NCS000408_Graham 2021 Annual Report_20211029

NPDES Phase II Stormwater
Annual Report
City of Graham

Fiscal Year
2020 – 2021

Prepared by:
Josh Johnson, P.E.

And

Phil Ross
Stormwater Program
Coordinator

alley, williams, carmen & king, inc.
engineers and architects
740 chapel hill road - post office box 1179
burlington, north carolina 27216-1179
Phone: [phone]
Fax: [phone]
City of Graham Stormwater Annual Report
2020 – 2021
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Report Outline
• Introduction
• NPDES Phase II
o Minimum Control Measures
 Public Education and Outreach
 Public Involvement and Participation. Illicit Discharge Detection and Elimination
 Construction Site Runoff Controls
 Post Construction Stormwater Management
 Pollution Prevention and Good Housekeeping
• Impaired Waters and TMDL Waters
o Listing of Impaired Waters
 Impairment Type
 Timeline for Improvements
 Current Status
• Jordan Lake Rules Compliance
o Overview, Background, and Implementation Schedule
o Riparian Buffer Protection Program
o New Development Program
o Existing Development Stage 1 Programs
o Future Existing Development Stage 2 Programs
o Jordan Lake One Water
• Stormwater Funding
• Future Issues
• Program Contacts
City of Graham Stormwater Annual Report
2020 – 2021
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Introduction

On July 1, 2005, The North Carolina Division of Water Quality (DWQ) in the Department of
Environmental Quality (DEQ), formerly DENR began issuing Phase II stormwater permits to
municipalities in North Carolina under the National Pollutant Discharge Elimination System Program
(NPDES). At the time, the NPDES Phase II Program was the latest stormwater program stemming from
the Federal Clean Water Act of 1972. Prior to the Phase II program, EPA and NC DEQ had issued NPDES
Phase I Stormwater Permits to Cities larger than 100,000 persons. In North Carolina these cities were
Raleigh, Charlotte, Fayetteville, Durham, Greensboro, and Winston Salem. The Phase II Program
included distribution of Phase II permits to municipalities less than 100,000 residents and began with
municipalities within Municipal Spheres of Influence (MSI) that were greater than 50,000 citizens. The
Burlington Corridor represented a MSI of greater than 50,000 residents and each municipal separate
storm sewer system (MS4) was given a Phase II permit.

The Phase II stormwater program was created with the intention of improving the quality of the nation’s
waterways by reducing the quantity of pollutants that stormwater transports into stormwater systems
and discharges to surface water bodies. The permit requires permittees at a minimum to develop,
implement, and enforce a stormwater program designed to reduce the discharge of pollutants from the
municipal separate storm sewer system (MS4) to the maximum extent practicable.

City of Graham Stormwater Annual Report
2020 – 2021
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The stormwater program is composed of the following six management measures:
1. Public Education and Outreach
2. Public Involvement and Participation
3. Illicit Discharge Detection and Elimination
4. Construction Site Runoff Controls
5. Post-Construction Site Runoff Controls
6. Pollution Prevention and Good Housekeeping for Municipal
Operations
Each of these measures consists of required Best Management Practices (BMPs), measurable goals for
each BMP and an implementation schedule for the 5 year permit cycle. Additionally, the City of Graham
has a Comprehensive Stormwater Management Program and completes annual reporting about the
NPDES Phase II Program. Because the NPDES Program concentrates on water quality it has limited
provisions concerning water quantity and flooding controls. The City’s Storm Drainage Design Manual
does include provisions for managing peak runoff from new development and the City’s Flood Damage
Prevention Ordinance reduces flooding through limiting development in the FEMA regulated flood
plains.
In February 2017, after several months of discussion, NC DWQ issued a renewal of the City’s NPDES
Phase II Permit. This renewed permit is similar to the original permit with a few additional requirements
included. A copy of the permit is available either through Josh Johnson, P.E. or through NC Division of
Energy, Mineral and Land Resources (NC DEMLR – which as of fall of 2013 now houses Stormwater
Permitting).
This Report is intended to complete the Annual Report specifying the City’s progression in implementing
the NPDES Permit and Comprehensive Stormwater Management Plan. It is also intended to give readers
a comprehensive idea of the City’s full Stormwater Program including the City’s Jordan Lake, Little
Alamance Creek, and Water Quantity Programs as well as the City’s current funding structure.
NPDES Phase II Minimum Control Measures
Each of the 6 Minimum Control Measures (MCM’s) has a set of best management practices (BMP’s) that
are intended to foster compliance with both the City’s Permit and CSWMP. These specific BMP’s can be
found in both the Permit and the CSWMP but highlights and specific actions will be noted in the report.
Public Education and Outreach
The City operates a Public Education and Outreach program that is designed to educate the general
public about the need to improve water quality in stormwater. The general objectives are to distribute
education materials to the community and/or to conduct equivalent outreach activities about the
impacts of stormwater discharges on surface waters and the steps the public can take to reduce
pollutants in stormwater runoff. These objectives have been further refined to target residents, school
City of Graham Stormwater Annual Report
2020 – 2021
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children, local businesses (specifically gas station owners and landscaping companies) and industry
because these groups have the most impact on stormwater pollution prevention.
The education program targets total suspended solids (TSS and Sediment) and nutrient loading because
turbidity, sedimentation, and nutrients are the pollutants of concern in downstream waters.
The City partners with Stormwater SMART, an education and outreach organization hosted by the
Piedmont Triad Regional Council (PTRC). Stormwater SMART is a cooperative group that is funded by
several Piedmont municipalities. It was created in 2005 to provide education and outreach for the new
MS4 Permittees (like Graham) and concentrates on direct education of school children and residents.
Danica Heflin is the Stormwater Smart Outreach and Education Coordinator. She can be contacted at
[e-mail] or at [phone].
A copy of Stormwater SMART’s Annual Report is available at http://www.ptrc.org/services/regional-
planning/planning-documents. It provides comprehensive information on Stormwater Public Education
efforts in the City of Graham for the Fiscal Year 2020 - 2021 period.
Due to the unprecedented COVID-19 pandemic causing statewide shutdowns of public events; many
programs and events in the 2020 – 2021 Fiscal Year were still impacted.

City of Graham Stormwater Annual Report
2020 – 2021
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Stormwater Outreach Efforts in Graham
These efforts as shown in the preceding table from Stormwater Smart also include Digital and Social
Media information distributed in the Graham area during the fiscal year. These efforts allow for Virtual
Educational Information, along with information on the Little Alamance Creek Website found at:
www.littlealamancecreek.com

City of Graham Stormwater Annual Report
2020 – 2021
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Public Participation and Involvement
The City has a responsibility to solicit and consider public opinion on all matters, including stormwater
management. The City originally involved the public with a public hearing in 2005 and tried to create a
citizen’s committee during the first permit cycle but little interest was shown from the public. The City
has been receptive to any questions from citizens, maintains a Helpline - City Hall at [phone] and
has worked with Stormwater Smart and the City of Burlington to educate the public but continues to
struggle to establish effective Public Participation and Involvement.
Illicit Discharge Detection and Elimination
The City of Graham has a full Illicit Discharge Detection and Elimination (IDDE) Program. The IDDE
Program is intended to reduce discharges to the stormwater system that are not entirely composed of
stormwater. There are a few permitted discharges and firefighting related discharges that are allowed.
An illicit discharge is typically dirt, soap, pet waste, litter, oil, fertilizer, pesticides, or raw sewage and
often times comes from “generating sites.” Generating sites are points of pollution that continue over a
period and are recurring at regular or irregular intervals.
The backbone of the IDDE program is the IDDE Ordinance that the City passed in May 2008. The IDDE
ordinance provides permits specific discharges into the MS4 as legal, provides legal authority to restrict
illegal discharges, prohibits illicit connections, provides conditions for cleaning up and preventing
polluted spills, provides for right of entry into property to investigate prohibited activities, and provides
the City with options for enforcing the Ordinance. The IDDE Ordinance is based on NC DWQ’s Model
Ordinance.
The second basis for the IDDE program is the City’s MS4 Map. The mapping program was completed in
the first permit cycle by GPS mapping and is now usable in a GIS format. The map includes the entire
MS4 system and provides for easy access to aid in the investigation of illicit discharges. An investigator
with the map could find an illicit discharge and then easily follow the flow of the discharge upstream
until finding a source of the discharge.

City of Graham Stormwater Annual Report
2020 – 2021
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The map was originally published as a map book but generally is used on a watershed basis or through
ArcGIS software. If a specific area is needed it can be printed by either Stormwater or City Staff. The map
is intended to be updated on a regular basis as new development happens but updates since the
completion of the map have been sporadic.
The IDDE program also includes dry weather testing of outfalls into the stream system. In the first
permit cycle this was conducted in coordination with the mapping. Outfalls that had dry weather flows
were reported and investigated. Stream walks and outfall site visits were also performed in the Spring of
2021. Typically, most dry weather flow testing has been done in conjunction with complaints or City
staff investigations.
The City has significantly reduced sanitary sewer overflows within the collection system in the last ten
years. In Fiscal year 2020 -2021 there were 6 reportable sanitary sewer overflows of 1000 gallons or
more.
The City of Graham has been granted funds from the Division of Water Infrastructure to replace the
Boyd Creek pump station. Work on the pump station began in late 2019.
The City of Graham hydraulically cleans 10% of the collection system annually and chemically treats
approximately $35,000 of the system to prevent root intrusion. Additionally in 2002-21 - $50,000 was
spent on Manhole rehabilitation, $100,000 on line repair Slip lining and $90,000 on the I &I study for the
Boyd Creek Outfall. These maintenance issues are intended to reduce Sanitary Sewer Overflows and
therefore prevent illicit discharges to the MS4.
The City also utilizes smoke testing and closed circuit inspection for sanitary sewer related issues. In
2020 – 21 continued city smoke tested of the sanitary sewer system. After this a closed circuit
inspection was done of several of the noted areas for closer viewing and inspection.
In 2018 City staff visited and mapped the location of all dumpsters (199 total) in the City. This inspection
also looked at the status of the dumpsters (Good or Fair). Trash dumpsters can leak and cause direct
discharge into the stormwater system. This inspection has become an annual event with the city looking
at a percentage of the dumpsters each year to catch any problems on a timely basis.
City Staff are trained on an annual basis to identify illicit discharges and the reporting process for these
discharges. This training is combined with the Pollution Prevention and Good Housekeeping training of
public works, utilities, recreation, planning, and administrative staff as well as some fire and police
personnel. A possible future improvement would be multiple trainings annually and/or including more
fire and police personnel. Training of new hires would also be a good addition.

City of Graham Stormwater Annual Report
2020 – 2021
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Construction Site Runoff Controls
The City of Graham delegates the Construction Site Runoff Controls to the NC DEQ Division of Energy,
Mineral, and Land Resources. The City of Graham does not have a delegated erosion control program
but does make sure that plans it approves that will disturb greater than 1.0 acres of land apply for, and
receive, and erosion control plan. The City of Graham also has the ability to call NC DEMLR to report
known sedimentation issues. A possible improvement could be NC DEMLR’s responsiveness to City
generated complaints, which has been less than effective in the past.

Post Construction Site Runoff Controls
The City of Graham has a typical NPDES Phase II Post Construction Program. This includes a Post
Construction Ordinance, administrative
forms that support it, and a review
process. The Post Construction Program
applies to projects that exceed 1 acre of
disturbance or have a common plan of
development that will cumulatively
exceed 1.0 acres of disturbance. Projects
that exceed 24% built-upon area are
considered high density projects,
projects that are less than 24% BUA are
low density projects. High Density
Projects are then required to meet the
following requirements:
• Treat runoff from the first 1” of rain (the first flush).
• Treated Runoff is to be for 85% TSS removal.
• Discharge treated water at a rate less than or equal to the Predevelopment rate for the 1 year
24 hour storm.
• Discharge treated water between 48-120 hours.
• Stormwater Control Measures must be in easements and must have a recorded operation and
maintenance agreement.
• Compliance with the Jordan Lake Riparian Buffer Protection Ordinance.
Stormwater Control Measures, as well as runoff calculations, are prepared based upon the NC DWQ
BMP Manual and then reviewed by Josh Johnson, P.E.
City of Graham Stormwater Annual Report
2020 – 2021
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Low Density projects are required to comply with the Jordan Lake Buffer Protection Ordinance that went
into effect in fall 2011. Both Low and High Density Projects are required to comply with the City’s Storm
Sewer Design Manual which governs storm drainage design as well as peak runoff rates and provides for
evaluation of the 10 and 100 year design storms.
When a project is submitted to the City it goes through the City Planning Department. Then the plans
are distributed to a Technical Review Committee (TRC). The TRC includes Engineering and Stormwater
Reviewers as well as assorted City staff. At this point the project is determined to be subject to the
Stormwater Ordinance and High Density or Low Density. At that point review comments are made about
the project and addressed. After approval of the project, the owner is required to complete an
Operation and Maintenance Agreement for the stormwater control measures. This O&M agreement is
then recorded with the register of deeds so that it can reviewed at a later point in time.

Stormwater Detention Pond in Graham
City of Graham Stormwater Annual Report
2020 – 2021
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The City of Graham reviewed 20 projects that triggered the Stormwater Ordinance in 2020 - 21 and
reviewed 37 plans total. One project was completed.
The City of Graham requires as-builts and annual inspection reports from new stormwater control
measures (SCM) but has had trouble getting annual inspection reports submitted. In the coming year the
City will inspect the existing stormwater control measures and then provide the property owners with
the inspection report and the needed improvements. This letter will also contain information requiring
SCM owners to provide future inspection reports to the City or face fines and/or assessments.
Pollution Prevention and Good Housekeeping
Pollution Prevention is an overall goal of the City’s stormwater management plan and Good
Housekeeping is a key to that goal. Municipalities, in general, conduct many activities that can pose a
threat to water quality. Municipal facilities are the primary potential source of contamination but with
good housekeeping habits this potential can be reduced or eliminated. The City attempts to minimize
stormwater pollution from municipal operations by complying with best management plans for each
City facility. The BMP’s are written into a City Facilities O&M Plan that is intended to reduce or eliminate
stormwater exposure of oil, grease, pesticides, herbicides, fertilizers, sediment, and other materials
used by the City. Each of the City facilities is inspected annually and any issues are noted, written into
the Facility O&M Plan, and discussed with the facility supervisor.
The City operates a Fire Department, City Hall, Library, Police Department, Public Works Facility,
Wastewater Plant, South Graham Park, Recreation Center, Maple Street Center for Performing Arts,
Concession Stand for Apollo Field, Water Plant, Graham/Mebane Lake, Bill Cooke Park, and a Cemetery.
Each of these facilities is inspected annually and any new facilities will be added to the inspection list.

Salt Storage at Public Works
City staff with the greatest exposure to stormwater are trained on PPGH once annually. 2020 training
that was being planned was cancelled due to statewide COVID-19 restrictions. However Virtual Training
of PPGH and IDDE will take place in early fiscal year 2021. Training is typically combined with illicit
discharge detection and elimination training. The PPGH portion of the training concentrates on good
City of Graham Stormwater Annual Report
2020 – 2021
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housekeeping functions. This often includes identification of bad habits that can take place and how to
fix the situation to reduce the risk of pollution to stormwater.
The City of Graham sweeps all the town streets quarterly, including the downtown area every three
days. Approximately 9 cubic yards of material is picked up per day, primarily during leaf season. 57
miles are covered on a regular basis.
The City of Graham used no road salt or road salt alternatives (brine) prior to and during inclement
weather in 2020 - 21 this is due to the mild winter in the area.
The City of Graham used 1400 gallons of waste oil in 2020 - 21 in a waste oil heater to heat the City
garage Area. 400 gallons were recycled by Noble Oil. The city maintains 6 pet waste stations at area
parks around the city.
The City also maintains many culverts and the storm drains that are either in storm drainage easements
or within City right of ways. The City has major culverts that are being designed and studied at this time.
The Culverts are located near the intersection of Marshall Street and Travora Street and one on Albright
Street.
The City also checks all storm drains quarterly and after major rainfall events, and once a month during
leaf season, and cleans them as needed. Jet trucks are used to clean storm drain pipes and vacuum
trucks are used to clean inlets when they are found to need maintenance during inspections.
The City of Graham has worked extensively on the wastewater collection system within the Boyd Creek
watershed since 2009. The Boyd Creek watershed is within the impaired Little Alamance Creek
watershed. This work is focused on reducing surface water and waste water interaction. This has
included extensive I/I evaluation, improvements to the Boyd Creek Pump Station, CIPP relining of sewer
outfall lines, manhole rehabilitation and smoke testing. This work is ongoing with the Pump Station and
CIPP lining being funded by the Clean Water State Revolving Funds (CWSRF). The total construction
projects completed to date are $1.2 million with the Boyd Creek Pump Station under construction in fall
2019 for $3.3 Million. By the end of 2020, the City of Graham expects to have spent at least $4.5 million
in collection system improvements within the watershed.
Impaired Waters and Total Maximum Daily Loads (TMDL)
The City of Graham discharges to three impaired waters. The impaired streams are the Haw River, Town
Branch, and Little Alamance Creek. More details about the impaired streams are included below:
• Haw River (16-(1)d3) - A portion of the City discharges to the Haw River where it is impaired for
fecal coliform. The Haw River has been impaired since 1998 for Fecal Coliform but only a small
portion of Graham drains directly to the Haw in this impaired area.
• Town Branch (16-17) – Town Branch is impaired for Fecal Coliform and was originally listed on
the 1998 NC DWQ 303d list and has had a TMDL for Fecal Coliform since August 2002. The TMDL
specifically lists sanitary sewer overflows, failing septic systems, and other primarily point
City of Graham Stormwater Annual Report
2020 – 2021
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source pollutant loads. The City of Graham has spent a substantial amount of time, energy, and
funding to reduce sanitary sewer overflows in the last 10 years including over $800,000 on a
2009 project that rehabilitated over 17,000 lineal feet of sanitary sewer line in Town Branch and
Little Alamance Creek. A potential future project would be to apply for grant funding to fund
rehabilitation of the manholes in the same outfall areas.
• Little Alamance Creek (16-19-11) – Little Alamance Creek is impaired for benthic macro-
invertebrates and has been since 1998. Little Alamance Creek was the subject of a draft TMDL
for Impervious Cover in 2010 that was not adopted; instead a Category 4b plan was written by
the City of Graham and its partners in the watershed, the City of Burlington and NCDOT, and
approved by EPA in January 2015. The Category 4b Plan is written with the goal of achieving
water quality standards, fiscal year 2015-2016 is the first year of implementation. There is a
phased implementation schedule spread out over the next several years. More information is
available on the Little Alamance Creek project website at www.littlealamancecreek.com
Jordan Lake Rules
The City of Graham is within the Jordan Lake Watershed and is subject to the Jordan Lake Nutrient
Strategy. The Jordan Lake Nutrient Strategy is composed of a set of regulatory rules enacted in 2009 that
have since been augmented or replaced by a series of NC General Assembly Session Laws. The following
rules are often referred to as the Jordan Lake Rules.:
15A NCAC 02B .0262 - Purpose and Scope (See #4 below.)
15A NCAC 02B .0263 - Definitions
15A NCAC 02B .0264 - Agriculture
15A NCAC 02B .0265 - Stormwater Management for New Development (See #2, #5 and #6 below.)
15A NCAC 02B .0266 – Stormwater Management for Existing Development (Replaced by #1 below.)

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2020 – 2021
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15A NCAC 02B .0267 – Protection of Existing Riparian Buffers (See #2 below.)
15A NCAC 02B .0268 – Mitigation for Riparian Buffers
15A NCAC 02B .0269 – Riparian Buffer Mitigation Fees to NC EEP
15A NCAC 02B .0270 – Wastewater Discharge Requirements (See #1 and #3 below.)
15A NCAC 02B .0271 – Stormwater Requirements for State and Federal Entities (See #2 below.)
15A NCAC 02B .0272 - Fertilizer Management
15A NCAC 02B .0273 - Options for Offsetting Nutrient Loads
15A NCAC 02B .0311 - Cape Fear River Basin
1. Session Law 2009-216 signed into law June 30, 2009. (Disapproves the Jordan Stormwater
Management for Existing Development Rule and establishes substitute requirements. Also delays the
nitrogen compliance date by two years for existing dischargers under the Wastewater Discharge
Requirements Rule.)
2. Session Law 2009-484 was signed into law Aug. 26, 2009. (Part II revises three Jordan rules, including
Stormwater Management for New Development, Stormwater Requirements for State and Federal
Entities and Protection of Existing Riparian Buffers.)
3. Session Law 2011-394 signed into law July 1, 2011. (Section 14 provides a further, conditional two-
year delay of the nitrogen wastewater compliance date for existing dischargers under the Wastewater
Discharge Requirements Rule.)
4. Session Law 2012-187 signed into law July 16, 2012. (Section 12.1 creates a limitation affecting the
Purpose and Scope Rule to narrow the applicability of certain surface water standards in WS-V waters.)
5. Session Law 2012-200 signed into law Aug. 1, 2012. (Section 11.(c) extends the allowable local
program implementation date of the New Development Stormwater Rule.)
6. Session Law 2012-201 signed into law Aug. 1, 2012. (Section 9.(e) of this law revised the local program
implementation date of the New Development Stormwater Rule by two years. Separate SL 2012-201
contains the same provision).
7. Session Law 2013-395 signed into law Aug. 23, 2013 (SB 515 continues the current Jordan Lake water
quality measures, including 15A NCAC 02B .0267 Protection of Existing Riparian Buffers Rule, but delays
additional measures that were to be implemented July 1, 2013 or later, for three years. The law also
modifies existing Protection of Existing Riparian Buffers Rule to allow some exempt uses, including the
permitted piping of streams by the U.S. Army Corps of Engineers and an expanded definition of "airport
facilities." These changes are required to be adopted by the Environmental Management Commission in
an amended rule. The delayed measures include the Jordan Lake Rules, 15A NCAC 02B .0262 - .0267,
.0270 - .0272, .0311, as well as the Jordan Lake Session Laws.)
8. Session Law 2013-360 Effective July 26th, 2013 In-Lake Water Quality Improvement Demonstration
Project: This lengthy session law has a three- page section (14.3A) that authorizes a 24 -month “Jordan
Lake Water Quality Improvement Demonstration Project” funded by $1.95 million from the Clean Water
Management Trust Fund and the N.C. Department of Environment and Natural Resources (DENR.) The
intent of the project is to improve water quality in the lake by suppressing phytoplankton activity such
that chlorophyll-a, pH and turbidity measurements will meet state water quality standards within the
project areas.
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2020 – 2021
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• The session law required DENR to contract with a third party that can deploy floating arrays of 36 in-
lake, long-distance water circulators. Twenty-four circulators will be placed in the Morgan Creek arm of
the lake and 12 in the Haw River arm.
• The department is required to monitor, evaluate, and report on the performance of the circulators in
reducing the adverse impacts of harmful algal blooms and excessive chlorophyll in the lake by focusing
on nutrient related physical, chemical and biological parameters. DENR shall submit an interim report on
the findings of the demonstration project to the Environmental Review Commission and the Fiscal
Research Division of the General Assembly by October 1, 2015. A final report shall be submitted by April
1, 2016.
Status: The U.S. Army Corps of Engineers’ public comment period for the project’s Environmental
Assessment document ended on April 6, 2014. The Corps issued a Finding of No Significant Impact
(FONSI) on July 10, 2014, and the circulators were deployed on July 21, 2014.
The Environmental Assessment can be found on the Corps’ Jordan Lake website at:
http://www.saw.usace.army.mil/Locations/DistrictLakesandDams/BEverettJordan.aspx
Division monitoring reports and other information for the circulator project are being posted at
http://portal.ncdenr.org/web/wq/jordancirculator
9. Session Law 2014-90 Applies to state stormwater programs. Section 2 adds the following language to
the definition of “development” in G.S. 143-214.7. “..When additional development occurs at a site that
has existing development, the built-upon area of the existing development shall not be included in the
density calculations for additional stormwater control requirements, and stormwater control
requirements cannot be applied retroactively to existing development, unless otherwise required by
federal law. The significance of this session law for the Jordan stormwater rules is being evaluated by
NCDEQ.
10. Session Law 2015-241
Section 14.5(a): Two-year extension of the Jordan Lake In-Lake Water Quality Improvement
Demonstration Project (aka Solar Bees)
Section 14.5(c): Three year delay for New Development Stormwater implementation.
11. Session Law 2015-246
Sections 2(a) & 2(b): Prohibits local governments from voluntarily implementing State rule
Section 13.1.(b): Riparian Buffer Reform
12. HB 1030/Session Law 2016-94 2016 Appropriations Act
Section 14.13:
• Senate version called for review of all the State’s Nutrient Management Strategies, and any
other rules imposing riparian buffer requirement for the purpose of nutrient management. Final
budget limited applicability of Jordan and Falls Lake Rules.
• Terminates SolarBee Project
• Funds a UNC Study of nutrient rules focused on Jordan Lake and Falls Lake Rules, directs EMC to
review and re-adopt those nutrient management rules based on recommendations from the
study.
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2020 – 2021
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• Delayed implementation of Jordan Lake and Falls Lake Rules not currently in effect, no earlier
than March 15, 2019.
• Includes further DEQ study of in-situ technologies to address nutrient-related water quality
problems.
• Excludes areas within Jordan Lake watershed from stormwater requirements.
o States new impervious surface added in the Jordan Lake watershed between July 31,
2013 and December 2020 should not be counted as built-upon area for the purposes of
developing nutrient reduction targets under the Jordan Lake stormwater rules.
• Cross-reference to Chesapeake Bay stormwater measures
o Allows stormwater measures approved to meet the Chesapeake bay TMDL to be used to
meet the Jordan Lake and Falls Lake TMDL’s based on the same nutrient reduction
credit allowed under the Chesapeake Bay Program.

Jordan Lake Background, Rules, and Implementation Schedules
Jordan Lake was impounded in 1983 by damming the Haw River near its confluence with the Deep River.
It was created to provide flood control, water supply, protection of water quality downstream, fish and
wildlife conservation, and recreation.
The lake has had water quality issues from the beginning, with the North Carolina Environmental
Management Commission declaring it as nutrient-sensitive waters (NSW) the same year it was
impounded. Since that time, Jordan Lake has consistently rated as eutrophic or hyper-eutrophic, with
excessive levels of nutrients present. “Eutrophic” is an over-abundance of nutrients in the lake, primarily
nitrogen and phosphorus, which can result in algal blooms and poor water quality. Nutrients make their
way to the lake from sources such as wastewater discharges, rainfall runoff from agriculture and
stormwater runoff from new and existing developed lands throughout the watershed. Excessive nutrient
inputs can drive excessive growth of microscopic algae, which imparts a greenish, murky appearance to
the water, causes taste and odor problems in potable water, and robs the water of oxygen. This can
then stress or kill fish and other aquatic life. Excess nutrients also favor the growth of undesirable algae
that does not support the food chain and can release toxins into the water. While not necessarily
making the lake unfit for fishing, swimming or drinking uses, excessive nutrients can impact these uses
and produce undesirable algae in the lake.
The Jordan Lake Rules are designed to protect and improve water quality in the lake. The rules were
developed over several years through a process that involved extensive meetings, public hearings and
negotiations between residents, environmental groups, local and state government agencies and other
stakeholders in the watershed. Specific issues addressed by the rules include reducing pollution from
wastewater discharges, stormwater runoff from new and existing development, agriculture and fertilizer
application. The Rules continue to be discussed and amended through the NC General Assembly.
City of Graham Stormwater Annual Report
2020 – 2021
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The primary rules that affect local governments (like the City of Graham) are the Stormwater
Management for New Development, Stormwater Management for Existing Development, Protection of
Existing Riparian Buffers, Wastewater Discharge Requirements, Options for Offsetting Nutrients Loads,
Session Law 2009-216, Session Law 2009-484, Session Law 2011-394 and to a lesser extent the Fertilizer
Management Rule. The Protection of Existing Riparian Buffer Rules was implemented in 2011 after the
Stage 1 Existing Development Programs were adopted in 2009 and Waste Water Treatment Plant
compliance with Total Phosphorous limitations by January 1, 2010. The New Development Programs,
Stage 2 Existing Development Program, and Wastewater Treatment Plant Compliance with Total
Nitrogen Limitations have all been delayed several times. The current implementation schedule is cloudy
because of delays that are contingent upon future monitoring results. This establishes the following
compliance timeframes for these rules:
• New Development Programs – Delayed until at least 2020.
• Stage 2 Existing Development Programs – Delayed until at least 2023.
• Wastewater Treatment Total Nitrogen Limits –Enacted with 2016 Permit Renewals.
Additionally, Session Bill 2013-395 created a study to determine if “mechanical circulation” within
Jordan Lake could reduce algal growth within the lake. This study was conducted by NDEQ and Medora
Corporation for $1.44 million and originally included the leasing of 36 Solar Bee Circulators (the study
was expanded in 2014). The Solar Bee’s, similar to the ones in the Graham-Mebane Lake, are a relatively
new technology and the study was extended several years. However, in the spring of 2016, NC DEQ
announced that the Solar Bees had failed and would be removed from the lake. It is unclear how this will
impact future regulation of the Lake.
In January 2014, a Legislative Jordan Lake Committee met and did not recommend any changes to the
Rules. Despite this, additional rules have been implemented since 2014 with regards to Jordan Lake.
In 2016 the North Carolina General Assembly (NCGA) approved legislation directing UNC-Chapel Hill
(UNC) to conduct a multi-year study and analysis of nutrient management strategies and compilation of
existing water quality data specifically in the context of Jordan Lake and Falls Lake (Sections 14.13.(a)
through (c) of Session Law 2016-94 as amended by Sections 13.8.(a) through (e) of Session Law 2018-5).
The legislation outlines two specific provisions that are to be included in the study:
• Review data collected by the Department of Environmental Quality and by other stakeholders from
water sampling in the areas subject to the Jordan Lake or Falls Lake Water Supply Nutrient Strategies
and compare trends in water quality to the implementation of the various elements of each of the
Strategies; and
• Examine the costs and benefits of basin wide nutrient strategies in other states and the impact (or lack
of impact) those strategies have had on water quality.

This Report was released In December of 2019. Considerations for actions are still ongoing.

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2020 – 2021
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Jordan Lake One Water
As water quality and water supply challenges continue to increase from growing populations, there is an
opportunity to reevaluate water resource management within the Jordan Lake Watershed and move
towards a more collaborative, interdisciplinary, and innovative approach. Jordan Lake One Water
(JLOW) is a partnership to facilitate cooperation and integrated water resource management in the
Jordan Lake watershed. The group is comprised of local governments, conservation groups, universities,
water utilities, agriculture, and private industry stakeholders interested in sharing the cost of water
quality and quantity improvements in order to realize watershed-wide social, economic, and
environmental benefits. In 2017, Triangle J Council of Governments (TJCOG) began holding meetings to
discuss One Water management concepts in the Jordan Lake watershed. Interest was so high, among so
many different groups, including elected officials, that a JLOW advisory committee was formed to
develop a work plan and begin moving forward on collaborative planning efforts. The Advisory
Committee, NCDWR, and numerous stakeholders will now be collaborating to develop a recommended
One Water/Integrated Water Management framework for the Jordan Lake watershed as part of the
Jordan Lake Nutrient Management Strategy Rules Readoption opportunity.

One Water is a transformative approach to how we view, value, and manage water. The One Water
approach views all water – from the water resources in our ecosystems to our drinking water,
wastewater, and stormwater – as resources that must be managed holistically and sustainably in order
to secure a bright, prosperous future for our children, our communities, and our country. A One Water
approach can take many different forms, but has some unifying characteristics:

• A mindset that all water has value
• A focus on achieving multiple benefits - economic, environmental, & social
• Approaching decisions with a systems mindset
• Utilizing watershed-scale thinking & action
• Relying heavily on partnerships & inclusion

The City is supportive of the JLOW process and is very interested in alternative compliance strategies for
Jordan Lake. The City has been represented in the JLOW process through there AWCK representatives
Josh Johnson and Phil Ross.

Riparian Buffer Protection Program
The City’s Riparian Buffer Protection Program was implemented in December 2010. The enforcement
mechanism for the Buffer Protection Program is the Jordan Riparian Buffer Protection Ordinance that
was approved by the City of Graham in December 2010. The Buffer Program establishes a protected
buffer along surface waters (primarily perennial and intermittent streams but also ponds and other
surface waters) shown on the USGS Quad maps or the NRCS Soil Survey Maps. The buffer has two
different zones: Zone 1 is the closest 30’ from the top of bank in all directions; Zone 2 is from 30’ to 50’
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2020 – 2021
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from the top of bank in all directions. Zone 1 is to remain undisturbed while Zone 2 is to remain
vegetated.
The Buffer Ordinance is a change of use ordinance; therefore the regulations only apply if new
development or a change in use takes place within the buffer. Changes in use can range from new
development that goes through an approval process to clearing of the buffer for residential or
commercial landscaping but any change of use within the buffer is subject to the buffer ordinance. The
Buffer Ordinance also includes a Table of Uses that breaks down uses within the buffer to Exempt,
Allowable, and Allowable with Mitigation. Any uses not in the Table of Uses are prohibited without a
variance. Uses that fall in the Allowable or Allowable with Mitigation categories must submit a request
to the City for written authorization prior to disturbing the buffer. These uses also must show that there
are no practical alternatives to the requested use. In showing the no practical alternatives, users must
show how they are minimizing the impacts if possible.

The City includes Riparian Buffer Protection Program training with its annual employee training but
generally limits inspections of buffers to complaints about buffer clearing or City Staff reporting of
impacts. The City tracks buffer impacts but tries to handle first time offenders by requiring replacement
of the buffer and education of the offender, rather than fining first time offenders. The City’s buffer
program was revised in 2016 to comply with Session Law 2015-246, all changes are currently
implemented.
New Development Programs
The Jordan Lake New Development Rule, 15A NCAC2B .0265, sets out standards that named
communities are to incorporate into local stormwater programs, and requires the Division of Water
Quality to develop a model local stormwater program for those communities to use to create a New
Development Program that complies with the rule. The Jordan Lake New Development Ordinance is the
legal mechanism that local governments will use to enforce these standards on new development
projects greater than ½ acre in disturbed area (or 1 acre for single family residential).
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2020 – 2021
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Most communities within the Jordan Lake watershed are existing NPDES MS4 Phase II communities that
have existing Phase II Stormwater Post-Construction Ordinances which are centered around 85% TSS
treatment of the 1” storm for developments over 24% impervious and a 1 acre disturbance threshold.
The Jordan Lake New Development Rule is centered on removal of Nitrogen and Phosphorous from
stormwater and a ½ acre disturbance threshold. These two pollutants can be removed with many of the
same processes as TSS but at differing removal rates and with a different calculation to determine the
effectiveness of the treatment processes.
The City of Graham will combine its NPDES Phase II and Jordan Lake New Development Standards into
one comprehensive stormwater ordinance. This will reduce confusion between the two ordinances on
the part of developers, designers, reviewers, staff, and the public by creating one set of standards for
review.
The City created, submitted, and had a full program approved in the summer of 2012. However, the City
chose to delay implementation until a future date (in accordance with legislation from 2012 and 2013).
The City’s 2014 study of the overall Jordan Lake Compliance Strategies may contain recommendations
about early adoption of the Program. In order to gather data for future compliance, the City will begin
requiring new development to complete the Jordan/Falls Nutrient Load Accounting Tool in 2014. The
tool will not be used for regulatory compliance at this time but will be used to educate the City on future
development.
Existing Development Stage 1 Programs
The City of Graham submitted a Stage 1 Adaptive Management Program to reduce existing nutrient
loading to Jordan Lake in 2009. Often referred to as the Stage 1 Existing Development Program, the
Program credits the NPDES Phase II Stormwater Program as the primary steps in the program along with
requiring the City to create a Retrofit Identification Program. The Existing Development Program
requires annual updates but full reporting is only required for the Retrofit Program because of this
annual NPDES Phase II Report.
This retrofit program is intended to provide a framework for identifying retrofit opportunities to reduce
nutrient loading in the Jordan Lake Watershed. The program is intended to identify both structural and
non-structural retrofits that seek to reduce pollution, and nutrients, from being carried downstream by
stormwater runoff. By either controlling stormwater runoff or reducing the pollution in the runoff,
stormwater retrofits reduce downstream pollution in streams, rivers, and lakes. Typical structural
stormwater retrofits are stormwater wetlands, bio-retention basins, water quality ponds, and other
devices found in the NC Division of Water Quality Best Management Practices Manual (NC DWQ BMP
Manual). Non-structural retrofits include but are not limited to fertilizer programs, reducing animal
waste programs, urban forestry programs, and leaking septic tank replacement programs.
The City of Graham will use this program annually in a review of the stormwater program that will
include reviewing the public education program, reviewing the illicit discharge program, and using this
program to have an accurate and up to date list of potential retrofit projects. The City is required to
select a number of projects based on the following chart:
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2020 – 2021
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Table 1: Minimum Number of Existing Development Nutrient Load-Reducing Projects
Population in the Jordan Lake
Watershed
Minimum Number of Existing Development Load Reducing
Activities to be Identified Annually
Less than 15,000 1
15,000-30,000 2
30,000-60,000 3
60,000+ 4
In 2016, the City of Graham first identified two projects to pursue in the future. In 2019 these projects
are still under consideration. These two projects included the selected Old Boyd Creek Lake BMP and
the backup BMP at South Graham Park. Old Boyd Creek Lake is a previously existing lake that had the
dam breached several years ago but the potential exists to recreate a BMP that will treat a significant
drainage area with a large amount of impervious area, has the space for a large structural stormwater
control measure and is undevelopable land.

A future strategy for the City to consider would to fund a full study and construction of Old Boyd Creek
Lake. Funding in the near future, before the 2020 requirement from the Jordan Lake Rules, could
provide for additional grant funding and could make grant funding easier to obtain. Funding of any
BMP’s before legislative requirement represents some risk on the City’s part but in this case would be
within the Little Alamance Creek Watershed and credit would be applicable to both the Jordan Lake

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2020 – 2021
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Watershed and the Little Alamance Creek Watershed. (Future Information on Compliance Strategies for
Jordan Lake will be completed once NC DEQ releases final existing development nutrient loadings.)
Future Existing Development Stage 2 Programs
The City of Graham will probably be required to establish a Stage 2 Adaptive Management Program in
the future. This requirement will be based upon the future testing of the water quality within Jordan
Lake. At this point in time we view this requirement as likely. The Stage 2 Existing Development
Programs will be intended to eventually reduce 8% of Total Nitrogen Loads and 5% Total Phosphorous
Loads from the 2001 Baseline Period along with all TN and TP Loads from the Baseline Period until
adoption of the New Development Program.
NC DWQ, through a contract process that involved the Nutrient Scientific Advisory Board (NSAB),
remodeled the Jordan Lake Watershed previously. The remodeling study, completed by Tetra Tech,
provided nutrient loadings for individual jurisdictions for the baseline period and for the post baseline
period through 2010. These jurisdictional loadings are the first jurisdictional modeled loads that have
been produced for Jordan Lake and will allow for the most accurate estimate (to date) for the retrofits
needed and the costs associated with reaching water quality standards within the lake. These loads have
not been assigned at this point and the exact loading for each community is still unclear.
The Stage 2 Programs will also have additional nutrient reduction measures that credit will be available
for. These nutrient credits were established through another contract from NC DWQ and the NSAB that
established accounting a new crediting program for the following items:
• Remedy Malfunctioning Septic System.
• Remedy Discharging Sand Filters.
• Volume Pond Retrofits.
• Improved Street Sweeping.
• Stream Restoration/Enhancements.
• Diverting Impervious Runoff to Pervious Areas/Impervious Disconnection.
Crediting of these measures will greatly improve the flexibility that affected parties (like Municipalities)
have in achieving the required load reductions. The cost of these load reductions will be substantially
reduced by including these strategies into the overall compliance strategy.
The release of these recent studies will be included in an overall Compliance Strategy Study for the City
of Graham that will be completed after the loading is released. This study will evaluate the feasibility of
all options for the City of Graham, will include trading options, and will include the most comprehensive
and accurate financial assessment of compliance for the City to date.
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2020 – 2021
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Stormwater Funding
The City of Graham had a total stormwater budget of $70,000 for 2020 - 2021.
The City of Graham funds it’s Stormwater Programs through a Stormwater Fee. The City collects a flat
fee of $2/month from utility users within the City Limits. The City uses this fee to pay for its Water
Quality Programs including its NPDES Phase II, Jordan Lake, and Little Alamance Creek Programs.
Historically, the City has also used general fund balance in order to fund capital storm drainage and
stormwater needs.
Stormwater, and Water Quality in particular, is an evolving field of regulation. The City of Graham is
already involved in NPDES Phase II, Biological Integrity within streams, and Nutrient Sensitive Waters.
Within the next decade the City needs to plan for further regulation of these issues as well as several
other outstanding issues. EPA continues to work on two potentially large future items that include a
Numerical Nutrient Criteria for all surface waters and a National Stormwater Rule. The Numerical
Nutrient Criteria is an EPA supported push towards establishing nutrient limits for all surface waters.
Currently in North Carolina, generally only reservoirs have nutrient limits and the limits are based upon
response indicators. The City of Graham’s Little Alamance Creek 4b Plan will be an outline for how to
prepare a comprehensive stormwater program.
Stormwater Program Contacts
Name Position Phone # Email
Aaron Holland Interim City Manager 336-570-6700 [e-mail]
Burke Robertson Public Works Director 336-570-6709 [e-mail]
Justin Snyder City Planner 336-570-6700 [e-mail]
Josh Johnson Stormwater Engineer 336-226-5534 [e-mail]
Phil Ross Stormwater Coordinator 336-226-5534 [e-mail]