NCS000240_Charlotte PCSO Mod Request_20190220

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CHARLOTTE.„
February 20, 2019
Ms. Jeanette Powell
North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources - Stormwater Program
1612 Mail Service Center
Raleigh, NC 27699-1612
CITY OF CHARLOTTE
ENGINEERING & PROPERTY MANAGEMENT
Re: City of Charlotte, NPDES MS4 Permit NCS000240
Letter of Intent to modify City Post Construction Stormwater Ordinance
Dear Ms. Powell:
This letter is to advise you that the City of Charlotte intends to modify its current Post
Construction Stormwater Ordinance (PCSO) to comply with North Carolina Session Law 2018-
145 (Senate Bill 469) effective 12/27/2018 which revised N.C.G.S. 143-214.7(b3) to apply to all
local governments. SL 2018-145 mandates that the subsection's requirements be included in
local stormwater ordinances.
The City's current PCSO requires redevelopment projects to implement stormwater controls not
only for newly created impervious area, but also for all redeveloped impervious areas of a project
site as well. To comply with the new law, the City will modify the PCSO as soon as
procedurally possible. We anticipate that it may take several months to conduct a legal,
municipal, public review and approval process for the modification. In the interim, effective as
of 12/27/2018, the City will not enforce those particular sections and requirements of the PCSO
that have been rendered unlawful by SL 2018-145.
Currently, the City's NPDES MS4 Stormwater Management Plan (SWMP) contains the City's
permit required PCSO with the above -mentioned redevelopment project requirements in place;
however, Part I.G of our NPDES MS4 permit specifies that we must implement the SWMP to
the extent allowable under State and local law, thus creating a conflict. We, therefore, have
concluded that not enforcing those particular sections and requirements of the PCSO rendered
unlawful by SL 2018-145 will not be considered a permit violation, and the City will remain in
compliance with the law, SWMP, and the permit.
CharlotteNC.gov 1 600 East 4th Street I Charlotte, NC 28202 1 PH: 704-336-2291 1 FAX:
704-336-4554

Ms. Jeanette Powell
North Carolina Department of Environmental Quality — DEMLR
page two
February 20, 2019
We would appreciate a statement from DEMLR for our files that you have reviewed and concur
with our conclusions and path forward. Thank you for your support with this endeavor and
should you have any questions or need additional information, please contact me at 704-336-
3122 or mrecktenwald(a,charlottenc.gov.
Sincerely,
Marc Recktenwald
Surface Water Quality and Environmental Permitting Program Manager
City of Charlotte - Stormwater Services
cc: Annette Lucas - DEMLR
Karen Weatherly
Craig Miller
Jordan Miller
Steve Jadlocki
CharlotteNC.gov 1 600 East 4th Street I Charlotte, NC 28202 1 PH: 704-336-2291 1 FAX:
704-336-4554