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HomeMy WebLinkAboutGooseCreekEA_AppendixAAp p e n d i x A Appendix A Ap p e n d i x A - 1 Su p p o r t i n g D o c u m e n t s Supporting Documents Appendix A-1 IB T C e r t i f i c a t e IBT Certificate North Carolina Division of Water Resources II-1 Charlotte-Mecklenburg Utilities Environmental Management Commission Proposed Increase in Interbasin Transfer Hearing Officer’s Report – February 2002 ENVIRONMENTAL MANAGEMENT COMMISSION Certificate Authorizing the Charlotte-Mecklenburg Utilities to Increase Their Transfer of Water from the Catawba River basin to the Rocky River basin under the Provisions of G.S. 143-215.22I In August 2001, the Charlotte-Mecklenburg Utilities (CMU) petitioned the Environmental Management Commission (EMC) for an increase in interbasin transfer (IBT) from the Catawba River Basin to the Rocky River Basin. CMU requested an increase from the grandfathered IBT of 16.1 million gallons per day (mgd) to 33 mgd (maximum day basis). The proposed IBT is based on additional water withdrawals from Lake Norman and Mountain Island Lake in the source basin (Catawba River Basin). The IBT will increase due to transfer of the water to the receiving basin (Rocky River Basin) via consumptive use in eastern Mecklenburg County and existing discharges at Mallard Creek Wastewater Treatment Plant [WWTP] and Water and Sewer Authority of Cabarrus County’s [WSACC] Rocky River Regional (RRR) WWTP. CMU requested an increase to 33 mgd, will allow CMUD to meet projected water supply demands through the year 2030 in eastern Mecklenburg County.This IBT does not include transfers associated with water or wastewater service provided to the Goose Creek watershed in the Town of Mint Hill in Mecklenburg County. Public hearings on the proposed transfer increase were held in Huntersville on December 11, 2001 pursuant to G.S. 143-215.22I. The EMC considered the petitioner’s request at its regular meeting on March 14, 2002. According to G.S. 143-215.22I (g), the EMC shall issue a transfer certificate only if the benefits of the proposed transfer outweigh the detriments of the proposed transfer, and the detriments have been or will be mitigated to a reasonable degree. The EMC may grant the petition in whole or in part, or deny it, and may require mitigation measures to minimize detrimental effects. In making this determination, the EMC shall specifically consider: 1. The necessity, reasonableness, and beneficial effects of the transfer. 2. Detrimental effects on the source river basin. 2a. The cumulative effect on the source major river basin of any water transfer or consumptive water use. 3. Detrimental effects on the receiving basin. 4. Reasonable alternatives to the proposed transfer. 5. Use of impounded storage. 6. Purposes and water storage allocations in a US Army Corps of Engineers multi- purpose reservoir. 7. Any other facts or circumstances necessary to carry out the law. In addition, the certificate may require a drought management plan. The plan will describe the actions a certificate holder will take to protect the source basin during drought conditions. North Carolina Division of Water Resources II-2 Charlotte-Mecklenburg Utilities Environmental Management Commission Proposed Increase in Interbasin Transfer Hearing Officer’s Report – February 2002 The members of the EMC reviewed and considered the complete record which included the hearing officer’s report, staff recommendations, the applicant’s petition, the Final Environmental Assessment, the public comments relating to the proposed interbasin transfer, and all of the criteria specified above. Based on that record, the Commission makes the following findings of fact. Finding of Fact THE COMMISSION FINDS: (1)Necessity, Reasonableness, and Benefits of the Transfer The proposed transfer will provide water to Mecklenburg County, City of Charlotte, and other communities in the county. The current population served is about 636,000 with a maximum day water use of about 154 million gallons per day (mgd). Projections assume a 2.6 percent annual increase through 2010 decreasing to 1.3 percent by 2030. The projected 2030 serve population is 1,101,000 with a maximum day water use of about 245 mgd. The western boundary of Mecklenburg county includes Lake Norman and Mountain Island Lake which are CMU’s two water sources. CMU’s current combined withdrawal capacity from both lakes is adequate to meet average day demands until about 2020. CMU has requested an increase from the Federal Energy Regulatory Commission (FERC) to increase their Mountain Island Lake withdrawal capacity. The requested increase from 165 mgd to 330 mgd (instantaneous maximum) will meet projected 2030 demands and add pumping flexibility. The transfer of water will benefit the Mecklenburg County region by guaranteeing water to support the economic development and associated population growth that has occurred and projected to occur in this region of the State. Based on the record the Commission finds the transfer is necessary to supply water to the growing communities of this area. Water from the source basin is readily available and within a short distance from the service area. Therefore the transfer is a reasonable allocation to these communities. The transfer will greatly benefit these communities by providing raw water of high quality for residential and industrial purposes. North Carolina Division of Water Resources II-3 Charlotte-Mecklenburg Utilities Environmental Management Commission Proposed Increase in Interbasin Transfer Hearing Officer’s Report – February 2002 (2)Detrimental Effects on the Source Basin In order to assess the direct impacts of the proposed transfer on the source basin, the petitioners utilized Duke Energy’s Hydro-Electric Operations and Planning Model of the Catawba-Wateree Project. The Catawba-Wateree model simulates reservoir operations and withdrawals from Lake James in North Carolina to Lake Wateree in South Carolina (see the following figure the Catawba-Wateree River System). Details of the modeling analysis are included in this report Part V Applicant Supplemental Information. As required under G.S. 143-215.22I(f)(2), local water supply plans were considered in developing the model. In addition, industrial and agricultural withdrawals were model inputs. Model runs were evaluated for present conditions, 2030 CMU water demands, and cumulative 2030 water demands. North Carolina Division of Water Resources II-4 Charlotte-Mecklenburg Utilities Environmental Management Commission Proposed Increase in Interbasin Transfer Hearing Officer’s Report – February 2002 As seen in the following table, a summary of daily releases from Lake Wylie, the transfer will have minimal impact on low flows. Similarly the model results show minimal impacts to both lake levels and hydropower generation. Percent of Time that Daily Flow Releases from Lake Wylie Would Equal or Exceed Selected Average Daily Flow Thresholds During the Entire Year 400 cfs 500 cfs 700 cfs 1,000 cfs 1,250 cfs 1,500 cfs 2,00 cfs Average Year Existing 2000 100% 100% 97% 87% 82% 82% 79% CMU 2030 100%100%96%87%82%82%78% Cumulative 2030 100%100%96%87%82%82%79% Dry Year Existing 2000 100%95%88%81%76%73%61% CMU 2030 100%95%88%81%76%72%60% Cumulative 2030 100%95%88%81%75%70%59% Drought Year Existing 2000 100%85%82%70%52%39%29% CMU 2030 100%84%82%62%44%35%28% Cumulative 2030 100%84%79%55%41%32%26% Based on the modeling results the Commission finds that the detrimental effects on the source basin described in G.S. §143-215.22I(f)(2) will be insignificant. (2a)Cumulative effect on Source Basin of any transfers or consumptive water use projected in local water supply plans Local water supply plan data, including current and projected water use and water transfers, were used to develop the input data sets for the model discussed in Finding Number 2. The model was used to evaluate current and future scenarios of basin water use. The safe yield of the reservoir system has not been determined. Duke Power does not have a policy on reallocation of power pool storage to water supply, for example unlike the Corps of Engineers. However, based on two 2030 model scenarios and current drought operations, the safe yield is at least as large or larger than the cumulative 2030 scenario of 624 mgd. Based on the modeling discussed in Finding No. 2, the Commission finds the cumulative effects of this and other future water transfers or consumptive uses as described in G.S. §143-215.22I(f)(2a) will be insignificant. North Carolina Division of Water Resources II-5 Charlotte-Mecklenburg Utilities Environmental Management Commission Proposed Increase in Interbasin Transfer Hearing Officer’s Report – February 2002 (3)Detrimental Effects on the Receiving Basin The proposed transfer will utilize existing permitted wastewater discharges to the Rocky River basins; therefore no additional permitted capacities will be required. Previous studies for the existing plant indicated no significant direct water quality or wastewater assimilation on the receiving stream. Additional growth and development in the receiving basin may impact water quality, stormwater runoff, frequency and intensity of flooding, and land use. The Goose Creek watershed in Mecklenburg County was removed from the area to be served by this transfer certificate until the impacts of additional urban growth on Federally listed endangered mussel specifies are fully evaluated. Based on the record the Commission finds the transfer will support continued population growth and the attendant impacts of that growth. These impacts include effects on wastewater assimilation, fish and wildlife habitat, and water quality. However, these impacts will be minimal. Reasonable mitigation includes: 1. Require the County to evaluate the feasibility of each element of the Surface Water Improvement and Management Program (SWIM) on an annual basis. 2. Require the County and the Town of Mint Hill to consider the conclusions of Wildlife Resources Commission’s Goose Creek watershed study when complete. 3. Require Mecklenburg County and the City of Charlotte to continue the stakeholder process to investigate water quantity control from single-family development and water quality control for all development. 4. The Goose Creek subbasin in Mecklenburg County is removed from the area to be served by the IBT. A moratorium on the installation of new IBT water lines into Goose Creek subbasin is in effect until the impacts of additional growth urban growth on the endangered specifies are fully evaluated. North Carolina Division of Water Resources II-6 Charlotte-Mecklenburg Utilities Environmental Management Commission Proposed Increase in Interbasin Transfer Hearing Officer’s Report – February 2002 (4)Alternatives to Proposed Transfer The petitioners evaluated three alternatives to the proposed transfer. The alternatives considered included: 1. No Action – Growth would be served by individual wells and septic tanks. The region is already experiencing water quality problems related septic tanks and package sewage plants. Also, a number of individual wells in this region have both low yields and poor water quality. 2. Obtain Water from the Rocky River – New reservoir project. Development of new impoundments for water supply in rapidly developing urban area face significant regulatory requirements and considerable public controversy. 3. Return wastewater discharge to the Catawba – Return wastewater to the McAlpine WWTP. Returning water to the Catawba would increase McApline’s discharge by 17 mgd. SC DHEC considers the McAlpine plant to be a significant contributor to phosphorus in the Catawba basin already at it’s current discharge level. 4. Proposed Action. The proposed action of using the Mallard Creek WTTP and the Rocky Regional WTTP increases the existing discharge of 8 mgd to 18 mgd by 2030 into the Rocky River. Based on the information provided in the EA and the petition, the Commission finds that the proposed alternative is the most feasible means of meeting the petitioners’ long-term water supply needs while minimizing overall impacts and cost. (5)Impoundment Storage This criterion is not applicable, as the petitioners do not have an impoundment. (6)The water to be withdrawn or transferred is stored in a multipurpose reservoir constructed by the United States Army Corps of Engineers This criterion is not applicable, as the petitioners are using storage in Duke Power reservoirs. (7)Other Considerations The Commission finds that to protect the source basin during drought conditions, to mitigate the future need for allocations of the limited resources of this basin, and as authorized by G.S. § 143-215.22I(h), a drought management plan is appropriate. The plan should describe the actions that the Charlotte-Mecklenburg Utilities will take to protect the Catawba River Basin during drought conditions. The Commission notes that future developments may prove the projections and predictions in the EIS to be incorrect and new information may become available that shows that there are substantial environmental impacts associated with this transfer. Therefore, to protect water quality and availability and associated benefits, modification of the terms and conditions of the certificate may be necessary at a later date. Fi g u r e s Location Maps Figures NC D E N R S i t e S p e c i f i c Wa t e r Q u a l i t y M g m t . P l a n Goose Creek Watershed Quality Management Plan for NC DENR Site Specific Water STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES Site Specific Water Quality Management Plan for the Goose Creek Watershed Environmental Management Commission - Raleigh, North Carolina Last Amended: February 1, 2009 http://h2o.enr.state.nc.us/csu/GooseCreek.html Reprint from North Carolina Administrative Code: 15A NCAC 2B .0600-.0609 Yadkin Pee-Dee River Basin ENR – ENVIRONMENTAL MANAGEMENT T15A: 02B .0600 NORTH CAROLINA ADMINISTRATIVE CODE Eff. January 1, 2009 Page 1 SECTION .0600 - WATER QUALITY MANAGEMENT PLANS 15A NCAC 02B .0601 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): PURPOSE The Goose Creek watershed in the Yadkin Pee-Dee River Basin provides habitat for an aquatic animal species that is listed as federally endangered by the U.S. Fish and Wildlife Service under the provisions of the Endangered Species Act, 16 U.S.C. 1531-1544. Maintenance and recovery of the water quality conditions required to sustain and recover the federally-listed endangered species thereby protects the biological integrity of the waters. The Goose Creek watershed, which includes Goose Creek (Index # 13-17-18), Stevens Creek (Index # 13-17-18-1), Paddle Branch (Index # 13-17-18-2), Duck Creek (Index # 13-17-18-3) and all tributaries, shall be protected by the site-specific management strategy described in Rules .0601 through .0609 of this Section. The purpose of the actions required by this site-specific management strategy is for the maintenance and recovery of the water quality conditions required to sustain and recover the federally endangered Carolina heelsplitter (Lasmigona decorata) species. Management of the streamside zones to stabilize streambanks and prevent sedimentation are critical measures to restore water quality to sustain and enable recovery of the federally endangered Carolina heelsplitter. Site-specific management strategies shall be implemented to: (1) control stormwater for projects disturbing one acre or more of land as described in Rule .0602, (2) control wastewater discharges as described in Rule .0603, (3) control toxicity to streams supporting the Carolina heelsplitter as described in Rule .0604, and (4) maintain riparian buffers as described in Rules .0605 through .0609. History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); 143-215.8A; Eff. January 1, 2009. ENR – ENVIRONMENTAL MANAGEMENT ____ T15A: 02B .0600 NORTH CAROLINA ADMINISTRATIVE CODE Eff. February 1, 2009 Page 2 15A NCAC 02B .0602 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): STORMWATER CONTROL REQUIREMENTS (a) Any new development activity that disturbs one acre or more of land within the Goose Creek watershed and will result in addition of impervious surface shall control and treat the difference in the stormwater runoff from the predevelopment and post-development conditions for the one-year, 24-hour storm, with structural stormwater controls, with the exception of NC Department of Transportation and NC Turnpike Authority activities that shall be regulated in accordance with provisions of that agency's NPDES Stormwater Permit. Development and redevelopment shall implement stormwater management measures that promote infiltration of flows and groundwater recharge for the purpose of maintaining stream base flow or the delegated local government shall maintain a written explanation when it is not practical to use infiltration methods. (b) Structural stormwater controls shall meet the following requirements: (1) Remove an 85 percent average annual amount of Total Suspended Solids; (2) Draw down the treatment volume no faster than 48 hours, but no slower than 120 hours, for detention ponds; (3) Discharge the storage volume at a rate equal or less than the pre-development discharge rate for the one-year, 24- hour storm; and (4) Meet Design of Stormwater Management Measures set forth in 15A NCAC 02H .1008. (c) Local governments may submit a written request to the Commission for authority to implement and enforce the state's stormwater protection requirements of G.S. 143-214.7 and S.L. 2006-246 within their jurisdiction. The written request shall be accompanied by information that shows: (1) The local government has land use jurisdiction for the riparian buffer demonstrated by delineating the local land use jurisdictional boundary on USGS 1:24,000 topographical map(s) or other finer scale map(s); (2) The local government has the administrative organization, staff, legal authority, financial and other resources necessary to implement and enforce the state's stormwater requirements based on its size and projected amount of development; (3) The local government has adopted ordinances, resolutions, or regulations necessary to establish and maintain the state's stormwater requirements; and (4) The local government has provided a plan to address violations with civil or criminal remedies and actions as well as remedies that shall restore buffer functions on violation sites and provide a deterrent against the occurrence of future violations. (d) Within 90 days after the Commission has received the request for delegation, the Commission shall notify the local government based on standards as set out in Paragraph (c) of this Rule whether it has been approved, approved with modifications, or denied. (e) The Commission, upon determination that a delegated local authority is failing to implement or enforce the requirements in keeping with a delegation, shall notify the delegated local authority in writing of the local program's inadequacies. If the delegated local authority has not corrected the deficiencies within 90 days of receipt of the written notification, then the Commission shall rescind the delegation of authority to the local government and shall implement and enforce the state's stormwater requirements. (f) Limits of delegated local authority are as follows: The Commission shall have jurisdiction to the exclusion of local governments to implement the state's stormwater protection requirements for the following types of activities: (1) Activities undertaken by the State; (2) Activities undertaken by the United States; (3) Activities undertaken by multiple jurisdictions; and (4) Activities undertaken by local units of government. (g) Recordkeeping requirements are as follows: Delegated local authorities shall maintain on-site records for a minimum of five years. Delegated local authorities must furnish a copy of these records to the Director within 30 days of receipt of a written request for the records. The Division of Water Quality shall inspect local stormwater programs to ensure that the programs are being implemented and enforced in keeping with an approved delegation. History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); 143-215.8A;143-214.7, S.L. 2006-246; Eff. February 1, 2009. ENR – ENVIRONMENTAL MANAGEMENT T15A: 02B .0600 NORTH CAROLINA ADMINISTRATIVE CODE Eff. January 1, 2009 Page 3 15A NCAC 02B .0603 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): WASTEWATER CONTROL REQUIREMENTS No new National Pollution Discharge Elimination System "NPDES" wastewater discharges or expansions to existing discharges shall be permitted. History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); 143-215.8A; Eff. January 1, 2009. ENR – ENVIRONMENTAL MANAGEMENT ____ T15A: 02B .0600 NORTH CAROLINA ADMINISTRATIVE CODE Eff. February 1, 2009 Page 4 15A NCAC 02B .0604 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): CONTROL TOXICITY INCLUDING AMMONIA No activity that results in direct or indirect discharge is allowed if it causes toxicity to the Carolina heelsplitter (Lasmigona decorata) endangered mussel. For any direct or indirect discharge that may cause ammonia toxicity to the Carolina heelsplitter freshwater mussel, action shall be taken to reduce ammonia (NH3-N) inputs to achieve 0.5 milligrams per liter or less of total ammonia based on chronic toxicity defined in 15A NCAC 02B .0202. This level of total ammonia is based on ambient water temperature equal to or greater than 25 degrees Celsius. History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); 143-215.8A; Eff. February 1, 2009. ENR – ENVIRONMENTAL MANAGEMENT T15A: 02B .0600 NORTH CAROLINA ADMINISTRATIVE CODE Eff. January 1, 2009 Page 5 15A NCAC 02B .0605 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): RIPARIAN BUFFER WIDTHS In this watershed, undisturbed riparian buffers are required within 200 feet of waterbodies within the 100-Year Floodplain and within 100 feet of waterbodies that are not within the 100-Year Floodplain. The 100-Year Floodplain is the one percent Annual Chance Floodplain as delineated by the North Carolina Floodplain Mapping Program in the Division of Emergency Management. Within the buffer areas that are regulated by this Rule, redevelopment is allowed for residential structures and redevelopment of non-residential structures is allowed provided that less than an additional half acre is disturbed during the redevelopment activity for non-residential structures. Redevelopment is defined in 15A NCAC 02H .1002(14). Exceptions to undisturbed forested riparian buffer requirements are set forth in Rule .0607 of this Section. Activities shall require stormwater control as required by Rule .0602 of this Section. History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); 143-215.8A; Eff. January 1, 2009. ENR – ENVIRONMENTAL MANAGEMENT __ __ T15A: 02B .0600 NORTH CAROLINA ADMINISTRATIVE CODE Eff. February 1, 2009 Page 6 15A NCAC 02B .0606 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): VARIANCE FOR ACTIVITIES WITHIN RIPARIAN BUFFERS Persons who wish to undertake uses designated as prohibited within the protected riparian buffer area may pursue a variance. Persons who wish to undertake forest harvesting beyond the requirements set forth in 15A NCAC 02B .0608 may pursue a variance. The variance request procedure shall be as follows: (1) For any variance request, the Division of Water Quality shall make a finding of fact as to whether the following requirements have been met: (a) There are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of the riparian buffer protection requirements. Practical difficulties or unnecessary hardships shall be evaluated in accordance with the following: (i) If the applicant complies with the provisions of the buffer requirements, he/she can secure no reasonable return from, nor make reasonable use of, his/her property. Merely proving that the variance would permit a greater profit from the property is not adequate justification for a variance. Moreover, the Division of Water Quality shall consider whether the variance is the minimum possible deviation from the terms of the buffer requirements that will make reasonable use of the property possible. (ii) The hardship results from application of the buffer requirements to the property rather than from other factors such as deed restrictions or other hardship. (iii) The hardship is due to the physical nature of the applicant's property and is unique to the applicant's property, such as its size, shape, or topography, such that compliance with provision of this Rule would not allow reasonable use of the property. (iv) The applicant did not cause the hardship by knowingly or unknowingly violating the buffer requirements. (v) The applicant did not purchase the property after the effective date of this Rule, and then request a variance. (b) The variance is in harmony with the general purpose and intent of the State's riparian buffer protection requirements and preserves its spirit; and (c) In granting the variance, the public safety and welfare have been assured, water quality has been protected, and substantial justice has been done. (2) A variance request pertains to any activity that is proposed to impact any portion of the riparian buffer. If the Division of Water Quality has determined that a major variance request meets the requirements in Item (1) of this Rule, then it shall prepare a preliminary finding and submit it to the Environmental Management Commission. Preliminary findings on variance requests shall be reviewed by the Commission within 90 days after receipt by the Director. Requests for appeals of determinations that the requirements of Item (1) of this Rule have not been met shall be made to the Office of Administrative Hearings for determinations made by the Division of Water Quality or the appropriate Board of Adjustments under G.S. 160A-388 or G.S. 153A-345 for determinations made by the delegated local authority. The purpose of the Commission's review is to determine if it agrees that the requirements in Item (1) of this Rule have been met. Requests for appeals of decisions made by the Commission shall be made to the Office of Administrative Hearings. The following actions shall be taken depending on the Commission's decision on the major variance request: (a) Upon the Commission's approval, the Division of Water Quality shall issue a final decision granting the variance. (b) Upon the Commission's approval with conditions or stipulations, the Division of Water Quality shall issue a final decision, which includes these conditions or stipulations. (c) Upon the Commission's denial, the Division of Water Quality shall issue a final decision denying the variance. History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); 143-215.8A; Eff. February 1, 2009. ENR – ENVIRONMENTAL MANAGEMENT ____ T15A: 02B .0600 NORTH CAROLINA ADMINISTRATIVE CODE Eff. February 1, 2009 Page 7 15A NCAC 02B .0607 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): BUFFER TYPES AND MANAGING ACTIVITIES WITHIN RIPARIAN BUFFERS (a) RIPARIAN BUFFER. The protected riparian buffer shall consist of an area that is undisturbed except for uses provided for in the table in this Rule. A waterbody shall be considered to be present if the feature is shown as described in the applicability paragraph of 15A NCAC 02B .0233 (3) and 02B .0233(3)(a)(i)-(iii). The location of the riparian buffer shall be as follows: (1) For streams, the riparian buffer shall begin at the most landward limit of the top of bank or the rooted herbaceous vegetation and extend landward on all sides of the surface water, measured horizontally on a line perpendicular to the surface water. (2) For ponds, lakes and reservoirs located within a natural drainage way, the riparian buffer shall begin at the most landward limit of the normal water level or the rooted herbaceous vegetation and extend landward, measured horizontally on a line perpendicular to the surface water. (b) EXEMPTION WHEN USES ARE PRESENT AND ONGOING. The buffer requirements in this Rule do not apply to portions of the riparian buffer where a use is existing and ongoing. Only the portion of the riparian buffer that contains the footprint of the existing and ongoing use is exempt. The determination of whether a use is existing and ongoing shall be made by the Division of Water Quality. A use is existing and ongoing when it is a completed and maintained activity, an activity with appropriate valid permits, or an activity with documentation for unexpired vested rights, as described below: (1) A use that was present within the riparian buffer as of the effective date of this Rule and has continued since that time. Existing uses shall include agriculture, buildings, industrial facilities, commercial areas, transportation facilities, maintained lawns, utility lines and on-site sanitary sewage systems. Change of ownership through purchase or inheritance is not a change of use. Activities necessary to maintain uses are allowed provided that the site remains similarly vegetated, no impervious surface is added within the buffer area where it did not exist as of the effective date of this Rule and existing diffuse flow is maintained. (2) A use that can be documented to the Division of Water Quality that meets at least one of the following criteria: (A) Project requires a 401 Certification/404 Permit, issued prior to the effective date of this Rule and are still valid; (B) Project requires a state permit, such as a landfill, NPDES wastewater discharge, land application residuals and road construction activities, and has begun construction or is under contract to begin construction and has received all required state permits prior to the effective date of this Rule; (C) Project is being reviewed through the Clean Water Act Section 404/National Environmental Policy Act Merger 01 Process or Safe Accountable Flexible Efficient Transportation Equity Act; a Legacy for Users (published by the US Army Corps of Engineers and Federal Highway Administration, 2003) or its immediate successor and that have reached agreement with Department of Environment and Natural Resources on avoidance and minimization by the effective date of this Rule; or (D) Project is not required to be reviewed by the Clean Water Act Section 404/National Environmental Policy Act Merger 01 Process or Safe Accountable Flexible Efficient Transportation Equity Act; a Legacy for Users (published by the US Army Corps of Engineers and Federal Highway Administration, 2003) or its immediate successor if a Finding of No Significant Impact has been issued for the project and the project has the written approval of the Division of Water Quality prior to the effective date of this Rule. (3) At the time an existing use is changed to another use, the buffer requirement of this Rule shall apply. Change of use includes the following: (A) To add impervious surface within the riparian buffer; (B) An agricultural operation within the riparian buffer is converted to a non-agricultural; or (C) a lawn within the riparian buffer ceases to be maintained. (c) DIFFUSE FLOW REQUIREMENT. Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow and reestablishing vegetation, as follows: (1) Concentrated runoff from new ditches or manmade conveyances shall be converted to diffuse flow before the runoff enters the riparian buffer; and (2) Periodic corrective action to restore diffuse flow shall be taken if necessary to impede the formation of erosion gullies. (d) REQUIREMENTS FOR CATEGORIES OF USES AND MITIGATION. Uses designated as exempt, potentially allowable, and prohibited location in the chart of uses in this Rule shall have the following requirements: (1) EXEMPT. Uses designated as exempt are allowed within the riparian buffer. Exempt uses shall be designed, constructed and maintained to minimize soil disturbance and to provide the maximum water quality protection practicable. In addition, exempt uses shall meet requirements listed in the table of this Rule for the specific use. (2) POTENTIALLY ALLOWABLE. Uses designated as potentially allowable may proceed within the riparian buffer provided that there are no practical alternatives to the requested use pursuant to this Rule. These uses require written authorization from the Division of Water Quality. Some of these uses require mitigation, as indicated in the chart in this Rule. ENR – ENVIRONMENTAL MANAGEMENT ____ T15A: 02B .0600 NORTH CAROLINA ADMINISTRATIVE CODE Eff. February 1, 2009 Page 8 (3) PROHIBITED. Uses designated as prohibited or not included in this table may not proceed within the riparian buffer unless a variance is granted pursuant to Rule .0606. Site-specific mitigation may be required as one condition of a variance approval. (4) MITIGATION. Persons who wish to undertake uses designated as allowable with mitigation shall obtain approval for a mitigation proposal pursuant to 15A NCAC 02B .0609. (e) DETERMINATION OF "NO PRACTICAL ALTERNATIVES." Persons who wish to undertake uses designated as potentially allowable shall submit a request for a "no practical alternatives" determination to the Division of Water Quality. The applicant shall certify that the criteria identified in Subparagraph (e)(1) of this Rule are met. The Division shall grant an Authorization Certificate upon a "no practical alternatives" determination. The procedure for making an Authorization Certificate shall be as follows: (1) For any request for an Authorization Certificate, the Division shall review the entire project and make a finding of fact as to whether the following requirements have been met in support of a "no practical alternatives" determination: (A) The basic project purpose cannot be practically accomplished in a manner that would better minimize disturbance, preserve aquatic life and habitat, and protect water quality. (B) The use cannot practically be reduced in size or density, reconfigured or redesigned to better minimize disturbance, preserve aquatic life and habitat, and protect water quality. (C) Plans for practices shall be used if necessary to minimize disturbance, preserve aquatic life and habitat, and protect water quality. (D) The Division of Water Quality must consider the impacts that may affect conditions required to sustain and recover the federally endangered Carolin heelsplitter (Lasmigona decorata). (2) Requests for an Authorization Certificate shall be either approved or denied within 60 days of receipt of a complete submission based on the criteria in Subparagraph (e)(1) of this Rule by the Division. Failure to issue an approval or denial within 60 days shall constitute that the applicant has demonstrated "no practical alternatives." The Division of Water Quality may attach conditions to the Authorization Certificate that support the purpose, spirit and intent of the riparian buffer protection program. Complete submissions shall include the following: (A) The name, address and phone number of the applicant; (B) The nature of the activity to be conducted by the applicant; (C) The location of the activity, including the jurisdiction; (D) A map of sufficient detail to accurately delineate the boundaries of the land to be utilized in carrying out the activity, the location and dimensions of any disturbance in riparian buffers associated with the activity, and the extent of riparian buffers on the land; (E) An explanation of why this plan for the activity cannot be practically accomplished, reduced or reconfigured to better minimize disturbance to the riparian buffer, preserve aquatic life and habitat and protect water quality; and (F) Plans for any practices proposed to be used to control the impacts associated with the activity. (3) Any disputes over determinations regarding Authorization Certificates shall be referred to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. (f) DELEGATION OF AUTHORITY FOR THE PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS. The Commission shall grant and rescind local government delegation of the Riparian Buffer Protection requirements according to the following procedures: (1) Local governments within the Goose Creek Watershed may submit a written request to the Commission for authority to implement and enforce the State's riparian buffer protection requirements within their jurisdiction. The written request shall be accompanied by information that shows: (A) The local government has land use jurisdiction for the riparian buffer demonstrated by delineating the local land use jurisdictional boundary on USGS 1:24,000 topographical map(s) or other finer scale map(s); (B) The local government has the administrative organization, staff, legal authority, financial and other resources necessary to implement and enforce the State's riparian buffer protection requirements based on its size and projected amount of development; (C) The local government has adopted ordinances, resolutions, or regulations necessary to establish and maintain the State's riparian buffer protection requirements; and (D) The local government has provided a plan to address violations with civil or criminal remedies and actions as well as remedies that shall restore buffer functions on violation sites and provide a deterrent against the occurrence of future violations. (2) Within 90 days after the Commission has received the request for delegation, the Commission shall approve the request if the local government has complied with all of Subparagraph (f)(1) of this Rule and notify the local government whether it has been approved, approved with modifications, or denied. (3) The Commission, upon determination that a delegated local authority is failing to implement or enforce the riparian buffer protection requirements in keeping with an approved delegation, shall notify the delegated local authority in writing of the local program's inadequacies. If the delegated local authority has not corrected the deficiencies within 90 days of receipt of the written notification, then the Commission shall rescind the delegation of authority to the local government and shall implement and enforce the State's riparian buffer protection requirements. ENR – ENVIRONMENTAL MANAGEMENT ____ T15A: 02B .0600 NORTH CAROLINA ADMINISTRATIVE CODE Eff. February 1, 2009 Page 9 (g) APPOINTMENT OF A RIPARIAN BUFFER PROTECTION ADMINISTRATOR. Upon receiving delegation, local governments shall appoint a Riparian Buffer Protection Administrator who shall coordinate the implementation and enforcement of the program. The Administrator shall attend an initial training session by the Division of Water Quality and subsequent annual training sessions. The Administrator shall ensure that local government staffs working directly with the program receive training to understand, implement and enforce the program. (h) PROCEDURES FOR USES WITHIN RIPARIAN BUFFERS THAT ARE ALLOWABLE AND ALLOWABLE WITH MITIGATION. (1) Upon receiving delegation, local authorities shall review proposed uses within the riparian buffer and issue approvals if the uses meet the riparian buffer protection requirements. (2) Delegated local authorities shall issue an Authorization Certificate for uses if the proposed use meets the requirements including provisions for mitigation set forth in Rule .0609. (3) The Division of Water Quality may challenge a decision made by a delegated local authority for a period of 30 days after the Authorization Certificate is issued. If the Division of Water Quality does not challenge an Authorization Certificate within 30 days of issuance, then the delegated local authority's decision shall stand. (i) VARIANCES. After receiving delegation, local governments shall review variance requests and make recommendations to the Commission for approval. (j) LIMITS OF DELEGATED LOCAL AUTHORITY. The Commission has jurisdiction to the exclusion of local governments to implement the requirements of this Rule for the following types of activities: (1) Activities undertaken by the State; (2) Activities undertaken by the United States; (3) Activities undertaken by multiple jurisdictions; and (4) Activities undertaken by local units of government. (k) RECORD-KEEPING REQUIREMENTS. Delegated local authorities shall maintain on-site records for a minimum of five years. Delegated local authorities must furnish a copy of these records to the Director within 30 days of receipt of a written request for the records. The Division of the Water Quality shall inspect local riparian buffer protection programs to ensure that the programs are being implemented and enforced. Each delegated local authority's records shall include the following: (1) A copy of variance requests; (2) The variance request's finding of fact; (3) The result of the variance proceedings; (4) A record of complaints and action taken as a result of the complaint; (5) Records for stream origin calls and stream ratings; and (6) Copies of request for authorization, records approving authorization and Authorization Certificates. (l) Riparian buffers along surface waters in this watershed shall be maintained. Some uses within riparian buffers are exempt and some uses are potentially allowable. Any exempt or potentially allowed use shall require stormwater control as outlined in Rule .0602 if the one acre threshold is met. The following chart sets out the uses and their designation under this Rule as exempt, potentially allowable requiring DWQ approval or potentially allowable requiring both DWQ approval and mitigation, or prohibited as described above. The United States Environmental Protection Agency Endangered Species Protection Program at www.epa.gov/espp and NC Pesticide Board regulates pesticide application (see rules at 02 NCAC 09L .2201 through .2203). Exempt Potentially allowable requiring DWQ approval or Potentially allowable requiring both DWQ approval and mitigation* Note: the asterisk (X*) identifies those uses that require both DWQ approval and mitigation. Prohibited Airport facilities that impact equal to or less than 150 linear feet or one-third of an acre of riparian buffer Airport facilities that impact greater than 150 linear feet or one- third of an acre of riparian buffer X X* Archaeological activities X Bridges X Dam maintenance activities X Drainage ditches, roadside ditches and stormwater outfalls ENR – ENVIRONMENTAL MANAGEMENT ____ T15A: 02B .0600 NORTH CAROLINA ADMINISTRATIVE CODE Eff. February 1, 2009 Page 10 through riparian buffers: • Existing drainage ditches, roadside ditches, and stormwater outfalls provided that they are managed to minimize the sediment, nutrients including ammonia and other pollution that convey to waterbodies • New drainage ditches, roadside ditches and stormwater outfalls provided that a stormwater management facility is installed to minimize the sediment, nutrients including ammonia and other pollution and attenuate flow before the conveyance discharges through the riparian buffer • New drainage ditches, roadside ditches and stormwater outfalls that do not minimize the sediment, nutrients including ammonia and other pollution and attenuate flow before discharging through the riparian buffer • Excavation of the streambed in order to bring it to the same elevation as the invert of a ditch X X X X Drainage of a pond in a natural drainage way provided that a new riparian buffer that meets the diffuse flow requirements of this Rule is established adjacent to the new channel X Driveway crossings of streams and other surface waters subject to this Rule: • Driveway crossings on single family residential lots that disturb equal to or less than 25 linear feet in width and are perpendicular 3 • Driveway crossings on single family residential lots that disturb greater than 25 linear feet in width and are perpendicular3 • In a subdivision that cumulatively disturbs equal to or less than 150 linear feet in width and are perpendicular • In a subdivision that cumulatively disturbs greater than 150 linear feet in width and are perpendicular X X X X* Fences provided that disturbance is minimized and installation does not result in removal of forest vegetation X Forest harvesting – see Rule .0608 Fertilizer application: • One-time fertilizer application at agronomic rates to establish replanted vegetation • Ongoing fertilizer application X X Greenway/hiking trails X Historic preservation X Landfills as defined by G.S. 130A-290 X Mining activities: • Mining activities that are covered by the Mining Act provided that new riparian buffers that meet the diffuse flow requirements of this Rule are established adjacent to the relocated channels • Mining activities that are not covered by the Mining Act OR where new riparian buffers that meet the diffuse flow requirements of this Rule are not established adjacent to the relocated channels • Wastewater or mining dewatering wells with approved NPDES permit X X* X Non-electric utility lines with impacts other than perpendicular crossings3 ENR – ENVIRONMENTAL MANAGEMENT ____ T15A: 02B .0600 NORTH CAROLINA ADMINISTRATIVE CODE Eff. February 1, 2009 Page 11 • If activity is within 50 feet of the stream • If activity is outside of the inner 50 feet nearest the stream • Wastewater collection system utility lines and lift station lines may impact the riparian zone if both gravity and force main collections systems are made of ductile iron and 50% of the collection system is cleaned annually. • Lift Stations require Supervisory Control and Data Acquisition System (SCADA), telemetry, audio and visual alarms, signage with emergency contact, daily visitation (365 days/year), and documentation must be maintained for 3 years of all of the above and available upon request [note: this requirement also applies to collection system perpendicular crossings, detailed below.] X* X X* X* Non-electric utility line perpendicular crossing of streams and other surface waters subject to this Rule that are not collection systems3: • Perpendicular crossings that disturb equal to or less than 40 linear feet of riparian buffer with a maintenance corridor equal to or less than 10 feet in width • Perpendicular crossings that disturb equal to or less than 40 linear feet of riparian buffer with a maintenance corridor greater than 10 feet in width • Perpendicular crossings that disturb greater than 40 linear feet but equal to or less than 150 linear feet of riparian buffer with a maintenance corridor equal to or less than 10 feet in width • Perpendicular crossings that disturb greater than 40 linear feet but equal to or less than 150 linear feet of riparian buffer with a maintenance corridor greater than 10 feet in width • Perpendicular crossings that disturb greater than 150 linear feet of riparian buffer Non-electric perpendicular utility line crossings that are collections systems as defined in Rule 15A NCAC 02T .0300 (note: must follow constraints listed under wastewater collection system utility lines and lift stations, above): • That use any of the following installation methods to minimize the sediment, nutrient and other pollution through the riparian buffer: underground directional boring methods, bore-and-jack techniques or another appropriate microtunnelling method. • That does not minimize the sediment, nutrient and other pollution through the riparian buffer by the most appropriate exempt method. X X X X* X* X X On-site sanitary sewage systems - new ones that use ground absorption X Overhead electric utility lines1,2,3: • Stream crossings that disturb equal to or less than 150 linear feet of riparian buffer • Stream crossings that disturb greater than 150 linear feet of riparian buffer X X* Periodic maintenance of modified natural streams such as canals and a grassed travelway on one side of the surface water when alternative forms of maintenance access are not practical. X ENR – ENVIRONMENTAL MANAGEMENT ____ T15A: 02B .0600 NORTH CAROLINA ADMINISTRATIVE CODE Eff. February 1, 2009 Page 12 Playground equipment: • Playground equipment on single family lots provided that installation and use does not result in removal of vegetation • Playground equipment installed on lands other than single-family lots or that requires removal of vegetation X X Ponds in natural drainage ways, excluding dry ponds: • New ponds provided that a riparian buffer that meets the diffuse flow requirements of this Rule is established adjacent to the pond • New ponds where a riparian buffer that meets the diffuse flow requirements of this Rule is NOT established adjacent to the pond X X Protection of existing structures, facilities and streambanks when this requires additional disturbance of the riparian buffer or the stream channel X Railroad impacts other than crossings of streams and other surface waters subject to this Rule X Railroad crossings of streams and other surface waters subject to this Rule: • Railroad crossings that impact equal to or less than 40 linear feet of riparian buffer • Railroad crossings that impact greater than 40 linear feet but equal to or less than 150 linear feet of riparian buffer • Railroad crossings that impact greater than 150 linear feet of riparian buffer X X X Removal of previous fill or debris provided that diffuse flow is maintained and any vegetation removed is restored X Road impacts other than crossings of streams and other surface waters subject to this Rule X* Road crossings of streams and other surface waters subject to this Rule: • Road crossings that impact equal to or less than 40 linear feet of riparian buffer and is perpendicular • Road crossings that impact greater than 40 linear feet but equal to or less than 150 linear feet and is perpendicular • Road crossings that impact greater than 150 linear feet of riparian buffer X X X* Scientific studies and stream gauging X Stormwater management ponds excluding dry ponds: • New stormwater management ponds provided that a riparian buffer that meets the diffuse flow requirements of this Rule is established adjacent to the pond • New stormwater management ponds where a riparian buffer that meets the diffuse flow requirements of this Rule is NOT established adjacent to the pond X X Stream restoration X Streambank stabilization X Temporary roads: • Temporary roads that disturb less than or equal to 2,500 square feet provided that vegetation is restored within six months of initial disturbance • Temporary roads that disturb greater than 2,500 square feet provided that vegetation is restored within six months of initial disturbance X X ENR – ENVIRONMENTAL MANAGEMENT ____ T15A: 02B .0600 NORTH CAROLINA ADMINISTRATIVE CODE Eff. February 1, 2009 Page 13 • Temporary roads used for bridge construction or replacement provided that restoration activities, such as soil stabilization and revegetation, are conducted immediately after construction X Temporary sediment and erosion control devices: • To control impacts associated with uses approved by the Division or that have received a variance provided that sediment and erosion control for upland areas is addressed to the maximum extent practical outside the buffer • In-stream temporary erosion and sediment control measures for work within a stream channel X X Underground electric utility lines: • Impacts other than perpendicular crossings 3,4 X Underground electric utility line perpendicular crossings of streams and other surface waters subject to this Rule: • Perpendicular crossings that disturb less than or equal to 40 linear feet of riparian buffer3,4 • Perpendicular crossings that disturb greater than 40 linear feet of riparian buffer3,4 X X Vegetation management: • Emergency fire control measures provided that topography is restored • Planting vegetation to enhance the riparian buffer • Pruning forest vegetation provided that the health and function of the forest vegetation is not compromised • Removal of individual trees which are in danger of causing damage to dwellings, other structures or human life • Removal of poison ivy • Removal of understory nuisance vegetation as defined in: Smith, Cherri L. 1998. Exotic Plant Guidelines. Department of Environment and Natural Resources. Division of Parks and Recreation. Raleigh, NC. Guideline #30 X X X X X X Water dependent structures as defined in 15A NCAC 02B .0202 X Water wells X Wetland restoration X 1 Provided that all of the following BMPs for overhead utility lines are used. If all of these BMPs are not used, then the overhead utility lines shall require a no practical alternatives evaluation by the Division of Water Quality. • A minimum zone of 10 feet wide immediately adjacent to the water body shall be managed such that only vegetation that poses a hazard or has the potential to grow tall enough to interfere with the line is removed. • Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed. • Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain where trees are cut. • Rip rap shall not be used unless it is necessary to stabilize a tower. • No fertilizer shall be used other than a one-time application to re-establish vegetation. • Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the time in which areas remain in a disturbed state. • Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of stormwater through the buffer. • In wetlands, mats shall be utilized to minimize soil disturbance. 2 Provided that poles or towers shall not be installed within 10 feet of a water body unless the Division of Water Quality completes a no practical alternatives evaluation. 3 Perpendicular crossings are those that intersect the surface water at an angle between 75 degrees and 105 degrees. 4 Provided that all of the following BMPs for underground utility lines are used. If all of these BMPs are not used, then the underground utility line shall require a no practical alternatives evaluation by the Division of Water Quality. ENR – ENVIRONMENTAL MANAGEMENT ____ T15A: 02B .0600 NORTH CAROLINA ADMINISTRATIVE CODE Eff. February 1, 2009 Page 14 • Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed. • Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain, except in the trench, where trees are cut. • Underground cables shall be installed by vibratory plow or trenching. • The trench shall be backfilled with the excavated soil material immediately following cable installation. • No fertilizer shall be used other than a one-time application to re-establish vegetation. • Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the time in which areas remain in a disturbed state. • Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of stormwater through the buffer. • In wetlands, mats shall be utilized to minimize soil disturbance. History Note: Authority G.S. 143-214.1; 143-215.8A; 143-214.7; Eff. February 1, 2009. ENR – ENVIRONMENTAL MANAGEMENT T15A: 02B .0600 NORTH CAROLINA ADMINISTRATIVE CODE Eff. February 1, 2009 Page 15 15A NCAC 02B .0608 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): MANAGE ACTIVITIES WITHIN RIPARIAN BUFFERS: FOREST HARVESTING REQUIREMENTS (a) The following requirements shall apply for forest harvesting operations and practices in the riparian areas. (1) Logging decks and sawmill sites shall not be placed in the riparian buffer. (2) Access roads and skid trails are prohibited except for temporary and permanent stream crossings established in accordance with 15A NCAC 01I .0203. Temporary stream crossings shall be permanently stabilized after any site disturbing activity is completed. (3) Timber felling shall be directed away from the stream or water body. (4) Skidding shall be directed away from the stream or water body and shall be done in a manner that minimizes soil disturbance and prevents the creation of channels or ruts. (5) Individual trees may be treated to maintain or improve their health, form or vigor. (6) Harvesting of dead or infected trees or application of pesticides necessary to prevent or control extensive tree pest and disease infestation is allowed, when approved by the Division of Forest Resources for a specific site in accordance with G.S. 113-60.4. A copy of the Division of Forest Resources approval must be provided to the Division of Water Quality in accordance with Session Law 2001-404. (7) Removal of individual trees that are in danger of causing damage to structures or human life is allowed. (8) Natural regeneration of forest vegetation and planting of trees, shrubs, or ground cover plants to enhance the riparian buffer is allowed provided that soil disturbance is minimized. Plantings shall consist primarily of native species. (9) High intensity prescribed burns shall not be allowed. (10) Application of fertilizer is not allowed except as necessary for permanent stabilization. Broadcast application of fertilizer or herbicides to the adjacent forest stand shall be conducted so that the chemicals are not applied directly to or allowed to drift into the riparian buffer. (b) In the riparian buffer, forest vegetation shall be protected and maintained. Selective harvest as provided for below is allowed on forest lands that have a deferment for use value under forestry in accordance with G.S. 105-277.2 through G.S. 277.6 or on forest lands that have a forest management plan prepared or approved by a registered professional forester. Copies of either the approval of the deferment for use value under forestry or the forest management plan shall be produced upon request. For such forest lands, selective harvest is allowed in accordance with the following: (1) Tracked or wheeled vehicles are not permitted within the first 50 feet the riparian buffer top of bank landward except at stream crossings designed, constructed and maintained in accordance with 15A NCAC 01I .0203. (2) Soil disturbing site preparation activities are not allowed. (3) Trees shall be removed with the minimum disturbance to the soil and residual vegetation. (4) The first 10 feet of the riparian buffer directly adjacent to the stream or waterbody shall be undisturbed. (5) In the zone from 10 feet to 50 feet of the riparian buffer, a maximum of 50 percent of the trees greater than five inches diameter breast height (dbh) may be cut and removed. The reentry time for harvest shall be no more frequent than every 15 years, except on forest plantations as defined in 15A NCAC 02B .0233(e) where the reentry time shall be no more frequent than every five years. In either case, the trees remaining after harvest shall be as evenly spaced as possible. (6) In the outer riparian buffer (landward of 50 feet), harvesting and regeneration of the forest stand is allowed provided that sufficient ground cover is maintained to provide for diffusion and infiltration of surface runoff. History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); 143-215.8A; Eff. February 1, 2009. ENR – ENVIRONMENTAL MANAGEMENT T15A: 02B .0600 NORTH CAROLINA ADMINISTRATIVE CODE Eff. February 1, 2009 Page 16 15A NCAC 02B .0609 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): MANAGE ACTIVITIES WITHIN RIPARIAN BUFFERS: MITIGATION REQUIREMENTS FOR BUFFER IMPACTS (a) PURPOSE. The purpose of this Rule is to set forth the mitigation requirements that apply to the Goose Creek Watershed existing riparian buffer protection program, as described in 15A NCAC 02B .0605, .0606, and .0607. (b) APPLICABILITY. This Rule applies to persons who wish to impact a riparian buffer in the Goose Creek Watershed when one of the following applies: (1) A person has received an Authorization Certificate pursuant to 15A NCAC 02B .0607 for a proposed use that is designated as potentially allowable requiring both DWQ approval and mitigation. (2) A person has received a variance pursuant to 15A NCAC 02B .0606 and is required to perform mitigation as a condition of a variance approval. (c) THE AREA OF MITIGATION. The required area of mitigation shall be determined by either the Division of Water Quality or the delegated local authority according to the following: (1) The impacts in square feet to the riparian buffer shall be determined by the Division of Water Quality or the delegated local authority by adding the following: (A) The area of the footprint of the use causing the impact to the riparian buffer. (B) The area of the boundary of any clearing and grading activities within the riparian buffer necessary to accommodate the use. (C) The area of any ongoing maintenance corridors within the riparian buffer associated with the use. (2) The required area of mitigation shall be determined by applying the following multipliers to the impacts determined in Subparagraph (c)(1) of this Rule to each zone of the riparian buffer: (A) Impacts to the riparian buffer shall be multiplied by three. (B) Impacts to wetlands within the riparian buffer that are subject to mitigation under 15A NCAC 02H .0506 shall comply with the mitigation ratios in 15A NCAC 02H .0506. (d) THE LOCATION OF MITIGATION. The mitigation effort shall be within the Goose Creek Watershed, as close to the location of the impact as feasible. (e) ISSUANCE OF THE MITIGATION DETERMINATION. The Division of Water Quality or the delegated local authority shall issue a mitigation determination that specifies the required area and location of mitigation pursuant to Paragraph (c) of this Rule. (f) OPTIONS FOR MEETING THE MITIGATION DETERMINATION. The mitigation determination made pursuant to Paragraph (e) of this Rule may be met through one of the following options: (1) Payment of a compensatory mitigation fee to the Riparian Buffer Restoration Fund pursuant to Paragraph (g) of this Rule. (2) Donation of real property or of an interest in real property pursuant to Paragraph (h) of this Rule. (3) Restoration or enhancement of a non-forested riparian buffer. This shall be accomplished by the applicant after submittal and approval of a restoration plan pursuant to Paragraph (i) of this Rule. (g) PAYMENT TO THE RIPARIAN BUFFER RESTORATION FUND. Persons who choose to satisfy their mitigation determination by paying a compensatory mitigation fee to the Riparian Buffer Restoration Fund shall meet the following requirements: (1) SCHEDULE OF FEES: The amount of payment into the Fund shall be determined by multiplying the acres or square feet of mitigation determination made pursuant to Paragraph (e) of this Rule by ninety-six cents ($.96) per square foot or forty-one thousand, six hundred and twenty-five dollars ($41,625) per acre. (2) The required fee shall be submitted to the [North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652] prior to any activity that results in the removal or degradation of the protected riparian buffer for which a "no practical alternatives" determination has been made. (3) The payment of a compensatory mitigation fee may be fully or partially satisfied by donation of real property interests pursuant to Paragraph (h) of this Rule. (4) The Division of Water Quality shall review the fee outlined in Subparagraph (g)(1) of this Rule every two years and compare it to the actual cost of restoration activities conducted by the Department, including site identification, planning, implementation, monitoring and maintenance costs. Based upon this biennial review, the Division of Water Quality shall recommend revisions to Subparagraph (g)(1) of this Rule when adjustments to this Schedule of Fees are deemed necessary. (h) DONATION OF PROPERTY. Persons who choose to satisfy their mitigation determination by donating real property or an interest in real property shall meet the following requirements: (1) The donation of real property interests may be used to either partially or fully satisfy the payment of a compensatory mitigation fee to the Riparian Buffer Restoration Fund pursuant to Paragraph (g) of this Rule. The value of the property interest shall be determined by an appraisal performed in accordance with Part (h)(4)(D) of this Rule. The donation shall satisfy the mitigation determination if the appraised value of the donated property interest is equal to or greater than the required fee. If the appraised value of the donated property interest is less than the required fee calculated pursuant to Subparagraph (g)(1) of this Rule, the applicant shall pay the remaining balance due. (2) The donation of conservation easements to satisfy compensatory mitigation requirements shall be accepted only if the conservation easement is granted in perpetuity. ENR – ENVIRONMENTAL MANAGEMENT T15A: 02B .0600 NORTH CAROLINA ADMINISTRATIVE CODE Eff. February 1, 2009 Page 17 (3) Donation of real property interests to satisfy the mitigation determination shall be accepted only if such property meets all of the following requirements: (A) The property shall be located within an area that is identified as a priority for restoration in the Basinwide Wetlands and Riparian Restoration Plan developed by the Department pursuant to G.S. 143-214.10 or shall be located at a site that is otherwise consistent with the goals outlined in the Basinwide Wetlands and Riparian Restoration Plan; (B) The property shall contain riparian areas for restoration, defined in 15A NCAC 02B .0243, not currently protected by the State's riparian buffer protection program that merit restoration; (C) The size of the restorable riparian buffer on the property to be donated shall equal or exceed the acreage of riparian buffer required to be mitigated under the mitigation responsibility determined pursuant to Paragraph (c) of this Rule; (D) The property shall not require excessive measures for successful restoration, such as removal of structures or infrastructure. Restoration of the property shall be capable of fully offsetting the adverse impacts of the requested use; (E) The property shall be suitable to be successfully restored, based on existing hydrology, soils, and vegetation; (F) The estimated cost of restoring and maintaining the property shall not exceed the value of the property minus site identification and land acquisition costs; (G) The property shall not contain any building, structure, object, site, or district that is listed in the National Register of Historic Places established pursuant to Public Law 89-665, 16 U.S.C. 470 as amended; (H) The property shall not contain any hazardous substance or solid waste; (I) The property shall not contain structures or materials that present health or safety problems to the general public. If wells, septic, water or sewer connections exist, they shall be filled, remediated or closed at owner's expense in accordance with state and local health and safety regulations; (J) The property and adjacent properties shall not have prior, current, and known future land use that would inhibit the function of the restoration effort; (K) The property shall not have any encumbrances or conditions on the transfer of the property interests. (4) At the expense of the applicant or donor, the following information shall be submitted to the Division of Water Quality with any proposal for donations or dedications of interest in real property: (A) Documentation that the property meets the requirements laid out in Subparagraph (h)(3) of this Rule. (B) US Geological Survey 1:24,000 (7.5 minute) scale topographic map, county tax map, USDA Natural Resource Conservation Service County Soil Survey Map, and county road map showing the location of the property to be donated along with information on existing site conditions, vegetation types, presence of existing structures and easements. (C) A current property survey performed in accordance with the procedures of the North Carolina Department of Administration, State Property Office as identified by the State Board of Registration for Professional Engineers and Land Surveyors in "Standards of Practice for Land Surveying in North Carolina." Copies may be obtained from the North Carolina State Board of Registration for Professional Engineers and Land Surveyors, 3620 Six Forks Road, Suite 300, Raleigh, North Carolina 27609. (D) A current appraisal of the value of the property performed in accordance with the procedures of the North Carolina Department of Administration, State Property Office as identified by the Appraisal Board in the "Uniform Standards of Professional North Carolina Appraisal Practice." Copies may be obtained from the Appraisal Foundation, Publications Department, P.O. Box 96734, Washington, D.C. 20090-6734. (E) A title certificate. (i) RIPARIAN BUFFER RESTORATION OR ENHANCEMENT. Persons who choose to meet their mitigation requirement through riparian buffer restoration or enhancement shall meet the following requirements: (1) The applicant may restore or enhance riparian buffer defined in 15A NCAC 02B .0243 if either of the following applies: (A) The area of riparian buffer restoration is equal to the required area of mitigation determined pursuant to Paragraph (c) of this Rule; or (B) The area of riparian buffer enhancement is three times larger than the required area of mitigation determined pursuant to Paragraph (c) of this Rule. (2) The location of the riparian buffer restoration or enhancement shall comply with the requirements in Paragraph (d) of this Rule. (3) The riparian buffer restoration or enhancement site shall have a minimum width of 50 feet as measured horizontally on a line perpendicular to the surface water and may include the following: (A) Restoration/enhancement of existing riparian areas. (B) Restoration/enhancement and respective preservation of streamside areas when the stream is not depicted on USGS map or Soil Survey. (C) Preservation of streamside areas when the stream is not depicted on USGS map or Soil Survey. ENR – ENVIRONMENTAL MANAGEMENT T15A: 02B .0600 NORTH CAROLINA ADMINISTRATIVE CODE Eff. February 1, 2009 Page 18 (D) Restoration/enhancement and respective preservation of streamside areas along first order ephemeral streams that discharge/outlet into intermittent or perennial streams. (E) Preservation of the streamside area along first order ephemeral streams that discharge/outlet intermittent or perennial stream. (4) Other individual/innovative mitigation projects may be approved by the Division of Water Quality that meet the purpose of this Rule. (5) The applicant shall first receive an Authorization Certificate for the proposed use according to the requirements of 15A NCAC 02B .0607. After receiving this determination, the applicant shall submit a restoration or enhancement plan for approval by the Division of Water Quality. The Division of Water Quality shall approve plans that meet the requirements of this Rule. The restoration or enhancement plan shall contain the following. (A) A map of the proposed restoration or enhancement site. (B) A vegetation plan. The vegetation plan shall include a minimum of two native hardwood tree species planted at a density sufficient to provide 320 trees per acre at maturity. (C) A grading plan. The site shall be graded in a manner to ensure diffuse flow through the riparian buffer. (D) A fertilization plan. (E) A schedule for implementation. (6) Within one year after the Division of Water Quality has approved the restoration or enhancement plan, the applicant shall present proof to the Division of Water Quality that the riparian buffer has been restored or enhanced. If proof is not presented within this timeframe, then the person shall be in violation of the State's or the delegated local authority's riparian buffer protection program. (7) The mitigation area shall be placed under a perpetual conservation easement that will provide for protection of the property's nutrient removal functions. (8) The applicant shall submit annual reports for a period of five years after the restoration or enhancement showing that the trees planted have survived and that diffuse flow through the riparian buffer has been maintained. The applicant shall replace trees that do not survive and restore diffuse flow if needed during that five-year period. History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); 143-215.8A; Eff. February 1, 2009. To w n o f M i n t H i l l P o s t C o n s t . St o r m W a t e r O r d i n a n c e Ordinance Construction Storm Water Town of Mint Hill Post Su b m i t t a l L e t t e r Submittal Letter PPEOPLE • PRIDE • PROGRESS • PARTNERSHIPS 700 N. Tryon Street • Suite 205 • Charlotte, NC 28202-2236 • (704) 336-5500 • FAX (704) 336-4391 www.co.mecklenburg.nc.us/coenv MECKLENBURG COUNTY Land Use and Environmental Services Agency Water Quality Program MEMORANDUM TO:Bill Duiguid, North Carolina Division of Water Quality – Storm Water Unit Amy Chapman, North Carolina Division of Water Quality – 401 Permitting Unit FROM:Rusty Rozzelle, Mecklenburg County Water Quality Program DATE:April 13, 2009 SUBJECT:Submittal of the Draft Post Construction and Goose Creek Management Ordinance for the Town of Mint Hill Mecklenburg County Water Quality Program (MCWQP) is submitting this draft ordinancefor your review on behalf of the Town of Mint Hill with the intent of ultimately requesting delegation of authority to implement the Site Specific Water Quality Management Plan for the Goose Creek Watershed (SSWQMP) in accordance with 15A NCAC 2B.0602(c) and 15A NCAC 2B.0607(f). Attached is a draft ordinance (which is a modification of the Mint Hill Post Construction Storm Water Ordinance) that includes provisions to implement the SSWQMP. The majority of the SSWQMP provisions are included in Section 3.5 of the attached draft ordinance. Because the ordinance is used to meet multiple goals, several elements of the draft ordinance are a departure from the requirements of our permit. MCWQP believes these departures, on the whole, exceed the minimum storm water management and water quality protection requirements of the SSWQMP. MCWQP requests that NCDWQ review this draft ordinance and provide preliminary input that the ordinance meets or exceedsthe storm watermanagement and water quality protection provided in SSWQMP. To assist with NCDWQ’s review of the draft ordinance, the following list highlights and discusses these departures: 1. Applicability The applicability requirements in the draft ordinance are somewhat unusual due to our decision to combine the SSWMP into the post-construction ordinance for the Town of Mint Hill. A lot of this language is not contained in the SSWMP. 2. Delegation of Authority It is our intent to obtain local delegation to apply the SSWMP; however, the ordinance must Bill Duiguid and Amy Chapman Submittal of the Draft Post Construction and Goose Creek Management Ordinance for the Town of Mint Hill Page 2 of 3 be written so that it applies whether or not local delegation is awarded. The wording in Sections 305(A)(1) and 305(C)(1) attempt to describe this requirement. 3. Volume Control from Structural BMPs The SSWMP requires that structural BMPs be designed to control the difference between the pre-development and post-development volume for a 1-yr 24-hr storm and requires the drawdown time to be a minimum of 48 hours, but not more than 120 hours. The draft ordinance specifies control of the full post-development volume for the 1-yr 24-hr stormwith the drawdown requirements of a minimum of 24 hours, but not more than 120 hours, which is consistent with our Phase II Permit and Charlotte-Mecklenburg BMP Design Manual (which has been approved by NCDWQ). This draft ordinance requirement exceeds the storm water protection required by the SSWQMP because the full post-development volume for the 1-yr 24-hr storm will always be greater than the difference between the pre-development and post development volume. Thus control of a larger volume of storm water will further increase water quality benefit by protecting the downstream channel stability of streams from larger erosive flows. 4. Peak Control The SSWQMP requires peak control for the 1-yr 24-hr storm. The attached draft ordinance includes this requirement; however, control requirements for development exceeding ten percent built-upon area were added for peak control of the 10-yr 6-hr and the 25-yr 6-hr storms to be consistent with the current Mint Hill Post Construction Storm Water Ordinance. 5. Wastewater Control Requirements MCWQP has not included the wastewater control requirements of 15A NCAC 2B.0603 as part of the draft ordinance and does not request delegation of this regulation. Since MCWQP does not have the authority to issue NPDES permits, MCWQP does not request delegation of this regulation. 6. Riparian Buffer Protection Administrator Under 15A NCAC 2B.0607(g), the SSWQMP requires the appointment of a Riparian Buffer Protection Administrator. Mint Hill already has designated a Storm Water Administrator to implement the Post Construction Storm Water Ordinance and proposes that the Storm Water Administrator serve as the Riparian Buffer Protection Administrator as well; therefore this title has been changed to Storm Water Administrator in the draft ordinance. 7. Variances to Riparian Buffer Requirements The SSWQMP uses the term “major variance” under 15A NCAC 02B.0606(2), but does not define the term. We assume that the State’s intent is to require all buffer variances to go through the EMC; therefore, this is the way the draft ordinance was written. 8. Local Mitigation Program Under 15A NCAC 02B.0609, the SSWQMP requires that mitigation fees and / or property donations be managed by the North Carolina Ecosystem Enhancement Program. In the attached draft ordinance, the Town of Mint Hill will manage mitigation activities locally. It is our desire to obtain your comments by May 15, 2009. Your can provide your comments by Bill Duiguid and Amy Chapman Submittal of the Draft Post Construction and Goose Creek Management Ordinance for the Town of Mint Hill Page 3 of 3 giving me a call at 704-336-5449 or sending me an email at rusty.rozzelle@mecklenburgcountync.gov . If you would like a Word version of the document for “Tracking” your changes, please let me know and I will gladly make it available to you. After you provide your preliminary comments on the draft ordinance, this ordinance will be modified accordingly and presented to the Mint Hill Town Council for consideration for adoption. The adopted ordinance, as well the other information required for formal delegation will be submitted to your Office for formal review and approval. Please contact me at (704) 336-5449 if you have any questions. Thank you very much for agreeing to review this draft ordinance. Enclosures: Town of Mint Hill Draft Post Construction and Goose Creek Management Ordinance St a t e D e l e g a t i o n L e t t e r State Delegation Letter To w n o f M i n t H i l l Sm a l l A r e a P l a n Small Area Plan Town of Mint Hill Mint Hill, North Carolina Lawyers Road And i-485 Small Area Plan Table of Contents CHAPTER 1: Introducon Context Purpose Of The Small Area Plan Geography And Study Area CHAPTER 2: Public Parcipaon CHAPTER 3: Exisng Condions Natural Environment Land Use Transportaon Ulies Market Analysis CHAPTER 4: Process and Analysis Fiscal Impact Analysis Traffic Impact Analysis Land Use Impact Analysis Summary CHAPTER 5: Small Area Plan Goals Plan Descripon CHAPTER 6: Recommendaons Business Recruitment Recommendaons Natural Environment Recommendaons Land Use Recommendaons Urban Design Recommendaons Transportaon Recommendaons Ulies Recommendaons APPENDIX A: Demographic Market Analysis APPENDIX B: Real Estate Market Analysis APPENDIX C: Demand Potenal Market Analysis APPENDIX D: Fiscal Impact Analysis APPENDIX E: Traffic Impact Analysis Mint Hill: Lawyers Road and I-485 Small Area Plan Figure Index CHAPTER 1: Introducon Figure 1: Study Area Boundary Figure 2: Aerial Map of Study Area CHAPTER 2: Public Parcipaon CHAPTER 3: Exisng Condions Figure 3: Environmental Features Map Figure 4: Exisng Land Use Map Figure 5: Exisng Zoning Map Figure 6: Transportaon Base Map Figure 7: Major River Basins Map CHAPTER 4: Process and Analysis Figure 8: Charree Opon 1 Sketch Figure 9: Charree Opon 2 Sketch Figure 10: Charree Opon 3 Sketch Figure 11: Charree Preferred Concept Master Plan Figure 12: Charree Preferred Land Use Map Figure 13: Impacts on Tax Base Graph Figure 14: Annual Net Fiscal Impact Graph Figure 15: Traffic Impact Graph CHAPTER 5: Small Area Plan CHAPTER 6: Recommendaons Mint Hill: Lawyers Road and I-485 Small Area Plan ...................................page 14 ..............................................page 16 .................................................page 17 .........................................page 23 ...........................................page 27 ........................................page 50 ........................................page 50 ......................................page 50 ..............page 52 ........................page 53 ....................................page 54 .............................page 54 ...............................................page 55 ................................................page 5 ..........................................page 6 Acknowledgements Town of Mint Hill - Board of Commissioners Ted H. Biggers, Mayor Lloyd Ausn, Mayor Pro-Tem Carl M. Ellington Brenda McRae Katrina “Tina” Ross Town of Mint Hill - Planning Board Members William A. “Tony” Long, Chairman Roy Fielding Joseph Earl (Jef) Freeman Richard Newton Donnie Walters ETJ Member: Thomas (Tom) Gatz Roger Hendrix Lawyers Road and I-485 Small Area Plan Advisory Commiee Members Robert Brisley Brenda Frazier Dills Kenny Draffen Dixie Helms Kenneth Horn Richard Newton Dwarkadas V. Shah Mint Hill: Lawyers Road and I-485 Small Area Plan Town of Mint Hill – Planning Staff Brian L. Welch, Town Manager Lee Bailey, Deputy Town Manager & Planning Director Dana Clukey, Planner John Hoard, Planner Consultant Team Padam Singh, HNTB Donal Simpson Kevin Walsh, HNTB Greg Boulanger, HNTB Susan Paschal, HNTB Ed Delara, HNTB Mac Nichols, AECOM Alisa Cohen, AECOM Emily Henke Mint Hill: Lawyers Road and I-485 Small Area Plan Chapter 1: Introducon Mint Hill: Lawyers Road and I-485 Small Area Plan CONTEXT The Town of Mint Hill is one of the fastest growing towns in the burgeoning metropolitan area of Charloe and prides itself on its small town feel. Located in the eastern poron of Mecklenburg County, Mint Hill is roughly 15 miles east of downtown Charloe. The Lawyers Road and I-485 Interchange Small Area Plan (SAP) study area is located in the southeastern poron of the Town of Mint Hill. This poron of the town is relavely less developed than the northeastern part of Mint Hill, with large porons of the area owned by a few land owners. The study area is conveniently linked to other municipalies in the region via I-485, which is a major interstate facility that connects to the Town of Mahews and Town of Pineville in the south, and the University City Area and City of Concord in the north . With the planned compleon of the I-485 loop, which will connect I-85 to I-77 in the north, Mint Hill and the study area will be further connected to the northern Mecklenburg Towns of Cornelius, Huntersville, and Davidson. The study area also borders Union County to the east, which was the seventh (7th) fastest growing county in the United States according to the U.S. Census Bureau News in 2008. PURPOSE OF THE SMALL AREA PLAN Due to its aracve locaon, availability of land, and regional connecvity, the interchange of Lawyers Road with I-485 has long been seen as a potenal locaon for a regional desnaon. In 2003, General Growth Properes (GGP) partnered with Childress Klein Properes to propose a regional mall – The Bridges at Mint Hill - that will cater to the eastern poron of Mecklenburg County, southern Cabarrus County, and the western poron of growing Union County. The mall is expected to also draw shoppers from the University City area in Mecklenburg County and from Lancaster County, South Carolina. Although a good locaon for a regional shopping center, this development prompted town residents and town leadership to think about the area surrounding the potenal mall. They want to be proacve in deciding what development could occur around the mall. The inial meline for the opening of the mall was in U.S. Census Bureau News, released March 20, 2008 (hp:// www.census.gov/Press-Release/www/releases/archives/ populaon/011635.html) Chapter 1: Introducon Map: Mint Hill is located near Charloe, North Carolina and has excellent regional connecons to University City, Concord, Mahews, and Pineville. Mint Hill: Lawyers Road and I-485 Small Area Plan 2009, but with the downturn in the real estate market and overall economy, the plans to build the mall have been shelved unl 2013-2014. The commitment from tenants is sll strong, and although it is hard to predict the length of this downturn, the need for a regional mall in this area has not disappeared. This delay gives the Town the necessary me to plan the area around the mall, and to maximize the opportunity presented by the development of this scale without leng the area develop with undesirable uses. The Town hired a naonal urban planning and engineering consulng firm, HNTB, to assist it in developing a Small Area Plan for the study area. HNTB’s team is comprised of professionals with various experse ranging from land use planning, urban design, architecture, natural environment, market analysis, traffic, and transportaon. GEOGRAPHY AND STUDY AREA The study area is centered around the Bridges at Mint Hill mall. During the first advisory commiee meeng, the project team draed a study area boundary that extended from Hwy 218 (Fairview Road) in the north, to east of Allen Black Road in the east, to the future Stevens Creek Nature Preserve in the south, and to Stevens Creek Tributary in the west. Please see the study area boundary in Fig 1. The study area is 1,992 acres, of which roughly 300 acres is in transportaon right-of-way. This leaves 1,694 acres of land to be planned. Although most of the study area falls within Mint Hill’s town limits, some poron of it is in the unincorporated poron of Mecklenburg County as well. Addionally, a very small poron of the study area falls inside Union County. Downtown Mint Hill is roughly 1.5 miles from the intersecon of Lawyers Road and Bain School Road, which is basically the center of the study area. Most of the study area is relavely undeveloped, but there are a few single family residenal neighborhoods and a few civic uses such as churches and an elementary school. For a general understanding of the study area, please see Figure 2: Aerial map on page 6. Mint Hill: Lawyers Road and I-485 Small Area Plan Figure 1: Study Area Boundary. Mint Hill: Lawyers Road and I-485 Small Area Plan Figure 2: Aerial Map of Study Area. Mint Hill: Lawyers Road and I-485 Small Area Plan Chapter 2: Public Parcipaon Mint Hill: Lawyers Road and I-485 Small Area Plan Chapter 2: Public Parcipaon PUBLIC PARTICIPATION Public involvement is extremely important to ensure that all community members – those who live within the study area, those who live in the town, and those who will be vising this area – have an opportunity to voice their concerns and opinions during the Small Area Plan development process. The Town appointed seven (7) advisory commiee members to provide guidance to the project team and direcon for this plan. In addion, elected officials, planning board members, and town staff were an integral part of plan development. In order to gain wider community support, a three- day design charree was organized in the Assembly Room of the Town Hall on Feb 2-4, 2010. This all- day three-day event was open to the public on all three days, and there was a public meeng at the end of each day. Many residents, stakeholders, and interested cizens came during the three day event and provided valuable input. In addion to the three-day public charree, three public meengs were also organized to seek addional input at various stages as the plan was refined and shaped into a final document. The Town also created other ways for the public to provide feedback into the process. A Facebook page was created to not only share the progress made on the plan, but also to provide comments and feedback, and engage the community in online dialog regarding the plan. The page was available at www. facebook.com aer searching for Lawyers Road and Interstate 485 Small Area Plan (SAP) under groups. The Town also created a link on the Town’s website – www.minthill.com – for the Small Area Plan. Tradional means of public outreach such as newsleers, postcards for meeng invitaons, and newspaper announcements were also used to engage the public. Photo: Town’s elected officials picked seven members from the community to serve on the Advisory Commiee and guide the planning process. Photo: A three-day public charree was organized in February of 2010, and three addional public meengs were organized to seek community input at various stages of plan development. Mint Hill: Lawyers Road and I-485 Small Area Plan Chapter 3: Exisng Condions Mint Hill: Lawyers Road and I-485 Small Area Plan Chapter 3: Exisng Condions NATURAL ENVIRONMENT One of the striking aspects of the study area is the presence of an environmentally sensive system of creeks and streams. Figure 3 on page 14 shows all the environmental features within the study area. Goose Creek, along with its tributaries, is one of the major streams that runs north-south through the enre study area. Stevens Creek is another major creek that flows south of the study area along with its tributaries. Floodplains along Goose Creek and Stevens Creek cover roughly 170 acres of the study area. The enre study area falls within the Goose Creek watershed, which contains federal, state, and local development restricons aimed at protecng the environmentally sensive habitat of the endangered Carolina Heelsplier mussel. Although there are some restricons on development in this watershed, development is not enrely prohibited. As long as buffer requirements are maintained (as described previously) and a sufficient amount of a proposed development is preserved as open space, parts of this watershed could be developed. According to Mecklenburg County Land Use & Environmental Services (LUESA), which oversees the environmental perming process for the Town of Mint Hill, if the Built- Upon- Area (BUA) is less than 20%, then no open space requirements are necessary. If the BUA is between 20% and 50%, then 15% of open space is required. If the BUA is greater than 50%, then 10% of open space is required. Post Construcon Ordinance buffer requirements limit the area that can be developed. The buffer requirement on perennial streams in the Goose Creek watershed is 200 feet on either side of the stream Photo: Floodplains along Goose Creek and Stevens Creek cover roughly 170 acres of the study area. Post construcon ordinance requires 200 feet un-disturbed buffer on each side of the perrinial streams. Photo: Site of the planned mall - Bridges at Mint Hill. Mint Hill: Lawyers Road and I-485 Small Area Plan Figure 3: Environmental Features Map. Mint Hill: Lawyers Road and I-485 Small Area Plan centerline or 400 feet total. On intermient streams, these requirements are 100 feet on either side of the stream centerline or 200 feet total. Both Goose Creek and Stevens Creek are perennial streams and therefore are subject to higher buffer requirements. These buffers cover 244 acres of the study area. Since most of the floodplain area falls within the post construcon buffer area, the area impacted by the floodplain and the post-construcon buffer requirements is sll around 250 acres. This means that roughly 12% of the study area is impacted by the floodplain and post-construcon buffer requirements combined. In addion to creeks and streams, there are a few small ponds and wetlands within the study area. Post construcon buffer requirements also cover 100 feet of area around these ponds and wetlands, and are included in the area calculaons shown on page 19. The overall landscape of the study area is characterized by gentle rolling hills with some steep slopes along major creeks and streams. Fig 3 shows areas of steep slopes. The area with slopes between 0% and 5% is generally considered very suitable for development. The area with slopes between 5% and 10% is generally considered suitable for development, while the area with slopes between 10% and 15% is considered moderately suitable for development. Even though the area with slopes above 15% can be developed, the cost of development starts to go up with an increase in slope. The distribuon of slope acres within the study area is shown below: The table suggests that 88% of the study area is within the slope percentage that lends itself for development, and only 3.6% of the study area could be considered constrained for development because of slopes. Aer reviewing the Environmental Features Map, it is also observed that the vast majority of areas with slopes greater than 15% are adjacent to major creeks and streams, and within floodplains or the post construcon buffer limits. Major roads such as Lawyers Road, Bain School Road, Highway 218, and Allen Black Road are along the ridge lines for the most part. Summary of Issues and Opportunies: • The presence of creeks and streams provides opportunies for open space preservaon, greenways, and trails. • The buffer requirements along perennial and intermient streams provide opportunies to preserve habitat that is unique to this area, but also pose challenges for stream crossings and development potenal. • Floodplains along Goose Creek and Stevens Creek provide opportunies for preservaon of open space, but also limit the development potenal of the study area. • The availability of land with relavely gentle topography provides opportunies for a variety of development. • Open space requirements within the Goose Creek watershed provide opportunies for open space preservaon, but also limit the amount of development. Mint Hill: Lawyers Road and I-485 Small Area Plan Figure 4: Exisng Land Use Map. Mint Hill: Lawyers Road and I-485 Small Area Plan Figure 5: Exisng Zoning Map. Mint Hill: Lawyers Road and I-485 Small Area Plan LAND USE Land use is perhaps the one common element that impacts all other major components - such as transportaon, economic development, environmental features, and ulies - of any plan. Land use also addresses some of the larger issues in a community such as quality of life and future vision for growth. With the arrival of the Bridges at Mint Hill mall, there will be substanal pressure on surrounding areas for land use change. The adjoining Fig. 4 details exisng land uses. Currently, a considerable part of the study area is undeveloped, with about 32% being either rural/ agriculture or open space. This is evident along Bain School Road and Allen Black Road, where one can see acve farms. Rural residenal uses, which make up over 50% of the study area, are predominant. Some large parcels of property are currently used as rural residenal; in fact, Mecklenburg County tax data shows all of the Bridges at Mint Hill Mall parcels as rural residenal. There are a few single- family residenal neighborhoods in the study area; Country Woods subdivision at the southwest corner of Lawyers Road interchange is one of the largest neighborhoods. A few smaller neighborhoods exist along the periphery of the study area – along Thompson Road, Lawyers Road, and Allen Black Road. There are a few civic uses, such as churches, within the study area. St. Luke’s Catholic Church is on Lawyers Road and Church of God is on Bain School Road. Although Bain School Elementary School and Philadelphia Presbyterian Church are two of the oldest civic instuons in the Town, both of them being on the Town’s seal, they are just outside the study area. The Park at Fairview, one of the recreaonal facilies that is owned and maintained by the Town of Mint Hill, is located in the northern Photo: SAP study area is primarily rural. Photo: Some local landmarks, such as Philadelphia Presbyterian Church, are also in close proximity of the study area . Photo: New residenal development, such as equestrian themed Cheval, provides variety in the study area. Mint Hill: Lawyers Road and I-485 Small Area Plan Photo: Park on Fairview Road provides numerous recreaonal opportunies such as nature trails, ball fields, picnic areas, kids’ playground area etc. Photo: New subdivisions, such as Meadows of Mint Hill along Bain School Road, are recent addion to the study area. poron of the study area. A major Mecklenburg County park facility, Stevens Creek Nature Preserve, is being planned on the southern edge of the study area, southwest of Country Woods subdivision. Its planned entrance is on Thompson Road. Currently, the land uses in the study area are low- density, which does not lend itself for a walkable environment. However, this could change with the arrival of the planned mall. A detailed breakdown of various land uses in the study area is shown in the table below. Although the study area is primarily rural with some residenal and civic uses, the zoning is mostly Residenal (R). The Bridges at Mint Hill Mall site is zoned Planned Unit Development (PUD), which is a type of zoning district “that is established to accommodate, in areas outside of the downtown, commercial projects of innovave design and layout that would not be otherwise be permied under the Town’s ordinance because of the strict applicaon of zoning district or general development standards” . Please see the adjoining zoning map for detail. Mint Hill: Lawyers Road and I-485 Small Area Plan Summary of Land Use Issues and Opportunies: • The presence of recreaonal facilies, both exisng and planned, provides tremendous opportunies to link the study area with surrounding neighborhoods and desnaons. • The planned mall provides tremendous opportunies to create a desnaon in the Town of Mint Hill that currently does not exist. • Exisng rural and agricultural uses present opportunies for non-residenal uses that are compable with surrounding neighborhoods. • The planned mall will create development and redevelopment pressure on neighboring properes. It will also affect some of the low-density residenal uses around it. Photo:Some older houses on large lots, such as this one on Bain School Road, dot the rural landscape of the study area. Photo: Bain Elementary School is one of the oldest schools in the CMS system and is a local landmark. Photo: Rural Area West of Lawyers Road. Mint Hill: Lawyers Road and I-485 Small Area Plan Table: LOS (Level of service) analysis for SAP area roads. Photo: Allen Black Road is a two-lane country road that provides north-south access between Hwy 218 and Lawyers Road. Photo: Intersecon of Lawyers Road and Bain School Road is the locaon of the planned roundabout with the mall. TRANSPORTATION The Small Area Plan (SAP) study area is located within a transportaon infrastructure that consists of an interstate freeway, arterials, collectors, and local roadways making up the transportaon network. One of the most important elements of the network is the Charloe Outer Loop (I-485). I-485 is an interstate freeway that provides high speed access around Charloe’s perimeter to neighboring communies and counes, as well as to other interstates. Conveniently, two access points to I-485 are located within the SAP study area. These are the Lawyers Road and Fairview Road (Highway 218) interchanges. These interchanges are also the only locaons that bridge the east and west sides of the SAP study area over I-485. As a result, both Lawyers Road and Fairview Road arterials provide east-west regional connecvity for the community. Bain School Road and Thompson Road provide north-south connecvity west of I-485, while Allen Black Road provides north-south connecvity east of I-485. Since Union Road terminates at Allen Black Road, its east-west connecon is limited to the east side of I-485 into Union County. For a detailed map of the transportaon network please see Fig 6 on page 23. Traffic operaons are generally described by “Level of Service” (LOS) measures. In accordance with the most recent Transportaon Research Board Highway Capacity Manual 2000, LOS describes the quality of traffic flow and is defined as a measure describing operaonal condions on a given freeway, arterial, or intersecon. LOS is a funcon of delay. LOS measures are reported using leer designaons from A through F. As described in the Highway Capacity Manual 2000, LOS A represents the best operang condion (free traffic flow), and LOS F designates the worst operang condion. LOS A through D is considered to be operang at an acceptable condion, while a facility operang at an LOS E or F is considered to be operang at a deficient LOS. The LOS for major roadways in Mint Hill was determined in the Mint Hill Comprehensive Transportaon Plan (CTP), developed in 2008. It should be noted that the LOS cited in the CTP represents condions experienced in the year 2000. Mint Hill: Lawyers Road and I-485 Small Area Plan 39 0 0 0 50 0 0 0 44 0 0 0 16 0 0 0 17 0 0 0 16 0 0 0 85 0 0 87 0 0 86 0 0 13 0 0 0 14 0 0 0 16 0 0 0 11 0 0 0 12 0 0 0 11 0 0 0 400 510 410 0 10000 20000 30000 40000 50000 60000 2004 2006 2008 Nu m b e r o f D a i l y T r i p s Years Surveyed I-485 Lawyers Road E of I-485 Lawyers Road W of I-485 Fairview Road E of I-485 Fairview Road W of I-485 Union Road Annual Average Daily Trips for Years 2004, 2006, and 2008 on select roads near Mint Hill, NC Graph and Map: Graph of Annual Average Daily Trips (AADT) for six locaons in the Study Area. Traffic counts show a daily average throughout each year idenfied. Locaons are idenfied in the map below. Fairview Road East I-485 Union Road Fairview Road West Lawyers Road West Lawyers Road East The CTP illustrated 2000 LOS for all major roadways within the town. However, the LOS for roadways within the SAP study area ranged from A through D, which is considered acceptable, and thus provided sufficient capacity for the traffic demand at that me. It should be noted that I-485 did not exist in the SAP study area in the year 2000. The addion of I-485 had a great effect on the traffic paerns in the area and thus affected the LOS in future years. The CTP also summarized the crash data provided by the NCDOT for segments of facilies with a classificaon higher than a collector street from January 1, 2004 to December 31, 2006. Of the eleven locaons analyzed, two were located within the SAP study area. These locaons were the intersecon of Fairview Road and I-485, which experienced 20 crashes during the three year study, and the intersecon of Lawyers Road and Bain School Road, which experienced 10 crashes. Average Annual Daily Traffic (AADT) volumes determined by the North Carolina Department of Transportaon (NCDOT) in 2004, 2006, and 2008 for roadways within the SAP study area are shown below. These years are shown to demonstrate traffic volume trends aer the compleon of I-485 within the SAP study area. As is evident from the graph and map to the right, daily traffic has been trending upward despite the peak that occurred in 2006 on all but one of the roadways shown. Therefore, it can be expected that traffic will increase over the next 10 years. Mint Hill: Lawyers Road and I-485 Small Area Plan Figure 6: Transportaon Base Map. Mint Hill: Lawyers Road and I-485 Small Area Plan Further reason to assume that traffic will increase in the SAP study is due to the planned construcon of “The Bridges at Mint Hill”. A traffic study finalized in 2006, prepared by Kubilins Transportaon Group, ancipates that the full build-out of the shopping mall will generate approximately 34,000 addional daily trips to the SAP study area. As a result of the projected increase in traffic, improvements to Lawyers Road are required prior to the shopping mall’s planned compleon. These improvements consist of roadway widening, adding traffic signals at intersecons, construcng a roundabout, and dividing the roadway with a raised center median. This raised center median will control access along the roadway, which will change travel paerns for those who typically use Lawyers Road for access to neighborhoods and developments whose driveways are not controlled by traffic signals or will not have breaks in the median. Although no transit services are currently available in the SAP study area, Charloe Area Transit System (CATS) plans for a bus stop at the future shopping mall locaon. This bus service is expected to marginally reduce the traffic volume in the SAP study area. Similarly, while there are currently no pedestrian and bicycle connecons that exist in the study area, the CTP recommends future bike and pedestrian connecons throughout the SAP study area. The plan also recommends vehicular improvements to exisng roadways such as Lawyers Road, Bain School Road, and Allen Black Road. Photo: Traffic on Bain School Road becomes congested during school hours. Photo: Thompson Road near Lawyers Road. Mint Hill: Lawyers Road and I-485 Small Area Plan Summary of Transportaon Issues and Opportunies: • Residents have noted concerns about the increase in traffic that the planned mall is ancipated to generate in the area. • Residents currently living in neighborhoods and developments along Lawyers Road, such as Country Woods, are concerned about future access to their development. • The planned mall will provide an opportunity to connect surrounding land uses via a network of bikeways and greenways, allowing for more transportaon choices. • The planned mall will provide addional transit opportunies that will be served by Charloe Area Transit System. • The CTP priorized two intersecons that experienced accidents in the study area. There may be opportunies to potenally improve these intersecons. • The planned improvements on Lawyers Road will provide more roadway capacity opportunity for the SAP study area. • The planned improvements to bike, pedestrian, and transit amenies coinciding with the mall development will provide more opportunies for transportaon choices within the SAP study area. Mint Hill: Lawyers Road and I-485 Small Area Plan UTILITIES The Town of Mint Hill has a unique locaon related to the major river basins. It is located on the ridgeline of two major river basins – the Catawba River basin and the Yadkin-Pee Dee River basin. The SAP study area falls within the Goose Creek basin, which is part of the Yadkin-Pee Dee River basin. Charloe- Mecklenburg Ulies Department (CMUD) provides water and sewer services to the Town of Mint Hill, but not all areas in the Town are currently served by CMUD for their water and sewer needs. In fact, in the Goose Creek basin very few areas are served by public water and sewer infrastructure. CMUD can only serve those properes within the Goose Creek basin that were grandfathered before the North Carolina Department of Natural Resources (NCDNR) adopted more stringent rules for this basin. The Bridges at Mint Hill mall site is one of those grandfathered properes that is scheduled to be served by CMUD with water and sewer. The Mall will have to provide its own private li staon to pump sewer into the Catawba River basin. This li staon will be allowed to serve the Mall site only. Most of the exisng low-density development within the SAP study area is currently served by private wells and sepc systems. This type of development can connue to be served in future by private wells and sepc systems without the extension of water and sanitary sewer lines as long as groundwater levels and water quality remains constant. However, recent development proposals such as The Bridges at Mint Hill mall will put more pressure on this area to become more than low-density development. Moreover, many new residents will desire public water and sewer services because of its reliability, convenience, and reasonable cost. Another benefit of installaon of public water mains and fire hydrants would be lower insurance costs due to improved fire protecon. To accommodate the increasing demand for water and sewer in addional areas of the Goose Creek basin, an Inter Basin Transfer (IBT) agreement between the two affected basins is currently under review by the North Carolina Department of Water Quality as part of an Environmental Assessment. Inter Basin Transfer agreements allow the transfer of water from one river basin to another; water that falls as rain on one watershed is transferred to an adjacent watershed to be used or treated. Currently, water transfer from the Yadkin to the Catawba River basin is allowed, but the Goose Creek basin Map: Locaon of endangered nave species Carolina Heelspli er Mussel habitat in dark blue. Past distribuon could have been as large as the light blue Catawba and Yadkin Watersheds. Image from www.NCWildlife.org. Photo: Image of endangered nave species Carolina Heelsplier Mussel. Image from Town of Indian Trail website. Mint Hill: Lawyers Road and I-485 Small Area Plan Figure 7: Major River Basins Map. Mint Hill: Lawyers Road and I-485 Small Area Plan in excluded from the current IBT ruling due to the presence of the Carolina Heelsplier Mussel habitat in Union County. This means that CMUD cannot pump any wastewater from the Goose Creek basin into the Catawba basin for its treatment at the McAlpine Wastewater treatment plant near Pineville, NC, nor can they pump any water into the Goose Creek basin from the Catawba basin. If the exclusion of Goose Creek basin from the IBT ruling is lied, CMUD could serve areas other than just the mall site with water and sewer. This water would be discharged into the Catawba River; ulmately reaching the Atlanc Ocean from the Catawba/Santee River system instead of the Yadkin/Pee Dee River system. Another issue that may impact future growth and development, not only for the Small Area Plan study area but also for the enre Town, is a boleneck in the sewer line along Irvin Creek near the US-74 highway. The pipe size of the sewer line through the US-74 highway and north of US-74 is smaller than the pipe size in the southern side. This means that even though McAlpine Creek Waste Water Treatment Plant (WWTP) has sufficient capacity, the pipe size on the northern side could become a restricve factor. To overcome this, CMUD is planning to upgrade the pipe size through the US-74 highway. This planned improvement is in the Capital Improvement Plan (CIP) of CMUD, and is planned to be completed in the 2013 to 2015 meframe. Currently, the mall site is grandfathered from the exclusion of Goose Creek basin from the Inter Basin Transfer agreement. The mall developer, therefore, is allowed to build a li staon to serve the mall development. However, should the Goose Creek basin exclusion be lied, CMUD would need their own li staon at, or near close vicinity of, Stevens Creek Nature Preserve. To avoid potenal redundancy in infrastructure, CMUD’s li staon could be built instead of a li staon at the mall site. This new li staon could then serve the Goose Creek basin by connecng to the east side of I-485 along Stevens Creek to the mall site or along an exisng sleeve between Allen Black Road and the mall site. Once the US-74 boleneck is fixed, and the exclusion of Goose Creek from the IBT process is lied, the Small Area Plan study area will be open for future development that could be served by public water and sewer. Summary of Ulies Issues and Opportunies • The Bridges at Mint Hill Mall has the water and sewer capacity for its operaons; grandfathered in before the adopon of more stringent rules for the Goose Creek watershed by the NCDNR. • Most of the area surrounding the mall site is not serviced by CMUD water and sewer because the Goose Creek basin is currently excluded from the Inter Basin Transfer (IBT) cerficate. It currently handles its water via private wells and sepc systems. • There will be increased desirability for a public water and sewer system due to its convenience, reliability, reasonable cost, and benefits related to lower insurance cost. • There is a sewer line boleneck along Irwin Creek; the creek flows north to south and the pipe size on the north side of US-74 is larger than the pipe size on the south side. CMUD has plans to upgrade the south side pipe in its Capital Improvement Plan, and will occur around 2013-2015. Mint Hill: Lawyers Road and I-485 Small Area Plan MARKET ANALYSIS ERA, a division of AECOM, is part of HNTB team that assisted the Town in analyzing, evaluang, and projecng the economic and market potenal for this Small Area Plan. HNTB team, along with ERA, is also assisng the Town of Mint Hill with the development of the Town’s Comprehensive Land Use Plan (CLUP) and market analysis for both the projects are done simultaneously. This joint effort has helped in data collecon effort, its analysis and understanding key trends that will affect the SAP study area and CLUP study area. Two levels of analysis are conducted during the Issues and Opportunies phase of the SAP process - Demographic and Economic Analysis, and Real Estate Market Analysis. Demographic and Economic Analysis (Appendix A Tables 1-23 and Figures 1-15) Demographic and Economic Analysis is conducted to understand the long-term drivers of growth such as populaon and household projecons, current and future employment projecons, retail spending and household income, and presence of various industries in Mint Hill. This analysis will partly inform the future demand for various types of uses within the SAP study area. ERA examined demographic and economic condions across a range of indices, focusing on those factors that fuel demand for real estate. To beer understand these demographic and economic condions, ERA ulized a number of public and private data sources in their research, including the US Census Bureau; the US Bureau of Labor Stascs; Woods and Poole; Claritas; the Employment Security Commission of North Carolina; ESRI Business Analyst; Charloe Regional Visitors Authority; and Mecklenburg-Union Metropolitan Planning Organizaon (MUMPO). The Demographic and Economic Profile analyzes four geographic areas as shown in the graphic below: • SAP Study Area • Comprehensive Land Use Plan (CLUP Study Area – Town’s jurisdicon and Extra Territorial Jurisdicon (ETJ) combined • Mecklenburg County • Charloe Metropolitan Stascal Area (MSA) Key findings from the Demographic and Economic market analysis are summarized in the following pages and relevant data is detailed in the tables in Appendix A. Appendix A Figure 1. Market Sectors analyzed in the Demographic and Economic Market Analysis performed by ERA, a division of AECOM. Mint Hill: Lawyers Road and I-485 Small Area Plan • According to the MPO, the Small Area Plan study area’s current populaon is almost 1,480 residents. ESRI Business Analyst esmates the SAP study area’s populaon to be lower at almost 1,180 residents. Between 2009 and 2030, the MPO esmates that the SAP study area’s populaon will increase by over 2,100 residents, which is a compounded annual growth rate of over four percent. The SAP study area’s populaon is projected to grow at a faster rate than the CLUP study area and the County, with a projected annual growth rate of 3.3 percent and 1.6 percent, respecvely, during this same me period. • The SAP study area’s populaon accounts for 5.4 percent of the CLUP study area’s total populaon; this is considered the “fair share.” Notably, the SAP study area’s share of CLUP study area’s populaon is projected to increase, and is likely to increase to 6.6 percent by 2030. • Within the CLUP study area, the number of owner- occupied housing units is expected to increase almost 13 percent over the next five years. Within the SAP study area, owner-occupied housing units are expected to increase much more quickly at over 19 percent during this same me period. The increase in rental-occupied housing units in the CLUP study area is consistent with the rate of increase within the County and the MSA, averaging approximately 14 percent over the next five years. • Almost 21 percent of residents within the SAP study area are under 14 years old. Demographic forecasts suggest that within the SAP study area, those aged 65-74 years will increase over 44 percent over the next five years, which is consistent with projected demographic forecasts throughout the County. • Within the SAP study area, almost 26 percent of residents have either a Bachelor’s or Graduate/ Professional Degree. Comparavely, 39 percent of residents in the County and 30 percent of residents in the MSA and hold one of these two degrees. This data indicates that the SAP study area has the potenal for more dense development than it currently contains. With appropriate design guidelines and managed through a planned-unit development (PUD) process, the CLUP study area may benefit from the forecasted populaon increases in the SAP study area by implemenng guidelines that urge development in a well-planned manner. With an increase of owner-occupied housing units and large increase in residents age 65-74 years old, these forecasts suggest opportunies for potenal market support for new housing oriented to new, high-quality residenal development and age-target housing. Mint Hill: Lawyers Road and I-485 Small Area Plan • The SAP study area’s median household income—a key measure in understanding disposable income available for discreonary retail spending—is expected to increase over the next five years to over $84,500. In the CLUP study area, the median household income is expected to grow almost eight percent over the next five years to over $75,000. • Within the SAP study area, over the next five years, the number of households earning between $75,000 and $99,999 will increase over 59 percent (51 households). In the CLUP study area, the number of households earning over $100,000 is expected to jump by over 13 percent (368 addional households), which could be expected to enhance retail goods and services spending potenals. • SAP study area households spend on average over $85,000 per year on household expenditures, which is approximately $10,000 more than annual average household expenditures in the CLUP study area. The highest expenditure category for households is retail goods, which accounts for over 37 percent of total household expenditures. • Sales among CLUP study area retailers in 2009 totaled $181.5 million across various retail categories. CLUP study area residents spent $214.8 million in 2009 on the same retail categories. This suggests CLUP study area residents are leaving the CLUP study area to shop, indicang a loss of approximately $33.3 million in retail sales. • The five retail sectors in the CLUP study area that are experiencing leakage (i.e., household spending is being spent at retailers outside the study area) are Apparel & Accessories (i.e., clothing, footwear, jewelry, etc), Furniture and Home Furnishings (i.e., furniture, home furnishings, home centers, etc), Food & Beverage (i.e., eang places, drinking places), Leisure and Entertainment (i.e., books, sporng goods, toys), and General Merchandise (i.e., department stores, etc). This suggests that household spending (demand) by CLUP study area households is greater than sales (supply) in these sectors. CLUP study area residents are underserved in these core retail categories. This data indicates that per household retail support within the SAP study area is greater than in the CLUP study area, with a forecasted median household income in the SAP study area almost 13 percent greater than within the CLUP study area. Throughout the CLUP study area, household spending paerns indicate that there is a lack of retail establishments, with CLUP study area household spending leaking to neighboring areas. This informaon implies that there is a demand for addional retail within the CLUP study area. These data do not include projected retail sales from planned, but not constructed or completed, retail spaces such as the Bridges project. Mint Hill: Lawyers Road and I-485 Small Area Plan Another crical factor informing demand for commercial “workplace” real estate such as office buildings, retail centers and industrial parks, is employment growth. Key findings are highlighted below. • According to the Mecklenburg-Union MPO, the CLUP study area has a current job base of over 6,800. Forecasts suggest that the CLUP study area will add over 2,650 new jobs by 2015 and over 7,800 addional new jobs between 2015 and 2030. The SAP study area is expected to add almost 1,200 new jobs by 2030. • The CLUP study area jobs-to-household rao is 0.64. This rao is expected to increase to 0.68 by 2015. Based on data provided by the Mecklenburg-Union MPO, the jobs-to-household raos in neighboring areas in 2015 are expected to be significantly higher, with a rao of 1.78 in Davidson, 1.83 in Mahews, and 3.46 in Pineville. • Countywide, the largest gains in employment are expected in Services, which includes occupaons in lodging/hospitality, educaon, medical, and professional and business services such as legal and engineering; State and Local Government; and Finance, Insurance, and Real Estate. • According to ESRI Business Analyst, the unemployment rate in the SAP study area is 10.7 percent, up from 2.3 percent in 2000. This percentage is expected to decrease by 2014 to 7.3 percent. This spike in unemployment from 2000 is consistent with the unemployment increases countrywide. This data indicates that with an increase in an employment, there is demand for addional office space within the CLUP study area. A poron of this demand may be met in the SAP study area. A locaon quoent is an economic indicator that indicates the relave concentraon, based on employment, of an “industry cluster” in a parcular geography. Locaon quoents greater than one suggest that the industry is more highly concentrated in the area as compared to naonal averages. This analysis compares the relave strengths of specific sectors in Mecklenburg County, Charloe MSA, and the State of North Carolina against the naonal averages. • On average, industries in Mecklenburg County vary in their performance versus industries naonwide and statewide, with a low of 0.14 in Natural Resources and Mining to a high of 1.76 in Financial Acvies. Mecklenburg County also exhibited strength in Professional and Business Services (1.40), Informaon (1.38), and Construcon (1.06) in 2008. • Between 2001 and 2008, Mecklenburg County strengthened its compeve posion in a number of industries, most notably Financial Acvies (+0.40), Leisure and Hospitality (+0.07), and Educaon and Health Services (+0.05). By contrast, its compeve posion declined in Professional and Business Services (-0.15), Manufacturing (-0.08), and Trade, Transportaon, and Ulies (-0.06). Mint Hill: Lawyers Road and I-485 Small Area Plan The Charloe Regional Visitors Authority tracks visitor data and behavior/spending paerns for the Charloe MSA. Relevant findings are summarized below. • In 2008, the Charloe MSA welcomed 18.05 million visitors, of which almost 39 percent stayed in a hotel/ motel. Though the number of visitors has increased since 2001, the number of visitors declined by almost four percent between 2007 and 2008, with visitor spending during this same me period declining by over nine percent. • In 2008, almost 6.6 million roomnights were occupied by visitors, of which almost 47 percent were occupied by business travelers and 29 percent were occupied by leisure travelers. However, 53 percent of total visitor spending was from leisure travelers, with only 18 percent from business travelers. • In 2008, 77 percent of visitors stated “leisure” as the primary purpose of their trip while 18 percent of visitors stated business meeng. An addional five percent of visitors stated “conference/convenon” as the purpose of the trip. • Visitors to the Charloe MSA in 2008 spent $3.4 billion on expenditures. The average visitor spending was $463. Almost one-third of visitor spending was on lodging and approximately one-quarter was on eang and drinking. • Almost 23 percent of visitors to the Charloe MSA are from North Carolina. Approximately 12 percent and nine percent, respecvely, are from South Carolina and Florida. • Visitors to the Charloe MSA parcipate in a variety of acvies. Most popular are vising relaves (26 percent of visitors), vising friends (23 percent of visitors), and shopping (19 percent of visitors). Visitor data suggests that the CLUP study area may have potenal for lodging in the future. Hotel development may be concentrated at interstate interchanges to appeal to highway-oriented business travelers and families. Mint Hill: Lawyers Road and I-485 Small Area Plan Real Estate Market Analysis (Appendix B Tables 1-17 and Figures 1-7) Real Estate Market Analysis includes a review of recent and current market condions across a range of real estate sectors. This analysis examines market characteriscs across for-sale and for-rent housing, office, retail, industrial, and hotel uses to understand recent and current market condions and trends. This analysis will also inform the future demand for various types of uses within the SAP study area. ERA analyzed various indices, such as building permit acvity, for-sale and for-rent residenal comparables, commercial leasing/absorpon acvity and rents, and other appropriate market characteriscs and supply and demand factors as they affect the SAP study area, the Comprehensive Land Use Plan (CLUP) study area, and countywide development potenals for various uses as a means of guiding specific iniaves and strategies for the SAP. To esmate the depth of market support for specific sectors in the SAP study area, ERA examined recent and current market condions, focusing on those factors that fuel demand for real estate. Current real estate condions may seem to be in conflict with long term demographic and economic trends in the area. The reader should take into account that the data collected reflects recent real estate market condions and that the demographic and economic trends reflect growth over a longer period of me. Current local, regional and naonal real estate condions have been negavely impacted by the economic downturn (which was, in a large part, real estate-driven) and have resulted in reduced absorpon of spaces for a variety of land uses. These condions should be considered short-term. Longer term demographic and economic projecons suggest that Mint Hill’s real estate surplus will be absorbed early in the planning me horizon as the economic recovery builds. As condions return to “normal” and local growth paerns resume, Mint Hill should connue to be posioned for real estate development and redevelopment opportunies. ERA ulized a number of public and private data sources in our research, including the U.S. Department of Housing and Urban Development; ESRI Business Analyst; Town of Mint Hill Planning and Zoning; CoStar Property; and Smith Travel Research. The Real Estate Market Overview analyzes four geographic areas: • SAP study area • CLUP study area • Mecklenburg County • Charloe MSA Note that CoStar Property does not track any reporng office, retail, or industrial uses within the SAP study area. Therefore, the analysis of these land uses will primarily focus on the CLUP study area. Key findings are summarized in the following pages and relevant data is detailed in Appendix B. Appendix B Figure 1. Market Sectors analyzed in the Real Estate Market Analysis performed by ERA, a division of AECOM. Mint Hill: Lawyers Road and I-485 Small Area Plan • Reported building permits indicate that Mecklenburg County issues an average, since 2000, of over 8,550 single-family and almost 4,200 urban- residenal permits annually. • In 2008, 64 percent of Countywide permits were issued for urban-residenal units. Between 2000 and 2007 however, only 31 percent of permits in Mecklenburg County were issued for urban- residenal units. There has been a general decline in single-family permits issued since 2006. • The number of building permits issued countywide has decreased almost 50 percent since peaking in 2006. • In 2000, over 97 percent of housing units in the SAP study area were single-family detached structures. Within the CLUP study area, more than 84 percent of housing units were single-family detached structures. • Based on 12 selected comparables, the average asking sale prices for single-family units within the CLUP study area is $224,000, with an average cost of $82.20 per square foot. • Based on seven selected comparables, average asking for-sale prices for urban-residenal units within the CLUP study area is $183,000, with an average cost of $102.78 per square foot, over 25 percent more than the single-family per square foot cost. This may be aributed to the fact that several of the urban-residenal units in the sample were delivered in 2009, and therefore have a higher per square foot cost than some of the older properes. Based on selected comparables, the average rent for a one-bedroom unit ranges from $490 per month to $750 per month, resulng in an average of a $0.70 per square foot to $1.05 per square foot rent. Average rent for a two-bedroom ranges from $695 per month to $820 per month, resulng in an average of a $0.70 per square foot to $1.20 per square foot rent. Average rent for a unit larger than two-bedrooms range from $865 per month to $1,030 per month, resulng in an average of $0.65 per square foot to $1.10 per square foot rent. The selected urban- residenal rental comparables are located outside the CLUP study area boundaries. Based on these available data, it may be assumed that there is a shortage of new urban-residenal housing units available within the CLUP and SAP study area. With the countywide shi in the increase in urban- residenal permits issued, this could indicate a demand for smaller, less expensive units. Data from the Demographic and Economic Profile indicates that the SAP study area has the potenal for more dense development than it currently contains. With appropriate design guidelines and managed through a planned-unit development (PUD) process, the Town of Mint Hill may benefit from the forecasted populaon increases in the SAP study area by implemenng guidelines that urge development in a well-planned manner. With an increase of owner-occupied housing units and large increase in residents age 65-74 years old, these forecasts suggest opportunies for potenal market support for new housing oriented to new, high- quality residenal development and age-restricted housing. Mint Hill: Lawyers Road and I-485 Small Area Plan The Commercial Overview includes office, retail, and industrial/flex uses within the CLUP study area. • The CLUP study area contains over 370,000 square feet of office space, 847,000 square feet of retail space, and 431,000 square feet of industrial/flex space. • Within the CLUP study area, absorpon has been posive in 2009, with over 16,500 square feet for office space, 8,400 square feet for retail space, and 1,700 square feet for industrial/flex space. Absorpon is defined as the integraon of space into the market, with space that has been leased or occupied “absorbed.” A posive absorpon indicates posive leasing acvity. • Current vacancy rates for office, retail, and industrial/flex space within the CLUP study area are 10.3 percent vacancy in office space, 11 percent vacancy in retail space, and a 6.7 percent vacancy in industrial/flex space. • Current rental rates for office space average $25.56 per square foot, significantly decreasing to $10.52 per square foot for retail space and $8.73 per square foot for industrial/flex space. Data in the Demographic and Economic Profile indicate that retail support within the SAP study area is greater than within the CLUP study area on a per household basis, with a forecasted median household income in the SAP study area almost 13 percent greater than within the CLUP study area. Throughout the CLUP study area, household spending paerns indicate that there is a lack of retail establishments, with CLUP study area household spending leaking to neighboring areas. This informaon implies that there is a demand for addional retail within the SAP study area. Based on the large amount of exisng retail space and current high retail vacancy rates within the CLUP study area, this appears that the available space is not being ulized to its highest and best use and may provide a good redevelopment opportunity. This data does not include projected retail sales from planned, but not constructed or completed, retail spaces such as the Bridges project. • The CLUP study area contains 370,000 square feet of office space in 36 office buildings—comprising less than one percent of the county total of 72.9 million square feet of office space. • CLUP study area office leasing acvity (“net absorpon”)—a barometer of the overall health of an office market—has averaged 11,300 square feet per year since 2004. Leasing acvity countywide has averaged 1.4 million square feet per year. • Average annual office vacancy rates since 2004 in the CLUP study area (13.7 percent) are higher than average annual vacancy rates during this same period countywide and in the MSA, where vacancy rates averaged 11.6 percent and 10.8 percent, respecvely. • Average office rents in the CLUP study area ($22.03 per square foot) are higher than rents countywide and in the MSA, where rental rates averaged $18.80 Mint Hill: Lawyers Road and I-485 Small Area Plan and $18.54, respecvely, since 2004. Office rents in the CLUP study area have increased $6.81 per square foot since 2004. • Based on seven selected comparables, the average rental price for office space within the CLUP study area is $11 per square foot, with an average vacancy rate of nine percent. The difference in rental prices for the selected comparables and CoStar Property data could be aributed to the class of office space and the year of delivery of the properes surveyed for the comparable properes. Almost 20 percent of properes surveyed by CoStar Property were delivered in the last two years, therefore resulng in a higher rent. The small amount of office space inventory and the high office vacancy rate within the CLUP study area may indicate that under current condions there is limited office demand. With an increase in density and development of the areas surrounding the interchanges, there may be an increase in future office demand within the SAP study area. • The CLUP study area contains 847,000 square feet of retail space in 89 properes—comprising 1.4 percent of the county total of 61.4 million square feet of retail space. • CLUP study area retail leasing acvity (“net absorpon”) has averaged 7,400 square feet per year since 2004. Leasing acvity countywide has averaged 1.1 million square feet per year. • Average annual retail vacancy rates since 2004 in the CLUP study area (9.9 percent) are higher than average annual vacancy rates during this same period countywide and in the MSA, where vacancy rates averaged 6.9 percent and 5.6 percent, respecvely. • Average retail rents in the CLUP study area ($11.33 per square foot) are lower than rents countywide and in the MSA, where rental rates averaged $13.90 and $13.51, respecvely, since 2004. Retail rents in the CLUP study area have increased $2.51 per square foot since 2006. • Based on seven selected comparables, the average rental price for retail space is $15 per square foot. This average includes Mint Hill Village, where retail rents average $20 per square foot. Based on the large amount of retail space and high retail vacancy rates within the CLUP study area, this appears that the available space is not being ulized to its highest and best use and may provide a good redevelopment opportunity. Mint Hill: Lawyers Road and I-485 Small Area Plan • The CLUP study area contains 431,000 square feet of industrial/flex space in 22 properes—comprising 0.3 percent of the county total of 144.1 million square feet of industrial/flex space. • CLUP study area industrial/flex leasing acvity (“net absorpon”) has averaged only 310 square feet per year since 2004. Leasing acvity countywide has averaged 1.2 million square feet per year. • Average annual industrial/flex vacancy rates since 2004 in the CLUP study area (7.4 percent) are lower than average annual vacancy rates during this same period countywide and in the MSA, where vacancy rates averaged 8.8 percent and ten percent, respecvely. • In 2009, the only reported year, industrial/flex rents in the CLUP study area ($8.73 per square foot) are lower than rents countywide and in the MSA, where rental rates averaged $4.68 and $4.27, respecvely, since 2004 ERA examined trends in the hotel/lodging market for selected properes near the CLUP study area in Mecklenburg, York County, and Union County by analyzing market performance data provided by Smith Travel Research (STR), which tracks hotel market trends across the United States. ERA analyzed market performance for 33 properes containing 3,440 hotel rooms within Mecklenburg, York, and Union County. Note that not all hotel properes within these counes were included in the study, rather just the properes in areas that are comparable to the CLUP study area. Relevant findings are summarized below. • Market performance of selected properes has fluctuated over the last six years. While supply (i.e., number of rooms) has increased because of new construcon, occupancy has been uneven—ranging from a low of 58 percent in 2003 to a high of 69 percent in 2007. • Current annual occupancies of 62.7 percent are below the threshold to support new hotel development, as the capital markets seek minimum sustained annual occupancies of 70 to 72 percent before providing financing for new hotel construcon. (Financing agreements for recent new construcon were secured several years ago when the market was stronger). • Other key barometers of market performance include average daily rate (ADR) and revenue per available room (REVPAR). ADRs have increased at an average pace of 6.6 percent per year, and revenue per Mint Hill: Lawyers Road and I-485 Small Area Plan available room, which is the best measure of year- to-year growth because it considers simultaneous changes in both room rate and annual occupancy levels, has increased 8.4 percent per year since 2003. As noted previously in the visitor secon of the Demographic and Economic Profile, visitor data suggests that Mint Hill may have potenal for lodging in the future if tourism increases. Hotel development may be concentrated at interstate interchanges to appeal to highway-oriented business travelers and families. New hotel development financing may be conngent on improved sustained occupancy levels or large-scale development, such as a regional mall or large office development that would serve as a driver of room demand to the hotel market. Area hotel occupancies were rising prior to the recent economic downtown and, upon recovery, may be able to connue to increase. Timing of any new hotel development will likely be influenced by improved business condions in the area and naonal hotel trends. Summary of Issues and Opportunies: • Small Area Plan (SAP) study area forecasts suggest opportunies for potenal market support for new housing oriented to new, high-quality residenal development and age-restricted housing. • Per household retail support within the SAP study area is greater than the CLUP study area. In the CLUP study area, household spending paerns indicate that there is a lack of retail establishments, with CLUP study area household spending leaking to neighboring areas. This informaon implies that there is a demand for addional retail within the CLUP study area. • Among all Mecklenburg County small towns, Mint Hill has the lowest jobs-to-household rao. However, future demand for employment appears to be strong with an addional 10,450 jobs projected for the CLUP study area. A poron of this demand may be met in the SAP study area. • Visitor data suggests that the CLUP study area may have potenal for lodging in the future. Hotel development may be concentrated at interstate interchanges to appeal to highway-oriented business travelers and families. Mint Hill: Lawyers Road and I-485 Small Area Plan Demand Potenal Market Analysis (Appendix C Tables 1-16 and Figure 1) The Demand Potenals Memo incorporates data gathered in the Demographic and Economic Profile and the Real Estate Market Overview. This secon examines demand potenals for for-sale and for- rent housing, office, retail, and industrial uses to understand absorpon potenal and supportable square footage. The focus of the Demand Potenals analysis is to determine the depth of market support for a mix of addional real estate development in the SAP Study Area. Current real estate condions may seem to be in conflict with long term demographic and economic trends in the area. The reader should take into account that the data collected reflects recent real estate market condions and that the demographic and economic trends reflect growth over a longer period of me. Current local, regional and naonal real estate condions have been negavely impacted by the economic downturn (which was, in a large part, real estate-driven) and have resulted in reduced absorpon of spaces for a variety of land uses. These condions should be considered short-term. Longer term demographic and economic projecons suggest that Mint Hill’s real estate surplus will be absorbed early in the planning me horizon as the economic recovery builds. As condions return to “normal” and local growth paerns resume, Mint Hill should connue to be posioned for real estate development and redevelopment opportunies. Based on our analysis of demographics and market condions, these findings and recommendaons indicate what may reasonably occur in the SAP Study Area. Demand forecasts are intended as reasonable, third-party esmates of the overall redevelopment potenal in light of current and forecast market condions as well as AECOM’s experience in redevelopment projects. AECOM ulized a number of public and private data sources in our research, including the ESRI Business Analyst; Town of Mint Hill Planning and Zoning; Woods & Poole; Claritas; Mecklenburg-Union MPO; and CoStar Property. Key findings are summarized in the following pages and relevant data is detailed in Appendix C. Mint Hill: Lawyers Road and I-485 Small Area Plan The residenal analysis presents market potenals for three types of housing—for-sale single-family, for-sale urban residenal (condominiums and townhomes), and for-rent urban residenal. From a developer’s perspecve, adding a mix of housing (potenally over mulple phases) serves to distribute investment risks across more than one product type. The planning horizon for the residenal analysis is to 2015. To calculate for-sale residenal demand potenals, three segments were idenfied: demand from new households, demand from converng renter households, and turnover from exisng owner- occupied households. AECOM defines target- market, income-qualified households as those earning more than $75,000 per year for single-family and $50,000 for urban residenal, indicang an affordability range of roughly $225,000-$300,000 per unit for single-family and $150,000-$200,000 for urban residenal. AECOM measured demand from households in two target trade areas: the CLUP Study Area and remaining areas of Mecklenburg County. This methodology is detailed below: A key source of potenal demand for residenal is generated by new or relocang households. To determine this factor, annual new households (as forecasted by ESRI Business Analyst for 2009-2014) were qualified by three factors: 1) income; 2) lifestyle characteriscs that indicate a preference for this type of housing, and 3) a propensity/preference to purchase a home. Each year, a certain proporon of renter households will move and, of those, some will decide to purchase. To evaluate demand potenals from converng renter households, a similar approach was used with slight modificaon. First, total households in the two geographies were qualified by income and renter status. Second, an esmated annual turnover rate of ten percent for single-family and 20 percent for urban-residenal was applied to those renter households. Third, a household’s propensity to buy (esmated at ten percent) served as an addional qualifier in this analysis. Similar qualifiers of income, tenure and propensity to purchase an urban-residenal or single-family home were applied to this segment. The addional qualifier includes turnover of exisng households in the two geographies. An esmated five percent of owner-occupied households will turnover their current home and buy a new home in a given year. AECOM esmates approximately 6,100 households qualify for single-family for-sale units and approximately 5,000 households qualify for urban- residenal for-sale units on an annual basis from these trade areas. The next step in this analysis is to idenfy the SAP Study Area’s capture of these target households. AECOM esmates that the SAP Study Area could capture up to eight percent for single-family and 33 percent for urban-residenal of the CLUP Study Area’s target market total annual demand and 0.25 percent for single-family and urban- residenal for the rest of Mecklenburg County’s target market total annual demand, indicang a potenal SAP Study Area annual absorpon of 30- 45 single-family for-sale units and 30-45 urban- residenal for-sale units. Mint Hill: Lawyers Road and I-485 Small Area Plan Another means of enhancing housing market potenals (and to reduce the risk of parcipang developers), is to introduce a variety of both for-sale as well as rental product into the development mix. The following examines market potenals for rental housing in the SAP Study Area. AECOM defines target-market, income-qualified households for rental residenal product as those earning more than $35,000 per year. These households include young working professionals as well as households seeking an alternave housing product, including those that are downsizing. Similar to the for-sale analysis, AECOM measured demand from two trade area geographies—the CLUP Study Area and the remaining area in Mecklenburg County. Two general renter groups were idenfied to esmate demand potenals: 1) demand generated from new households in each of these geographies and 2) demand generated by exisng renter households (i.e., turnover). The following methodology was used to idenfy potenal target demand: A key source of potenal demand for rental units is generated by new or relocang households. To determine this demand, annual new households as forecast by ESRI Business Analyst for 2009 to 2014 were qualified by three factors: 1) income; 2) propensity to rent as determined by tenure data from ESRI Business Analyst; and 3) lifestyle preference. In combinaon, these qualifying factors idenfied potenal market support from new households in both target geographies. Similar qualifiers of income, tenure, and lifestyle were applied to this segment. The fourth qualifier includes the annual turnover rate of exisng households, idenfied as 20 percent. This would include, for example, empty nester households in the study area considering downsizing and making a conscious decision to rent in a more upscale property. AECOM esmates almost 13,300 households from these two trade areas would quality on an annual basis. The next step in this analysis is to idenfy the SAP Study Area’s capture of these target households. If the SAP Study Area successfully captures 20 percent of households within the CLUP Study Area and 0.20 percent of households within the rest of Mecklenburg County, AECOM esmates that target households could generate annual absorpon in the range of 30 to 45 rental units per year or two to three units per month. Mint Hill: Lawyers Road and I-485 Small Area Plan Retail uses require a concentraon of disposable income (from nearby residents, employees), strong visibility and extensive frontage, adequate parking, a clear compeve role, and market identy. Moreover, supporng tenants oenmes require an anchor tenant—such as a grocery store—to generate traffic. The most successful urban lifestyle/ mixed-use retail projects across the U.S. contain a mix of merchandise categories—including apparel & accessories, home furnishings, food & beverage, leisure & entertainment, and general merchandise. As part of the retail demand potenals, AECOM examined two retail scenarios: • Retail demand generated from the CLUP Study Area residents and employees • Retail demand generated by a larger study area that AECOM esmates is in a reasonable drive me from the proposed Mall site and consistent with industry standards for regional retail centers. This study area is referred to as the Mall Study Area. The CLUP Study Area is experiencing an oulow of retail spending, i.e. current household spending on consumer goods by residents within the CLUP Study Area is greater than sales receipts of these same goods from stores within the CLUP Study Area. This indicates that CLUP Study Area residents are leaving the CLUP Study Area to shop, and that the CLUP Study Area can benefit from addional retail establishments. Current demand from households in the CLUP Study Area is for almost 846,000 square feet of retail space, but only the equivalent of 480,000 square feet in Appendix C Figure 1. Mall Study Area analyzed in the Demand Potenal Market Analysis performed by ERA, a division of AECOM. sales is being captured within the CLUP Study Area. As a result, CLUP Study Area residents could support approximately 350,000 square feet of addional retail space if all spending that occurs outside the CLUP Study Area is recaptured. Current CLUP Study Area retail leakage could support the following amounts: Apparel & Accessories: 36,000 Square Feet Furniture & Home Furnishings: 169,000 Square Feet Food & Beverage: 54,000 Square Feet Leisure and Entertainment: 47,000 Square Feet General Merchandise (Dept. Stores): 193,000 Square Feet Mint Hill: Lawyers Road and I-485 Small Area Plan AECOM esmates that the SAP Study Area could capture five percent of CLUP retail leakage. As a result, SAP Study Area residents could support approximately 18,200 square feet of addional retail space if all spending that occurs outside the SAP Study Area is recaptured. Based on current household spending paerns and forecasted growth in average household income, AECOM esmates that by 2015, SAP Study Area resident household spending will support over 30,000 square feet of retail space. By 2020, SAP Study Area household spending could support an addional 2,600 square feet of new retail space and by 2030, SAP Study Area household spending could support an addional 2,500 square feet of new retail space. In addion, employees working within the CLUP Study Area provide addional spending to support retail space. In total, between 2009 and 2030, resident and employee spending in the SAP Study Area can support an addional 17,300 square feet of net new retail space. Based on household and employee spending, the SAP Study Area can support approximately a total of 43,000 sq. . of retail by 2030. Current demand from households in the Mall Study Area is for 16.5 million square feet of retail space, but only the equivalent of 13.7 million square feet in sales is being captured within the Mall Study Area. As a result, Mall Study Area residents could support approximately 2.8 million square feet of addional retail space if all spending that occurs outside the Mall Study Area is recaptured. Mall Study Area retail leakage could support the following amounts: Apparel & Accessories: 315,000 Square Feet Furniture & Home Furnishings: 647,000 Square Feet Food & Beverage: 709,000 Square Feet Groceries: 128,000 Square Feet Leisure and Entertainment: 398,000 Square Feet Convenience & Service: 58,000 Square Feet General Merchandise (Dept. Stores): 543,000 Square Feet Based on current household spending paerns and forecasted growth in average household income, AECOM esmates that between 2009 and 2030, Mall Study Area household spending will support over 2.2 million square feet of addional retail space. Mint Hill: Lawyers Road and I-485 Small Area Plan Demand for commercial office development is driven by employment paerns and growth in those job sectors that occupy office space. Office workers use a variety of space depending on local market characteriscs and the type of business. For example, some office tenants are small and choose to locate in retail centers that command more foot traffic; others telecommute from home or work in industrial sengs as part of “flex-tech” buildings that provide front-end office and back-end warehouse or light industrial. To determine market demand for commercial office development in the SAP Study Area, long-term trends in employment were measured to esmate how growth in office-using jobs is most likely to translate into new office buildings. AECOM examined two office demand potenals: • Office demand generated from forecasted employment growth in Mecklenburg County based on the growth of specific industries. • Office demand growth based on total employment growth forecasted for the CLUP Study Area. Mecklenburg County is forecast to add 351,200 new jobs between 2009 and 2030. The increase in employment may translate into Countywide demand for over 32.6 million square feet of office space between 2009 and 2030. AECOM notes that this may not necessarily require all new office construcon, as some office-using jobs can be accommodated in exisng (viable) vacant space across Mecklenburg County (currently esmated at 9.7 million square feet). Using the CLUP Study Area’s fair share of 0.5 percent (the CLUP Study Area’s current capture rate), this analysis suggests that demand for new office space in the CLUP Study Area will total approximately 163,000 square feet by 2030. AECOM esmates that the SAP Study Area could capture up to 50 percent of the CLUP office demand, resulng in a total demand of 81,500 square feet of new office space by 2030 in the SAP Study Area. The Mecklenburg-Union MPO esmates that there will be 10,496 new jobs in the CLUP Study Area between 2009 and 2030. This translates into over 3,300 new office-using employees by 2030, which would require almost 672,000 square feet of addional office space in the CLUP study area. AECOM notes that this may not necessarily require all new office construcon, as some office-using jobs can be accommodated in exisng (viable) vacant space across the CLUP Study Area (currently esmated at 38,000 square feet). AECOM esmates that the SAP Study Area could capture up to 33 percent of the CLUP office demand, resulng in a total demand of 222,000 square feet of new office space by 2030 in the SAP Study Area. Mint Hill: Lawyers Road and I-485 Small Area Plan Variaons on office demand potenal occur due to the methodology used and potenal capture geographies and percentage of capture applied. In most growth scenarios for the CLUP Study Area, 672,000 is likely to be an over-aggressive projecon. Due to land area limitaons, current restricted access to sufficient water and sewer capacity, height restricons and density limitaons and traffic circulaon needs, it is doubul that the CLUP Study Area could accommodate, let alone absorb, so much space. To capture a greater amount of square feet, zoning would have to be relaxed, a more complex traffic grid would be needed, and one or more major economic drivers will need to be in place. A major corporate, educaonal, government or instuonal office space user located in Mint Hill could create demand for addional office space than would normally locate in the town. As there are two primary areas that could receive large office campuses, the downtown and SAP Study Area are the likely locaons for office expansion. By seng the SAP Study Area capture of total office demand at 33 percent, AECOM has conservavely esmated 222,000 square feet. The lower numbers of 163,000 square feet by 2030 for the CLUP Study Area and 81,500 square feet of new office space by 2030 in the SAP Study Area should be easily accommodated within a low growth scenario that does not expand office zoning or encourage much addional growth beyond what would naturally occur. These smaller office space amounts should be achieved within current zoning and economic trends. Demand for industrial development is driven by employment paerns and growth in those job sectors that occupy industrial/flex space. To determine market demand for industrial/flex development in the CLUP Study Area, long-term trends in employment were measured to esmate how growth in jobs needing industrial space are most likely to translate into new industrial space. Mecklenburg County is forecast to add 351,200 new jobs between 2009 and 2030. The increase in employment may translate into Countywide demand for almost 26.2 million square feet of industrial/ flex space between 2009 and 2030. AECOM notes that this may not necessarily require all new construcon, as some industrial/flex-using jobs can be accommodated in exisng (viable) vacant space across Mecklenburg County (currently esmated at 13.2 million square feet). Using the CLUP Study Area’s fair share of 0.3 percent (the CLUP Study Area’s current capture rate), this analysis suggests that demand for new industrial/flex space in the CLUP Study Area will total approximately 78,500 square feet by 2030. AECOM esmates that the SAP Study Area could capture up to one percent of the CLUP industrial/flex demand, resulng in a total demand of almost 1,000 square feet of new industrial/flex space by 2030 in the SAP Study Area. Mint Hill: Lawyers Road and I-485 Small Area Plan Chapter 4: Process and Analysis Mint Hill: Lawyers Road and I-485 Small Area Plan CHARRETTE As menoned in the Public Parcipaon secon, an intense three-day design workshop called a “charree” was organized at the beginning of the planning process aer inial data about the study area was collected, analyzed, and mapped. The purpose of this charree was to engage the public in the planning process and create a plan with them. Geng the buy-in from town-residents, especially those living within the study area, right from the beginning of the process was crical for the overall success of the plan. To iniate discussions, and to have a meaningful dialog at the start of the design charree, three disnct framework ideas were deliberated. These framework ideas evolved into three disnct scenarios (see next page for graphics) ranging from – • Primarily low-density residenal development around the planned mall • Mix of civic and instuonal uses, with some residenal development, around the planned mall • Mix of major employment (primarily office), civic, mix of residenal (ranging from urban to single family residenal) around the planned mall Over 200 residents, who parcipated in the three- day charree, created more scenarios, which were different rendions of those discussed above. They finally seled on the one that had a set of intense uses, in the form of office, civic, instuonal, more retail, and mix of residenal, around the planned mall. There was an extraordinary level of consensus behind this ‘preferred concept’, and almost everybody supported it. Chapter 4: Process and Analysis Photo: The three day charree began with the presentaon of three different scenarios to the project advisory commiee Photo: These scenarios were then discussed, altered, and refined in a public workshop seng with the Town residents Mint Hill: Lawyers Road and I-485 Small Area Plan Figure 9: Opon 2 Graphic: Mix of civic and instuonal uses, with some residenal development, around the planned mall Figure 10: Opon 3 Graphic: Mix of major employment (primarily office), civic, mix of residenal (ranging from urban to single family residenal) around the planned mall Figure 8: Opon 1 Graphic: Primarily low-density residenal development around the planned mall Mint Hill: Lawyers Road and I-485 Small Area Plan Photo: Three consecuve public workshops were conducted on the evening each day to discuss progress and seek input from the public Photo: Hands on exercises were conducted where town residents voiced their opinions about nature, scale, and design of growth and development Figure 11 on page 52 shows the preferred concept that came out of the 3-day charree. Figure 12 on page 53 shows the arrangement of land uses for this concept. Having a clear and well supported vision is important for any plan, but it needs to be appraised against the reality of market demand and the desire of the community to work towards its realizaon. To understand the demand over the next 20 years for the various types of uses, a detailed market analysis was conducted. A detailed descripon of this market demand is located in the preceding secon and in Appendix C. The results of this market demand analysis were assessed against the preferred concept plan that emerged from the three-day design charree. It became clear that the SAP study area can reasonably expect to receive some residenal, some addional retail, and some employment based on past trends. However, to realize the vision created in the preferred concept, the Town will need to take a proacve approach in markeng and recruing a major employer. This choice – to accommodate moderate growth as espoused by the market demand versus proacvely recruing a major employer into the study area - was presented to the Town leadership and the advisory commiee. Aer geng agreement from the advisory commiee and town leadership, and providing a raonal basis for decision making, a detailed set of analyses was conducted to understand the impact of the preferred concept on various aspects such as fiscal, traffic, and land use. The preferred concept was also refined to ensure the accuracy of the above menoned analysis. Mint Hill: Lawyers Road and I-485 Small Area Plan Figure 11: Aer three public workshops on each day of charree and constant refinement of inial scenarios, a preferred concept emerged Mint Hill: Lawyers Road and I-485 Small Area Plan Figure 12: Land Use distribuon of the preferred concept. Mint Hill: Lawyers Road and I-485 Small Area Plan Furthermore, in order to compare the fiscal, traffic, and land use impact of the preferred concept on the SAP study area, two other profiles were considered. It is important to note that the public support and consensus was behind the preferred concept, and that use of other profiles was purely to provide raonal basis for comparison. All three profiles, including the preferred concept, were – • Current state – This scenario assumed roughly 770 residenal units • Market Demand - This scenario assumed roughly 1500 residenal units, the planned mall, roughly 43,000 sq of addional retail, and roughly 82,000 sq of office • Employment Center (Preferred Concept) – This scenario assumed roughly 1500 residenal units, planned mall, roughly 200,000 sq of addional retail, and 1,250,000 sq of office FISCAL IMPACT ANALYSIS The purpose of conducng a detailed Fiscal Impact Analysis was to understand how much facilies and growth paerns in the preferred concept plan will affect the cost of public facilies and personnel and impact the Town revenues. The fiscal impact assessment addressed the cost of public facilies to serve current and projected demands, analyze costs associated with staffing and operang new facilies, and analyze the revenue generang potenal from development of planned uses under a build-out scenario. A detailed descripon of the Fiscal Impact Analysis can be found in Appendix D. A summary of this analysis is outlined in this secon. In 2010, approximately 91% of the town’s real property tax base is residenal. Increasing commercial and office properes eases the town’s dependence on residenal property taxes. As show n in Figure 13, the Employment Center profile (Preferred Concept) provides the greatest diversificaon of the tax base and decreases the residenal poron from 91% to 76%. The Employment Center (Preferred Concept) also creates the most significant net annual fiscal benefit. Whereas the Current State produces a breakeven net annual impact, the Market Demand profile generates an annual net posive impact of $91,000 while the Employment Center (Preferred Concept) generates an annual net posive impact of $596,000. Figure 13: This graph shows expected percentage of residenal poron of Mint Hill’s tax base for the three scenarios. The green bar shows percent residenal tax base of all three profiles in 2030. As per the graph, tax burden on residenal uses is least for “employment center” profile. Figure 14: A comparison of annual net fiscal impact for the three profiles. As per the graph, the Town will have slightly negave net fiscal impact for the “current state”, and roughly $600,000 of posive net fiscal impact for the “employment center” profile. Net fiscal is the difference between the revenue generated by the proposed uses and the expenses incurred to serve those uses. Mint Hill: Lawyers Road and I-485 Small Area Plan TRAFFIC IMPACT ANALYSIS The purpose of the traffic impact analysis was to understand the impact on future traffic paerns due to the set of uses proposed in the preferred concept. It is important to keep in mind that growth and development is expected to happen within the SAP study area and beyond. This expectaon is supported by the Regional Travel Demand model, which is created and maintained by Mecklenburg Union Metropolitan Planning Organizaon (MUMPO). This Regional Travel Demand Model assigns future vehicular trips based on recent trends, zoning and land use regulaons, upcoming developments that are in the pipeline, modal-splits, and long term growth based on census trends. Since the SAP study area borders one of the fastest growing counes in the state, and is part of a growing area itself, the traffic through the study area is expected to increase due to the overall growth of the area surrounding the SAP study area. This growth means that the exisng roadway system will be burdened with addional trips in the future, even without any significant development around the planned mall site. The preferred concept will add more trips on the exisng roads, but these addional trips will be only slightly more than the addional trips on these roadways due to the natural growth in the surrounding areas. This is illustrated in the two graphs for the two major roads in the study area – Lawyers Road and Fairview Road (Hwy 218). Figure 15 shows the projected traffic on the two roads for different profiles discussed before. Number of vehicles per hour for Current State is shown in blue. Increase in number of vehicles per hour for 0 1000 2000 3000 4000 5000 6000 Lawyers road Fairview Road (NC 218) Ve h i c l e s p e r h o u r Expected Traffic increases for Lawyers Road and Fairview Road Employment Center Market Demand Current State (low density development only) Figure 15. Expected traffic increases at two locaons for each of the three scenarios. Market Demand profile is shown in red, and, increase in vehicles per hour due to Employment Center profile is shown in green. This figure illustrates that even though the Employment Center profile will increase the number of vehicles on both of these major thoroughfares, it is only marginally more than increase in traffic due to the overall growth in the SAP study area. For a detailed descripon of the Traffic Impact Analysis, please see Appendix E. Mint Hill: Lawyers Road and I-485 Small Area Plan LAND USE IMPACT ANALYSIS As discussed before, proposed land uses for all three profiles were markedly different. The Current State profile assumed roughly 770 residenal units around the planned mall. The Market Demand profile assumed 1,500 residenal units, 43,000 sq of retail in addion to the planned mall area, and office space of roughly 82,000 sq . The Employment Center profile, which is also the preferred concept, assumed 1,500 residenal units, 200,000 sq of retail in addion to the planned mall area, and 1.25 million sq of office space. Clearly, the intensity of uses will increase from the Current State profile to the Employment Center profile. This increase in intensity will have an impact on the fiscal make up of the Town and future traffic condions, as discussed above. However, it will also shape quality of life for current and future town residents. Having primarily residenal development around the planned mall, as assumed in the Current State profile, will not provide opportunies for future employment, any mix of uses, civic amenies, nor an ability to live, work, and play in close proximity to each other. On the other hand, a mix of uses, especially employment opportunies close to the mall, as discussed in the Employment Center profile, will provide opportunies to live and work in close proximity and enjoy the shopping experience offered by the planned mall. One of the concerns expressed by many during the SAP planning process was how the preferred concept (Employment Center profile) will affect the growth and development of downtown Mint Hill. Many viewed downtown Mint Hill as being in its infancy, but growing in the right direcon. The Town, during the entlement process of approving the planned mall, made sure that none of the uses proposed in the mall will directly compete with future uses that could come to the downtown. This was done to protect the vibrancy and viability of downtown Mint Hill. The layout of the Preferred Concept is based on the same premise that downtown Mint Hill should not be adversely affected by any new development in the Town. To ensure such balance is maintained, proposed uses in the Preferred Concept are selected that will typically not come to downtown sengs. Office parks, public schools, a conference center, and a YMCA type facility are all suited for the area adjacent to the planned mall and should not affect the growth of downtown Mint Hill. In many ways, having a significant regional desnaon near downtown Mint Hill can provide more exposure to the town center. Mint Hill: Lawyers Road and I-485 Small Area Plan PROCESS AND ANALYSIS SUMMARY Aer analyzing the impacts on fiscal composion, traffic condions, and land use, the advisory commiee and residents of the Town decided to move ahead with the Preferred Concept. The Preferred Concept provided the balance between aracng jobs and employment to the Town without aracng the excessive retail development that typically follows a major retail desnaon such as a regional mall. The Preferred Concept also provided an opportunity to diversify the Town’s tax base by taking some of the tax burden from residenal development and distribung it over proposed office and non- residenal development. The next secon will describe the Final Small Area Plan that emerged from the Preferred Concept along with the specific recommendaons and implementaon strategies to bring the plan to fruion. Mint Hill: Lawyers Road and I-485 Small Area Plan Chapter 5: Small Area Plan Mint Hill: Lawyers Road and I-485 Small Area Plan Chapter 5: Small Area Plan GOALS Based on the input received during stakeholder interviews, advisory commiee meengs, the three- day charree, and a detailed invesgaon of issues and opportunies following goals were developed for the Lawyers Road & I-485 Small Area Plan: • Integrate the Mall with surrounding uses - do not let it become an island • The development in the SAP study area should complement downtown and should not compete with it • Retail uses in the Small Area Plan study area should not be designed as strip malls, with large parking lots in the front and buildings in the back • Development along Hwy 218 should be managed to complement the future vision for the Small Area Plan • Recognize environmental barriers and challenges and work within the framework of exisng regulaons to protect these resources • Manage uses around the mall to reduce the impact on the environment • Connect the Mall to parks via bike trails and greenways, connect to the Carolina Thread Trail (CTT) • Separate desnaon traffic from local traffic SMALL AREA PLAN DESCRIPTION The inial premise of the Small Area Plan was to ancipate future development paerns around the proposed mall and to manage this growth so that it does not get out of control. This reacon was understandable. It has happened in many municipalies, especially small towns, that when a big regional aracon such as a retail mall is planned, other retail uses are aracted to the area and flood the landscape. However, as the planning process went through a series of public involvement steps, including 3-day design workshops, public meengs, and a series of advisory commiee meeng, a different vision started to emerge for the study area. The planning process of the plan development, as described in the previous secon, was truly collaborave and informed the final outcome of the plan. Many residents started to see the potenal of this area beyond just a regional retail center. There was an extraordinary level of consensus about the vision of the SAP study area, which led to the final plan discussed in this secon. The following pages describe major components of the SAP in words and pictures. Photo: Low Density Residenal is integrated with the surrounding development through appropriate transion of use and form. Mint Hill: Lawyers Road and I-485 Small Area Plan Bird’s eye view rendering of the Small Area Plan Photo: Greenways are heavily used when they connect desnaons - whether residenal, retail, or civil land uses - and when they connect to regional networks. They can help reduce habitat fragmentaon when designed inside the required environmental buffers and corridors. Photo: Open Spaces can come in variety of form. These spaces can be a neighborhood park, a urban plaza, a trailhead, etc, and provide a safe gathering spot along car, bike, and pedestrian transportaon corridors. Mint Hill: Lawyers Road and I-485 Small Area Plan Photo: Employment Center such as Coliseum Center in Charloe could be appropriate for the locaon of office use shown east of I-485 and connected to the mall through Union Road extension Photo: Employment Center such as Morrocro Village in South Park area of Charloe could be appropriate for the locaon of office use shown west of I-485 and north of the Mall A STRONG REGIONAL CENTER Strategically located between two major suburban employment centers – Ballantyne in south Charloe and University City in northeast Charloe – the SAP study area also adjoins the fastest growing County in the state – Union County. Most of the residents of Mint Hill and Union County currently commute to one of the many employment centers in Mecklenburg County – Ballantyne, South Park area, University City area, or Charloe Center City. It is therefore no surprise that a regional retail mall is proposed for this area because an increase in retail opportunies will be the foundaon for another employment center for the residents of Mint Hill and Union County to the east. Good regional access through the I-485 beltway and availability of land, coupled with the arrival of a regional mall and major employment center will posion the SAP study area to become a mixed use center that will be unique in the region. It will place Mint Hill as one of the major desnaons in the Charloe region. By creang a regional mixed use center, rather than just a regional retail use center, this plan addresses one of the goals of the study – integrate the planned mall with its surrounding uses, and not let it become an island. It is therefore envisioned that the SAP study area could complement the future retail mall with a major employment center that fills the gap for such use between Ballantyne and the University City area, enjoys good connecvity to the regional interstate system, and is mindful of available land resources. Since the SAP study area is envisioned as a regional mixed use center, it will complement downtown Mint Hill, which is envisioned as the Town Center. This will address another goal of the study - development in the SAP study area should complement downtown and should not compete with it. However, for it to become a true regional center, it demands careful thought about the form and design of future development. Future retail in the form of strip development (parking in the front, with isolated buildings at the back) should be discouraged, and development should be integrated with surrounding uses through connuity of form, scale, and design features. Mint Hill: Lawyers Road and I-485 Small Area Plan PRESERVATION OF NATURAL RESOURCES USING STORMWATER UTILITES The SAP study area falls within one of the most environmentally sensive basins in the region – Goose Creek basin. Preservaon of natural resources that will sustain the life forms within the network of creeks and streams is therefore important. All creeks and streams within the study area are protected with a Mecklenburg County mandated buffer of 200 feet on either side of perennial streams and 100 feet on either side of intermient streams. Open space is further protected in the form of parks and greenways. One of the goals idenfied during the plan process was to connect the planned mall to parks, downtown, and other desnaon uses via a network of greenways and trails. The plan idenfies such connecons and creates more opportunies for recreaonal uses by providing for addional neighborhood and community parks. However, buffers and open space alone may not be enough to control stormwater runoff to the creek. Goose Creek is already a very flashy creek, rising quickly during storm events in the vicinity of 8-9 feet above normal flow (as measured downstream of the study area by the USGS gauging staon 02124692 at Fairview - see “Surface Water, Daily Data, Search by Site Number” at hp://waterdata.usgs.gov). This sharp rise and fast decline of river levels indicate that most of the stormwater from rain events is running off directly into creeks and streams (instead of filtering into the ground), taking with it pollutants in the form of phosphorus, nitrogen, heavy metals, etc. The addion of impervious area associated with urban development will adversely affect the discharge during storm events, increasing the volume and degrading the quality of stormwater running off from the impervious areas in the study area. Diagram: Bioretenon cells can either filter or filter and capture stormwater runoff. They use plants and layers of porous media to reduce quanty and improve the quality of stormwater runoff; connecng directly to exisng stormwater structures. Low Impact Development Center, Inc., Beltsville, MD. Photo: Bioretenon cells look like simple, aesthecally pleasing planngs from the casual observer, however, they are only the visible topping of a 2-3 foot porous medium installed directly below. The exact size and capacity of these structures are engineered based on the intensity and duraon of rain events in the study area. Low Impact Development Center, Inc. Mint Hill: Lawyers Road and I-485 Small Area Plan To migate the effects of urban development, Low- Impact Development should be encouraged. LID is a term used to refer to the use of on-site, small scale natural features to manage stormwater runoff. When water quality or quanty standards are not met, these structures are used in conjuncon with tradional Stormwater Best Management Pracces (BMPs) like detenon ponds. LIDs are engineered to capture and store volumes of water using clusters of water-tolerant plants. The collected water improves infiltraon and permeability of the exisng soil and augments storage capacity of a rain event. Plants use the water detained in these structures to grow, thereby reducing the volume of stormwater and pre-treang it before it is discharged into tradional stormwater infrastructure. Since plants can be selected in various heights, colors and textures, and addional planngs can be used to disguise necessary concrete structures, the LIDs improve urban design aesthecs when they are integrated into the areas reserved for required shade trees and around streets, sidewalks, bike lanes, and parking lots. Typical structures include bioretenon cells or “rain gardens”; bioswales, green roofs, and pervious concrete. Bioretenon cells simply retain water in strategic locaons around a building or in low lying areas that would have standing water. Bioswales can be grassed or planted with a variety of shrubs and trees and slow water traveling in a linear direcon towards drain inlets. Bioswales can funcon well along streets, bike lanes, sidewalks, and between rows of parking. Green roofs can capture an enormous amount of stormwater simply because flat roofs take up a lot of area. They can provide addional open space to building occupants and are most successfully accomplished by planning for addional soil weight during building design and construcon. Pervious pavement can be used for parking lots to cut down on the high volume of stormwater generated during a rain event. Green roof diagram: green roofs can capture and treat a large amount of stormwater in an area, especially on flat roofs on commercial buildings that take up a lot of real estate. Green roofs are most successful when they are specified early in a building’s construcon, to make sure the addional weight from soil and plant material is accounted for in building loads. Square footage in a green roof can be added to open space requirements for LEED cerfied projects. Low Impact Development Center, Inc. Photo: Pervious concrete can infiltrate large amounts of water. Parking lot in Charloe, NC, first of its kind in the Piedmont of North Carolina. Designed by Estes Design, Inc., researched and monitored jointly by Estes Design Inc. and UNC Charloe. Mint Hill: Lawyers Road and I-485 Small Area Plan INTERCONNECTED TRANSPORTATION SYSTEM The SAP envisions mulple means of study area ingress and egress for all modes of transportaon. The plan suggests two major connecons to the proposed mall site: 1. Extension of Union Road from Union County to the mall, connecng the two sides of I-485 via a vehicular bridge over I-485 2. Extension of Quail Park Drive, connecng Hwy 218 to the mall and to Lawyers Road These two major connecons, in addion to access from Lawyers Road, will provide alternate regional access to the proposed mall from other direcons. Other small connecons will help distribute local traffic and provide alternate ways to access future uses in the SAP study area. These include extension of one of the mall entrances from Lawyers Road to Thompson Road, re-alignment of Allen Black Road, and extension of Stevens Mill Road from Lawyers Road to Fairview Road/Hwy 218. Other transportaon improvements proposed for the SAP are the interconnected systems of streets that form a grid, and a network of greenways, which will allow travelling through the SAP study area conveniently for non-motorists. VIBRANT RESIDENTIAL NEIGHBORHOODS According to the Demographic and Economic Profile, the SAP study area has the potenal for more dense development than it currently contains. These forecasts suggest that an increase in owner- occupied housing units, along with the increase in residents between ages 65-74 years old, will provide opportunies for potenal market support for new housing oriented to new, high-quality residenal development and age-restricted housing. This mixed housing type will not only provide easy access to amenies such as shopping, parks, and open space for aging and young residents living in close proximity, but also provide great access to employment opportunies for working residents. This influx of various types of residenal households (rered, young, singles, and families with kids) within and surrounding the SAP study area is crical to creang vibrant residenal neighborhoods. Such increase in populaon demands a careful thought about the form and character of new residenal neighborhoods. Future residenal neighborhoods therefore need to respond to the concept of total livability, where residenal units are woven with parks and public spaces; are within walking distance from shopping and employment desnaons; are diverse and accommodate various demographic groups; and are connected with each other instead of isolated pods of development. Drawing: The area around proposed roundabout at Lawyers Road and Bain School Road could develop into a mix of residenal (townhomes), live work units, and small scale offices Mint Hill: Lawyers Road and I-485 Small Area Plan Photo: Providing variety of housing choices such as townhomes and pao homes at key locaons will provide good transion between non-residenal uses such as planned mall and low density single-family residenal. Photo: Residenal development that provides ample open space create amenies for its residents and preserve environmentally sensive areas. Drawing: Design of residenal uses in the Small Area Plan will be important to reinforce a true mixed-use desnaon. Mixed residenal units should be promoted within residenal uses, connected to surrounding uses via a network of sidewalks and greenways. Mint Hill: Lawyers Road and I-485 Small Area Plan FISCAL DIVERSITY As discussed under the Process secon, one of the consideraons in developing a detailed SAP was to understand the fiscal impact of the proposed plan. Aer a detailed esmate of cost of services (fire, police, schools, etc) and public facilies to serve current and projected demand, and analysis of revenue generaon from proposed development, it was observed that the Town will have a net income of roughly $600,000/yr (in 2010 dollars). This diversity in tax base will not only help Town’s budget, but also provide employment opportunies to the Town’s residents. Many older and younger residents voiced a concern that they have to leave the Town due to lack of opportunies that will allow them to stay close to their families. Creang a regional mixed use center will boost Town’s Jobs-to-Housing rao and bring it more in line with other small towns in Mecklenburg County. Mint Hill: Lawyers Road and I-485 Small Area Plan Chapter 6: Recommendaons and Implementaon Strategies Mint Hill: Lawyers Road and I-485 Small Area Plan Chapter 6: Recommendaons and Implementaon Strategies Creang a plan is the first step towards implementaon, but a longer commitment is needed to bring this plan to fruion. Moreover, this plan, like all other plans, needs constant monitoring. Since demographic, economic, and physical condions are constantly changing, this plan should adapt to such changes and posion this area to fulfill the aspiraons of the community. This secon will outline specific recommendaons and associated implementaon strategies, which will be the vehicle to move this plan forward. BUSINESS RECRUITMENT RECOMMENDATIONS Recommendaon 1: Create an Economic Development department in the Town of Mint Hill to seek a major employer for the SAP study area Recommendaons 2: Partner with regional agencies such as Charloe Regional Partnership to promote the study area as a future locaon of a major corporate employer NATURAL ENVIRONMENT RECOMMENDATIONS Recommendaon 1: Connue to enforce mandatory buffer requirements along perennial and intermient creeks and streams Recommendaon 2: Connue to adhere to Mecklenburg County Land Use and Environmental Services (LUESA) requirements of open space based on Built Upon Area (BUA) Recommendaon 3: Encourage private development to adopt Best Management Pracces (BMPs) and promote Low Impact Developments (LIDs) to protect the environmentally sensive Goose Creek watershed. Encourage the integraon of these structures with stormwater ulies and also with desirable urban design aesthecs. LAND USE RECOMMENDATIONS Recommendaon 1: Use the Small Area Plan’s future land use designaons to respond to zoning change requests Recommendaon 2: Keep residenal zoning around the mall where indicated in the Small Area Plan Recommendaon 3: Promote cluster residenal development as an alternate to tradional subdivision development Implementaon Strategy 1: Provide incenves in the form of density bonuses to promote cluster residenal development Recommendaon 4: Promote mixed residenal development Implementaon Strategy 1: Provide flexibility in residenal uses by allowing a mix of residenal types by varying lot sizes etc. Recommendaon 5: Future land uses should account for public and civic uses, such as parks, churches, schools and other recreaonal facilies, such as a YMCA Recommendaon 6: Update the plan every five years to respond to changing economic condions Mint Hill: Lawyers Road and I-485 Small Area Plan URBAN DESIGN RECOMMENDATIONS Recommendaon 1: Idenfy opportunies for aesthec enhancements Implementaon Strategy 1: The following locaons are idenfied for aesthec improvements. These locaons are either potenal gateways into the Small Area Plan study area, or places within the study area that require emphasis on placemaking. • Lawyers Road interchange with I-485 • Fairview Road interchange with I-485 • Intersecon of re-aligned Allen Black Road and Union Road Drawing: Landscaping improvements, such as shown for Greenville Interchange on I-30, will help define Lawyers Road interchange area as a gateway to the community. Photo: Architectural improvements to the bridge at Lawyers Road interchange will also help define it as a gateway to the community. Mint Hill: Lawyers Road and I-485 Small Area Plan Diagram: Boulevards - typical plan and secon. Example roads: Lawyers Road, Fairview Road A boulevard’s primary funcon is to maintain vehicular movement, connecng to key desnaons in an area, and providing access to lower level streets. Development and Land Use along these streets can be mixed and should be set back from the street. There are two lanes in each direcon which are 11 feet wide. Bike lanes, medians, bus lanes, and turn lanes are recommended. Sidewalk minimum width is 6 feet. On street parking, sidewalk amenity zone, shoulders, and curb extensions are all inappropriate in this context. Green infrastructure is encouraged in the median and on the roadside. Recommendaon 2: Coordinate with private developers, NCDOT, and MUMPO to build roadways with enhanced streetscape (refer to suggested street cross-secons) Mint Hill: Lawyers Road and I-485 Small Area Plan Diagram: Minor Collector - typical plan and secon. Example roads: New Collector Road proposed at east of Allen Black Road The primary funcon of a minor collector is to collect residenal traffic. These streets are the primary access to neighborhoods. Development is oriented along adjacent street types. Land Use is single or urban residenal. These streets post 25 miles per hour speed limits and ulize traffic calming elements. There are typically two 11 foot lanes in a minor collector, one in each direcon, and also a minimum four foot wide bike lane on each side. Medians can also be used to separate travel lanes; Colony Road in Charloe is an example. Outside of the bike lane there can be 8 foot parallel parking lane and a minimum 5 foot sidewalk on at least one side. Transit routes like bus stops are encouraged. Shoulders are inappropriate in this context. Green infrastructure is recommended in the roadside and as pervious pavement in the parallel parking area. Mint Hill: Lawyers Road and I-485 Small Area Plan Diagram: Neighborhood Yield Street - typical plan and secon. Example roads: Residenal Development east of Allen Black Road. A Neighborhood Yield street is appropriate for local roads within a neighborhood where less than 50 houses front the street. These streets provide neighborhood circulaon and are appropriate for subdivision type development. Land Use on a neighborhood yield street is single or urban residenal. One lane at 12 feet wide and two 8 foot wide lanes of parallel, on-street parking is recommended. Sidewalks should be a minimum of 5 feet on both sides and a 5 feet minimum landscape buffer. Traffic calming elements such as pedestrian acvies spilling over into the street will keep this road at the posted 25 miles per hour. Inappropriate elements include mass transit, pedestrian refuge, curb extensions, shoulders, bicycle lanes, mid block pedestrian crossings, or medians. Green infrastructure can include pervious pavement in the parking zone or sidewalks, private yard or development-wide bioretenon cells and landscaping. Mint Hill: Lawyers Road and I-485 Small Area Plan Diagram: Local Road - typical plan and secon. Example roads: Residenal Development east of Allen Black Road. A Local Road is an alternate for the Neighborhood Yield Street, appropriate for roads within a neighborhood where less than 50 houses front the street. These streets provide neighborhood circulaon and are appropriate for subdivision type development. Land Use on a neighborhood yield street is single or urban residenal. Two lanes at 11 feet wide is recommended. Sidewalks should be a minimum of 5 feet on both sides and a 5 feet minimum landscape buffer. Traffic calming elements such as pedestrian acvies spilling over into the street will keep this road at the posted 25 miles per hour. Inappropriate elements include mass transit, pedestrian refuge, curb extensions, shoulders, bicycle lanes, mid block pedestrian crossings, or medians. Green infrastructure can include pervious pavement in the driveways or sidewalks, private yard or development-wide bioretenon cells and landscaping. Mint Hill: Lawyers Road and I-485 Small Area Plan TRANSPORTATION RECOMMENDATIONS Recommendaon 1: Enhance connecvity by providing mulple points of ingress and egress for the study area. Implementaon Strategy 1: The following roadway connecons will assist in regional connecvity to the planned mall: • An extension of Union Road over I-485 via a bridge into the planned mall will allow traffic from Union County to take an alternate route to Lawyers Road • An extension of Quail Park Drive that will connect Hwy 218 to the planned mall will allow traffic from north of Mint Hill and Cabarrus County to take the Fairview Road exit from I-485 Implementaon Strategy 2: The following roadway connecons will assist local connecvity within the study area: • Realignment of Allen Black Road will not only create beer parcel depth for development, but also allow other local connecons, which could be further enhanced through the extension of Stevens Mill Road • A new road parallel to I-485, east of Allen Black Road, will connect Lawyers Road and Fairview Road and relieve traffic pressure at the intersecon of Allen Black Road and 218 • An alternate connecon to Countrywood Subdivision from Thompson Road and the subsequent closure of the entrance to the Subdivision from Lawyers Road will provide more convenient access for subdivision traffic. • A new roadway connecon between Thompson Road and Lawyers Road will relieve traffic pressure on the proposed roundabout at Lawyers and Bain School Road, and will provide more convenient access for Thompson Road traffic. Recommendaon 2: Promote alternave modes of transportaon Implementaon Strategy 1: Connect Fairview Park to the proposed Stevens Creek Nature Preserve via a greenway along Goose Creek. This greenway will connect parks, residenal neighborhoods, offices, mall and shopping desnaons, and civic uses. Implementaon Strategy 2: Coordinate with Carolina Thread Trail (CTT) to provide an addional greenway connecon - from the mall entrance at Lawyers Road near Goose Creek and along a Goose Creek Tributary to downtown Mint Hill. Implementaon Strategy 3: Provide sidewalks, bike lanes, and muluse paths along realigned Allen Black Road to promote bike and pedestrian connecvity between employment, residenal, civic, and retail uses. Recommendaon 3: Coordinate with MUMPO and NCDOT regarding improvements to some of the key Hwy 218 and Lawyers Road corridors to accommodate addional traffic generated by new uses proposed in the SAP Study area. Mint Hill: Lawyers Road and I-485 Small Area Plan UTILITIES RECOMMENDATIONS Recommendaon 1: Coordinate with Charloe Mecklenburg Ulies Department (CMUD) on a potenal Stevens Creek pump staon Recommendaon 2: Encourage the mall developer’s parcipaon in a regional soluon to the wastewater pump staon issue Recommendaon 3: Invesgate the locaon of water/sewer line sleeve under I-485 between Hwy 218 and Lawyers Road to allow for the possibility of a regional li staon at Stevens Creek Nature Preserve instead of a li staon that will service the mall site only; pending the inclusion of Goose Creek basin on the IBT cerficate Recommendaon 4: Connue to support the inclusion of the Goose Creek basin in the Inter Basin Transfer (IBT) Act by coordinang with CMUD. This will enable the Town to use McAlpine Wastewater Treatment plant’s (WWTP) capacity. Recommendaon 5: Encourage future development and re-development to include Low Impact Development strategies for stormwater management. Mint Hill: Lawyers Road and I-485 Small Area Plan Go o s e C r e e k W a t e r s h e d Ma n a g e m e n t P l a n Goose Creek Watershed Management Plan Re c o v e r y P r o g r a m P l a n fo r F e c a l C o l i f o r m Coliform TMDL Recovery Program Plan for Fecal Goose Creek Water Quality Goose Creek Water Quality Recovery Program Plan for the Fecal Coliform TMDL Prepared for: Mecklenburg County Mint Hill Stallings Indian Trail Prepared by: Mecklenburg County Storm Water Services Version 2: November 12, 2009 Goose Creek in Mint Hill Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL i TABLE OF CONTENTS SECTION 1.0 BACKGROUND ....................................................................................... 1 SECTION 2.0 PROGRAM DEVELOPMENT ............................................................... 6 2.1 Components of the Water Quality Recovery Program (WQRP) for Goose Creek ......... 6 2.2 Pollutant of Concern Addressed by the Water Quality Recovery Program .................... 6 2.3 Purpose of the Water Quality Recovery Program ........................................................... 7 2.4 Purpose of the Water Quality Recovery Program (WQRP) Plan ................................... 8 2.5 Water Quality Recovery Program Advisory Group ........................................................ 8 2.6 Water Quality Recovery Program Website ..................................................................... 9 2.7 Water Quality Recovery Program Monitoring Plan ....................................................... 9 2.7.1 Purpose ...................................................................................................................... 9 2.7.2 Water Quality Monitoring Strategy .......................................................................... 9 2.7.3 Stream Walks ............................................................................................................ 9 2.7.4 Land-Use Monitoring .............................................................................................. 11 2.7.5 In-Stream Monitoring ............................................................................................. 13 2.7.6 Continuous Monitoring and Alert Notification Network (CMANN) ..................... 16 2.7.7 USGS Monitoring ................................................................................................... 17 2.7.8 Monitoring for Identification and Elimination of Pollution Sources ...................... 17 2.7.9 Quality Assurance / Quality Control....................................................................... 20 2.7.10 Data Analysis .......................................................................................................... 20 2.8 Plan and Schedule for Identification of Storm Water Outfalls ..................................... 21 SECTION 3.0 PROGRAM IMPLEMENTATION ...................................................... 23 3.1 Structural Best Management Practices ......................................................................... 23 3.1.1 Purpose .................................................................................................................... 23 3.1.2 Structural BMP Analysis ........................................................................................ 23 3.1.2.1 Review of Fecal Coliform TMDL Implementation Plans ................................... 23 3.1.2.2 Fecal Coliform Removal Efficiencies for BMPs ................................................ 24 3.1.2.3 Fecal Coliform Data from Local Pilot BMP Monitoring Program ..................... 27 3.1.2.4 Observations from BMP Data Analysis .............................................................. 28 3.1.2.5 Recommendations ............................................................................................... 28 3.1.3 Existing and Proposed Structural BMPs in the Goose Creek Watershed ............... 29 3.2 Septic System Inspections (Non-Structural BMP) ....................................................... 31 3.3 Public and Staff Participation and Outreach (Non-Structural BMP) ............................ 31 3.3.1 Methodology ........................................................................................................... 31 3.3.2 Public Workshop ..................................................................................................... 32 3.3.3 Staff Development .................................................................................................. 32 3.3.4 Newsletters .............................................................................................................. 32 3.3.5 Dog Waste ............................................................................................................... 32 3.4 Documenting Removal Efficiencies for Structural and Non-Structural BMPs ............ 35 3.5 BMP Implementation Schedule for FY10 .................................................................... 35 SECTION 4.0 DATA COLLECTION AND DOCUMENTATION ........................... 37 4.1 Data Collection ............................................................................................................. 37 4.1.1 Monitoring Data ...................................................................................................... 37 4.1.2 Storm Drain Inventory Data .................................................................................... 37 4.1.3 Documentation of WQRP Activities ...................................................................... 38 Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL ii 4.2 Reports .......................................................................................................................... 39 SECTION 5.0 PROGRAM EVALUATION ................................................................. 40 5.1 Assessing the Effectiveness of BMPs and WQRP ....................................................... 40 5.2 Cost-Benefit Analysis ................................................................................................... 40 SECTION 6.0 ADAPTIVE MANAGEMENT .............................................................. 42 6.1 Assessing the Need for Change .................................................................................... 42 6.2 WQRP Plan Updates ..................................................................................................... 42 6.3 Program Analysis and Adaptive Management Schedule .............................................. 42 SECTION 7.0 SCHEDULE ............................................................................................ 44 SECTION 8.0 REFERENCES ........................................................................................ 46 Figures: Figure 1: Location of the Goose Creek Watershed in Mecklenburg and Union Counties ............ 1 Figure 2: Goose Creek Watershed Area ........................................................................................ 2 Figure 3: Goose Creek Water Quality Recovery Program (WQRP) ............................................. 6 Figure 4: Distribution of Stream Walks by Jurisdiction .............................................................. 11 Figure 5: Land-Use Distribution in the Goose Creek Watershed ................................................ 13 Figure 6: Location of WQRP Monitoring Sites for FY10 ........................................................... 15 Figure 7: Specialized IDDE Monitoring Sites ............................................................................. 18 Figure 8: Livestock Impact Monitoring Sites .............................................................................. 19 Figure 9: Locations of BMPs Completed or Proposed in the Goose Creek Watershed .............. 30 Figure 10: Pet Waste Postcard (front) .......................................................................................... 34 Figure 11: Bags on Board Containing Pet Waste Disposal Bags ................................................ 35 Figure 12: Storm Drain Inlets and Outlets in EDMS ................................................................... 38 Figure 13: Work Order Template in EDMS ................................................................................ 39 Tables: Table 1: MS4 Jurisdictions in the Goose Creek Watershed .......................................................... 1 Table 2: General Information Regarding the Goose Creek Watershed ......................................... 3 Table 3: Miles of Streams Walked or Waded by Jurisdiction ..................................................... 11 Table 4: Jurisdictions and Land-Use Types to be Sampled ......................................................... 12 Table 5: Land-Use Monitoring Sites in the Goose Creek Watershed .......................................... 12 Table 6: Description of Land-Use Monitoring in the Goose Creek Watershed .......................... 13 Table 7: In-Stream Monitoring Sites in the Goose Creek Watershed ......................................... 14 Table 8: Description of In-Stream Monitoring in the Goose Creek Watershed .......................... 16 Table 9: Description of CMANN Monitoring in the Goose Creek Watershed ........................... 16 Table 10: Estimated Enhanced Monitoring Costs ....................................................................... 20 Table 11: BMP Data from TMDL Implementation Plan, Four Mile Run, Virginia .................... 24 Table 12: BMP Data from TMDL Implementation Plan, Blacks Run & Cooks Creek, Virginia 24 Table 13: Fecal Coliform Removal Efficiency for BMP Treatment Train in Littleton, CO ....... 25 Table 14: Data from Bioretention Study by the State University of New Jersey ........................ 25 Table 15: Data Summarized in the State University of New Jersey Report ................................ 25 Table 16: Data from 6th Biennial Storm Water Research & Watershed Conference ................. 26 Table 17: Data Obtained from the International Storm Water Database for BMPs .................... 26 Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL iii Table 18: Data from BMP Monitoring in Mecklenburg County ................................................. 27 Table 19: Summary of all Data Collected .................................................................................... 27 Table 20: Recommended BMP Removal Efficiencies for Retro-Fitted BMPs ........................... 29 Table 21: Locations & Types of BMPs Completed or Proposed in the Goose Creek Watershed29 Table 22: WQRP Schedule .......................................................................................................... 44 Appendices: Appendix 1: Goose Creek TMDL Notification from N.C. Division of Water Quality ............... 48 Appendix 2: Water Quality Recovery Program Guidance Document ......................................... 50 Appendix 3: Septic System Inspection Form Used in the Goose Creek Watershed ................... 54 Appendix 4: Septic System Educational Material Distributed During Goose Creek Inspections 56 Appendix 5: Prioritization Scheme for Septic System Inspections ............................................. 58 Common Acronyms: BMP: Best Management Practice DWQ: N.C. Department of Environment and Natural Resources, Division of Water Quality EDMS: Environmental Data Management System FY: Fiscal Year running from July 1 through June 30 of the following year with the FY number based on this last year (Example: FY10 runs from July 1, 2009 through June 30, 2010) HOA: Homeowners’ Association MCWQP: Mecklenburg County Water Quality Program which is a component of Charlotte- Mecklenburg Storm Water Services MS4: Municipally Separate Storm Sewer System TMDL: Total Maximum Daily Load WQRP: Water Quality Recovery Program Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 1 SECTION 1.0 BACKGROUND The Goose Creek Watershed is located in the Yadkin/Pee Dee River Basin in southeastern Mecklenburg County and northeastern Union County in the southern piedmont region of North Carolina (see Figure 1). Figure 1: Location of the Goose Creek Watershed in Mecklenburg and Union Counties The headwaters of the Goose Creek Watershed originate in Mecklenburg County and flow to Union County where the creek discharges to the Rocky River. The main channel of Goose Creek has a length of approximately 16.3 miles. Stevens and Duck Creeks, which originate in Mecklenburg County, are both tributaries to Goose Creek. Stevens Creek flows to Goose Creek at the Mecklenburg-Union County line west of Stevens Mill Road while Duck Creek joins Goose Creek just upstream of Brief Road in Union County. The Goose Creek Watershed contains four (4) jurisdictions that have been issued NPDES Phase II Storm Water Permits for their municipally separate storm sewer systems (MS4s), including Mecklenburg County and the Towns of Mint Hill, Stallings and Indian Trail. Table 1 below describes the area within the Goose Creek Watershed contained in these jurisdictions. Table 2 below contains general information regarding the Goose Creek Watershed. Table 1: MS4 Jurisdictions in the Goose Creek Watershed MS4 Jurisdiction Area in Watershed % of Watershed Mint Hill/Mecklenburg County(1) 7,195 acres 26% Stallings 1,400 acres 5% Indian Trail 855 acres 3% (1) Mecklenburg County includes the Town of Mint Hill Go o s e C r e e k W a t e r Q u a l i t y R e c o v e r y P r o g r a m f o r t h e A p p r o v e d F e c a l C o l i f o r m T M D L 2 Fi g u r e 2 : G o o s e C r e e k W a t e r s h e d A r e a G O O S E C R E E K GOOSECREEK S TE V E N S C R E E K P A D D L E B R A N C H D U C K C R E E K DUCKCREEK I-485INNER I-4 85 O U T E R L A W Y E R S THOMPSON W E L L FAIRVIEW ALLENBLACK I-4 85 B R I E F B AI N S C H O O L UNIO N JOLI CH E VAL LON G MIN T W O O D PEG G Y D AVID R A N B U R N E MATTHEWS-MINTHILL T A R A O A K S SHANNAMARA ID L E F I E L D OXER B R I E F BRIEF B R I E F B R I E F FAIRVIEW H W Y 2 18 M IL L G R O V E R D B R IE F R D LAWYERSRD H W Y 601 IN DIA N TR AIL FAIR VIE W R D WEST DUNCAN RD UNIONVILLEBRIEFRD M A C H A D O D R CLO NT ZRD STEVEN S MILLR D PRICE TUC KE R RD N O A H H E L M S R D W E S T O L D D U T C H R D C U N N IN G H A M L N R U S S E LL R D U N IO N R D HERITA G E R D SHEPHERDS COVE C R O W E L L D A IR Y R D RED W O O D DR HAWTHORNEDR SECLUSIVEDR GOLD CRESTDR ROCK Y RIV ER ROA D MARTINTUCKERRD COV EYTR E A R L D U N C A N R D SHA-NELLELN SU R R Y LN F AIR FI E L D BRIEFRD H W Y 6 01 HWY 218 HWY 601 Le g e n d St r e a m s Ro a d s In d i a n T r a i l St a l l i n g s Go o s e C r e e k W a t e r s h e d Me c k l e n b u r g C o u n t y Min t H i l l Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 3 Table 2: General Information Regarding the Goose Creek Watershed Watershed Area 42 square miles or 27,720 acres in the Yadkin/Pee Dee River Basin Stream Length Approximately 16.3 main channel miles Stream Classification Class C: Protected for secondary recreation, fishing, aquatic life, including propagation and survival, and wildlife. Predominant Land-uses Forest = 12,828 acres @ 46% Agricultural = 6,461 acres @ 23% >2 Acre Residential = 3,946 acres @ 14% 0.5 – 2 Acre Residential = 1,592 acres @ 6% Topography Highest elevation = 754 ft m.s.l. Lowest Elevation = 494 ft m.s.l. Generally the topography is rolling hills with moderate slopes of 2-4%. Vegetation Vegetation is a mix of hardwood forested areas, agriculture (row crops and hay) and grasses and shrubs associated with suburban development. Climate The climate is temperate with approximately 43" of rain per year. Hydrology Hydrology follows a typical dendridic drainage pattern typified by most piedmont areas. Geology Piedmont soils and occasional bedrock outcrops. This gives way to Carolina Slate Belt deposits that begin at the Mecklenburg and Union County line and extend east to where Goose Creek enters the Rocky River. NPDES Permitted Dischargers Oxford Glen: 15349 Bexley Place (0.075 mgd) Ashe Plantation: Quarters Lane (0.154 mgd) Country Woods: Country Woods Dr (1.036 mgd) Fairfield Plantation: Stoney Ridge Rd (0.108 mgd) NPDES Phase II Storm Water Permits Mint Hill and Mecklenburg County Stallings Indian Trail Soils Approximately 88% of the watershed is made up of Class B soils and 12% is Class C soils. Population The approximate population of the Goose Creek Watershed is 10,000 residents. Aquatic Species Typical piedmont aquatic species including several varieties of caddisflies, mayflies and stoneflies, terrestrial insects, fish, amphibians, mussels, snails and other species. In 1998, North Carolina’s 303(d) list of impaired waters identified Goose Creek from its source to the Rocky River as impaired due to elevated fecal coliform concentrations. This impairment triggered the development of a total maximum daily load (TMDL) for the watershed that was subsequently submitted and approved by EPA on July 8, 2005. The TMDL encompasses all the stream segments contained in the 303(d) list for the watershed. Goose Creek is also listed as impaired due to a lack of aquatic life; however, a TMDL has not been developed for this listing. Another issue in Goose Creek is that it provides critical habitat for the Carolina heelsplitter (Lasmigona decorate), a species of freshwater mussel that is listed as federally endangered by the U.S. Fish and Wildlife Service under the provisions of the Endangered Species Act. The document contained herein addresses only the fecal coliform TMDL and does not address the biological impairment or the preservation of the Carolina heelsplitter. The Town of Mint Hill and Mecklenburg County as well as the Towns of Stallings and Indian Trail in Union County are located in the Goose Creek Watershed and have been issued NPDES Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 4 Phase II Storm Water Permits. Part II, Final Limitations and Controls for Permitted Discharges, Section A, Program Implementation, Paragraph 11 of these Phase II Permits specifies the following: “If the permitted MS4 becomes subject to an approved TMDL, and following notice of such by the Division, the permittee shall implement a TMDL Water Quality Recovery Program.” Parts (a) through (e) of Paragraph 11 contain additional requirements relating to the development and implementation of this Water Quality Recovery Program (WQRP) as follows: (a) Within two years after receiving the Division’s notice that the permittee is subject to a TMDL, the permittee shall establish a TMDL Water Quality Recovery Program and shall identify the locations of all currently known MS4 outfalls within its jurisdictional area with the potential of discharging the pollutant(s) of concern: to the impaired segments, to their tributaries, and to segments and tributaries within the watershed contributing to the impaired segments. The permittee shall also develop a schedule to discover and locate all other MS4 outfalls within its jurisdictional area that may be discharging the pollutant(s) of concern: to the impaired stream segments, to their tributaries, and to segments and tributaries within the watershed contributing to the impaired segments. (b) Within two years after receiving the Division’s notice that the permittee is subject to a TMDL, the permittee shall develop a monitoring plan for each pollutant of concern. The monitoring plan shall include the sample location by verbal description and latitude and longitude coordinates, sample type, frequency, any seasonal considerations, and a monitoring implementation schedule for each pollutant of concern. Where appropriate, the permittee may reduce the monitoring burden by proposing to monitor outfalls that the Division would consider substantially similar to other outfalls. The permittee may also propose in-stream monitoring where it would complement the overall monitoring plan. The monitoring plan shall be adjusted as additional outfalls are identified in accordance with the schedule required in (a) above and as accumulating data may suggest. (c) The permittee shall include the location of all currently known MS4 outfalls with the potential of discharging the pollutant(s) of concern, the schedule for discovering and locating currently unknown MS4 outfalls with the potential of discharging the pollutant(s) of concern, and the monitoring plan, (all as required in (a) and (b) above, and all part of the TMDL Water Quality Recovery Program) in the first Storm Water Management Plan annual report due no earlier than two years after the Division’s initial notification of the applicability of a TMDL. (d) The next and each subsequent Storm Water Management Plan annual report shall include an assessment of the available data for each pollutant of concern, and an assessment of the effectiveness of the BMPs employed, to determine what, if any, additional BMP measures may be necessary to return the impaired segments to compliance with state water quality standards. The permittee shall implement appropriate BMPs to control the pollutant(s) of concern to the maximum extent practicable. Implementation of the appropriate best management practices constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. (e) Following any review and comment by the Division on the TMDL Water Quality Recovery Program, the permittee shall incorporate any necessary changes into the program. The permittee shall incorporate the revised TMDL Water Quality Recovery Program into the Storm Water Management Plan. Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 5 On August 10, 2006, the North Carolina Department of Environment and Natural Resources, Division of Water Quality (DWQ) initiated Paragraph 11 of the Phase II Permits by issuing written notification to Mecklenburg County and the Towns of Mint Hill, Stallings and Indian Trail that they were subject to the Goose Creek TMDL for fecal coliform bacteria. The letter specified that requirement (a) through (e) of Paragraph 11 be fulfilled within a specific time frame (see Appendix 1). On October 12, 2007, DWQ provided the Phase II jurisdictions in the Goose Creek Watershed with the “Goose Creek TMDL Water Quality Recovery Program (WQRP) Guidance Document” (see Appendix 2). This document was used as a guide by the Phase II jurisdictions to develop the “Goose Creek Water Quality Recovery Program” which was submitted as part of the annual report dated July 9, 2008. The document contained herein is the Water Quality Recovery Program Plan (WQRP Plan), which serves as a guide in the implementation of the WQRP. Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 6 SECTION 2.0 PROGRAM DEVELOPMENT 2.1 Components of the Water Quality Recovery Program (WQRP) for Goose Creek The WQRP developed for the Goose Creek Watershed includes the following five (5) major components 1. Program Development 2. Program Implementation 3. Data Collection and Documentation 4. Program Evaluation 5. Adaptive Management These five (5) components include a total of 17 program activities that combine to form the WQRP as described in Figure 3. Figure 3: Goose Creek Water Quality Recovery Program (WQRP) 2.2 Pollutant of Concern Addressed by the Water Quality Recovery Program The pollutant of concern addressed in the WQRP for the Goose Creek Watershed is fecal coliform bacteria as identified in the approved TMDL. Fecal coliform bacteria are found in the fecal material of humans and animals and can enter surface waters through direct discharges of waste from mammals and birds as well as from agriculture, storm water runoff and malfunctioning sewage collection and treatment systems. Fecal coliform bacteria do not cause diseases but rather serve as an indicator of a variety of microorganism in feces that are known to Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 7 be pathogenic. Fecal coliform bacteria is used as an indicator of these pathogens in surface waters because testing for its presence is cheap, reliable and fast particularly in comparison to tests for known pathogens. Water quality monitoring performed by DWQ in the Goose Creek Watershed has revealed elevated levels of fecal coliform bacteria, which is the reason for concern. 2.3 Purpose of the Water Quality Recovery Program The purpose of the WQRP is to reduce fecal coliform bacteria levels, to the maximum extent practicable, in accordance with the assigned MS4 NPDES regulated Waste Load Allocation (WLA) identified in the approved TMDL for the Goose Creek Watershed, which is represented as a 92.5% reduction in the existing fecal coliform load from the MS4. There are four (4) NPDES regulated MS4s in the Goose Creek Watershed, including Mecklenburg County and the Towns of Mint Hill, Stallings and Indian Trail. The TMDL further identifies a 92.5% reduction in the fecal coliform load associated with nonpoint sources that do not originate from the MS4s. The TMDL indicates that these combined reductions will restore water quality conditions in the Goose Creek Watershed in compliance with the North Carolina fresh water quality standard for fecal coliform in Class C waters (T15A:02B.0211) that states: “Organisms of the coliform group: fecal coliforms shall not exceed a geometric mean of 200/100 ml (membrane filter count) based upon at least five consecutive samples examined during any 30-day period, nor exceed 400/100 ml in more than 20 percent of the samples examined during such period; violations of the fecal coliform standard are expected during rainfall events and, in some cases, this violation is expected to be caused by uncontrollable nonpoint source pollution; all coliform concentrations are to be analyzed using the membrane filter technique unless high turbidity or other adverse conditions necessitate the tube dilution method; in case of controversy over results, the MPN 5-tube dilution technique will be used as the reference method.” The WQRP specifically addresses the 92.5% reduction in fecal coliform loading assigned to the MS4s in the TMDL and does not cover the 92.5% reduction that is not associated with the MS4s. The biggest source of this non-MS4 related fecal coliform bacteria load is agricultural activity, which encompasses approximately 23% of the Goose Creek Watershed (see Table 2). Other than forests, this is the predominant land-use in the watershed. Based on the TMDL, in the absence of control of these non-MS4 sources the water quality standard will not be achieved; therefore, the achievement of this standard is not a specific goal of the WQRP. The WQRP endpoint of a 92.5% reduction in fecal coliform loading from MS4s will be achieved through the implementation of structural and non-structural BMPs as described in the WQRP Plan (see Section 3.0). The implementation of these BMPs in accordance with the WQRP Plan will constitute compliance with the standard of reducing pollutants to the maximum extent practicable as specified in the Part II, Section A, Paragraph 11 (d) of the Phase II Permits. For each BMP utilized, a fecal coliform removal efficiency will be assigned in future versions of the WQRP Plan, including non-structural BMPs such as education and septic system inspections. The combined removal efficiencies of BMPs employed to treat the runoff from an MS4 area will need to total at least 92.5% for the area to be considered compliant with the assigned TMDL WLA. Once this has been achieved for all MS4 areas within the Goose Creek Watershed the Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 8 WQRP Plan will consider the MS4 areas to be compliant with the TMDL and the WQRP will have reached its endpoint. Section 3.4 contains additional information regarding this process. To ensure the effective and efficient implementation of the WQRP in accordance with Phase II Permit requirements, the WQRP Plan contained herein has been incorporated into the Storm Water Management Program Plans for Mecklenburg County and the Towns of Mint Hill, Stallings and Indian Trail. 2.4 Purpose of the Water Quality Recovery Program (WQRP) Plan The document contained herein is referred to as the WQRP Plan. The purpose of this Plan is to guide the implementation of the WQRP. It includes the monitoring plan, plan and schedule for identification of municipally separate storm sewer system (MS4) outfalls, description of best management practices (BMPs) to be employed to meet the TMDL, and other necessary TMDL compliance measures. This Plan will not include the assessment of the available data or an assessment of the effectiveness of the BMPs employed as required by Part II, Section A, Paragraph 11 (d) of the Phase II Permits. These assessments will be included in the annual reports developed for the WQRP by July 15th of each year. These annual reports will also include a determination regarding additional BMPs or other measures necessary to return the impaired segments to compliance with State water quality standards. These additional BMP measures as well as additions and/or modifications to any other compliance measures or plans will be incorporated into annual updates to the WQRP Plan that will be completed by August 30th of each year. These updates to the WQRP Plan are necessary to ensure its continued effectiveness as a guide to the implementation of the WQRP. Section 6 describes this process in more detail. 2.5 Water Quality Recovery Program Advisory Group The first step in the development of the Goose Creek WQRP was the establishment of the TMDL Advisory Group consisting of representatives from the following: Mecklenburg County Water Quality Program Town of Mint Hill Town of Stallings Town of Indian Trail Union County DWQ Initial TMDL Advisory Group meetings focused on the development of the Goose Creek WQRP and resulted in a request to DWQ for a more detailed outline of the requirements of the WQRP. DWQ provided the group with the Draft “Goose Creek TMDL Water Quality Recovery Program Guidance Document” on October 12, 2007 (see Appendix 2), which formed the basis for the development of the WQRP for Goose Creek. Subsequent meetings of the group led to development and implementation of the WQRP by July 2008. The 17 program activities identified in the WQRP Plan (see Figure 3) are implemented by the Mecklenburg County Water Quality Program (MCWQP) under Charlotte-Mecklenburg Storm Water Services for Mecklenburg County and the Towns of Mint Hill, Stallings and Indian Trail. The TMDL Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 9 Advisory Group meets at least annually to review program activities and successes and to modify the WQRP Plan as necessary to improve its overall effectiveness. 2.6 Water Quality Recovery Program Website A page was developed off Charlotte-Mecklenburg Storm Water Services’ website as follows: http://stormwater.charmeck.org (select “Storm Water Professionals”, select “Water Quality”, and select “TMDLs-Mecklenburg County”). This website serves to document and disseminate information and results regarding the Goose Creek WQRP. The WQRP Plan along with annual reports and water quality monitoring data are maintained on this website. 2.7 Water Quality Recovery Program Monitoring Plan 2.7.1 Purpose The purpose of the water quality monitoring plan developed for the Goose Creek WQRP is to present a strategy for the collection of information to support the implementation of the WQRP for the Goose Creek Watershed and to monitor its effectiveness. The monitoring plan also serves to identify pollution sources that are subsequently eliminated if found to be in noncompliance with water quality regulations. Some sources such as livestock in the stream are not in violation and therefore will not be eliminated unless voluntarily done so by the property owner. The monitoring plan outlines a strategy for sampling individual land-use sources from select MS4 outfalls as well as in-stream fecal coliform concentrations. The plan describes the sampling strategy for Mecklenburg County and the three (3) incorporated areas of the watershed, including the Towns of Mint Hill, Indian Trail and Stallings. 2.7.2 Water Quality Monitoring Strategy The goals of the Goose Creek Water Quality Monitoring Plan are as follows: 1. Obtain watershed data and information for the successful development and implementation of BMPs as part of the WQRP. 2. Identify and eliminate pollution sources. 3. Evaluate Goose Creek for compliance with the State’s fecal coliform standard for Class C waters as described in Section 2.2 above. The monitoring strategy developed to achieve these goals consists of the following components that are described in detail in the following Sections: 1. Stream Walks 2. Land-Use Monitoring 3. In-Stream Monitoring 4. Continuous Monitoring and Alert Notification Network (CMANN) 5. USGS Monitoring 2.7.3 Stream Walks Between May and July 2007, MCWQP walked and/or waded all the perennial and intermittent streams in the Goose Creek Watershed and its tributaries within the boundaries of Mecklenburg Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 10 County and the Towns of Mint Hill, Stallings and Indian Trail. It is anticipated that these streams will be walked again in 2012 to document changes. The purpose of the stream walks is three (3) fold as follows: 1. Identify and eliminate potential sources of fecal coliform bacteria. 2. Identify land-use monitoring sites. 3. Identify MS4 Outfalls for each jurisdiction. In addition to those streams within each jurisdiction, streams flowing into a jurisdiction or those streams likely to be annexed by a jurisdiction are also identified for stream walks. The distribution of streams to be walked by jurisdiction is shown in Figure 4. The following information is collected during stream walks: 1. Samples are collected at tributaries upstream of the confluence of tributary mid-points and 50-acre drainage terminus points if stream flow is present. Samples are analyzed for fecal coliform and temperature. 2. Samples are collected of observed dry weather flows and laboratory analyses are performed for fecal coliform, temperature, specific conductance, chlorine, nutrients, fluoride, surfactant, NO2, and estimated flow (gpm). 3. A record is obtained of the locations of all storm water outfalls, pipe material and pipe diameter as well as any maintenance issues with the outfalls. 4. A record is obtained of the location of all Charlotte-Mecklenburg Utilities critical assets (aerials, stream crossings, etc.). 5. A record is obtained of the location of all stream blockages that could potentially cause flooding. 6. A record is obtained of potential sources of fecal coliform. These include dog kennels, active domestic animal operations, potential septic system problems and industrial outfalls, etc. Follow up investigations are conducted as necessary to eliminate pollution sources. 7. A record is obtained of areas of excessive erosion. 8. Future land-use sampling sites as described in Section 2.6.2 are identified. More detailed information regarding the procedures followed in the performance of stream walk activities is contained in the Illicit Discharge Detection and Elimination (IDDE) Policies and Procedures Manual (Mecklenburg County Water Quality Program, 2009). Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 11 Figure 4: Distribution of Stream Walks by Jurisdiction Legend Indian Trail Stallings Streams Mint-hill-goose.shp Indian Trail Streams to Walk Stallings Streams to Walk Mint Streams to Walk Goose Creek Watershed Table 3 presents the miles of stream walked or waded by jurisdiction in the Goose Creek Watershed. Table 3: Miles of Streams Walked or Waded by Jurisdiction Jurisdiction Miles Perennial Stream Miles Intermittent Stream Total Miles to Walk Mint Hill 32.8 13.9 46.7 Indian Trail 16.9 6.4 23.3 Stallings 9.3 4.4 13.7 2.7.4 Land-Use Monitoring MCWQP personnel are performing monthly sampling at select MS4 outfalls located downstream of each of the land-use types in the jurisdictions described in Table 4. The physical locations of the monitoring sites as identified in Table 5 and Figure 6 were identified during the stream walks conducted between May and July 2007 (see Section 2.6.3). This land-use monitoring began in October 2007 and is planned to continue through June 2010. The purpose of this monitoring is to categorize fecal coliform levels originating from individual land-uses in each of the jurisdictions. This monitoring data will be used identify specific land-uses for BMP retrofits to decrease fecal coliform levels in Goose Creek in compliance with the TMDL. As outlined in the Goose Creek TMDL Water Quality Recovery Program Guidance Document provided by DWQ, Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 12 permit holders may sample “substantially similar outfalls” to reduce the monitoring and analysis burden. Therefore, a minimum of one (1) site is sampled monthly downstream of each of the major land-use types found in Mint Hill, Stallings and Indian Trail. Figure 5 shows the general distribution of land-uses within the Goose Creek Watershed. Monitoring sites will be evaluated annually and new sites selected as necessary to ensure representativeness of the watershed as a whole. The following changes have occurred to site locations since monitoring began in October 2007: Site B moved from 6400 Matthews Mint Hill Road (longitude -80.662952, latitude 35.169341) to 3501 Matthews Mint Hill Road (Site B1) on October 5, 2009 (see Table 5). Site I moved from 2002 Centerview Drive (longitude -80.63122, latitude 35.118041) to 5004 Centerview Drive on September 18, 2008 due to 2002 Centerview Drive being discontinued as an active construction site (see Table 5). Table 4: Jurisdictions and Land-Use Types to be Sampled Jurisdiction Land-Use Types Mint Hill 0.25 – 0.5 ac Residential Commercial Institutional (school) Medium Density Residential (0.5 – 1 ac) I-485 Stallings 0.25 – 0.5 ac Residential Commercial Indian Trail 0.25 – 0.5 ac Residential Active Development Table 5: Land-Use Monitoring Sites in the Goose Creek Watershed Jurisdiction Monitoring Type ID Location Longitude Latitude Meck. Co. Runoff (0.25-0.5acre res.) A 15130 Yarmouth Rd. -80.655236 35.139909 Meck. Co. Runoff (Commercial) B1 3501 Matthews Mint Hill Rd. -80.683341 35.138450 Meck. Co. Runoff (Institutional) C 11524 Bain School Road -80.647348 35.174619 Meck. Co. Runoff (0.5 - 1 acre res.) D 5221 Turkey Oak Drive -80.660474 35.146612 Meck. Co. Runoff (I-485) E I-485 -80.629102 35.163096 Stallings Runoff (0.25-0.5 acre res.) F 9108 Tenby Lane -80.637598 35.138339 Stallings Runoff (Commercial) G 7800 Stevens Mill Road -80.622643 35.140097 Indian Trail Runoff (0.25-0.5 acre res.) H 7006 Joyful Noise Lane -80.629475 35.117090 Indian Trail Runoff (Active Const.) I 5004Centerview Dr. -80.629790 35.117733 Table Notes: Meck. Co. includes the Town of Mint Hill. Latitude and Longitude in Decimal Degrees. Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 13 Figure 5: Land-Use Distribution in the Goose Creek Watershed Land-Uses 0.25 - 0.5 ac res 0.25 ac res 0.5 - 2 ac res >2 ac res Ag Commercial Forest Golf Industrial Institutional Transportation Streams MS4 Jurisdiction Table 6 provides a description of the land-use monitoring performed in Mecklenburg County and the Towns of Mint Hill, Stallings and Indian Trail as part of the Goose Creek WQRP. Table 6: Description of Land-Use Monitoring in the Goose Creek Watershed Sample Type Grab sample collected at MS4 outfalls at the locations described in Table 5 above. Frequency Monthly during runoff events. Seasonal Considerations Sampling is performed without seasonal variation. Implementation Schedule Begin in October 2007 and continue through June 2010. Parameters Analyzed Fecal coliform bacteria, E coli, nitrite + nitrate, ammonia, total kjeldahl nitrogen, total phosphorus and copper. 2.7.5 In-Stream Monitoring MCWQP personnel are performing monthly in-stream sampling at the six (6) sites identified in Table 7 and Figure 6. Monitoring began in June 2007 at the in-stream monitoring sites located at Goose Creek and Stevens Mill Road in Union County (MY9) and at 10801 Tara Oaks Drive in Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 14 Mecklenburg County (MY14). Plans are to continue in-stream monitoring at these two (2) sites indefinitely. These sites are sampled on the third Wednesday of every month unless flow conditions are determined to be unsafe in which case sampling is performed immediately upon the return of safe conditions. This is referred to as fixed interval monitoring. Sampling began at the other four (4) in-stream sites identified in Table 7 in October 2009. Plans are to discontinue this monitoring in June 2010 along with the land-use monitoring described in the previous Section. These four (4) in-stream sites are sampled during runoff conditions along with the land- use monitoring sites. The purpose of in-stream monitoring is as follows: Identify and eliminate pollution problems. Measure watershed scale fecal coliform levels. Assess the overall effectiveness of the WQRP at attaining the water quality standard for fecal coliform. Table 7: In-Stream Monitoring Sites in the Goose Creek Watershed Jurisdiction Monitoring Type Location ID Longitude Latitude Meck. Co. Runoff 14805 Bridgewater Ln MY9A -80.657647 35.141011 Meck. Co. Runoff 4216 Crump Hill Ct SCT -80.652128 35.146806 Meck. Co. Runoff 16100 Thompson Rd GT1 -80641504 35.150959 Meck. Co. Runoff 13186 Lawyers Rd GC1 -80.639121 35157171 Stallings Fixed Interval Goose Creek at Stevens Mill Rd MY9 -80.631719 35.130114 Mint Hill Fixed Interval 10801 Tara Oaks Dr. MY14 -80.587390 35.180144 Table Notes: Meck. Co. includes the Town of Mint Hill. Latitude and Longitude in Decimal Degrees. Monitoring sites will be evaluated annually and new sites selected as necessary to ensure representativeness of the watershed as a whole. The following changes have occurred to site locations since in-stream monitoring began in June 2007: Sample site located at the DWQ compliance point on Mill Grove Road at Goose Creek moved to 10801 Tara Oaks Drive in July 2008. Four (4) runoff sample sites added in October 2009. Table 8 provides a description of the in-stream monitoring performed as part of the Goose Creek WQRP. Go o s e C r e e k W a t e r Q u a l i t y R e c o v e r y P r o g r a m f o r t h e A p p r o v e d F e c a l C o l i f o r m T M D L 15 Fi g u r e 6 : L o c a t i o n o f W Q R P M o n i t o r i n g S i t e s f o r F Y 1 0 Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 16 Table 8: Description of In-Stream Monitoring in the Goose Creek Watershed Sample Type Grab sample collected in the main flow of the stream channel. Frequency 1. Two (2) sites sampled monthly on a fixed interval, which is the third Wednesday of every month unless flow conditions are determined to be unsafe in which case sampling is performed immediately upon the return of safe conditions. These sites are identified in Table 7 above as the “Fixed Interval” monitoring type. 2. Four (4) sites sampled monthly during runoff events at the same time that land-use monitoring is performed. These sites are identified in Table 7 above as the “Runoff” monitoring type. Seasonal Considerations Sampling is performed without seasonal variation. Implementation Schedule Fixed interval monitoring began in June 2007 and will continue indefinitely. Runoff monitoring began in October 2009 and will continue through June 2010. Parameters Analyzed 1. Fixed Interval Monitoring Sites (2): USGS flow rate, temperature, dissolved oxygen, conductivity, pH, fecal coliform bacteria, E-coli bacteria, enterococcus bacteria, ammonia nitrogen, nitrate + nitrite, total kjeldahl nitrogen, total phosphorus, suspended solids, suspended sediment, turbidity, copper, zinc, chromium, and lead 2. Runoff Monitoring Sites (4): Fecal coliform bacteria. 2.7.6 Continuous Monitoring and Alert Notification Network (CMANN) In July 2009, MCWQP personnel installed a Continuous Monitoring and Alert Notification Network (CMANN) monitoring site at the in-stream monitoring site at MY9 (see Table 7 and Figure 6). CMANN monitoring began in June 2007 and is ongoing. The purpose of this monitoring is as follows: Identify pollution problems for implementation of corrective actions. Identify the relationship between turbidity (an indicator of suspended sediment) and fecal coliform levels. Monitoring sites will be evaluated annually and new sites selected as necessary to ensure representativeness of the watershed as a whole. The following changes will occur to CMANN site locations: By January 1, 2010, two (2) additional CMANN sites will be added, including one at MY14 (see Table 7 and Figure 6) and another at 12809 Bain School Road. Table 9 provides a description of the CMANN monitoring performed as part of the Goose Creek WQRP. Table 9: Description of CMANN Monitoring in the Goose Creek Watershed Sample Type Automated sampling using a YSI multi probe sonde which transmits data to a data logger that downloads to a website via an automated dial out system. Frequency Hourly. Seasonal Considerations Sampling is performed without seasonal variation. Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 17 Implementation Schedule Begin in June 2007 and continue indefinitely. Parameters Analyzed Turbidity, temperature, pH, dissolved oxygen, and conductivity. 2.7.7 USGS Monitoring The USGS maintains a flow gauge at Goose Creek at Mill Grove Road (USGS Site 0212467595) and a rainfall gauge at the Thompson Farm site off Lawyers Road in Mint Hill, NC (USGS Site 350857080383245) as indicated in Figure 6. Data from these sites will be incorporated into the WQRP. 2.7.8 Monitoring for Identification and Elimination of Pollution Sources Identification and elimination of sources of fecal coliform in the Goose Creek Watershed is an essential element in the overall strategy for reducing in-stream fecal coliform concentrations in Goose Creek. To accomplish this goal, MCWQP will utilize the same techniques outlined in its Illicit Discharge Detection and Elimination (IDDE) Policies and Procedures Manual (Mecklenburg County Water Quality Program, 2009). In addition, stream walks will be initiated as necessary to more thoroughly evaluate larger catchments. These procedures are identified in the monitoring plan described in Section 2.5.3 above. Over and above the IDDE Manual and monitoring plan, several specialized procedures have been developed for the identification of sources of fecal coliform in the Goose Creek Watershed as described below. Specialized IDDE Monitoring: An enhanced monitoring strategy was developed for the identification and elimination of pollution sources in the Goose Creek Watershed. This strategy involved the collection of samples every Thursday that were analyzed for temperature, fecal coliform and E coli. On the second Tuesday of each month, samples were collected and analyzed for temperature, fecal coliform, E coli, ammonia nitrogen (NH3), total kjeldahl nitrogen (TKN), nitrite + nitrate (NOx) and total phosphorus (TP). The monitoring consisted of at least five (5) consecutive samples collected during a 30 day period to determine if the fecal coliform levels exceeded the State standard (referred to 5/30 monitoring). Data from this sampling was used to identify sites for more source specific monitoring, including DNA analyses. This specialized monitoring was initiated every Thursday beginning on May 8, 2008 as well as the second Tuesday of each month beginning on May 13, 2008. The monitoring was conducted at the State compliance point located at Stevens Mill Road (Site MY9) and at six (6) locations upstream of MY9 as well as the compliance point located on Mill Grove Road (Site GC4) and the in-stream monitoring site at GC4. The monitoring sites are shown in Figure 7. All the sites were found to be in compliance with the State’s 5/30 standard except GC2A and GC3, which had fecal coliform counts at 878 c.f.u. and 810 c.f.u., respectively. Both of these sites are located on a tributary of Goose Creek. DNA analyses were performed on samples collected from this tributary confirming that the source was human. The area draining to this tributary was targeted for septic system inspections resulting in the identification of two (2) system malfunctions that were subsequently repaired. The 5/30 monitoring was discontinued on September 4, 2008. Sampling is planned at site GC2A Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 18 during FY10 to determine if the elimination of the septic system discharges will result in compliance with the standard. Livestock Impact Monitoring: In August and September 2009, samples were collected and analyzed for fecal coliform bacteria on three (3) separate occasions upstream and downstream of an area where cows have direct access to Goose Creek. The three (3) monitoring points are shown if Figure 8. This monitoring confirmed that the cows had a significant impact on fecal coliform levels in the creek. The property owner has been contacted and negotiations will occur in FY10 to attempt to eliminate livestock access to the creek. Figure 7: Specialized IDDE Monitoring Sites Reporting & Adaptive Management At the end of each fiscal year (June 30th), all monitoring data collected throughout the watershed will be reviewed and compiled into an annual report. The report will summarize all data and assess progress toward meeting the standard for fecal coliform. This report will be made available to the Towns of Mint Hill, Stallings and Indian Trail as well as NC DWQ. The report will also be posted on the Charlotte Mecklenburg Storm Water Services Website (www.charmeck.org) Adaptive management meetings will be held as needed and at least annually for the purpose of reviewing program activities, progress and data and assessing the need for change. All changes will be communicated to the agencies responsible for the implementation of the TMDL. Results of the water quality monitoring program will be posted on the web (www.charmeck.org) and made available to the appropriate agencies for comment and input MY9A SCT GT1 GC1 MY9 Comp. Pt. GC4 Comp. Pt. GC2A GC3 MY14 Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 19 Figure 8: Livestock Impact Monitoring Sites DNA Analysis: DNA analysis can determine the presence, identify the source and quantify fecal contamination in water samples. One method used targets bacteroidetes that are present in warm blooded animals. Bacteroidetes are predominately found in humans, cattle, swine, horses and dogs. These tests are effective for determining recent forms of fecal pollution. GC3 GC2A GC2 Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 20 The phylum Bacteroidetes is composed of three (3) groups of bacteria with the best-known category being Bacteroidaceae. This family of bacteria is found primarily in the intestinal tracts and mucous membranes of warm-blooded animals and is sometimes considered pathogenic. Fecal Bacteroidetes are considered an alternative to more traditional indicator organisms such as E. coli and Enterococci. Since they are strict anaerobes, they are indicative of recent fecal contamination when found in water systems. This is a particularly strong reference point when trying to determine recent outbreaks in fecal pollution. They are also more abundant in feces of warm-blooded animals than E. coli and Enterococci. Furthermore, these latter two (2) organisms are facultative anaerobes and as such they can be problematic for monitoring purposes since it has been shown that they are able to proliferate in soil, sand and sediments, which is not the case for Bacteroidetes. Costs: The estimated costs for implementing the enhanced monitoring effort are outlined in Table 10. Costs shown are for each 30 day period. Table 10: Estimated Enhanced Monitoring Costs Task Description Cost per 30 day period Fecal Coliform Sample Analysis ( 8 sites x $34.00/sample x 5 samples) $1,360.00 Nutrient Sample Analysis (8 sites x $62.75 x 1 sample) $502.00 Sample Collection, prep and sample turn in (4 hrs. x $42.80 x 5 events) $856.00 Total Cost per 30 Day Period $2,718.00 2.7.9 Quality Assurance / Quality Control All data discussed above will be collected by MCWQP staff, with the exception of flow and rainfall data which is collected by USGS. All sampling performed and data collected by MCWQP staff is in strict adherence to the following documents: Charlotte-Mecklenburg Surface Water Quality Sampling Procedures Manual, 2005 Continuous Monitoring Policy and Procedure Manual, 2005 Mecklenburg County Water Quality Program QA/QC Data Tracking, 2006 Charlotte-Mecklenburg Storm Water Services Quality Assurance Project Plan (QAPP), 2007 Mecklenburg County holds the following certifications associated with monitoring: NC Division of Water Quality Laboratory Certification Program – 5235:This certification is associated with the collection of samples, field parameters and instrumentation. 2.7.10 Data Analysis Data collected under this plan is subject to analysis on several levels as follows: 1. Stream Walks: Information collected from the stream walks will be categorized and converted to GIS format. The locations of sampling sites, storm water outfalls and Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 21 potential pollution sources will be identified. Sample results indicating the presence of high levels of fecal coliform (>1,000 c.f.u.) will be assigned for follow-up activities by the appropriate jurisdiction. The purpose of these follow up activities will be to identify and eliminate pollution sources. Identified land-use sampling sites will be established and sampled. 2. Land-Use Monitoring: The results from the land-use samples will be analyzed on a site by site basis. Basic descriptive statistics will be calculated for the data collected at each site, each group of like sites (e.g. residential), each jurisdiction and the data set as a whole. The land-use fecal coliform data set will be compared to rainfall and flow records, which are collected by the USGS, to develop a better understanding of fecal coliform build-up and wash-off for each of the land-uses. The number of dry days prior to sample collection, time since start of rainfall, rainfall intensity and other parameters will be assessed and compared to the fecal coliform dataset. It is anticipated that trends will be detected in the data which will help guide watershed restoration and retrofit efforts. 3. In-Stream Monitoring: The results from the in-stream fecal coliform sampling will be analyzed on a site by site basis to assess compliance with the fecal colifom standard. Sample results indicating the presence of high levels of fecal coliform (>1,000 c.f.u.) will be assigned to MCWQP staff for the initiation of immediate follow-up activities. The purpose of these follow up activities will be to identify and eliminate pollution sources. Basic descriptive statistics will be calculated for the data collected for each site and the dataset as a whole. Sample date and time will be used to identify the rainfall and flow regime in Goose Creek at the time of sample collection. The primary purpose of evaluating a flow or rainfall versus fecal coliform level is to determine if a reproducible relationship between the two exists. If a strong correlation does exist, USGS flow data may be used as a surrogate for fecal coliform. 4. CMANN: The results from the CMANN automated monitoring will be analyzed using basic descriptive statistics. The results will be compared to the USGS dataset to determine if a turbidity versus flow relationship exists. Monitoring results indicating potential water quality problems (action level exceedances) will be assigned for follow- up activities by MCWQP. The purpose of these follow up activities will be to identify and eliminate pollution sources. 5. USGS Monitoring: The USGS flow and rainfall dataset will be downloaded and analyzed to determine basic flow and rainfall distribution for the Goose Creek Watershed. USGS monitoring data will be used in conjunction with other data to determine if relationships between flow and or rainfall and fecal coliform or turbidity exist. 6. Pollution Sources: Records will be maintained of all pollution sources identified and eliminated, including source location and description, pollutant type, date detected and corrected, responsible staff, and any other relevant information. 2.8 Plan and Schedule for Identification of Storm Water Outfalls During the performance of stream walk activities for the water quality monitoring program, MCWQP staff collected data regarding the location of all storm water outfalls, pipe material and pipe diameter as well as any maintenance issues with the outfalls. This work was performed in Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 22 Mecklenburg County as well as the Towns of Mint Hill, Stallings and Indian Trail. Stream walk activities are discussed in more detail in Section 2.5.3 above. All spatial data was geocoded and stored in hand-held computers while in the field. Upon returning to the office, the data was downloaded into GIS and made available to staff for implementation of the WQRP. All outfall data was compiled and provided to DWQ in June 2007. It is anticipated that streams will be walked again in 2012 and the storm water outfall data updated. Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 23 SECTION 3.0 PROGRAM IMPLEMENTATION MCWQP anticipates that new sources of fecal coliform bacteria will be effectively controlled by the restrictions on future land development activities and wastewater treatment plant expansions imposed by the N.C. Site Specific Water Quality Management Plan for the Goose Creek Watershed that went into effect in February 2009. Therefore, the focus of MCWQP’s water quality recovery efforts in the Goose Creek Watershed will be on the control of existing sources of fecal coliform bacteria. This will be accomplished through the implementation of structural and non-structural best management practices (BMPs) designed to restore water quality conditions in the Goose Creek Watershed in compliance with the approved fecal coliform TMDL. The following Sections describe these BMPs. 3.1 Structural Best Management Practices 3.1.1 Purpose Retro-fitting existing land uses with structural BMPs to treat fecal coliform bacteria is one tool that can be implemented to reduce fecal coliform loading in the Goose Creek Watershed. The purpose of this Section is to identify structural BMPs that are effective at removing fecal coliform bacteria based on available research and to identify existing and proposed structural BMPs in the Goose Creek Watershed. Information regarding nonstructural BMPs for the control of fecal coliform bacteria in the Goose Creek Watershed is provided in Sections 3.2 and 3.3. 3.1.2 Structural BMP Analysis To evaluate the fecal coliform removal capabilities of various BMPs, MCWQP performed the following activities: Review of Fecal Coliform TMDL Implementation Plans from other jurisdictions. Research literature values for fecal coliform removal efficiencies for BMPs. Summarize and analyze local fecal coliform removal rates from MCWQP’s Pilot BMP Monitoring Program. 3.1.2.1 Review of Fecal Coliform TMDL Implementation Plans MCWQP reviewed 20 published plans to evaluate the structural BMPs other jurisdictions propose to use or are using as part of their Fecal Coliform TMDL Implementation Plan, The plans typically included lists of non-structural controls that were going to be implemented to reduce fecal coliform loadings. In addition, most plans indicated that structural BMPs may be used for control, but provided no data on the level of control or treatment that would be provided by the BMPs. MCWQP reviewed three (3) plans in detail and the results are provided below. Plan 1: The Moore’s Creek Fecal Coliform TMDL Implementation Plan (Thomas Jefferson Planning District Commission, 2005) noted that regional storm water treatment BMPs were not feasible for achieving the required fecal coliform reduction from existing urban lands and that non-structural measures, such as sanitary sewer and septic system improvements, would be used in these areas. Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 24 Plan 2: A few plans did mention structural storm water BMPs that were proposed for reducing fecal coliform loads and indicated levels of treatment for several BMPs. The Implementation Plan for the Fecal Coliform TMDL (Total Maximum Daily Load) for Four Mile Run, Virginia (Northern Virginia Regional Commission, 2004) included a graph of BMPs and approximate removal efficiencies from the Metropolitan Washington Council of Government’s Presentation Materials dated September 26, 2004. Table 11 provides a summary of the data contained in this graph. The plan concludes that BMPs with biological and chemical treatment processes (wet ponds, wetlands, and bioretention facilities are more effective at removing fecal coliform bacteria. Table 11: BMP Data from TMDL Implementation Plan, Four Mile Run, Virginia Structural BMP Bacteria Removal Efficiency (%) Bioretention 85 Infiltration Trench 85 Sand Filter 70 Wetlands 72 Wet Ponds 65 Note: Removal efficiency is concentration based. Plan 3: The Water Quality Implementation Plan for Blacks Run and Cooks Creek (Fecal Coliform and Aquatic Life TMDLs) (Virginia Department of Conservation and Recreation, 2006) identified the BMPs indicated in Table 12 as appropriate for implementation as part of their TMDL. Table 12: BMP Data from TMDL Implementation Plan, Blacks Run & Cooks Creek, Virginia Structural BMP Bacteria Removal Efficiency (%) Bioretention Filter 85 Rain Garden 85 Wet Retention Pond 80 Vegetated Buffer 50 Note: Removal efficiency is concentration based. This plan referenced that the removal efficiencies for the bioretention filter, rain garden, and wet retention pond BMPs were estimated based upon total suspended solid (TSS) removal efficiencies. Additionally, the vegetated buffer BMP efficiency was for buffers that treat twice the buffer area upstream of the buffer. 3.1.2.2 Fecal Coliform Removal Efficiencies for BMPs MCWQP reviewed several publications that contained BMP performance data for fecal coliform. In addition, the International Storm Water Database (Water Environment Research Foundation et al, 1999 - 2007) was used to search for performance data for various BMPs. One article entitled Grant Ranch Stormwater-Quality Management Program published in Storm Water Magazine (Jones et al, 2004) featured an evaluation of the performance of BMPs for a residential sub- division (Grant Ranch) in Littleton, CO. The 77-acre subdivision was designed with three (3) extended dry detention basins that discharge into a single wetland, thus creating a BMP Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 25 treatment train system. Three (3) years of influent and effluent data was collected on the BMP system. Table 13 summarizes the fecal coliform results from the BMP system. Table 13: Fecal Coliform Removal Efficiency for BMP Treatment Train in Littleton, CO Structural BMP Minimum Fecal Coliform Removal Efficiency (%) Maximum Fecal Coliform Removal Efficiency (%) Mean Fecal Coliform Removal Efficiency (%) Dry Detention with Wetland 81 99 91 Note: Removal efficiency is concentration based. The above BMPs were reportedly constructed in accordance with the 1992 Urban Drainage and Flood Control District Urban Storm Drainage Criteria Manual for Colorado (Urban Drainage and Flood Control District, 1992). A publication by Rutgers, The State University of New Jersey entitled Efficiency of Bioretention Systems to Reduce Fecal Coliform Counts in Storm Water (Rusciano et al, 2005) studied the effects various media depths of soil media, sand, and gravel had on the fecal coliform removal efficiency of bioretention systems. The pilot study was conducted in a laboratory using bioretention tubes. The results provided in Table 14 were provided by this study. Table 14: Data from Bioretention Study by the State University of New Jersey Structural BMP Minimum Fecal Coliform Removal Efficiency (%) Maximum Fecal Coliform Removal Efficiency (%) Mean Fecal Coliform Removal Efficiency (%) Bioretention (varying depths of soil media, sand, and gravel 54.7 99.7 87.8 Note: Removal efficiency is concentration based. The same study also quoted literature values reported by other studies as summarized in Table 15. Table 15: Data Summarized in the State University of New Jersey Report Structural BMP Reference Fecal Coliform Removal Efficiency (%) Wetland Birch et al., 2004 76 Wetland Kadlec and Knight, 1996 90 Wetland Davies and Bavor, 2000 79 Note: Removal efficiency is concentration based. The Rutgers’ study indicated that fecal coliform removal in BMPs was increased with: Removal of particle sizes of 2 micron and greater because fecal coliform has an affinity for adsorbing to particle sizes greater than 2 microns. Increased vegetation. Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 26 BMPs that have periods of wetness and dryness (such as bioretention) that stimulate increased anaerobic and aerobic microbes that are predatory to bacteria. Increased temperature. A publication entitled Removal of Microbial Indicators From Storm Water Using Sand Filtration, Wet Detention, and Alum Treatment Best Management Practices presented at the Sixth Biennial Storm Water Research & Watershed Management Conference September 14-17, 1999 (Southwest Florida Water Management District, 1999) studied three (3) BMPs under simulated storm conditions produced by flowing storm water (previously collected in a holding tank) of known fecal concentration into the BMP and collecting effluent samples at various time periods. Table 16 provides the results of this study. Table 16: Data from 6th Biennial Storm Water Research & Watershed Conference (Southwest Florida Water Management District, 1999) Structural BMP BMP Condition 1 BMP Condition 2 Fecal Coliform Removal Efficiency (%) Wet Pond 3.3-ft water depth 5-day detention 98.2 Wet Pond 9.0-ft water depth 5-day detention 88.5 Wet Pond 3.3-ft water depth 14-day detention 76.4 Wet Pond 9.0-ft water depth 14-day detention 69.2 Sand Filter -- -- 65.4 Alum Settling (jar test) -- -- 99.9 Note: Removal efficiency is load based. The above BMPs were reportedly constructed in accordance with Chapter 40D-4 of the Florida Administrative Code (Southwest Florida Water Management District, 1999). The study noted that shallower wet ponds were more effective at removing fecal coliform because of increased exposure to sunlight or UV radiation, which is known to eliminate fecal coliform. In addition to reviewing articles, MCWQP conducted searches on the International Storm Water Database for BMPs (Water Environment Research Foundation et al, 1999 - 2007)that have fecal coliform data. Neither the sampling protocols used nor the construction specifications for these BMPs were available for review. Table 17 presents the data obtained from searches on the International Storm Water Database for BMPs (Water Environment Research Foundation et al, 1999 - 2007). Table 17: Data Obtained from the International Storm Water Database for BMPs Structural BMP BMP Name Fecal Coliform Removal Efficiency (%) Wet Pond La Costa WB 99 Sand Filter La Costa PR 99.8 Sand Filter Foothill SF 71.5 Wet Pond DUST Marsh Debris 90 Peat/Sand Filter Via Verde 40 Note: Removal efficiency is concentration based. Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 27 3.1.2.3 Fecal Coliform Data from Local Pilot BMP Monitoring Program MCWQP has been monitoring several BMPs locally for the past four (4) years. The data has been tracked by MCWQP in cooperation with the City of Charlotte and North Carolina State University (NCSU). A summary of the monitoring data was provided by NCSU in a series of reports dated January 2007 (North Carolina State University, 2007). The reports included estimates of the efficiency ratios for each BMP based upon influent and effluent concentrations. Since influent and effluent flow data was also monitored for each BMP, MCWQP was able to calculate load efficiencies for certain BMPs. A summary of the monitoring data is provided in Table 18. Table 18: Data from BMP Monitoring in Mecklenburg County Structural BMP NCSU Fecal Coliform Removal Efficiency (%) MCWQP Fecal Coliform Removal Efficiency (%) Hal Marshall Rain Garden 69 94 Bruns Rain Garden -- 36 Bruns Wetland 70 -- Edwards Branch Wetland 99 -- West Brandywine Wetland -- 51 Pierson Wet Pond 57 -- Morehead Place Dry Detention < - 21 > < - 49 > University Executive Park Dry Detention < - 3 > < - 160 > Note: Removal efficiency is concentration based. It should be noted that the sampling protocol for fecal coliform grab sampling did not specify at which point during the rain event (runoff hydrograph) the influent and effluent samples were to be collected; therefore, the grab samples were collected at various periods during the rain event. Table 19 provides a summary of the BMPs studied and evaluated as part of the WQRP for Goose Creek. Table 19: Summary of all Data Collected Structural BMP Reported Fecal Coliform Removal Efficiency (%) Average Fecal Coliform Efficiencies from Studied BMPs (%) Hal Marshall Rain Garden 94 78Bruns Rain Garden 36 VA 4-mile Rain Garden 85 VA Blacks Run Rain Garden 85 78Rutgers Rain Garden 88 Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 28 Structural BMP Reported Fecal Coliform Removal Efficiency (%) Average Fecal Coliform Efficiencies from Studied BMPs (%) Bruns Wetland 70 79 Edwards Branch Wetland 99 West Brandywine Wetland 51 VA 4-mile Wetland 72 Grant Ranch Dry Detention /Wetland 91 Birch Wetland 76 Kadlec Wetland 90 Davies Wetland 79 Note: Removal efficiency is concentration based. 3.1.2.4 Observations from BMP Data Analysis Based upon review of the various fecal coliform TMDL Implementation Plans, literature publications, laboratory and field monitoring data, MCWQP makes the following observations: Other jurisdictions are using structural storm water BMPs as one tool for meeting their fecal coliform TMDL limitations. There is variability in the design criteria proposed for optimizing fecal coliform removal in BMPs. Dry detention ponds were not found to be effective at removing fecal coliform and in some instances increased loads of fecal coliform. Bioretention gardens, wet ponds, wetlands, sand filters, and infiltration BMPs show removal of fecal coliform from storm water runoff. It should be noted that all studied BMPs were designed according to different specifications. The depths of soil media, gravel, and sand layer in a bioretention cell do not affect the fecal coliform removal capability of the bioretention cell. Wet ponds with shallower permanent pool depths are more effective at removing fecal coliform than deeper wet ponds. Wet Ponds with 5-day detention time are more effective at removing fecal coliform than wet ponds with 14-day detention times. Comparison of the “tested” BMPs indicates variability of fecal coliform removal rates for various BMP types, but general trends were noted. 3.1.2.5 Recommendations MCWQP recommends that structural storm water BMPs be used as one tool for reducing fecal coliform concentrations in the Goose Creek Watershed. For BMP selection and use, the following additional recommendations are provided: Dry Detention BMPs should not be used to remove fecal coliform loads. Bioretention cells, wetlands, wet ponds, infiltration BMPs, and sand filters can be used to effectively remove fecal coliform loads. Since BMPs designed according to different standards showed fairly consistent removal of fecal coliform, MCWQP believes that there is no need to provide specific design Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 29 standards for BMPs used to remove fecal coliform. MCWQP recommends the use of existing design standards contained in the Mecklenburg County BMP Design Manual. In the absence of test data for a site-specific BMP, MCWQP recommends the use of the fecal coliform removal rates contained in Table 20 for estimating removal for retro-fitted BMPs. Table 20: Recommended BMP Removal Efficiencies for Retro-Fitted BMPs Structural BMP Reported Fecal Coliform Removal Efficiency (%) Bioretention Cells 80 Wetlands 80 Wet Ponds 80 Sand Filters 80 Note: Removal efficiency is concentration based. 3.1.3 Existing and Proposed Structural BMPs in the Goose Creek Watershed Table 21 provides the locations and types of BMPs either currently in operation in the Goose Creek Watershed and those proposed for installation by June 30, 2010. A map showing the locations of these BMPs in the watershed is provided in Figure 9. Table 21: Locations & Types of BMPs Completed or Proposed in the Goose Creek Watershed BMP-ID Location Status BMP Type Longitude Latitude 97 Bain School Completed Bioretention -80.6497 35.17484 87 Mint Hill Park Completed Bioretention -80.6343 35.1795 88 Mint Hill Park Completed Bioretention -80.6345 35.17919 89 Mint Hill Park Completed Bioretention -80.6338 35.17948 90 Mint Hill Park Completed Bioretention -80.6341 35.17912 91 Mint Hill Park Completed Bioretention -80.634 35.17857 92 Mint Hill Park Completed Bioretention -80.6341 35.17823 93 Mint Hill Park Completed Bioretention -80.6336 35.17805 94 Mint Hill Park Completed Bioretention -80.6342 35.17722 95 Mint Hill Park Completed Bioretention -80.6324 35.17973 534 Trinity Episcopal Church Completed Wet Pond -80.6814 35.13748 389 Bain School Completed Bioretention -80.6486 35.17508 511 Byrd & Ropas Doctor’s Off. Completed Bioretention -80.6646 35.16752 535 Trinity Episcopal Church Completed Wet Pond -80.6811 35.13768 544 CMC Medical Building Completed Dry Detention -80.6811 35.14706 G-1 Yarmouth Road Completed Bioretention -80.6497 35.14305 G-2 Oxford Glen Sub-division Proposed Bioretention -80.651 35.14633 G-3 Queens Grant School Completed Dry Detention -80.6627 35.16575 G-4 Country Woods Completed Linear Wetland -80.6336 35.14531 G-5 Bain School Road Proposed Livestock Fencing -80.6352 35.16246 Note: Latitude and Longitude in Decimal Degrees. Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 30 As indicated in Table 21, the two (2) new BMPs planned for implementation in the Goose Creek Watershed in FY10 include the installation of a structural BMP with a culvert improvement in the 15400 block of Thompson Road in Mint Hill and the installation of a fence to exclude livestock from the creek at 12601 Bain School Road also in Mint Hill. Figure 9 shows these sites as G2 and G5, respectively. Figure 9: Locations of BMPs Completed or Proposed in the Goose Creek Watershed G-4 G-5 38997 9589 9493 92 91 87 90 88 G-3511 G-2 G-1 544 535534 gp Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 31 3.2 Septic System Inspections (Non-Structural BMP) The primary sewage disposal method in the Goose Creek Watershed is the on-site septic system. It is estimated that over 1,300 of these systems are in operation on single-family residential lots dispersed throughout the watershed in Mecklenburg County. Municipal sewer collection is very sparse in the Goose Creek Watershed and there are only five (5) private wastewater treatment plants with two (2) in Mecklenburg County and three (3) in Union County. Due to the proliferation of septic systems in the watershed, it is expected that failing or malfunctioning systems are a source of fecal coliform bacteria from humans. The primary reasons for failing systems are improper maintenance by the system owner and poor installation. A pilot study for the inspection of individual septic systems was implemented from April through June of 2009 in the Goose Creek Watershed in Mecklenburg County. Septic systems in Mecklenburg County are regulated by Ground Water and Waste Water Services (GWWS); therefore, MCWQP worked with the inspectors employed by GWWS in the completion of this pilot study. The purpose of these inspections was to inform residents regarding the proper maintenance of their septic systems and to inspect the system to ensure proper operation. The inspection form used is provided Appendix 3. A copy of the educational information distributed during these inspections is provided in Appendix 4. All septic systems in Mecklenburg County are planned to be inspected by July 2011. The prioritization scheme to be following in scheduling these inspections is provided in Appendix 5. Stallings and Indian Trail are considering the implementation of a similar septic system inspection program within their jurisdictions. 3.3 Public and Staff Participation and Outreach (Non-Structural BMP) 3.3.1 Methodology The goals of the public participation and outreach efforts to be conducted in the Goose Creek Watershed are as follows: Increase awareness of the WQRP on the part of citizens and public employees in the watershed and inform them of the actions they can take to lower fecal coliform concentrations in the creek. Increase participation among residents in the watershed in existing volunteer programs offered by Mecklenburg County, including Adopt-A-Stream and Storm Drain Marking. Inform citizens of the proper disposal of dog waste. These goals will be achieved by completing the following actions at least once during each fiscal year beginning in FY10. The following Sections provide additional detail regarding these actions. Conduct a minimum of one (1) public workshop in the watershed. Conduct a minimum of one (1) workshop targeted toward public employees within the watershed, particularly employees with the Mecklenburg and Union Counties as well as the Towns of Mint Hill, Stallings and Indian Trail. Place a minimum of one article in the newsletters distributed by the Towns of Mint Hill, Stallings and Indian Trail. Distribute postcards, fliers and other written educational materials by mail, at event displays, etc. Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 32 3.3.2 Public Workshop Beginning in FY2010, MCWQP will conduct annual workshops for staff and the general public in the Goose Creek Watershed to inform them of the WQRP in Goose Creek and the actions they can take to assist in our efforts to reduce fecal coliform bacteria levels. Brochures and various other educational materials will be distributed during these workshops. Attendees will be solicited for participation in volunteer activities to restore water quality conditions in Goose Creek, including Storm Drain Marking and Adopt-A-Stream. 3.3.3 Staff Development Beginning in November 2009, MCWQP will host annual workshops for the staff of Mecklenburg and Union Counties as well as the Towns of Mint Hill, Stallings, Fairview and Indian Trail. The workshops will include the use of PowerPoint presentations, handouts and other information to cover the following topics: Why efforts to protect and restore water quality conditions in Goose Creek were initiated, how have these efforts evolved over time and why, and what is our measure of the success of these efforts. Overview of the Goose Creek Water Quality Recovery Program, including a description of each component and time frame for implementation. Overview of the Goose Creek Site Specific Management Plan. Detailed description of how staff will be involved in the implementation of the programs described in numbers 2 and 3 above. Description of educational materials available to residents. 3.3.4 Newsletters Beginning in January 2010 and occurring annually thereafter, MCWQP will provide the Towns of Mint Hill, Stallings and Indian Trail with articles for inclusion in their newsletters to inform residents of the WQRP in Goose Creek and the actions they can take to assist in our efforts to reduce fecal coliform bacteria levels. Participation in the volunteer programs will also be solicited in the articles and dates for future workshops will be announced. 3.3.5 Dog Waste Dog waste is a potential contributor of elevated fecal coliform bacteria levels. Dog waste left on trails, sidewalks, streets, and grassy areas are carried by rainwater into storm drains to nearby rivers, lakes and streams, including Goose Creek. Like human waste, animal waste may contain parasites, viruses, intestinal worms and bacteria, particularly fecal coliform. A single gram of pet waste contains an average of 23 million colonies of fecal coliform bacteria. Some of the suggested behaviors for pet owners to adopt to reduce fecal coliform bacteria levels in surface waters are as follows: Pick up after your pet every single time they defecate. Check with your pet store for products that make picking up dog waste easy. Throw away pet waste in the garbage; never wash it into the gutter or storm drain. Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 33 Never dispose of waste in or leave it near creeks and lakes. Carry extra bags in your car, so you are prepared when you travel with your pet. Get involved in a pet group and remind others to pick up after their pets. Educate neighbors. MCWQP believes that by educating pet owners in the Goose Creek Watershed regarding the above behaviors an increased amount of pet waste will be properly disposed of and not end up in the creek thus reducing in-stream fecal coliform bacteria levels. The target of this educational campaign will be pet owners. Typically, active dog walkers pick up after their pets; therefore, the educational campaign will focus on residents in the Goose Creek Watershed that leave their dogs in the yard. In the Goose Creek Watershed, the addresses of pet owners that reside adjacent to the creek have been obtained. During November and December of 2009, MCWQP will mail these pet owners a postcard with information regarding the proper disposal of pet waste (see Figure 10). Homeowner Association (HOA) presidents in the Goose Creek Watershed will also receive this information as well as an article for inclusion in the HOA newsletter. The next step in the educational campaign for proper pet waste disposal will be to partner with veterinarians and dog related businesses to get the message out where dog owners shop. Each veterinarian and pet store within the Goose Creek Watershed will receive posters to hang up in their business and information to hand out to customers. This will occur in February and March of 2010. The final approach will be to reach dog owners where they take their pets. This will occur in May and June of 2010. MCWQP will partner with Mecklenburg County Park and Recreation to establish protocol for dog waste removal at its numerous dog parks. Their mutt-mitt stations will be labeled with a message to promote cleaning up after pets. A traveling exhibit will also be created to take to dog related events, such as Bark in the Park, Pet Parade and Earth Day. Some of the products of the campaign have already been created; others will be designed around the focus group results. In preliminary discussions the following are being considered: Postcards for distribution in mail or at businesses (see Figure 10). Posters at veterinarians’ offices. Signs in pet store waste removal aisles. Incentives have also been considered to help dog owners establish correct pet waste disposal methods. In order for the avid dog walker to always be prepared when taking walks with their pet, MCWQP will provide bags on board product (see Figure 11) to pet owners in the Goose Creek Watershed that attend a dog event. The major baseline for program evaluation is water quality. We have sampling sites in all of the target watersheds. Fecal numbers will be recorded before the marketing campaign begins, during the campaign, as well as to be determined intervals after the message goes out. Other methods of evaluation are the number of pledge cards received, to be counted by staff. Charlotte-Mecklenburg Storm Water Services will work with pet stores to determine the number of pet waste disposal products sold in their stores. Veterinarians will tally the number of materials handed out in their offices. Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 34 Figure 10: Pet Waste Postcard (front) (back) Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 35 Figure 11: Bags on Board Containing Pet Waste Disposal Bags 3.4 Documenting Removal Efficiencies for Structural and Non-Structural BMPs As described in Section 2.2, fecal coliform removal efficiencies will be assigned to each BMP utilized in the Goose Creek Watershed as part of the WQRP, including both structural and non- structural varieties. Section 3.1.2 contains sufficient documentation for the establishment of the removal efficiencies for structural BMPs but research needs to be completed to establish the removal efficiencies for the non-structural variety, including septic system surveys, public education and involvement, etc. It is believed that such removal efficiencies have been documented elsewhere in the country. During FY09-10, MCWQP will research this documentation and establish removal efficiencies for non-structural BMPs using the best available data and information. This research and established removal efficiencies will be documented in the FY10 revisions to Section 3 of the WQRP Plan, which will be completed and submitted to DWQ for review and consideration by August 31, 2010. Following approval of by DWQ, MCWQP will track and total the removal efficiencies for all the BMPs completed in the watershed. Once sufficient BMPs have been employed to achieve a 92.5% removal efficiency in all the MS4 areas in the Goose Creek Watershed the WQRP Plan will consider the MS4 areas to be compliant with the TMDL and the WQRP will have reached its endpoint. 3.5 BMP Implementation Schedule for FY10 Provided below is the schedule for the development and implementation of the BMPs planned for FY10: 1. July 2009 through June 30, 2010: Continuation of the septic system survey in the watershed. 2. October 2009: Initiate efforts toward the installation of fencing at 12601 Bain School Road in Mint Hill to exclude livestock from the creek. 3. November 2009: Conduct annual workshop for staff and the general public. 4. December of 2009: Mail pet waste postcard. Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 36 5. January 2010: Initiate efforts toward the installation of BMPs with the culvert project planned for the 15400 block of Thompson Road in Mint Hill. 6. January 2010: Distribute articles in the Towns’ newsletter. 7. February and March of 2010: Partner with veterinarians and pet related businesses to distribute pet waste information. 8. May and June of 2010: Reach owners where they take their pets (dog parks, etc.). Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 37 SECTION 4.0 DATA COLLECTION AND DOCUMENTATION 4.1 Data Collection The data collected for the Goose Creek WQRP consists of water quality monitoring data, locations of the storm drain inlets and outlets, and various data and information documenting the activities performed and BMPs employed to restore water quality conditions in compliance with State standards. The data in each of these three (3) categories differs with regard to how it is collected, assessed and maintained as described below. All data is stored on a Mecklenburg County server that is maintained by the IST Department. 4.1.1 Monitoring Data All monitoring activities for the WQRP will be performed in strict accordance with MCWQP’s QAPP. This QAPP is maintained on the following LAN site: G:\WQ_Xfer\WQ\Policies & Procedures\11.QAPP. MCWQP’s Quality Assurance and Quality Control (QA/QC) Officer will be responsible for ensuring compliance with this QAPP. The majority of the samples collected by MCWQP for the WQRP will be delivered for analysis to the laboratory operated by Charlotte-Mecklenburg Utilities (CMU) located at 4222 Westmont Drive in Charlotte, N.C. (certification #192). On occasion, due to laboratory work load or in order for holding times to be met, samples will be delivered for analysis to Prism Laboratory located at 449 Springbrook Road in Charlotte, N.C. (certification #402). Analytical results will be transferred digitally and via hard copy to the QA/QC Officer from the laboratory within 45 days of sample collection. The only exception to this rule will be with the CMANN data, which will be reviewed and quality assured by the CMANN Project Officer and submitted to the QA/QC Officer electronically. Field staff will provide completed field data sheets and copies of Chain of Custody forms to the QA/QC officer on the same day the samples and field measurements are collected. The QA/QC Officer is responsible for the compilation, review, verification, validation, and warehousing of all water quality monitoring data collected by MCWQP. As part of this process, the QA/QC Officer will immediately forward all exceedances of State standards or local Action Levels as well as any observed negative water quality conditions to the Water Quality Supervisor for the initiation of immediate follow up activities to identify and eliminate pollution source(s) in accordance with IDDE Procedures for MCWQP. On at least a monthly basis, data will be compiled, quality assured and added to the Water Quality Data Repository (WQDR), which is a component of the Environmental Data Management System (EDMS) maintained for MCWQP. This data will be readily available to staff through the use of SAS reports. In addition, data will be maintained on the website described in Section 2.4 above. 4.1.2 Storm Drain Inventory Data During the course of the stream walks conducted in the Goose Creek Watershed during the summer of 2007, all storm drain inlets and outlets were identified in Mecklenburg County and the Towns of Mint Hill, Stallings and Indian Trail. Data was collected in the field using ArcPad software installed on GPS enabled hand-held computers called Trimble Units. Upon return to Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 38 the office, data was downloaded from the Trimble Units into GIS and stored in EDMS, which is accessible by all MCWQP staff for Mecklenburg County and Mint Hint Hill. Figure 12 illustrates how this data is represented in EDMS. For the Towns of Stallings and Indian Trail, GIS data was downloaded onto a CD and provided to staff for their use. Figure 12: Storm Drain Inlets and Outlets in EDMS Storm drain inlets and outlets will be updated in EDMS as new development occurs based on data submitted to Mecklenburg County by builders and developers. This is a requirement prior to the final approval of construction activities. 4.1.3 Documentation of WQRP Activities Written reports will be completed to document the activities performed and BMPs employed to restore water quality conditions in compliance with State standards. These reports will be entered into EDMS on Work Order forms contained in software called Cityworks. These Work Orders include “Comment” fields and attachments to describe activities completed. Figure 13 illustrates a Work Order template in EDMS. Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 39 Figure 13: Work Order Template in EDMS 4.2 Reports An annual report summarizing the activities associated with the WQRP and its overall effectiveness will be prepared and submitted to the WQRP Advisory Group described in Section 2.4 above by July 15th of each year, which is two (2) weeks following the end of the fiscal year. These annual reports will include the following sections: 1. Water Quality Data Assessment: Assessment of data collected through the water quality monitoring program established for the WQRP, including current status and trends toward meeting the State standard for fecal coliform. 2. BMP Assessment: Description of the BMPs employed during the fiscal year and an assessment of their effectiveness as well as BMP measures that will be implemented next fiscal year to restore water quality conditions in compliance with State standards. 3. Cost-Benefit Analysis: Analysis of each BMPs cost relative to the amount of fecal coliform bacteria removed. 4. Source Reduction: Description of the water quality problems identified and eliminated and the estimated load reduction. 5. Adaptive Management: Recommended changes to the WQRP to improve compliance with TMDL targets and the State water quality standard. 6. Public Participation and Outreach: Description of the activities performed to educate and involve the public in efforts to restore water quality conditions in Goose Creek. 7. Staff Development: Description of the activities performed to educate and involve staff in efforts to restore water quality conditions in Goose Creek. Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 40 SECTION 5.0 PROGRAM EVALUATION 5.1 Assessing the Effectiveness of BMPs and WQRP The WQRP Advisory Group described in Section 2.4 above was developed in November 2006 for the purpose of reviewing program activities and data and assessing the need for change. This group consists of representatives from the following: Mecklenburg County Water Quality Program Town of Mint Hill Town of Stallings Town of Indian Trail Union County DWQ In addition, representatives of other jurisdictions interested in the recovery program and private citizens with an interest and knowledge of the TMDL program often participate in discussions and meetings. The MCWQP representative will take the lead in setting up the meetings, establishing agendas and providing all necessary background information. The WQRP Advisory Group will meet at a minimum of annually before August 15th following the release of the WQRP annual report by July 15th (see Section 4.2 above). Additional meetings will be held during the year as deemed necessary by MCWQP or any other member of the WQRP Advisory Group. The purpose of this meeting will be to assess the effectiveness of the BMPs employed during the fiscal year and the overall effectiveness of the WQRP at meeting TMDL targets. The group will also identify additional BMPs or changes in the WQRP needed to ensure the fulfillment of all TMDL objectives. MCWQP staff will review the data presented in the annual report during the meeting of the group after which a discussion will take place for evaluating the overall effectiveness of the BMPs and associated cost-benefit analysis as well as the overall WQRP. 5.2 Cost-Benefit Analysis The cost-benefit analysis is an integral component of the process for evaluating the WQRP. The costs associated with the completion of both structural and non-structural BMPs will be carefully documented throughout the fiscal year. In addition, the removal efficiencies for these BMPs as described in Section 3.4 will be tracked. At the end of each fiscal year, this data will be compiled to identify the estimated cost associated with the removal of fecal coliform bacteria for each BMP employed. This data will be summarized and included in the annual report completed and submitted the WQRP Advisory Group and DWQ by July 15th of every year. This data will be carefully evaluated during the annual meetings of the WQRP Advisory Group for identification of the BMPs to be employed the next fiscal year. For FY09, cost data was available for the retrofit BMP projects (bioretention systems) installed at Mint Hill Park on Fairveiw Road and the non-structural BMP implemented through the septic system survey. The total fecal coliform load removed as a result of theses BMPs was also estimated to identify the benefit of these BMPs. The results of this analysis are as follows: Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 41 BMP Cost vs. Benefit Estimated annual fecal coliform removal from the 2 rain gardens = 869 billion colonies The estimated cost of the 2 rain gardens = $249,000 Cost per billion colonies removed = $286 Septic System Survey Cost vs. Benefit Estimated annual fecal coliform removal from septic system inspections = 135 billion colonies The estimated cost of the septic system inspections = $8,989 (includes inspection costs only and the cost to the owner of the repair) Cost per billion colonies removed = $67 (based on the assumption that all the fecal bacteria from the failing system reaches the creek) Based on the above cost-benefit analysis, septic system inspections are approximately four (4) times more cost effective at the removal of fecal coliform bacteria than retrofitted-structural BMPs in the Goose Creek Watershed. In other words, for every $1 spent on the septic system inspection program at least $4 would have to be spent on structural BMP retrofits to achieve the same pollutant removal load. Therefore, maximum effort should be focused on the completion of the septic system survey and the implementation of the survey in Indian Trail and Stallings. Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 42 SECTION 6.0 ADAPTIVE MANAGEMENT 6.1 Assessing the Need for Change During the annual meeting of the WQRP Advisory Group held in August of every year as discussed in Section 5.1 above, MCWQP staff will explain the overall effectiveness of the BMPs and WQRP at complying with the State water quality standard and lead a subsequent discussion regarding the changes that are needed to maximize the cost-benefit ratio. The purpose of this discussion will be to identify specific changes and/or additions to the BMPs and WQRP Plan that are necessary in order to more effectively comply with the TMDL targets and State water quality standard in a cost efficient manner. 6.2 WQRP Plan Updates MCWQP will record comments and input received during the annual WQRP Advisory Group meeting regarding the effectiveness of the BMPs and WQRP as well as the changes necessary to improve compliance with the TMDL targets and State water quality standard. MCWQP staff will carefully consider these comments and update the WQRP Plan accordingly. In addition, the annual report will be modified if the WQRP Advisory Group believes that data and information presented in the annual report is inaccurate or incomplete. The updated WQRP Plan and annual report will be provided to DWQ no later than August 30th of every year. As required by Part II, Section A, Paragraph 11 (e) of the Phase II Permit, following any review and comment by DWQ regarding the WQRP, MCWQP will incorporate any necessary changes into the WQRP Plan. The WQRP Plan will be incorporated into the Storm Water Management Program Plan by August 30th of every year and implementation of the new Plan will begin immediately. The revised WQRP Plan and Storm Water Management Program Plan will be placed on the website. An email will be sent to the WQRP Advisory Group informing them that the revised WQRP Plan has been finalized and making them aware of its location on the website. As the WQRP Plan is changed, the version and date are to be changed on the front cover of the document. Only the current version is to be located on the website under the name “Goose Creek WQRP V_.doc.” The blank after WQRP Plan is to include the version number such as 1, 2, 3, 4, etc. The current version of this Plan is also to be maintained on the LAN in the following folder: G:\WQ_Xfer\WQ\Goose Recovery Plan. Old versions of the WQRP Plan are to be maintained on the LAN in the following folder: G:\WQ_Xfer\WQ\Goose Recovery Plan\Archived WQRPs. 6.3 Program Analysis and Adaptive Management Schedule Provided below is the schedule for program assessment and adaptive management as described in Sections 5.1 and 6.1 above. 1. By July 15 th of every year: MCWQP to complete annual report including a cost-benefit analysis of BMPs and provide to members of the WQRP Advisory Group. 2. By August 15 th of every year: MCWQP to hold a meeting of the WQRP Advisory Group to review the annual report, assess the effectiveness of BMPs and modify and/or add to the WQRP Plan and/or BMPs as deemed appropriate. Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 43 3. By August 30 th of every year: MCWQP to complete modifications to the WQRP Plan, BMPs and annual reports and submit to DWQ. 4. By August 30 th of every year: MCWQP to place revised WQRP Plan, Storm Water Management Program Plan, annual report, and all monitoring data on the website and send an email to the WQRP Advisory Group informing them that the revisions and making them aware of its location on the website. All changes to the WQRP will become effective on August 30th of each year. Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 44 SECTION 7.0 SCHEDULE Table 22 provides the WQRP activities to be performed and the associated schedule. Table 22: WQRP Schedule Activity Initiation Date Completion Date Measure of Success Program Development Develop a Water Quality Recovery Plan (WQRP) for the Goose Creek Fecal Coliform TMDL August 2006 April 2007 WQRP Plan developed, implemented & incorporated into Storm Water Management Program Plan with updates ongoing. Develop WQRP Advisory Group November 2006 Ongoing Active group established and ongoing with meetings at least annually in August. Develop WQRP Website April 2007 Ongoing with a minimal of annual updates Website developed, including at a minimum the WQRP Plan, Annual Reports and Monitoring Data. Develop WQRP Monitoring Plan April 2007 Ongoing Monitoring plan developed and incorporated into WQRP Plan. Develop a Plan & Schedule for Identification of Storm Water Outfalls April 2007 April 2007 Plan and schedule developed and incorporated into WQRP Plan. Program Implementation Identification of Storm Water Outfalls May 2007 July 2007 Outfalls identified and made available to staff through GIS. Updates to the database will be provided by contractors/ developers as new development occurs. Implementation of Monitoring Program May 2007 Ongoing Monitoring conducted in accordance with Plan in Section 2.6. Data evaluation & pollution sources identified and eliminated immediately upon receipt of data. Identification & Implementation of BMPs April 2007 Ongoing BMP study completed to identify BMPs some of which were implemented in FY09 as discussed in Section 3. BMPs to be implemented during FY10 are listed in Section 3.4. Implementation of Public Participation & Outreach Efforts May 2009 Ongoing Brochures for proper maintenance of septic systems. FY10 activities and schedules included in Section 3.3. Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 45 Activity Initiation Date Completion Date Measure of Success Staff Development April 2007 Ongoing Staff training and updates on WQRP during staff meetings. FY10 activities and schedules included in Section 3.3 Data Collection & Documentation Data Collection May 2007 Ongoing Data collection occurs during monitoring and BMP implementation. Reports July 9, 2008 Ongoing Data summarized and provided in annual report submitted to WQRP Advisory Group and DWQ by July 15th of every year. Also placed on website. Program Evaluation Assessing the Effectiveness of BMPs & WQRP August 4, 2009 Ongoing Occurs at a minimum of annually in accordance with Section 5. Cost-Benefit Analysis August 4, 2009 Ongoing Occurs at a minimum of annually in accordance with Section 5. FY09 Program Evaluation May 2009 August 4, 2009 Occurs at a minimum of annually in accordance with Section 5. Adaptive Management Assessing the Need for Change August 4, 2009 Ongoing Occurs at a minimum of annually in accordance with Section 6. WQRP Updates August 4, 2009 Ongoing Occurs at a minimum of annually in accordance with Section 6. Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 46 SECTION 8.0 REFERENCES Mecklenburg County Water Quality Program, 2009, Illicit Discharge Detection and Elimination (IDDE) Policies and Procedures. 700 North Tryon Street, Charlotte, N.C. Thomas Jefferson Planning District Commission. 2005. Moore’s Creek Fecal Coliform TMDL Implementation Plan. 401 East Water Street, Charlottesville, VA. Northern Virginia Regional Commission. 2004. Implementation Plan for the Fecal Coliform TMDL (Total Maximum Daily Load) for Four Mile Run, Virginia. 7535 Little River Turnpike, Suite 100, Annandale, VA. Virginia Department of Conservation and Recreation. 2006. Water Quality Implementation Plan for Blacks Run and Cooks Creek (Fecal Coliform and Aquatic Life TMDLs). 44 Sanger Lane, Suite 102, Staunton, VA. Water Environment Research Foundation. 1999 – 2000. American Society of Civil Engineers (ASCE) / Environmental and Water Resources Institute (EWRI), the American Public Works Association (APWA), the Federal Highway Administration (FHWA), and U.S. Environmental Protection Agency (EPA), 1999 – 2007, International Storm Water Database, www.bmpdatabase.org. Jones, Jonathan E., Earles, Andrew, Fassman, Elizabeth A., Doerfer, John T. and Carroll, John E.: 2004. Grant Ranch Stormwater-Quality Management Program, Stormwater Magazine. Forester Media Inc., Santa Barbara, CA. Urban Drainage and Flood Control District. 1992. Urban Storm Drainage Criteria Manual, Denver, CO. Rusciano, G.M., C.C. Obropta. 2005. Rusciano, G.M. Efficiency of Bioretention Systems to Reduce Fecal Coliform Counts in Stormwater. Proceedings of The North American Surface Water Quality Conference and Exposition, Orlando, Florida, July 18-25, 2005. Forrester Communications, Inc., Santa Barbara, CA. Birch, G.F., C. Matthai, M.S. Fazeli, and J. Suh. 2004. Efficiency of a Constructed Wetland in Removing Contaminants from Stormwater. Wetlands. Kadlec, R.H. and R.L. Knight. Pathogens. 1996. In Treatment Wetlands. CRC Press, Inc.: Boca Raton, FL Davies, C.M. and H.J. Bavor. 2000. The Fate of Stormwater-Associated Bacteria in Constructed Wetland and Water Pollution Control Pond Systems. Journal of Applied Microbiology. Southwest Florida Water Management District. 1999. Removal of Microbial Indicators From Storm Water Using Sand Filtration, Wet Detention, and Alum Treatment Best Management Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 47 Practices presented at the Sixth Biennial Storm Water Research & Watershed Management Conference September 14-17, 1999. 2379 Broad Street, Brooksville, FL. North Carolina State University. 2007. City of Charlotte Pilot BMP Monitoring Program Pierson Pond Final Monitoring Report, City of Charlotte Pilot BMP Monitoring Program Shade Valley Wet Pond Final Monitoring Report, City of Charlotte Pilot BMP Monitoring Program Edwards Branch Wetland Final Monitoring Report, City of Charlotte Pilot BMP Monitoring Program Bruns Ave. Elementary School Wetland Final Monitoring Report, City of Charlotte Pilot BMP Monitoring Program Morehead Dry Detention Basin Final Monitoring Report, City of Charlotte Pilot BMP Monitoring Program University Executive Park Dry Detention Basin Final Monitoring Report, and City of Charlotte Pilot BMP Monitoring Program Hal Marshall Bioretention Final Monitoring Report. Raleigh, NC. Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 48 Appendix 1: Goose Creek TMDL Notification from N.C. Division of Water Quality Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 49 Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 50 Appendix 2: Water Quality Recovery Program Guidance Document Notification Pursuant to the terms and conditions of their NPDES Permit, Part II, Final Limitations and Controls for Permitted Discharges, Section A, Program Implementation, Paragraph 11 (a), Mecklenburg County was notified that they are subject to an approved Total Maximum Daily Load (TMDL). Permit Requirements Program Development No later than September 1, 2008, Permittee shall: Establish a TMDL Water Quality Recovery Program (WQRP). Identify the locations of all currently known MS4 outfalls within its jurisdictional area with the potential of discharging the pollutant(s) of concern to the impaired segments, to their tributaries, and to segments and tributaries within the watershed contributing to the impaired segments. Develop and submit a schedule to discover and locate all other MS4 outfalls within its jurisdictional area that may be discharging the pollutant(s) of concern to the impaired stream segments, to their tributaries, and to segments and tributaries within the watershed contributing to the impaired segments. Develop a monitoring plan for each pollutant of concern and submit for DWQ review and approval. Annual Report (No later than September 1, 2008): Include the location of all currently known MS4 outfalls with the potential of discharging the pollutant(s) of concern, the schedule for discovering and locating currently unknown MS4 outfalls with the potential of discharging the pollutant(s) of concern, and the monitoring plan. Annual Reports (No later than September 1, 2009 and thereafter): Include an assessment of data collected for each pollutant of concern. Include an assessment of the effectiveness of the BMPs employed and propose additional BMP measures that may be necessary to return the impaired segments to compliance with state water quality standards. Implementation The permitee shall implement appropriate BMPs to control pollutants of concern to the maximum extent practicable. Following any review and comment by the Division on the TMDL Water Quality Recovery Program, the permitee shall incorporate any necessary changes into the Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 51 program. The permittee shall incorporate the revised TMDL WQRP into the Storm Water Management Plan. Suggested Minimum Elements of a Water Quality Recovery Program Identify the purpose and goals of a TMDL WQRP. Establish a TMDL advisory group. group. Establish a website to document and disseminate information and results. Identify the location of all currently known MS4 outfalls with the potential of discharging the pollutant(s) of concern. Develop a schedule for discovering and locating currently unknown MS4 outfalls with the potential of discharging the pollutant(s) of concern. Develop and implement a monitoring plan. An assessment of the available data for pollutant of concern. Identify BMPs, time frames, and costs necessary to achieve reduction. An assessment of the effectiveness of the BMPs employed, to determine what, if any, additional BMP measures may be necessary to return the impaired segments to compliance with State water quality standards. Implement appropriate BMPs to control the pollutants of concern to the maximum extent practicable. Incorporate the TMDL WQRP into the Permittee’s Storm Water Management Plan. Documentation. Public Participation and Outreach Activities. Staff Development Cost-Benefit Analysis. Monitoring Plan The monitoring plan shall include the sample location by verbal description and latitude and longitude coordinates, sample type, frequency, any seasonal considerations, and a monitoring implementation schedule for each pollutant of concern. Where appropriate, the permittee may reduce the monitoring burden by proposing to monitor outfalls that the Division would consider substantially similar to other outfalls. The permittee may also propose in-stream monitoring where it would complement the overall monitoring plan. The monitoring plan shall be adjusted as additional outfalls are identified in accordance with the schedule required above and as accumulating data may suggest. Documentation Documentation of progress toward fulfilling the source reduction targets and the resulting water quality improvements is extremely important at several levels including: The public/local citizens interested in water quality improvement. Local agencies responsible for components of the implementation State agencies responsible for assessing water quality and adjusting programs to address concerns. Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 52 Federal agencies, primarily the USEPA, responsible for oversight of State programs and ultimately responsible for TMDL implementation. To ensure effective documentation and communication of results at all levels, data will be collected and summarized and made available to the general public via the website and to NCDENR and the S.C. Department of Health and Environmental Control 9SCDHEC) via written reports. This reporting regimen will ensure adequate assessment of the TMDL WQRP and the timely implementation of TMDL modifications for maximum effectiveness. The following documentation methods and reporting will be used to measure TMDL effectiveness and report results: “TMDL Monitoring Reports” including data collected from source and in-stream compliance monitoring activities posted monthly on website. “Source Reduction Reports” for each of the major pollutant(s) of concern sources included in the TMDLs. This information will be posted annually on the website and a written copy will be made available to NCDENR and SCDHEC. “Water Quality Reports” that use the annual Source Reduction Reports to summarize water quality information regarding compliance with the TMDLs for pollutant(s) of concern. This information will be posted on the website and a written copy will be made available to NCDENR and SCDENR. Public Participation and Outreach Activities Workshops for the general public, publicized through media releases, will be held for the purpose of explaining efforts that are being undertaken to reduce pollutant(s) of concern. Staff Development Phase Staff will need to be adequately informed of the specific requirements of the WQRP. Staff will also need to be informed of their specific duties and responsibilities toward fulfilling the WQRP. Cost-Benefit Analysis Using the data collected through stream monitoring and assessments, a cost-benefit analysis of the elimination of the various sources for each pollutant of concern should be conducted. The purpose of this analysis will be to determine the most cost effective method of eliminating sources of the pollutant(s) of concern detected through direct stream evaluation. Established loading rates for each pollutant of concern will be compared to the costs to eliminate sources, which might include illicit discharges, septic system failures, sanitary sewer overflows, illicit connections, domestic animals, and leaking sanitary sewer lines. The results of the analysis will be used to prioritize limited funds for elimination of the greatest load for the least expenditure for each pollutant(s) of concern. Assessing the Need for Change Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 53 Incorporate the TMDL WQRP into the Storm Water Management Plan Implement appropriate monitoring and BMPs Implement public participation and outreach Implement staff development Assess the effectiveness of the program at meeting TMDL targets Assess program activities and data Completeacost-benefit analysis Current and potential outfalls with the potential of discharging the pollutant(s) of concern Monitoring Data Data on structural and non-structural BMPs Data on public participation and outreach activities Data on staff development Data on implementation and administration cost Adapt the program as necessary or appropriate Establish a TMDL WQRP, identify outfalls, develop a schedule for identifying outfalls and develop a monitoring plan. Program Evaluation Data Collection and Documentation Program Development Implementation Improvements A TMDL work group will be developed for the purpose of reviewing program activities and data and assessing the need for change and to assess the effectiveness of the program at meeting TMDL targets and changing the strategy as necessary to ensure the fulfillment of all TMDL objectives. The TMDL work group will adapt the TMDL WQRP as necessary to ensure that source reduction targets are effectively and efficiently fulfilled and that progress is being made toward achieving the ultimate goal of compliance with the N.C. water quality standard for each pollutant(s) of concern. All changes will be communicated to the agencies responsible for the implementation of the TMDL in the form of an annual report. This report will be posted on the web and made available to both NCDENR and SCDHEC for comment and input. Water Quality Recovery Program Life Cycle Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 54 Appendix 3: Septic System Inspection Form Used in the Goose Creek Watershed Groundwater & Wastewater Services 700 N. Tryon St., Suite 211 Charlotte, NC 28202 Ph: 704-336-5103 Septic System Inspection Form Inspection Date: _______________Inspection Completed By: ________________________________ Site Parcel Id #: _______________Site Address: __________________________________________ GWS File #: ____________Watershed: __________________ Catchment Id: ________ Septic System Information: System Classification: II III IV V VI a b c d e f g System Description: ____________________________________ (Ex: pump to 25% reduction) Year Operation Permit Issued: _______________ (If no permit record is available use built date year from POLARIS.) System Age: Years _______ Actual Estimated Inspection Information: Comments Site accessible for inspection: Yes No Owner present: Yes No Drain field probed: Yes No System malfunction observed: Yes No Notice of Violation required: Yes No System located <200 ft. from Yes No surface water body: System located <50 ft. from Yes No stormwater BMP or diversion: Trees/vegetation in drain field: Yes No Irrigation on drain field: Yes No Well(s) located on property: Yes No Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 55 General comments/observations: # photos taken: _____ Dye Pack Left: Yes No Signature: Checklist: 1. Perform file review for inspection site in the office (system type, age, location, etc.) 2. Conduct field inspection & complete inspection form before leaving the site 3. Take photos (2 minimum) of the drain field/tank(s) area from multiple locations 4. Leave project brochure & literature on door 5. Create a work order in Cityworks for each inspection completed 6. Attach each work order to a septic GIS feature (permitted or pre-existing layers). If a GIS feature does not exist the system should be registered in WASPS as a pre-existing, active system and then attached to the work order. 7. Complete all work order sections, including the required CUSTOM fields (remember to upload the pictures taken as attachments!) 8. When finished submit the work order to Trevor Thomason for review & place the completed inspection form in his mailbox. *All scanned files and related photos should be saved to the following location on the network share drive: \\Hmcfs01\attachments\GWS\WorkOrders\SepticSystemInspections\ Make sure to save the files in the appropriate watershed folder (Ex: Goose Creek) All wells identified during the inspection should be checked in GIS. If the wells are not visible in GIS they must be registered in WASPS. Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 56 Appendix 4: Septic System Educational Material Distributed During Goose Creek Inspections Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 57 Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL 58 Appendix 5: Prioritization Scheme for Septic System Inspections March 16, 2009 Factors used to determine the order (priority) that septic systems will be inspected: 1. Catchment basin (14 total) 2. Proximity to stream (200 ft. buffer) 3. Age of septic system (estimated from CAMA development data) Catchments will be prioritized from 1 to 14 by the Water Quality (WQ) program and provided to Groundwater & Wastewater Services (GWS). GWS will then develop an inspection schedule for each catchment based on the following matrix: Tier Proximity to stream Septic System Age (yrs.) 1 <= 200 ft. 29+ (Pre-1980) 2 <= 200 ft. 0-28 (1981-2009) 3 > 200 ft. 29+ (Pre-1980) 4 > 200 ft. 14-28 (1980-1995) 5 > 200 ft. 0-13 (1996-2009) Time estimation per inspection: Task Estimated Time (hrs.) Comments: Inspection 0.50 Complete inspection form Documentation 0.50 File review & CW data entry *Travel Time 0.25 Inspections will be assigned in clusters. Total Time 1.25 Estimate of 1.25 hours for each inspection performed. Travel time is estimated based on the following: 1. Inspections will be assigned in grouped clusters 2. Inspections will be completed in batches (5 or more inspections) Example: Travel time to site from Hal Marshall = 30 minutes Travel time from site to Hal Marshall = 30 minutes Travel time between inspection sites = 5 minutes 10 inspections conducted during one trip = 50 minutes 110 minutes/10 inspections = 11 minutes/inspection Total time analysis for 10 inspections: 1. 0.5 hrs. x 10 inspections = 5 hours for inspection 2. 0.5 hrs. x 10 inspections = 5 hours for file review & work order completion 3. 0.25 hrs. x 10 inspections = 2.5 hours of travel time Field/travel = 7.5 hours Office/documentation = 5 hours Me c k l e n b u r g C o . P a r k s & Re c r e a t i o n G r e e n w a y P l a n Mecklenburg County Parks and Recreation Greenway Plan So u t h P a r k Re g i o n M a p South Park Region Map Ma t t h e w s Mi n t H i l l Pi n e v i l l e So u t h 48 5 85 77 48 5 48 5 48 5 PIN E V I L L E C O M M U N I T Y P A R K RE D D M A N C O M M U N I T Y P A R K CO P P E R H E A D IS L A N D EV E R G R E E N NA T U R E PR E S E R V E FL A T B R A N C H NA T U R E PR E S E R V E MC D O W E L L N A T U R E P R E S E R V E BE R R Y H I L L NA T U R E PR E S E R V E BIG R O C K N A T U R E P R E S E R V E GA T E W A Y N A T U R E P R E S E R V E ST E V E N S CR E E K N A T U R E PR E S E R V E KIL B O R N E C O M M U N I T Y P A R K EL O N H O M E S R E G I O N A L P A R K HA R R I S B U R G R O A D RE G I O N A L P A R K ID L E W I L D R O A D RE G I O N A L P A R K ME C K L E N B U R G C O . RE G I O N A L S P O R T S C O M P L E X MC A L P I N E C R E E K RE G I O N A L P A R K RE N A I S S A N C E RE G I O N A L PA R K T. M . W I N G E T RE G I O N A L PA R K BE R E W I C K R E G I O N A L P A R K WIL L I A M R. D A V I E RE G I O N A L P A R K BA L L A N T Y N E CO M M U N I T Y PA R K CA M P B E L L C R E E K CO M M U N I T Y P A R K HU N T I N G T O W N E FA R M S CO M M U N I T Y P A R K JA M E S B O Y C E CO M M U N I T Y PA R K MC K E E C O M M U N I T Y P A R K MA R I O N D I E H L CO M M U N I T Y P A R K MA S O N W A L L A C E CO M M U N I T Y P A R K CO L O N E L F R A N C I S J. B E A T T Y RE G I O N A L P A R K OL D E P R O V I D E N C E CO M M U N I T Y P A R K PA R K R O A D C O M M U N I T Y P A R K RA M B L E W O O D CO M M U N I T Y PA R K CA P P S C O M M U N I T Y P A R K EZ E L L F A R M CO M M U N I T Y PA R K GA T E W A Y C O M M U N I T Y P A R K Providence Rd M atth e ws-Mint Hill R d S Tr yon St E W T H arris B v Pin eville-Matth e w s R d Wilkinson Bv E In de p e n de n ce Bv E W T Harris Bv Albemarle Rd Providence Rd Pineville-Matthews Rd Matthews-Mint Hill Rd Billy Graham Py Billy Graham Py S Tryon St E Independence Bv South Park RegionMECKLENBURG COUNTY PARK AND RECREATION Me c k l e n b u r g C o u n t y G I S Ju l y 2 3 , 2 0 1 0 Le g e n d : In t e r s t a t e Ma j o r R o a d s Gr e e n w a y ( D e v e l o p e d ) Pa r k P r o p e r t y Ma p N o t t o S c a l e Pa r c e l s M a p s f o r P a r k P r p t y . in G o o s e C r e e k W a t e r s h e d in Goose Creek Watershed Parcels Maps for Park Property Go o s e C r e e k R e c o v e r y P r o g r a m Fi n a l R e p o r t 2 0 0 9 - 2 0 1 0 2009 - 2010 Final Report for Fiscal Year Goose Creek Recovery Program IB T A n n u a l R e p o r t s 20 0 8 - 2 0 1 1 IBT Annual Reports 2008 - 2011 Page 2 of 6 Charlotte-Mecklenburg Utilities Annual Report on Interbasin Transfer Calendar Year 2008 The North Carolina Environmental Management Commission (EMC) approved Charlotte Mecklenburg Utilities’ (Utilities’) petition to increase the amount of water transferred from the Catawba basin to the Rocky River basin and an interbasin transfer (IBT) Certificate was issued on March 14, 2002. The Certificate authorizes Utilities to transfer up to 33 million gallons per day (mgd) from the Catawba River basin to the Rocky River basin. The IBT Certificate requires Utilities to report maximum daily IBT amounts annually to the North Carolina Division of Water Resources (NC DWR) until such time as the transfer amount exceeds 80% of the authorized amount. Once that amount is exceeded, Utilities is required to report monthly. To date, Charlotte-Mecklenburg Utilities has not exceeded 80% of the authorized IBT amount. System Overview The Utilities operates the water and wastewater systems that serve Charlotte, Cornelius, Davidson, Huntersville, Mint Hill, Matthews, Pineville, and much of the unincorporated areas of Mecklenburg County. This system is divided between two river basins designated by NC General Statutes for regulation of IBT water. The western portion of the system is within the Catawba River basin and the eastern portion is within the Rocky River basin. Water transferred from the Catawba River basin to the Rocky River basin that is not returned to the Catawba is regulated IBT. Water for distribution to Utilities’ customers is withdrawn from the Catawba River basin at two locations. An intake at Lake Norman sends water to the Lee S. Dukes Water Treatment Plant. A second intake at Mountain Island Lake sends water to the Walter M. Franklin Water Treatment Plant and to the Vest Water Treatment Plant. Potable water from these three plants is delivered through an interconnected distribution system to retail customers throughout Utilities’ service area in Mecklenburg County and in small areas of Iredell, Cabarrus, and Union Counties. The Utilities also provides wholesale water to municipal systems for Resale including: City of Concord (NC), Town of Harrisburg (NC), Union County (NC), York County Water & Sewer Authority (SC), and Lancaster County Water and Sewer District (SC). Utilities treats wastewater at five advanced wastewater treatment plants (WWTP’s) which discharge into small streams in Mecklenburg County. Four of the streams are tributary to the Catawba River basin and one (Mallard Creek) is tributary to the Rocky River basin. Utilities also conveys wastewater generated in portions of Mecklenburg to the Rocky River Regional Wastewater Treatment Plant (RRRWWTP) operated by the Water and Sewer Authority of Cabarrus County (WSACC). The RRRWWTP discharges treated effluent to the Rocky River. Page 3 of 6 IBT Monitoring Water supplied to Utilities’ retail customers in the Rocky River Basin, that is not returned to the Catawba basin is included in the reported IBT amounts. Water provided to municipalities with service areas in the Rocky River basin include the City of Concord and the Town of Harrisburg. Utilities can transfer treated potable water to the City of Concord through three metered connections to their water system. All of Concord’s service area is within the Rocky River basin, so any water purchased by them becomes an IBT. Water service is only provided as an emergency back-up to Concord’s routine supply which is Lake Howell and several smaller reservoirs. All of these reservoirs are within the Rocky River basin. Wastewater from Concord is treated at the RRRWWTP. Utilities’ agreement with Concord is that water will be supplied to them subject to availability and subject to regulatory constraints including IBT and Federal Energy Regulatory Commission (FERC) limitations. Concord received an IBT Certificate in January 2007, for the transfer of up to 10 mgd from the Catawba River basin to the Rocky River basin. NC DWR advised Utilities that water sold to Concord should not be applied to Utilities’ IBT amount. Concord did not purchase any potable water from Utilities in calendar year 2008, so the IBT amounts reported do not include sales to Concord. Utilities can transfer treated potable water to the Town of Harrisburg through two metered connections to their water system. All of Harrisburg’s service area is within the Rocky River basin and is included in the Utilities’ IBT amounts. Table 1 below summarizes actual IBT amounts for calendar years 2002 through 2008 (all calculated using the methodology approved by NC DWR in June of 2006). The table considers the daily amounts of water transferred from the Catawba basin to customers within the Rocky River basin that is not returned to the Catawba basin. The data indicates that the maximum amount of IBT for year 2008 occurred in July, and was 17.42 mgd, less than 53% of the authorized maximum day value of 33 mgd. The average IBT for 2008 was 11.39 mgd, which is approximately 35% of the authorized maximum day value. In addition to the amount of actual IBT reported in Table 1, Utilities has committed to provide additional IBT to development that has been proposed but not yet activated in the Rocky River basin. As of December 31, 2008, 1.42 mgd was committed to permitted donated projects (subdivisions) that had not been activated and 0.81 mgd was committed to master meter connections (generally commercial or multi-family developments) that had not been activated, both based on maximum day estimates. This brings the total of the actual and outstanding IBT in 2008 to 19.66 mgd, or less than 60% of the authorized maximum day value. Page 4 of 6 Table 1. Actual IBT Summary Calendar Year Avg. Annual IBT (mgd) Max. Day IBT (mgd) 2002 6.74 11.97 2003 6.91 9.82 2004 7.79 12.56 2005 8.66 13.79 2006 9.56 14.35 2007 9.96 17.22 2008 11.39 17.42 Compliance with Certificate Conditions Condition 1 of Utilities’ IBT certificate requires Mecklenburg County to summarize progress in implementation of watershed management approaches of the Surface Water Improvement and Management Program (S.W.I.M. program). This summary follows: The watershed management approaches of the Surface Water Improvement and Management (SWIM) Program continued to be implemented in the McDowell and Goose Creek Watersheds during calendar year 2008 resulting in the completion of the following activities: a. Construction was completed on a BMP retrofit project at the following locations in the McDowell Creek Watershed near Interstate 77, Highway 73 (Sam Furr Road) and US 21 (Statesville Road): Northcross Shopping Center Carolinas Medical Center- Northcross Northcross Commons Monteith Park subdivision Rain Garden at Northcross Shopping Center These projects included retrofitting rain gardens and wetlands into existing developments to collect and treat storm water runoff for pollutant removal as part of efforts to restore water quality conditions in McDowell Creek. The total cost for the projects was $1,900,000. b. Planning and design was completed for a stream restoration project including over 7,500 feet in the McDowell Creek Watershed from Westmoreland Road in Cornelius to Sam Page 5 of 6 Furr Road in Huntersville. The objectives of this project are to return the stream channel to a more natural pattern, stabilize eroding stream banks, revitalize surrounding floodplains, improve overall water quality, and restore aquatic and terrestrial habitat along the project corridor. The total cost for the project is estimated at $1,250,000. c. Planning and design was completed for a stream restoration project including 1,700 feet in the upper portion of the McDowell Creek Watershed near Danesway Lane in Huntersville. The badly-eroded stream bed will be relocated. Wetlands and a rain garden will also be added along the restored stream to filter out pollutants. The total cost for the project is estimated at $742,000. d. Planning and design was completed for a stream restoration and BMP retrofit project on Caldwell Station Creek in the upper portion of the McDowell Creek Watershed in Cornelius. No cost estimate is available. e. The Goose Creek Watershed Management Plan was completed, including specific actions aimed at reducing fecal coliform bacteria levels in the stream. Efforts were initiated for the identification of specific projects for restoring overall water quality conditions. f. Mecklenburg County continues to partner with the Sierra Club and local schools to plant trees along the banks of McDowell Creek to restore the water quality buffer. During 2008, over 2,500 trees were planted in the McDowell Creek buffer including participation by 350 volunteers. Condition 2 of Utilities’ IBT certificate required a stakeholder process to investigate, develop, adopt, and implement storm water ordinances that control water quantity from single-family development and water quality for all development until completed. The requirements of Condition 2 were completed in 2007. Condition 3 of the IBT Certificate removes the Goose Creek subbasin from the area to be served by the IBT, and imposes a moratorium on the installation of new IBT water lines (water lines crossing the ridgeline) into Goose Creek subbasin until the impacts of additional growth on the endangered species are fully evaluated. The Utilities received proposals for performing an Environmental Assessment (EA) of new development in the Goose Creek basin (Mint Hill area), impacts to water quality, and measures required to protect the Carolina Heelsplitter. Due to budget and cost considerations the Utilities has postponed plans for undertaking the study and has requested the NC Division of Water Resources (DWR) to prepare the EA. Page 6 of 6 Condition 4 of the IBT Certificate provides that the Environmental Management Commission may reopen the Certificate under certain circumstances. This did not occur in 2008. Condition 5 of the IBT Certificate requires Utilities to develop a compliance and monitoring plan for reporting maximum daily transfer amounts, compliance with certificate conditions, and progress on mitigation measures, and drought management activities. Utilities’ monitoring plan and reporting format were approved in June of 2006 by NCDWR and continued to be used for 2008. The drought that gripped the Catawba River Basin in 2007 persisted throughout 2008, requiring the continued implementation of drought management activities. The drought response plan adopted by the utility members of the Catawba- Wateree Drought Management Group contained specific triggers or measurements intended to guide the activities to reduce overall consumption. Restrictions prohibiting outdoor water use carried over into 2008, resulting in significant reductions in withdrawals from the Catawba – Wateree basin. These measures helped the basin realize savings of 20 – 30 % as compared to unrestricted use. Outdoor water use restrictions were eased to allow outdoor watering two times a week starting in September 2008. The result was a continued decline in consumption. The improvements in water supply in the basin were slow and caused Charlotte Mecklenburg Utilities to maintain water restrictions throughout all of 2008. Customer behaviors remained conservative resulting in an overall reduction of 22% for the year. Summary The actual maximum day amount of water transferred from the Catawba River basin to the Rocky River basin was 17.42 mgd, less than 53% of the authorized maximum day value of 33 mgd. The total of actual and outstanding IBT was 19.66 mgd, less than 60% of the authorized maximum day value. Utilities is in full compliance with IBT authorizations and compliance conditions for calendar year 2008. Page 2 of 6 Charlotte-Mecklenburg Utilities Annual Report on Interbasin Transfer Calendar Year 2009 The North Carolina Environmental Management Commission (EMC) approved Charlotte Mecklenburg Utilities’ (Utilities’) petition to increase the amount of water transferred from the Catawba basin to the Rocky River basin and an interbasin transfer (IBT) Certificate was issued on March 14, 2002. The Certificate authorizes Utilities to transfer up to 33 million gallons per day (mgd) from the Catawba River basin to the Rocky River basin. The IBT Certificate requires Utilities to report maximum daily IBT amounts annually to the North Carolina Division of Water Resources (NC DWR) until such time as the transfer amount exceeds 80% of the authorized amount. Once that amount is exceeded, Utilities is required to report monthly. To date, Charlotte-Mecklenburg Utilities has not exceeded 80% of the authorized IBT amount. System Overview The Utilities operates the water and wastewater systems that serve Charlotte, Cornelius, Davidson, Huntersville, Mint Hill, Matthews, Pineville, and much of the unincorporated areas of Mecklenburg County. This system is divided between two river basins designated by NC General Statutes for regulation of IBT water. The western portion of the system is within the Catawba River basin and the eastern portion is within the Rocky River basin. Water transferred from the Catawba River basin to the Rocky River basin that is not returned to the Catawba is regulated IBT. Water for distribution to Utilities’ customers is withdrawn from the Catawba River basin at two locations. An intake at Lake Norman sends water to the Lee S. Dukes Water Treatment Plant. A second intake at Mountain Island Lake sends water to the Walter M. Franklin Water Treatment Plant and to the Vest Water Treatment Plant. Potable water from these three plants is delivered through an interconnected distribution system to retail customers throughout Utilities’ service area in Mecklenburg County and in small areas of Iredell, Cabarrus, and Union Counties. The Utilities also provides wholesale water to municipal systems for Resale including: City of Concord (NC), Town of Harrisburg (NC), Union County (NC), York County Water & Sewer Authority (SC), and Lancaster County Water and Sewer District (SC). Utilities treats wastewater at five advanced wastewater treatment plants (WWTP’s) which discharge into small streams in Mecklenburg County. Four of the streams are tributary to the Catawba River basin and one (Mallard Creek) is tributary to the Rocky River basin. Utilities also conveys wastewater generated in portions of Mecklenburg County to the Rocky River Regional Wastewater Treatment Plant (RRRWWTP) operated by the Water and Sewer Authority of Cabarrus County (WSACC). The RRRWWTP discharges treated effluent to the Rocky River. Page 3 of 6 IBT Monitoring Water supplied to Utilities’ retail customers in the Rocky River Basin, that is not returned to the Catawba basin, is included in the reported IBT amounts. Water provided to municipalities with service areas in the Rocky River basin include the City of Concord and the Town of Harrisburg. Utilities can transfer treated potable water to the City of Concord through three metered connections to their water system. All of Concord’s service area is within the Rocky River basin, so any water purchased by them becomes an IBT. Water service is only provided as an emergency back-up to Concord’s routine supply which is Lake Howell and several smaller reservoirs. All of these reservoirs are within the Rocky River basin. Wastewater from Concord is treated at the RRRWWTP. Utilities’ agreement with Concord is that water will be supplied to them subject to availability and subject to regulatory constraints including IBT and Federal Energy Regulatory Commission (FERC) limitations. Concord received an IBT Certificate in January 2007, for the transfer of up to 10 mgd from the Catawba River basin to the Rocky River basin. NC DWR advised Utilities that water sold to Concord should not be applied to Utilities’ IBT amount. Concord did not purchase any potable water from Utilities in calendar year 2009, so the IBT amounts reported do not include sales to Concord. Utilities can transfer treated potable water to the Town of Harrisburg through two metered connections to their water system. All of Harrisburg’s service area is within the Rocky River basin and is included in the Utilities’ IBT amounts. Table 1 below summarizes actual IBT amounts for calendar years 2002 through 2009 (all calculated using the methodology approved by NC DWR in June of 2006). The table considers the daily amounts of water transferred from the Catawba basin to customers within the Rocky River basin that is not returned to the Catawba basin. The data indicates that the maximum amount of IBT for year 2009 occurred in August, and was 16.00 mgd, less than 49% of the authorized maximum day value of 33 mgd. The average IBT for 2009 was 12.04 mgd, which is approximately 36% of the authorized maximum day value. In addition to the amount of actual IBT reported in Table 1, Utilities has committed to provide additional IBT to development that has been proposed but not yet activated in the Rocky River basin. As of December 31, 2009, 1.41 mgd was committed to permitted donated projects (subdivisions) that had not been activated and 0.22 mgd was committed to master meter connections (generally commercial or multi-family developments) that had not been activated, both based on maximum day estimates. This brings the total of the actual and outstanding IBT in 2009 to 17.63 mgd, or less than 54% of the authorized maximum day value. Page 4 of 6 Table 1. Actual IBT Summary Calendar Year Avg. Annual IBT (mgd) Max. Day IBT (mgd) 2002 6.74 11.97 2003 6.91 9.82 2004 7.79 12.56 2005 8.66 13.79 2006 9.56 14.35 2007 9.96 17.22 2008 11.39 17.42 2009 12.04 16.00 Compliance with Certificate Conditions Condition 1 of Utilities’ IBT certificate requires Mecklenburg County to summarize progress in implementation of watershed management approaches of the Surface Water Improvement and Management Program (S.W.I.M. program). This summary follows: The watershed management approaches of the Surface Water Improvement and Management (SWIM) Program continued to be implemented during calendar year 2009. Efforts continued to focus on McDowell and Goose Creeks as in 2007 and 2008 but were expanded to include the South Prong and West Branch of the Rocky River in Davidson during 2009. During calendar year 2009, the following work was completed in the three (3) watersheds: a) Construction was completed for the installation of three (3) large rain gardens at the North Mecklenburg Recycling Center located in the Torrence Creek Watershed, which is a tributary of McDowell Creek in Huntersville. These rain gardens collect and treat 100% of the storm water runoff from the facility resulting in a reduction in the pollutant load entering Torrence Creek. The total cost for the project was $307,000.Forebay and Rain Garden (grassed) at Recycling Center b) Planning and design was completed for a stream restoration project including 7,700 feet in the main stem of Torrence Creek starting at McCoy Road and 9,000 linear feet Page 5 of 6 of Torrence Creek Tributary #2 from I-77 to Bradford Hill Lane. Construction is to be completed by December 2010. The total cost for the project is estimated at $2,000,000. c) Planning and design is underway for the restoration of Upper McDowell Creek in Cornellius, NC. The project will restore some of the most severely damaged sections of McDowell Creek and install BMPs to treat urban runoff before it enters the creek. The project is being funded by Cornelius, Mecklenburg County and the North Carolina 319 Grant Program. The total cost for the project is not available. d) Mecklenburg County continues to partner with Creek ReLeaf, the Sierra Club and local schools to plant trees along the banks of McDowell Creek to restore the water quality buffer and floodplain. During 2009, over 2,500 trees were planted by approximately 400 volunteers along the floodplain in McDowell Creek. e) The Goose Creek Watershed Management Plan was finalized and implementation initiated. One of the primary implementation measures was the inspection of all of the septic systems in the watershed to ensure that they are functioning properly and that all problems are corrected to prevent the discharge of sewage. Plans are to inspect all the septic systems in the watershed by June, 2011. f)Efforts began toward the drafting of the Rocky River Watershed Management Plan. Field work commenced during the second half of 2009. Condition 2 of Utilities’ IBT certificate required a stakeholder process to investigate, develop, adopt, and implement storm water ordinances that control water quantity from single-family development and water quality for all development until completed. The requirements of Condition 2 were completed in 2007. Condition 3 of the IBT Certificate removes the Goose Creek subbasin from the area to be served by the IBT, and imposes a moratorium on the installation of new IBT water lines (water lines crossing the ridgeline) into Goose Creek subbasin until the impacts of additional growth on the endangered species are fully evaluated. The Utilities has requested the NC Division of Water Resources (DWR) to prepare an Environmental Assessment (EA) of new development in the Goose Creek basin (Mint Hill area), impacts to water quality, and measures required to protect the Carolina Heelsplitter. Page 6 of 6 Condition 4 of the IBT Certificate provides that the Environmental Management Commission may reopen the Certificate under certain circumstances. This did not occur in 2009. Condition 5 of the IBT Certificate requires Utilities to develop a compliance and monitoring plan for reporting maximum daily transfer amounts, compliance with certificate conditions, and progress on mitigation measures, and drought management activities. Utilities’ monitoring plan and reporting format were approved in June of 2006 by NC DWR and continue to be used for 2009. 2009 showed slow, but steady improvement from the drought conditions that gripped our state. The Catawba-Wateree Basin was slow to recover normal stream flows and the ground water lagged well behind surface water recharge. Charlotte Mecklenburg Utilities along with the other utilities in the Catawba-Wateree Basin remained in level 2 water restrictions until May 2009, in accordance with the Low Inflow Protocol adopted by the region’s drought management group. Customer consumption did not return to pre drought levels after the easing of restrictions in 2008 and did not rebound upward after the lifting of all restrictions in 2009. In fact, water use continued to decline in the Charlotte region. Even without restrictions, per account usage hit an all time low in 2009 for Charlotte Mecklenburg Utilities customers. Water use in the Catawba – Wateree River Basin continued to track below historic average levels and closed out the year approximately 12 - 15% below normal. Summary The actual maximum day amount of water transferred from the Catawba River basin to the Rocky River basin was 16.00 mgd, less than 49% of the authorized maximum day value of 33 mgd. The total of actual and outstanding IBT was 17.63 mgd, less than 54% of the authorized maximum day value. Utilities is in full compliance with IBT authorizations and compliance conditions for calendar year 2009. Page 2 of 6 Charlotte-Mecklenburg Utilities Annual Report on Interbasin Transfer Calendar Year 2010 The North Carolina Environmental Management Commission (EMC) approved Charlotte Mecklenburg Utilities’ (Utilities’) petition to increase the amount of water transferred from the Catawba basin to the Rocky River basin and an interbasin transfer (IBT) Certificate was issued on March 14, 2002. The Certificate authorizes Utilities to transfer up to 33 million gallons per day (mgd) from the Catawba River basin to the Rocky River basin. The IBT Certificate requires Utilities to report maximum daily IBT amounts annually to the North Carolina Division of Water Resources (NC DWR) until such time as the transfer amount exceeds 80% of the authorized amount. Once that amount is exceeded, Utilities is required to report monthly. To date, Charlotte-Mecklenburg Utilities has not exceeded 80% of the authorized IBT amount. System Overview The Utilities operates the water and wastewater systems that serve Charlotte, Cornelius, Davidson, Huntersville, Mint Hill, Matthews, Pineville, and much of the unincorporated areas of Mecklenburg County. This system is divided between two river basins designated by NC General Statutes for regulation of IBT water. The western portion of the system is within the Catawba River basin and the eastern portion is within the Rocky River basin. Water transferred from the Catawba River basin to the Rocky River basin that is not returned to the Catawba is regulated IBT. Water for distribution to Utilities’ customers is withdrawn from the Catawba River basin at two locations. An intake at Lake Norman sends water to the Lee S. Dukes Water Treatment Plant. A second intake at Mountain Island Lake sends water to the Walter M. Franklin Water Treatment Plant and to the Vest Water Treatment Plant. Potable water from these three plants is delivered through an interconnected distribution system to retail customers throughout Utilities’ service area in Mecklenburg County and in small areas of Iredell, Cabarrus, and Union Counties. The Utilities also provides wholesale water to municipal systems for Resale including: City of Concord (NC), Town of Harrisburg (NC), Union County (NC), York County Water & Sewer Authority (SC), and Lancaster County Water and Sewer District (SC). Utilities treats wastewater at five advanced wastewater treatment plants (WWTP’s) which discharge into small streams in Mecklenburg County. Four of the streams are tributary to the Catawba River basin and one (Mallard Creek) is tributary to the Rocky River basin. Utilities also conveys wastewater generated in portions of Mecklenburg County to the Rocky River Regional Wastewater Treatment Plant (RRRWWTP) operated by the Water and Sewer Authority of Cabarrus County (WSACC). The RRRWWTP discharges treated effluent to the Rocky River. Page 3 of 6 IBT Monitoring Water supplied to Utilities’ retail customers in the Rocky River Basin, that is not returned to the Catawba basin, is included in the reported IBT amounts. Water provided to municipalities with service areas in the Rocky River basin include the City of Concord and the Town of Harrisburg. Utilities can transfer treated potable water to the City of Concord through three metered connections to their water system. All of Concord’s service area is within the Rocky River basin, so any water purchased by them becomes an IBT. Water service is only provided as an emergency back-up to Concord’s routine supply which is Lake Howell and several smaller reservoirs. All of these reservoirs are within the Rocky River basin. Wastewater from Concord is treated at the RRRWWTP. Utilities’ agreement with Concord is that water will be supplied to them subject to availability and subject to regulatory constraints including IBT and Federal Energy Regulatory Commission (FERC) limitations. Concord received an IBT Certificate in January 2007, for the transfer of up to 10 mgd from the Catawba River basin to the Rocky River basin. NC DWR advised Utilities that water sold to Concord should not be applied to Utilities’ IBT amount. Concord did not purchase any potable water from Utilities in calendar year 2010, so the IBT amounts reported do not include sales to Concord. Utilities can transfer treated potable water to the Town of Harrisburg through two metered connections to their water system. All of Harrisburg’s service area is within the Rocky River basin and is included in the Utilities’ IBT amounts. Table 1 below summarizes actual IBT amounts for calendar years 2002 through 2010 (all calculated using the methodology approved by NC DWR in June of 2006). The table considers the daily amounts of water transferred from the Catawba basin to customers within the Rocky River basin that is not returned to the Catawba basin. The data indicates that the maximum amount of IBT for year 2010 occurred in August, and was 18.22 mgd, less than 56% of the authorized maximum day value of 33 mgd. The average IBT for 2010 was 13.45 mgd, which is approximately 41% of the authorized maximum day value. In addition to the amount of actual IBT reported in Table 1, Utilities has committed to provide additional IBT to development that has been proposed but not yet activated in the Rocky River basin. As of December 31, 2010, 1.16 mgd was committed to permitted donated projects (subdivisions) that had not been activated and 0.50 mgd was committed to master meter connections (generally commercial or multi-family developments) that had not been activated, both based on maximum day estimates. This brings the total of the actual and outstanding IBT in 2010 to 19.88 mgd, or less than 61% of the authorized maximum day value. Page 4 of 6 Table 1. Actual IBT Summary Calendar Year Avg. Annual IBT (mgd) Max. Day IBT (mgd) 2002 6.74 11.97 2003 6.91 9.82 2004 7.79 12.56 2005 8.66 13.79 2006 9.56 14.35 2007 9.96 17.22 2008 11.39 17.42 2009 12.04 16.00 2010 13.45 18.22 Compliance with Certificate Conditions Condition 1 of Utilities’ IBT certificate requires Mecklenburg County to summarize progress in implementation of watershed management approaches of the Surface Water Improvement and Management Program (S.W.I.M. program). This summary follows: The watershed management approaches of the Surface Water Improvement and Management (SWIM) Program continued to be implemented during calendar year 2010. Efforts continued to focus on McDowell and Goose Creeks as in 2007, 2008 and 2009 as well as the South Prong and West Branch of the Rocky River in Davidson as initiated in 2009. During calendar year 2010, the following work was completed in the three (3) watersheds: a) Survey and design were initiated on the restoration of 1,000 feet of stream and the retrofit of 5 rain gardens within the North Mecklenburg Park Property in the McDowell Creek watershed. In addition to the water quality benefits of the project, it will act as an educational destination for property owners potentially affected by future stream restoration and BMP retrofit projects. b) Since 2002 Goose Creek has been listed by the N.C. Department of Environment and Natural Resources (NCDENR) as impaired due to elevated levels of fecal coliform bacteria. The predominant sewer treatment system in the watershed is private septic systems; therefore, it was assumed that malfunctioning septic systems were a primary source of the elevated bacteria levels. In 2008, Mecklenburg County initiated a program to complete an inspection of all the septic systems in the watershed in order to identify deficiencies and take the necessary actions to ensure correction. This effort was completed in 2010 with the inspection of 1,422 septic systems resulting in the correction of 13 deficiencies that could contribute to elevated bacteria levels in Goose Creek. Following the completion of this project, NCDENR data documented a reduction in fecal coliform bacteria levels and Goose Creek was removed from the list of impaired waters. Page 5 of 6 c) Mecklenburg County continues to partner with Creek ReLeaf, environmental organizations and local schools to plant trees along the banks of streams in Mecklenburg County. The purpose of this effort is to restore the water quality buffer and floodplain. During 2010, over 2,200 trees were planted by more 400 volunteers along the floodplain of Little Sugar Creek. d) Construction of the restoration of 10,000 linear feet of Torrence and Torrence Tributary #2 was nearly completed in 2010. This project is expected to reduce the overall sediment load in the McDowell Creek watershed by as much as 7%. e)In 2010, Mecklenburg County requested that the Army Corps of Engineers include the Rocky River watershed in Mecklenburg County into their 206 Program for restoration. As a result, the Corps selected the watershed for inclusion in Program. f)Mecklenburg County applied for two Clean Water Management Trust Fund Grants for the restoration of an additional 10,000 feet of stream in the McDowell Creek Watershed. Condition 2 of Utilities’ IBT certificate required a stakeholder process to investigate, develop, adopt, and implement storm water ordinances that control water quantity from single-family development and water quality for all development until completed. The requirements of Condition 2 were completed in 2007. Condition 3 of the IBT Certificate removes the Goose Creek subbasin from the area to be served by the IBT, and imposes a moratorium on the installation of new IBT water lines (water lines crossing the ridgeline) into Goose Creek subbasin until the impacts of additional growth on the endangered species are fully evaluated. The Utilities has requested the NC Division of Water Resources (DWR) to prepare an Environmental Assessment (EA) of new development in the Goose Creek basin (Mint Hill area), impacts to water quality, and measures required to protect the Carolina Heelsplitter. Condition 4 of the IBT Certificate provides that the Environmental Management Commission may reopen the Certificate under certain circumstances. This did not occur in 2010. Page 6 of 6 Condition 5 of the IBT Certificate requires Utilities to develop a compliance and monitoring plan for reporting maximum daily transfer amounts, compliance with certificate conditions, and progress on mitigation measures, and drought management activities. Utilities’ monitoring plan and reporting format were approved in June of 2006 by NC DWR and continue to be used for 2010. Charlotte Mecklenburg Utilities monitored water treatment plant pump rates, streamflow and lake storage indicators, the US Drought Monitor, and other factors in accordance with the Utilities Water Shortage Response Plan. Measurements were assessed monthly to identify designated triggers that could indicate developing drought conditions. All appropriate planning, communication and preparation were in place to respond as needed to changing conditions. In coordination with 15 other utilities in the Catawba-Wateree river basin, Charlotte- Mecklenburg participated in regional drought response planning and response activities as directed by the FERC- approved Low Inflow Protocol. Summary The actual maximum day amount of water transferred from the Catawba River basin to the Rocky River basin was 18.22 mgd, less than 56% of the authorized maximum day value of 33 mgd. The total of actual and outstanding IBT was 19.88 mgd, less than 61% of the authorized maximum day value. Utilities is in full compliance with IBT authorizations and compliance conditions for calendar year 2010.