the production and harvesting of
timber and timber products and conducted in accordance with best
management practices set out in Forest Practice Guidelines.

c. Activities for which a Permit is required under the Mining Act of 1971,
Article 7 of Chapter 74 of the General Statutes.

d. For the duration of an emergency, activities essential to protect human life.
e. Land-disturbing Activity over which the State has exclusive regulatory
jurisdiction as provided in G.S. 113A-56(a).

Sec. 17-5. Forest Practice Guidelines

a. The City Council adopts by reference the Forest Practice Guidelines.

b. If Land-disturbing Activity Undertaken on forest land for the production
and harvesting of timber and timber products is not conducted in
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accordance with Forest Practice Guidelines, the provisions of this
Ordinance shall apply to such activity and any related Land-disturbing
Activity on the Tract.

Secs. 17-6 - 17-30. Reserved.
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ARTICLE II. EROSION CONTROL REQUIREMENTS

Sec. 17-31. General Requirements

a. Erosion and Sedimentation Control Measures - All Land-disturbing
Activities, including those that disturb less than an acre, shall provide
Adequate Erosion Control Measures, Structures, or Devices in accordance
with this Ordinance.

b. Plan Required - No Person shall initiate, direct, allow or conduct any
Land-disturbing Activity on a Tract that meets any of the following criteria
without having a copy of an approved Erosion and Sedimentation Control
Plan on the job site, or a Plan approved by the City Engineer with
performance reservations on the job site.

1. uncovers one acre or more,

2. in Borrow and Waste areas covered by Section 17-34(f), , with a
disturbed area greater than one acre.

c. Compliance - Persons who submit a Plan to the City Engineer shall
comply with the provisions of Sections 17-35 and 17-36 of this Ordinance.

d. Protection of Property - Persons conducting Land-disturbing Activity shall
take all reasonable measures to protect all public and private property from
damage caused by such activity and associated Sedimentation.

e. More Restrictive Rules Shall Apply - Whenever conflicts exist between
federal, state or local laws, ordinances, or rules, the more restrictive
provision shall apply.
(Code 1985, § 18-26)

Sec. 17-32. Basic Control Objectives

A Plan may be disapproved pursuant to Section 17-35 of this Ordinance if the
Plan fails to include Adequate Erosion Control Measures, Structures, or Devices
to address the
following control objectives:

a. Identify Critical Areas - On-site areas that are subject to severe Erosion
and off-site areas that are especially vulnerable to damage from Erosion
and/or Sedimentation are to be identified and receive special attention.

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b. Limit Time of Exposure - All Land-disturbing Activity is to be planned
and conducted to limit exposure to the shortest feasible time.

c. Limit Exposed Areas - All Land-disturbing Activity is to be planned and
conducted to minimize the size of the area to be exposed at any one time.

d. Control Surface Water - Surface water runoff originating upgrade of
exposed areas should be controlled to reduce Erosion and Sediment loss
during the period of exposure.

e. Control Sedimentation - All Land-disturbing Activity is to be planned and
conducted so as to prevent Sedimentation damage.

f. Manage Storm Water Runoff - When the increase in the Velocity of Storm
Water Runoff resulting from a Land-disturbing Activity is sufficient to
cause Accelerated Erosion of the receiving watercourse, Plans are to
include measures to control the Velocity at the Discharge Point so as to
minimize Accelerated Erosion of the site and to decrease Sedimentation
to any Lake or Watercourse.

Section 17-33. Mandatory Standards for Land-disturbing Activity

No Land-disturbing Activity subject to the control of this Ordinance shall be
undertaken except in accordance with the following mandatory standards:

a. Lake, Watercourse and Wetland Protection - Additional erosion control
measures structures, or devices as specified in the “Policies and
Procedures” statement issued by the City Engineer shall be required to
provide a higher level of protection to Lakes, Watercourses, and Wetlands
from Sedimentation.

b. Graded Slopes and Fills - The angle for graded slopes and fills shall be no
greater than the angle which can retain vegetative cover or other Adequate
Erosion Control Measures, Structures, or Devices. Permanent or
temporary stabilization sufficient to restrain erosion is to be provided with
21 calendar days after completion of any Phase of Grading.

c. Ground Cover - The Person conducting the Land-disturbing Activity shall
plant or otherwise provide a permanent Ground Cover sufficient to restrain
Erosion after Completion of Construction or Development. Provisions for
a permanent Ground Cover sufficient to restrain Erosion must be
accomplished within 21 calendar days day’s following completion of
construction or development for an area of a site that is inactive for a
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period of 21 calendar days or longer, temporary ground cover would be
required.

d. Prior Plan Approval - No Person shall initiate any Land-disturbing
Activity on a tract if one acre or more is to be disturbed unless a plan for
that activity has been submitted and approved in accordance with Section
17-35(b) .

e. Pre-construction Conference - If one acre or more is to be Uncovered, the
Person(s) conducting Land-disturbing Activity or an agent of that party
shall contact the City Engineer at least 48 hours before commencement of
the Land-disturbing Activity. The purpose is to arrange an on-site meeting
with the City Engineer or duly authorized representative to review and
discuss the approved Plan and the proposed Land-disturbing Activity.

f. Monitoring - The Person(s) conducting Land-disturbing Activity or an
agent of that party shall inspect all Erosion and Sedimentation control
measures at least once a week and within 24 hours after any storm event
of greater than 0.5 inches of rain per 24 hour period or more frequently if
required by State or Federal Law. The person performing this monitoring
shall have certification approved by the City Engineer.

1. If one acre or more is to be disturbed, a record of inspections shall
be kept by the Person conducting the Land-disturbing Activity or an
agent until six months after construction is completed and approved
by the City Engineer. The record shall include the date and time of
inspection, weather conditions, any repairs or maintenance needed,
and the signature and certification number of the person who
performed the inspection. Additional record keeping may be
required by State or Federal Law and as stated on the approved
plans.

2. Corrective action on the repairs and maintenance indicated on the
record is initiated within 24 hours after a rain event or within 24
hours of the last inspection if a rain event did not prompt the
inspection, unless additional time is allowed by the City Engineer.
The date of the completion of such repairs noted. The records of
inspection shall be made available to the City Engineer upon
request.

3. Persons that have had a Notice of Violation or repeated warning
about off-site sedimentation or non-maintenance of Adequate
Erosion Control Measures, Structures, or Devices may be required
to provide the City Engineer with a self-inspection record for the
particular Tract.
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Section 17-34. Design and Performance Standards

a. Design Storm - Adequate Erosion Control Measures, Structures, and
Devices shall be planned, designed, constructed and maintained so as to
provide protection from the calculated maximum peak of runoff from the
Ten-year Storm. Runoff rates shall be calculated using the procedures in
the USDA, Natural Resource Conservation Services (formerly Soil
Conservation Service's) "National Engineering Field Manual for
Conservation Practices," or other acceptable calculation procedures
including but not limited to the Charlotte-Mecklenburg Storm Water
Design Manual.

b. Innovative Measures - Erosion and Sedimentation measures applied alone
or in combination to satisfy the intent of this section are acceptable if they
are sufficient to prevent adverse secondary consequences. Innovative
techniques and ideas will be considered and may be used following
approval by the City Engineer if it can be demonstrated that such
techniques and ideas are likely to produce successful results.

c. Responsibility for Maintenance - During the development of a 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 Ordinance, the
Act, or any order adopted pursuant to this Ordinance or the Act. After
development, the landowner or Person in possession or control of the land
shall install and maintain all necessary permanent Erosion and Sediment
control measures.

d. Additional Measures - Whenever the City Engineer, determines that
Erosion and Sedimentation will likely continue, despite installation and
maintenance of protective practices, the Person conducting the Land-
disturbing Activity will be required to take additional protective action.

e. Storm Drainage Facilities Protection - Persons shall design the Plan and
conduct Land-disturbing Activity so that the post construction Velocity of
the 10-year storm does not exceed the maximum non-erosive Velocity
tolerated by the soil of the receiving watercourse or the soil of the
receiving land.
f. Borrow and Waste Areas - When the Person conducting the Land-
disturbing Activity is also the Person conducting the Borrow or Waste
disposal activity, the following areas are considered as p art of the Land-
disturbing Activity.

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1. Areas from which Borrow is obtained that are not regulated by the
provisions of the Mining Act of 1971 and its subsequent
amendments, or

2. Waste areas for surplus materials other than landfills regulated by
the Department's Division of Solid Waste Management.

When the Person conducting the Land-disturbing Activity is not the
Person conducting the Borrow or Waste disposal activity, the activity shall
be considered a separate Land-disturbing Activity.

The responsible Person conducting the Borrow or Waste Areas shall
provide Adequate Erosion Control Measures, Structures, or Devices and
comply with all provisions of this Ordinance.

g. Access and Haul Roads - Temporary access and haul roads, other than
public roads, constructed or used in connection with any Land-disturbing
Activity shall be considered a part of such activity.

h. Operations in Lakes or Watercourses - Land-disturbing Activity in
connection with construction in, on, over, or under a Lake or Watercourse
shall be planned and conducted in such a manner as to minimize the extent
and duration of disturbance of the Lake or Watercourse. The relocation
of a stream, where relocation is an essential part of the proposed activity,
shall be planned and executed so as to minimize changes in the stream
flow characteristics, except when justification for significant alteration to
flow characteristic is provided.

Sec. 17-35 . Erosion and Sedimentation Control Plans

a. Plan Requirements – All Plans required for Land- disturbing Activities as
identified in Section 17-31(b) of this Ordinance shall meet the following
requirements:

1. Plans 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
Ordinance. Plan content may vary to meet the needs of specific
site requirements. Detailed guidelines for Plan preparation may
be obtained from the City Engineer on request.

2. Plans must contain an authorized statement of financial
responsibility and ownership signed by the Person financially
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responsible for the Land-disturbing Activity or that Person's
attorney 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 service of
process and notice of compliance or non-compliance with the
Plan, the Act, this Ordinance, or rules or orders adopted or issued
pursuant to this Ordinance.

3. 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 written consent for the applicant to submit a draft erosion
and sedimentation control plan and to conduct the anticipated
Land Disturbing Activity.

4. The Land-disturbing Activity described in the Plan shall comply
with all Federal, State, and Local water quality laws, rules and
regulations, including, but not limited to, the Federal Clean Water
Act. The City Engineer may require supporting documentation.

5. The Land-disturbing Activity described in the Plan shall not result
in a violation of rules adopted by the Environmental Management
Commission to protect riparian buffers along surface waters.

6. The Land-disturbing Activity described in the Plan shall not result
in a violation of any local Ordinance, law, rule or regulation,
including but not limited to zoning, tree protection, stream, lake
and watershed buffers, and flood plain regulations.

7. If the Plan is submitted for Land-disturbing Activity for which an
environmental document is required by the North Carolina
Environmental Policy Act (G.S. 113A-1, et. seq.), such as required
on Tracts involving public money or public land, a complete
environmental document must be presented for review. The City
Engineer’s time for reviewing the Plan will not commence until a
complete environmental document is available for review.

8. Copies of the Plan shall be filed with the City Engineer. A copy
of the approved Plan shall be maintained on the job site.

9. Effort should be made not to uncover more than 20 acres at any
one time. If more than 20 acres are to be uncovered at any one
time, the Plan shall contain the following:
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(a.) The method of limiting time of exposure and amount of
exposed area to achieve the objectives of this Ordinance.
(b.) A cut/fill analysis that shows where soil will be moved from
one area of the Tract to another as ground elevation is
changed.
(c.) Construction sequence and construction phasing to justify
the time and amount of exposure.
(d.) Techniques to be used to prevent Sedimentation associated
with larger disturbed areas.
(e.) Additional erosion control measures, structures, and devices
to prevent Sedimentation.

b. Plan Review Process - The city engineer will review each complete plan
submitted and within 30 days of receipt thereof will notify the person
submitting the plan, referred to as "the applicant," that it has been
approved, approved with modifications, approved with performance
reservations, or disapproved. Should the plan be filed and not reviewed
within the specified timeframe, the land disturbing activity may
commence subject to section 17-33(e) and subsection (a)(5) of this section,
and the city engineer will endeavor to review the plan on an expedited
schedule. If the plan is disapproved, the city engineer shall notify the
applicant and, if required, the director of such disapproval within ten days
thereof. The city engineer shall advise the applicant and the director in
writing as to the specific reasons that the plan was disapproved. The
applicant shall have the right to appeal the city engineer's decision as
provided in section 17-70 of this chapter.

Plans for which Land-disturbing Activity has not commenced within 3
years from the initial plan approval are void.

c. Amendments to Plans - If the City Engineer, either upon review of such
Plan or upon inspection of the job site, determines that the Plan is
inadequate to meet the requirements of this Ordinance or that a significant
risk of Accelerated Erosion or off-site Sedimentation exists, then the City
Engineer may require a revised Plan. Pending the preparation of the
revised Plan, work on affected area may cease or may continue only under
conditions outlined by the City Engineer.

Amendments or revisions to a Plan must be made in written and/or graphic
form and may be submitted at any time under the same requirements for
submission of original Plans. Until such time as the City Engineer
approves any amendments or revisions, the Land-disturbing Activity shall
not proceed, except in accordance with the Plan as originally approved.
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The City Engineer must approve, approve with modifications, approve
with performance reservations, or deny a revised Plan within 30 Days of
receipt, or it is deemed to be approved as submitted, unless such approval
conflicts with other federal, state or local regulations.

d. Grounds for Disapproval of Plans - Any Plan that is not in accordance with
the requirements set forth in subsection (a) above shall be disapproved. In
addition, a Plan may be disapproved upon a finding that the financially
responsible Person, or any Parent or Subsidiary thereof:

1. Is conducting or has conducted Land-disturbing Activity without
an approved Plan, or has received notice of violation of is not in
compliance with the provisions of 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;

3. Has been convicted of a misdemeanor pursuant to G.S. 113A-
64(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.

e. Violations - Any Person engaged in Land-disturbing Activity who fails to
file a required Plan in accordance with this Ordinance shall be deemed in
willful violation of this Ordinance. Any Person who conducts a Land-
disturbing Activity except in accordance with provisions of an approved
Plan shall be deemed in violation of this Ordinance.
(Code 1985, § 18-30)

Sec. 17-36 Permits
No Person shall undertake any Land-disturbing Activity subject to this Ordinance
without first obtaining a Permit from the City Engineer. The only exception to
this requirement is a Land-disturbing Activity that:

a. has been pre-approved by the City Engineer at a pre-construction
conference,

b. is for the purpose of fighting fires,

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c. is for the stock piling of raw or processed sand, stone, or gravel in material
processing plants and storage yards, provided that Sediment control
measures are utilized to protect against off-site damage, or

d. does not exceed one (1) acre of disturbed area. In determining the size of
the disturbed area, lands being developed as a unit will be aggregated
regardless of ownership. Although a Plan and a Permit may not be
required for activity comprising less than one acre, such activity is subject
to all other requirements of this Ordinance.
(Code 1985, § 18-31)

Secs. 17-37-17-65. Reserved.

ARTICLE III. ADMINISTRATION, ENFORCEMENT AND APPEALS*
*Cross references: Administration, ch. 2.

Sec. 17-66. Inspections and Investigations

a. The City Engineer is authorized to inspect the sites of Land-disturbing
Activity to determine compliance with the Act, this Ordinance, or rules or
orders adopted or issued pursuant to this Ordinance, and to determine
whether the activity is being Conducted in accordance with the Ordinance
and the approved Plan and 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
notification of each Plan approval or issuance of the Permit.

b. No Person shall willfully resist, delay, or obstruct the City Engineer while
the City Engineer is inspecting or attempting to inspect a Land-disturbing
Activity under this Ordinance.

c. If, through inspection, it is determined that a Person engaged in Land-
disturbing Activity has failed to comply with the Act, this Ordinance, or
rules, or orders adopted or issued pursuant to this Ordinance, or has failed
to comply with an approved Plan, the City Engineer will serve upon the
landowner, the landowner’s agent, or other Person in possession or control
of the land a written notice of violation. The notice may be served by any
means authorized under G.S. 1A-1, Rule 4, or other means reasonably
calculated to give actual notice. A notice of violation shall identify the
nature of the violation and set forth the measures necessary to achieve
compliance with the Ordinance. The notice shall, if required, specify a
date by which the Person must comply with this Ordinance, and advise
that the Person is subject to civil penalty or that failure to correct the
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violation within the time specified will subject that Person to the civil
penalties including those provided in Section 17-67 of this Ordinance or
any other authorized enforcement action. The notice of violation need not
be given for those violations identified in subsection (f) below.

d. In determining the measures required and the time for achieving
compliance, the City Engineer shall take into consideration the technology
and quantity of work required, and shall set reasonable and attainable time
limits.

e. The City Engineer shall use local rainfall data approved by the City
Engineer to determine whether the design storm identified in17-34(a) .a
has been exceeded.

f. Penalties may be assessed concurrently with a notice of violation for any
of the following:

1. Failure to submit a Plan.

2. Performing Land-disturbing Activities without an approved Plan
and pre-construction conference, or Permit.

3. Obstructing, hampering or interfering with an authorized
representative who is in the process of carrying out official duties.

4. A repeated violation for which a notice was previously given on
the same Tract or to the Person Responsible for the Violation.

5. Willful violation of this Ordinance.

6. Failure to install or maintain Adequate Erosion Control Measures,
Structures, or Devices per the approved Plan and additional
measures per Section 17-34(d) such that it results in
Sedimentation in a Wetland, Lake or Watercourse, or other
designated protected areas.

7. Failure to install or maintain Adequate Erosion Control Measures,
Structures, or Devices per the approved Plan and additional
measures per Section 17-34(d) such that it results in off-site
Sedimentation.

g. The City Engineer shall have the power to conduct such investigation as
it may reasonably deem necessary to carry out its duties as prescribed in
this Ordinance, and for this purpose to enter at reasonable times upon any
property, public or private, for the purpose of investigating and inspecting
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the sites of any Land-disturbing Activity. No Person shall refuse entry or
access to the City Engineer who requests entry for purpose of inspection
or investigation, and who presents appropriate credentials, nor shall any
Person obstruct, hamper, or interfere with the City Engineer while in the
process of carrying out official duties.

h. The City Engineer shall also have the power to require written statements,
or the filing of reports under oath as a part of investigating Land-disturbing
Activity.

i. With regard to the development of any Tract that is subject to this
Ordinance, 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 Ordinance with respect to the Tract.

2. If there remains due and payable to The City of Charlotte civil
penalties that have been levied against the Person conducting the
Land-disturbing Activity for violation(s) of this Ordinance. If a
penalty is under appeal, the City Engineer may require the amount
of the fine, and any other amount that the Person would be required
to pay under this Ordinance 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.
(Code 1985, § 18-32)

Sec. 17-67. Penalties

a. Any Person who violates any of the provisions of this Ordinance, or rules
or orders adopted or issued pursuant to this Ordinance, or who initiates or
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continues a Land-disturbing Activity for which a Plan is required except
in accordance with the terms, conditions, and provisions of an approved
Plan, is subject to a civil penalty. A civil penalty may be assessed from the
date the violation first occurs. No penalty shall be assessed until the
Person alleged to be in violation has been notified of the violation except
as provided in Section 17-66(f) of this Ordinance. Refusal to accept the
notice or failure to notify the City Engineer of a change of address shall
not relieve the violator’s obligation to comply with the Ordinance or to
pay such a penalty.

b. The maximum civil penalty for each violation of this Ordinance is
$5,000.00. Each day of continuing violation shall constitute a separate
violation.

c. The amount of the civil penalty shall be assessed pursuant to the
following:

1. Violations involving conducting a Land-disturbing Activity
without an approved Plan - Any Person(s) engaged in a Land-
disturbing Activity without a required approved Plan and pre-
construction conference, or Permit in accordance with this
Ordinance, or who initiates, directs or allows a Land-disturbing
Activity without a required, approved Plan and pre-construction
conference, or Permit shall be subject to a civil penalty of
$5,000.00 per day, per violation. The penalty may be decreased
based on mitigating circumstances.

2. Violations resulting in Sediment entering a Wetland, Lake or
Watercourse Violations resulting in Sediment entering a Wetland,
Lake or Watercourse subjects the violator to a civil penalty of
$3,000.00 per day, per violation. The penalty may be increased up
to $5,000.00 per day or decreased.

3. Violations resulting in off-site Sedimentation - Violations of this
Ordinance that result in off-site Sedimentation subject the violator
to a civil penalty of $1,000.00 per day, per violation. The penalty
may be increased up to $5,000.00 per day or decreased. Violations
of this type may include, but are not limited to, the following:

(a.) Conducting Land-disturbing Activities beyond the limits of
an existing Permit without approval of an amended Plan
and Permit that results in off-site Sedimentation.

(b.) Failure to properly install or maintain Erosion control
measures in accordance with the approved Plan or the
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Charlotte Land Development Standards Manual that results
in off-site Sedimentation.

(c.) Failure to retain Sediment from leaving a Land-disturbing
Activity as required by the Ordinance.

(d.) Failure to restore off-site areas affected by Sedimentation
during the time limitation established in a Notice of
Violation and as prescribed in the “Policies and
Procedures” statement.

(e.) Any other violation of this Ordinance that results in off-site
Sedimentation.

4. Violations of this Ordinance not resulting in off-site
Sedimentation -Violations of this Ordinance that do not result in
off-site Sedimentation subject the violator to a civil penalty of
$500.00 per day, per violation. The penalty may be increased
up to $5000 per day or decreased. Violations of this type may
include, but are not limited to, the following:

(a.) Failure to comply with the Mandatory Standards for
Land-Disturbing Activity as specified in Section 17-33 of
this Ordinance, except 17-33(d) and 17-33(e).

(b.) Failure to submit to the City Engineer for approval an
acceptable revised Erosion and Sedimentation control Plan
after being notified by the City Engineer of the need to do
so.

(c.) Failure to maintain Adequate Erosion Control Measures,
Structures, or Devices to confine Sediment.
(d.) Failure to follow the provisions on the approved Plan.

(e.) Any other action or inaction that constitutes a violation of
this Ordinance that did not result in off-site Sedimentation.

d. In determining the amount of the civil penalty, the City Engineer shall
consider any relevant mitigating and aggravating factors including, but not
limited to, the effect, if any, of the violation; the degree and extent of harm
caused by the violation; the cost of rectifying the damage; whether the
violator saved money through noncompliance; whether the violator took
reasonable measures to comply with this Ordinance; whether the violation
was committed willfully; whether the violator reported the violation to the
City Engineer; and the prior record of the violator in complying or failing
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to comply with this Ordinance or any other erosion and sedimentation
control ordinance or law. The City Engineer is authorized to vary the
amount of the per diem penalty set out in subsection (c) to take into
account any relevant mitigating factors.

e. Repeat violators may be charged by a multiple of the base penalty
determined in Section 17-67(c) of this Ordinance. The penalty for a repeat
violator may be doubled for each previous time the Person Responsible
for the Violation was notified of a violation of this or any other Soil
Erosion and Sediment Control Ordinance or the North Carolina Act. In no
case may the penalty exceed the maximum allowed by subsection (b).

f. The City Engineer shall determine the amount of the civil penalty and shall
notify the Person who is assessed the civil penalty of the amount of the
penalty and the reason for assessing the penalty. 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 or contest the assessment
as specified in section 17-70. If a violator does not pay a civil penalty
assessed by the City Engineer within 30 Days after it is due, or does not
request a hearing as provided in section 17-70, the City Engineer shall
request the City Attorney to institute a civil action to recover the amount
of the assessment. The civil action shall be brought in Mecklenburg
County Superior Court or in any other court of competent jurisdiction.

g. A civil action must be filed within three (3) years of the date the
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.
h. Civil penalties collected pursuant to this Ordinance shall be credited to the
City's general fund as non-tax revenue.

i. Any Person who knowingly or willfully violates any provision of this
Ordinance or who knowingly or willfully initiates or continues a Land-
disturbing Activity for which an Plan is required, except in accordance
with the terms, conditions, and provisions of an approved Plan, shall be
guilty of a Class 2 misdemeanor and may be subject to a fine not to exceed
Five Thousand Dollars ($5,000). This is in addition to any civil penalties
that may be charged. Each day of continuing violation shall constitute a
separate violation.

j. A violation of the City Soil Erosion and Sedimentation Control Ordinance
that is not knowing or not willful shall not constitute a misdemeanor or
infraction punishable under North Carolina General Statute 14-4, but
instead shall be subject to the civil penalties provided in this Ordinance.
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(Code 1985, § 18-33)

Sec. 17-68. Injunctive Relief

a. Whenever the City Engineer has reasonable cause to believe that any
Person is violating or threatening to violate this Ordinance or any term,
condition, or provision of an approved Plan, the City Engineer may, either
before or after the institution of any other action or proceeding authorized
by this Ordinance, authorize the City Attorney to institute a civil action in
the name of the City of Charlotte, for injunctive relief to restrain the
violation or threatened violation. The action shall be brought pursuant to
G.S. 153A-123 in Mecklenburg County Superior Court

b. Upon determination by a court that an alleged violation is occurring or is
threatened, the court shall enter such orders or judgements as are necessary
to abate the violation or to prevent the threatened violation. The institution
of an action for injunctive relief under this section shall not relieve any
party to such proceedings from any civil or criminal penalty prescribed for
violations of this Ordinance.
(Code 1985, § 18-34)

Sec. 17-69. Restoration of Areas Affected by Failure to Comply

The City Engineer may require a Person who engaged in any Land-disturbing
Activity and failed to retain Sediment generated by the activity to restore the
waters and 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 penalty or injunctive relief authorized under this Ordinance.
(Code 1985, § 18-35)

Sec. 17-70. Appeals

(a) Generally. The storm water advisory committee (SWAC or committee), as
established by the city, as shall hear and decide appeals from the requirements of
this chapter.

b. Disapproval or Modification of Proposed Plan

1. The disapproval or modification of any proposed Plan by the City
Engineer shall entitle the Person submitting the Plan ("Petitioner")
to a public hearing before the Storm Water Advisory Committee
("Committee") if such Person submits written demand for a
hearing to the Clerk of the Committee ("Clerk") within 30 Days
after receipt of written notice of the disapproval or modification.
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The demand for a hearing filed with the Clerk shall be
accompanied by a filing fee as established by the Storm Water
Advisory Committee. The Committee may order the refund of all
or any part of the filing fee if it rules in favor of the Petitioner.
Failure to timely file such demand and fee shall constitute a waiver
of any rights to appeal under this Chapter and the Storm Water
Advisory Committee shall have no jurisdiction to hear the appeal.

2. Within 5 Days of receiving the demand for a hearing, the Clerk
shall notify the Chairman of the Committee ("Chairman") of the
demand for hearing. As soon as possible after the receipt of said
notice, the Chairman shall set a time and place for the hearing and
notify the Petitioner by mail of the date, time and place of the
hearing. The time specified for the hearing shall be either at the
next regularly scheduled meeting of the Committee from the
submission of the notice, or as soon thereafter as practical, or at a
special meeting. The hearing shall be conducted by the Committee
in accordance with the provisions of Section 17-70(d)of this
Ordinance.

3. If the Committee upholds the disapproval or modification of a
proposed Plan following the public hearing, the Petitioner shall
have 30 Days from the receipt of the decision to appeal the
decision to the North Carolina Sedimentation Control Commission
pursuant to Title 15, Chapter 4B Section .0018(b) of the North
Carolina Administrative Code and G.S. 113A-61(c).

c. Issuance of a Notice of Violation with an Assessment of a Civil Penalty

1. The issuance of a notice of violation with an assessment of a civil
penalty by the City Engineer shall entitle the Person responsible
for the violation of the Ordinance ("Petitioner") to a public hearing
before the Storm Water Advisory Committee ("Committee") if
such Person submits written demand for a hearing to the Clerk of
the Committee ("Clerk") within 30 Days of the receipt of the notice
of violation, assessment of a civil penalty or order of restoration.
The demand for a hearing filed with the Clerk shall be
accompanied by a filing fee as established by the Storm Water
Advisory Committee. The Committee may order the refund of all
or any part of the filing fee if it rules in favor of the Petitioner.
Failure to timely file such demand and fee shall constitute a waiver
of any rights to appeal under this Ordinance and the Storm Water
Advisory Committee shall have no jurisdiction to hear the appeal.

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2. Within 5 Days of receiving the Petitioner's demand for a hearing,
the Clerk shall notify the Chairman of the Committee
("Chairman") of the request for hearing. As soon as possible after
the receipt of said notice, the Chairman shall set a time and place
for the hearing and notify the Petitioner by mail of the date, time
and place of the hearing. The time specified for the hearing shall
be either at the next regularly scheduled meeting of the Committee
from the submission of the notice, or as soon thereafter as practical,
or at a special meeting. The hearing shall be conducted pursuant
to the provisions of subsection (c) of this Ordinance.

3. Any party aggrieved by the decision of the Committee with regard
to the issuance of a notice of violation, assessment of civil
penalties or order of restoration shall have thirty (30) Days from
the receipt of the decision of the Committee to file a petition for
review in the nature of certiorari in Superior Court with the Clerk
of Mecklenburg County Superior Court.

d. Hearing Procedure. The following provisions shall be applicable to any
hearing conducted by the Committee pursuant to subsection (a) or (b)
above.

1. At the hearing, Petitioner and the City Engineer shall have the right
to be present and to be heard, to be represented by counsel, and to
present evidence through witnesses and competent testimony
relevant to the issue(s) before the Committee.

2. Rules of evidence shall not apply to a hearing conducted pursuant
to this Ordinance and the Committee may give probative effect to
competent, substantial and material evidence.

3. At least seven (7) Days before the hearing, the parties shall
exchange a list of witnesses intended to be present at the hearing
and a copy of any documentary evidence intended to be presented.
The parties shall submit a copy of this information to the Clerk.
Additional witnesses or documentary evidence may not be
presented except upon consent of both parties or upon a majority
vote of the Committee.

4. Witnesses shall testify under oath or affirmation to be administered
by the Court Reporter or another duly authorized official.

5. The procedure at the hearing shall be such as to permit and secure
a full, fair and orderly hearing and to permit all relevant,
competent, substantial and material evidence to be received
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therein. A full record shall be kept of all evidence taken or offered
at such hearing. Both the representative for the City and for the
Petitioner shall have the right to cross-examine witnesses.

6. At the conclusion of the hearing, the Committee shall render its
decision on the evidence submitted at such hearing and not
otherwise.

(a) If, after considering the evidence presented at the hearing,
the Committee concludes by a preponderance of the
evidence that the grounds for the City Engineer's actions
(including the amount assessed as a civil penalty) with
regard to either disapproving or modifying a proposed
Plan, issuing a notice of violation, assessing a civil penalty
or ordering restoration are true and substantiated, the
Committee shall uphold the action on the part of the City
Engineer.

(b) If, after considering the evidence presented at the hearing,
the Committee concludes by a preponderance of the
evidence that the grounds for the City Engineer's actions
(including the amount assessed as a civil penalty) are not
true and substantiated, the Committee shall, as it sees fit
either reverse or modify any order, requirement, decision
or determination of the City Engineer. The Committee
Bylaws will determine the number of concurring votes
needed to reverse or modify any order, requirement,
decision or determination of the City Engineer. If the
Committee finds that the violation has occurred, but that in
setting the amount of a penalty the City Engineer has not
considered or given appropriate weight to either mitigating
or aggravating factors, the Committee shall either decrease
or increase the per day civil penalty within the range
allowed by this Ordinance.

Any decision of the Committee which modifies the amount
of the civil penalty shall include, as part of the findings of
fact and conclusions of law, findings as to which mitigating
or aggravating factors exist and the appropriate weight that
should have been given to such factors by the City
Engineer in setting the amount of the civil penalty levied
against the Petitioner.

7. The Committee shall keep minutes of its proceedings, showing the
vote of each member upon each question and the absence or failure
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of any member to vote. The decision of the Committee shall be
based on findings of fact and conclusions of law to support its
decision.

8. The Committee shall send a copy of its findings and decision to
the Applicant/Petitioner and the City Engineer. If either party
contemplates an appeal to a court of law, the party may request and
obtain, at that party’s own cost, a transcript of the proceedings.

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9. The decision of the Committee shall constitute a final decision.
(Code 1985, § 18-36)

Sec. 17-71. Severability

If any section or sections of this Ordinance is/are held to be invalid or
unenforceable, all other sections shall nevertheless continue in full force and
effect.
(Code 1985, § 18-39)

Adopted the 27th Day of October 2008

Approved as to Form:

_____________________________ ______________________________
City Attorney Clerk of the Board

Adopted: October 21, 1974

Amended:
March 5, 1979 February 27, 1986 May 10, 1993 May 21, 2002
June 16, 1980 April 21, 1987 February 7, 1995
April 2, 1984 December 7, 1987 June 3, 1997

October 7, 1985 February 4, 1991 September 6, 2000

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Appendix D
City of Charlotte Post Construction Controls Ordinance

*NOTE: Requirements and options for redevelopment stated herein that are
deemed “not allowable” under current State Law are not being enforced by
the City (as of December 27, 2018).

Article IV. Post-Construction Stormwater

Division 1. General Provisions
Sec. 18-101. Title.
Sec. 18-102. Authority.
Sec. 18-103. Findings.
Sec. 18-104. Purpose.
Sec. 18-105. Applicability and jurisdiction.
Sec. 18-106. Design manual.
Sec. 18-107. Relationship to other laws, regulations and private agreements.
Sec. 18-108. Severability.
Sec. 18-109. Effective date and transitional provisions.
Sec. 18-110. Definitions.
Secs. 18-111—18-120. Reserved.
Division 2. Administration and Procedures
Sec. 18-121. Review and decision making entities.
Sec. 18-122. Stormwater management permit.
Sec. 18-123. As-built plans and final approval.
Sec. 18-124. Appeals and variances.
Secs. 18-125—18-140. Reserved.
Division 3. Standards
Sec. 18-141. General standards.
Sec. 18-142. Watershed districts.
Sec. 18-143. Standards for the Central Catawba district.
Sec. 18-144. Standards for the Western Catawba district.
Sec. 18-145. Standards for the Yadkin-Southeast Catawba district.
Sec. 18-146. Standards for stormwater control measures.
Sec. 18-147. Total phosphorus mitigation.
Sec. 18-148. Deed recordation and indications on plat.
Secs. 18-149—18-160. Reserved.
Division 4. Development and Redevelopment* Mitigation
Sec. 18-161. Mitigation payment.
Sec. 18-162. Criteria for mitigation payment.
Secs. 18-163—18-170. Reserved.
Division 5. Natural Area
Sec. 18-171. Purpose.
Sec. 18-172. General description.
Sec. 18-173. Natural area criteria.
Sec. 18-174. Natural area designation.
Sec. 18-175. Natural area mitigation.
Secs. 18-176—18-190. Reserved.
Division 6. Maintenance
Sec. 18-191. Dedication of BMPs, facilities and improvements.
Sec. 18-192. Operation and maintenance agreement.
Sec. 18-193. Inspection program.
Sec. 18-194. Performance security for installation and maintenance.
Sec. 18-195. Records of installation and maintenance activities.
Sec. 18-196. Maintenance easement.
Secs. 18-197—18-210. Reserved.
Division 7. Violations and Enforcement
Sec. 18-211. Enforcement—Inspections and investigations.
Sec. 18-212. Violations and enforcement.
Sec. 18-213. Remedies and penalties.

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Secs. 18-89—18-100. Reserved.

ARTICLE IV. POST-CONSTRUCTION STORMWATER

DIVISION 1. GENERAL PROVISIONS

Sec. 18-101. Title.

This article shall be officially known as the"Post-Construction Stormwater Ordinance." It is referred to herein as
"this ordinance," "these regulations," [or "this article."]

Sec. 18-102. Authority.

The City of Charlotte and City of Charlotte Extra Jurisdictional Territory, referred to herein as "city," is authorized
to adopt this article pursuant to state law, including but not limited to Article 14, Section 5 of the Constitution of
North Carolina; G.S. 143-214.7 and rules promulgated by the Environmental Management Commission thereunder;
Session Law 2006-246 (Senate Bill 1566), G.S. 160A-174, 160A-185, 160A-372 and 160A-459.

Sec. 18-103. Findings.

It is hereby determined that:
(1) Development and redevelopment* alter the hydrologic response of local watersheds and increase stormwater
runoff rates and volumes, flooding, soil erosion, stream channel erosion, non-point source pollution, and sediment
transport and deposition, as well as reduce groundwater re-
charge;
(2) These changes in stormwater runoff contribute to increased quantities of waterborne pollutants and alterations
in hydrology which are harmful to public health and safety as well as to the natural environment; and
(3) These effects can be managed and minimized by applying proper design and well planned controls to manage
stormwater runoff from development and redevelopment*.
Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and federal phase II stormwater rules
promulgated under it, as well as rules of the state environmental management commission promulgated in response
to federal
phase II requirements, compel certain urbanized areas, including this jurisdiction, to adopt the minimum stormwater
controls such as those included in this article.
Therefore, these water quality and quantity regulations are adopted to meet the requirements of state and federal law
regarding control of stormwater runoff and discharge.

Sec. 18-104. Purpose.

(a) General. The purpose of this article is to protect, maintain and enhance the public health, safety, environment
and general welfare by establishing minimum requirements and procedures to control the adverse effects of
increased post-construction stormwater runoff and non-point source pollution associated with development and
redevelopment*. It has been determined that proper management of construction-related and post-construction
stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public
health, safety, and general welfare, and protect water and aquatic resources.
(b) Specific. This article seeks to meet its general purpose through the following specific objectives and means:
(1) Establishing decision-making processes for
development and redevelopment* that protect the integrity of watersheds and preserve the health of water
resources;
(2) Minimizing changes to the pre-development hydrologic response for develop ment and redevelopment* in
their post-construction state in accordance with the requirements of this article for the applicable design storm in
order to reduce
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flooding, streambank erosion, and non-point and point source pollution, as well as to maintain the integrity of
stream channels, aquatic habitats and healthy stream temperatures;
(3) Establishing minimum post-construction stormwater management standards and design criteria for the
regulation and control of stormwater runoff quantity and quality;
(4) Establishing design and review criteria for the construction, function, and use of structural stormwater control
facilities that may be used to meet the minimum post-construction stormwater management standards;
(5) Establishing criteria for the use of better management and site design practices, such as the preservation of
green space and other conservation areas;
(6) Establishing provisions for the long-term responsibility for and maintenance of structural and nonstructural
stormwater best management practices (BMPs) to ensure that they continue to function as designed, are
maintained appropriately, and pose minimum risk to public safety; and
(7) Establishing administrative procedures for the submission, review, approval and disapproval of stormwater
management plans, for the inspection of approved projects, and to assure appropriate long-term maintenance.

Sec. 18-105. Applicability and jurisdiction.

(a) General. The requirements of this article shall apply to all development and redevelopment* within the corporate
limits of this city and its extraterritorial jurisdiction, unless one of the following exemptions applies as of July 1,
2008:
(1) Residential development and redevelopment*, preliminary subdivision plan application or in the case of minor
subdivisions, construction plan for required improvements, submitted and accepted
for review;
(2) For nonresidential development and redevelopment*, preliminary subdivision plan
application submitted and accepted for review, provided that subdivision-wide water quality and quantity features
required at the time of submittal are contained within the submittal and provided the
plan is subsequently approved and all necessary easements are properly established;
(3) Zoning use application submitted and accepted for review for uses that do not require a building permit;
(4) Certificate of building code compliance issued by the proper governmental authority;
(5) Valid building permit issued pursuant to G.S. 153A-344 or G.S. 160A-385(b)(i), so long as the permit remains
valid, unexpired, and unrevoked;
(6) Common law vested right established (e.g., the substantial expenditure of resources (time, labor, money) based
on a good faith reliance upon having received a valid governmental approval to proceed with a project); and/or
(7) A conditional zoning district (including those districts which previously were described variously as
conditional district, conditional use district, parallel conditional district and parallel conditional use district)
approved prior to the effective date of this article/ordinance, provided formal plan submission has been made and
accepted for review either prior to five years from July 1, 2008 in the case of conditional zoning districts approved
on
or after November 15, 1999, or prior to two years from July 1, 2008 in the case of conditional zoning districts
approved prior to November 15, 1999, and provided such plans encompass either a minimum of 22.5 percent of
the area of the project, or any phase of a project so long as such phase is part of a project that includes project-
wide water quality requirements to achieve 85 percent TSS removal from developed areas. If no such formal plan
submission occurs within the above-described five- or two-year time frames, the requirements of this article shall
be applied to the project, except for total phosphorus removal, natural area and buffer
requirements not in effect at the time of the approval of the conditional zoning district, all of which do not apply.
Any changes to a conditional zoning district necessary to comply with the requirements of this article shall be
made through
administrative amendment and not through a rezoning.
(b) Exemptions. The requirements of this article shall not apply within the corporate limits or in the extraterritorial
jurisdiction with respect to the following types of development or redevelopment* activities:
(1) Residential development and redevelopment* that cumulatively disturbs less than one acre and cumulatively
creates less than 24 percent built upon area based on lot size or the lot is less than 20,000 square feet (lot must
have been described
by metes and bounds in a recorded deed prior to July 1, 2008 and cannot be part of a larger development or
redevelopment*);
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(2) Commercial and industrial development and redevelopment* that cumulatively disturbs less than one acre and
cumulatively creates less than 20,000 square feet of built upon area (built upon area includes gravel and other
partially impervious materials);
(3) Redevelopment* that disturbs less than 20,000 square feet, does not decrease existing stormwater controls and
renovation and/or construction costs (excluding trade fixtures) do not exceed 100 percent of the tax value of the
property; and
(4) Activities exempt from permit requirements of section 404 of the federal Clean Water Act, as specified in 40
CFR 232 (primarily, ongoing farming and forestry activities).
(c) No development or redevelopment* until compliance and permit. No development or redevelopment* shall occur
except in compliance with the provisions of this article or unless exempted. No
development or redevelopment* for which a stormwater management permit, here after referred to as permit, is
required pursuant to this article shall occur except in compliance with the provisions, conditions, and limitations of
said permit.
(d) Map. The provisions of this article shall apply within the areas designated on the map titled "Post-Construction
Ordinance Map of the City" (hereafter referred to as the "post-construction ordinance map"), which is adopted
simultaneously herewith. The post-construction ordinance map and all explanatory matter contained thereon
accompany and are hereby made a part of this article. The post-construction ordinance map shall be kept on file by
the stormwater administrator or designee (hereinafter referred to as the "stormwater administrator") and shall be
updated to take into account changes in the land area covered by this article and the geographic location of all
structural BMPs permitted under this article. In the event of a dispute, the applicability of this article to a particular
area of land or BMP shall be determined by appeal through the stormwater administrator

Sec. 18-106. Design manual.

(a) Reference to design manual. The stormwater administrator shall use the policy, criteria, and information,
including technical specifications and standards, in the design manual as the basis for decisions about stormwater
management permits and about the design, implementation and performance of structural and non-structural
stormwater BMPs.
The design manual includes a list of acceptable stormwater treatment practices, including the specific design criteria
for each stormwater practice. Stormwater treatment practices that are designed and constructed in accordance with
these design and sizing criteria will be presumed to meet the minimum water quality performance standards of this
article and the phase II laws. Failure to construct stormwater treatment practices in accordance with these criteria
may subject the violator to a civil penalty as described in division 7.
(b) Relationship of design manual to other laws and regulations. If the specifications or guidelines of the design
manual are more restrictive or apply a higher standard than other laws or regulations, that fact shall not prevent
application of the specifications or guidelines in the design manual.
(c) Changes to standards and specifications.
Standards, specifications, guidelines, policies, criteria, or other information in the design manual in affect at the time
of acceptance of a complete application shall control and shall be utilized in reviewing the application and in
implementing this article with regard to the application.
(d) Amendments to design manual. The design manual may be updated and expanded from time to time, based on
advancements in technology and engineering, improved knowledge of local conditions, or local monitori ng or
maintenance experience. Prior to amending or updating the design manual, proposed changes shall be generally
publicized and made available for review, and an opportunity for comment by interested persons shall be provided.

Sec. 18-107. Relationship to other laws, regulations and private agreements.
(a) Conflict of laws. This article is not intended to modify or repeal any other ordinance, rule, regulation or other
provision of law. The requirements of this article are in addition to the requirements of any other ordinance, rule,
regulation or other provision of law, and where any provision of this article imposes restrictions different from those
imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive
or imposes higher protective standards for human or environmental health, safety, and welfare, shall control.
(b) Private agreements. This article is not intended to revoke or repeal any easement, covenant, or other private
agreement. However, where the regulations of this article are more restrictive or impose higher standards or
requirements than such easement, covenant, or other private agreement, then the requirements of this article shall
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govern. Nothing in this article shall modify or repeal any private covenant or deed restriction, but such covenant or
restriction shall not legitimize any failure to comply with this article. In no case shall the city be obligated to enforce
the provisions of any easements, covenants, or agreements between private parties.

Sec. 18-108. Severability.
If the provisions of any section, subsection, paragraph, subdivision or clause of this article shall be adjudged invalid
by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section,
subsection, paragraph, subdivision or clause of this article.

Sec. 18-109. Effective date and transitionalprovisions.

(a) Effective date. This article shall take effect on July 1, 2008.
(b) Violations continue. Any violation of the provisions of this article existing as of July 1, 2008 shall continue to be
a violation under this article and be subject to penalties and enforcement unless the use, development, construction,
or other activity complies with the provisions of this article.

Sec. 18-110. Definitions.

When used in this article, the following words and terms shall have the meaning set forth in this section, unless other
provisions of this article specifically indicate otherwise.

Administrative manual means a manual developed by the stormwater administrator and distributed to the public to
provide information for the effective administration of this article, including but not limited to application
requirements, submission schedule, fee schedule, maintenance agreements, criteria for mitigation approval, criteria
for recordation of documents, inspection report forms, requirements for submittal of bonds, a copy of this article,
and where to obtain the design manual.

Best management practices (BMPs) means a structural management facility used singularly or in combination for
stormwater quality and quantity treatment to achieve water quality protection goals.

Buffer means a natural or vegetated area through which stormwater runoff flows in a diffuse manner so that the
runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants.

Buffer zones. In the Central and Western Catawba Districts, streams draining greater than or equal to 50 acres but
less than 300 acres have a two-zone buffer including a stream side and upland zone. Buffers for streams draining
greater than or equal to 300 acres have three zones as shown below. The amount of disturbance allowed in the buffer
differs in each zone. In the Yadkin-Southeast Catawba there are no zones, the entire buffer is undisturbed.

Buffer widths. Viewed aerially, the stream buffer width is measured horizontally on a line perpen- dicular to the
surface water, landward from the
top of the bank on each side of the stream.

Built-upon area (BUA) means that portion of a property that is covered by impervious or partially impervious
surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths;
and recreation facilities such as tennis courts (activity fields that have been designed to enhance displacement of
runoff, such as compaction and grading or installation of sodded turf, and underground drainage systems fo r public
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parks and schools will be considered built-upon area.) "Built-upon area" does not include a wooden slatted deck or
the water area of a swimming pool.

Charlotte BMP manual means the manual of design criteria, construction standards, and details for stormwater
management facilities prepared by the stormwater administrator, as periodically amended, which regulates and
controls the provisions and construction of best management practices relating to post construction stormwater
controls. Whenever reference is made to "standards," "design manual," or "manual," it refers to the latest published
edition of this document.

Commercial development or redevelopment* means any land disturbing activity that is not residential development
or redevelopment* as defined herein.

Development means land-disturbing activity that creates built upon area or that otherwise decreases the infiltration
of precipitation into the soil.

Disturbance means any use of the land by any person or entity which results in a change in the natural cover or
topography of the land.

Drainage area means That area of land that drains to a common point on a project site.

Floodplain means the low, periodically-flooded lands adjacent to streams. For land use planning purposes, the
regulatory floodplain is usually viewed as all lands that would be inundated by the regulatory flood.

Grass field means land on which grasses and other herbaceous plants dominate and trees over six feet in height are
sparse or so widely scattered that less than five percent of the land area is covered by a tree canopy.

Industrial uses means land used for industrial purposes only. Commercial (or other non-industrial) businesses
operating on industrially-zoned property shall not be considered an industrial use.

Larger common plan of development or sale means any contiguous area where multiple separate and distinct
construction or land disturbing activities will occur under one plan. A plan is any announcement or piece of
documentation (including but not limited to public notice or hearing, drawing, permit application, zoning request, or
site design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings)
indicating that construction activities may occur on a specific plot.

Low impact development (LID) means the integration of site ecology and environmental goals and requirements into
all phases of urban planning and design from the individual residential lot level to the entire watershed.

Mitigation means actions taken either on-site or off-site as allowed by this article to offset the impacts of a certain
action.

Multifamily means a group of two or more attached, duplex, triplex, quadruplex, or multi-family buildings, or a
single building of more than 12 units constructed on the same lot or parcel of land under single ownership, and
planned and developed with a unified design of buildings and coordinated common open space and service areas in
accordance with the requirements of chapter 9 of the zoning ordinance for the zoning district in which it is located.

Natural area means land that consists of natural areas containing trees and other natural shrubs consisting of either
undisturbed areas or disturbed areas that have been replanted in accordance with the criteria established in this
article.

Non-point source (NPS) pollution means forms of pollution caused by sediment, nutrients, organic and toxic
substances originating from land use activities and carried to lakes and streams by surface runoff.

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Owner means the legal or beneficial owner of land, including but not limited to a fee owner, 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. "Owner" shall
include long-term commercial tenants; management entities, such as those charged with or engaged in the
management of properties for profit; and every person or entity having joint ownership of the property. A secured
lender not in possession of the property does not constitute an owner, unless the secured lender is included within
the meaning of "owner" under another description in this definition, such as a management entity.

Person(s) 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.

Redevelopment* means any land-disturbing activity that does not result in a net increase in built-upon area and that
provides greater or equal stormwater control than the previous development.

Residential development means a land disturbing activity containing dwelling units with open yards on at least two
sides where land is sold with each dwelling unit.

Stormwater administrator means the city engineer or designee that administers and enforces this article.

Stormwater advisory committee (SWAC) means the Charlotte-Mecklenburg Stormwater Advisory Committee as
established by joint resolutions of the city council, Mecklenburg County Board of Commissioners and the Towns of
Cornelius, Davidson, Huntersville, Matthews, Mint Hill and Pineville, together with any amendments thereto.

Stormwater management permit means the development or redevelopment* plan, as approved by
the stormwater administrator, that details how stormwater runoff will be controlled through structural and/or
nonstructural management features.

Top of bank means the landward edge of the stream channel during high water or bankfull conditions at the point
where the water begins to overflow onto the floodplain.

Topsoil means natural, fertile soil capable of sustaining vigorous plant growth that is of uniform composition
throughout with an admixture of subsoil, has an acidity range of pH 5.5—7.0.

Total phosphorus (TP) means a nutrient that is essential to the growth of organisms but when it occurs in high
enough concentrations it can negatively impact water quality conditions. Total phosphorus includes both dissolved
and suspended forms of reactive phosphorus, acid hydrolysable phosphorus and organic phosphorus as measured by
Standard Method 4500-P.

Total suspended solids (TSS) means total suspended matter in water which includes particles collected on a filter
with a pore size of two microns as measured by Standard Method 2540-D, which is commonly expressed as a
concentration in terms of milligrams per liter (mg/l) or parts per million (ppm).

Secs. 18-111—18-120. Reserved.

DIVISION 2. ADMINISTRATION AND
PROCEDURES

Sec. 18-121. Review and decision making entities.

(a) Stormwater administrator.
(1) Designation. The city engineer has been designated as the stormwater administrator and he, or his designee, is
authorized to administer and enforce these regulations.
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(2) Powers and duties. In addition to the powers and duties that may be conferred by other provisions of this Code
and other laws, the stormwater administrator shall have the following powers and duties under this article:
a. To review and approve or disapprove applications submitted pursuant to this article.
b. To make determinations and render interpretations of this article.
c. To establish application requirements and schedules for submittal and review of applications and appeals.
d. To enforce this article in accordance with its enforcement provisions.
e. To maintain records, maps, and official materials as relate to the adoption, amendment, enforcement, or
administration of this article.
f. To provide expertise and technical assistance upon request to the city council and the stormwater advisory
committee (SWAC).
g. To designate appropriate other person(s) who shall carry out the powers and duties of the stormwater
administrator.
h. To provide information and recommendations relative to variances and information as requested by SWAC in
response to appeals.
i. Prepare and make available to the public an administrative manual that includes: the stormwater management
permit application; submittal checklist; fee schedule; maintenance
agreements; and a reference to the design manual.
j. To take any other action necessary to administer the provisions of this article.
(b) Powers and duties of the stormwater advisory committee. The stormwater advisory committee, hereinafter
referred to as SWAC, shall have the following powers and duties:
(1) Administrative review. To hear and decide appeals according to the procedures set forth in this section, where
it is alleged there is an error in any order, decision, determination, or interpretation made by the stormwater
administrator in the enforcement of this article, including assessments of remedies and/or penalties.
(2) Variances. To grant variances in specific cases from the terms of this article according to the standards and
procedures herein.

Sec. 18-122. Stormwater management permit.

(a) Stormwater management permit required. A stormwater management permit is required for all proposed
development and redevelopment* unless exempt pursuant to this article. For the purpose of this article, the final
approved stormwater management plan as contained in the development or redevelopment* plan shall constitute the
stormwater management permit.
(b) Submission of a stormwater management plan.
(1) General. A preliminary stormwater management plan developed in accordance with the specifications set forth
in the administrative manual must be submitted to the planning staff or land develop ment division as part of the
preliminary plan for development or redevelopment * and will be reviewed in accordance with established
procedures.
(2) Stormwater management plan contents and form. The stormwater administrator shall establish requirements
for the content and form of the preliminary stormwater management plan. These general requirements shall be
contained in the administrative manual, which may be amended from time to time.
(3) Permit review fees. Afee, as established by
city council, shall accompany the submission of the preliminary stormwater management plan.
(4) Complete submission. A preliminary stormwater management plan will not be considered complete until it
contains all elements required by the stormwater administrator, along with the appropriate fee. If the stormwater
administrator finds that a preliminary stormwater manage ment plan is incomplete, the applicant shall be notified
of the deficient elements and provided with an opportunity to correct the plan. No review of the stormwater
management plan will commence until the stormwater administrator has determined the plan is complete.
(c) Review and approval of stormwater management plan.
(1) Preparation by professional required. The
preliminary stormwater management plan shall be prepared by a registered state professional engineer or
registered landscape architect. The engineer or registered landscape architect shall certify that the design of all
stormwater management facilities and practices meets the requirements of these regulations.
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(2) Final approval of stormwater management plan. If the stormwater administrator finds that the stormwater
management plan complies with the requirements of these regulations, the stormwater administrator shall approve
the stormwater
management plan, which approval shall constitute the issuance of the permit. The stormwater administrator may
impose conditions of approval as needed to ensure compliance with this article. The conditions shall be included
in the permit as
part of the approval.
(3) Effect of the permit. The permit issued under the provisions of this chapter shall remain valid for a period of
three years from the date of approval. If no work on the site in furtherance of the plan has
commenced within the three-year period, the permit and plan approval will become null and void and a new
application will be required to develop the site. If work on the site in furtherance of the plan has commenced that
involves any utility installations or street improvements except grading, the permit and plan shall remain valid and
in force and the project may be completed in accordance with the approved plan.
(4) Disapproval of stormwater management plan. If the stormwater administrator disapproves the preliminary
stormwater management plan, the grounds for such disapproval will be stated in writing to the applicant. After
such disapproval, an appeal from that decision may be taken to SWAC in accordance with section 18-124. SWAC
may approve, disapprove, in whole or in part, or otherwise modify the action of the stormwater administrator. A
final stormwater management plan approved by SWAC, after appeal from the decision of the stormwater
administrator, will qualify as the permit.

Sec. 18-123. As-built plans and final approval.

The applicant shall certify that the completed project is in accordance with the approved stormwater management
plans and designs, and shall submit actual "as- built" plans for all stormwater management facilities or practices
after final construction is completed. Failure to provide approved as-built plans within the time frame specified by
the stormwater administrator may result in assessment of penalties as specified in division 7. At the discretion of the
stormwater administrator, performance securities or bonds may be required for stormwater management facilities or
practices until as-built plans are approved.
As-built plans shall show the final design spec-ifications for all stormwater management facilities and practices and
the field location, size, depth, and planted vegetation of all measures, controls, and devices, as installed, and location
and size of all natural area and tree plantings. The designer of the stormwater management measures and plans shall
certify, under seal, that the as-built stormwater measures, controls, and devices are in compliance wit h the approved
stormwater management plans and designs and with the requirements of this article. As conditions of the as-built
plan(s) approval, the designer will submit a digital copy of the as-built plan(s) as described in the administrative
manual to the stormwater administrator for the purpose of maintaining records, performing inspections, maintenance
and other future needs as determined by
the city.
Approved final as-built plans and a final inspection by the stormwater administrator are required before a project is
determined to be in compliance with this article. At the discretion of the stormwater administrator, certificates of
occupancy may be withheld pending receipt of as -built plans and the completion of a final inspection and approval
of a project.

Sec. 18-124. Appeals and variances.

(a) Petition to SWAC for appeal or variance. An appeal may be initiated by any aggrieved person affected by any
decision, order, requirement, or determination relating to the interpretation or application of this article. A petition
for variance from the requirements of this article may be initiated by the owner of the affected property, an agent
authorized in writing to act on the owner's behalf, or a person having written contractual interest in the affected
property.
(1) Filing of notice of appeal. A notice of appeal shall be filed with the stormwater administrator contesting any
order, decision, determination or interpretation within 30 working days of the day of the order, decision,
determination or interpretation made or rendered by the stormwater administrator in the enforcement of this
article, including assessments of remedies and penalties. SWAC may waive or extend the 30-day deadline only
upon
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determining that the person filing the notice of appeal received no actual or constructive form of notice of the
order, decision, determination or interpretation being appealed. The notice filed with the stormwater administrator
shall be accompanied by a nonrefundable filing fee as established by SWAC as well as a list of adjoining
properties including tax parcel numbers and the name and address of each owner. Failure to timely file such
notice and fee shall constitute a waiver of any rights to appeal under this article. Upon receipt of a notice of
appeal, the stormwater administrator shall transmit to SWAC copies of all administrative papers, records, and
other information regarding the subject matter of the appeal. The filing of such notice shall stay any proceedings
in furtherance of the contested action, except the stormwater administrator may certify in writing to SWAC that
because of facts stated in the certificate, a stay imposes an imminent peril to life or property or would seriously
interfere with the enforcement of this article. SWAC shall then review such certificate and may override the stay
of further proceedings.
(2) Filing a variance petition. A petition for variance, in the form prescribed by SWAC, shall be filed with the
stormwater administrator accompanied by a nonrefundable filing fee as established by SWAC as well as a list of
adjoining properties including tax parcel numbers and the name and address of each owner. Upon receipt of a
variance petition, the stormwater administrator shall transmit to SWAC copies of all information regarding the
variance.
(3) Notice and hearing. SWAC shall, in accordance with the rules adopted by it for such purposes, hold public
hearings on any appeal or variance petition which comes before it. SWAC shall, prior to the
hearing, mail written notice of the time, place and subject of the hearing to the person or persons filing the notice
of appeal or variance petition, to the owners of the subject property and to the owners of property adjacent to the
subject property.
The hearing shall be conducted in the nature of a quasi-judicial proceeding with all findings of fact supported by
competent, material evidence.
(4) Standards for granting an appeal. SWAC shall reverse or modify the order, decision, determination or
interpretation under appeal only upon finding an error in the application of this article on the part of the
stormwater administrator. In modifying the order, decision, determination or interpretation, SWAC shall have all
the powers of the stormwater administrator from whom the appeal is taken. If SWAC finds that a violation of this
article has occurred, but that in setting the amount of the penalty the stormwater administrator has not considered
or given appropriate weight to either mitigating or aggravating factors, SWAC shall either decrease or increase the
per day civil
penalty within the range allowed by this article. Any decision of SWAC that modifies the amount of a civil
penalty shall include, as part of the findings of fact and conclusions of law, findings as to which mitigating or
aggravating factors exist and the appropriate weight that should have been given to such factors by the stormwater
administrator in setting the amount of the civil penalty levied against the petitioner.
(5) Standards for granting a variance. Before granting a variance, SWAC shall have made all the following
findings:
a. Unnecessary hardships would result from the strict application of this article.
b. The hardships result from conditions that are peculiar to the property, such as the location, size or topography
of the property.
c. The hardships did not result from actions taken by the petitioner.
d. The requested variance is consistent with the spirit, purpose, and intent of this article; will secure public
safety and welfare; and will preserve substantial justice.
(6) Variance conditions. SWAC may impose reasonable and appropriate conditions and safeguards upon any
variance it grants.
(7) Action by SWAC. SWAC bylaws will determine the number of concurring votes needed to grant an appeal or
request for variance. SWAC shall grant or deny the variance or shall reverse, affirm or modify the order, decision,
determination or interpretation under appeal by recording in the minutes of the meeting the reasons that SWAC
used and the findings of fact and conclusions of law made by SWAC to reach its decision.
(8) Rehearing. SWAC shall refuse to hear an appeal or variance petition which has been previously denied unless
it finds there have been substantial changes in the conditions or circumstances relating to the matter.
(b) Review by superior court. Every decision of SWAC shall be subject to superior court review by proceedings in
the nature of certiorari. Petition for review by the superior court shall be filed with the clerk of superior court within
30 days after the later occurring of the following:
(1) The decision of SWAC is filed, or
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(2) A written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with
SWAC at the time of its hearing of the case.

Secs. 18-125—18-140. Reserved.

DIVISION 3. STANDARDS

Sec. 18-141. General standards.

All development and redevelopment* to which this article applies shall comply with the standards of this section.

Sec. 18-142. Watershed districts.

Standards for development and redevelopment* vary depending on the watershed district in which a project is
located as described in the "Post-Construction Ordinance Map of the City," which is adopted simultaneously
herewith as described in subsection 18-105(d). The city is divided into the following watershed districts for purposes
of this article:
(1) Central Catawba. That area of land that drains to Sugar, Little Sugar and McAlpine Creeks in the city,
including all tributaries, except Six Mile Creek.
(2) Western Catawba. That area of land that drains to Lake Norman, Mountain Island Lake and Lake Wylie in
Mecklenburg County including all creeks and tributaries.
(3) Yadkin-Southeast Catawba. That area of land that drains to the Yadkin River basin in Mecklenburg County,
including all creeks and tributaries and in addition including Six Mile Creek.

Sec. 18-143. Standards for the Central Catawba district.

(a) Standards for low density projects. Any drainage area within a project boundary in the Central Catawba district
is considered low density when said drainage area has less than or equal to 24 percent built upon area as determined
by the methodology established in the design manual. Such low-density projects shall comply with each of the
following standards.
(1) Vegetated conveyances. Stormwater runoff shall be transported by vegetated conveyances to the maximum
extent practicable.
(2) Stream buffers. The S.W.I.M. stream buffer requirements apply in the Central Catawba as described in the
jurisdiction's zoning ordinance, chapter 12. In addition, intermittent and perennial streams within the project
boundary shall be delineated by a certified professional using U.S. Army Corps of Engineers and N.C. Division of
Water Quality methodology and shall be shown in the stormwater management permit application along with all
buffer areas. All perennial and intermittent streams draining less than 50 acres shall have a minimum 30-foot
vegetated buffer including a ten-foot zone adjacent to the bank. Disturbance of the buffer is allowed; however, any
disturbed area must be revegetated and disturbance of the ten-foot zone adjacent to the bank shall require stream
bank stabilization using bioengineering techniques as specified in the design manual. All perennial and
intermittent streams draining greater than or equal to 50 acres and less than 300 acres shall have a 35-foot buffer
with two zones, including stream side and upland. Streams draining greater than or equal to 300 acres and less
than 640 acres shall have a 50-foot buffer with three zones, including stream side, managed use and upland.
Streams draining greater than or equal to 640 acres shall have a 100-foot buffer, plus 50 percent of the area of the
flood fringe beyond 100 feet. This buffer shall consist of three zones, including stream side, managed use and
upland. All buffers shall be measured from the top of the bank on both sides of the stream. The uses allowed in the
different buffer zones as described in the S.W.I.M. stream buffer requirements in the city's zoning ordinance,
chapter 12, as well as the other provisions of the S.W.I.M. ordinance shall apply in the Central Catawba district
(except buffer widths).
(b) Standards for high density projects. Any drainage area within a project boundary in the Central Catawba district
is considered high density when said drainage area has greater than 24 percent built upon area as determined by the
methodology established in the design manual. Such high-density projects shall implement stormwater treatment
systems that comply with each of the following standards.
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(1) Stormwater quality treatment volume. Stormwater quality treatment systems shall treat the runoff generated
from the first inch of rainfall.
(2) Stormwater quality treatment. All structural stormwater treatment systems used to meet these requirements
shall be designed to have a minimum of 85% average annual removal for total suspended solids. Low impact
development techniques as described in the design manual can be used to meet this requirement.
(3) Stormwater treatment system design. General engineering design criteria for all projects shall be in accordance
with 15A NCAC 2H .1008(c), as explained in the design manual.
(4) Stream buffers. The S.W.I.M. stream buffer requirements apply in the Central Catawba as described in the
city's zoning ordinance, chapter 12. In addition, intermittent and perennial streams within the project boundary
shall be delineated by a certified professional using U.S. Army Corps of Engineers and N.C. Division of Water
Quality methodology and shall be shown in the stormwater management permit application along with all buffer
areas. All perennial and intermittent streams draining less than 50 acres shall have a minimum 30-foot vegetated
buffer including a ten-foot zone adjacent to the bank. Disturbance of the buffer is allowed; however, any disturbed
area must be revegetated and disturbance of the ten-foot zone adjacent to the bank shall require stream bank
stabilization using bioengineering techniques as specified in the design manual. All perennial and intermittent
streams draining greater than or equal to 50 acres and less than 300 acres shall have a 35-foot buffer with two
zones, including stream side and upland. Streams draining greater than or equal to 300 acres and less than 640
acres shall have a 50-foot buffer with three zones, including stream side, managed use and upland. Streams
draining greater than or equal to 640 acres shall have a 100-foot buffer, plus 50 percent of the area of the flood
fringe beyond 100 feet. This buffer shall consist of three zones, including stream side, managed use and upland.
All buffers shall be measured from the top of the bank on both sides of the stream. The uses allowed in the
different buffer zones as described in the S.W.I.M. stream buffer requirements in the jurisdiction's zoning
ordinance, chapter 12, as well as the other provisions of the S.W.I.M. ordinance shall apply in the Central
Catawba district (except buffer widths).
(5) Stormwater volume control. Stormwater treatment systems shall be installed to control the volume leaving the
project site at post-development for the one-year, 24-hour storm except I-1 and I-2 zoned developments which are
exempt from this requirement. Runoff volume drawdown time shall be a minimum of 48 hours, but not more than
120 hours.
(6) Stormwater peak control. For residential land disturbing activities exceeding 24 percent built-upon area, peak
control shall be installed for the appropriate storm frequency (i.e., 10-, 25-, 50- or 100-year, six-hour) as
determined by the stormwater administrator based on a downstream flood analysis provided by the owner or
designee using the criteria specified in the design manual or if a downstream analysis is not performed the peak
shall be controlled for the ten-year and 25-year, six-hour storms. For commercial land disturbing activities
exceeding 24 percent built-upon area, peak control shall be installed for the ten-year, six-hour storm and
additional peak control provided for the appropriate storm frequency (i.e., 25-, 50- or 100-year, six-hour) as
determined by the stormwater administrator based on a downstream flood analysis provided by the owner or
designee using the criteria specified in the design manual or if a downstream analysis is not performed the peak
shall be controlled for the ten-year and 25-year, six-hour storms. Controlling the one-year, 24-hour volume
achieves peak control for the two -year, six-hour storm. For I-1 and I-2 zoned developments, peak control shall be
installed for the two-year and ten-year, six-hour storms and additional peak control provided for the appropriate
storm frequency (i.e., 25-, 50- or 100-year, six-hour) based on a downstream flood analysis or if a downstream
analysis is not performed the peak shall be controlled for the two-year, ten-year and 25-year, six-hour storms. The
emergency overflow and outlet works for any pond or wetland constructed as a stormwater BMP shall be capable
of safely passing a discharge with a minimum recurrence frequency as specified in the design manual. For
detention basins, the temporary storage capacity shall be restored within 72 hours. Requirements of the Dam
Safety Act shall be met when applicable.

Sec. 18-144. Standards for the Western Catawba district.

(a) Standards for low density projects. Any drainage area within a project boundary in the Western Catawba district
is considered low density when said drainage area has less than or equal to 12 percent built-upon area as determined
by the methodology established in the design manual. Such low-density projects shall comply with each of the
following standards:
(1) Vegetated conveyances. Stormwater runoff
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shall be transported by vegetated conveyances to the maximum extent practicable.
(2) Stream buffers. The S.W.I.M. stream buffer requirements apply in the Western Catawba as described in the
city's zoning ordinance, chapter 12 as do the buffers described for the watershed overlays contained in chapter 10.
When there is a conflict between buffer requirements, the more stringent always applies. In addition, intermittent
and perennial streams within the project boundary shall be delineated by a certified professional using U.S. Army
Corps of Engineers and N.C. Division of Water Quality methodology and shall be shown in the stormwater
management permit application along with all buffer areas. All perennial and intermittent streams draining less
than 50 acres shall have a minimum 30-foot vegetated buffer including a ten-foot zone adjacent to the bank.
Disturbance of the buffer is allowed; however, any disturbed area must be revegetated and disturbance of the ten-
foot zone adjacent to the bank shall require stream bank stabilization using bioengineering techniques as specified
in the design manual. All perennial and intermittent streams draining greater than or equal to 50 acres and less
than 300 acres shall have a 35-foot buffer with two zones, including stream side and upland. Streams draining
greater than or equal to 300 acres and less than 640 acres shall have a 50-foot buffer with three zones, including
stream side, managed use and upland. Streams draining greater than or equal to 640 acres shall have a 100-foot
buffer, plus 50 percent of the area of the flood fringe beyond 100 feet. This buffer shall consist of three zones,
including stream side, managed use and upland. All buffers shall be measured from the top of the bank on both
sides of the stream. The uses allowed in the different buffer zones as described in the S.W.I.M. stream buffer
requirements in the jurisdiction's zoning ordinance, chapter 12, as well as the other provisions of the S.W.I.M.
ordinance shall apply in the Western Catawba district (except buffer widths).
(b) Development standards for high density projects. Any drainage area within a project boundary in the Western
Catawba district is considered high density when said drainage area has greater than 12 percent built upon area as
determined by the methodology established in the design manual. The built upon area caps specified in the water
supply watershed protection requirements contained in the city's zoning ordinance shall apply. High-density projects
shall implement stormwater treatment systems that comply with each of the following standards:
(1) Stormwater quality treatment volume. Stormwater quality treatment systems shall treat the runoff generated
from the first inch of rainfall.
(2) Stormwater quality treatment. All structural stormwater treatment systems used to meet these requirements
shall be designed to have a minimum of 85 percent average annual removal for total suspended solids and 70
percent average annual removal for total phosphorus except I-1 and I-2 zoned developments which are exempt
from the total phosphorus removal requirement. I-1 and I-2 zoned developments shall implement a management
plan for the proper handling and application of pesticides and fertilizers to reduce negative water quality impacts.
Low impact development techniques as described in the design manual can be used to meet pollutant removal
requirements.
(3) Stormwater treatment system design. General engineering design criteria for all projects shall be in accordance
with 15A NCAC 2H .1008(c), as explained in the design manual.
(4) Stream buffers. The S.W.I.M. stream buffer requirements apply in the Western Catawba [district] as described
in the City's zoning ordinance, chapter 12 as do the buffers described for the watershed overlays contained in
chapter 10. When there is a conflict between buffer require ments, the more stringent always applies. In addition,
intermittent and perennial streams within the project boundary shall be delineated by a certified professional using
U.S. Army Corps of Engineers and N.C. Division of Water Quality methodology and shall be shown in the
stormwater management permit application along with all buffer areas. All perennial and intermittent streams
draining less than 50 acres shall have a minimum 30-foot vegetated buffer including a ten-foot zone adjacent to
the bank. Disturbance of the buffer is allowed; however, any disturbed area must be revegetated and disturbance
of the ten-foot zone adjacent to the bank shall require stream bank stabilization using bioengineering techniques as
specified in the design manual. All perennial and intermittent streams draining greater than or equal to 50 acres
and less than 300 acres shall have a 35-foot buffer with two zones, including stream side and upland. Streams
draining greater than or equal to 300 acres and less than 640 acres shall have a 50-foot buffer with three zones,
including stream side, managed use and upland. Streams draining greater than or equal to 640 acres shall have
a100-foot buffer, plus 50 percent of the area of the flood fringe beyond 100 feet. This buffer shall consist of three
zones, including stream side, managed use and upland. All buffers shall be measured from the top of the bank on
both sides of the stream. The uses allowed in the different buffer zones as described in the S.W.I.M. stream buffer
requirements in the jurisdiction's zoning ordinance, chapter 12, as well as the other provisions of the S.W.I.M.
ordinance shall apply in the Western Catawba district (except bufferwidths).
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(5) Stormwater volume control. Stormwater treatment systems shall be installed to control the volume leaving the
project site at post-development for the one-year, 24-hour storm except I-1 and I-2 zoned developments which are
exempt from this requirement. Runoff volume drawdown time shall be a minimum of 48 hours, but not more than
120 hours.
(6) Stormwater peak control. For residential land disturbing activities exceeding 12 percent built-upon area, peak
control shall be installed for the appropriate storm frequency (i.e., 10-, 25-, 50- or 100-year, six-hour) as
determined by the stormwater administrator based on a downstream flood analysis provided by the owner or
designee using the criteria specified in the design manual or if a downstream analysis is not performed the peak
shall be controlled for the ten-year and 25-year, six-hour storms. For commercial land disturbing activities
exceeding 12 percent built-upon area, peak control shall be installed for the ten-year, six-hour storm and
additional peak control provided for the appropriate storm frequency (i.e., 25-, 50- or 100-year, six-hour) as
determined by the stormwater administrator based on a downstream flood analysis provided by the owner or
designee using the criteria specified in the design manual or if a downstream analysis is not performed the peak
shall be controlled for the ten-year and 25-year, six-hour storms. Controlling the one-year, 24-hour volume
achieves peak control for the two -year, six-hour storm. For I-1 and I-2 zoned developments, peak control shall be
installed for the two-year and ten-year, six-hour storms and additional peak control provided for the appropriate
storm frequency (i.e., 25-, 50- or 100-year, six-hour) based on a downstream flood analysis or if a downstream
analysis is not performed the peak shall be controlled for the two-year, ten-year and 25-year, six-hour storms. The
emergency overflow and outlet works for any pond or wetland constructed as a stormwater BMP shall be capable
of safely passing a discharge with a minimum recurrence frequency as specified in the design manual. For
detention basins, the temporary storage capacity shall be restored within 72 hours. Requirements of the Dam
Safety Act shall be met when applicable.

Sec. 18-145. Standards for the Yadkin-Southeast Catawba district.

(a) Standards for low density projects. Any drainage area within a project boundary in the Yadkin-Southeast
Catawba District is considered low density when said drainage area has less than or equal to ten percent built upon
area as determined by the methodology established in the design manual. Such low-density projects shall comply
with each of the following standards:
(1) Vegetated conveyances. Stormwater runoff shall be transported by vegetated conveyances to the maximum
extent practicable.
(2) Stream buffers. In addition, intermittent and perennial streams within the project boundary shall be delineated
by a certified professional using U.S. Army Corps of Engineers and N.C. Division of Water Quality methodology
and shall be shown in the stormwater management permit application along with all buffer areas. All perennial
and intermittent streams draining less than 50 acres shall have a minimum 50-foot undisturbed buffer. All
perennial and intermittent streams draining greater than or equal to 50 acres shall have a 100-foot undisturbed
buffer, plus the entire floodplain. All buffers shall be measured from the top of the bank on both sides of the
stream. The uses allowed in the stream side zone described in the S.W.I.M. stream buffer requirements in the
jurisdiction's zoning ordinance, chapter 12, as well as the other provisions of the S.W.I.M. ordinance shall apply
in the Yadkin-Southeast Catawba district (ex-
cept buffer widths).
Six Mile Creek watershed only. In addition to the above information for streams in the Yadkin-Southeast Basin
Watershed, all perennial streams in the Six Mile Creek Watershed shall have 200-foot undisturbed buffers, plus
entire floodplain and all intermittent streams in the Six Mile Creek Watershed shall have 100-foot undisturbed
buffers all measured on each side of the stream from top of bank.
(b) Standards for high density projects. Any drainage area within a project boundary in the Yadkin-Southeast
Catawba District is considered high density when said drainage area has greater than ten percent built upon area as
determined by the methodology established in the design manual. Such high-density projects shall implement
stormwater treatment systems that comply with each of the following standards:
(1) Stormwater quality treatment volume. Stormwater quality treatment systems shall treat the runoff generated
from the first inch of rainfall.
(2) Stormwater quality treatment. All structural stormwater treatment systems used to meet these requirements
shall be designed to have a minimum of 85 percent average annual removal for total suspended solids and 70
percent average annual removal for total phosphorus except I-1 and I-2 zoned developments which are exempt
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from the total phosphorus removal requirement. I-1 and I-2 zoned developments shall implement a management
plan for the proper handling and application of pesticides and fertilizers to reduce negative water quality impacts.
Low impact development techniques as described in the design manual can be used to meet pollutant removal
requirements.
(3) Stormwater treatment system design. General engineering design criteria for all projects shall be in accordance
with 15A NCAC 2H .1008(c), as explained in the design manual.
(4) Stream buffers. In addition, intermittent and perennial streams within the project boundary shall be delineated
by a certified professional using U.S. Army Corps of Engineers and N.C. Division of Water Quality methodology
and shall be shown in the stormwater management permit application along with all buffer areas. All perennial
and intermittent streams draining less than 50 acres shall have a minimum 50-foot undisturbed buffer. All
perennial and intermittent streams draining greater than or equal to 50 acres shall have a 100-foot undisturbed
buffer, plus the entire floodplain. All buffers shall be measured from the top of the bank on both sides of the
stream. The uses allowed in the stream side zone described in the S.W.I.M. stream buffer requirements in the
city's zoning ordinance, chapter 12, as well as the other provisions of the S.W.I.M. ordinance shall apply in the
Yadkin-Southeast Catawba District (except buffer widths).
Six Mile Creek watershed only. In addition to the above information for streams in the Yadkin-Southeast Basin
Watershed, all perennial streams in the Six Mile Creek Watershed shall have 200-foot undisturbed buffers, plus
entire floodplain and all intermittent streams in the Six Mile Creek Watershed shall have 100-foot undisturbed
buffers all measured on each side of the stream from top of bank.
(5) Stormwater volume control. Stormwater treatment systems shall be installed to control the volume leaving the
project site at post-development for the one-year, 24-hour storm except I-1 and I-2 zoned developments which are
exempt from this requirement. Runoff volume drawdown time shall be a minimum of 48 hours, but not more than
120 hours.
(6) Stormwater peak control. For residential land disturbing activities exceeding ten percent built-upon area, peak
control shall be installed for the appropriate storm frequency (i.e., 10-, 25-, 50- or 100-year, six-hour) as
determined by the stormwater administrator based on a downstream flood analysis provided by the owner or
designee using the criteria specified in the design manual or if a downstream analysis is not performed the peak
shall be controlled for the ten-year and 25-year, six-hour storms. For commercial land disturbing activities
exceeding ten percent built-upon area, peak control shall be installed for the ten-year, six-hour storm and
additional peak control provided for the appropriate storm frequency (i.e., 25-, 50- or 100-year, six-hour) as
determined by the stormwater administrator based on a downstream flood analysis provided by the owner or
designee using the criteria specified in the design manual or if a downstream analysis is not performed the peak
shall be controlled for the ten-year and 25-year, six-hour storms. Controlling the one-year, 24-hour volume
achieves peak control for the two -year, six-hour storm. For I-1 and I-2 zoned developments, peak control shall be
installed for the two-year and ten-year, six-hour storms and additional peak control provided for the appropriate
storm frequency (i.e., 25-, 50- or 100-year, six-hour) based on a downstream flood analysis or if a downstream
analysis is not performed the peak shall be controlled for the two-year, ten-year and 25-year, six-hour storms. The
emergency overflow and outlet works for any pond or wetland constructed as a stormwater BMP shall be capable
of safely passing a discharge with a minimum recurrence frequency as specified in the design manual. For
detention basins, the temporary storage capacity shall be restored within 72 hours. Requirements of the Dam
Safety Act shall be met when applicable.

Sec. 18-146. Standards for stormwater control measures.

(a) Evaluation according to contents of design manual. All stormwater control measures and stormwater treatment
practices (also referred to as best management practices, or BMPs) required under this article shall be evaluated by
the stormwater administrator according to the policies, criteria, and information, including technical specifications,
standards and the specific design criteria for each stormwater best management practice contained in the design
manual. The stormwater administrator shall determine whether these measures will be adequate to meet the
requirements of this article.
(b) Determination of adequacy; presumptions and alternatives. Stormwater treatment practices that are designed,
constructed, and maintained in accordance with the criteria and specifications in the design manual will be presumed
to meet the minimum water quality and quantity perfor mance standards of this article. Whenever an applicant
proposes to utilize a practice or practices not designed and constructed in accordance with the criteria and
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specifications in the design manual, the applicant shall have the burden of demonstrating that the practice(s) will
satisfy the minimum water quality and quantity performance standards of this article before it can be approved for
use. The stormwater administrator may require the applicant to provide such documentation, calculations, and
examples as necessary for the stormwater administrator to determine whether such an affirmative showing is made.
(c) Submittal of digital records. Upon submittal of as-built plans, the location of storm drainage pipes, inlets and
outlets as well as the location of all BMPs as well as natural area must be delivered to the stormwater administrator
in the digital format specified in the administrative manual.

Sec. 18-147. Total phosphorus mitigation.

(a) Purpose. The purpose of this mitigation is to reduce the cost of complying with the 70 percent total phosphorus
removal criteria for development and redevelopment* with greater than or equal to 24 percent built-upon area while
ensuring the reduction of pollution loads and achievement of the ordinance objectives.
(b) General description. There are two total phosphorus mitigation options available to development and
redevelopment* greater than or equal to 24 percent built-upon area, including off-site mitigation and a buy-down
option as described in this section. Both off-site and buy-down mitigation will result in the construction of retrofit
BMPs in the same river basin (Catawba or Yadkin) as the mitigated site. In the Western Catawba district both forms
of mitigation must occur in the watershed of the same named creek system for the purpose of ensuring a balance of
total phosphorus loads to lake cove areas where phosphorus is a limiting pollutant with the exception that up to 30
percent of the buy-down money can be spent outside the watershed. In addition, the buy-down option is available
provided the city has projects and/or property available for mitigation. There is no total phosphorus requirement in
the Central Catawba District so the mitigation option is not necessary. The named creek (or drainage basin) systems
referred to above include:
(1) Western Catawba. Studman Branch, Porter Branch, Neal Branch, Stowe Branch, Beaverdam Creek, Little Paw
Creek, Paw Creek, Long Creek, Gar Creek, and the Lower Mountain Island watershed.
(2) Yadkin-Southeast Catawba. Six Mile Creek, Twelve Mile Creek, Caldwell Creek, McKee Creek, Reedy
Creek, Fuda Creek, Back Creek, Mallard Creek, and Lower Clarke Creek.
(c) Criteria for off-site mitigation.
(1) The owner or designee of a proposed construction site that will include greater than or equal to 24 percent built
upon area shall construct a BMP retrofit project designed to achieve an equivalent or greater net mass removal of
total phosphorus as would be achieved by removing 70 percent of the total phosphorus from the proposed site.
Off-site mitigation is allowed only for total phosphorus removal above 50 percent. On-site BMPs shall be
constructed to achieve 50 percent removal of total phosphorus from the project site.
(2) The stormwater administrator shall receive, review, approve, disapprove or approve with conditions an
"Application for Off-Site Total Phosphorus Mitigation." The stormwater administrator shall design this
application to include all pertinent infor mation. This application shall be submitted with the stormwater
management permit application and shall at a minimum contain a description of the BMP(s) to be
constructed, including their type and size as well as the pollutant removal efficiencies to be achieved. The location
of the site where the BMP(s) are to be constructed shall be described, including the size of
the drainage area to be treated and percentage and type of existing built upon area. The application must also
include the pounds of total phosphorus being mitigated for and the pounds of total phosphorus reduced with the
retrofit BMP(s). A legally valid instrument shall be submitted with the application to demonstrate that the
applicant has land rights to perform the BMP retrofit on the property.
(3) The criteria for approval of off-site total phosphorus mitigation by the stormwater administrator are as follows:
a. BMP(s) must be constructed in accordance with 15ANCAC 2H.1008(c), as explained in the design manual.
b. BMP(s) must be sized for the corresponding watershed area according to the design manual.
c. BMP(s) must be inspected by the stormwater administrator and found to be in compliance with all approved
plans and specifications prior to the release of occupancy permits for the mitigated site.
d. Following approval from the stormwater administrator, BMP(s) may be installed and credits obtained for
pounds of total phosphorus removed that can be applied to future projects. These credits can be accumulated or
"banked" for a period of time as specified by the stormwater administrator in the ad ministrative manual.
e. All off-site mitigation BMPs shall be subject to the maintenance requirements as well as installation and
maintenance performance securities specified in division 6.
(d) Criteria for total phosphorus buy-down option.
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(1) The owner or designee of a proposed construction site that will include greater than or equal to 24 percent built
upon area may "buy-down" the 70 percent phosphorus removal requirement to no less than 50 percent. On-site
BMPs must be installed to remove the remaining total phosphorus load. The money shall be used by the city to
construct BMP retrofit projects designed to achieve an equivalent or greater net mass removal of total phosphorus
as would be achieved by removing 70 percent of the total phosphorus from the proposed site.
(2) The stormwater administrator shall receive, review, approve, disapprove or approve with conditions an
"application for total phosphorus buy-down." The stormwater administrator shall design this application to include
all pertinent information. This application shall be submi tted with the stormwater management permit application
and shall at a minimum contain calculations showing the total load buy-down and all cost calculations as
described in the administrative manual.
(3) The criteria for the buy-down option are
as follows:
a. The buy-down option shall not be approved by the stormwater administrator unless projects and/or properties
are available for mitigation,
including BMP construction, BMP maintenance, BMP rehabilitation and stream restoration.
b. There is no time constraint for the city to spend mitigation money; however, the city shall strive to spend
buy-down monies in a timely and
efficient manner such that a net improvement in water quality results.
c. All BMPs constructed by the city as part of this mitigation option shall be maintained by the jurisdiction into
perpetuity.
(4) The criteria for calculating the buy-down cost shall be provided in the administrative manual.

Sec. 18-148. Deed recordation and indications on plat.

The approval of the stormwater management permit shall require an enforceable restriction on property usage that
runs with the land, such as plat, recorded deed restrictions or protective covenants, to ensure that future development
and redevelopment* maintains the site consistent with the approved project plans. The location of all designated
natural area for a site shall be recorded at the Mecklenburg County Register of Deeds Office as "undisturbed natural
area" or "re-vegetated natural area." Streams and buffer boundaries including the delineation of each buffer zone
must be specified on all surveys and record plats. The applicable operations and maintenance agreement pertaining
to every structural BMP shall be referenced on the final plat and shall be recorded with the Mecklenburg County
Register of Deeds Office upon final plat approval. If no subdivision plat is recorded for the site, then the operations
and maintenance agreement shall be recorded with the Mecklenburg County Register of Deeds Office so as to
appear in the chain of title of all subsequent purchasers under generally accepted searching principles. A copy of the
recorded maintenance agreement shall be provided to the stormwater administrator within 14 days following receipt
of the recorded document. A maintenance easement shall be recorded for every structural BMP to allow sufficient
access for adequate maintenance. The specific recordation and deed restriction requirements as well as notes to be
displayed on final plats and deeds shall be contained in the administrative manual.

Secs. 18-149—18-160. Reserved.

DIVISION 4. DEVELOPMENT AND
REDEVELOPMENT* MITIGATION

Sec. 18-161. Mitigation payment.

(a) Lots less than one acre. Development and redevelopment* on a lot less than one acre in size are allowed to
forego meeting the requirements of this article, except for required stream buffers, provided the city is paid a
mitigation fee according to rates set forth in the administrative manual and provided such development and
Redevelopment* are not part of a larger common plan of development or sale, even though multiple, separate or
distinct activities take place at different times on different schedules.
(b) Transit station areas and distressed business districts. Development and redevelopment* projects within transit
station areas designated by the planning director based on corridor record of decisions, council adopted station area
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plan or distressed business districts designated by the economic development director are allowed by right to forego
meeting the requirements of this article, except for required stream buffers and peak control and downstream
analysis requirements on the increased impervious area of the project site, provided one of the following three
measures are implemented on the site:
(1) Provide 85 percent TSS removal from first inch of rainfall for entire project;
(2) Provide one-year, 24-hour volume control and ten-year, six-hour peak control for entire project; or
(3) Pay the city a mitigation fee according to rates set forth in the administrative manual for the pre-project built
upon area and any additional impervious area not to exceed five acres. New impervious area in excess of five
acres must comply with this article.
(c) Redevelopment* not within transit station areas or distressed business districts. Projects involving
redevelopment* of existing built-upon-area and the cumulative addition of less than 20,000 square feet of new
built-upon-area are allowed by right to forego meeting the requirements of this article, except for required stream
buffers and phosphorous requirements, provided the city is paid a mitigation fee according to rates set forth in the
administrative manual for the post-project built- upon-area and, if required, onsite controls are installed for
stormwater quality, and detention (i.e. volume and peak c ontrol) as well as quality stream protection in accordance
with the provisions of the administrative manual.

Sec. 18-162. Criteria for mitigation payment.

(a) Notification to stormwater administrator. The buy-right mitigation option does not require approval by the
stormwater administrator; however, notification that this right is to be exercised for a particular lot must be made
prior to the issuance of any permits for the project. This notification is to be made to the stormwater administrator on
a standard form provided in the administrative manual.
(b) Use of mitigation payment. The city shall use the mitigation payment to install water quality enhancement
measures, including but not limited to BMPs, stream restoration, natural area preservation, etc. BMP(s) installed
using the mitigation payment must be constructed in accordance with 15A NCAC 2H .1008(c), as explained in the
design manual. All BMPs constructed by the jurisdiction as part of this mitigation option shall be maintained by the
jurisdiction into perpetuity. The city will pursue using these mitigation funds within the same watershed as the
project site provided adequate resources and property are available.

Secs. 18-163—18-170. Reserved.

DIVISION 5. NATURAL AREA

Sec. 18-171. Purpose.
Natural area provides for a reduction in the negative impacts from stormwater runoff through nonstructural means.
The combination of the structural BMPs described in division 3 with the nonstructural natural area provisions
described in this section allow the objectives of this article to be fulfilled.

Sec. 18-172. General description.

Undisturbed natural area is required for all development unless mitigated. The percentage of natural area required
depends on a project's built-upon area as described below. Natural area requirements can be met in stream or lake
buffers, designated common areas or on individual lots for residential development (e.g., backyards, borders, etc.).
Natural area requirements can be met in vegetated utility rights-of-way (including sewer, water, gas, etc.) at a ratio
of one acre of right-of-way to one-fourth acre of natural area credit. Grass fields can be used to meet natural area
requirements on a one-to-one ratio; however, the fields must be replanted in accordance with the tree planting
provisions described in subsection 18-175(c). Natural area requirements can also be met in planting strips that are
planted in trees in accordance with the city's tree ordinance, this article or other tree planting requirements for road
rights-of-way at a ratio of one acre of planting strip to three-fourth acre of natural area credit. Natural area is
preferred where it will provide maximum water quality benefit (i.e. around gullies and existing drainage areas,
adjacent to streams and wetlands, around structural BMPs, etc.). Cluster provisions aswell as tree and S.W.I.M.
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buffer ordinance incentives currently contained in the city's ordinances will continue to apply in the area designated
to meet this natural area requirement.

Sec. 18-173. Natural area criteria.

Natural Area requirements apply to projects as described below.
(1) Less than 24 percent built-upon area. A project with less than 24 percent built-upon area shall include as natural
area within the boundaries of the project a minimum of 25 percent of the project
area.
(2) Greater than or equal to 24 percent and less than 50 percent built-upon area. A project with greater than or
equal to 24 percent and less than 50 percent built-upon area shall include as natural area within the boundaries of the
project a minimum of 17.5 percent of the project area.
(3) Greater than or equal to 50 percent built-upon area. A project with greater than or equal to 50 percent built-
upon area shall include as natural area space within the boundaries of the project a minimum of ten percent of the
project area.
(4) I-1 and I-2 development and redevelopment* projects. I-1 and I-2 zoned developments are exempt from the open
space requirement in the Central and Western Catawba Districts.

Sec. 18-174. Natural area designation.

For natural area areas that have remained undisturbed, the location of this area shall be recorded at the register of
deeds office as "undisturbed natural area." For natural area areas that have been disturbed and revegetated, the
location of this area shall be recorded at the register of deeds office as "revegetated natural area." The future
disturbance of these areas is prohibited except for greenway trails with unlimited public access, private trails
provided they are composed of pervious materials and comply with the S.W.I.M. stream buffer requirements,
Charlotte-Mecklenburg Utility lines and channel work/maintenance activities by Charlotte-Mecklenburg stormwater
services. Other utility work may be allowed in the natural area areas provided it will not result in loss of natural area
as approved by the city.

Sec. 18-175. Natural area mitigation.

(a) Purpose. The purpose of this mitigation is to reduce the cost of complying with the natural area requirement
while ensuring the reduction of pollution loads and achievement of the article objectives.
(b) General description. Approved disturbance to the natural area described in section 18-173 must be offset by an
allowable form of mitigation, including on-site and off-site mitigation as well as through payment-in-lieu.
(c) Natural area mitigation criteria.
(1) On-site mitigation. On-site mitigation shall allow the disturbance of designated natural area on a project with
the fulfillment of the following criteria on the project site:
a. Establishment of a minimum of six inches of top soil to the disturbed natural area following the completion of
construction activities. This
material may be obtained from onsite when available.
b. Planting of a minimum of 36 trees per acre of natural area as follows:
1. Trees shall have a minimum caliper of one and one-half inches.
2. Trees shall be of a quality set forth by the American Standard for Nursery Stock and will
be selected from a list of acceptable native species for planting in natural area established by the jurisdiction.
3. Planted trees shall contain a mix of at least three different species in roughly equal proportions and be
"large mature shade tree species" as defined by the city.
4. Trees shall be planted in accordance with specifications provided by the city.
5. Trees shall be warranted for a minimum of two years following planting and any dead or diseased trees
must be replaced.
c. The area around and between trees must be stabilized using an approved vegetative ground cover and mulch.
d. The slope of any graded or disturbed area that is dedicated for natural area cannot exceed 3 to1.
e. The flow of water across the natural area must be controlled to prevent soil erosion or mulch disturbance.
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(2) Off-site mitigation. The city shall allow natural area disturbance and off-site mitigation through the acceptance
for ownership or conservation easement properties for the protection of natural area. This off-site mitigation shall
be located in the same delineated watershed as the project site. There are 20 delineated watershed districts used for
mitigation purposes as follows: Sugar/Irwin, Little Sugar/Briar, McMullen, McAlpine, Four Mile, Six Mile,
Stevens/Goose, Clear, McKee, Reedy, Back,
Mallard, Clarks, Rocky River, McDowell, Gar, Long, Paw, Steele, Beaver Dam, and Stowe Branch. In the event
property for purchase cannot be located within the same watershed district, the city shall designate an alternate
watershed where there will be a net improvement in water quality protection such as designated impaired
watersheds.
(3) Payment in lieu of natural area dedication. Payment in lieu of natural area dedication is only allowed for
commercial development and multi-family development projects that are in excess of 50 percent built upon area.
Payment in lieu shall only be allowed to the extent an approved disturbance cannot be offset by on-site mitigation
as determined by the stormwater administrator. The following criteria shall be fulfilled for the payment
in lieu option:
a. A fee shall be paid to the city where the property is located or its designee based on the following formula:
1.25 × (appraised value of subject property including intended use without improvements). The appraised value
of the subject property shall be determined by a licensed, independent real estate appraiser retained by the
developer or owner. The jurisdiction may accept the appraised value or at its discretion obtain its own appraisal.
In the event the parties cannot agree on the appraised value, the two appraised values shall be averaged together
to determine the final appraised value to be used in the formula above.
b. Payment shall be accepted by the city or its designee prior to land disturbing activities.
c. The city shall use the payment-in-lieu to purchase natural area in the same delineated watershed as the
property to be disturbed. The 20
delineated watershed districts used for mitigation purposes are described in subsection (c)(2). As an option, the
city may elect to use up to ten per-
cent of the fee to purchase and plant trees within the city.
(d) Approval criteria for natural area mitigation.
(1) Application for natural area mitigation. The stormwater administrator shall receive, review, approve,
disapprove or approve with conditions an "application for natural area mitigation." The stormwater administrator
shall design this application to include all pertinent information, including at a minimum a "mitigation plan"
describing the desired mitigation option as discussed in previous sections. An application for on-site mitigation
shall show the location of the restored natural area on the property and the location, type and size of all trees and
ground cover to be planted as well as contain a warranty statement for the trees. An off-site mitigation application
shall show the location and description including acreage, etc. of the property to be used for mitigation and
contain a legally valid instrument demonstrating that the applicant has legal title to the property for transfer to the
city a payment in lieu application shall at a minimum contain the location and description of the site to be
mitigated and an approved appraisal by a licensed,
independent real estate appraiser.
(2) Pre-approved natural area mitigation. The following is pre-approved for on-site mitigation and does not
require the submittal of an application to the stormwater administrator; however, these mitigation areas shall be
described on the stormwater management permit application: Residential, commercial and multifamily uses: Forty
percent of the required natural area as described in section 18-173 is pre-approved for on-site mitigation. Other
forms of mitigation as described above must receive approval from the stormwater administrator.
(e) Natural area designation. All designated natural area areas included as part of an approved mitigation must be
recorded at the register of deeds office. For off-site mitigation and payment in lieu where natural area remains
undisturbed, the location of this area shall be recorded at the register of deeds office as "undisturbed natural area."
For natural area areas that have been disturbed and revegetated, the location of this area shall be recorded at the
register of deeds office as "revegetated natural area." The future disturbance of these areas shall be in accordance
with ordinance requirements, which allow for disturbances associated with the installation of greenway trails with
unlimited public access, private trails provided they are composed of pervious materials and comply with S.W.I.M.
stream buffer requirements, Charlotte-
Mecklenburg Utility lines and channel work/ maintenance activities by Charlotte-Mecklenburg stormwater services.
Other utility work may be allowed in the natural area provided it will not result in loss of natural area as approved
by the city.
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Secs. 18-176—18-190. Reserved.

DIVISION 6. MAINTENANCE

Sec. 18-191. Dedication of BMPs, facilities and improvements.
(a) Single-family residential BMPs accepted for maintenance. The city shall accept maintenance responsibility (as
specified in the administrative manual) of structural BMPs that are installed pursuant to this article following a
warranty period of two years from the date of as -built certification described in section 18-123, provided the BMP:
(1) Only serves a single-family detached residential site or townhomes all of which have public street frontage;
(2) Is satisfactorily maintained during the two-year warranty period by the owner or designee;
(3) Meets all the requirements of this article and the design manual; and
(4) Includes adequate and perpetual access and sufficient area, by easement or other wise, for inspection,
maintenance, repair or reconstruction.
The stormwater administrator must receive an application for transfer of maintenance responsibilities for the
structural BMP along with the stormwater management permit application. The stormwater administrator will
develop and distribute this application as a component of the administrative manual (see subsection 18-122).
(b) Maintenance and operation of BMPs. The owner of a structural BMP installed pursuant to this article and not
covered under subsection (a) shall maintain and operate the BMP so as to preserve and continue its function in
controlling stormwater quality and quantity at the degree or amount of function for which the structural BMP was
designed.
(c) Damage or removal of trees. The following provisions apply to trees contained in permitted natural area areas or
in BMPs that are damaged or removed:
(1) For trees damaged or removed due to natural disasters, the owner shall be required to replace the trees in
accordance with the natural area mitigation criteria described in subsection 18-175(c)(1) within
a timeframe specified by the stormwater administrator.
(2) For trees damaged or removed due to reasons other than subsection (c)(1), the owner shall be required to
replace the trees in accordance with the natural area mitigation criteria described in subsection 18-175(c)(1) within
a timeframe specified by the stormwater administrator with the following exception, the trees shall be replaced at
twice the specified density. In addition, the owner may be subject to fines as described in division 7.
(d) Annual maintenance inspection and report. The person responsible for maintenance of any BMP installed
pursuant to this article and not covered under subsection (a) shall submit to the stormwater administrator an
inspection report from a qualified registered state professional engineer or registered landscape architect performing
services only in their area of competence. All inspection reports shall be on forms supplied by the stormwater
administrator that are contained in the administrative manual. An original inspection report shall be provided to the
stormwater administrator beginning one year from the date of as-built certification and each year thereafter on or
before the anniversary date of the as-built certification.

Sec. 18-192. Operation and maintenance agreement.

(a) General. At the time that as-built plans are provided to the stormwater administrator as described in section 18-
123 and prior to final approval of a project for compliance with this article, but in all cases prior to placing the
BMPs in service, the applicant or owner of the site must execute an operation and maintenance agreement that shall
be binding on all current and subsequent owners of the site, portions of the site, and lots or parcels served by the
structural BMP. Failure to execute an operation and maintenance agreement within the time frame specified by the
stormwater administrator may result in assessment of penalties as specified in division 7. Until the transference of
all property, sites, or lots served by the structural BMP, the original owner or applicant shall have primary
responsibility for carrying out the provisions of the maintenance agreement. At the discretion of the stormwater
administrator, certificates of occupancy may be withheld pending receipt of an operation and maintenance
agreement.
The operation and maintenance agreement shall require the owner or owners to maintai n, repair and, if necessary,
reconstruct the structural BMP, and shall state the terms, conditions, and schedule of maintenance for the structural
BMP. In addition, it shall grant to the city a right of entry in the event that the stormwater administrator has reason
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to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the structural BMP; however,
in no case shall the right of entry, of itself, confer an obligation on the city to assume responsibility for the structural
BMP.
Standard operation and maintenance agreements for BMPs shall be developed by the stormwater administrator and
made available in the administrative manual. The operation and maintenance agreement must be approved by the
stormwater administrator prior to plan approval, and it shall be referenced on the final plat as described in section
18-148.
(b) Special requirement for homeowners' and other associations. For all structural BMPs required pursuant to this
article not covered under subsection 18-192(a), and that are to be or are owned and maintained by a homeowners'
association, property owners' association, or similar entity, the required operation and maintenance agreement shall
include the provisions described in the design manual.

Sec. 18-193. Inspection program.

Inspections and inspection programs by the city may be conducted or established on any reasonable basis, including
but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of
possible violations; and joint inspections with other agencies inspecting under environmental or safety laws.
Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in BMPs; and evaluating the condition of BMPs.
If the owner or occupant of any property refuses to permit such inspection, the stormwater administrator shall
proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2 or its successor. No person shall
obstruct, hamper or interfere with the stormwater administrator while carrying out his or her official duties.

Sec. 18-194. Performance security for installation and maintenance.

The city may require the submittal of a perfor mance security or bond with surety, cash escrow, letter of credit or
other acceptable legal arrangement prior to issuance of a permit in accordance with the provisions contained in the
administrative manual.

Sec. 18-195. Records of installation and maintenance activities.

The owner of each structural BMP shall keep records of inspections, maintenance, and repairs for at least five years
from the date of creation of the record and shall submit the same upon reasonable request to the stormwater
administrator.

Sec. 18-196. Maintenance easement.

Every structural BMP installed pursuant to this article shall be made accessible for adequate inspection,
maintenance, reconstruction and repair by a maintenance easement, which will be shown and labeled on all plans
and plats. The easement shall be recorded to provided adequate and perpetual access and sufficient area, in favor of
the city or otherwise, for inspection, maintenance, repair or reconstruction. All BMPs that are not located adjacent to
a public right-of-way will require the owner to provide a 20-foot wide access easement in favor of the city that
connects the BMP area to the public right-of-way. The easement shall be described on all plans and plats as follows:
"The purpose of the Post Construction Controls Easement (PCCE) is to provide stormwater conveyance and for the
control and treatment of stormwater runoff. Buildings or any other objects which impede stormwater flow, system
performance or system maintenance are prohibited. This easement also provides for unlimited access for inspection
and maintenance purposes to be performed on the BMP as required by the City of Charlotte's Stormwater Ordinance
Post Construction Controls Regulations." The easement shall be recorded as described in section 18-148 and its
terms shall specify who may make use of the easement and for what purposes.

Secs. 18-197—18-210. Reserved.

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DIVISION 7. VIOLATIONS AND ENFORCEMENT

Sec. 18-211. Enforcement—Inspections and investigations.

(a) Authority to inspect and investigate. The stormwater administrator shall have the authority, upon presentation of
proper credentials, to enter and inspect any land, building, structure, or premises to ensure compliance with this
article, or rules or orders adopted or issued pursuant to this article, and to investigate to determine whether the
activity is being conducted in accordance with this article and the approved stormwater management plan, design
manual and administrative manual and whether the measures required in the plan are effective. The stormwater
administrator shall also have the power to require written statements, or the filing of reports under oath as part of an
investigation.
(b) No person shall resist, delay, obstruct, hamper or interfere with the stormwater administrator while the
stormwater administrator is inspecting and/or investigating or attempting to inspect and/or investigate an activity
under this article. The stormwater administrator, to the extent permitted by law, may seek the issuance of a search
warrant to determine compliance with this article.
(c) Inspection and/or investigation frequency. The inspections and investigations outlined above in subsection (a)
may be conducted or established on any reasonable basis, including but not limited to: routine inspections and/or
investigations; random inspections and/or investigations; inspections and/or investigations based upon complaints or
other notice of possible violations; and joint inspections and/or investigations with other agencies inspecting and/or
investigations under environmental or safety laws. Inspections may include, but are not limited to: reviewing
maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in BMPs;
and evaluating the condition of BMPs.

Sec. 18-212. Violations and enforcement.

(a) Violation unlawful. Any failure to comply with an applicable requirement, prohibition, standard, or limitation
imposed by this article, or the terms or conditions of any permit or other development or redevelopment* approval
or authorization granted pursuant to this article, is unlawful and shall constitute a violation of this article.
(b) Responsible persons/entities. Any person who erects, constructs, reconstructs, alters (whether actively or
passively), or fails to erect, construct, reconstruct, alter, repair or maintain any structure, BMP, practice, or condition
in violation of this article, as well as any person who participates in, assists, directs, creates, causes, or maintains a
condition that results in or constitutes a violation of this article, or fails to take appropriate action, so that a violation
of this article results or persists; or an owner, any tenant or occupant, or any other person, who has control over, or
responsibility for, the use, development or redevelopment* of the property on which the violation occurs shall be
subject to the remedies, penalties, and/or enforcement actions in accordance with this section. For the purposes of
this article, responsible person(s) shall include but not be
limited to:
(1) Person maintaining condition resulting in or constituting violation. Any person who participates in, assists,
directs, creates, causes, or maintains a condition that constitutes a violation of this article, or fails to take
appropriate action, so that a violation of this article results or persists.
(2) Responsibility for land or use of land. The owner of the land on which the violation occurs, any tenant or
occupant of the property, any person who is responsible for stormwater controls or practices pursuant to a private
agreement or public document, or any person, who has control over, or responsibility for, the use, development or
redevelopment* of the property.
(c) Notice of violation and order to correct. If, through inspection and/or investigation, it is found that any building,
structure, or land is in violation of this article, the stormwater administrator shall notify in writing the responsible
person/entity. The notice may be served by any means authorized under G.S. 1A-1, rule 4, or other means
reasonably calculated to give actual notice. The notification shall indicate the nature of the violation, contain the
address or other description of the site upon which the violation occurred or is occurring, order the necessary action
to abate the violation, and give a deadline for correcting the violation. The notice shall, if required, specify a date by
which the responsible person/entity must comply with this article, and advise that the responsible person/entity is
subject to remedies and/or penalties or that failure to correct the violation within the time specified will subject the
responsible person/entity to remedies and/or penalties as described in section 18-213. In determining the measures
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required and the time for achieving compliance, the stormwater administrator shall take into consideration the
technology and quantity of work required, and shall set reasonable and attainable time limits.
If a violation is not corrected within a reasonable period of time, as provided in the notification, the stormwater
administrator may take appropriate action, as provided in section 18-213, to correct and abate the violation and to
ensure compliance with this article.
(d) Extension of time. A responsible person/entity who receives a notice of violation and correction order, or the
owner of the land on which the violation occurs,may submit to the stormwater administrator a written request for an
extension of time for correction of the violation. On determining that the request includes enough information to
show that the violation cannot be corrected within the specified time limit for reasons beyond the control of the
responsible person/entity requesting the extension, the stormwater administrator may extend the time limit as is
reasonably necessary to allow timely correction of the violation, up to, but not exceeding 60 days. The stormwater
administrator may grant 30 day extensions in addition to the foregoing extension if the violation cannot be corrected
within the permitted time due to circumstances beyond the control of the responsible person/entity violating this
article. The stormwater administrator may grant an extension only by written notice of extension. The notice of
extension shall state the date prior to which correction must be made, after which the violator will be subject to the
penalties described in the notice of violation and correction order.
(e) Emergency enforcement. If a violation seriously threatens the effective enforcement of this article or poses an
immediate danger to the public health, safety, or welfare or the environment, then the stormwater administrator may
order the immediate cessation of a violation. Any person so ordered shall cease any violation immediately. The
stormwater administrator may seek immediate enforcement, without prior written notice, through any remedy or
penalty specified in section 18-213.

Sec. 18-213. Remedies and penalties.

(a) Civil penalties. Any person who violates any of the provisions of this article or rules or other orders adopted or
issued pursuant to this article may be subject to a civil penalty. A civil penalty may be assessed from the date the
violation occurs. The stormwater administrator shall determine the amount of the civil penalty and shall notify the
violator of the amount of the penalty and the reason for assessing the penalty. No penalty shall be assessed until the
person alleged to be in violation has been notified of the violation except as provided in subsection 18-
212(d) in which case the penalty is assessed concurrently with a notice of violation. Refusal to accept the notice or
failure to notify the stormwater administrator of a change of address shall not relieve the violator's obligation to
comply with the article or to pay such a penalty.
(b) Each day a separate offense. Each day that a violation continues shall constitute a separate and distinct violation
or offense.
(c) Penalties assessed concurrent with notice of violation. Penalties may be assessed concurrently with a notice of
violation for any of the following, in which case the notice of violation shall also contain a statement of the civil
penalties to be assessed, the time of their accrual, and the time within which they must be paid or be subject to
collection as a debt:
(1) Failure to submit a stormwater management plan;
(2) Performing activities without an approved stormwater management plan;
(3) Obstructing, hampering or interfering with an authorized representative who is in the process of carrying out
official duties;
(4) A repeated violation for which a notice was previously given on the same project and to the same responsible
person/entity responsible for the violation;
(5) Willful violation of this article; and
(6) Failure to install or maintain best management practices per the approved plan.
(d) Amount of penalty. The civil penalty for each violation of this article may be up to the maximum allowed by law.
In determining the amount of the civil penalty, the stormwater administrator shall consider any relevant mitigating
and aggravating factors including, but not limited to, the effect, if any: of the violation; the degree and extent of
harm caused by the violation; the cost of rectifying the damage; whether the violator saved money through
noncompliance; whether the violator took reasonable measures to comply with this article; whether the violation was
committed willfully; whether the violator reported the violation to the stormwater administrator; and the prior record
of the violator in complying or failing to comply with this article or any other post-construction ordinance or law.
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(e) Failure to pay civil penalty assessment. If a violator does not pay a civil penalty assessed by the stormwater
administrator within 30 days after it is due, or does not request a hearing as provided in subsection (c), the
stormwater administrator shall request the initiation of a civil action to recover the amount of the assessment. The
civil action shall be brought in Mecklenburg County superior court or in any other court of competent jurisdiction. A
civil action must be filed within three years of the date the assessment was due. An assessment that is appealed is
due at the conclusion of the administrative and judicial review of the assessment.
(f) Appeal of remedy or penalty. The issuance of an order of restoration and/or notice of assessment of a civil
penalty by the stormwater administrator shall entitle the responsible party or entity to an appeal before the
stormwater advisory committee (SWAC) if such person submits written demand for an appeal hearing to the clerk of
SWAC within 30 days of the receipt of an order of restoration and/or notice of assessment of a civil penalty. The
demand for an appeal shall be accompanied by a filing fee as established by SWAC. The appeal of an order of
restoration and/or notice of assessment of a civil penalty shall be conducted as described in section 18-124.
(g) Additional remedies.
(1) Withholding of certificate of occupancy. The stormwater administrator or other authorized agent may refuse to
issue a certificate of occupancy for the building or other improvements constructed or being constructed on the
site and served by the stormwater practices in question until the applicant or other responsible person has taken
the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.
(2) Disapproval of subsequent permits and plan approvals. As long as a violation of this article continues and
remains uncorrected, the stormwater administrator or other authorized agent may withhold, and the stormwater
administrator may disapprove, any request for permit or plan approval or authorization provided for by this article
or the zoning, subdivision, and/or building regulations, as appropriate for the land on which the v iolation
occurs.
(3) Injunction, abatements, etc. The stormwater administrator, with the written authorization of the city manager,
may institute an action in a court of
competent jurisdiction for a mandatory or prohibitory injunction and order of abatement to correct a violation of
this article. Any person violating this article shall be subject to the full range of equitable remedies provided in the
general statutes or at common law.
(4) Correction as public health nuisance, costs as lien, etc. If the violation is deemed dangerous or prejudicial to
the public health or public safety and is within the geographic limits prescribed by G.S. 160A-193, the stormwater
administrator, with the written authorization of the city manager, may cause the violation to be corrected and the
costs to be assessed as a lien against the property.
(5) Restoration of areas affected by failure to comply. By issuance of an order of restoration, the stormwater
administrator may require a person who engaged in a land disturbing activity and failed to comply with this article
to restore the waters and land affected by such failure so as to
minimize the detrimental effects of the resulting pollution. This authority is in addition to any other civil penalty
or injunctive relief authorized under this article.
(h) Criminal penalties. Violation of this article may be enforced as a misdemeanor subject to the maximum fine
permissible under state law.