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Home My WebLink AboutNCS000409_Self Audit With Documents 1-5_20210823DRAFT PHASE II MS4 AUDIT TEMPLATE FOR PERMITS ISSUED PRIOR TO 2019 MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PROGRAM SELF AUDIT REPORT NPDES PERMIT NO. NCS000409 Belmont, NORTH CAROLINA 1401 East Catawba Street Belmont, NC 28012 Audit Date: 8-20-2021 Report Date: 8-20-2021 North Carolina Department of Environmental Quality Division of Energy, Mineral & Land Resources Stormwater Program 512 N. Salisbury Street, 9th floor 1612 Mail Service Center Raleigh, NC 27699-1612 Construction Site Runoff Controls Staff Interviewed: Joe Lineberger (Name, Title, Role) Natural Resources Conservationist II y0001k,0, c. Program Delegation Status: P ® The permittee has a delegated Sediment and Erosion Control Program and implements the North Carolina Sedimentation Pollution Control Act (SPCA) of 1973 components of this minimum measure (complete the permit citation and SPCA citation sections). ❑ The permittee does not have a delegated Sediment and Erosion Control Program and relies on DEMLR to comply with the North Carolina Sedimentation Pollution Control Act (SPCA) of 1973 components of this minimum measure (complete only the permit citation section). Permit Citation Program Requirement Status supporting Doc No. II.E.3 Construction Site Runoff Controls The permittee provides and promotes a means for the public to notify the (NPDES Permit No. appropriate authorities of observed erosion and sedimentation problems (e.g., Yes Website NC5000435] promoting the existence of the DEQ DEMLR "Stop Mud" hotline). Provided electronically and physical handouts. County hosts a local program for educational workshops. https://www.gastongov.com/government/departments/natu ra I_resources/stormwater_Control.php SPCA Citation Delegated Program Requirement Status supposing Doc No. 113A-60 Local erosion and The permittee has adopted an ordinance or other regulatory mechanism to enforce yes Doc. i sedimentation the erosion and sedimentation control program. control programs (a) If yes, the ordinance meets or exceeds the minimum requirements of the SPCA. Yes DOc.l If yes, the ordinance applies throughout the corporate limits of the permittee. [Permit Part 1. D] Yes Doc. 1 Gaston County Erosion Control Ordinance (Document 1). Gaston county and all the municipalities are in a local agreement. Audit Date(s): 8-20-2021 Page 1 of 28 Construction Site Runoff Controls § 113A-60 Local erosion and The permittee collects a fee paid by each person who submits an erosion and sedimentation sedimentation control plan. Yes Doc. 2 control programs (d) Please see Document 2 for fee breakdown. $300 per disturbed acre. 113A-60 Local Has any person initiated a land -disturbing activity (within the permittee's erosion and jurisdiction) for which an erosion and sedimentation control plan is required in the No sedimentation absence of an approved plan? control programs (e) If yes, the permittee has notified the North Carolina Sedimentation Control Not Commission of all such cases. Applicable Has the permittee determined that a person engaged in a land -disturbing activity has failed to comply with an approved erosion and sedimentation control plan? No If yes, has the permittee referred any such matters to the North Carolina Not Sedimentation Control Commission for inspection and enforcement? Applicable Enforcement is performed by Gaston county. 113A-61 Local The permittee reviews each erosion and sedimentation control plan submitted to approval of erosion them and notifies the person submitting the plan that it has been approved, Yes Doc. 1 and sedimentation approved with modification, or disapproved within 30 days of receipt. control plans The permittee only approves an erosion and sedimentation control plan upon determining that it complies with all applicable State and local regulations. Yes Doc.l The permittee has disapproved of an erosion and sedimentation control plan in order to protect riparian buffers along surface waters. No If yes, the permittee notified the Director of the Division of Energy, Not Mineral, and Land Resources within 10 days of the disapproval. Applicable Gaston county follows state guidelines. Audit Date(s): 8-20-2021 Page 2 of 28 Construction Site Runoff Controls § 113A-61.1 Inspection of land- The certificate of approval of each erosion and sedimentation control plan disturbing activity; approved by the permittee includes a notice of the right to inspect. Yes DOc.3 notice of violation (a) The permittee provides for inspection of land -disturbing activities to ensure compliance with the SPCA and to determine whether the measures required in an Yes Doc. 3 erosion and sedimentation control plan are effective. Document 3 is an example of an approval letter. § 113A-61.1 When the permittee determines that a person engaged in land -disturbing activity Inspection of land- has failed to comply with the SPCA, the Permittee immediately issues a notice of Yes Doc. i & disturbing activity; violation upon that person. r of violation Each notice of violation issued by the permittee specifies the date by which the DOc. 1 <<- i ltice person must comply. Yes 4 Each notice of violation issued by the permittee informs the person of the actions Doc, 18, that need to be taken to comply. Yes All part of the written inspection form (Please see document 4 for an example of an inspection form.) 113A-64 Penalties Does the permittee issue civil penalties as part of the erosion and sedimentation program? Yes Doc.l Example: NOV = $5,000 max per day per violation after compliance date expires Audit Date(s): 8-20-2021 Page 3 of 28 Post -Construction Site Runoff Controls Staff Interviewed: (Name, Title, Role) Joe Alm Gaston County Stormwater Administrator Audit Date(s): 8-20-2021 Page 4 of 28 Post -Construction Site Runoff Controls Implementation (check all that apply): ® The permittee implements the components of this minimum measure. ❑ The permittee relies upon another entity to implement the components of this minimum measure: name of entity ® The permittee implements the following deemed -compliant program(s), which meet NPDES MS4 post -construction requirements for the areas where implemented and in compliance with the specific program requirements as provided in 15A NCAC and noted below (Complete Session Law 2006-246 section below): ❑ Water Supply Watershed I (WS-1) —15A NCAC 2B .0212 ❑ Water Supply Watershed II (WS-11)-15A NCAC 28.0214 ❑ Water Supply Watershed III (WS-III) —15A NCAC 26 .0215 ® Water Supply Watershed IV (WS-IV) —15A NCAC 26.0216 ❑ Freshwater High Quality Waters (HOW) —15A NCAC 2H .1006 ❑ Freshwater Outstanding Resource Waters (ORW) —15A NCAC 2H .1007 ❑ Neuse River Basin Nutrient Sensitive (NSW) Management Strategy-15A NCAC 2B .0235 ❑ Tar -Pamlico River Basin Nutrient Sensitive (NSW) Management Strategy-15A NCAC 2B .0258 ❑ Randleman Lake Water Supply Watershed Nutrient Management Strategy —15A NCAC 2B .0251 ❑ Universal Stormwater Management Program —15A NCAC 2H .1020 Ordinance(s) (check all that apply): The permittee utilizes the following ordinances and/or regulatory authority to fulfill post construction minimum measure program requirements throughout the MS4 permitted area (check all that apply): M DEQ model ordinance ® MS4 designed post -construction practices that meet or exceed 15A NCAC 02H .1000. ® DEQ approved comprehensive watershed plan ❑ DEQ approved ordinance for a deemed -compliant Program (see list above) Instructions: For MS4s not implementing a S.L. 2006-246 deemed -compliant program, complete only the Permit Citation section below. For MS4s implementing a S.L. 2006-246 deemed -compliant program, complete the Session Law 2006-246 section below. If the MS4 does not implement a deemed -compliant program throughout the entire MS4 permitted area, then complete the Permit Citation section below for the permitted area(s) not covered under the S.L. 2006-246 deemed -compliant program. Session Law 2006- program Requirement Status Supporting 246 Doc No. Audit Date(s): 8-20-2021 Page 5 of 28 Post -Construction Site Runoff Controls Deemed -Compliant The permittee implements deemed -compliant Program requirements in Doc. 5 & Program(s) accordance with the applicable 15A NCAC rules. Yes 6 The permittee implements deemed -compliant Program requirements throughout Doc. 5 & the entire MS4 area (if not also complete the Permit Citation section below.) Yes 6 The permittee applies deemed -compliant Program requirements to all federal, state and local government projects within the permitted MS4 area who do not Yes Doc. 5 & have their own NPDES stormwater permit. 6 The permittee included deemed -compliant Program reporting in their MS4 Annual Doc 5 R Reports. Yes The permittee included deemed -compliant Program implementation in their Doc. 5 & Stormwater Management Plan. Yes 6 Please see document 5 for Watershed Protection Ordinance. Please see document 6 for our Stormwater Management Plan. Permit Citation Program Requirement Status Supporting Doc No. II.F.2.a The permittee maintained an ordinance or other regulatory mechanism designed Legal Authority to meet the objectives of the Post -Construction Site Runoff Controls Stormwater Yes Doc. 7 Management Program. 8 If yes, the ordinance applies throughout the corporate limits of the permittee (verify permit coverage area listed in Part LD of permit and modify Yes Doc. 7 & accordingly). 8 The permittee has the authority to review designs and proposals for new development and redevelopment to determine whether adequate stormwater Yes Doc. 7 & control measures will be installed, implemented, and maintained. 8 The permittee has the authority to request information such as stormwater plans, inspection reports, monitoring results, and other information deemed necessary to Doc. 7 & evaluate compliance with the Post -Construction Stormwater Management Yes 8 Program. The permittee has the authority to enter private property for the purpose of inspecting at reasonable times any facilities, equipment, practices, or operations Yes Doc. 7 & related to stormwater discharges. 8 Please see document 7 for NPDES Permit Number NC approval letter NCS000409. Please see document 8 for Belmont Permit NCS000409. II.F.2.b Stormwater Control The permittee utilizes strategies which include SCMs appropriate for the MS4. Yes Doc 8 Measures (SCMs) SCMs comply with 15A NCAC 02H .1000. Yes Doc 8 Audit Date(s): 8-20-2021 Page 6 of 28 Post -Construction Site Runoff Controls Comments II.F.2.c The permittee conducted site plan reviews of all new development and Plan Reviews redeveloped sites that disturb greater than or equal to one acre (including sites that disturb less than one acre that are part of a larger common plan of Yes Doc. 11 development or sale). If yes, the site plan reviews addressed how the project applicant meets the performance standards. Yes Doc. 11 If yes, the site plan reviews addressed how the project will ensure long-term maintenance. Yes Doc. 11 Please see document 11 for the TRC document. Specifically, sections 15.3, 15.4, and 15.5. II.F.2.d The permittee maintained an inventory of projects with post -construction Inventory of Projects structural stormwater control measures installed and implemented at new Partial Doc. 9 development and redeveloped sites. The inventory included both public and private sector sites located within the permittee's corporate limits that are covered by its post -construction ordinance Partial Doc. 9 requirements. Inventory list needs to be updated. ILF2.e The permittee provided mechanisms such as recorded deed restrictions and Deed Restrictions Protective covenants that ensure development activities will maintain the project Yes Doc. 10 and Protective consistent with approved plans. Covenants Please see document 10 for the NCDEQ SCM Operation and Maintenance document. II.F2.f The permittee implemented or required an operation and maintenance plan for Mechanism to the long-term operation of the SCMs required by the program. Yes Doc. 6 Require Long-term Operation and The operation and maintenance plan required the owner of each SCM to perform Maintenance and maintain a record of annual inspections of each SCM. Yes Doc. 6 Annual inspection of permitted structural SCMs are required to be performed by a qualified professional. Yes Doc, Please refer to document 6. Audit Date(s): 8-20-2021 Page 7 of 28 Post -Construction Site Runoff Controls II.F.2.g The permittee conducted and documented inspections of each project site covered Inspections of under performance standards, at least one time during the permit term (Verify this Yes Doc. 12 Structural is a permit condition in PartII.F.2.g of permit and modify accordingly). Stormwater Control Before issuing a certificate of occupancy or temporary certificate of occupancy, the Measures permittee conducted a post -construction inspection to verify that the permittee's performance standards have been met or a bond is in place to guarantee Yes Doc. 12 completion (Verify this is a permit condition in Part II.F.2.g of permit and modify accordingly. The permittee developed and implemented a written inspection program for SCMs installed pursuant to the post -construction program(Verify this is a permit Yes Doc. 12 condition in Part II.F.2.g of permit and modify accordingly. The permittee documented and maintained records of inspections. Yes Doc. 12 The permittee documented and maintained records of enforcement actions. Yes Doc. 12 II.F.2.h The permittee made available through paper or electronic means, ordinances, Educational post -construction requirements, design standards checklists, and other materials Materials and appropriate for developers. Doc. 13 Training for Note: New materials may be developed by the permittee, or the permittee may use Yes & 1 Developers materials adopted from other programs and adapted to the permittee's new development and redevelopment program. Gaston County Erosion and Sediment Control Ordinance. Gaston County Stormwater Control ordinance (Document 13). II.F_2.i Enforcement The permittee tracked the issuance of notices of violation and enforcement actions. Yes Doc.1 If yes, the tracking mechanism included the ability to identify chronic violators for initiation of actions to reduce noncompliance. Yes Doc.l II.F3.b The permittee fully complies with post construction program requirements on its New Development own publicly funded construction projects. Yes Doc. 1 Permit through Gaston County. Audit Date(s): 8-20-2021 Page 8 of 28 Post -Construction Site Runoff Controls II.F3.c Does the M54 have areas draining to Nutrient Sensitive Waters (NSW) pursuant to Nutrient Sensitive 15A NCAC 02H .0150? NO Waters If yes, does the permittee use SCMs that reduce nutrient loading in order to meet local program requirements. No If yes, does the permittee also still incorporate the stormwater controls required for the project's density level. NO If yes, does the permittee also require documentation where it is not feasible to use SCMs that reduce nutrient loading. No http://www.ncagr.gov/SWC/watershed/NSW—strategies.html II.F3.d The permittee ensured that the design volumes of SCMs take into account the Design Volume runoff at build out from all surfaces draining to the system. Yes Doc. 6 Where "streets" convey stormwater, the permittee designed SCMs to be sized to treat and control stormwater runoff from all surfaces draining to the SCM including Yes Doc. 6 streets, driveways, and other impervious surfaces. Comments City of Belmont Stormwater Management Plan (Document 6). Audit Date(s): 8-20-2021 Page 9 of 28 Total Maximum Daily Loads (TMDLs) Staff Interviewed: Hayden Davis (Name, Title, Role) Stormwater Coordinator Program Status: ❑ The permittee is not subject to an approved TMDL (skip the rest of this section). ® The permittee is subject to an approved TMDL for: name of parameter(s) and date(s) approved: Lake Wylie 2/5/1996 There ❑ is ® is not a Waste Load Allocation (WLA) in the approved TMDL (If there is a WLA, then complete items H.H.1-5 below. If there is not a WLA, skip to item H.H.6 below) Permit Citation Program Requirement Status supporting Doc No. II.14.3 TMDLs Within 12 months of final TMDL approval, the permittee's annual reports included a description of existing programs, controls, partnerships, projects and strategies to rvot Applicable address impaired waters. Within 12 months of final TMDL approval, the permittee's annual reports provided a brief explanation as to how the programs, controls, partnerships, projects and ry ot Applicable strategies address impaired waters. II.14.4 TMDLs Within 24 months of final TMDL approval, the permittee's annual reports included an assessment of whether additional structural and/or non-structural BMPs are Not necessary to address impaired waters. Applicable Within 24 months of final TMDL approval, the permittee's annual reports included a brief explanation as to how the programs, controls, partnerships, projects and Not Applicable strategies address impaired waters. II.H.S TMDLs Within 36 months of final TMDL approval, the permittee's annual reports included a description of activities expected to occur and when activities are expected to NO Applicable occur. Audit Date(s): 8-20-2021 Page 10 of 28 Total Maximum Daily Loads (TMDLs) Comments II.1-1.6 TMDLs If there is no Waste Load Allocation in the approved TMDL, the permittee evaluated strategies and tailored and/or expanded BMPs within the scope of the six minimum measures to enhance water quality recovery strategies in the Yes Dot. 14 watershed(s) to which the TMDL applies. The permittee described strategies and tailored and/or expanded BMPs in their Stormwater Management Plan and annual reports Yes Doc. 14 Please see document 14 for the TMDL section of the Stormwater Management Plan. Audit Date(s): 8-20-2021 Page 11 of 28 Site Visit Evaluation: Construction Site No. 1 Site/Project Name: The Chronicle Mill Date and Time of Site Visit: 8/12/2021 at 1:45 PM Site/Project Address: 96 East Catawba St Belmont NC 28012 Operator: Alex Holson Project Type (Commercial, Industrial, Residential, CIP, Roadway, etc.): Commercial/Residential NCG Permit ID Number: NCGO1-2021-4466 Disturbed Acreage: 2.55 Acres Recent Enforcement Actions (Include Date): 7/6/2021; Out of Compliance inspection Name of MS4 Inspector(s) evaluated: Joseph Lineberger Name(s) and Title(s) of Site Representative(s) Present During the Site Visit: Name Title James M. Reilly Superintendent Observations Site Documentation/Training Does the site have a Stormwater Pollution Prevention Plan (SWPPP) or similar document? Is it site -specific? Yes; yes Does the site have approved erosion and sedimentation control plans onsite? Are they representative of current site conditions? Yes; yes What type of stormwater training do site employees receive? How often? N/A; N/A Inspector Training/Knowledge What type of stormwater training does the M54 inspector receive? How often? Stormwater inspection and maintenance professional; every 3 years Did the MS4 inspector appear knowledgeable about MS4 and NCG010000 requirements for construction sites? Yes Did the MS4 inspector appear knowledgeable about erosion and sedimentation control/stormwater pollution prevention BMPs? Yes Audit Date(s): 8-20-2021 Page 12 of 28 Site Visit Evaluation: Construction Site No. 1 Inspection Procedures Does the MS4 inspector's process include the use of a checklist? Yes Does the MS4 inspector's process include taking photos? Yes Does the MS4 inspector's process include reviewing approved plans (erosion and sedimentation control and/or SW PPP)? Yes Does the MS4 inspector's process include walking the entire site and inspecting all points of discharge? Yes Did the M54 inspector miss any obvious violations? If so, explain: No Does the MS4 inspector's process include presenting the inspection findings to the site contact in writing? Yes Does the MS4 inspector's process include providing construction stormwater educational materials to the site contact? Yes Compliance/Enforcement What, if any, enforcement actions (verbal warnings, NOV, etc.) did the inspection result in? Verbal and written warnings; failure to maintain measures If compliance issues were identified, what timeline for correction/follow-up was provided? 9/10/2021 Notes/Comments/Recommendations Corrective actions: Silt fence needs maintenance between soil stock pile and stream. Stabilize soil Stock pile with seed and straw. Inlet protection needs maintenance on open drop inlets or curb inlets where curb has not been installed. Use metal post and hardware cloth faced with #57 washed stone. Install new silt fence at top of slope and tie into existing silt fence Audit Date(s): 8-20-2021 Page 13 of 28 Site Visit Evaluation: Construction Site No. 2 Site/Project Name: Amberley Subdivision Phase II Date and Time of Site Visit: 8/6/2021 at 10:15 AM Site/Project Address: Nixon Road Belmont, NC 28012 Operator: Meritage Homes of the Carolinas Project Type (Commercial, Industrial, Residential, CIP, Roadway, etc.): Residential NCG Permit ID Number: NCG01-2021-1196 Disturbed Acreage: 33 Acres Recent Enforcement Actions (Include Date): 6/2/2021; Out of compliance written warning Name of M54 Inspector(s) evaluated: Joseph Lineberger Name(s) and Title(s) of Site Representative(s) Present During the Site Visit: Name Title Brian Collins Land Development Manager Observations Site Documentation/Training Does the site have a Stormwater Pollution Prevention Plan (SWPPP) or similar document? Is it site -specific? Yes; yes Does the site have approved erosion and sedimentation control plans onsite? Are they representative of current site conditions? Yes; yes What type of stormwater training do site employees receive? How often? Charlotte -Mecklenburg certified site erosion inspectors; Every year Inspector Training/Knowledge What type of stormwater training does the M54 inspector receive? How often? Stormwater inspection and maintenance professional; every 3 years Did the M54 inspector appear knowledgeable about MS4 and NCGO10000 requirements for construction sites? Yes Did the M54 inspector appear knowledgeable about erosion and sedimentation control/stormwater pollution prevention BMPs? Yes Audit Date(s): 8-20-2021 Page 14 of 28 Site Visit Evaluation: Construction Site No. 2 inspection Procedures Does the MS4 inspector's process include the use of a checklist? Obtain copy. Yes Does the MS4 inspector's process include taking photos? Yes Does the MS4 inspector's process include reviewing approved plans (erosion and sedimentation control and/or SWPPP)? Yes Does the MS4 inspector's process include walking the entire site and inspecting all points of discharge? Yes Did the MS4 inspector miss any obvious violations? If so, explain: No Does the MS4 inspector's process include presenting the inspection findings to the site contact in writing? Yes Does the MS4 inspector's process include providing construction stormwater educational materials to the site contact? Yes Compliance/Enforcement What, if any, enforcement actions (verbal warnings, NOV, etc.) did the inspection result in? NOV If compliance issues were identified, what timeline for correction/follow-up was provided? 8/23/2021 Notes/Comm ents/Recom mend ations Corrective actions: 1) Sediment basin #4: Seed and mat slopes leading down to the basin, and repair erosion rills. Repair leak on Riser box. 2) Sediment basin #3: Mat slopes leading down to basin. Extend emergency spillway to toe of dam. Spillway appears to be higher than dam, check elevations. Add 3 rows of coir fiber baffles as shown on the plan. 3) Stabilization: Majority of this site is bare. Stabilize bare areas with seed and straw that remain idle or unworked, especially slopes. 4) Install missing curb deflector on silt sacks. 5) Silt fence is in need of maintenance along Rachel Anne Drive. Repair silt fence, install J hooks, and add rock outlets at curb inlets. 6) Rachel Anne Drive Stream Crossing: Sedimentation beyond limits of disturbance has occurred at this location, impacting jurisdictional waterway both up and down stream of the crossing. Contact Alan Johnson with North Carolina Division of Water Resources to report impact and for remediation guidance. Audit Date(s): 8-20-2021 Page 15 of 28 Site Visit Evaluation: Post -Construction Stormwater Control Measure No. 1 Site Name: BB&T Date and Time of Site Visit: 8/12/2021 at 3:45 PM Site Address: 601 Hawley Avenue Belmont, NC 28012 SCM Type: Wet pond Most Recent MS4 Inspection (Include Date and Entity): 2/25/2021; G2 Design Name of M541nspector(s) evaluated: Hayden Davis Most Recent MS4 Enforcement Activity (Include Date): N/A Name(s) and Title(s) of Site Representative(s) Present During the Site Visit: Name Title Patrick Bighem Facilities Manager Observations Site Documentation Does the site have an operation and maintenance plan? Yes Does the site have records of annual inspections? Are they performed by a qualified individual? Yes; Yes Inspector Training/Knowledge What type of stormwater training does the MS4 inspector receive? How often? Stormwater SCM inspection and maintenance professional; every 3 years Did the M54 inspector appear knowledgeable about MS4 requirements for post -construction site runoff controls? Yes Did the M54 inspector appear knowledgeable about post -construction BMPs (general purpose/function, components, 0&M requirements, etc.)? Yes Inspection Procedures Does the M54 inspector's process include the use of a checklist or other standardized form? What format? Yes; Inspection report check list Does the MS4 inspector's process include taking photos? Yes Does the MS4 inspector's process include reviewing the site's operation and maintenance plan and records of annual inspections? Yes Audit Date(s): 8-20-2021 Page 16 of 28 Site Visit Evaluation: Post -Construction Stormwater Control Measure No. 1 Does the MS4 inspector's process include walking the entire site and inspecting all points of discharge? Yes Did the MS4 inspector miss any obvious operation and maintenance deficiencies? If so, explain: No Does the MS4 inspector's process include presenting the inspection findings to the site contact in writing? Yes Compliance/Enforcement What, if any, enforcement actions (verbal warnings, NOV, etc.) did the inspection result in? Verbal warning If compliance issues were identified, what timeline for correction/follow-up was provided? 9/31/2021 Notes/Comments/Recommendations Wet pond needs to be cleaned up and rid of cattails growing through out the wet pond. Audit Date(s): 8-20-2021 Page 17 of 28 Site Visit Evaluation: Post -Construction Stormwater Control Measure No. 2 Site Name: Date and Time of Site Visit: Palisades of Belmont 8/12/2021 at 2:45 PM Site Address: SCM Type: 1011 Palisades Circle Wet pond and sand filter Belmont NC 28012 Most Recent MS4 Inspection (Include Date and Entity): 3/25/2021 Name of MS4 Inspector(s) evaluated: Most Recent MS4 Enforcement Activity (Include Date): Joseph Alm Monitor sand filter; 4/25/2021 Name(s) and Title(s) of Site Representative(s) Present During the Site Visit: Name Title G. Thomas Jones WGLA engineering inspector Observations Site Documentation Does the site have an operation and maintenance plan? Yes Does the site have records of annual inspections? Are they performed by a qualified individual? Yes; yes Inspector Training/Knowledge What type of stormwater training does the MS4 inspector receive? How often? Stormwater SCM inspection and maintenance professional; every 3 years Did the MS4 inspector appear knowledgeable about MS4 requirements for post -construction site runoff controls? Yes Did the MS4 inspector appear knowledgeable about post -construction BMPs (general purpose/function, components, O&M requirements, etc.)? Yes Inspection Procedures Does the MS4 inspector's process include the use of a checklist or other standardized form? What format? Yes; tablet Does the MS4 inspector's process include taking photos? Yes Does the MS4 inspector's process include reviewing the site's operation and maintenance plan and records of annual inspections? Yes Audit Date(s): 8-20-2021 Page 18 of 28 Site Visit Evaluation: Post -Construction Stormwater Control Measure No. 2 Does the M54 inspector's process include walking the entire site and inspecting all points of discharge? Yes Did the MS4 inspector miss any obvious operation and maintenance deficiencies? If so, explain: No Does the MS4 inspector's process include presenting the inspection findings to the site contact in writing? Yes Compliance/Enforcement What, if any, enforcement actions (verbal warnings, NOV, etc.) did the inspection result in? Verbal warning If compliance issues were identified, what timeline for correction/follow-up was provided? 9/30/2021 Notes/Comments/Recommendations Removal of cattails and all other invasive vegetation species. Removal of sand filter sedimentation build up to increase infiltration and proper drainage flow. Audit Date(s): 8-20-2021 Page 19 of 28 APPENDIX A: SUPPORTING DOCUMENTS Document references: 1. Gaston County Soil, Erosion, and Sedimentation Control 2. Gaston County Soil, Erosion, and Sedimentation Control Fees 3. Document example of an approved erosion and sedimentation control plan 4. Inspection report example 5. Belmont Watershed Protection Ordinance 6. Belmont Stormwater Management Program 7. Belmont approval letter of permit application 8. Permit No. NCS000409 9. Belmont Stormwater Control Measures Inventory 10. Stormwater Control Measure Operation and Maintenance 11. Belmont Technical Review Committee (TRC) document 12. Gaston County and Municipality interlocal agreement 13. Gaston County Stormwater Management Ordinance Audit Date(s): 8-20-2021 Page 20 of 28 APPENDIX 6: PHOTOGRAPH LOG Audit Dates): 8-20-2021 Page 21 of 28 A Palisades wet pond Audit Date(s): 8-20-2021 Page 22 of 28 I i *manta, at liili!)j[, p 1 ° l Palisades wet pond Audit Date(s): 8-20-2021 Page 24 of 28 { Palisades sand filter Palisades sand filter Audit Date(s): 8-20-2021 Page 25 of 28 Palisades sand filter Audit Date(s): 8-20-2021 Page 26 of 28 BB&T wet pond Audit Date(s): 8-20-2021 Page 27 of 28 \ Air � xv %YV��Z t\ kZ t •N 1 � �F II�t I Ryt' ,I \ NC lye;\ r�`^�I %/ ._ -�� .>�1 .P+`•%. 4Fi'^" `� _" � .. ism >'�`..5'G�i ARTICLE III. - SOIL EROSION AND SEDIMENTATION CONTROL Footnotes: —(3)— Editor's note— Res. No. 2007-251, §§ 1-24, adopted June 28, 2007 did not specifically amend the Code and at the discretion of the editor said provisions have been codified as superseding the provisions of former Art. l/l, §§ 4-51-4-74, which pertained to soil erosion and sedimentation control and derived from Res. No. 2003-082, §§ 1-24, adopted Mar. 13, 2003 and ordinances adopted May 8, 1986; May 11, 1989 (Res. 89-117); Sept. 10, 1992; Res. No. 2002-343, §§ 1-24, adopted Nov. 14, 2002. Cross reference— Flood damage prevention, § 4-11 et seq.; Environment, Ch. 5.1. Sec. 4-51. -Title. This article may be cited as the Gaston County Soil Erosion and Sedimentation Control Ordinance. (Res. No. 2007-251, § 1, 6-28-2007; Res. No. 2010-270, § 1, 9-23-2010) Sec. 4-52. - Purpose. This article is adopted for the purposes of: o�? CP (1) Regulating certain land -disturbing activity to control accelerated erosion and sedimentation in order to prevent the pollution of water and other damage to lakes, watercourses, and other public and private property by sedimentation; and (2) Establishing procedures thr-•` (Res. No. 2007-251, § 2, 6-28-2007; Res. Nc Sec. 4-53. -jurisdiction. The Gaston County Board of Commissic Gaston County, except for that property wi However, this article may later be adopted the governing bodies of the respective regi or local laws, ordinances, or rules, the mon (Res. No. 2007-251, § 3, 6-28-2007; Res. No. Sec. 4-54. - Definitions. 1�OCum�1� J- ipplies to all portions of lities of Gaston County. resolution duly adopted by exist between federal, state, As used in this article, unless the context clearly indicates otherwise, the following definitions apply: Accelerated erosion means any increase over the rate of natural erosion as a result of land -disturbing activity. Act means the North Carolina Sedimentation Pollution Control Act of 1973 and all rules and orders adopted pursuant to it. Adequate erosion control measure, structure, or device means one which controls the soil material within the land area under responsible control of the person conducting the land -disturbing activity. 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. Being conducted means a land -disturbing activity has been initiated and permanent stabilization of the site has not been completed. Borrow means fill material, which is required for on -site construction and is obtained from other locations. Bufferzone means the strip of land adjacent to a lake or natural watercourse. Final 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 Gaston County Code Enforcement Department. Commission means the North Carolina Sedimentation Control Commission. 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. Department means the North Carolina Department of Environment and Natural Resources. Director means the Director of the Division of Land Resources of the North Carolina Department of Environment and Natural Resources. Discharge point means that point at which run-off leaves a tract of land. District means the Gaston Soil and Water Conservation District created pursuant to G.S. Ch. 139. 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. Erosion means the wearing away of land surface by the action of wind, water, gravity, or any combination thereof. Gaston County Environmental Review Board means the Gaston County Environmental Review Board. Ground cover means any natural vegetative growth or other material that renders the soil surface stable against accelerated erosion. High quality waters means those classified as such in 15A NCAC 2B.01 01 (e)(5) - General Procedures, which is incorporated herein by reference to include further amendments. High quality water(HQW) zones means areas in the coastal counties that are within five hundred seventy-five (575) feet of high quality waters and for the remainder of the state areas that are within one (1) mile and drain to HQW's. Lake or natural 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. Land -disturbing activity means any use of the land by any person in residential, industrial, educational, institutional, or commercial development, highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. 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. May means contingent upon the discretion of the Gaston Natural Resources Department Director. 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. Parent means an affiliate that directly, or indirectly through one (1) or more intermediaries, controls another person. Person 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. Person conducting land -disturbing activity means any person who may be held responsible for a violation unless expressly provided otherwise by this article, the Act, or any other order adopted pursuant to this article or the Act. Person responsible for the violation means as used in this article, and G.S. 113A-64, means: ;o11; (1)\The developer or other person who has or holds himself out as having financial or operational control over the land -disturbing activity; or ;oll; (2)\The landowner or person in possession or control of the land when he has directly or indirectly allowed the land -disturbing activity or has benefited from it or he has failed to comply with any provision of this article, the Act, or any order adopted pursuant to this article or the Act as imposes a duty upon him. Phase ofgrading means one (1) or two (2) types of grading, rough or fine. Plan means an erosion and sedimentation control plan. Recurring violation means a violation that has not been corrected within the time specified by the Gaston Natural Resources Department, or, a reoccurrence of a violation from which a previous notice has been issued, not withstanding natural occurrences exceeding design requirements. 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. 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 lake or natural watercourse. Shall means a requirement. Storm drainage facilities means the system of inlets, conduits, channels, ditches, and appurtenances which serve to collect and convey storm water through and from a given drainage area. Storm water run-off means the surface flow of water resulting from precipitation in any form and occurring immediately after rainfall or melting. Subsidiarymeans an affiliate that is directly, or indirectly, through one or more intermediaries, controlled by another person. Ten-year storm means the surface run-off resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in ten (10) years, and of a duration which will produce the maximum peak rate of run- off, from the watershed of interest under average antecedent wetness conditions. Tract means all contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership. Twenty-five year storm means the surface run-off resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in twenty-five (25) years, and of a duration which will produce the maximum peak rate of run-off, from the watershed of interest under average antecedent wetness conditions. Uncovered means the removal of ground cover from, on, or above the soil surface. 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. Velocity means the average speed of flow through the cross-section of the main channel at the peak flow of the storm of interest. The cross-section of the main channel shall be that area defined by the geometry of the channel plus the area of the 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. Waste means surplus materials resulting from on -site land -disturbing activities and being disposed of at other locations. Working days means days, exclusive of Saturday and Sunday during which weather conditions or soil conditions permit land -disturbing activity to be undertaken. (Res. No. 2007-251, § 4, 6-28-2007; Res. No. 2010-270, § 4, 9-23-2010) Sec. 4-55. - Scope and exclusions. This article shall not apply to the following land -disturbing activities: (1) 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: a. Forages and sod crops, grains and feed crops, tobacco, cotton, and peanuts. b. Dairy animals and dairy products. c. Poultry and poultry products. d. Livestock, including beef cattle, llamas, sheep, swine, horses, ponies, mules, and goats. e. Bees and apiary products. f. Fur producing animals. (2) Activities undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with Best Management Practices set out in "Forest Practice Guidelines Related to Water Quality," as adopted by the Department. If land -disturbing activity undertaken on forestland for the production and harvesting of timber and timber products is not conducted in accordance with "Forest Practice Guidelines Related to Water Quality," the provisions of this article shall apply to such activity and any related land -disturbing activity on the tract; and (3) Activities for which a permit is required under the Mining Act of 1971, G.S. Ch. 74, Art. 7. (4) Land -disturbing activity over which the State has exclusive regulatory jurisdiction as provided in G.S. 113A-56(a). The Commission shall have jurisdiction, to the exclusion of local governments, to adopt rules concerning land -disturbing activities that are: a. Conducted by the state; b. Conducted by the United States; c. Conducted by persons having the power of eminent domain; d. Conducted by local governments; or e. Funded in whole or in part by the State or the United States. (5) For the duration of an emergency, activities essential to protect human life. (Res. No. 2007-251, § 5, 6-28-2007; Res. No. 2010-270, § 5, 9-23-2010) Sec. 4-56. - General requirements and objectives. (a) Plan required. No person shall initiate any land -disturbing activity which uncovers one (1) acre or more, or projects less than one (1) acre that are part of a larger common plan of development or sale, without having an erosion and sedimentation control plan approved by the Gaston County Natural Resources Department, and in borrow and waste areas covered by section 4-61 with a disturbed area one (1) acre or greater. In determining the area lands under one or diverse ownership being developed as a unit will be aggregated. (b) Compliance. Person who submits a Plan to the Gaston County Natural Resources Department shall comply with the provisions of section 4-68 of this article. (c) Protection of property. Persons conducting land -disturbing activity shall take all reasonable measures to protect all public and private property from sedimentation siltation caused by such activity. (d) More restrictive rules shall apply. Whenever conflicts exist between federal, state, or local laws, ordinances, or rules, the more restrictive provision shall apply. (Res. No. 2007-251, § 6, 6-28-2007; Res. No. 2010-270, § 6, 9-23-2010) Sec. 4-57. - Basic control objectives. A plan may be disapproved pursuant to section 4-68 of this article if the plan fails to address the following control objectives: (1) Identify critical areas. On -site areas, which are subject to severe erosion, and off -site areas, which are especially vulnerable to severe erosion and/or sedimentation are to be identified. (2) Limit time of exposure. All land -disturbing activity is to be planned and conducted to limit exposure to the shortest feasible time. (3) 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 time. (4) Control surface water. Surface water run-off originating upgrade of exposed areas shall be controlled to reduce erosion and sediment loss during the period of exposure. (5) Control sedimentation. All land -disturbing activity is to be planned and conducted so as to prevent off - site sedimentation damage to the extent required by the Act. (6) Manage storm waterrun-off. When the increase in the velocity of storm water run-off resulting from a land -disturbing activity is sufficient to cause accelerate erosion of the receiving watercourse, plans are to include measures to control the velocity at the point of discharge so as to minimize accelerated erosion of the site and to decrease sedimentation to any lake or natural watercourse. t (Res. No. 2007-251, § 7, 6-28-2007; Res. No. 2010-270, § 7, 9-23-2010) Sec. 4-58. - Mandatory standards for land -disturbing activity. No land -disturbing activity subject to the control of this article shall be undertaken except in accordance with the following mandatory standards: (1) Bufferzone. a. No land -disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is provided along the margin of the watercourse of sufficient width to confine visible siltation within the twenty-five (25) percent of the buffer zone nearest the land -disturbing activity. The minimum width of the buffer zone shall not be less than ten (10) feet. Visible siltation must not discharge through the buffer zone. This subdivision shall not apply to a land -disturbing activity in connection with the construction of facilities to be located on, over, or under a lake or natural watercourse. b. Unless otherwise provided, the width of a Buffer Zone begins and is measured at least ten (10) feet from the edge of the top of the bank of the watercourse to the nearest edge of the disturbed area with the twenty-five (25) percent of the strip nearer the land -disturbing activity containing natural and or artificial means of confining visible siltation. Natural or artificial means of confining visible siltation must be placed, constructed or installed outside the undisturbed buffer zone. (2) Graded slopes and fills. The angle for graded slopes and fills shall be no greater than the angle that can be retained by vegetative cover or other adequate erosion -control devices or structures. In any event, slopes left exposed will, within twenty-one (21) calendar days of completion of any phase of grading, be planted or otherwise provided with temporary or permanent ground cover, devices, or structures sufficient to restrain erosion. (3) Fill material. Unless a permit from the department's division of waste management to operate a landfill is on file for the official site, acceptable fill material shall be free of organic or other degradable materials, masonry, concrete and brick in sizes exceeding twelve (12) inches, and any materials which would cause the site to be regulated as a landfill by the State of North Carolina. (4) Ground cover. Whenever land -disturbing activity that will disturb one (1) or more acres is undertaken on a tract the person conducting the land -disturbing activity shall install such sedimentation and erosion control devices and practices as are sufficient to retain the sediment generated by the land -disturbing activity within the boundaries of the tract during construction upon and development of said tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development. Except as provided in section 4-69(b)(5) of this article, provisions for a ground cover sufficient to restrain erosion must be accomplished within fifteen (15) working days or ninety (90) calendar days (whichever period is shorter), following completion of construction or development. (5) Prior plan approval. No person shall initiate any land -disturbing activity that will disturb one (1) or more acres on a tract unless, thirty (30) or more days prior to initiating the activity, a Plan for the activity is filed with the Gaston County Natural Resources Department. Should the plan be filed, approved and a certificate of approved plan issued in less than thirty (30) days from the filing of the plan, the land - disturbing activity may commence. (6) Plan compliance. The land -disturbing activity shall be conducted in accordance with the approved erosion ai sedimentation control plan. (7) Self-inspectionsThe person(s) conducting land -disturbing activity shall perform an inspection of the area covered by the plan after each phase of the plan has been completed and after establishment of temporary ground cover. Such inspection reports shall be maintained and made available on -site. Any deviation from the plan shall be documented. Records shall be maintained until permanent groundcover has been established. (8) The person(s) (developer or other person who has or holds himself out as having financial or operational control over the land -disturbing activity) conducting land -disturbing activity or an agent of that party shall contact the Gaston County Natural Resources Department at least forty-eight (48) hours before commencement of the land -disturbing activity. (9) The Gaston County Natural Resources Department may require an onsite meeting with the person(s) conducting land -disturbing activity, or an agent of that party, to review and discuss the approved plan before commencement of the land -disturbing activity. (Res. No. 2007-251, § 8, 6-28-2007; Res. No. 2010-270, § 8, 9-23-2010) Sec. 4-59. - Design and performance standards. (a) Except as provided in subsection 4-59(b)(2), of this article, erosion and sedimentation control measures, structures, and devices shall be so planned, designed, and constructed as to provide protection from the calculated maximum peak rate of run-off from the ten-year storm. Run-off rates can be calculated using the rational method, the Natural Resources Conservation Service (NRCS) peak discharge method, or other acceptable methods. (b) In high quality water zones (HQW) the following design standards shall apply: (1) Uncovered areas in HQW zones shall be limited at any time to a maximum total area within the boundaries of the tract of twenty (20) acres. Only this section shall govern the portion of the land - disturbing activity within a HQW zone. Larger areas may be uncovered with the written approval of the Director. (2) Erosion and sedimentation control measures, structures, and devices within HQW zones shall be so planned, designed and constructed to provide protection from the run-off of the twenty-five (25) year storm which produces the maximum peak rate of run-off as calculated according to procedures in the USDA, Natural Resource Conservation Service's "National Engineering Field Manual for Conservation Practices," or according to procedures adopted by any other agency of this state or the United States or any generally recognized organization or association. (3) Sediment basins within HQW zones shall be designed and constructed such that the basin will have a settling efficiency of at least seventy (70) percent for the forty (40) micron (0.04 mm) size soil particle transported into the basin by the run-off of that two-year storm which produces the maximum peak rate of run-off as calculated according to the procedures in the USDA, Natural Resources Conservation Service's "National Engineering Field Manual for Conservation Practices" or according to procedures adopted by any other agency of this state or the United States or any generally recognized organization or association. (4) Newly constructed open channels in HQW zones shall be designed and constructed with side slopes no steeper than two (2) horizontal to one (1) vertical if a vegetative cover is used for stabilization unless soil conditions permit a steeper slope or where the slopes are stabilized by using mechanical devices or other acceptable ditch liners. In any event, the angle for side slopes shall be sufficient to restrain accelerated erosion. (5) Ground cover sufficient to restrain erosion must be provided for any portion of a land -disturbing activity in a HQW zone within fifteen (15) working days or sixty (60) calendar days following completion of any phase of construction or development, whichever period is shorter. (Res. No. 2007-251, § 9, 6-28-2007; Res. No. 2010-270, § 9, 9-23-2010) Sec. 4-60. - Storm water outlet protection. (a) Persons shall prepare a plan that designs the post construction velocity of the ten (10) year storm run-off in the receiving watercourse to the discharge point that does not exceed the greater of: (1) The velocity established by the table in subsection (d) of this section; or, (2) The velocity of the ten (10) year storm run-off in the receiving watercourse prior to development. If conditions one (1) or two (2) of this paragraph cannot be met, then the receiving watercourse to and including the discharge point shall be designed and constructed to withstand the expected velocity anywhere the velocity exceeds the "prior to development" velocity by ten (10) percent. (b) Acceptable management measures. Measures applied alone or in combination to satisfy the intent of this section are acceptable if there are no objectionable secondary consequences. The commission recognizes that the management of storm water run-off to minimize or control downstream channel and bank accelerated erosion is a developing technology. Innovative techniques and ideas will be considered and may be used when shown to have the potential to produce successful results. Some alternatives are to: (1) Avoid increases in surface run-off volume and velocity by including measures to promote infiltration to compensate for increased run-off from areas rendered impervious, (2) Avoid increases in storm water discharge velocities by using vegetated or roughened swales and waterways in lieu of closed drains and high velocity paved sections, (3) Provide energy dissipaters at outlets of storm drainage facilities to reduce flow velocities to the point of discharge. These may range from simple rip -rapped sections to complex structures, (4) Protect watercourses subject to accelerated erosion by improving cross sections and/or providing erosion -resistant lining. (5) Upgrade or replace the receiving device, structure or watercourse such that it will receive and conduct the flow to a point where it is no longer subject to degradation from the increased rate of flow or increased velocity. (c) Exceptions. This rule shall not apply where it can be demonstrated that storm water discharge velocities will not create an erosion problem in the receiving watercourse. (d) The following is a table for maximum permissible velocity for storm water discharges: Units are in feet per second (FPS) and meters per second (MPS). Maximum Permissible Velocities Material I F. P.S. 1 i M. P.S �s Fine sand (non -colloidal) 12.5 I 0.8 Sandy loam (non -colloidal) i 2.5 0.8 Silt loam (non -colloidal) 3.0 0,9 Ordinary firm loam i 3.5 11.1 j Fine gravel 5.0 1.5 Stiff clay (very colloidal) 1 1 5.0 { , 1.5 , Graded, loam to cobbles (non -colloidal) j 5.0 1.5 Graded, silt to cobbles (colloidal) { 5.5 1.7 P% UVIai 'WILJ kr IUI i-Lunuivai) Alluvial silts (colloidal) I Coarse Gravel (non -colloidal) j Cobbles and shingles i Shales and hard pans 1 5.0 6.0 5.5 6.0 Source —Adapted from recommendations by Special Committee on Irrigation Research, American Society of Civil Engineers, 1926, for channels with straight alignment. For sinuous channels, multiply allowable velocity by 0.95 for slightly sinuous, by 0.9 for moderately sinuous channels, and by 0.8 for highly sinuous channels. (Res. No. 2007-251, § 10, 6-28-2007; Res. No. 2010-270, § 10, 9-23-2010) Sec. 4-61. - Borrow and waste areas. When the person conducting the land -disturbing activity is also the person conducting the borrow or waste disposal activity, areas from which borrow is obtained and which are not regulated by the provisions of the Mining Act of 1971, and waste areas for surplus materials other than landfills regulated by the department's division of waste management, shall be considered as part of the land -disturbing activity where the borrow material is being used or from which the waste material originated. When the person conducting the land -disturbing activity is not the person conducting the borrow and/or disposing of the waste, these areas shall be considered a separate land -disturbing activity. (Res. No. 2007-251, § 11, 6-28-2007; Res. No. 2010-270, § 11, 9-23-2010) Sec. 4-62. -Access and haul roads. Temporary access and haul roads, other than public or private roads, constructed or used in connection with any land -disturbing activity shall be considered a part of such activity. (Res. No. 2007-251, § 12, 6-28-2007; Res. No. 2010-270, § 12, 9-23-2010) Sec. 4-63. - Operations in lakes or natural watercourses. Land -disturbing activity in connection with construction in, on, over, or under a lake or natural watercourse shall minimize the extent and duration of disruption of the stream channel. Where relocation of a stream forms an essential part of the proposed activity, the relocation shall minimize unnecessary changes in the stream flow characteristics. (Res. No. 2007-251, § 13, 6-28-2007; Res. No. 2010-270, § 13, 9-23-2010) Sec. 4-64. - Responsibility for maintenance. During the development of the 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 article, the Act, or any order adopted pursuant to this article or the Act. After site development, the landowner or person in possession or control of the land shall install and/or maintain all necessary permanent erosion and sedimentation control measures, except those measures installed within a road or street right-of-way or easement accepted for maintenance by a governmental agency. (Res. No. 2007-251, § 14, 6-28-2007; Res. No. 2010-270, § 14, 9-23-2010) Sec. 4-65. -Additional measures. Whenever the Gaston County Natural Resources Department determines that significant sedimentation is occurring as a result of land -disturbing activity, despite application and maintenance of protective practices, the person conducting the land -disturbing activity will be required to and shall take additional protective action. (Res. No. 2007-251, § 15, 6-28-2007; Res. No. 2010-270, § 15, 9-23-2010) Sec. 4-66. - Existing uncovered areas. (a) All uncovered areas existing on the effective date of this article which resulted from land -disturbing activity, exceed one (1) acre, are subject to continued accelerated erosion, and are causing off -site damage from sedimentation, shall be provided with a ground cover or other protective measures, structures, or devices sufficient to restrain accelerated erosion and control off -site sedimentation. (b) Gaston County Natural Resources Department reserves the right to require preparation and approval of an erosion and sedimentation control plan in any instance where extensive control measures are required. (Res. No. 2007-251, § 16, 6-28-2007; Res. No. 2010-270, § 16, 9-23-2010) Sec. 4-67. - Certificate of approved plan. No person shall undertake any land -disturbing activity subject to this article without first obtaining a Certificate of Approved Plan from Gaston County, through its natural resources department, except that no certificate of approved plan shall be required for any land -disturbing activity: (1) For the duration of an emergency, activities essential to protect human life; or (2) This exclusion from Certificate of Approved Plan should allow land -disturbing activities for construction of a single-family residence on a single lot, but may not exceed one (1) acre. Despite not being required to obtain a certificate of approved plan, parties engaged in land -disturbing activities of less than one -acre are subject to all portions of this article. If the erosion and sediment control measures for the development site are designed for all lot disturbances and being maintained, individual lots within the development site may be excluded. (3) If a party has been determined to have been in recurring violation of this article within the past two (2) years on the same property or if a land -disturbing activity requiring a plan is begun without a certificate of approved plan, the certificate of approved plan fee may be doubled for that party. (4) No certificate of approved plan will be issued to any party having an outstanding recurring violation on the same property subject to this article. (5) This decision may be appealed to the environmental review board. (Res. No. 2007-251, § 17, 6-28-2007; Res. No. 2010-270, § 17, 9-23-2010) Sec. 4-68. - Erosion and sedimentation control plans. (a) A pre -submittal conference with natural resources staff can be requested by the person(s) conducting land - disturbing activity or an agent of that party to take place at least ten (10) days prior to submittal of the plan for land -disturbing activities. (b) At the pre -submittal conference, Natural Resources staff shall inform the applicant of the processes involved with plan review and approval, issuance of a plan certificate and letter of approval, and the relationship of said plan and letter of approval with zoning, building code, and other land -use regulations in effect in Gaston County. At the time of application submission, natural Resources staff also shall notify the applicant of the appeal process as provided in the ordinance. (c) Persons conducting land -disturbing activity on a tract which covers one (1) or more acres shall file two (2) copies of the erosion and sedimentation control plan with the county natural resources department at least thirty (30) days prior to beginning such activity and shall keep another copy of the plan on file at the job site. After approving the plan, if the county natural resources department either upon review of such plan or on inspection of the job site, determines that a significant risk of accelerated erosion or off -site sedimentation exists, the county natural resources department will require a revised plan. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the appropriate authority. (d) Erosion and sedimentation control plans may be disapproved unless accompanied by an authorized statement of financial responsibility and ownership. The person financially responsible for the land - disturbing activity or his attorney shall sign this statement 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 notice of compliance or non-compliance with the plan, the Act, this article, or rules or orders adopted or issued pursuant to this article. 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 consent for the applicant to submit a draft erosion and sedimentation control plan and conduct the anticipated land -disturbing activity. (e) The Gaston Soil and Water Conservation District shall review the plan and submit any comments and recommendations to Natural Resources staff within twenty (20) days after the Gaston Soil and Water District received the erosion and sedimentation control plan, or within any shorter period of time as may be agreed upon by Gaston Soil and Water Conservation District and the Natural Resources staff. Failure of the Gaston Soil and Water Conservation District to submit its comments and recommendations within twenty (20) days or within any agreed upon shorter period of time shall not delay final action on the plan. (f) The natural resources staff will review each complete plan submitted to them and within thirty (30) days of receipt thereof will notify the person submitting the plan that it has been approved, approved with modifications, approved with performance reservations, or disapproved. Failure to approve, approve with modifications, or disapprove a complete erosion and sedimentation control plan within thirty (30) days of receipt shall be deemed approval. Disapproval of a plan must specifically state in writing the reasons for disapproval. The natural resources department must approve with modifications, or disapprove a revised plan within fifteen (15) days of receipt, or it is deemed to be approved. The natural resources department shall only approve a plan upon determining that it complies with all applicable state and local regulations for erosion and sedimentation control. If, following commencement of a land -disturbing activity pursuant to an approved plan, the natural resources staff determines that the plan is inadequate to meet the requirements of this article, the natural resources staff may require any revision of the plan that is necessary to comply with this article. Failure to approve, approve with modifications, or disapprove a revised erosion and sedimentation control plan within fifteen (15) days of receipt shall be deemed approval. The approved erosion and sedimentation control plan shall expire one (1) year following the date of approval, if no land - disturbing activity has been undertaken. (g) Any plan submitted for a land -disturbing activity for which an environmental document is required by the North Carolina Environment Policy Act (G.S. 113A-1, et seq.) shall be deemed incomplete until a complete environmental document is available for review. The Gaston Natural Resources Department shall promptly notify the person submitting the plan that the thirty (30) day time limit for review of the plan pursuant to section 4-68(f) of this article shall not begin until a complete environmental document is available to review. The person submitting a plan to the natural resources department, prior to submission of the plan, is solely and exclusively responsible for determining whether the proposed land -disturbing activities require any form of state or federal environmental certification or documentation. The natural resources department shall condition approval of an erosion and sedimentation control plan upon the applicant's compliance with federal and state water quality laws, regulations and rules; and shall disapprove an erosion and sedimentation control plan if implementation of the plan would result in a violation of rules adopted by the environmental management commission to protect riparian buffers along surface waters. (h) Any plan required by this section 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 article. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for plan preparation may be obtained from the Natural Resources Department on request. (i) The Gaston County Natural Resources Department may disapprove an erosion and sedimentation control plan upon a finding that an applicant, or a parent, subsidiary, or other affiliate of the applicant: (1) Is conducting land -disturbing activity without an approved plan, or has received notice of violation of a plan previously approved by the commission or a local government pursuant to the Act and has not complied with the notice within the time specified in 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 and is not currently being appealed. (3) Has been convicted of a misdemeanor pursuant to G.S. 113A-G4(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. For purposes of this subsection (i) an applicant's record may be considered for only the two (2) years prior to the application date. (5) Is in violation of Federal, State, or local laws, rules, regulations or ordinances pertaining to a different phase of the same tract and/or development (j) Applications for amendment of an erosion and sedimentation control plan in written and/or graphic form may be made at any time under the same conditions as the original application. Until such time as said amendment is approved by the Gaston County Natural Resources Department, the land -disturbing activity shall not proceed except in accordance with the erosion and sedimentation control plan as originally approved. (k) Any person engaged in land -disturbing activity who fails to file a plan in accordance with this article, or who conducts a land -disturbing activity except in accordance with provisions of an approved plan, shall be deemed in violation of this article. (1) Any person engaged in land -disturbing activity who is required by this article to file an erosion and sedimentation control plan shall pay a plan review fee to the county in an amount to be determined by the Gaston County Board of Commissioners. (Res. No. 2007-251, § 18, 6-28-2007; Res. No. 2010-270, § 18, 9-23-2010) Sec. 4-69. - Environmental review board. (a) Creation. There is hereby created in Gaston County, the environmental review board which is charged with the duties as provided for in this article. The environmental review board shall consist of the following members: (1) One person appointed by a participating municipality as outlined in the environmental review board's policies and procedures, (2) One (1) member of the Gaston County Home Builders Association, and two other developers nominated by the Gaston County Home Builders Association for a total of three (3) individuals; (3) Chairman of the Gaston County Soil and Water Conservation District or his/her designee; (4) Chairman of the Gaston County Quality of Natural Resources Commission or his/her designee; (5) A member of the Gaston County Chamber of Commerce or his/her designee; (6) One township representative appointed by the Gaston County Board of Commissioners; and (7) A professional engineer registered under the provisions of G.S. Ch. 89C, appointed by the Gaston County Board of Commissioners. (b) Appointments. The environmental review board members appointed by the Gaston County Board of Commissioners shall serve terms of office of three (3) years and until their successors are appointed and duly qualified. (c) Fees. The environmental review board shall make fee recommendations to the Gaston County Board of Commissioners. (d) Other duties and responsibilities. The environmental review board shall hear and decide appeals from any decision or determination made by the Gaston Natural Resources Department in the enforcement of this article and other duties as directed by the Gaston County Board of Commissioners. (Res. No. 2007-251, § 19, 6-28-2007; Res. No. 2010-270, § 19, 9-23-2010) Sec. 4-70. -Appeals. (a) Except as provided in section 4-68(b) of this article the appeal of a disapproval or approval with modifications of a plan shall be governed by the following provisions: (1) The disapproval or modification of any proposed erosion and sedimentation control plan by the county natural resources department shall entitle the person submitting the plan to a public hearing if such person submits written demand for a hearing within fifteen (15) days after receipt of written notice of disapproval or modifications. (2) Hearings held pursuant to this section shall be conducted by the Gaston County Environmental Review Board, within thirty (30) days after the date of the appeal or request for a hearing. (3) The environmental review board will render its final decision on any erosion and sedimentation control plan following completion of the hearings. (4) If the environmental review board upholds the disapproval or modification of a proposed soil erosion and sedimentation control plan following the hearing, the person submitting the plan shall then be entitled to appeal the local government's decision to the North Carolina Sedimentation Control Commission as provided in G.S. 113A-61(c) and Title 15A NCAC 413.0018(d). (b) In the event that an erosion and sedimentation control plan is disapproved pursuant to section 4-68(i) of this article, the Gaston County Natural Resources Department shall notify the director of land resources of such disapproval within ten (10) days. The department shall also advise the applicant and the director in writing as to the specific reasons the plan was disapproved. The applicant may appeal the department's disapproval of the plan pursuant to section 4-68(i) of this article directly to the North Carolina Sediment Control Commission. (Res. No. 2007-251, § 20, 6-28-2007; Res. No. 2010-270, § 20, 9-23-2010) Sec. 4-71. - Inspections and investigations. (a) Agents, officials, or other qualified persons authorized by Gaston County will periodically inspect land - disturbing activities to ensure compliance with the Act, this article, or rules or orders adopted or issued pursuant to this article, and to determine 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 certificate of approval of each erosion and sedimentation control plan. A list of authorized agents and officials shall be provided or listed at the natural resources department. (b) No person shall willfully resist, delay, or obstruct an authorized representative, employee, or agent of the county while that person is inspecting or attempting to inspect a land -disturbing activity under this section. (c) If, it is determined that a person engaged in land -disturbing activity has failed to comply with the Act, this article, or rules, or orders adopted or issued pursuant to this article, a notice of violation shall immediately be served upon that person. The notice may be served by any means under G.S. 1A-1, Rule 4. The notice shall specify a date by which the person must comply with the Act, this article, or rules, or orders adopted pursuant to this article, and inform the person of the actions that need to be taken to comply with the Act, this article, or rules or orders adopted pursuant to this article. Any person who fails to comply in the time specified is subject to additional civil and criminal penalties for a continuing violation as provided in this article. (d) The Gaston County Natural Resources Department shall have the power to conduct such investigation as it may reasonably deem necessary to carry out its duties as prescribed in this article, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any land -disturbing activity. (e) The Gaston County Natural Resources Department shall also have the power to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land -disturbing activity. (Res. No. 2007-251, § 21, 6-28-2007; Res. No. 2010-270, § 21, 9-23-2010) Sec. 4-72. - Penalties. (a) Civil Penalties. (1) Any person who violates any of the provisions of the Act, this article, or rules or orders adopted or issued pursuant to this article, or who initiates or continues a land -disturbing activity for which an Erosion and Sedimentation Control Plan is required, except in accordance with the terms, conditions, and provisions of an approved plan, is subject to a civil penalty. The maximum civil penalty for a violation is five thousand dollars ($5,000.00). The maximum civil penalty for a violation of a stop -work order is five thousand dollars ($5,000.00). A civil penalty may be assessed from the date of the violation. Each day of continuing violation shall constitute a separate violation. When the person has not been assessed any civil penalty under this subsection for any previous violation, and that person abated continuing environmental damage resulting from the violation within one hundred eighty (180) days from the date of the notice of violation, the maximum cumulative total civil penalty assessed under this subsection for all violations associated with the land -disturbing activity for which the erosion and sedimentation control plan is required is twenty-five thousand dollars ($25,000.00). (2) The Gaston County Natural Resources Department shall determine the amount of the civil penalty to be assessed under this subsection as set forth in the Guidelines for Assessing Civil Penalties for Violations of Gaston County's Soil Erosion and Sedimentation Control Ordinance. The Gaston Natural Resources Department shall notify the person who is assessed the civil penalty of the amount of the penalty and the reason for assessing the penalty. In determining the amount of the penalty the Natural Resources Department shall consider the degree and extent of harm caused by the damage, the cost of rectifying the damage, the amount of money the violator saved by noncompliance, whether the violation was committed willfully, and the prior record of the violator in complying or failing to comply with this article. 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, contest the assessment within thirty (30) days by written demand for a local hearing, or file a request with the Sedimentation Control Commission for remission of the assessment within sixty (60) days of receipt of the notice. A remission request must be accompanied by a waiver of the right to a contested case hearing pursuant to G.S. Ch. 150B, and a stipulation of the facts on which the assessment was based. A local hearing on a civil penalty/contested assessment shall be conducted by the Gaston County Environmental Review Advisory Board within thirty (30) days after the date of the written demand for the hearing. The Environmental Review Advisory Board shall render its final decision on the civil penalty/contested assessment at the conclusion of the hearing. Appeal from the final decision of the Environmental Review Advisory Board shall be to the Superior Court of Gaston County. (3) If payment is not received within sixty (60) days after it is due, the Environmental Review Advisory Board may institute a civil action to recover the amount of the assessment. The civil action may be brought in Gaston County Superior Court of the county where the violation occurred, or the violator's residence or principal place of business is located. Such civil actions 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. (4) Civil penalties collected pursuant to this article shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. Penalties collected by the county may be diminished only by the actual cost of collection. The collection cost percentage to be used shall be established and approved by the North Carolina Office of State Budget and Management on an annual basis, based upon the computation of actual collection costs by each (city)(town)(county) for the prior fiscal year. [The collection cost percentage shall not exceed twenty percent (20) of penalties collected.] (b) Final certificate of occupancy. With regard to the development of any tract that is subject to this article, 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 article with respect to the tract. (2) If there remains due and payable to Gaston County civil penalties that have been levied against the person conducting the land -disturbing activity for violation(s) of this article. If a penalty is under appeal, the environmental review board may require the amount of the fine, and any other amount that the person would be required to pay under this article 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. (6) Any person conducting land -disturbing activities that has been denied a certificate of occupancy under the provisions in this article may make a written appeal of the decision to the environmental review board. (c) Criminal penalties. Any person who knowingly or willfully violates any provision of this article, or rule or order adopted or issued pursuant to this article, or who willfully initiates or continues a land -disturbing activity for which an erosion and sedimentation control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed five thousand dollars ($5,000.00). (d) Stop work orders. Whenever a building, sign, or structure, or part thereof is being constructed, reconstructed, altered or repaired in violation of this article, the enforcement officer may order the work to be immediately stopped. The stop order shall be in writing and directed to the owner, occupant, or person doing the work. The stop order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed. Such action shall be in accordance with G.S. 160A-421 or 153-361, as applicable, or the NC Building Code. (Res. No. 2007-251, § 22, 6-28-2007; Res. No. 2010-270, § 22, 9-23-2010; Res. No. 2019-079, 3-26-2019) Sec. 4-73. - Injunctive relief. (a) Whenever the environmental review board has reasonable cause to believe that any person is violating or threatening to violate this article or any rule or order adopted or issued pursuant to this article, or any term, condition, or provision of an approved erosion and sedimentation control plan, it may, either before or after the institution of any other action or proceeding authorized by this article, institute a civil action in the name of the county, for injunctive relief to restrain the threatened violation. The action will be brought in the Superior Court of Gaston County. (b) Upon determination by a court that an alleged violation is occurring or is threatened, the court shall enter any order or judgement that is necessary to abate the violation, to ensure that restoration is performed, or to prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to the proceedings from any civil or criminal penalty prescribed for violations of this article. (Res. No. 2007-251, § 23, 6-28-2007; Res. No. 2010-270, § 23, 9-23-2010) Sec. 4-74. - Restoration of areas affected by failure to comply. The environmental review board may require a person who engaged in a land -disturbing activity and failed to retain sediment generated by the activity, as required by G.S. 113-A-57(3), to restore the waters and the 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 or criminal penalty or injunctive relief authorized under this article. (Res. No. 2007-251, § 24, 6-28-2007; Res. No. 2010-270, § 24, 9-23-2010) Secs. 4-75-4-80. - Reserved. Erosion and Sediment Control Soil Erosion & Sedimentation Control Fees Payments Payments should be made by check or money order to the Gaston County Natural Resources Department dooms 1303 Dallas-Cherryville Hwy Dallas NCC228034 Fee: 530( fee for each acre of disturbed land or ar ding off -site borrow and waste area! a revised plan unless the revised plan res to be disturbed Exan 1 1 at Singl( Questions? I2gph Alm, Administrator Gaston Natural Resources Department Telephone 704-922-4181 Fax 704-922-2158 Joseph's Desk Phone 704-922-2157 GASTON COUNTY RECEIVED Gaston Natural Resources Department AUG 2 3 2021 Gaston County Soil Erosion and Sedimentation Control Program www.®stoncovcom /departments /Natural -Resources CONTACT: Gaston Natural Resources Department 1303 Cherryville Hwy Dallas, NC 28034 Telephone: 704-922-4181 Gaston County Belmont Bessemer City Cherryville Cramerlon Dallas Dellview Gastonia High Shoals Kings Mountain Lowell McAdenville Mount Holly Ranlo Spencer Mountain Stanley Mission Statement "To provide leadership and conservation assistance to the people of Gaston County to improve and sustain their soil, water, air, plant and wildlife resources." Soil Erosion & Sedimentation Control La dQuo;uEolu, e megional Office RE: Letter Of Approval With Modifications Date: 12/12/2019 Project Name Amberley subdivision Phase II 1 Permit #: ass 9 Responsible Person Meritage Homes of the Carolinas, Inc. Address 13925 Ballantyne Corporate Place Ste 300 City, State, Zip Charlotte NC 28277 Location Nixon Road Submitted By w K Dickson Date Received: 11/12/2019 1 x❑ New Submittal ❑ Revision Watershed South Fork Catawba Disturbed Acreage: 33.00 Attn: Brett Manery The Erosion and Sedimentation Control Plan submitted for the above project has been reviewed and is approved with modifications as isted on the next page. This approval is conditioned upon the incorporation or addition of these modifications to the Plan. If these modifications are not included in the plan and implemented on the construction site, the site will be in violation of the Gaston County Soil Erosion and Sedimentation Control Ordinance (Section 18 (k) and the Sedimentation Pollution Control Act of 1973. (G.S. 113A-61.1(c))). Please be advised that the Ordinance (Section 18 (c) and Title 15 NCAC 04B.0127(b) requires that a copy of the approved Soil Erosion & Sedimentatioin Control Plan be on file at the job site. This letter is also Notice required by the Ordinance (Section 21) and G.S. 11 3A-61.1 of our right of periodic inspection to insure compliance with the approved plan. As of AF of Stormn Di o nen+ Stormw l.iV\II Il.l disturbil addifior Accepts quality I this Ian( Enclos( primary of pert After cc Control 113A-5 revisior 3 complete and submit an electronic Notice under the NCG010000 Construction to the commencement of any land Id accessed at deg.nc.gov/NCG01. :ompliance with Federal and State water Inty ordinaces or rules may also apply to ny other permit or approval. posted on the and until establishment Soil Erosion & Sedimentation finance (Section 18 (c)(f) and G.S. Plan and implementation of the Please i if the information provided in the Financial Respor ad to file an amended form if there are any changes in the information included on the form. Please notify our office (704-922-4181) at least 48 hours before commencement of the land -disturbing activity (Ordinance Section 8 (e)). Sincerely, GASTON COUNTY NATURAL RESOURCES DEPARTMENT William J. Wier: Conservationist will.wier@gastongov.com Gaston County Erosion & Sedimentation Control Program Pagel Gaston County Soil Erosion and Sedimentation Control Program www.®stonoovcom /departments /Natural -Resources CONTACT: Gaston Natural Resources Department 1303 Cherryville Hwy Dallas, NC 28034 Telephone: 704-922-4181 Gaston County Belmont Bessemer City Cherryville Cramerton Dallas Dellview Gastonia H9gh Shoals Kings Mountain Lowell McAdenville Mount Holly Ranlo Spencer Mountain Stanley Mission Statement "To provide leadership and conservation assistance to the people of Gaston County to improve and sustain their soil, water, air, plant and wildlife resources." Page 2 Soil Erosion & Sedimentation Control Plan Review Reasons for Approval with Modifications C6.1: Show silt fence on the low side of Sediment Basin #3. TDD#3.1 may need adjusting where it crosses natural draws. C6.2: TDD#5.1 takes a sharp turn that may be too sharp to function properly. C6.3: Additional measures may be needed in the clearing for the sewer tie-in due to the steep topography. C6.9: Show silt fence on the low side of Sediment Basin U . Overall modifications: Include the NCGO1 Self Inspection Sheet, the NCGO1 Ground Stabilization and Materials Handling Sheet, and the 401/404 permit information. Ensure proper benches/slope breaks in accordance with Table 6.02a of the NC Erosion and Sediment Control Planning and Design Manual. CC1: CC2: 1303 Cherryville Highway, Dallas, NC 28034 Citizens Resource Center Telephone: 704-9224181 INSPECTION REPORT Gaston County Soil Erosion and Sedimentation Control Program www.gastengw.com Ideoartments INatural-Resources CONTACT: Gaston Natural Resources Department 1303 Chenyville Hwy Dallas, NC 28034 Telephone: 704-922-4181 Gaston County Belmont Bessemer City Cherryville Cramerton Dallas Dellview Gastonia High Shoals Igngs Mountain Lowell McAdenville Mount Holly Ranlo Spencer Mountain Stanley Mission Statement "To provide leadership and conservation assistance to the people of Gaston County to Improve and sustain their soil, water, air, plant and wildlife resources." project: Tower Crest Subdivision Location: S. Main St. & Oak St. Person Financially Responsible: Ralph Falls In compliance X Out of compliance Inspection date: 08/05/2021 Compliance date: 09/02/21 Violations: 1. Failure to provide adequate groundcover, G.S. 1 13A-57(3) and 15A N.C.A.C. 4B.0107(b) or 15A N.C.A.C. 4B.0124(e) ... 2. Failure to maintain measures, 15A N.C.A.C. 4B.0113 Sediment damage: Docu,men+- 1-I Corrective actions: Silt fence needs to be bl St. Install proper inlet prote< cloth faced with #57wc Rock berms on construc flattened the berms. Stabilize bare area dowr seed and matting. Stabil REcis- r AlUr Moor,,"�Ql"ey �'!L 9iuny�a� e 1e along S. Main l post, hardware i traffic has retaining wall with ad. Comments: The plan calls for ADS Landscape Drop Inlets to be installed at each house. Specify what phase of construction they will be installed and connected to drainage system. This inspection report is a follow up from the 07-27-21 onsite meeting. Additional row of silt fence, rock berms, and some stabilization has been completed since the meeting. Please have corrective actions completed by the compliance date. Report by: Joe Lineberger: Conservationist Contact made with: CHAPTER 153: WATERSHED PROTECTION /� ORDINANCE Section l RV0 W O AUTHORITYAND GENERAL REGULATIONS 153.01 153.02 153.03 153.04 153.05 153.06 153.07 153.10 153.11 153.12 153.13 153.14 153.25 153.26 153.27 153.28 153.29 153.30 153.31 153.32 153.33 153.34 153.35 153.45 153.46 153.47 153.48 153.49 153.50 153.51 153.52 Authority and Enactment Jurisdiction Exceptions to Applicability Repeal of Existing Watershed Ordinance Criminal Penalties Remedies Severability SUBDIVISION REGULATIONS General Provisions &Q-w )+ 5 Watershed Protection Occupancy Permit Fees RECE1VC:.Q Meores R Ity nd1(Olfice :dures "ovements HIGH DENSITY DEVELOPMENT wed Subdivisions :ershed Area Boundaries High Density Development Standards High Density Development Permit Application Stormwater Control Structures Posting of Financial Security Required Maintenance and Upkeep Application and Inspection Fees Inspections and Release of the Performance Bond Sanctions 1 Adopted March 7, 2016 PUBLIC HEALTH REGULATIONS 153.60 Public Health, in General 153.61 Abatement ADMINISTRATION, ENFORCEMENT AND APPEALS 153.70 Watershed Administrator and Duties Thereof 153.71 Appeal from the Watershed Administrator 153.72 Changes and Amendments to the Watershed Protection Ordinance 153.73 Public Notice and Hearing Required 153.74 Establishment of Watershed Review Board 153.75 General Proceedings of the Watershed Review Board 153.76 Meetings 153.77 Rules of Conduct for Members 153.78 Powers and Duties or the Watershed Review Board 153.79 Appeals from the Watershed Review Board 153.80 Operation and Maintenance Agreement DEFINITIONS 153.90 General Definitions 153.91 Word Interpretation 2 Adopted March 7, 2016 AUTHORITYAND GENERAL REGULATIONS § 153.01 AUTHORITY AND ENACTMENT. The Legislature of the State of North Carolina has, in NCGS160A, Article 8, Section 174, General Ordinance Authority; and in NCGS 143, Article 21, Watershed Protection Rules, delegated the responsibility or directed local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. The City Council of Belmont does hereby ordain and enact into law the following articles as the Watershed Protection Ordinance of the city. § 153.02 JURISDICTION. The provisions of this Ordinance shall apply within the areas designated as a Public Water Supply Watershed by the N.C. Environmental Management Commission and shall be defined and established on the map entitled, "Watershed Protection Map of the City of Belmont, North Carolina" ("the Watershed Map"), which is adopted simultaneously herewith. The Watershed Map and all explanatory matter contained thereon accompanies and is hereby made a part of this Ordinance. This Ordinance shall be permanently kept on file in the office of the City Clerk. § 153.03 EXCEPTIONS TO APPLICABILITY. (A) Nothing contained herein shall repeal, modify, or amend any Federal or State law or regulation, or any ordinance or regulation pertaining thereto except any ordinance which these regulations specifically replace; nor shall any provision of this Ordinance amend, modify, or restrict any provisions of the Code of Ordinances of the city; however, the adoption of this Ordinance shall and does amend any and all ordinances, resolutions, and regulations in effect in the city at the time of the adoption of this Ordinance that may be construed to impair or reduce the effectiveness of this Ordinance or to conflict with any of its provisions. (B) It is not intended that these regulations interfere with any easement, covenants or other agreements between parties. However, if the provisions of these regulations impose greater restrictions or higher standards for the use of a building or land, then the provisions of these regulations shall control. (C) Existing development, as defined in this Ordinance, is not subject to the requirements of this Ordinance. Expansions to structures classified as existing development must meet the requirements of this Ordinance, however, the built -upon area of the existing development is not required to be included in the density calculations. (D) If a nonconforming lot of record is not contiguous to any other lot owned by the same party, then that lot of record shall not be subject to the development restrictions of this Ordinance if it is developed for single-family residential purposes. Any lot or parcel created as part of a family subdivision after the effective date of these rules shall be exempt from these rules if it is developed for one single-family detached residence and if it is exempt from local subdivision regulation. Any lot or parcel created as part of any other type of subdivision that is exempt from a local subdivision ordinance shall be subject to the land use requirements (including impervious surface requirements) of these rules, except that such a lot or parcel must meet the minimum buffer requirements to the maximum 3 Adopted March 7, 2016 extent practicable. (E) In cases where average development density on up to two noncontiguous properties is use for the purposes of achieving compliance with the water supply watershed standards per the provisions of NCGS 143-214.5(d2) as follows: (1) The properties are within the same water supply watershed. If one of the properties is located in the critical area of the watershed, the critical area property shall not be developed beyond the applicable density requirements for its classification. (2) Overall project density meets applicable density or stormwater control requirements under 15A N CAC 2 B .0200. (3) Vegetated buffers on both properties meet the minimum statewide water supply watershed protection requirements. (4) Built upon areas are designed and located to minimize stormwater runoff impact to the receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and maximize the flow length through vegetated areas. (5) Areas of concentrated density development are located in upland areas and, to the maximum extent practicable, away from surface waters and drainageways. (6) The property or portions of the properties that are not being developed will remain in a vegetated or natural state and will be managed by a homeowners' association as common area, conveyed to a local government as a park or greenway, or placed under a permanent conservation or farmland preservation easement unless it can be demonstrated that the local government can ensure long-term compliance through deed restrictions and an electronic permitting mechanism. A metes and bounds description of the areas to remain vegetated and limits on use shall be recorded on the subdivision plat, in homeowners' covenants, and on individual deed and shall be irrevocable. (7) Development permitted under density averaging and meeting applicable low density requirements shall transport stormwater runoff by vegetated conveyances to the maximum extent practicable. (8) A special use permit or other such permit or certificate shall be obtained from the local Watershed Review Board to ensure that both properties considered together meet the standards of the watershed ordinance and that potential owners have record of how the watershed regulations were applied to the properties. §153.04 REPEAL OF EXISTING WATERSHED ORDINANCE. This Ordinance in part carries forward by re-enactment, some of the Watershed Ordinance of the City of Belmont, North Carolina (adopted by the City Council on July 1, 1993 and as amended), and it is not the intention to repeal but rather to re-enact and continue in force such existing provisions so that all rights and liabilities that have accrued thereunder are preserved and may be enforced. All 4 Adopted March 7, 2016 provisions of the Watershed Ordinance which are not re-enacted herein are hereby repealed. All suits at law or in equity and/or all prosecutions resulting from the violation of any ordinance provisions heretofore in effect, which are now pending in any court of this state or of the United States, shall not be abated or abandoned by reason of the adoption of this Ordinance, but shall be prosecuted to their finality the same as if this Ordinance had not been adopted; and any and all violations of the existing Watershed Protection Ordinance, prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted; and nothing in this Ordinance shall be so construed as to abandon, abate or dismiss any litigation or prosecution now pending and/or which may heretofore have been instituted or prosecuted. § 153.05 CRIMINAL PENALTIES. Any person violating any provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with NCGS 14-4. The maximum fine for each offense shall not exceed $500.00. Each day that the violation continues shall constitute a separate offense. § 153.06 REMEDIES. (A) If any subdivision, development and/or land use is found to be in violation of this Ordinance, the City Council may, in addition to all other remedies available either in law or in equity, institute a civil penalty in the amount of $1,000.00, action or proceedings to restrain, correct, or abate the violation; to prevent occupancy of the building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about the premises. In addition, the N.C. Environmental Management Commission may assess civil penalties in accordance with NCGS 143-215.6(a). Each day that the violation continues shall constitute a separate offense. (B) If the Watershed Administrator finds that any of the provisions of this Ordinance are being violated, they shall notify in writing the person responsible for such violation, indicating the nature of the violation, and ordering the action necessary to correct it. They shall order discontinuance of the illegal use of land, buildings or structures; removal of illegal buildings or structures, or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any action authorized by this Ordinance to ensure compliance with or to prevent violation of its provisions. If a ruling of the Watershed Administrator is questioned, the aggrieved party or parties may appeal such ruling to the Watershed Review Board. § 153.07 SEVERABILITY. Should any section or provision of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, the declaration shall not affect the validity of this Ordinance as a whole or any part thereof that is not specifically declared to be invalid or unconstitutional. SUBDIVISION REGULATIONS § 153.10 GENERAL PROVISIONS. (A) No subdivision plat of land within the Public Water Supply Watershed shall be filed or recorded 5 Adopted March 7, 2016 by the Gaston County Register of Deeds until it has been approved in accordance with the provisions of this subchapter. Likewise, the Clerk of Superior Court shall not order or direct the recording of a plat if the recording of such plat would be in conflict with this subchapter. (B) The approval of a plat does not constitute or effect the acceptance by the city or the public of the dedication of any street or other ground, easement, right-of-way, public utility line, or other public facility shown on the plat and shall not be construed to do so. (C) All subdivisions shall conform to the mapping requirements contained in NCGS 47-30. (D) All subdivisions of land within the jurisdiction of the city after the effective date of this Ordinance shall require a plat to be prepared, approved, and recorded pursuant to this Ordinance. § 153.11 SUBDIVISION APPLICATION AND REVIEW PROCEDURES. (A) All proposed subdivisions shall be reviewed prior to recording with the Register of Deeds by submitting a vicinity map to the Watershed Administrator to determine whether or not the property is located within the designated Public Water Supply Watershed. Subdivisions that are not within the designated watershed area shall not be subject to the provisions of this Ordinance and may be recorded provided the Watershed Administrator initials the vicinity map. In addition, subdivisions within a WS-IV watershed are subject to the provisions of this Ordinance only when an erosion and sedimentation plan is required under the provisions of State law, or approved local program. Subdivisions within the designated watershed area shall comply with the provisions of this Subchapter and all other state and local requirements that may apply. (B) Subdivision applications shall be filed with the Watershed Administrator. The application shall include a completed application form, 2 copies of the plat and supporting documentation deemed necessary by the Watershed Administrator or the Watershed Review Board. (C) The Watershed Administrator shall review the completed application and shall either approve, approve conditionally or disapprove each application. The Watershed Administrator shall take final action within 45 days of submission of the application. The Watershed Administrator or the Board may provide public agencies an opportunity to review and make recommendations. However, failure of the agencies to submit their comments and recommendations shall not delay action within the prescribed time limit. Said public agencies may include, but are not limited to, the following: (1) The district highway engineer with regard to proposed streets and highways. (2) The director of the Health Department with regard to proposed private water system or sewer systems normally approved by the Health Department. (3) The state Division of Water Infrastructure with regard to proposed sewer systems normally approved by the Division, engineered storm water controls or storm water management in general. (4) Any other agency or official designated by the Watershed Administrator or Watershed Review Board. 6 Adopted March 7, 2016 (D) If the Watershed Administrator approves the application, such approval shall be indicated on both copies of the plat by the following certificate and signed by the Watershed Administrator: Certificate of Approval for Recording 1 certify that the plat shown hereon complies with the Watershed Protection Ordinance and is approved by the Watershed Review Board for recording in the Register of Deeds office. Date Watershed Administrator NOTICE. This property is located within a Public Water Supply Watershed - development restrictions may apply. (E) If the Watershed Administrator disapproves or approves conditionally the application, the reasons for such action shall be stated in writing for the applicant and entered in the minutes. The subdivider may make changes and submit a revised plan which shall constitute a separate request for the purpose of review and application fees. (F) All subdivision plats shall comply with the requirements for recording of the Gaston County Register of Deeds. (G) The plat shall be recorded within 30 days of approval. The subdivider shall provide the Watershed Administrator with evidence the plat has been recorded with the Register of Deeds within 5 working days. Penalty, see §153.05 and Remedies, see §153.06. § 153.12 SUBDIVISION STANDARDS AND REQUIRED IMPROVEMENTS. (A) Adequate Building Space. All lots shall provide adequate building space in accordance with the development standards contained in §153.25 through §153.34. Lots which are smaller than the minimum required for residential lots may be developed using built -upon area criteria in accordance with § 153.25 th roug h § 153.34. (B) Built —Upon Area. For the purpose of calculating built -upon area, total project area shall include total acreage in the tract on which the project is to be developed. (C) Storm Water Drainage Facilities. The application shall be accompanied by a description of the proposed method of providing storm water drainage. The subdivider shall provide a drainage system that diverts stormwater runoff away from surface waters and incorporates best management practices to minimize water quality impacts. (D) Erosion and Sedimentation Control. The application shall, where required, be accompanied by a written statement that a Sedimentation and Erosion Control Plan has been submitted to and approved by the Gaston Natural Resources Department. 7 Adopted March 7, 2016 (E) Roads. Roads constructed in critical areas and watershed buffer areas. Where possible, roads should be located outside of critical areas and watershed buffer areas. Roads constructed within these areas shall be designed and constructed to minimize their impact on water quality. § 153.13 CONSTRUCTION PROCEDURES. (A) No construction or installation of improvements shall commence in a proposed subdivision until a subdivision plat has been approved. (B) No building or other permits shall be issued for erection of a structure on any lot not of record at the time of adoption of this Ordinance until all requirements of this Ordinance have been met. The subdivider, prior to commencing any work within the subdivision, shall make arrangements with the Watershed Administrator to provide for adequate inspection. § 153.14 PENALTIES FOR TRANSFERRING LOTS IN UNAPPROVED SUBDIVISIONS. (A) Any person who, being the owner or agent of the owner of any land located within the jurisdiction of the city, thereafter subdivides their land in violation of this Ordinance or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under this Ordinance and recorded in the office of the Register of Deeds, shall be guilty of a misdemeanor. (B) The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. (C) The city may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with this Ordinance. DEVELOPMENT REGULATIONS § 153.25 ESTABLISHMENT OF WATERSHED AREAS. (A) The purpose of this Subchapter is to list and describe the watershed areas herein adopted. (B) For purposes of this Ordinance, the city and its one mile extraterritorial jurisdiction are hereby divided into the following areas, as appropriate: (1) WS-IV-CA (Critical Area) (2) WS-IV-PA (Protected Area) § 153.26 WATERSHED AREAS DESCRIBED. (A) WS-IV Watershed Areas - Critical Area (WS-IV-CA). Only new development activities that $ Adopted March 7, 2016 require an erosion/sedimentation control plan under State law or approved local program are required to meet the provisions of this Ordinance when located in a WS-IV watershed. In order to address a moderate to high land use intensity pattern, single family residential uses are allowed at a maximum of 2 dwelling units per acre. All other residential and non-residential development shall be allowed at a maximum of 24% built -upon area. New residuals application sites and landfills are specifically prohibited. (1) Allowed Uses: (a) Agriculture subject to the provisions of the Food Security Act of 1985 and the Food, Agriculture, Conservation and Trade Act of 1990 and the rules and regulations of the Soil and Water Conservation Commission. (b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 11.0101-.0209). (c) Residential. (d) Non-residential development, excluding landfills and sites for land application of residuals or petroleum contaminated soils. (2) Density and Built -upon Limits: (a) Single Family Residential --development shall not exceed two dwelling units per acre on a project by project basis. No residential lot shall be less than 1/2 acre (or 20,000 square feet excluding roadway right-of-way), except within an approved cluster development. (b) All Other Residential and Non -Residential --development shall not exceed 24% built - upon area on a project by project basis. For the purpose of calculating the built -upon area, total project area shall include total acreage in the tract on which the project is to be developed. (c) High density options using engineered stormwater control devices are permitted in this district in accordance with §153.45 through §153.52 (B) WS-IV Watershed Areas - Protected Area (WS-IV-PA). Only new development activities that require an erosion/sedimentation control plan under State law or approved local government program are required to meet the provisions of this Ordinance when located in a WS-IV watershed. In order to accommodate moderate to high land use intensity, single family residential uses shall develop at a maximum of 2 dwelling units per acre (2 du/ac). All other residential and non-residential development shall be allowed at a maximum of 24% built -upon area. A maximum of 3 dwelling units per acre (3 du/ac) or 36% percent built -upon area is allowed for projects without a curb and gutter street system. (1) Uses Allowed: (a) Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990. 9 Adopted March 7, 2016 (b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 11.0101-.0209). (c) Residential development. (d) Non-residential development. (2) Density and Built -upon Limits: (a) Single Family Residential --development shall not exceed 2 dwelling units per acre, as defined on a project by project basis. No residential lot shall be less than 1 /2 acre (or 20,000 square feet excluding roadway right-of-way), or 1/3 acre for projects without a curb and gutter street system, except within an approved cluster development. (b) All Other Residential and Non -Residential --development shall not exceed 24% built - upon area on a project by project basis. For projects without a curb and gutter street system, development shall not exceed 36% built -upon area on a project by project basis. For the purpose of calculating built -upon area, total project area shall include acreage in the tract on which the project is to be developed. (c) High density options using engineered stormwater control devices are permitted in this district in accordance with §153.45 through §153.52 § 153.27 CLUSTER DEVELOPMENT. Cluster development, if allowed under current city zoning and subdivision ordinances, is allowed in all Watershed Areas under the following conditions: (A) Minimum lot sizes are not applicable to single family cluster development projects; however, the total number of lots shall not exceed the number of lots allowed for single family detached developments in §153.26. Density or built -upon area for the project shall not exceed that allowed for the critical area, balance of watershed or protected area, whichever applies. (B) All built -upon area shall be designed and located to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and maximize the flow length through vegetated areas. (C) Areas of concentrated density development shall be located in upland area and away, to the maximum extent practicable, from surface waters and drainage ways. (D) The remainder of the tract shall remain in a vegetated or natural state. The title to the open space area shall be conveyed to an incorporated homeowners association for management; to a local government for preservation as a park or open space; or to a conservation organization for preservation in a permanent easement. Where a property association is not incorporated, a maintenance agreement shall be filed with the property deeds. 10 Adopted March 7, 2016 (E) Cluster developments that meet the applicable low density requirements shall transport stormwater runoff by vegetated conveyances to the maximum extent practicable. § 153.28 BUFFER AREAS REQUIRED. (A) A minimum 100 foot vegetative buffer is required for all new development activities that exceed the low density option; otherwise, a minimum 50 foot buffer is required along the Catawba River mainstem per 15A NCAC 02B.0243 riparian buffer rule, and a minimum 30 foot vegetative buffer for development activities is required along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies. Desirable artificial streambank or shoreline stabilization is permitted. (B) No new development is allowed in the buffer except for water dependent structures, other structures such as flag poles, signs and security lights which result in only diminutive increases in impervious area and public projects such as road crossings and greenways where no practical alternative exists. These activities should minimize built -upon surface area, direct runoff away from the surface waters and maximize the utilization of stormwater Best Management Practices. § 153.29 RULES GOVERNING THE INTERPRETATION OF WATERSHED AREA BOUNDARIES. Where uncertainty exists as to the boundaries of the watershed areas, as shown on the Watershed Map, the following rules shall apply: (A) Where area boundaries are indicated as approximately following either street, alley, railroad or highway lines or centerlines thereof, such lines shall be construed to be said boundaries. (B) Where area boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries. However, a surveyed plat prepared by a registered land surveyor may be submitted to the city as evidence that one or more properties along these boundaries do not lie within the watershed area. (C) Where the watershed area boundaries lie at a scaled distance more than 25 feet from any parallel lot line, the location of watershed area boundaries shall be determined by use of the scale appearing on the watershed map. (D) Where the watershed area boundaries lie at a scaled distance of 25 feet or less from any parallel lot line, the location of watershed area boundaries shall be construed to be the lot line. (E) Where other uncertainty exists, the Watershed Administrator shall interpret the Watershed Map as to location of such boundaries. This decision may be appealed to the Watershed Review Board. § 153.30 APPLICATION OF REGULATIONS. (A) No building or land shall hereafter be used and no development shall take place except in conformity with the regulations herein specified for the watershed area in which it is located. 11 Adopted March 7, 2016 (B) No area required for the purpose of complying with the provisions of this Ordinance shall be included in the area required for another building. (C) If a use or class of use is not specifically indicated as being allowed in a watershed area, such use or class of use is prohibited. § 153.31 EXISTING DEVELOPMENT. Existing development as defined in this Ordinance, may be continued and maintained subject to the provisions provided herein. Expansions to structures classified as existing development must meet the requirements of this Ordinance, however, the built -upon area of the existing development is not required to be included in the built -upon area calculations. (A) Uses of Land. This category consists of uses existing at the time of adoption of this Ordinance where such use of the land is not permitted to be established hereafter in the watershed area in which it is located. Such uses may be continued except as follows: (1) When such use of land has been changed to an allowed use, it shall not thereafter revert to any prohibited use. (2) Such use of land shall be changed only to an allowed use. (3) When such use ceases for a period of at least one year, it shall not be reestablished. (B) Reconstruction of Buildings or Built -upon Areas. Any existing building or built -upon area not in conformance with the restrictions of this Ordinance that has been damaged or removed may be repaired and/or reconstructed, except that there are no restrictions on single family residential development, provided: (1) Repair or reconstruction is initiated within 12 months and completed within 2 years of such damage. (2) The total amount of space devoted to built -upon area may not be increased unless stormwater control that equals or exceeds the previous development is provided. § 153.32 WATERSHED PROTECTION PERMIT. (A) Except where a single family residence is constructed on a lot deeded prior to the effective date of this Ordinance, no building or built -upon area shall be erected, moved, enlarged or structurally altered, nor shall any building permit be issued nor shall any change in the use of any building or land be made until a Watershed Protection Permit has been issued by the Watershed Administrator. No Watershed Protection Permit shall be issued except in conformity with the provisions of this Ordinance. (B) Watershed Protection Permit applications shall be filed with the Watershed Administrator. The application shall include a completed application form and supporting documentation deemed necessary by the Watershed Administrator, and application fees as determined by City Council. 12 Adopted March 7, 2016 (C) Prior to issuance of a Watershed Protection Permit, the Watershed Administrator may consult with qualified personnel for assistance to determine if the application meets the requirements of this Ordinance. (D) A Watershed Protection Permit shall expire if a Building Permit or Watershed Occupancy Permit for such use is not obtained by the applicant within 12 months from the date of issuance. § 153.33 BUILDING PERMIT REQUIRED. No permit required under the North Carolina State Building Code shall be issued for any activity for which a Watershed Protection Permit is required until that permit has been issued. § 153.34 WATERSHED PROTECTION OCCUPANCY PERMIT. (A) The Watershed Administrator shall issue a Watershed Protection Occupancy Permit certifying that all requirements of this Ordinance have been met prior to the occupancy or use of a building hereafter erected, altered or moved and/or prior to the change of use of any building or land. (B) A Watershed Protection Occupancy Permit, either for the whole or part of a building, shall be applied for coincident with the application for a Watershed Protection Permit and shall be issued or denied within 10 days after the erection or structural alterations of the building. (C) When only a change in use of land or existing building occurs, the Watershed Administrator shall issue a Watershed Protection Occupancy Permit certifying that all requirements of this Ordinance have been met coincident with the Watershed Protection Permit. (D) If the Watershed Protection Occupancy Permit is denied, the Watershed Administrator shall notify the applicant in writing stating the reasons for denial. (E) No building or structure which has been erected, moved, or structurally altered may be occupied until the Watershed Administrator has approved and issued a Watershed Protection Occupancy Permit. § 153.35 FEES. City Council shall adopt from time to time, a schedule of fees for the permitting, enforcement and other requirements, as specified in this chapter. HIGH DENSITY DEVELOPMENT § 153.45 HIGH DENSITY DEVELOPMENT STANDARDS. (A) The Watershed Review Board may approve high density development proposals consistent with the following standards: 13 Adopted March 7, 2016 (1) WS-IV Watershed Areas- Critical Area (WS-IV-CA). Where new development exceeds either 2 dwelling units per acre or 24% built -upon area, engineered stormwater controls shall be used to control runoff from the first inch of rainfall and development shall not exceed 50% built - upon area. (2) WS-IV Watershed Areas- Protected Area (WS-IV-PA). Where new development requires a Sedimentation/Erosion Control Plan and exceeds either 2 dwelling units per acre or 24% built - upon area or 3 dwelling units per area or 36% built -upon area for projects without curb and gutter street systems, engineered stormwater controls shall be used to control runoff from the first inch of rainfall and development shall not exceed 70% built -upon area. (B) High density development shall meet the requirements of this Ordinance. § 153.46 HIGH DENSITY DEVELOPMENT PERMIT APPLICATION. (A) A High Density Development Permit shall be required for new development exceeding the requirements of the low density option. (B) Application for a High Density Development shall be addressed and submitted to the Watershed Review Board through the Watershed Administrator at least 30 days prior to a Watershed Review Board meeting. Application for High Density Development Permit shall be made on the proper form and shall include the following information: (1) A completed High Density Development Permit Application signed by the owner of the property. The signature of the consulting engineer or other agent will be accepted on the application only if accompanied by a letter of authorization; (2) Two reproducible copies of the development plan within the drainage basin including the applicable information listed in the Application Forms, Subdivision Plat Checklist and detailed information concerning built -upon area; (3) Two reproducible copies of the plans and specifications of the stormwater control structure consistent with §153.47; (4) When required by law, written verification that a soil erosion and sedimentation control plan has been approved by the appropriate state or local agency; (5) Permit Application Fees consistent with §153.50. (C) Prior to taking final action on any application, the Board or the Watershed Administrator may provide an opportunity to public agencies affected by the development proposal to review and make recommendations on the application. However, failure of the agencies to submit their comments and recommendations shall not delay the Board's action within prescribed time limit. (D) The Watershed Review Board shall either approve or disapprove each application for a High Density Development Permit based on the applicable criteria contained in this Ordinance. First consideration of a completed application shall be at the next regularly scheduled meeting of the Board 14 Adopted March 7, 2016 following its receipt. The Board shall take action on the application as its first consideration or within 65 days of its first consideration. (1) If the Board approves the application based on its findings, such approval shall be indicated on the permit and both copies of the site plan and both copies of the plans and specifications of the stormwater control structure. A High Density Development Permit shall be issued after the applicant posts a performance bond acceptable security as required in §153.48 (B)(1) and executes an Operation and Maintenance Agreement as required in §153.48 (C). A copy of the permit and one copy of each set of plans shall be kept on file at the Watershed Administrator's office. The original permit and one copy of each set of plans shall be delivered to the applicant either by personal service or registered mail, return receipt requested. (2) If the Board disapproves the application based on its findings, the reasons for such action shall be stated in the minutes of the Board and presented to the applicant in writing wither by personal service or registered mail, return receipt requested. The applicant may make changes and submit a revised plan. All revisions shall be submitted, reviewed, and acted upon by the Board pursuant to the procedures of this section, and shall be considered a new submittal subject to the requirements and application fees as set forth under this Ordinance. (E) The Watershed Review Board shall issue a High Density Development Permit within sixty-five (65) days of its first consideration upon finding that the proposal is consistent with the applicable standards set forth in the Watershed Ordinance and the following conditions are met: (1) The use will not endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (2) The use minimizes impacts to water quality through the use of best management practices, cluster development, and/or maximum setbacks from perennial waters; (3) The use is consistent with the officially land use plan for the city. If the Watershed Review Board finds that any one of the above conditions is not met, the Board shall deny the application. (F) In addition to any other requirements provided by this Ordinance, the Board may designate additional permit conditions and requirements to assure that the use will be harmonious with the area in which it is proposed to be located and with the spirit of this Ordinance. All additional conditions shall be entered in the minutes of the meeting at which the permit is granted, on all plans and on the permit certificate. All conditions so imposed shall run with the land and shall be binding upon the applicant and the applicant's heir, successors, or assigns during the continuation of the permitted use. (G) The Board shall issue a written ruling and make copies available at the office of the Watershed Administrator and the City Clerk. (H) If the Board approves the application based on its findings, such approval shall be indicated on the permit and both copies of the site plan and both copies of the plans and specifications of the stormwater control structure(s). A High Density Development Permit shall be issued after the applicant 15 Adopted March 7, 2016 posts a performance bond or other acceptable security as required in §153.48 (13)(1) and executes an Operation and Maintenance Agreement as required in §153.48 (C). A copy of the permit and one copy of each set of plans shall be kept on file at the Watershed Administrator's office. The original permit and one copy of each set of plans shall be delivered to the applicant either by personal service or registered mail, return receipt requested. § 153.47 STORMWATER CONTROL MEASURES. (A) All stormwater control measures shall be designed by a North Carolina registered professional with qualifications appropriate for the type of system required. These registered professionals are defined as professional engineers, landscape architects, to the extent that the NCGS 89A allow and land surveyors, to the extent that the design represents incidental drainage within a subdivision, as provided in NCGS 89 (C)-3(7). (B) All stormwater runoff from new built -upon surfaces within the project at build -out shall be treated in a primary stormwater control measure (SCM). Primary SCMs shall include: wet ponds, stormwater wetlands, infiltration systems, sand filters, bioretention cells, permeable pavement, green roofs, and rainwater harvesting. Projects shall use an SCM or SCMs designed, constructed, and maintained so that the project achieves either runoff treatment or runoff volume match, and: (1) For projects that use an SCM or SCMs designed to achieve runoff treatment, the required storm depth shall be one inch. (2) For projects that use an SCM or SCMs designed to achieve runoff volume match, the post - development runoff volume shall not exceed the pre -development runoff volume for the 90th percentile storm. (C) The required stormwater treatment volume to be controlled shall be calculated using either the Simple Method or the difference between pre- and post -development runoff volume computed using the discrete NRCS Curve Number Method. (1) SCMs shall meet the relevant "Minimum Design Criteria" set forth in the North Carolina Department of Environmental Quality Stormwater BMP Manual which is hereby incorporated by reference and is available at: hffpJ/portal.ncdenr.org/web/Ir/bmp-manual. (2) Stormwater outlets shall be designed so that they do not cause erosion immediately downslope of the discharge point during the peak flow from the 10-year storm event as shown by engineering calculations. (D) All land areas outside of the Stormwater control measure shall be provided with a ground cover sufficient to restrain erosion within 30 days after any land disturbance. Upon completion of the stormwater control structure, a permanent ground cover shall be established and maintained as part of the maintenance agreement described in §153.49 (C). (E) A description of the area containing the stormwater control measure shall be prepared and filed in consistent with §153.51 (A) and (B), as a separate deed with the Gaston County Register of Deeds along with any easements necessary for general access to the stormwater control measure. The 16 Adopted March 7, 2016 deeded are shall include the stormwater control measure, vegetative filters, all pipes and water control structures, berms, dikes, etc., and sufficient area to perform inspections, maintenance, repairs, and reconstruction. (F) Qualifying areas of the stormwater control measure may be considered pervious when computing total built -upon area. However, if the structure is used to compute the percentage built - upon area for one site, it shall not be used to compute built -upon are for any other site or area. § 153.48 POSTING OF FINANCIAL SECURITY REQUIRED. (A) All new stormwater control structures shall be conditioned on the posting of adequate financial assurance for the purpose of maintenance, repairs, or reconstruction necessary for adequate performance of the stormwater control structures. (B) Financial assurance shall be in the form of the following: (1) Security Performance Bond or other security. The permit applicant shall obtain either a performance bond from a surety bonding company authorized to do business in North Carolina, an irrevocable letter of credit or other instrument readily convertible into cash at face value payable to the city or placed in escrow with a financial institution designated as an official depository of the city. The bond or other instrument shall be in an amount equal to 1.25 times the total cost of the stormwater control structure, as estimated by the applicant and approved by the Watershed Review Board. The total cost of the stormwater control structure shall include the value of all materials such as piping and other structures; seeding and soil stabilization; design and engineering; and grading, excavation, fill, etc. The cost shall not be prorated as part of a larger project, but rather under the assumption of an independent mobilization. (2) Cash or Equivalent Security Deposited After the Release of the Performance Bond. Consistent with §153.51 (C)(1), the permit applicant shall deposit with the city either cash or other instrument approved by the Watershed Review Board that is readily convertible into cash at face value. The cash or security shall be in an amount equal to fifteen percent (15%) of the total cost of the stormwater control structure or the estimated cost of maintaining the stormwater control structure over a 10 year period, whichever is greater. The estimated cost of maintaining the stormwater control structure shall be consistent with the approved operation and maintenance plan or manual provided by the developer under §153.49 (A). The amount shall be computed by estimating the maintenance cost for 25 years and multiplying this amount by two -fifths or 0.4. (C) Consistent with §153.46, the permit applicant shall enter into the binding Operation and Maintenance Agreement between the Watershed Review Board and all interests in the development. Said Agreement shall require the owning entity to maintain, repair, and if necessary, reconstruct the stormwater control structure in the accordance with the operation management plan or manual provided by the developer. The Operation and Maintenance Agreement shall be filed with the Gaston County Register of Deeds by the Watershed Review Board. 17 Adopted March 7, 2016 (D) Default under the performance bond or other security. Upon default of the permit applicant to complete and/or maintain the stormwater control structure as spelled out in the performance bond or other security, the Board may obtain and use all or any portion of the funds necessary to complete the improvements based on an engineering estimate. The board shall return any funds not spent in completing the improvements to the owning entity. (E) Default under the cash security. Upon default of the owning entity to maintain, repair and, if necessary, reconstruct the stormwater control structure in accordance with the Operation and Maintenance Agreement, the Board shall obtain and use all or any portion of the cash security to make necessary improvements based on an engineering estimate. Such expenditure of funds shall only be made after exhausting all other reasonable remedies seeking the owning entity to comply with the terms and conditions of the Operation and Maintenance Agreement. The Board shall not return any deposited cash funds. Penalty, see §153.05 and Remedies, see §153.06. § 153.49 MAINTENANCE AND UPKEEP. (A) An operation and maintenance plan or manual shall be provided by the developer for each stormwater control structure, indicating what operation and maintenance actions are needed, what specific quantitative criteria will be used for determining when those actions are to be taken and, consistent with the Operation and Maintenance Agreement, who is responsible for those actions. The plan shall clearly indicate the steps that will be taken for restoring a stormwater control structure to design specifications if a failure occurs. (B) Landscaping and grounds management shall be the responsibility of the owning entity. However, vegetation shall not be established or allowed to mature to the extent that the integrity of the control structure is diminished or threatened, or to the extent of interfering with any easement or access to the stormwater control structure. (C) Except for general landscaping and grounds management, the owning entity shall notify the Watershed Administrator prior to any repair or reconstruction of the stormwater control structure. All improvements shall be made consistent with the approval plans and specifications of the stormwater control structure and the operation and maintenance plan or manual. After notification by the owning entity, the Watershed Administrator shall inspect the completed improvements and shall inform the owning entity of any required additions, changes, or modifications and of the time period to complete said improvements. The Watershed Administrator may consult with an engineer or landscape architect (to the extent that the NCGS 89A, allow) designated by the Watershed Review Board. (D) Amendments to the plans and specifications of the stormwater control structure and/or the operation and maintenance plan or manual shall be approved by the Watershed Review Board. Proposed changes shall be prepared by a North Carolina registered professional engineer or landscape architect (to the extent that the NCGS 89A, allow) and submitted to and reviewed by the Watershed Administrator prior by the Watershed Review Board. (1) If the Watershed Review Board approves the proposed changes, the owning entity of the stormwater control structure shall file sealed copies of the revisions with the Office of the Watershed Administrator. 18 Adopted March 7, 2016 (2) If the Watershed Review Board disapproves the changes, the proposal may be revised and resubmitted to the Watershed Review Board as a new proposal. If the proposal has not been revised and is essentially the same that already reviewed, it shall be returned to the applicant. (E) If the Watershed Review Board finds that the operation and maintenance plan or manual is inadequate for any reason, the Board shall notify the owning entity of any required changes and shall prepare and file copies of the revised agreement with the Gaston County Register of Deeds, the Office of the Watershed Administrator and the owning entity. § 153.50 APPLICATION AND INSPECTION FEES. (A) Processing and inspection fees shall be submitted in the form of a check or money order made payable to the city. Applications shall be returned if not accompanied by the required fee. (B) A permit and inspection fee schedule, as approved by the City Council shall be posted in the Office of the Watershed Administrator. (C) Inspection fees shall be valid for 60 days. An inspection fee shall be required when improvements are made to the stormwater control structure consistent with §153.49 (C), except in the case when a similar fee has been paid within the last 60 days. § 153.51 INSPECTIONS AND RELEASE OF THE PERFORMANCE BOND. (A) The stormwater control structure shall be inspected by the Watershed Administrator, after the owning entity notifies the Watershed Administrator that all work has been completed. At this inspection, the owning entity shall provide: (1) The signed deed, related easements and survey plat for the stormwater control structure ready for filing with the Gaston County Register of Deeds; (2) A certification sealed by an engineer or landscape architect (to the extent that the NCGS 89A, allow) stating that the stormwater control structure is complete and consistent with the approved plans and specifications (B) The Watershed Administrator shall present the materials submitted by the developer and the inspection report and recommendations to the Watershed Review Board at its next regularly scheduled meeting. (1) If the Board approves the inspection report and accepts the certification, deed, and easements, the Board shall file the deed and easements with the Gaston County Register of Deeds, release up to 75% of the value of the performance bond or other security and issue a Watershed Protection Occupancy Permit for the stormwater control structure, consistent with § 153.34. 19 Adopted March 7, 2016 (2) If deficiencies are found, the Board shall direct that improvements and inspections be made and/ or documents corrected and resubmitted to the Board. (C) No sooner than one year after the filing date of the deed, easements and maintenance agreement, the developer may petition the Watershed Review Board to release the remaining value of the performance bond or other security. Upon receipt of said petition, the Watershed Administrator shall inspect the stormwater control structure to determine whether the controls are performing as designed and intended. The Watershed Administrator shall present the petition, inspection report, and recommendations to the Watershed Review Board. (1) If the Board approves the report and accepts the petition, the developer shall deposit with the Watershed Review Board a cash amount equal to that described in §153.48 (13)(2) after which, the Board shall release the performance bond or other security. (2) If the Board does not accept the report and rejects the petition, the Board shall provide the developer with instructions to correct any deficiencies and all steps necessary for the release the performance bond or other security. (D) A Watershed Protection Occupancy Permit shall not be issued for any building within the permitted development until the Watershed Review Board has approved the stormwater control structure, as provided in §153.51 (B). (E) All stormwater control structures shall be inspected at least once on an annual basis to determine whether the controls are performing as designed and intended. Records of inspection shall be maintained on forms approved or supplied by the North Carolina Division of Energy, Mineral, and Land Resources. Annual inspections shall begin within one year of filing date of the deed for the stormwater control structure. (F) In the event the Watershed Administrator discovers the need for corrective action or improvements, the Watershed Administrator shall notify the owning entity of the needed improvements and the date by which the corrective action is to be completed. All improvements shall be made consistent with the plans and specifications of the stormwater control structure and the operation maintenance plan or manual. After notification by the owning entity, the Watershed Administrator shall inspect and approve the completed improvements. The Watershed Administrator may consult with an engineer or landscape architect (to the extent that the NCGS 89A, allow) designated by the Watershed Review Board. (G) Appeals of any order, requirement, decision, or determination made by the Watershed Administrator may be made to and decided by the Watershed Review Board consistent with §153.71. § 153.52 SANCTIONS. In addition to the remedies described in § 153.06 of this Ordinance and consistent with NCGS 160A- 175, the Watershed Review Board may seek enforcement of this Ordinance through the City Council by assessing a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty in a prescribed period of time after being cited for violation of the 20 Adopted March 7, 2016 ordinance. Said violation may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. The court may issue an injunction and order of abatement commanding the defendant to correct the unlawful condition upon or cease the unlawful use of the property. The action shall be governed in all respects by the lows and rules governing civil proceeding, including the Rules of Civil Procedure in general and Rule 65 in particular. If the defendant fails or refuses to comply with an injunction or with an order of abatement with the time allowed by the court, the defendant may be cited for contempt and the city may execute the order of abatement. The city shall have a lien on the property for the cost of executing an order of abatement in the nature of a mechanic's and materialman's lien. The defendant may secure cancellation of an order of abatement by paying all costs of the proceeding and posting a bond for compliance with order. The bond shall be given with sureties approved by the Clerk of Superior Court in an amount approved. By the judge before whom the matter is heard and shall be conditioned on the defendant's full compliance with the terms of the order of abatement within a time fixed by the judge. Cancellation of an order of abatement shall not suspend or cancel an injunction issued in conjunction therewith. Enforcement of this ordinance may be by any one, all or a combination of the remedies authorized in this ordinance. Each day's continuing violation shall be a separate and distinct offence. PUBLIC HEALTH REGULATIONS § 153.60 PUBLIC HEALTH, IN GENERAL. No activity, situation, structure or land use shall be allowed within the watershed which poses a threat to water quality and the public health, safety and welfare. Such conditions may arise from inadequate on -site sewage systems which utilize ground absorption; inadequate sedimentation and erosion control measures; the improper storage or disposal of junk, trash or other refuse within a buffer area; the improper management of stormwater runoff; or any other situation found to pose a threat to water quality. § 153.61 ABATEMENT. (A) The Watershed Administrator shall monitor land use activities within the watershed areas to identify situations that may pose a threat to water quality. (B) The Watershed Administrator shall report all findings to the Watershed Review Board. The Watershed Administrator may consult with any public agency or official and request recommendations. (C) Where the Watershed Review Board finds a threat to water quality and the public health, safety and welfare, the Board shall institute any appropriate action or proceeding to restrain, correct or abate the condition and/or violation. ADMINISTRATION, ENFORCEMENT AND APPEALS § 153.70 WATERSHED ADMINISTRATOR AND DUTIES THEREOF. (A) The city shall appoint a Watershed Administrator, who shall be duly sworn in. 21 Adopted March 7, 2016 (B) It shall be the duty of the Watershed Administrator to administer and enforce the provisions of this Ordinance as follows: (1) The Watershed Administrator shall issue Watershed Protection Permits and Watershed Protection Occupancy Permits as prescribed herein. A record of all permits shall be kept on file and shall be available for public inspection during regular office hours of the Administrator. (2) The Watershed Administrator may serve as clerk to the Watershed Review Board. (3) The Watershed Administrator shall keep records of all amendments to the local Water Supply Watershed Protection Ordinance and shall provide copies of all amendments upon adoption to the Stormwater Permitting Program of the NC Division of Energy, Mineral, and Land Resources. (4) The Watershed Administrator is granted the authority to administer and enforce the provisions of this Ordinance, exercising in the fulfillment of their responsibility the full police power of the city. The Watershed Administrator, or their duly authorized representative, may enter any building, structure, or premises, as provided by law, to perform any duty imposed upon them by this Ordinance. (5) The Watershed Administrator shall keep a record of variances to the local Water Supply Watershed Protection Ordinance. This record shall be submitted for each calendar year to the Division of Energy, Mineral, and Land Resources on or before January 1st of the following year and shall provide a description of each project receiving a variance and the reasons for granting the variance. § 153.71 APPEAL FROM THE WATERSHED ADMINISTRATOR. (A) Any order, requirement, decision or determination made by the Watershed Administrator may be appealed to and decided by the Watershed Review Board. (B) An appeal from a decision of the Watershed Administrator must be submitted to the Watershed Review Board within 30 days from the date the order, interpretation, decision or determination is made. All appeals must be made in writing stating the reasons for appeal. Following submission of an appeal, the Watershed Administrator shall transmit to the Board all papers constituting the record upon which the action appealed from was taken. (C ) An appeal stays all proceedings in furtherance of the action appealed, unless the officer from whom the appeal is taken certifies to the Board after the notice of appeal has been filed with him, that by reason of facts stated in the certificate, a stay would in their 14is opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application of notice of the officer from whom the appeal is taken and upon due cause shown. (D) The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties and shall decide the same within a reasonable time. At the hearing, any party may appear in person, by agent or by attorney. 22 Adopted March 7, 2016 § 153.72 CHANGES AND AMENDMENTS TO THE WATERSHED PROTECTION ORDINANCE. (A) The City Council may, on its own motion or on petition, after public notice and hearing, amend, supplement, change or modify the watershed regulations and restrictions as described herein. (B) No action shall be taken until the proposal has been submitted to the Watershed Review Board for review and recommendations. If no recommendation has been received from the Watershed Review Board within 45 days after submission of the proposal to the Chairman of the Watershed Review Board, the City Council may proceed as though a favorable report had been received. (C) Under no circumstances shall the City Council adopt such amendments, supplements or changes that would cause this Ordinance to violate the watershed protection rules as adopted by the N.C. Environmental Management Commission. All amendments must be filed with the Stormwater Permitting Program, N.C. Division of Energy, Mineral, and Land Resources. § 153.73 PUBLIC NOTICE AND HEARING REQUIRED. Before adopting or amending this Ordinance, the City Council shall hold a public hearing on the proposed changes. A notice of the public hearing shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published for the first time not less than 10 nor more than 25 days before the date for the hearing. § 153.74 ESTABLISHMENT OF WATERSHED REVIEW BOARD. There shall be and hereby is created the Watershed Review Board consisting of all members of the City Council. § 153.75 GENERAL PROCEEDINGS OF THE WATERSHED REVIEW BOARD. The mayor shall be the chairman and the mayor pro tempore the vice-chairman of the board. The chairman in turn shall appoint a secretary, who may be an employee of the city, a city officer, or a member of the Watershed Review Board. The chairman, or in their absence the vice-chairman, may administer oaths and request the attendance of witnesses. The Board shall keep minutes of its proceedings, including the names of members present and absent, a record of the vote on every question, together with records of its examinations and other official actions. § 153.76 MEETINGS (A) Board Meetings. The Board may hold regular monthly meetings at a specified time and place or special meetings of the Board may be called at any time by the chairman or by request of three or more members of the Board. At least 48 hours written notice of the time and place of meetings shall be given by the chairman to each member of the Board. All Board meetings are to be held in accordance with NCGS 143-33B, commonly referred to as the Open Meetings Law. (B) Cancellation of Meetings. Whenever there are no appeals or other business for the Board, or 23 Adopted March 7, 2016 whenever so many members so notify the secretary of inability to attend that a quorum will not be available, the chairman shall dispense with a meeting giving written or oral notice to all members. (C) Quorum. A majority of the actual membership of the Board plus the chairman, excluding vacant seats, shall constitute a quorum. A member who has withdrawn from a meeting without being excused by majority vote of the remaining members present, shall be counted as present for purposes of determining whether or not a quorum is present. (D) Voting. No member shall be excused from voting except upon matters involving the consideration of their own financial interest or official conduct. In all other cases, a failure to vote by a member who is physically present in the meeting chamber, or who has withdrawn without being excused by a majority vote of the remaining members present, shall be recorded as an affirmative vote. An affirmative vote equal to a majority of all members of the Board not excused from voting on the question in issue (including the chairman's vote in case of an equal division) shall be required to take any action. § 153.77 RULES OF CONDUCT FOR MEMBERS. Members of the Board may be removed by the City Council for cause, including violation of the rules stated below: (A) Faithful attendance at meetings of the Board and conscientious performance of the duties required of members of the Board shall be considered a prerequisite to continuing membership on the Board. (B) No Board member shall take part in the hearing, consideration, or determination of any case in which they are personally or financially interested. (1) Financial Interest. A Board member shall have a "financial interest" in a case when a decision in the case will: (a) Cause them or their spouse to experience a direct financial benefit or loss, or (b) Will cause a business in which they or their spouse owns a 10% or greater interest, or is involved in a decision -making role, to experience a direct financial benefit or loss. (2) Personal Interest. A Board member shall have a "personal interest" in a case when it involves a member of their immediate family (i.e., parent, spouse, or child). (C) No Board member shall discuss any case with any parties thereto prior to the public hearing on that case; provided, however, that members may receive and/or seek information pertaining to the case from the Watershed Administrator or any other member of the Board, its secretary or clerk prior to the hearing. (D) Members of the Board shall not express individual opinions on the proper judgement of any case prior to its determination on that case. 24 Adopted March 7, 2016 (E) Members of the Board shall give notice to the chairman at least 48 hours prior to the hearing of any potential conflict of interest which they have in a particular case before the Board. (F) No Board member shall vote on any matter that decides an application or appeal unless they had attended the public hearing on that application or appeal. § 153.78 POWERS AND DUTIES OF THE WATERSHED REVIEW BOARD. (A) Administrative Review. The Watershed Review Board shall hear and decide appeals from any decision or determination made by the Watershed Administrator in the enforcement of this Ordinance. (B) Variances. The Watershed Review Board shall have the power to authorize, in specific cases, minor variances from the terms of this Ordinance as will not be contrary to the public interests where, owing to special conditions, a literal enforcement of this Ordinance will result in practical difficulties or unnecessary hardship, so that the spirit of this Ordinance shall be observed, public safety and welfare secured, and substantial justice done. In addition, the city shall notify and allow a reasonable comment period for all other local governments having jurisdiction in the designated watershed where the variance is being considered. (1) Applications for a variance shall be made on the proper form obtainable from the Watershed Administrator and shall include the following information: (a) A site plan, drawn to a scale of at least 1 inch to 40 feet, indicating the property lines of the parcel upon which the use is proposed; any existing or proposed structures; parking areas and other built -upon areas; surface water drainage. The site plan shall be neatly drawn and indicate north point, name and address of person who prepared the plan, date of the original drawing, and an accurate record of any later revisions. (b) A complete and detailed description of the proposed variance, together with any other pertinent information which the applicant feels would be helpful to the Watershed Review Board in considering the application. (c) The Watershed Administrator shall notify in writing each local government having jurisdiction in the watershed and the entity using the water supply for consumption. Such notice shall include a description of the variance being requested. Local governments receiving notice of the variance request may submit comments to the Watershed Administrator prior to a decision by the Watershed Review Board. Such comments shall become a part of the record of proceedings of the Watershed Review Board. (2) Before the Watershed Review Board may grant a variance, it shall make the following three findings, which shall be recorded in the permanent record of the case, and shall include the factual reasons on which they are based: (a) There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the Ordinance. In order to determine that there are practical difficulties or unnecessary hardships, the Board must find that the five following conditions exist: 25 Adopted March 7, 2016 (1) If they comply with the provisions of the Ordinance, the applicant can secure no reasonable return from, nor make reasonable use of, their property. Merely proving that the variance would permit a greater profit to be made from the property will not be considered adequate to justify the Board in granting a variance. Moreover, the Board shall consider whether the variance is the minimum possible deviation from the terms of the Ordinance that will make possible the reasonable use of their property. (2) The hardship results from the application of the Ordinance to the property rather than from other factors such as deed restrictions or other hardship. (3) The hardship is due to the physical nature of the applicant's property, such as its size, shape, or topography, which is different from that of neighboring property. (4) The hardship is not the result of the actions of an applicant who knowingly or unknowingly violates the Ordinance, or who purchases the property after the effective date of the Ordinance, and then comes to the Board for relief. (5) The hardship is peculiar to the applicant's property, rather than the result of conditions that are widespread. If other properties are equally subject to the hardship created in the restriction, then granting a variance would be a special privilege denied to others, and would not promote equal justice. (b) The variance is in harmony with the general purpose and intent of the Ordinance and preserves its spirit. (c) In the granting of the variance, the public safety and welfare have been assured and substantial justice has been done. The Board shall not grant a variance if it finds that doing so would in any respect impair the public health, safety, or general welfare. (3) In granting the variance, the Board may attach thereto such conditions regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable in furtherance of the purpose of this Ordinance. If a variance for the construction, alteration or use of property is granted, such construction, alteration or use shall be in accordance with the approved site plan. (4) The Watershed Review Board shall refuse to hear an appeal or an application for a variance previously denied if it finds that there have been no substantial changes in conditions or circumstances bearing on the appeal or application. (5) A variance issued in accordance with this Section shall be considered a Watershed Protection Permit and shall expire if a Building Permit or Watershed Occupancy Permit for such use is not obtained by the applicant within six (6) months from the date of the decision. (6) If the application calls for the granting of a major variance, and if the Watershed Review Board decides in favor of granting the variance, the Board shall prepare a preliminary record of the hearing with all deliberate speed. The preliminary record of the hearing shall 26 Adopted March 7, 2016 include: (a) The variance application; (b) The hearing notices; (c) The evidence presented; (d) Motions, offers of proof, objections to evidence, and rulings on them; (e) Proposed findings and exceptions; (f) The proposed decision, including all conditions proposed to be added to the permit. (7) The preliminary record shall be sent to the Environmental Management Commission for its review as follows: (a) If the Commission concludes from the preliminary record that the variance qualifies as a major variance and that (1) the property owner can secure no reasonable return from, nor make any practical use of the property unless the proposed variance is granted, and (2) the variance, if granted, will not result in a serious threat to the water supply, then the Commission shall approve the variance as proposed or approve the proposed variance with conditions and stipulations. The Commission shall prepare a Commission decision and send it to the Watershed Review Board. If the Commission approves the variance as proposed, the Board shall prepare a final decision granting the proposed variance. If the Commission approves the variance with conditions and stipulations, the Board shall prepare a final decision, including such conditions and stipulations, granting the proposed variance. (b) If the Commission concludes from the preliminary record that the variance qualifies as a major variance and that (1) the property owner can secure a reasonable return from or make a practical use of the property without the variance or (2) the variance, if granted, will result in a serious threat to the water supply, then the Commission shall deny approval of the variance as proposed. The Commission shall prepare a Commission decision and send it to the Watershed Review Board. The Board shall prepare a final decision denying the variance as proposed. (C) Subdivision approval. See §153.10 through §153.14. (D) Public Health. See §153.60 and §153.61. (E) Approval of all development greater than the low density option. See §153.45 through §153.51. § 153.79 APPEALS FROM THE WATERSHED REVIEW BOARD. Appeals from the Watershed Review Board must be filed with the Superior Court within 30 days from the date of the decision. Decisions by the Superior Court will be in the manner of certiorari. 27 Adopted March 7, 2016 § 153.80 OPERATION AND MAINTENANCE AGREEMENT. The Watershed Administrator is hereby authorized to sign the operation and maintenance agreement described in § 153.48 (C) on behalf of the city. DEFINITIONS § 153.90 General Definitions. For the purpose of this Ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AGRICULTURAL USE. The use of waters for stock watering, irrigation, and other farm purposes. BEST MANAGEMENT PRACTICES (BMP). A structural or nonstructural management -based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals. BUFFER. An area of natural or planted vegetation 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. The buffer is measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams or rivers. BUILDING. Any structure having a roof supported by columns or by walls, and intended for shelter, housing or enclosure of persons, animals or property. The connection of two buildings by means of an open porch, breezeway, passageway, carport or other such open structure, with or without a roof, shall not be deemed to make them one building. BUILT -UPON AREA. Built -upon areas shall include that portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel areas (e.g. roads, parking lots, and paths), recreation facilities (e.g. tennis courts), etc. (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious.) CLUSTER DEVELOPMENT. Cluster development means the grouping of buildings in order to conserve land resources and provide for innovation in the design of the project including minimizing stormwater runoff impacts. This term includes nonresidential development as well as single-family residential and multi -family developments. For the purpose of this Ordinance, planned unit developments and mixed use development are considered as cluster development. CRITICAL AREA. The area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. The CRITICAL AREA is defined as extending either one-half mile from the normal pool elevation of the reservoir in which the intake is located or to the ridge line of the watershed (whichever comes first); or one-half mile upstream from the intake located directly in the stream or river (run -of -the -river), or the ridge line of the watershed (whichever comes first). Local governments may extend the critical area as needed. Major landmarks such as highways or property lines may be used to delineate the outer boundary of the 28 Adopted March 7, 2016 critical area if these landmarks are immediately adjacent to the appropriate outer boundary of one-half mile. CUSTOMARY HOME OCCUPATIONS. Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof. Provided further that no mechanical equipment is installed or used except as is normally used for domestic or professional purposes, and that not over 25% of the total floor space of any structure is used for the occupation. No home occupation shall be conducted in any accessory building except for the storage and service of a vehicle that is driven off site, such as a service repair truck, delivery truck, etc. DEVELOPMENT. Any land disturbing activity which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil. DISCRETE MRCS CURVE NUMBER METHOD. A method for calculating the required treatment volume whereby the model described in Urban Hydrology for Small Watersheds (NRCS Technical Report 55), available at: http://Www.nres.usda.govllntemetIFSE_DOCUMENTS/stelprdb9044171.pdo, is run twice: first, to yield runoff volume from the built -upon areas; and second, to yield runoff volume from the remainder of the project. The total required treatment volume shall be the sum of the two results. DWELLING UNIT. A building, or portion thereof, providing complete and permanent living facilities for one family. EXISTING DEVELOPMENT. Those projects that are built or those projects that at a minimum have established a vested right under North Carolina zoning law as of the effective date of this Ordinance based on at least one of the following criteria: (1) Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project; or (2) Having an outstanding valid building permit as authorized by NCGS 160A-385.1; or (3) Having an approved site specific or phased development plan as authorized by NCGS 160A-385.1. EXISTING LOT (LOT OF RECORD). A lot which is part of a subdivision, a plat of which has been recorded in the Office of the Register of Deeds prior to July 1, 1993, or a lot described by metes and bounds, the description of which has been so recorded prior to July 1, 1993. FAMILY SUBDIVISION. Family subdivision means a division of a tract of land: (a) to convey the resulting parcels, with the exception of parcels retained by the grantor, to a relative or relatives as a gift or for nominal consideration, but only if no more than one parcel is conveyed by the grantor from the tract to any one relative; or (b) to divide land from a common ancestor among tenants in common, all of whom inherited by intestacy or by will. 29 Adopted March 7, 2016 INDUSTRIAL DEVELOPMENT. Any non-residential development that requires an NPDES permit for an industrial discharge and/or requires the use or storage of any hazardous material for the purpose of manufacturing, assembling, finishing, cleaning or developing any product or commodity. LANDFILL. A facility for the disposal of solid waste on land in a sanitary manner in accordance with NCGS 130A Article 9. For the purpose of this Ordinance this term does not include composting facilities. LOT. A parcel of land occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same. MAJOR VARIANCE. A variance from the minimum statewide watershed protection rules that results in any one or more of the following: (1) The relaxation, by a factor greater than 10%, of any management requirement under the low density option; (2) The relaxation, by a factor greater than 5%, of any buffer, density or built -upon area requirement under the high density option; or (3) Any variation in the design, maintenance or operation requirements of a wet detention pond or other approved stormwater management system. MINOR VARIANCE. A variance from the minimum statewide watershed protection rules that results in a relaxation, by a factor of up to 5% of any buffer, density or built -upon area requirement under the high density option; or that results in a relaxation, by a factor of up to 10%, of any management requirement under the low density option. 90TH PERCENTILE STORM. The rainfall event with a precipitation depth greater than or equal to 90 percent of all 24-hour storms on an annual basis. NONCONFORMING LOT OF RECORD. A lot described by a plat or a deed that was recorded prior to the effective date of local watershed protection regulations (or their amendments) that does not meet the minimum lot size or other development requirements of the statewide watershed protection rules. NON-RESIDENTIAL DEVELOPMENT. All development other than residential development, agriculture and silviculture. PLAT. A map or plan of a parcel of land which is to be, or has been subdivided. PROTECTED AREA. The area adjoining and upstream of the critical area of WSW watersheds. The boundaries of the protected area are defined as within five miles of and draining to the normal pool elevation of the reservoir or to the ridgeline of the watershed; or within 10 miles upstream and draining 30 Adopted March 7, 2016 to the intake located directly in the stream or river or to the ridgeline of the watershed. REQUIRED STORM DEPTH. The minimum amount of rainfall that shall be used to calculate the required treatment volume or to evaluate whether a project has achieved runoff volume match. RESIDENTIAL DEVELOPMENT. Buildings for residence such as attached and detached single- family dwellings, apartment complexes, condominiums, townhouses, cottages, etc. and their associated outbuildings such as garages, storage buildings, gazebos, etc. and customary home occupations. RESIDUALS. Any solid or semi -solid waste generated from a wastewater treatment plant, water treatment plant or air pollution control facility permitted under the authority of the Environmental Management Commission. RUNOFF VOLUME MATCH. The volume of runoff after development does not exceed the amount of runoff before development for the design storm. SIMPLE METHOD. A method for calculating the required treatment volume using the formula V = 3630 * Rp * (0.05+0.9*IA) * A. In this equation, V = the estimated runoff volume for the design storm, Ro = design storm rainfall depth in inches, IA = impervious fraction (impervious portion of drainage area in acres/ drainage area in acres), and A = watershed area in acres. SINGLE FAMILY RESIDENTIAL. Any development where: (1) No building contains more than one dwelling unit; (2) Every dwelling unit is on a separate lot; and (3) Where no lot contains more than one dwelling unit. STORMWATER CONTROL MEASURE OR SCM. A permanent structural device that is designed, constructed, and maintained to remove pollutants from stormwater runoff by promoting settling or filtration or mimic the natural hydrologic cycle by promoting infiltration, evapo-transpiration, post - filtration discharge, reuse of stormwater, or a combination thereof. STORMWATER CONTROL STRUCTURE. This term shall be interchangeable with Stormwater Control Measure. STREET (ROAD). A right-of-way for vehicular traffic which affords the principal means of access to abutting properties. STRUCTURE. Anything constructed or erected, including but not limited to buildings, which requires location on the land or attachment to something having permanent location on the land. SUBDIVIDER. Any person, firm or corporation who subdivides or develops any land deemed to be a subdivision as herein defined. 31 Adopted March 7, 2016 SUBDIVISION. All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) and shall include all division of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations authorized by this Ordinance: (1) The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of this Ordinance; (2) The division of land into parcels greater than 10 acres where no street right-of-way dedication is involved; (3) The public acquisition by purchase of strips of land for the widening or opening of streets; (4) The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the this Ordinance; (5) The division of a tract into plots or lots used as a cemetery. TOXIC SUBSTANCE. Any substance or combination of substances (including disease causing agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their off spring or other adverse health effects. VARIANCE. A permission to develop or use property granted by the Watershed Review Board relaxing or waiving a water supply watershed management requirement adopted by the Environmental Management Commission that is incorporated into this Ordinance. WATER DEPENDENT STRUCTURE. Any structure for which the use requires access to or proximity to or citing within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not water dependent structures. WATERSHED. The entire land area contributing surface drainage to a specific point (e.g. the water supply intake.) WATERSHED ADMINISTRATOR. An official or designated person of the city responsible for administration and enforcement of this Ordinance. 32 Adopted March 7, 2016 § 153.91 Word Interpretation. For the purpose of this Ordinance, certain words shall be interpreted as follows: (1) Words in the present tense include the future tense. (2) Words used in the singular number include the plural, and words used in the plural number include the singular, unless the natural construction of the wording indicates otherwise. (3) The word "person" includes a firm, association, corporation, trust, and company as well as an individual. (4) The word "structure" shall include the word "building." (5) The word "lot" shall include the words, "plot," "parcel," or "tract." (6) The word "shall" is always mandatory and not merely directory. (7) The word "will" is always mandatory and not merely directory. 33 Adopted March 7, 2016