NCS000453_APPLICATION_20100809

STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
N L'� b U
DOC TYPE
❑FINAL PERMIT
❑ A UAL REPORT .
APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑
YYYYMMDD

State of North Carolina
Department of Environment & Natural Resources
Division of Water Quality
OFFIC USE ONLY
Date Rec'd
3 - z4 - o
Fee Paid
PermitNumber
NPDES STORMWATER PERMIT APPLICATION FORM
This application form is for use by public bodies seeking NPDES sormwater permit coverage for Regulated Public
Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2N .0126. A complete application
package includes this form and three copies of the narrative documentation required in Section X of this form.
This application form, completed in accordance with Instructions for completing NPDES Small M54 Stormwater
Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with
Instructions for Preparing the Comprehensive Stormwater Management Program Report u-268) are both
required for the application package to be considered a complete application submittal fete application
submittals may be returned to the applicant. � _
I. APPLICANT STATUS INFORMATION
a.
Name of Public Entity
Town of Indian Trail
�8
Seeking Permit Coverage
b.
Ownership Status (federal,
Public
state or local)Jp�9TF�
c.
Type of Public Entity (city,
Town
yeti
town, county, prison, school,
etc.
d.
Federal Standard Industrial
SIC 91 - 97
Classification Code
e.
County(s)
Union
f.
Jurisdictional Area (square
20.31
miles
g.
Population
Permanent
Approx I5,000
Seasonal (if available)
h.
Ten-year Growth Rate
61.3%
L
Located on Indian Lands?
❑ Yes ®No
II. RPE / MS4 SYSTEM INFORMATION
a.
Storm Sewer Service Area
(square miles
20.31
b.
River Basin(s)
Catawba & Yadkin Pee -Dee
c.
Number of Primary Receiving
Streams
8
d.
Estimated percentage of jurisdictional
area containing the following four land use activities:
•
Residential
65%
•
Commercial
20%
•
Industrial
101yo
•
Open Space
5%
Total =
100%
e.
Are there significant water
quality issues listed in the
attached application report?
❑ Yes ® No
v
v
y
I

NPDES RPE Stormwater Permit Application
O
III. EXISTING LOCAL WATER QUALITY PROGRAMS
a. Local Nutrient Sensitive Waters Strategy
❑ Yes ® No
b. Local Water Supply Watershed Program
❑ Yes ® No
c. Delegated Erosion and Sediment Control Program
❑ Yes ® No
d. CAMA Land Use Plan
❑ Yes ® No
IV. CO -PERMIT APPLICATION STATUS INFORMATION
(Complete this section only if co -permitting)
a. Do you intend to co -permit with
El Yes ®No
a permitted Phase I entity?
b. If so, provide the name and permit number of that entity:
• Name of Phase I MS4
• NPDES Permit Number
c. Do you intend to co -permit
❑ Yes ® No
with another Phase II entity?
d. If so, provide the name(s) of
the entity:
e. Have legal agreements been
finalized between the co-
❑ Yes ® No
ermittees?
V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS
(If more than one, attach additional sheets)
a. Do you intend that another
entity perform one or more of
® Yes ❑ No
our permit obligations?
b. If yes, identify each entity and the element they will be implementing
• Name of Entity
NC DENR
• Element they will
Sediment & Erosion Control
implement
• Contact Person
Matt Heller
• Contact Address
919 N. Main St
Mooresville NC 28115
• Contact Telephone Number
704-663-1699
c. Are legal agreements in place
❑Yes ®No
to establish res onsibilities?
VI. DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff member. This
delegation must name a specific person and position and include documentation of the delegation action
through board action.
a. Name of person to which permit authority
N/A
has been delegated
b. Title/position of person above
N/A
c. Documentation of board action delegating permit authority to this person/position must be
provided in the attached application report.
v

NPDES RPE Stormwater Permit Application
VII. SIGNING OFFICIAL'S STATEMENT
Please see the application instructions to determine who has signatory authority for this permit
application. If authority for the NPDES stormwater permit has been appropriately delegated through
board action and documented in this permit application, the person/position listed in Section VI above
may sign the official statement below.
I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. lam aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowin violations
Signature
'
Name
Edward Smith
Title
Mayor
Street Address
PO Box
2430
City
Indian Trail
State
NC
Zip
28079
Telephone
704-821-8114
Fax
704-821-3689
E-Mail
[e-mail]
VIII. MS4 CONTACT INFORMATION
Provide the following information for the person/position that will be responsible for day to day
implementation and oversight of the stormwater program.
a.
Name of Contact
Person
Lee Bailey
b.
Title
Planning Director
c.
Street Address
d.
PO Box
2430
e.
City
Indian Trail
f.
State
NC
g.
Zip
28079
h.
Telephone Number
704-821-8114
i.
Fax Number
704-812-3689
j.
E-Mail Address
[e-mail]

NPDES RPE Stormwater Permit Application
IX. PERMITS AND CONSTRUCTION APPROVALS
® List permits or construction approvals received or applied for under the following programs. Include contact
name if different than the person listed in Item VIII. If further space needed, attach additional sheets.
is
a.
RCRA Hazardous Waste
N/A
Management Program
N/A
b.
UIC program under SDWA
c.
NPDES Wastewater Discharge
N/A
Permit Number
d.
Prevention of Significant
N/A
Deterioration (PSD) Program
N/A
e.
Non Attainment Program
f.
National Emission Standards for
N/A
Hazardous Pollutants (NESHAPS)
reconstruction approval
g.
Ocean dumping permits under the
N/A
Marine Protection Research and
Sanctuaries Act
h.
Dredge or fill permits under
N/A
section 404 of CWA
X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT
Attach three copies of a comprehensive report detailing the proposed stormwater management program for
the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown
below. The required narrative information for each section is provided in the Instructions for Preparing the
Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the
following order, bound with tabs identifying each section by name, and include a Table of Contents with
page numbers for each entry.
V/

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• quick Tables
Baslc Facts
110
DP-1. General Population and Housing Characteristics: 1990
Data Set: 1990 Summary Tape File 1_(5TF 1) 1 00Percent data
Geographic Area: Indian Trail town, North Carolina
NOTE: For information on confidentiality, nonsampling error, and definitions, see
hltpllfactfnder.�en�u�,g.4�Ih�me/enl�ata�teslexpstf190,n.tm.
Subject
Number
Total population
1,94
EX
Male
95
Female
98
GE
Under 5 years
1731
5 to 17 years
37
18 to 20 years
51
21 to 24 years
8
25 to 44 years
74
45 to 54 years
20
55 to 59 years
7
60 to 64 years
6
65 to 74 years
91
75 to 84 years
51
85 years and over
1
Under18 years
55
65 years and over
15
HOUSEHOLDS BY TYPE
Total households
69
households families
5731
—Family
Married -couple families
50
Other family, male householder
famil , female householder
Nonfamil households
121Other
Householder livin alone
Householder 65 ears and over
Persons living in households
1,94
Persons per household
2.7
GROUP QUARTERS
Persons living in group quarters
Institutionalized persons
Other persons ingroup uarters
RACE AND HISPANIC ORIGIN
White
1,86
Black
5
American Indian, Eskimo, or Aleut
1
Asian or Pacific Islander
Other race
origin of any race
1
—Hispanic
Total housing units
71
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•
Subject
Number
OCCUPANCY AND TENURE
Occupied housing units
69
Owner occupied
58
Renter occupied
1131
Vacant housing units
1
For seasonal, recreational, or occasional use
1
Homeowner vacancy rate
1.
Rental vacancy rate
2.
Persons per owner -occupied unit
2.8
Persons eer renter-occu ied unit
2.6
Units with over 1 person per room
UNITS IN STRUCTURE
1-unit detached
65
1-unit attached
61
2 to 4 units
5 to 9 units
10 or more units
Mobile home, trailer, or other
5
VALUE
Specified owner -occupied housing units
62
Less than $50,000
4
$50,000 to $99,999
40
$100,000 to $149,999
51
$150,000 to $199,999
1
$200,000 to $299,999
$300,000 or more
Median dollars
72,60
CONTRACT RENT
Specified renter -occupied housing units Caying cash rent
9
Less than $250
3
$250 to $499
4
$500 to $749
21
$750 to $999
$1,000 or more
Median dollars
32
RACE AND HISPANIC ORIGIN OF HOUSEHOLDER
Occupied housing units
69
White
67
Black
1
American Indian, Eskimo, or Aleut
Asian or Pacific Islander
1
Other race
1
Hispanic origin of any race
(X) Not applicable
Source: U.S. Bureau of the Census, 1990 Census of Population and Housing, Summary Tape File 1 (100% Data)
Matrices P1, P3, P5, P6, P8, P11, P15, P16, P23, H1, H2, H3, H5, H8, H10, H18A, H21, H23, H2313, H32, H328,
H41. .
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41 tg Quick Tables
,.:•.
. :•Basic Facts
DP-1. Profile of General Demographic Characteristics, 2000
Data Set: Census 2000 SummaryFile 1 (SF 1) 100-Percent Data
Geographic Area: Indian Trail town, North Carolina
NOTE: For information on confidentiality protection, nonsampling error, and definitions, see
http:ilfact_finder. c�uogovlhomeienldatanotestexpsf1 u.htm.
Subject
Number
Percent
Total population
11,905
100.
EX AND AGE
Male
5,894
49,61
Female
6,002
50.
UnderS ears
1,12
9.
5 to 9 years
1,054
8.
10 to 14 years
925
7.81
15 to 19 years
672
5.
20 to 24 years
537,
4.
5 to 34 years
2.28
19.
5 to 44 years
2,407
20.2
5 to 54 years
1.396
11.
5 to 59 years
464
3.
0 to 64 years
310
2.
5 to 74 years
472
4.
75 to 84 years
196
1,
85 years and over
54
0.
Median age ears
32.
X
18 years and over
8,3451
70.1
Mate
4,041
34.
Female
4,291
36.1
1 ears and over
8,02
67.
2 years and over
901
7.
5 years and over
722
6.1
Male
300
2.
Female
422
3.
RACE
One race
11,760
98.81
White
10,822
90.
Black or African American
637
5.
American Indian and Alaska Native
61
0.
Asian
1141
1,
Asian Indian
2
0.
Chinese
6
0.1
Fili ino
36
0.
Japanese
8
0.1
Korean
14
0.1
Vietnamese
21
0.
Other Asian '
0.1
Native Hawaiian and Other Pacific Islander
11
0.1
Native Hawaiian
0.
Guamanian or Chamorro
0.1
Samoan
0,
Other Pacific Islander 2
1
0.
Some other race
113
0.
Two or more races
145
1
Race alone or in combination with one or more other races'
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0
Subject
Number
Percent
White
10,962
92.1
Black or African American
678
5.
American Indian and Alaska Native
118
1.
Asian
121
1.1
Native Hawaiian and Other Pacific Islander
12
0.1
Some other race
151
1.
HISPANIC OR LATINO AND RACE
Total population
11,905
100.
His anic or Latino of anX race
295.2.
Mexican
891
0.
Puerto Rican
591
0.
Cuban
81
0.1
Other His anic or Latino
1391
1.2
Not Hispanic or Latino
11.61
97.
White alone
10,6
89.
RELATIONSHIP
Total population
11,90
100.01
In households
11,90
100.
Householder
4,291
36.1
Spouse
2,821
23.
Child
3,97
33.
Own child under 18 years
3,3611
28.2
Other relatives
3981
3.31
Under 18 years
1571
1.
Nonrelatives
4091
3.
Unmarried partner
214
1.
In group quarters
40.
Institutionalized population
C4
0.
Noninstitutionalized population
0
0.
HOUSEHOLDS BY TYPE
Total households
4,299
100.
Family households families
3,40
79.1
With own children under 18 years
1,927
44.
Married -couple family
2.82
65.
With own children under 18 years
1,584
36.81
Female householder, no husband present
412
9,61
With own children under 18 years
2501
5.
Konfamilx households
891
20.
Householder living alone
70
16.
Householder 65 years and over
162
3.
Households with individuals under 18 years
2,040
47.
Households with individuals 65 years and over
544
12.
Average household size
2.77
X
Average family size
3,12
X
HOUSING OCCUPANCY
Total housins units
4,581
100.
Occupied housing units
4.2991
93.
Vacant housing units
284
6.
For seasonal, recreational, or occasional use
0.1
Homeowner vacant rate(percent)
4.
X
Rental vacant rate(percent)
3.2
X
HOUSING TENURE
Occupied housingunits
4,29
100.
Owner -occupied housing units
3,844
89.
Renter -occupied housing units
455
10.
Average household size of owner -occupied unit
2.7
X
[Average household size of renter -occupied unit
2.91
X
http://factfinder.cens.../_tang=en_vt_name=DEC_2000_SF1_U_DPl_gco_id=16000US3733560.htm 3/26/2003

TABLE OF CONTENTS
1. STORM SEWER SYSTEM INFORMATION 1
1.1. Population Served 1
1.2. Growth Rate 1
1.3. Jurisdictional and MS4 Service Areas 1
1.4. MS4 Conveyance System 1
1.5. Land Use Composition Estimates 2
1.6. Estimate Methodology 2
1.7. TMDL Identification 2
2. RECEIVING STREAMS 2-3
3. EXISTING WATER QUALITY PROGRAMS 3
3.1. Local Programs 3
3.2. State programs 3
4. PERMITTING INFORMATION 3
4.1. Responsible Party Contact List 3-4
4.2. Organizational Chart 5
4.3. Signing Official 5
4.4. Duly Authorized Representative 5
is 5. Co -Permitting Information (if applicable) 5
5.1. Co-Permittees 5
5.2. Legal Agreements 5
5.3. Responsible Parties 5
6. Reliance on Other Government Entity 5
6.1. Name of Entity 5
6.2. Measure Implemented 5
6.3. Contact Information 5
6.4. Legal Agreements 5
7, STORM WATER MANAGEMENT PROGRAM 6
7.1. Public Education and Outreach on Storm Water Impacts 6-8
7.2. Public Involvement and Participation 8-9
7.3. Illicit Discharge Detection and Elimination 9-12
7.4. Construction Site Storm water Runoff Control 12-14
7.5. Post -Construction Storm Water Management in 14-17
New Development and Redevelopment
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations 17-18
D]

1. STORM SEWER SYSTEM INFORMATION
1.1 Population Served
The permanent population for the Town of Indian Trail is approximately 15,000
persons. It is the opinion of the Town of Indian "frail that there is no reported
seasonal population to which could be added to the overall population. The town
used the website of the United States Census Bureau as well as Factfnder.com to
establish as basis for our population estimates.
1.2 Growth Rate
The population growth rate for the Town of Indian Trail was based on the relative
change between the US Census population in 1990 and 2000. The reported
population in 1990 was 1,942 and 11,905 in 2000. This represents a 61.3%
increase over ten (10) years, with an annual rate 6.13%.
0 1.3 Jurisdictional and MS4 Service Areas:
The current jurisdictional and MS4 service areas for the Town of Indian Trail are
20.31 square miles.
1.4 MS4 Conveyance System: The town currently uses pipes and open channels to
control the flow of water during a storm. However, the coverage of pipes and
open channels are not found throughout the town. The current system of pipes
and channels does perform at an adequate rate but may be engotia et�d'during a
large outfall event. Maintenance is performed as needed for pipes and open
channels found within the town limits. Per Indian Trail Zoning Ordinance,
Subdivision Ordinance and Land Development Standards all streets constructed
by private developers must have curb and gutter storm water systems, and
structural BMPs to handle storm water runoff for developments that create over
20,000 square feet of impervious areas are required.

�11
1.5 Land Use Composition Estimates:
Residential 65%
Commercial 20%
Industrial 10%
Open Space 5%
1.6 Estimate Methodology:
The methodology used to determine the percentages of land uses in the town was
to examine the 2002 taxes by parcel and divide the property classifications into
the aforementioned. We then looked to our current land use map and conducted a
count of parcels that were residential, commercial, industrial and open space.
Given the estimated numbers we calculated each classification as a percentage of
the overall count.
1.7 TMDL Identification:
The Town of Indian Trail does not currently discharge into a controlled body of
water or receiving stream as defined by the EPA and/or DENR.
2. RECEIVING STREAMS
Receiving
Stream
Water Quality
Use Support
Water Quality
Stream Name
Segment
Classification
Rating
Issues
West Fork
1 1-138-1
C
N/R
Twelvemile
Creek
Price Mill
11-I38-2-2
C
N/R
Creek
Davis Mine
11-138-2-2-1
C
N/R
Creek
Goose Creek
13-17-18
C
N/R
Crooked Creek
13-17-20
C
N/R
2

0
North Fork
13-17-20-1
C
N/R
Crooked Creek
South Fork
13-17-20-2
C
N/R
Crooked Creek
Crooked Creek
13-17-20
C
N/R
3. EXISTING WATER QUALITY PROGRAMS
3.1 Local Programs:
The town currently does not participate in any local water quality
programs.
3.2 State Programs:
Construction projects that occur within the town limits are governed in
accordance with the provisions of the State Sedimentation Pollution
Control Act and conducted through the Mooresville office. The town does
not participate in any other state water quality programs.
4. PERMITTING INFORMATION
4.1 Responsible Party Contact List:
Public Education and Outreach
Planner & Town Clerk
Planner -Chance Tanner
Town Clerk -Karen Price ✓
Phone [phone]
Fax [phone]
townhal l(2(indiantrail. org
Public Involvement and Participation
Planner & Town Clerk
Planner -Chance Tanner
Town Clerk -Karen Price �
Phone [phone]
Fax [phone]
townhaligindiantrail.or;
3

0
Illicit Discharge Detection and Elimination
Planner & Contract Engineer
Construction Site Runoff Control
Planner -Chance Tanner
Engineer- MJ Namin v
Phone [phone]
Fax [phone]
townhall r,indiantrail.org
Planner & Contract Engineer
Planner -Chance Tanner
Engineer- MJ Namin L
Phone [phone]
Fax [phone]
townhall u,indiantrail.org
Post -Construction Storm Water Management in New Development and
Redevelopment
Planner & Contract Engineer
Planner -Chance Tanner
Engineer- MJ Namin
Phone [phone]
Fax [phone]
townhall c indiantraii.or =
Pollution Prevention and Good Housekeeping for Municipal Operations
Planner
Planner -Chance Tanner V
Phone [phone]
Fax [phone]
townhallQ( indiantrail.org,
H

0 4.2 Organizational Chart
E
j VIP
Planner
Town Hall
Planning Department
Planning; Director
Town Manager
Town Clerk
Contract Engineer
4.3 Signing; Official
4.4 Duly Authorized Representation
NIA
5. Co -Permitting Information (if applicable)
Not Applicable
6. RELIANCE ON OTHER GOVERNMENT ENTITY TO SATISFY
ONE OR MORE PERMIT OBLIGATIONS
6.1 Name: North Carolina Department of Environmental and Natural
Resources
6.2 Element to be Implemented: Sediment and Erosion Control
6.3 Contact Information for Responsible Party:
Name: Matt Heller
Address: 919 N. Main St.
Mooresville, NC 28115
Phone:[phone]
6.4 Is a legal agreement in place to establish the relationship and
responsibilities of both parties?
No
Pr,
5

Gl� Ira�,Pe
0
4)

0 7. STORM WATER MANAGEMENT PROGRAM PLAN
7.1 PUBLIC EDUCATION AND OUTREACH ON STORM WATER
IMPACTS
7.1.1 BMP Summary Table
1Garbage Bill
Include Storm water information
X X
X X X Planner &
Insert
with quarterly garbage bills.
Town Clerk
Track the number of inserts
along with response from public
?Brochures &
Brochures and fact sheets will be
X X
X X X Planner &
Fact Sheets
placed in all schools, town hall,
Town Clerk
public library and fire
departments.
Town
Develop and maintain a Storm
X X
X X X Planner &
Website
water micro site as part of the
Town Clerk
existing Town's website. `here
will be a FAQ section to try an
address common questions and
concerns the public may have, as
well as a comment/complaint
section to allow interaction and
public involvement.
Public
A public meeting will be held to
X X
X X X Planner &
Meeting
educate the public o f the rules
Town Clerk
and regulations that accompany
storm water controls.
ducational
Elementary, Middle, and 1-ligh
X X
X X X Planner &
Programs
School informational packets
Town Clerk
for all
will be distributed to all schools
schools
to introduce participation
programs they may partake in
and the difference their efforts
can make.
7.1.2 Target Audience:
The target audiences for the garbage inserts are primarily all residents
within the town limits and receiving garbage and recycling services. The
Obrochures and fact sheets have a target audience of any persons which frequent
0

O
the library, fire departments, town hall and schools. The web site is targeting
residential and commercial persons within the town and those persons/businesses
wishing to locate within the town and gain a more in-depth understanding of
storm water. The Public Meeting is targeted to gain the majority of the residences
and business within the town to have the opportunity to listen and have their
concerns addressed by the proper officials. School -aged children are the target
for all in -school education programs. However, it is the goal of the programs to
encourage interaction between children and their parents through education.
7.1.3 Target Pollution Sources:
Pollutant sources targeted with the garbage insert are those which produce
trash, chemicals and waste oils, fecal coli form and sediment and erosion control.
The fact sheets and brochures will encompass all pollutant sources; trash, car
washing, disposal of household chemicals and oils, and lawn care products.
Septic systems shall be address as a target pollutant source for all BMPs
mentioned above.
7.1.4 Outreach Program:
The public will be informed at least 25 days prior to the public meeting
and participation in open discussion will be strongly encouraged. The school
programs shall include Adopt -A -Stream, Adopt-A-Greenway/Trail, and stenciling
of storm drains and will be made available to all residents of the town for
extended outreach participation. The garbage insert will present general
information as well as good housekeeping measures that can be performed on a
household level. The micro site within the town's website will give contact
information in addition to any documents related to storm water. It is the goal of
the town that through the aforementioned BMPs that 80% of the general public
within the town will gain access to storm water information.
7.1.5 Decision Process:
The town decided to use the aforementioned methods because it presents
the most efficient and effective educational outreach. Furthermore, the town
chose the goals to which they felt would gain the broadest audience while
allowing for interaction between the town officials and the general public. The
responsible parties for implementing BMPs 1-5 are the Town Clerk and a planner
within the Planning Department. The Town Clerk works closely with all public
facilities within the town and is the most visible link between the public and town
officials. The planner will provide the pertinent storm water information to be
found in the fact sheets, mailers, brochures and web sites. It will be through the
communication and cooperative efforts of the Town Clerk and the Planner that the
school educational programs will be developed and implemented.
7.1.6 Evaluation:
The town plans to evaluate the program based on public feedback.
Internally the town manager, planning director, planner and town clerk will
7

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conduct an annual meeting to discuss if the BMPs are effective and meeting their
said goals. Should any changes be necessary, DWQ will be notified annually.
7.2 PUBLIC INVOLVEMENT AND PARTICIPATION
7.2.1 BMP Summary Table
!Adopt -A -Stream
Allowing persons to
actively maintain
streams and stream
banks while educating
to the benefits of doing
o
such activities.
Stenciling of
Allowing persons to
Storm Drains
personally take an
active role and stencil
storm drains to
`Adopt
discourage dumping.
-A-
Allowing persons to
Greenway/Trail
actively maintain the
buffers trails and
greenways offer to
adjoining streams and
waterways. Education
of benefits to such
efforts will be made
available.
X X X X X Planner &
Town Clerk
X X X X X Planner &
Town Clerk
X X X X X Planner &
Town Clerk
7.2.2 Target Audience:
The target audience for all BMPs mentioned above is for the entire town,
7.2.3. Participation Program:
7.2.3.1 Adopt -A -Stream:
Will allow persons to become involved at a level that they are comfortable
with as well as giving the flexibility of participation.
7.2.3.2 Storm Drain Stenciling:
Allows a more hands on approach but on a smaller, less intense
participation demand than the Adopt -A -Stream and Adapt-A-Greenway
programs.
8

El
7.2.3.3 Adopt-A-Greenway/Trail
Will allow persons to become involved at a level that they are comfortable
with as well as giving the flexibility of participation.
7.2.4 Decision Process:
The town chose the aforementioned participation programs because it
allows the residents to choose their level of involvement and to what
extent they wish to participate_ All the programs will allow the
participants to perform their duties without conflicting with their personal
schedule while achieving the overall goals of the programs. The
programs are proven and effective in neighboring municipalities and the
town feels as though there will be much support among the civic
organizations, homeowner's association, local businesses, schools and
individuals. The education for the benefits of such programs and their
affect on storm water will be included for schools, libraries and town hall
through the brochures and website. The stenciling program is aimed
more toward informing the public that you should think twice before
pouring, washing, dumping or adding anything to our storm drains. The
Adopt -A Trail and Adopt -A -Stream programs are programs the state
currently supports and it is the intention of the town to utilize the current
educational materials and implementation strategies available.
7.2.5 Evaluation:
Evaluation of the programs will come from the feedback of the
community as well as walking the streams and trailslgreenways found
within the town. Stenciling of the storm drains will be inspected on an
annual basis and maintenance done as necessary. A section will be
included on the town's website to allow for comments and suggestions
regarding the programs. The degree of pride our residents display in our
town will be evident through their participation in maintaining the
necessary natural controls for storm water.
7.3 ILLICIT DISCHARGE DETECTION AND ELIMINATION
7.3.1 BMP Summary Table
Develop an 1, A Storm water ordinance
Illicit will be developed to
Discharge address a comprehensive
Ordinance range of illicit
discharges, as well as
X X X Planner &
Engineer
9

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Develop a 'Z
Storm Sewer
System Map
Inform 9
employees and
the public of
the hazards
associated
with illicit
discharges
Train 4.
necessary
employees to
identify and
inspect for
illicit
discharges
informing of enforcement
and penalties.
Map will be prepared that
will illustrate outfalls,
receiving streams and
existing storm
management systems
Develop and implement a
program to inform the
public of the hazards
associated with illicit
discharges.
Along with Good
Housekeeping meetings,
the pertinent staff will be
taught methods for
identifying illicit
discharges, illegal
connections and the steps
necessary to rectify the
situation.
X X X X X Planner
X X X X X Planner
X X X Planner &
Engineer
7.3.2 Storm Sewer System Map:
The town has contracted with a private firm to generate an electronic map
as well as a paper copy which will be stored and maintained by the
planning staff at town hall. The map shall include at minimum; location
of outfalls and their receiving streams, as well as existing storm water
detentions and storm drains. The map will be delineated into quadrants in
order to provide a basis for which annual inspections can be performed.
7.3.3 Regulatory Mechanism:
Years 3 through 5 will have the town developing and implementing a
comprehensive storm water ordinance. The ordinance will make
provisions for definition, deterrents of illicit of illicit non -storm water
discharge, inspection of such discharge and elimination of such discharge
through enforcement and penalties.
7.3.4 Enforcement:
The ordinance will make provisions for enforcement strategies to be taken
for illicit discharge violations. The strategies may include fines and civil
penalties. The process shall first involve notification to the property
LO

owner allowing ample time to rectify the illicit discharge and concluding
with issuance of notice of violations and fines.
7.3.5 Detection and Elimination:
The town's suggested approach to detect and eliminate illicit discharges
and connections will begin with a primary evaluation of the current
system. Given our storm sewer map will be divided into quadrants, this
will allow for ease of inspections while maintaining a methodical and
organized approach to detection. Upon detection of illicit discharge or
connection, the property owner will be notified or the necessary steps
required remediating the situation. However, the town does not currently
have the staff to perform the inspections effectively. It is the goal of the
town to either hire inspection staff or contract services through an outside
consultant.
7.3.5.1 Procedures for locating Priority Areas:
The division of the storm sewer map will be used to perform field
inspections of more aging systems within the town and will be
denoted on the map. Moreover, on -site inspections shall be
conducted in conjunction with the annual Fire Departments
Hazardous Materials inspections. Our town is divided into more
than one fire district.
7.3.5.2 Procedures for Tracing the Source:
The town will train employees on illegal discharge and connection
identification_ Given our limited staff and available resources
tracing the source of illicit discharge and connections will come
from public comments/complaints and random on -site inspections.
7.3.5.3 Procedures for Removing the Source:
Once an illicit discharge or connection has been discovered,
documentation of such violation will begin. The property owner
will be notified of the violation and the steps necessary to remedy
the violation. In case of fecal coli form discharge, the Union
County Health Department shall be notified immediately.
7.3.5.4 Procedures for Evaluation of Plan:
The number of violations reported will be documented and the
number of those violations remedied will be documented. A
percentage will be determined ot'violations in comparison to
remediations.
7.3.6 Non -Storm water Discharges
➢ Water line flushing Allowable
➢ Landscape irrigation Allowable
➢ Diverted stream flows Allowable
➢ Rising ground waters Allowable
➢ Uncontaminated ground water infiltration Allowable
➢ Uncontaminated pumped ground water Allowable

➢
Discharges from potable water sources
Allowable
➢
Foundation drains
Allowable
➢
Air conditioning condensation
Allowable
➢
Irrigation water
Allowable
➢
Springs
Allowable
➢
Water from crawl space pumps
Allowable
➢
Footing drains
Allowable
➢
Lawn watering
Allowable
➢
Individual residential car washing
Allowable
➢
Flows from riparian habitats and wetlands
Allowable
Dechlorinated swimming poll discharges
Allowable
➢
Street wash water
Allowable
7.3.7 Other Incidental Non -Storm Water Discharges
Fundraising car washes will be allowed but in limited numbers and
suitable places shall be defined. Furthermore, commercial irrigation
systems shall be allowed but must utilize organic fertilizers and pesticides
whenever possible.
7.3.8 Outreach:
It is the main goal of the town to inform all residents of the hazards
associated with illicit discharges and connections. This will be achieved
through the previously discussed educational and involvement programs.
0
7.3.9 Decision Process:
The program for illicit discharge detection and elimination was chosen as
being the most effective and cost efficient for the town. Through
mapping, development of an ordinance and training of employees, the
town hopes to establish a base for which the detection and elimination can
follow.
0
7.3.10 Evaluation:
The town plans to perform internal evaluations using violations,
remediations, public Feedback and input as means for success or failure of
the chosen BMPs. Should areas be found to produce less than desirable
results, then changes will be made accordingly and DWQ notified
immediately or any and all changes.
7.4 CONSTRUCTION SITE STORM WATER RUNOFF CONTROL
The town will continue to rely on the North Carolina Department of
Environmental and Natural Resources Sediment and Erosion Control Program
and Division of Water Quality general storm water permit, in addition to the
North Carolina General Construction Permit for its construction activities.
12

0
7.4.1 BMP Summary Table:
Pre- A pre -construction X X X X X Planner &
Construction meeting will be Town Clerk
Meeting conducted through the
planning department to
educate developers and
builders of current storm
water requirements.
7.4.2 Regulatory Mechanism:
A pre -construction meeting will be mandatory for all builders and
developers to complete annually. The meeting will inform builder and developers
of current storm water regulations, requirements, enforcement and penalties that
shall ensue for violations. Each builder and developer shall sign a document to be
drawn up by the town's attorney stating that each builder/developer was made
aware of any and all storm water regulations and intends to comply with all_ The
recorded document will be kept with the Town Clerk and the Planning
Department.
7.4.3 Plan Reviews: All plans will he reviewed by the planner as well as the
contract engineer. All comments shall be returned to the builder/developer for
amendments to be made accordingly before resubmittal.
7.4.4 Enforcement:
Enforcement shall come through random inspections to be performed by
either contract consultants or future hired staff. Penalties shall range from lines
levied, injunction of permits and civil penalties. The town has not determined the
exact measures penalties will take on.
7.4.5 inspections:
Random inspections shall be performed by either contract consultants or
future hired staff. A report of their findings shall be documented and maintained
with the planning department.
7.4.6 Public Information:
A notification letter will be mailed out to all builders and developers on
record with the planning department as of the previous two years. The letter will
state the nature of the meeting, date, time, place and need for participation in
order to receive future building permits.
13

0
7.4.7 Decision Process:
The town felt as though this BMP was the most direct and effective
measure to ensure communication of current storm water regulation and
requirements. The planning staff will educate builders/developers not only on the
rule and regulations but educate them on the reason for the importance of
understanding storm water. It is only through education can the town hope to
achieve its goal of reducing and improving the quality of storm water.
7.4.8 Evaluation:
Evaluation of the program will come from a survey that the
builders/developers will complete upon finishing the meeting. Furthermore,
success of the BMP will be determined by the number of violations conducted by
those persons who participated in the pre -construction meeting.
7.5 POST -CONSTRUCTION STORM WATER MANAGEMENT IN
NEW DEVELOPMENT AND REDEVELOPMENT
Program Requirements: At a minimum you must:
➢ Develop, implement, and adopt by ordinance a post -construction storm
water managements program to address post -construction runoff from new
development and redevelopment. This shall include redevelopments
projects that disturb greater than or equal to one acre, as well as projects
less than one acre that are a part of a larger common plan of development
or sale, that discharge into the MS4 or into an interconnected MS4.
➢ Develop and implement strategies which include a combination or
structural and/or non-structural best management practices appropriate for
your community;
➢ Begin program implementation by March 10, 2008;
➢ The program shall require all projects that meet the appropriate size
limitations to apply for a locally issued permit under one of the following
parameters:
• Low Density Projects: Projects shall be permitted as low density if
the project meets the following conditions:
1. No more than 2 dwelling units per acre or 24 % built -upon area
(BUA) for all residential and non-residential development;
2. Storm water runoff from the development shall be transported
from the development by vegetated conveyances to the maximum
extent practicable
3. All BUA shall be at a minimum of 30 feet landward of all
perennial and intermittent surface waters
4. The permit shall require recorded deed restrictions and
protective covenants to ensure that development activities maintain the
development consistent with the approved project plans. The changes
14

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in deed restriction and protective covenants will supersede all existing
restrictions and covenants.
• High Density Projects: Projects exceeding the low density
threshold shall implement storm water control measures that:
1. Control and treat the difference in storm water runoff volume
leaving the project site between the pre and post development
conditions for the one year 24 hour storm, but no more than 120
hours.
2. All structural storm water treatment systems used to meet the
requirements of the program shall be designed to have an 85%
average annual removal fro Total Suspended Solids (TSS).
3. All BUA shall be at a minimum of 30 feet landward of all
perennial and intermittent surface waters.
4. The permit shall require recorded deed restrictions and
protective covenants to ensure that development activities maintain
the development consistent with the approved project plans. The
changes in deed restrictions and protective covenants will
supersede all existing restrictions and covenants.
Ensure adequate long-term operation and maintenance by the owner of
BMPs. The program shall include requirements that the owner of a
permitted structural BMP, submit annually to the local program, a
maintenance inspection report on each structural BMP. The inspection
shall be completed by a qualified professional; and
0 > A program shall be developed to control, to the maximum extent
practicable, the sources of fecal soli form.
7.5.1 BMP SummM Table
PartV
Examine existing Initiate the X X X Planner
development ordinance and development of
make provisions for standards and
development/redevelopment practices for the
into Storm water Phase II post -
construction
storm water
management
WA program.
Develop, promote and Develop storm X X X X X Planner
implement storm water water permitting
permitting program program and plan
review process in
years_
Educate the
development
community on the
V

➢ Alternative detention systems are encouraged, final approval of
system must come from town's contract engineer.
7.5.3 Structural BMPs
➢ Current development standards state those developments
which exceed 20,000 square feet of impervious area to control the
pre -development runoff discharge from the 2 year and 10 year
design storm events. Alternative detention systems are
encouraged, final approval of system must come from town's
contract engineer.
7.5.4 Regulatory Mechanism
The goal of the town is to develop its storm water ordinance post -
construction development controls will address the required elements of the North
Carolina temporary rules. Site design regulations and BMPs will be concluded
from those defined in the North Carolina model ordinance to be developed for
Phase II communities.
7.5.5 Operation and Maintenance
It is the town's intent that all maintenance and inspections of structural
BMPs be the responsibility of the developer/builder/resident/homeowner's
association, whichever applies. A designated staff person for the town will be
responsible for obtaining annual maintenance inspection reports from qualified
• professionals. The aforementioned staff person will then report the number of
inspections, notifications and corrective actions completed in the annual report.
7.5.6 Decision Process
It is the goal of the town to meet the minimum program requirements by
March 2008. Cooperative strategies between the town and the Union County
Health Department will need to be developed to effectively address the matter of
containing fecal coli form bacteria.
7.5.7 Evaluation
Internal review of the program shall be conducted annually and changes
made accordingly. Any and all changes will be reported to DWQ immediately.
7.6 POLLUTION PREVENTION & GOOD HOUSEKEEPING MEASURES
Program Requirements: Implement a pollution prevention and good housekeeping
program for municipal operations that addresses operation and maintenance,
including a training component, to prevent or reduce pollutant runoff from those
sources.
(The town does not own, operate or maintain any municipal operations.]!
7.6.1 BMP Summary`fable
17

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7-1
Develop and Ir In year 3 develop and
implement implement a program to
training educate town employees
programs for on clean water issues,
town storm water pollution
employees. prevention and proper
disposal of materials.
7.6.2. Decision Process
X X X Planner
Given that the town does not own, operate or maintain any operations,
education of town employees is the only viable option the town can submit to
comply with the Pollution Prevention and Good Housekeeping measure.
7.6.3 Evaluation
The town will evaluate the educational program of town employees
through effective measures taken personally by each employee.
18

k State of North Carolina OFFIC USE ONLY
Department of Environment & Natural Resources Date Rec d
Division of Water Quality Fee Paid
0 Permit Number
�o
4
NPDES STORMWATER PERMIT APPLICATION FORM
This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public
Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application
package includes this form and three copies of the narrative documentation required in Section X of this form.
This application form, completed in accordance with Instructions for completing NPDES Small MS4 Stormwater
Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with
Instructions for Preparing the Comprehensive Storm water Management Program Report (SWU-268) are both
required for the application package to be considered a complete application submittal. Incomplete application
submittals may be returned to the applicant.
I. APPLICANT STATUS INFORMATION
a.
Name of Public Entity
Town of Indian Trail
Seeking Permit Coverage
b.
Ownership Status (federal,
Public
state or local
c.
Type of Public Entity (city,
Town
town, county, prison, school,
etc.
d.
Federal Standard Industrial
SIC 91 - 97
Classification Code
e.
County(s)
Union
f.
Jurisdictional Area (square
20.31
miles
g.
Population
Permanent
Approx 15,000
Seasonal (if available)
h.
Ten-year Growth Rate
61.3%
i.
Located on Indian Lands?
❑ Yes ®No
II. RPE / MS4 SYSTEM INFORMATION
a.
Storm Sewer Service Area
(square miles
20.31
b.
River Basin(s)
Catawba & Yadkin Pee -Dee
c.
Number of Primary Receiving
Streams
8
d.
Estimated percentage of jurisdictional
area containing the following four land use activities:
•
Residential
65%
•
Commercial
20%
•
Industrial
10%
•
Open Space
5%
Total =
100%
e.
Are there significant water
quality issues listed in the
attached application re rt?
❑ Yes ® No

NPDES RPE Stormwater Permit Application
0
0
III. EXISTING LOCAL WATER QUALITY PROGRAMS
a. Local Nutrient Sensitive Waters Strategy
❑ Yes ® No
b. Local Water Supply Watershed Program
❑ Yes ® No
c. Delegated Erosion and Sediment Control Program
❑ Yes ® No
d. CAMA Land Use Plan
❑ Yes ® No
IV. CO -PERMIT APPLICATION STATUS INFORMATION
(Complete this section only if co -permitting)
a. Do you intend to co -permit with
❑ Yes ® No
]
a permitted Phase I entity? ___.
b. If so, provide the name and permit number of that entity:
• Name of Phase I MS4
• NPDES Permit Number
c. Do you intend to co -permit
❑ Yes ® No
with another Phase II enti ?
d. If so, provide the name(s) of
the entity:
e. Have legal agreements been
finalized between the co-
❑ Yes ® No
ermittees?
V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS
(If more than one, attach additional sheets)
a. Do you intend that another
entity perform one or more of
® Yes ❑ No
our permit obligations?
b. If yes, identify each entity and the element they will be implementing
• Name of Entity
NC DENR
• Element they will
Sediment & Erosion Control
implement
• Contact Person
Matt Heller
• Contact Address
919 N. Main St
Mooresville NC 28115
• Contact Telephone Number
704-663-1699
c. Are legal agreements in place
Yes ®No
to establish responsibilities?
VI. DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff member. This
delegation must name a specific person and position and include documentation of the delegation action
through board action.
a. Name of person to which permit authority
N/A
has been delegated
b. Title/position of person above
N/A
c. Documentation of board action delegating permit authority to this person/position must be
provided in the attached application report.

NPDES RPE Stormwater Permit Application
O VII. SIGNING OFFICIAL'S STATEMENT
r 1
L�
0
Please see the application instructions to determine who has signatory authority for this permit
application. If authority for the NPDES stormwater permit has been appropriately delegated through
board action and documented in this permit application, the person/position listed in Section VI above
may sign the official statement below.
I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations.
Signature
Name
Edward Smith
Title
Mayor
Street Address
PO Box
2430
City
Indian Trail
State
NC
Zip
28079
Telephone
704-821-8114
Fax
704-821-3689
E-Mail
[e-mail]
VIII. MS4 CONTACT INFORMATION
Provide the following information for the person/position that will be responsible for day to day
implementation and oversight of the stormwater program.
a.
Name of Contact
Person
Lee Bailey
b.
Title
Planning Director
c.
Street Address
d.
PO Box
2430
e.
City
Indian Trail
f.
State
NC
g.
Zip
28079
h.
Telephone Number
704-821-8114
i.
Fax Number
704-812-3689
j.
E-Mail Address
[e-mail]

NPDES RPE Stonmwater Permit Applicalaon
IX. PERMITS AND CONSTRUCTION APPROVALS
List permits or construction approvals received or applied for under the following programs, Include contact
name if different than the person listed in Item VIII. If further space needed, attach additional sheets,
a.
RCRA Hazardous Waste
N/A
Management Program
N/A
b.
UIC program under SDWA
c.
NPDES Wastewater Discharge
N/A
Permit Number
d.
Prevention of Significant
N/A
Deterioration (PSD) Program
N/A
e.
Non Attainment Program
f.
National Emission Standards for
N/A
Hazardous Pollutants (NESHAPS)
reconstruction approval
g.
Ocean dumping permits under the
N/A
Marine Protection Research and
Sanctuaries Act
h.
Dredge or fill permits under
N/A
section 404 of CWA
0
X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT
Attach three copies of a comprehensive report detailing the proposed stormwater management program for
the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown
below. The required narrative information for each section is provided in the Instructions for Preparing the
Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the
following order, bound with tabs identifying each section by name, and include a Table of Contents with
page numbers for each entry.
0

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Quick Tables
DP-1, General Population and Housing Characteristics: 1.990
Data Set: 1990_Summary Tape File 1 (STF 1.) - 100Percent data
Geographic Area: Indian Trail town, North Carolina
NOTE: For information on confidentiality, nonsampling error, and definitions, see
http_/-/factfinder.,census.goylhomelenldatanoteslexostfl9O. htm.
Subject
Number
Total population
1,94
EX
Male
95
Female
98
GE
Under 5 years
1731
5 to 17 years
37
18 to 20 years
51
21 to 24 years
8
25 to 44 years
74
45 to 54 years
20
55 to 59 years
7
60 to 64 years
fi
65 to 74 years
91
75 to 84 years
51
85 years and over
1
Under18 years
552
65 years and over
15
HOUSEHOLDS BY TYPE
Total households
698
Family households families
57
Married -couple families
50
Other family, male householder
21
Other family, female householder
4
Nonfamily households
12
Householder living alone
102
Householder 65 years and over
3
Persons living in households
1,942
Persons per household
2.7
GROUP QUARTERS
Persons living in group quarters
Institutionalized persons
Other persons in group quarters
RACE AND HISPANIC ORIGIN
White
1,86
Black
52
American Indian, Eskimo, or Aleut
17
Asian or Pacific Islander
4
Other race
Hispanic origin of any race
1
Total housing units
71
http:Hfa... /BasicFactsTable?_Lang=en&_vt_name=DEC_1990_STF1_DP1&_geo_id=16000US37126 3/26/2003

American FactFinder
Page 2 of 2
a
4
Subject
Number
OCCUPANCY AND TENURE
Occupied housing units
698
Owner occupied
58
Renter occupied
11
Vacant housing units
1
For seasonal, recreational, or occasional use
1
Homeowner vacancy rate
1.
Rental vacancy rate
2.
Persons per owner -occupied unit
2.8
Persons per renter -occupied unit
2.6
Units with over 1 person per room
UNITS IN STRUCTURE
1-unit detached
65
1-unit attached
6
2 to 4 units
2
5 to 9 units
10 or more units
Mobile home, trailer, or other
5
VALUE
Specified owner -occupied housing units
52
Less than $50,000
4
$50.000 to $99,999
40
$100,000 to $149,999
51
$150,000 to $199,999
1
$200.000 to $299,999
$300,000 or more
Median dollars
72,60
CONTRACT RENT
Specified renter -occupied housing units paying cash rent
9
Less than $250
3
$250 to $499
4
$500 to $749
21
$750 to $999
$1,000 or more
Median dollars
32
RACE AND HISPANIC ORIGIN OF HOUSEHOLDER
Occupied housing units
69
White
67
Black
1
American Indian, Eskimo, or Aleut
Asian or Pacific Islander
1
Other race
1
Hispanic origin of any race
(X) Not applicable
Source: U.S. Bureau of the Census, 1990 Census of Population and Housing, Summary Tape File 1 (100% Data)
Matrices P1, P3, P5, P6, P8, P11, P15, P16, P23, H1, H2, H3, H5, H8, H10, H18A, H21, H23, H2313, H32, H32B,
H41.
hapMa... IBasicFactsTable?_tang=en&_vt_name=DEC_1990_STF1_DP1&_geo_id=16000US37126 3/26/2003

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j U.S. Census Bureau
, _ .,., r..: i,. �93,t�. ♦ , I�hL�1LFswe� w.+y-:Il�'� �A,
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Quick Tables
Basic Facts
DP-1. Profile of General_Demographic Characteristics: 2000
Data Set: Census 2000 Summary Fife 1 (SF 1) 100-Percent Data
Geographic Area: Indian Trail town, North Carolina
NOTE: For information on confidentiality protection, nonsampling error, and definitions, see
httpJlfactfinnder. census.govlhomelenldatanoteslexpsf1 u.htm.
Subject
Number
Percent
Total population
11,905
100.
SEX AND AGE
Male
5,891
49.
Female
6,006
50.
Under years
1,129
9.
5 to 9 years
1,054
8.
10 to 14 years
925
7.
15 to 19 years
672
5.
D to 24 years
537
4.
5 to 34 years
2,289
19.2
35 to 44 years
2,407
20.2
5 to 54 years
1,396
11.71
55 to 59 years
464
3.91
0 to 64 years
310
2,
5 to 74 years
472
4.
75 to 84 years
196
1.
5 years and over
54
0.
Median age ears
32.
X
18 years and over
8,345
70A
Male
4,046
34.
Female
4,299
36.1
1 years and over
8,028
67.
2 ears and over
901
7.
5 years and over
722
6.1
Male
300
2.
Female
422
3.
RACE
One race
11,760
98.81
White
10,822
90.
Black or African American
637
5.
American Indian and Alaska Native
631
0.
Asian
11
1,
Asian Indian
2
0.
Chinese
6
0.1
Filipino
36
0.
Japanese
8
0.1
Korean
14
0.1
Vietnamese
21
0.
Other Asian
9
0.1
Native Hawaiian and Other Pacific Islander
11
0.1
Native Hawaiian
0
0.
Guamanian or Chamorro
7
0.1
Samoan
3
0.
Other Pacific Islander z
1
0.
Some other race
113
0.
wo or more races
145
1.2
Race alone or in combination with one or more other races'
hupMactfinder.cens... l tang=en_vt_name=DEC_2000_SFl_U_DPl_geo_id=16000US3733560.htm 3/26/2003

American FactFinder
Page 2 of 3
L
4
Subject
Number
Percent
hite
10,962
92.1
Black or African American
678
5.
merican Indian and Alaska Native
118
1.
sian
13M
1.1
Native Hawaiian and Other Pacific Islander
12
0.1
Some other race
151
1.
HISPANIC OR LATINO AND RACE
Total population
11,905
100.
His anic or Latino of any race
2951
2.
Mexican
8
0.
Puerto Rican
5
0.
Cuban
8
0.1
Other Hispanic or Latino
139
1.2
Not Hispanic or Latino
11,610
97.
White alone
10.664
89.
RELATIONSHIP
Total population
11,90
100.
In households
11,905
100.
Householder
4,299
36.1
Spouse
2,826
23.
Child
3.973
33.
Own child under 18 years
3,361
28.2
Other relatives
3981
3.
Under 18 years
1571
1,
Nonrelatives
4091
3.4
Unmarried partner
21
1.
In group quarters
0.
Institutionalized population
0.
Non institutionalized population
0
0.
OUSEHOLDS BY TYPE
Total households
4,299
100.
Family households families
3,402
79.1
With own children under 18 years
1,927
44.
Married -couple family
2,826
65.
With own children under 18 years
1,584
36.81
Female householder, no husband present
412
9.61
With own children under 18 years
260
5.
Nonfamily households
897,
20.
Householder living alone
700
16.
Householder 65 years and over
162
3.
Households with individuals under 18 years
2,040
47.
Households with individuals 65 years and over
644
12.
Average household size
2.7
X
Average family size
3,12
X
HOUSING OCCUPANCY
Total housing units
4,581
100.0
Occupied housing units
4,29
93.
Vacant housing units
28
6.
For seasonal, recreational, or occasional use
0.1
Homeowner vacancy rate(percent)
4.
X
Rental vacancy rate(percent)
3.2
X
HOUSING TENURE
Occupied housing units
4,299
100.
caner -occupied housing units
3,844
89.
enter -occupied housing units
455
10.
vera a household size of owner -occupied unit
2.7
X
vera a household size of renter -occupied unit
2.91
X
http://factfinder.cens... /_fang=en_vt_name=DEC_2000_SFl_U_DP1_geo_id=16000US3733560.litm 3/26/2003

TABLE OF CONTENTS
] , STORM SEWER SYSTEM INFORMATION 1
1.1. Population Served 1
1.2. Growth Rate 1
1.3. Jurisdictional and MS4 Service Areas 1
1.4. MS4 Conveyance System 1
1.5. Land Use Composition Estimates 2
1.6. Estimate Methodology 2
1.7. TMDL Identification 2
2. RECEIVING STREAMS 2-3
3. EXISTING WATER QUALITY PROGRAMS 3
3.1. Local Programs 3
3.2. State programs 3
4. PERMITTING INFORMATION 3
4.1. Responsible Party Contact List 3-4
4.2. Organizational Chart 5
4.3. Signing Official 5
4.4. Duly Authorized Representative 5
5. Co -Permitting Information (if applicable) 5
5.1. Co-Permittees 5
5.2. Legal Agreements 5
5.3. Responsible Parties 5
6. Reliance on Other Government Entity 5
6.1. Name of Entity 5
6.2. Measure Implemented 5
6.3. Contact Information 5
6.4. Legal Agreements 5
7. STORM WATER MANAGEMENT PROGRAM
6
7.1. Public Education and Outreach on Storm Water Impacts
6-8
7.2. Public Involvement and Participation
8-9
7.3. Illicit Discharge Detection and Elimination
9-12
7.4. Construction Site Storm water Runoff Control
12-14
7.5. Post -Construction Storm Water Management in
14-17
New Development and Redevelopment
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations
17-18
L

0 1. STORM SEWER SYSTEM INFORMATION
1.1 Population Served
The permanent population for the Town of Indian Trail is approximately 15,000
persons. It is the opinion of the Town of Indian Trail that there is no reported
seasonal population to which could be added to the overall population. The town
used the website of the United States Census Bureau as well as Factfinder.com to
establish as basis for our population estimates.
1.2 Growth Rate
The population growth rate for the Town of Indian Trail was based on the relative
change between the US Census population in 1990 and 2000. The reported
population in 1990 was 1,942 and 11,905 in 2000. This represents a 61.3%
increase over ten (10) years, with an annual rate 6.13%.
• 1.3 Jurisdictional and MS4 Service Areas:
The current jurisdictional and MS4 service areas for the Town of Indian Trail are
20.31 square miles.
1.4 MS4 Conveyance System: The town currently uses pipes and open channels to
control the flow of water during a storm. However, the coverage of pipes and
open channels are not found throughout the town. The current system of pipes
and channels does perform at an adequate rate but may be negotiated during a
large outfall event. Maintenance is performed as needed for pipes and open
channels found within the town limits. Per Indian Trail Zoning Ordinance,
Subdivision Ordinance and Land Development Standards all streets constructed
by private developers must have curb and gutter storm water systems, and
structural BMPs to handle storm water runoff for developments that create over
20,000 square feet of impervious areas are required.
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1.5 Land Use Composition Estimates:
Residential 65%
Commercial 20%
Industrial 10%
Open Space 5%
1.6 Estimate Methodology:
The methodology used to determine the percentages of land uses in the town was
to examine the 2002 taxes by parcel and divide the property classifications into
the aforementioned. We then looked to our current land use map and conducted a
count of parcels that were residential, commercial, industrial and open space.
Given the estimated numbers we calculated each classification as a percentage of
the overall count.
1.7 TMDL Identification:
The Town of Indian Trail does not currently discharge into a controlled body of
water or receiving stream as defined by the EPA and/or DENR.
2. RECEIVING STREAMS
Receiving
Stream
Water Quality
Use Support
Water Quality
Stream Name
Segment
Classification
Rating
Issues
West Fork
11-138-1
C
NIR
Twelvemilc
Creek
Price Mill
11-138-2-2
C
NIR
Creek
Davis Mine
11-138-2-2-1
C
N/R
Creek
Goose Creek
13-17-18
C
NIR
Crooked Creek
13-17-20
C
NIR
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North Fork
13-17-20-1
C
N/R
Crooked Creek
South Fork
13-17-20-2
C
N/R
Crooked Creek
Crooked Creek
13-17-20
C
N/R
3. EXISTING WATER QUALITY PROGRAMS
3.1 Local Programs:
The town currently does not participate in any local water quality
programs.
3.2 State Programs:
Construction projects that occur within the town limits are governed in
accordance with the provisions of the State Sedimentation Pollution
Control Act and conducted through the Mooresville office. The town does
not participate in any other state water quality programs_
4. PERMITTING INFORMATION
4.1 Responsible Party Contact List:
Public Education and Outreach
Planner & Town Clerk
Planner -Chance Tanner
Town Clerk -Karen Price
Phone [phone]
Fax [phone]
townhal l @indi antrai 1. org
Public Involvement and Participation
Planner & Town Clerk
Planner -Chance Tanner
Town Clerk -Karen Price
Phone [phone]
Fax 704-82 t -3689
townhallQindiantrail.org
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Illicit Discharge Detection and Elimination
Planner & Contract Engineer
Construction Site Runoff Control
Planner -Chance Tanner
Engineer- MJ Namin
Phone [phone]
Fax [phone]
townhalla indiantrail.org
Planner & Contract Engineer
Planner -Chance Tanner
Engineer- MJ Namin
Phone [phone]
Fax [phone]
townhallaindiantrail_. org
Post -Construction Storm Water Management in New Development and
Redevelopment
Planner & Contract Engineer
Planner -Chance Tanner
Engineer- MJ Namin
Phone [phone]
Fax [phone]
townhallaindiantrail.org
Pollution Prevention and Good Housekeeping for Municipal Operations
Planner
Planner -Chance Tanner
Phone [phone]
Fax [phone]
townhall@ indiantrail.org
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9
4.2 Organizational Chart
Town Hall
Planning Department
Planning Director
Planner
Town Manager
Town Clerk
Contract Engineer
4.3 Signing Official
4A Duly Authorized Representation
NIA
5. Co -Permitting Information (if applicable)
Not Applicable
6. RELIANCE ON OTHER GOVERNMENT ENTITY TO SATISFY
ONE OR MORE PERMIT OBLIGATIONS
6.1 Name: North Carolina Department of Environmental and Natural
Resources
6.2 Element to be Implemented: Sediment and Erosion Control
6.3 Contact Information for Responsible Party:
Name: Matt Heller
Address. 919 N. Main St.
Mooresville, NC 28115
Phone:[phone]
6.4 Is a legal agreement in place to establish the relationship and
responsibilities of both parties?
No
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7. STORM WATER MANAGEMENT PROGRAM PLAN
7.1 PUBLIC EDUCATION AND OUTREACH ON STORM WATER
IMPACTS
7.1.1 BMP Summary Table
Garbage Bill j Include Storm water information X
Insert
with quarterly garbage bills.
Track the number of inserts
along with response from public
Brochures &
Brochures and fact sheets will be X
Fact Sheets
placed in all schools, town hall,
public library and fire
departments.
Town
Develop and maintain a Storm X
Website
water micro site as part of the
existing Town's website. There
will be a FAQ section to try an
address common questions and
concerns the public may have, as
well as a comment/complaint
section to allow interaction and
public involvement.
X X X X Planner &
Town Clerk
X X X X Planner &
Town Clerk
X X X X Planner &
Town Clerk
Public A public meeting will be held to X X X X X Planner &
Meeting educate the public of the rules "Town Clerk
and regulations that accompany
storm water controls.
Educational
Elementary, Middle, and High X
Programs
School informational packets
for all
will be distributed to all schools
schools
to introduce participation
programs they may partake in
and the difference their efforts
can make.
X X X X Planner &
Town Clerk
7.1.2 Target Audience:
The target audiences for the garbage inserts are primarily all residents
within the town limits and receiving garbage and recycling services. The
brochures and fact sheets have a target audience of any persons which frequent

the library, fire departments, town hall and schools. The web site is targeting
residential and commercial persons within the town and those persons/businesscs
wishing to locate within the town and gain a more in-depth understanding of
storm water. The Public Meeting is targeted to gain the majority of the residences
and business within the town to have the opportunity to listen and have their
concerns addressed by the proper officials. School -aged children are the target
for all in -school education programs. However, it is the goal of the programs to
encourage interaction between children and their parents through education.
7.1.3 Target Pollution Sources:
Pollutant sources targeted with the garbage insert are those which produce
trash, chemicals and waste oils, fecal coli form and sediment and erosion control.
The fact sheets and brochures will encompass all pollutant sources; trash, car
washing, disposal of household chemicals and oils, and lawn care products.
Septic systems shall be address as a target pollutant source for all BMPs
mentioned above.
7.1.4 Outreach Program:
The public will be informed at least 25 days prior to the public meeting
and participation in open discussion will be strongly encouraged. The school
programs shall include Adopt -A -Stream, Adopt- A-Greenway/Tra il, and stenciling
of storm drains and will be made available to all residents of the town for
extended outreach participation. The garbage insert will present general
information as well as good housekeeping measures that can be performed on a
household level. The micro site within the town's website will give contact
information in addition to any documents related to storm water. It is the goal of
the town that through the aforementioned BMPs that 80% of the general public
within the town will gain access to storm water information.
7.1.5 Decision Process:
The town decided to use the aforementioned methods because it presents
the most efficient and effective educational outreach. Furthermore, the town
chose the goals to which they felt would gain the broadest audience while
allowing for interaction between the town officials and the general public. The
responsible parties for implementing BMPs 1-5 are the Town Clerk and a planner
within the Planning Department. The Town Clerk works closely with all public
facilities within the town and is the most visible link between the public and town
officials. The planner will provide the pertinent storm water information to be
found in the fact sheets, mailers, brochures and web sites. It will be through the
communication and cooperative efforts of the Town Clerk and the Planner that the
school educational programs will be developed and implemented_
7.1.6 Evaluation:
The town plans to evaluate the program based on public Feedback.
Internally the town manager, planning director, planner and town clerk will
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conduct an annual meeting to discuss if the BMPs are effective and meeting their
said goals. Should any changes be necessary, DWQ will be notified annually.
7.2 PUBLIC INVOLVEMENT AND PARTICIPATION
T2.1 BMP Summary Table
Adopt -A -Stream
Allowing persons to
actively maintain,
streams and stream
banks while educating
to the benefits of doing
such activities.
Stenciling of
Allowing persons to
Storm Drains
personally take an
active role and stencil
storm drains to
discourage dumping.
Adopt -A-
Allowing persons to
Greenway/Trail
actively maintain the
buffers trails and
greenways offer to
adjoining streams and
waterways. Education
of benefits to such
efforts will be made
available.
X X X X X Planner &
Town Clerk
X X X X X Planner &
Town Clerk
X X X X X Planner &
Town Clerk
7.2.2 Target Audience:
The target audience for all BMPs mentioned above is for the entire town.
7.2.3. Participation Program:
7.2.3.1 Adopt -A -Stream:
Will allow persons to become involved at a level that they are comfortable
with as well as giving the flexibility of participation.
7.2.3.2 Storm Drain Stenciling:
Allows a more hands on approach but on a smaller, less intense
participation demand than the Adopt -A -Stream and Adopt- A-Grec nway
4 programs.
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Is
7.2.3.3 Adopt-A-Greenway/Trail:
Will allow persons to become involved at a level that they are comfortable
with as well as giving the flexibility of participation.
7.2.4 Decision Process:
The town chose the aforementioned participation programs because it
allows the residents to choose their level of involvement and to what
extent they wish to participate. All the programs will allow the
participants to perform their duties without conflicting with their personal
schedule while achieving the overall goals of the programs. The
programs are proven and effective in neighboring municipalities and the
town feels as though there will be much support among the civic
organizations, homeowner's association, local businesses, schools and
individuals. The education for the benefits of such programs and their
affect on storm water will be included for schools, libraries and town hail
through the brochures and website. The stenciling program is aimed
more toward informing the public that you should think twice before
pouring, washing, dumping or adding anything to our storm drains. The
Adapt -A Trail and Adopt -A -Stream programs are programs the state
currently supports and it is the intention of the town to utilize the current
educational materials and implementation strategies available.
7.2.5 Evaluation:
Evaluation of the programs will come from the feedback of the
community as well as walking the streams and trails/greenways found
within the town. Stenciling of the storm drains will be inspected on an
annual basis and maintenance done as necessary. A section will be
included on the town's website to allow for comments and suggestions
regarding the programs. The degree of pride our residents display in our
town will be evident through their participation in maintaining the
necessary natural controls for storm water.
7.3 ILLICIT DISCHARGE DETECTION AND ELIMINATION
7.3.1 BMP Summary Table
Develop an A Storm water ordinance
Illicit will be developed to
Discharge address a comprehensive
Ordinance range of illicit
discharges, as well as
X X X Planner &
Engineer
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L` J
40
informing; of enforcement
and penalties.
Develop a
Map will be prepared that X X X X X Planner
Storm Sewer
will illustrate outfalls,
System Map
receiving streams and
existing storm
management systems
]inform
Develop and implement a X X X X X Planner
employees and
program to inform the
the public of
public of the hazards
the hazards
associated with illicit
associated
discharges.
with illicit
discharges
Train
Along; with Good X X X Planner &
necessary
Housekeeping meetings, Engineer
employees to
the pertinent staff will be
identify and
taught methods for
inspect for
identifying illicit
illicit
discharges, illegal
discharges
connections and the steps
necessary to rectify the
situation.
7.3.2 Storm Sewer System Map:
The town has contracted with a private firm to generate an electronic map
as well as a paper copy which will be stored and maintained by the
planning staff at town hall. The map shall include at minimum; location
of outfalls and their receiving streams, as well as existing storm water
detentions and storm drains. The map will be delineated into quadrants in
order to provide a basis for which annual inspections can be performed.
7.3.3 Regulatory Mechanism:
Years 3 through 5 will have the town developing and implementing a
comprehensive storm water ordinance. The ordinance will make
provisions for definition, deterrents of illicit of illicit non -storm water
discharge, inspection of such discharge and elimination of such discharge
through enforcement and penalties.
7.3.4 Enforcement:
The ordinance will make provisions for enforcement strategies to be taken
for illicit discharge violations. The strategies may include fines and civil
penalties. The process shall first involve notification to the property
HUI

owner allowing ample time to rectify the illicit discharge and concluding
with issuance of notice of violations and fines.
7.3.5 Detection and Elimination:
The town's suggested approach to detect and eliminate illicit discharges
and connections will begin with a primary evaluation of the current
system. Given our storm sewer map will be divided into quadrants, this
will allow for ease of inspections while maintaining a methodical and
organized approach to detection. Upon detection of illicit discharge or
connection, the property owner will be notified or the necessary steps
required remediating the situation. However, the town does not currently
have the staff to perform the inspections effectively. It is the goal of the
town to either hire inspection staff or contract services through an outside
consultant.
7.3.5.1 Procedures for locating Priority Areas:
The division of the storm sewer map will be used to perform field
inspections of more aging systems within the town and will be
denoted on the map. Moreover, on -site inspections shall be
conducted in conjunction with the annual Fire Departments
Hazardous Materials inspections. Our town is divided into more
than one fire district.
7.3.5.2 Procedures for Tracing the Source:
40 The town will train employees on illegal discharge and connection
identification. Given our limited staff and available resources
tracing the source of illicit discharge and connections will come
from public comments/complaints and random on -site inspections.
7.3.5.3 Procedures for Removing the Source:
Once an illicit discharge or connection has been discovered,
documentation of such violation will begin. The property owner
will be notified of the violation and the steps necessary to remedy
the violation. In case of fecal coli form discharge, the Union
County Flealth Department shall be notified immediately.
7.3.5.4 Procedures for Evaluation of Plan:
The number of violations reported will be documented and the
number of those violations remedied will be documented. A
percentage will be determined of violations in comparison to
remediations.
7.3.6 Non -Storm water Discharges
➢ Water line flushing Allowable
➢ Landscape irrigation Allowable
Diverted stream Flows Allowable
➢ Rising ground waters Allowable
➢ Uncontaminated ground water infiltration Allowable
➢ Uncontaminated pumped ground water Allowable

Discharges from potable water sources
Allowable
i
Foundation drains
Allowable
➢
Air conditioning condensation
Allowable
➢
Irrigation water
Allowable
➢
Springs
Allowable
s
Water from crawl space pumps
Allowable
>
Footing drains
Allowable
y
Lawn watering
Allowable
Individual residential car washing
Allowable
Flows from riparian habitats and wetlands
Allowable
➢
Dechlorinated swimming poll discharges
Allowable
i
Street wash water
Allowable
7.3.7 Other Incidental Non -Storm Water Discharges
Fundraising car washes will be allowed but in limited numbers and
suitable places shall be defined. Furthermore, commercial irrigation
systems shall be allowed but must utilize organic fertilizers and pesticides
whenever possible.
7.3.8 Outreach:
It is the main goal of the town to inform all residents of the hazards
associated with illicit discharges and connections. This will be achieved
Othrough the previously discussed educational and involvement programs.
7.3.9 Decision Process:
The program for illicit discharge detection and elimination was chosen as
being the most effective and cost efficient for the town. Through
mapping, development of an ordinance and training of employees, the
town hopes to establish a base for which the detection and elimination can
follow.
7.3.10 Evaluation:
The town plans to perform internal evaluations using violations,
remediations, public feedback and input as means for success or failure of
the chosen BMPs. Should areas be found to produce less than desirable
results, then changes will be made accordingly and DWQ notified
immediately or any and all changes.
7.4 CONSTRUCTION SITE STORM WATER RUNOFF CONTROL
The town will continue to rely on the North Carolina Department of
Environmental and Natural Resources Sediment and Erosion Control Program
and Division of Water Quality general storm water permit, in addition to the
North Carolina General Construction Permit for its construction activities.
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7.4.1 13MP Summary Table:
Pre- A pre -construction X X X X X Planner &
Construction meeting will be Town Clerk
Meeting conducted through the
planning department to
educate developers and
builders of current storm
water reauirements.
7.4.2 Regulatory Mechanism:
A pre -construction meeting will be mandatory for all builders and
developers to complete annually. The meeting will inform builder and developers
of current storm water regulations, requirements, enforcement and penalties that
shall ensue for violations. Each builder and developer shall sign a document to be
drawn up by the town's attorney stating that each builder/developer was made
aware of any and all storm water regulations and intends to comply with all. The
recorded document will be kept with the Town Clerk and the Planning
Department.
7.4.3 Plan Reviews: Ail plans will be reviewed by the planner as well as the
contract engineer. All comments shall be returned to the builder/developer for
amendments to be made accordingly before resubmittal.
7.4.4 Enforcement:
Enforcement shall come through random inspections to be performed by
either contract consultants or suture hired staff. Penalties shall range from fines
levied, injunction of permits and civil penalties. The town has not determined the
exact measures penalties will take on.
7.4.5 Inspections:
Random inspections shall be performed by either contract consultants or
future hired staff. A report of their findings shall be documented and maintained
with the planning department.
7.4.6 Public Information:
A notification letter will be mailed out to all builders and developers on
record with the planning department as of the previous two years. The letter will
state the nature of the meeting, date, time, place and need for participation in
order to receive future building permits.
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7.4.7 Decision Process:
The town felt as though this BMP was the most direct and effective
measure to ensure communication of current storm water regulation and
requirements. The planning staff will educate builders/developers not only on the
rule and regulations but educate them on the reason for the importance of
understanding storm water. It is only through education can the town hope to
achieve its goal of reducing and improving the quality of storm water.
7.4.8 Evaluation:
Evaluation of the program will come from a survey that the
builders/developers will complete upon finishing the meeting. Furthermore,
success of the BMP will be determined by the number of violations conducted by
those persons who participated in the pre -construction meeting.
7.5 POST -CONSTRUCTION STORM WATER MANAGEMENT IN
NEW DEVELOPMENT AND REDEVELOPMENT
Program Requirements: At a minimum you must:
➢ Develop, implement, and adopt by ordinance a post -construction storm
water managements program to address post -construction runoff from new
development and redevelopment. This shall include redevelopments
projects that disturb greater than or equal to one acre, as well as projects
less than one acre that are a part of a larger common plan of development
or sale, that discharge into the MS4 or into an interconnected MS4.
➢ Develop and implement strategies which include a combination or
structural and/or non-structural best management practices appropriate for
your community;
➢ Begin program implementation by March 10, 2008;
➢ The program shall require all projects that meet the appropriate size
limitations to apply for a locally issued permit under one of the following
parameters:
• Low Density Projects: Projects shall be permitted as low density if
the project meets the following conditions:
1. No more than 2 dwelling units per acre or 24 % built -upon area
(BUA) for all residential and non-residential development;
2. Storm water runoff from the development shall be transported
from the development by vegetated conveyances to the maximum
extent practicable
3. All BUA shall be at a minimum of 30 feet landward of all
perennial and intermittent surface waters
4. The permit shall require recorded deed restrictions and
protective covenants to ensure that development activities maintain the
Odevelopment consistent with the approved project plans. The changes
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•
in deed restriction and protective covenants will supercede all existing
restrictions and covenants.
• High Density Projects: Projects exceeding the low density
threshold shall implement storm water control measures that:
1. Control and treat the difference in storm water runoff volume
leaving the project site between the pre and post development
conditions for the one year 24 hour storm, but no more than 120
hours.
2. All structural storm water treatment systems used to meet the
requirements of the program shall be designed to have an 85%
average annual removal fro Total Suspended Solids (TSS).
3. All BUA shall be at a minimum of 30 feet landward of all
perennial and intermittent surface waters.
4. The permit shall require recorded deed restrictions and
protective covenants to ensure that development activities maintain
the development consistent with the approved project plans. The
changes in deed restrictions and protective covenants will
supercede all existing restrictions and covenants.
➢ Ensure adequate long-term operation and maintenance by the owner of
BMPs. The program shall include requirements that the owner of a
permitted structural BMP, submit annually to the local program, a
maintenance inspection report on each structural BMP. The inspection
shall be completed by a qualified professional; and
A program shall be developed to control, to the maximum extent
practicable, the sources of fecal coli form.
7.5.1 BMP S
Examine existing
development ordinance and
make provisions for
development/redevelopment
into Storm water
Develop, promote and
implement storm water
permitting program
I'able
Initiate the X X X Planner
development of
standards and
practices for the
Phase II post -
construction
storm water
management
program.
Develop storm X X X X X Planner
water permitting
program and plan
review process in
years 3-4.
Educate the
development
I { community on the
15

0
0
Develop and implement
long-term maintenance
program from structural
BM Ps
Septic system oversight
program
requirements of
the program
throughout years
1-5.
Implementation
shall occur in
March 2008.
In year 3, begin X X X Planner &
developing a Engineer
program that
requires the yearly
inspection and
certification of
on -site structural
BMPs. By year
4-5
implementation of
such program will
begin as well as
documentation of
completed
inspections
Establish a X X Planner &
program to inform Engineer
developer/builders
and the public
regarding; proper
operation and
maintenance of
on -site
wastewater
treatment systems
for domestic
wastewater, in
conjunction with
the Union County
Health
Department.
7.5.2 Non-structural BMPs
➢ Landscape and buffer regulations are required for all new
development and redevelopment.
i Greenway planning is currently underway as well as trail planning.
0

Alternative detention systems arc encouraged, final approval of
system must come from town's contract engineer.
7.5.3 Structural BMPs
➢ Current development standards state those developments
which exceed 20,000 square feet of impervious area to control the
pre -development runoff discharge from the 2 year and 10 year
design storm events. Alternative detention systems are
encouraged, final approval of system must come from town's
contract engineer.
7.5.4 Regulatory Mechanism
The goal ofthe town is to develop its storm water ordinance post -
construction development controls will address the required elements of the North
Carolina temporary rules. Site design regulations and BMPs will be concluded
from those defined in the North Carolina model ordinance to be developed for
Phase 11 communities.
7.5.5 Operation and Maintenance
It is the town's intent that all maintenance and inspections of structural
BMPs be the responsibility of the developer/builder/resident/homeowner's
association, whichever applies. A designated staff person for the town will be
responsible for obtaining annual maintenance inspection reports from qualified
professionals. The aforementioned staff person will then report the number of
inspections, notifications and corrective actions completed in the annual report.
7.5.6 Decision Process
It is the goal of the town to meet the minimum program requirements by
March 2008. Cooperative strategies between the town and the Union County
Health Department will need to be developed to effectively address the matter of
containing fecal coli form bacteria.
7.5.7 Evaluation
Internal review of the program shall be conducted annually and changes
made accordingly. Any and all changes will be reported to DWQ immediately.
7.6 POLLUTION PREVENTION & GOOD HOUSEKEEPING MEASURES
Program Requirements: Implement a pollution prevention and good housekeeping
program for municipal operations that addresses operation and maintenance,
including a training component, to prevent or reduce pollutant runoff from those
sources.
The town does not own, operate or maintain any municipal operations.
7.6.1 BMP Summary Table
17

0
49
Develop and
in year 3 develop and
implement
implement a program to
training
educate town employees
programs for
on clean water issues,
town
storm water pollution
employees.
prevention and proper
disposal of materials.
X X X Planner
7.6.2. Decision Process
Given that the town does not own, operate or maintain any operations,
education of town employees is the only viable option the town can submit to
comply with the Pollution Prevention and Good Housekeeping; measure.
7.6.3 Evaluation
The town will evaluate the educational program of town employees
through effective measures taken personally by each employee.
18

NPDES Phase II
Stormwater Management Program
* d
;�!�
z
n^I'
a.
Nl
r�s
g
cry p
C Q
n �
Submitted by:
Scott J. Kaufhold, P.E.
Town Engineer
Stormwater Administrator

0
0
•
State of North Carolina
Department of Environment & Natural Resources
Division of Water Quality
OFFIC USE ONLY
Date Rec'd
Fee Paid
Permit Number
NPDES STORMWATER PERMIT APPLICATION FORM
This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public
Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application
package includes this form and three copies of the narrative documentation required in Section X of this form.
This application form, completed in accordance with Instructions for completing NPDES Small M54 Stormwater
Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with
Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-266) are both
required for the application package to be considered a complete application submittal. Incomplete application
submittals may be returned to the applicant.
I. APPLICANT STATUS INFORMATION
a.
Name of Public Entity
Town of Indian Trail
Seeking Permit Coverage
b.
Ownership Status (federal,
Local
state or local
c.
Type of Public Entity (city,
Town
town, county, prison, school,
etc.
d.
Federal Standard Industrial
SIC 91 - 97
Classification Code
e.
County(s)
Union
f.
Jurisdictional Area (square
25
miles
g.
Population
Permanent
26500
Seasonal (if available)
h.
Ten-year Growth Rate
165% (2000-2009)
L
Located on Indian Lands?
❑ Yes ® No
II. RPE / MS4 SYSTEM INFORMATION
a.
Storm Sewer Service Area
(square miles
25
b.
River Basin(s)
Catawba and Yadkin
c.
Number of Primary Receiving
Streams
6
d.
Estimated percentacle of jurisdictional
area containing the following four land use activities:
•
Residential
50
•
Commercial
12
•
Industrial
3
•
Open Space
35
Total =
100%
e.
Are there significant water
quality issues listed in the
attached application report?
® Yes ❑ No
SWU-264-103102
Page 1

NPDES RPE Stormwater Permit Application
•
III. EXISTING LOCAL WATER QUALITY PROGRAMS
a. Local Nutrient Sensitive Waters Strategy
❑ Yes ® No
b. Local Water Supply Watershed Program
❑ Yes ® No
c. Delegated Erosion and Sediment Control Program
® Yes ❑ No
d. CAMA Land Use Plan
❑ Yes ® No
IV. CO -PERMIT APPLICATION STATUS INFORMATION
(Complete'this section only if co -permitting)
a. Do you intend to co -permit with
❑Yes ®No
a permitted Phase I entity?
b. If so, provide the name and permit number of that entity:
• Name of Phase I MS4
• NPDES Permit Number
c. Do you intend to co -permit
El Yes No
with another Phase II enti ?
.❑
d. If so, provide the name(s) of
the entity:
e. Have legal agreements been
finalized between the co-
❑ Yes ❑ No
permittees?
V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS
0 (If more than one, attach additional sheets)
U
a. Do you intend that another
entity perform one or more of
our permit obligations?
® Yes ❑ No
b. If yes, identify each entity and the element they will be implementing
• Name of Entity
NC-DENR
• Element they will implement
Erosion and Sediment Program
• Contact Person
Aaron Brown, Chad Broadway and Andrew Schneider
• Contact Address
610 East Center Avenue, Mooresville, NC 28115
• Contact Telephone Number
704-663-1699
c. Are legal agreements in place
to establish responsibilities?
❑ Yes ® No
VI. DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff member. This
delegation must name a specific person and position and include documentation of the delegation action
through board action,
a. Name of person to which permit authority Scott Kaufhold, P.E.
has been delegated
b. Title/position of person above Town Engineer
c. Documentation of board action delegating permit authority to this person/position must be
provided in the attached application report.
SWU-264-103102
Page 2

NPDES RPE Stormwater Permit Application
0 VII. SIGNING OFFICIAL'S STATEMENT
�J
0
Please see the application instructions to determine who has signatory authority for this permit
application. If authority for the NPDES stormwater permit has been appropriately delegated through
board action and documented in this permit application, the person/position listed in Section VI above
may sign the official statement below.
I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. Tam aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations.
Signature
l
Name
Sco aufhold, P.E.
Title
Town Engineer
Street Address
130 Blythe Drive
PO Box
2430
City
Indian Trail
State
NC
Zip
28079
Telephone
704-821-1314
Fax
704-821-1381
E-Mail
[e-mail]
VIII. MS4 CONTACT INFORMATION
Provide the following information for the person/position that will be responsible for day to day
implementation and oversight of the stormwater program.
a.
Name of Contact
Person
Scott Kaufhold, P.E.
b.
Title
Town Engineer
c.
Street Address
130 Blythe Drive
d.
PO Box
2430
e.
City
Indian Trail
f.
State
NC
g.
Zip
28079
h.
Telephone Number
704-821-1314
i.
Fax Number
704-821-1381
j.
E-Mail Address
[e-mail]
SWU-264-103102
Page 3

NPDES RPE Stormwater Permit Application
Ll
IX. PERMITS AND CONSTRUCTION APPROVALS
List permits or construction approvals received or applied for under the following programs. Include contact
name if different than the person listed in Item VIII. If further space needed, attach additional sheets.
a.
RCRA Hazardous Waste
N/A
Management Program
N/A
b.
UIC program under SDWA
c.
NPDES Wastewater Discharge
N/A
Permit Number
d.
Prevention of Significant
N/A
Deterioration (PSD) Program
N/A
e.
Non Attainment Program
f.
National Emission Standards for
N/A
Hazardous Pollutants (NESHAPS)
reconstruction approval
g.
Ocean dumping permits under the
N/A
Marine Protection Research and
Sanctuaries Act
h.
Dredge or fill permits under
N/A
section 404 of CWA
X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT
Attach three copies of a comprehensive report detailing the proposed stormwater management program for
the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown
below. The required narrative information for each section is provided in the Instructions for Preparing the
Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the
following order, bound with tabs identifying each section by name, and include a Table of Contents with
page numbers for each entry.
TABLE OF CONTENTS
STORM SEWER SYSTEM INFORMATION
1.1. Population Served
1.2. Growth Rate
1.3. Jurisdictional and MS4 Service Areas
1.4. MS4 Conveyance System
1.5. Land Use Composition Estimates
1.6. Estimate Methodology
1.7. TMDL Identification
2. RECEIVING STREAMS
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs
3.2. State programs
Page 4
SWU-264-103102

NPDES RPE Stormwater Permit Application
•
4. PERMITTING INFORMATION
4.1. Responsible Party Contact List
4.2. Organizational Chart
4.3. Signing Official
4.4. Duly Authorized Representative
5. Co -Permitting Information (if applicable)
5.1. Co-Permittees
5.2. Legal Agreements
5.3. Responsible Parties
6. Reliance on Other Government Entity
6.1. Name of Entity
6.2. Measure Implemented
6.3. Contact Information
6.4. Legal Agreements
STORMWATER MANAGEMENT PROGRAM
7.1. Public Education and Outreach on Storm Water Impacts
7.2. Public Involvement and Participation
7.3. Illicit Discharge Detection and Elimination
7.4. Construction Site Stormwater Runoff Control
7.5. Post -Construction Storm Water Management in New Development and Redevelopment
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations
Page 5
5Wu-264-103102

STORMWATER MANAGEMENT
PROGRAM
-� Town of
A LIAN
1
.�w
T7 north carorina
Prepared by:
Engineering Department
August, 2010

Table of Contents
I.
Storm Sewer Sjwenl Information ..............................................................................................................
I
LI Population Served...............................................................................................................................1
1.2 Growth Rate........................................................................................................................................1
1.3 Jurisdictional and MS4 Service Areas.................................................................................................1
1.4 MS4 Conveyance System....................................................................................................................1
1.4.1 System Description.....................................................................................................................1
1.4.2 Maintenance and Ownership Responsibility ol'Systcm Components........................................1
1.5 Land Use Composition Estimates.......................................................................................................2
1.6 Land Use Composition Estimate Methodology.............................................................................
.....2
1.7 TMDI.Identification...........................................................................................................................2
2.
Receiving Slrcaws.....................................................................................................................................3
3.
Existing Water Quality Progrcinis.............................................................................................................5
3.1 Local Programs......................................................................................................................I............5
3.2 State Programs.....................................................................................................................................5
4.
Permilling Il forn?c?lion..............................................................................................................................6
4.1 Responsible Party Contact Information..............................................................................................6
4.2 Organizational Chart...........................................................................................................................6
4.3 Signing Official...................................................................................................................................6
4.4 Duly Authorized Representative.........................................................................................................6
5.
Co-l'ernfilting Information........................................................................................................................
7
S 6,
IZL%ICIIICB On OIJIL'N Government AgL'17C1B5.
%
6.1.1 NCDENR.................. ..................................................................................................
.7
6.1.2 NCDO'I'......................................................................................................................................7
6.1.3 Charlotte -Mecklenburg Water Quality Division........................................................................7
6.1.4 Union County Tax Assessors Oft -ice ..........................................................................................8
7.
Storm Water M(aiag8n ent RNogrcull.........................................................................................................9
7.1. Public Education and Outreach on Stormwatcr Impacts (Minimum Measure 1) ..............................9
7.1.1 13MP Summary `I'able.................................................................................................................9
7.1.2 'target Pollutant Sources...........................................................................................................10
7.1.3 "Target Audience...................................................................................................................1.1.10
7.1.4 Outreach Program.....................................................................................................................1
1
7.1.5 Evaluation...........................................................................................................
......................11
7.2 WQSE2 — Public Involvement and Participation (Minimum Measure 2)........................................1
1
7.2.1 13MP Summary Table...............................................................................................................1
1
7.2.2 Target Audience.......................................................................................................................12
7.2.3 Participation Program...............................................................................................................12
7.2.4 Decision Process.......................................................................................................................12
7.2.5 Evaluation.................................................................................................................................12
7.3 WQS1:3 — Illicit Discharge Detection and Elimination (Minimum Measure 3)..............................12
7.3.1 13MP Summary Table ................................................ ...............................................
................13
7.3.2 Storm Sewer System Map........................................................................................................15
7.3.3 Regulatory Mechanism.............................................................................................................15
7.3.4 Enforcement ....................... ...... ...... ...... .............................. ........................ .........
.... I .... ...... I ..... 15
7.3.5 Detection and Elimination........................................................................................................15
7.3.6 Non-Storrn Water Discharges...................................................................................................16
•
7.3.7 Outreach...................................................................... .........................
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina

7.3.8 Staff Training............................................................................................................................16
7.3.9 Evaluation.................................................................................................................................16
7.4 WQSE4 — Construction Site Storm Water Runoff Control (Minimum Measure 4).........................17
7.4.1 13MP Surnmary Table...............................................................................................................17
7.4.2 Regulatory Mechanism.............................................................................................................18
7.4.3 Plan Reviews...................................................................................................................... ..18
7.4.4 Enforcement......................................................................... ..................................................
..18
7.4.5 Inspections................................................................................................................................18
7.4.6 Public Information....................................................................................................................18
7.4.7 Evaluation.................................................................................................................................18
7.5 WQSES — Post -Construction Stormwater Management in New Development and Redevelopment
(Minimum Measure 5)............................................................................................................................18
7.5.1 [IMP Summary Table...............................................................................................................19
7.5.2 Storm Water Management Options..........................................................................................20
7.5.3 Non-Structural[3MPs...............................................................................................................21
7.5.4 Structural BMPs.......................................................................................................................22
7.5.5 Regulatory Mecltanisrrl.............................................................................................................22
7.5.6 Operation and Maintenance......................................................................................................22
7.5.7 Evaluation.............................................................................................................. ................
...22
7.6 WQSE6 — P01[uti0n Prevention and Good Housekeeping Measures for Municipal Operations
(Minimum Measure 6)...............................................................................................................
..22
7.6.1 LIMP Summary Table...............................................................................................................22
7.6.2 Affected Operations..................................................................................................................24
7.6.3 Training....................................................... ..........24
...................................................................
is7.6.5
7.6.4 Maintenance andInspections....................................................................................................24
Vehicular Operations................................................................................................................24
7.6.6 Waste Disposal.................................................................................................. .....................
..24
7.6.7 Flood Management Projects.....................................................................................................24
7.6.8 Existing Ordinances..................................................................................................................24
7.6.9 Decision Process.......................................................................................................................24
7.6.10 Evaluation...............................................................................................................................24
7.7 WQS1-"7 - Maintain TMDIJ Water Quality Recovery Program........................................................25
0
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina

• List of Tables
E
(91
Table 2- 1. Receiving Streams, Indian Trail, North Carolina........................................................................3
"fable 4- 1. Contact Information for Town of Indian Trail Staff....................................................................6
Table 7-1. BMI s and Measurable Goals for WQSEI — Public Education and Outreach on Stormwater
Impacts (Minimum Measurel)................................................................... ..10
......................................
Table 7-2. 13MI's and Measurable Goals for WQSE2 — Public Involvement and Participation (Minirt1um
Measure2)............................................................................................ ....... l I
"fable 7-3. 13MI's and Measurable Goals for WQSE3 — Illicit Discharge Detection and Ell irninalion
Program (Minimum Measure 3)..........................................................................................................14
Table 7-4. 13M I's and Measurable Goals for WQSE4 — Construction Site Storm Water Runoff Control
(Minimum Measure 4).........................................................................................................................17
Table 7-5. BMPs and Measurable Goals for WQSE5 — Post -Construction StormWater Management in
New Development and Redevelopment (Minimum Measure 5)......................................................... 19
Table 7-6. l3MPs and Measurable Goals for WQSE6 — Pollution Prevention and Good I-lousekeeping
Measures (Minimum Measure 6)........................................................................................................23
Table 7-7. Service hems and Measurable Goals for WQSE7 — Maintain TMD11 Water Quality Recovery
Program.............................................................................................................................25
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, Noah Carolina ill

(0 List of Appendices Included
•
APPENDIX A — Indian Trail, NPDES Phase II, MS4 Permit No. NCS000453
APPENDIX 13 — Town of Indian Trail, Corporate Boundary Map
APPENDIX C—Goose Creek Monitoring; Plan, Agreement between Town of Indian Trail and
Mecklenburg; County
APPENDIX D — Site Specific Water Quality Management Plan for the Goose Creek Watershed
APPENDIX E — Goose Creek Water Quality Recovery Program
APPENDIX F — Town of Indian Trail Employee Organization Chart
APPENDIX G — Town of Indian Trail Unified Development Ordinance - Section 1360.110 A & B
APPENDIX 1-1— Town of Indian Trail, Storm Water Utility Ordinance
APPENDIX I — Town of Indian Trail, Post -Construction Storm Water Ordinance
APPENDIX .I —Goose Creek Watershed Management Plan (Mecklenburg CoEmty)
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina iv

0 List of Acronyms
APWA
American Public Works Association
BMP
Best management practice
BUA
Built upon area
CIP
Capital improvement project
DLR
Department of Land Resources
DO
Dissolved oxygen
DWQ
Department of Water Quality
ERU
Equivalent residential unit
ETJ
Extraterritorial jurisdiction
FEMA
Federal Emergency Management Agency
FY
Fiscal Year
GIs
Geographic information system
I-IQW
Fligh quality water
IDDET
Illicit Discharge Detection and Elimination Program
NCDIsNR
North Carolina Department of Environment and Natural Resourccs
NCDOT
North Carolina Department of Transportation
NPDES
National Pollutant Discharge Elimination System
MEP
Maximum extent practicable
MIP
Maintenance improvement project
MS4
Municipal separate storm sewer system
ORW
Outstanding resource water
• P2
Pollution Prevention
QNSIr
Water quantity service element
RFS
Request for Service
ROW
Right-of-way
s
Supporting
SR
State road
SWAC
Storm Water Advisory Committee
SWMP
Storm Water Management Program
TMDL
Total maximum daily load
UDO
Unificd Development Ordinance
USEPA
U.S. Environmental Protection Agency
WQSE
Water quality service element
•
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina v

1* 1. STORM SEWER SYSTEM INFORMATION
1.1 Population Served
The 'Town of Indian Trail is located in Union County, North Carolina, approximately 16 miles southeast
of the City of Charlotte. It is within the urbanized area of Charlotte which is the largest City in North
Carolina. The Town of Indian Trail's MS4 serves approximately 26,954 residents (2009 Town population
estimate), all of who are permanent residents. The Town has no seasonal poptilace of note.
1.2 Growth Rate
North Carolina census data provided by North Carolina State Dernographics at www.demogstate.ne.us
indicates population estimates for Indian "Trail of 22,030 (July 2005) and 11,749 (April 2000). The most
recent data from the 2009 Powell Bill estimated the 2009 population to be 26,9543he population growth
between 2000 and 2005 in Indian Trail consists of 3,019 due to urban growth and 7,262 due to land
annexation. Therefore, the population growth estimate for Indian 'frail duc to urban growth is 25.7% for
the 5-year period or an average annual rate of approxirately 5.1 %.
1.3 Jurisdictional and MS4 Service Areas
"The Town of Indian Trail jurisdictional area (corporate boundary) currently encompasses approximately
25 square rniies (2009 Town estimate). "['his latest estimate from the Town includes approximately 3.4
square miles annexed by the Town between 2005 and 2007 and approximately 6.5 square miles of area
that was annexed between 2000 and 2005. The 2000 and 2005 area estimates are from North Carolina
State Dernographics at www.demo g.state.nc.trs. A map showing the Town's corporate boundaries is
provided in Appendix B. The Town has no extraterritorial jurisdiction (ETJ) area. The MS4 therefore
serves an area of approximately 25 square miles
There are areas identified for future annexation (however, there is nothing from preventing another town
from annexing these areas first). Annexed property, voluntary or involuntary, would be included in
service area at time of annexation
1.4 IVIS4 Conveyance System
1.4.1 System Description
The Town of Indian Trail's MS4 consists of a combination of open roadside ditches, underground pipes,
inlets and catch basins, outfalls, culverts, and sheet flow. The system has been inventoried and mapped
and is available on the Town's GIS system.
1.4.2 Maintenance and Ownership Responsibility of System Components
The "['own of Indian Trail is responsible for maintenance of the drainage system that exists along 40 miles
of roads within the Town. Inspections are conducted on annual rnonthly basis; however, no routine
maintenance is performed. Remedial maintcnancc is performed on a request for service driven priority
systern.
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina

The remaining storm water devices are owned and maintained by either the North Carolina Department of
Transportation (NCDOT), land developers, or property owners. For the most part, private property
owners are responsible for the storm water system on their properties. In most rural and urban settings,
these systems are defined as open channels, creeks and closed storm sewer systems. In commercial and
industrial developments, these systems may also include a detention/retention facility. The latter scenario
may also be true for multi -family developments such as apartment complexes and condominiums.
Per Section 1370.020 of the Town's Unified Development Ordinance, the owners, heirs, assigns a -
successors of the land upon which ponds are constructed shall agree to perpetual maintenance of the pond
and shall release and hold harmless the "Town of Indian Trail from any liability, claims, demands,
attorney's fees and costs or judgments arising from said pond. The ponds must be inspected by a
professional on a yearly basis at a minimum and the annual inspection report submitted to the Town
Engineer.
NCDOT owns and is responsible for maintenance of the storm water infrastructure within its right-of-
ways. This includes both open and closed storm water systems. The State of North Carolina is also
responsible for the storm water systems on state-owned properties.
1.5 Land Use Composition Estimates
Land use composition estimates were calculated from the Town of Indian Trail's current zoning map.
Open space was estimated based on the combined areas of Town cemeteries and privately owned parks.
They are:
• Residential: 49.9%
is
• Commercial: 8.8%
* Industrial: 2.8%
• Open Space: 0.9%
• Agriculture and Forested Land: 34%
•
1.6 Land Use Composition Estimate Methodology
Land use composition estimates were calculated from the Town of Indian Trail's current zoning map.
1.7 TMDL Identification
The body of water or receiving stream that the Town of Indian Trail's MS4 discharges into has been
issued a total maxirrrum daily load (TMDL) allocation by the North Carolina Department of Environment
and Natural Resources (NCDENR). This receiving stream is Goose Creek. The segment of Goose Creek
with the TMDL is located in Mint }-fill, and currently has a TMDL for fecal coliform. The TMDL for
Goose Creek is discussed further in Section 2, Receiving Streams.
Indian Trail Engineering Department Comprehensive SIGMI Water Management Program
August, 2010 Town of Indian Trail, North Carolina

•
2. RECEIVING STREAMS
The surface water streams that receive storm water runoff from the Town of Indian Trail are listed in
"fable 2-1 along with their water quality classification, use support rating and associated water quality
issues. As indicated in Table 2-1, the Town of Indian Trail currently has three stream segments on the
2008 303(d) impaired streams list. TMDLs have not yet been developed for these stream segments,
However, one stream segment that receives storm water runoff from Indian Trail has a TMDL. Goose
Creek, located in Mint Hill, currently has a "TMDL for fecal coliform. The Town of Indian Trail's NPDI;S
MS4 permit requires Indian Trail to participate in the Site Specific Water Quality Management Plan and
the TMDL Water Quality Recovery Program developed for Goose Creek. The agreement between Indian
Trail and Mecklenburg County is included in Appendix C. The Site Specific Water Quality Management
Plan is included in Appendix D. The Goose Creek Water Quality Recovery Program is included in
Appendix E.
Table 2-1. Receiving Streams, Indian Trail, North Carolina
Receiving Stream Name/
Municipality' �
Stream Segment/
13asinZ -
Water
Quality
Use
Support
3
Water Quality Issues
Class.
Rating
Crooked Creek/
13-17-20 (12.9 miles
C
I
Organic enrichment,
Hemby Bridge
from source to Rocky
turbidity, fecal coliform
River)/
03-07-12 (Yadkin)
North fork Crooked Creek 1
13-17-20-1 (12 miles
C
1
Habitat degradation, low
Hemby Bridge
from source to
DO, turbidity, fecal
Indian Trail
Crooked Creek)/
coliform due to urban
03-07-12 (Yadkin)
runoff, storm sewers
South Fork Crooked Creek/
13-17-20-2a (5.6 miles
C
I
303(d)List - 2006,
Indian Trail
from source to SR
Impaired biological
1515)/
integrity due to
03-07-12 (Yadkin)
agriculture, construction
and urban runoff/ storm
sewers
South Fork Crooked Creek/
13-17-20-2b (8.8
C
I
303(d)List - 2006,
Indian Trail
miles from SR 1515 to
Impaired biological
Crooked Creek)/
integrity due to
03-07-12 (Yadkin)
agriculture, construction
and urban runofl/ storm
sewers
Davis Mine Creek/
1 1-138-2-2-1/
C
S
n/a
Union County
03-08-38/ Catawba
Goose Creek/ Mint Hill
13-17-18 (3.2 miles
C
I
Organic enrichment,
from source to
habitat degradation, low
SR1524)/
DO, fecal coliform due 10
13-07-12 (Yadkin)
agriculture, minor non -
municipal point sources,
combined sewer overflow
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina

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Table 24. Receiving Streams, Indian Trail, North Carolina
Receiving Stream Name/
Stream Segment/
Water
Use
3
Municipality.
Basin
Quality
2
Suppo-r
Water Quality Issues
Class.
Rating
Price Mill Creek/ Union
1 1-138-2-21
C
S
nla
Count
03-08-38 (Catawba)
West ForkTwelve Mile
11-138-1/
C
S
n/a
Creek/ Union Count
03-08-38 (Catawba)
Notes:
1. Receiving streams were obtained from NI'DE-S permit.
2. Stream segment numbers and water quality classifications were obtained from NCDENR-DWQ, North Carolina
Stream Ciassification Schedules (I3IMS)
3. Use support ratings and water quality issues were obtained from NCDENR-DWQ 2008.
C = Waters protected for secondary recreation, fishing, wildlife and aquatic life propagation and survival,
agriculture and other uses suitable for Class C. Secondary recreation includes wading, boating, and other
uses involving human contact with water where such activities take place in an infrequent, unorganized, or
incidental manner. There are restrictions on watershed development or types of discharges.
DO = Dissolved oxygen
I = Impaired
nla = Not applicable
S = Supporting
SR = State Road
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina

0 3. EXISTING WATER QUALITY PROGRAMS
(a
•
3.1. Local Programs
The Town of Indian Trail currently implements the North Carolina Water Supply/Watershed Protection
program through the Town's Unified Development Ordinance, which outlines critical watershed areas
and institutes rigid controls governing the development of these areas.
3.2. State Programs
Construction projects within the town limits governed in accordance with the provisions of the State
Sedimentation Pollution Control Act, G.S. 113A-50 et seq. along with the states NPDES permit for
construction activities, will be used to meet the minimum measure for construction site storm water runorf
control.
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina

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4. PERMITTING INFORMATION
4,1 Responsible Party Contact Information
Measurable goals for required or recommended SWMP service iterns are identified in Section 5 of this
report along with the Indian Trail staff member or staff position responsible for each goal. Contact
information for these "]'own staff and positions are provided below in "fable 4-1.
Table 4-1. Contact Information for Town of Indian Trail Staff
Staff Position
Staff Name and Mailing
Telephone, Pax and E-Mail
Address
Town Manager
Mr. Joseph Fivas
Phone: [phone] l4
P.O. Box 2430
Fax: [phone]
Indian Trail, NC 28079
townmana era indiant!aj
Planning Director
Ms. Shelley R. Del-lart, AICP
Phone: [phone]
P.O. Box 2430
Fax: [phone]
Indian "frail, NC 28079
srd a planningjndiantrjjil.or
Town Engineer
Mr. Scott J. Kanfhold, PE
Phone: [phone]
(Storm Water Administrator)
Box 2430
Fax: [phone]
Indian Trail, NC 28079
(sik(a cn rincerin 1.indiantrail.or 7)
4.2 Organizational Chart
An organizational chart showing where the responsible parties listed in Table 4-1 fit irlto the structure of
the Town of Indian Trail is provided in Appendix F.
4.3 Signing Official
The Town Manager is the signing official of the Indian "frail.
4.4 Duly Authorized Representative
The Town Engineer is the Storm Water Administrator and duly authorized representative f-or the SWMP
implementation as described in section 1360.110A & 13 of the Unified Development Ordinance.
Documentation is provided in Appendix G.
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina
6

4 5. CO -PERMITTING INFORMATION
0
The Town of Indian `Trail is not a co-permittee with any other entity.
6. RELIANCE ON OTHER GOVERNMENT AGENCIES
The Town of Indian Trail relies on other local and State government agencies for various services related
to storm water management as follows:
6.1.1 NCDENR
The ']'own of Indian 'Frail relies on the State of North Carolina, Departmcnt of Environfnent and Natural
Resources' Sediment and Erosion Control Program and Department of Water Quality (DWQ) general
storm water Hermit, I'or its construction activities. NCDENR implements and enforces the Sediment and
Erosion Control Program pursuant to the Sedimentation Pollution Control Act, C.S. 1 13A-50 et seq.
Contact Information
Chad Broadway
NCDENR-Mooresville Regional Office
919 N. Main Street
Mooresville, NC 28115
704-663-1699
Leal A�,,recments: None
6.1.2 NCDOT
NCDOT provides maintenance of state road drainage infrastructure within the Town of Indian Trail.
Contact Information:
Legal Agreen]ents.
John Underwood, P.E.
NCDOT
130 S. Sutherland Avenue
Monroe, NC 28112
None
6.1.3 Charlotte -Mecklenburg Water Quality Division
As stated previously, the Town of Indian Trail's NPDES MS4 permit requires Indian Trail to participate
in the TMDI. Water Quality Recovery Program developed for Goose Creel:.
Contact Agreement: Richard Farmer
Water Quality Supervisor
Charlotte -Mecklenburg Storm Water Services
700 N Tryon Street
Charlotte, NC 28202
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina
7

0 5. CO -PERMITTING INFORMATION
0
The "Town of Indian Trail is not a co-permittce with any other entity.
6. RELIANCE ON OTHER GOVERNMENT AGENCIES
The Town of Indian Trail relies on other local and State government agencies for various services related
to storm water management as follows:
6.1.1 NCDENR
The Town of Indian Trail relies on the State of North Carolina, Department of Environment and Natural
Resources' Sediment and Erosion Control Program and Department of' Water Quality (DWQ) general
storm water permit, for its construction activities. NCDENR implements and enforces the Sediment and
Erosion Control Prograin pursuant to the Sedimentation Pollution Control Act, G.S. 1 13A-50 et seq.
Contact Information: Chad Broadway
NCDENR-Mooresville Regional Office
919 N. Main Street
Mooresville, NC 28115
704-663-1699
Legal 1 Agreements: None
6.1.2 NCDOT
NCDOT provides maintenance of state road drainage infrastructure within the Town of Indian Trail.
Contact Information:
Legal Agreements:
John Underwood, P.E-
NCDOT
130 S. Sutherland Avenue
Monroe, NC 281 12
None
6.1.3 Charlotte -Mecklenburg Water Quality Division
As stated previously, the Town of Indian Trail's NPDES MS4 permit requires Indian Trail to participate
in the TMDL Water Quality Recovery Program developed for Goose Creek.
Contact Agreement: Richard Farmer
Water Quality Supervisor
Charlotte -Mecklenburg Storm Water Services
700 N 'Tryon Street
Charlotte, NC 28202
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina

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Lc yal A 7reements: The Goose Creek Monitoring Plan and Water Quality Recovery Program are
implemented through an agreement with Mecklenburg County. The agreement
between Indian Trail and Mecklenburg County is included in Appendix C and J.
6.1.4 Union County Tax Assessors Office
The Indian Trail Storm Water Utility Service Fee is on the property owners' real estate property tax bill
which is prepared by the Union County Tax Assessors Office.
Contact Information:
Legal Agreements:
Robin Merry
Personal Property Appraisal Data Manager
Union CountyTax Assessor
300 N Main Street
1'O Box 97
Monroe, NC 28111
None
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina

• 7. STORM WATER MANAGEMENT PROGRAM
The Town of Indian Trail must maintain a comprehensive SWMP that fulfills all of the requirements of
the NPDES Phase 11 MS4 permit. Implementation of the SWMP that is detailed in this report will fulfill
this requirement. In addition, there are three items the Town must maintain as part o1' the SWMP
implementation: the legal mechanisms necessary to implement the SWMP; monitor and assess SWMP
Performance on an annual basis (Annual Report); and, adequate funding to implement and manage the
SWMP.
The Water (duality Service Elements (WQSEs) that the Town of Indian 'frail is required to provide in
order to fully implement the NPDES Phase II MS4 Storm Water Permit requirements are:
WQSEI —Public Education and Outreach on Stormwater Impacts (Minimum Measure 1)
WQSE2 - Public Involvement and Participation (MininlU n Measure 2)
WQSE3 — Illicit Discharge, Detection and Elimination (Minimum Measure 3)
WQSE4 — Construction Site Stormwater Runoff Control (Minimum Mcasurc 4)
WQSE5 — Post -Construction Stormwater Management in New Development and Redevelopment
(Minimum Measure 5)
WQSE6 — Pollution Prevention and Good Housekeeping for Municipal Operations
(Minimum Measure 6)
WQSE7 — Maintain TMDL Water Quality Recovery Program (Minimum Measure 7)
• 7.1. WQSEI — Public Education and Outreach on Stormwater Impacts (Minimum
Measure 1)
0
The objectives are:
• Distribute educational materials to the community regarding stormwatcr impacts;
• Conduct public outreach activities;
• Raise public awareness on the causes and impacts of storm water pollution; and,
• Inform the public on steps they can take to reduce or prevent storm water pollution.
Joint programs with other agencies and municipalities as well as other resource -sharing opportunities are
encouraged in order to conserve funds.
7.1.1 BMP Summary Table
The required and recommended service BMPs and corresponding measurable goals necessary to achieve
the objectives of WQSEI are described in Table 7-1. The implementation schedule for each item, as
required by the Town of Indian Trail's NPDES MS4 Permit, and the responsible staff position for each
13MP are also indicated in the table.
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina

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Table 7-1. BMPs and Measurable Goals for WQSE1 - Public Education and
Outreach on Stormwater Im acts Minimum Measure 1
I3MP
Mcasurahlc Goals
YR
YR
YR
YR
YR
Responsible
• .
1
2
3
4
5
Staff Position
a.
Maintain a
Maintain a public education
Public
program and implement.
Education
Incorporate outreach elements for
X
X
X
X
X
Civil Engineer I
and Outreach
significant minority and
Program
disadvantaged communities.
b.
Informational
Maintain an internet website. Post
Website
newsletter articles on storm water,
information on water quality, storm
X
X
X
X
X
Civil Engineer
water projects and activities, and
ways to contact Town SWMP staff.
C.
Public
Distribute general storm water
education
educational material to appropriate
materials for
target groups as likely to have a
schools,
significant storm water impact.
X
X
X
X
X
homeowners,
Indian Trail may utilize on state-
Civil Engineer l
and/or
supplied Public Education and
businesses
Outreach materials, as available,
when implementing the SWMP.
d.
Public
Distribute written educational
education
material to broad public audience,
Civil Engineer
material
including Contractors at all pre -
dissemination
construction meetings. Possibilities
X
X
X
X
X
include, but are not limited to utility
mail outs at the library and at
special events.
7.1.2 Target Pollutant Sources
Pollutant sources targeted in this control measure include those sources or activities that produce trash,
floatables, chemicals and waste oils, fecal coli form and sediment/erosion. To address targeted sources,
storm water pollution prevention messages should continue to target various groups. For children, the
messages should focus on pollutant sources that are easy to see and understand (e.g. trash, iloatables).
There should also be an ongoing effort toward helping the general public understand the nature of the
storm sewer system (i.e. the water which goes down the storm drain is not treated before it enters the
river), Messages targeted to industry should focus on good pollution prevention strategies. Property tax
bill Inserts should target homeowners with messages directed to proper disposal of hazardous waste and
proper use of lawn and garden chemicals.
7.1.3 Target Audience
The Town has several public outreach and education programs. These include: elementary school
education, handing out informational stickers and brochures at Town events (family run Day, Arbor
Day, O of July Parade, and the Christmas Tree Lighting), Town Council meetings, HOA meetings,
website postings, pre -construction meetings, business specific mail outs, and property tax bills. The Town
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina
10

• is also a participating member of the Regional Stormwater Partnership, which provides additional public
outreach and education to the surrounding general population of the Mecklenburg/Union County area.
7.1.4 Outreach Program
The outreach strategy includes various mechanisms to reach the targeted audiences. The mechanisms
include printed brochures, newspaper articles, and website postings.
7.1.5 Evaluation
The Annual Report will help determine if the goals are being effectively mct and if the BMPs are still the
best choice to attain the overall objective. Any needed changes should be proposed in the Annual Report.
7.2 WQSE2 — Public Involvement and Participation (Minimum Measure 2)
'['he Town of Indian Trail must provide opportunities for the public, including major economic and ethnic
groups, to participate in program development and implementation and to comply with applicable state
and local public notice requirements.
7.2.1 BMP Summary Table
The required and recommended service BMPs and corresponding measurable goals necessary to achieve
the objectives of WQSE2 are described in `['able 7-2. The implementation schedule for each item, as
required by the Town of Indian Trail's NPDES MS4 Permit, and the responsible staff position for each
BMP are also indicated in the table.
Table 7-2. BMPs and Measurable. Goals for WQSE2 — Public Involvement and
Partici ation Minimum Measure 2
Ylt
YR'
Ylt
YR
YR
Responsible Staff
I3MT
Measurable Coals
1
2
3
4
5
Position
Administer a
Implement the Public
a,
E
Public
Involvement and
X
X
X
X
X
"Town Ettgincer
Involvement
Participation Program.
Program
Allow the public
Conduct at least one
an opportunity to
public meeting to allow
Town Engineer
b,
review and
the public an opportunity
X
X
X
X
X
comment on the
to review and comment
Storm Water Plan
on the Storm Water Plan.
Maintain a
Maintain a volunteer
volunteer
storm water related
c.
community
program designed to
X
X
X
X
X
Civil Engineer I
involvement
promote ongoing citizen
program
partici ation.
d.
Maintain a
Maintain a citizen's
Citizens
advisory panel to
Advisory Panel
review the Storm
Water Plan, to review
X
X
X
X
X
Town Engineer
the Annual Report, and
to advise the Town
Indian Trail Engineering Department Comprehensive StGrm Water Management Program
August, 2010 Town of Indian Trail, North Carolina
t1

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Table 7-2. 13MPs and Measurable Goals' for WQSF2 — Public Involvement and
Partici ation Minimum Measure 2
B1MP
Measurable Goals
YR
YR
YR
YR
YR
Responsible Staff `
1
2
3
4
5
Position
CoLmcil/ Town
Manager on the Storm
Water Plan,
7.2.2 Target Audience
The target audience of the Public Involvement and Participation Program is comprehensive in that any
and all citizens and business owners of Indian Trail are encouraged to become involved in stonnwater
related activities and programs.
7.2.3 Participation Program
A Storm Water Advisory Committee (SWAG} was formed in January 2007 and has been meeting
monthly since that time. Staff is currently engaging the public to help form the first local Adopt -a -Stream
group.
7.2A Decision Process
The recommended approach for public involvement and participation has been used widely in other
municipalities within North and South Carolina and has been proven as an effective and efficient way to
meet the requirements of the measure.
7.2.5 Evaluation
The Annual Report will help determine if the goals are being effectively met and if the 13MPs are still the
best choice to attain the overall objective. Any needed changes should be proposed in the Annual Report.
7.3 WQSE3 — Illicit Discharge Detection and Elimination (Minimum Measure 3)
The objectives for WQSE3 are:
• Detect and eliminate illicit discharges, including spills and illegal dumping;
• Address significant contributors of pollutants to the MS4;
• Implement appropriate enforcement procedures and actions;
• Maintain and update the storm sewer system map that shows all closed storm drain system
components, outfalls, and waters receiving discharges; and,
• Inform "Town employees, businesses and the general public of hazards associated with illegal
discharges and improper disposal of waste.
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina
12

•
•
0
7.3.1 BMP Summary Table
The required and recommended 13MPs and corresponding measurable goals necessary to achieve the
objectives of WQSE4 are described in Table 7-3. The implementation schedule for each item, as required
by the Town of Indian Trail's NPDES MS4 Permit, and the responsible staff position for each BMP are
also indicated in the table.
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina
13

•
•
•
Table 7-3. BMI's and Measurable Goals for WQSE3 — Illicit Discharge Detection
and Elimination Pro ram Minimum Measure 3
nMIE'
1VIcasurablc Coals
YR
YR
YR
YR
YR
Responsible
1
2
3
4
5
Staff Position
a.
Implement
Implement an Illicit Discharge
an Illicit
Detection and Elimination
X
X
X
X
X
'Town Engineer
Discharge
Program (IDDEP).
Pro tram
b.
Maintain
Maintain an Illicit Discharge
appropriate
Ordinance to prohibit illicit
X
X
X
X
X
'Town Engineer
legal
discharges and enforce the
authorities
approved IDDEP.
c.
Maintain
The existing inventory map
and update
identifies all closed storm drain
the storm
system components and outfall
X
X
X
X
X
Civil Engineer I
sewer
locations.
systern base
ma)
d.
Implement
Use system inventory/ mapping
illicit
data to conduct inspections to
discharge
detect dry weather flow at system
detection
outlalls. lmplement procedures for
procedures.
identification of priority areas
X
X
X
X
X
Civil Engineer
likely to have illicit discharges.
Follow suspected sources through
the system. Identify and eliminate
as inany as possible.
e.
Conduct
Using seminars, and other specific
employee
training methods, municipal staff
cross-
will be taught methods for
training
recognizing illicit discharge and
illegal connections, as well as
X
X
X
X
X
Town Engineer
appropriate measures to take upon
discovery. Records will be
maintained on number of
employees trained and the training
frequency.
f.
Provide
Inform public employees,
public
businesses, and the general public
education
of hazards associated with illegal
X
X
X
X
X
Civil Engineer
discharges and improper disposal
of waste.
g.
Maintain a
Maintain a reporting mechanism
public
for the public to report illicit
X
X
X
X
X
Civil Engineer I
reporting
discharges.
mechanism
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina
14

• 7.3.2 Storm Sewer System Map
A digital storm sewer system map was prepared which shows all closed storm drain system components
and outfalls from the MS4 and their associated receiving waters. The mapping includes drainage areas
and receiving streams. Currently, the Town of Indian Trail has approximately 75 miles of open channels,
35 miles of FEMA Flood Zones, 10 miles of 303(d) listed streams, 6600 drainage structures, and 100
miles of closed storm drain pipe of varying materials.
7.3.3 Regulatory Mechanism
Illicit discharge prohibition provisions are included in the Storm Water Utility Ordinance adopted by the
Town of Indian Trail in June 2007. The ordinance was amended in 2010 to provide authority to
implement all components of the IDDEP. A copy of the Storm Water Utility Ordinance is included in
Appendix 1-I.
7.3.4 Enforcement
In 2010, the Storm Water Utility Ordinance was revised to provide for enforcement actions to be taken for
illicit discharge violations, including levying penalties against offenders and providing compensatory
measures to the "Town should intervention and removal of the discharge become necessary. The
enforcement methodology involves notification of the property owner, establishing a reasonable
timeframe in which to address the occurrence, and issuance of notices of'violation and fines.
7.3.5 Detection and Elimination
• -I'hc approach to detect and eliminate illicit discharges starts with a general evaluation of the storm sewer
system. The evaluations will primarily be dry outfall mapping (greater than 72 hours without rainfall),
conducted during prolonged dry periods (typically during the summer months over the permit cycle). A
complete evaluation process is accomplished by subdividing the 'Town into sections to conduct dry
weather screening.
Procedures for Identify Priority riority Areas
In general, three procedures are used to identify priority areas. They include: dry weather evaluation of
storm sewer outfalls system, existing land use and permitted businesses types, and citizen involvement
through phone calls, emails, or sending a request for service through the Town's website.
Procedures for "Tracing the Source
Upon discovery of dry weather flow, survey staff documents the location and attempts to follow the flow
upstream and through the system to its source. Several different methods can be used to identify illicit
connections including smoke testing and camera scoping, as available. Once a discharge source is
detected, the property owner will be notified of the corrective action required.
Procedures for Removing Source
Discovered sources are documented and the property owner notified of the necessary remedial measures
and timeframe in which to complete them. In the case of sanitary sewer discharge, the Union County
Health Department is notified.
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina
15

• 7.3.6 Non -Storm Water Discharges
The following categories of non -storm water flows will be considered and treated as illicit discharges if
they are determined to be significant contributors of pollutants to the Town of Indian Trail's MS4:
• Water line flushing
• Landscape irrigation
• Diverted stream flows
• Rising ground waters
• Uncontaminated ground water infiltration (as defined at 40 CFR §35.2005(20))
• Uncontaminated pumped ground water
• Discharges from potable water sources
• Foundation drains
• Air conditioning condensation
• Irrigation water
• Springs
• Water from crawl space pumps
• Footing drains
• Lawn watering
• Individual residential car washing
• Flows from riparian habitats and wetlands
• Dechlorinated swimming pool discharges
• Street wash water
• • Concrete washout at land development sites
Other incidental non -storm water discharge such as occasional, non-commercial car washing (e.g. charity
events, churches, etc.) will be addressed. Limitations on the frequency of events (estimated three times
per year) and location (prohibited within critical watershed areas) are managed through Special Use
Permits.
7.3.7 Outreach
A major constituent is to continue to inform the public about the hazards of illicit discharge and illegal
dumping through the methods discussed in the Public Education component. A significant focus of the
Education Program is creating an awareness of the direct relationship between the MS4 and the local
streams. This information has been integrated into the training programs that have been developed.
7.3.8 Staff Training
Provide annual training in detecting and reporting illicit discharge through workshops, webinars,
seminars, and training videos. Field trip will be provided as opportunities become available.
7.3.9 Evaluation
The Annual Report will help determine if the goals are being effectively met and if the I3MPs are still the
best choice to attain the overall objective. Any needed changes should be proposed in the Annual Report.
In addition, miles of system screened, the number of illicit discharges detected, notifications issued and
connections eliminated will measure the effectiveness of the program.
i
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina
16

•
7.4 WQSE4 — Construction Site Storm Water Runoff Control (Minimum Measure 4)
The objectives for WQSE4 are:
Reduce pollutants in storm water runoff from construction activities disturbing one or more acres
of land surface and those activities less than one acre that are a part of a larger common plan of
development;
Provide procedures for public input, sanctions to ensure compliance, requirements for
construction site operators to implement appropriate erosion and sediment control practices, for
review of site plans which incorporates consideration of potential water quality impacts, and
procedures for site inspection and enforcement of control measures; and,
Establish requirements for construction site operators to control waste such as discarded building
materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that
may have adverse impacts to water quality.
7.4.1 BMP Summary Table
The required and recommended BMPs and corresponding measurable goals necessary to achieve the
objectives of WQSE4 are described in Table 7-4. The implementation schedule for each item, as required
by the Town of Indian Trail's NPDES MS4 Permit, and the responsible staff position for each BMP are
also indicated in the table.
Table 7-4. BMPs and Measurable Goals for WQSE4 — Construction Site Storm
Water Runoff Control Minimum Measure 4
Item
Measurable Goals
YR
YR
YR
YR
YR
Responsible
1
2
3
4
5
Staff Position
a.
Implement a
The Town will rely on NCDENR-
construction
DLR Sediment and Erosion Control
site runoff
Program to comply with all of the
control
objectives of this service element.
NCDENR-
program
Planning Department will not issue
X
X
X
X
X
Dl-R/ Town
Land Disturbance Permits without
Engineer
NCDENR permit. Plan reviews and
inspections will be performed by
the Engineering Department.
b.
Notification
Maintain and promote a means for
procedure for
the public to notify the appropriate
erosion and
authorities of observed erosion and
sedimentation
sedimentation problers. "I'his
X
X
X
X
X
Town Engineer
problems.
includes the promotion of the
NCDENR-DLR's "Stop Mud"
hotline to meet the requirements.
7.4.2 Regulatory Mechanism
The Town of Indian Trail will mainly rely on the NCDENR Division of Land Resources' (DLR)
Sediment and Erosion Control Program and the North Carolina Construction General Permit to comply
with all of the objectives of this service element.
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina
17

7.4.3 Plan Reviews
The Planning Department will not issue Land Disturbance Permits without a NCDENR permit. Plan
reviews and inspections will be performed by the Engineering Department. Until the recent downturn in
the economy and slowdown in land development projects, approximately 30 Land Disturbance permits
covering a total of 15 acres are issued by the Town of Indian Trail each year,
7.4.4 Enforcement
The Town of Indian 'frail will rely on the NCDENR for sediment and erosion control plan review,
construction site inspection, and enforcement.
7.4.5 Inspections
The Town of Indian "frail will rely on the NCDENR for construction site inspection and enforcement The
']'own will assist the NCDENR by conducting periodic construction site visits and will report violations to
the appropriate department within NCDENR.
7.4.6 Public Information
The Town provides and promotes a means for the public to notify the appropriate authorities of observed
erosion and sedimentation problems through a 24-11our hotline at 704-821-1118. NCDENR-DI,R's "I-
800-StopMud" hotline is also available.
• 7.4.7 Evaluation
The Annual Report will help determine if the goals are being effectively mct and if the BMPs are still the
best choice to attain the overall objective. Any needed changes should be proposed in the Annual Report.
•
7.5 WQSE5 - Post -Construction Stormwater Management in New Development and
Redevelopment (Minimum Measure 5)
The objectives of WQSE5 are:
Manage storm water runoff from new development and redevelopment that drains to the MS4 and
disturbs an acre or more of land surface, including projects less than an acre that are part of a
larger common plan of development or sale;
Provide a mechanism to require long-term operation and maintenance of BM Ps; and,
Ensm-e controls are in place to nririirnize water quality impacts.
7.5.1 BMP Summary Table
The required and recommended BMPs and corresponding measurable goals necessary to achieve the
objectives of WQSE5 are described in "fable 7-5. The implementation schedule for each item, as required
by the Town of Indian Trail's NPDLS MS4 Permit, and the responsible staff position for each BMP are
also indicated in the table.
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina
18

Ll
0
0
Table 7-5. BMPs and Measurable Goals for WQSES - Post -Construction
Stormwater Management in New Development and Redevelopment
Minimum Measure 5
BMP
Measurable Goals
YR
YR
YR
YR
YR
Responsible
1
2
3
4
5
Staff Position
a.
Maintain the
The Town of Indian Trail
Post-
adopted a Post -Construction
Construction
Ordinance on September 11,
Site Runoff
2007. This ordinance requires
X
X
X
X
X
Town Engineer
Controls
controls to be put in place that
Program
will prevent or minimize water
qUality im acts.
b.
Establish
1. Maintain the Post -
strategies
Construction Storm Water
which
Permitting Program, per the
include
adopted Post -Construction
BMPs
Ordinance, that establishes a
appropriate
permitting and plan review
for the MS4.
process for post -construction
storm water quality control. This
program requires a combination
of structural and non-structural
X
X
X
X
X
Civil Engineer
BMPs.
2. Educate the development
community on the requirements
of the program through the
public education program. Track
number of developers reached,
storm water plans reviewed and
permits issued. Report annually
wi program progress.
c.
Maintain the
Maintain the program that
mechanism
ensures adequate long-term
to require
operation and maintenance of
long-term
structural BMPs. The program
operation
requires annual inspections (by a
and
qualified professional) and
maintenance
certification of permitted
of structural
structural BMPs. The program
BMPs.
addresses yearly inspection
X
X
X
X
X
Civil Engineer- I
controls and procedures to be
followed, and penalty and
corrective actions measures.
Track number of BMPs certified,
and notifications and corrective
action fines issued. Report
annually on program progress.
d.
Maintain the
The Town will establish a Septic
Septic
System Oversight Program to
X
X
X
X
X
Civil Engineer
System
control the sources of fecal
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina
19

El
Table 7-5. BMPs and Measurable Goals for WQSE5 — Post -Construction
Stormwater Managemeint in New Development and Redevelopment
Minimum Measure 5
13M]'
Measurable Goals
YR
YR
YR
YW
YR
Responsible
t
2
3
4
5
Staff Position
Oversight
coliform to the maximum extent
Program
practicable (MCP). I'his program
will inform developers and the
public about the proper operation
and maintenance of onsite
wastewater treatment systems for
domestic wastewater. `Phis
Program will be coordinated with
the Union County Health
Department. The number and
frequency of messages circulated
will be tracked.
7.5.2 Storm Water Management Options
The Town of Indian 1'rail's Post -Construction Storm Water Permitting Program requires all development
or redevelopment projects within the Town's jurisdictional area that are not subject to post -construction
storm water management provisions of another existing state storm water management program (e.g., Site
isSpecific Water Quality Management Plan for the Goose Creek Watershed) to apply for and obtain a Town
issued permit as either a low density project or a high density project according to the following criteria:
0
• Low Density Projects: 1rojects shall be permitted as low density if the project meets the following
conditions:
1. No more than 2 dwelling units per acre or 24 percent built -upon area (13UA) for all
residential and non-residential development;
11. Storm water runoff from the development shall be transported from the development by
vegetated conveyances to the maximum extent practicable;
Ill. All 13UA shall be at a minimum of 30 feet landward of all perennial and intermittent
surface waters;
IV. The permit shall require recorded deed restrictions and protective covenants to ensure
that development activities maintain the development consistent with the approved
project plans. 'fhe changes in deed restrictions and protective covenants will supercede
all existing restrictions and covenants.
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina
20

• Hilt Density Projects: Projects exceeding the low density threshold shall implement storm water
control measures that:
1. Stormwater quality treatment systems shall treat the runoff generated from the first inch
of rainfall;
II. Control and treat the difference in storm water runoff volume leaving the project site
between the pre and post -development conditions for the I year 24 hour storm. Runoff
volume drawdown time shall be a minimum of 24 hours but no more than 120 hours;
II[. All structural storm water treatment systems used to meet the requirements of the
program shall be designed to have an 85% average annual removal for Total Suspended
Solids;
IV. General Engineering Design Criteria for all projects shall be in accordance with 15A
NCAC 2H .1008(c);
V. All 13UA shall be at a minimum of 30 feet landward of all perennial and intermittent
surlirce waters;
VI. Peak control shall be installed to control the 1, 2, 10, 25, 50 and 100-year, 24-hour storm
events. '['he emergency overflow and outlet works for any pond or wetland constructed
as a storm water 13M1' shall be capable of safely passing a discharge with a minimum
recurrence frequency as specified in the Design Manual. For detention basins, the
temporary storage capacity shall be restored within 72 hours. Requirements of the Dam
Safety Act shall be mct when applicable.
VI 1. The permit shall require recorded deed restrictions and protective covenants to ensure
that development activities maintain the development consistent with the approved
4 project plans. The changes in deed restrictions and protective covenants will supercede
all existing restrictions and covenants.
0
7.5.3 Non -Structural BMPs
The Town's land development process, Post -Construction Storm Water Permitting program, and North
Carolina's Site Specific Water Quality Management Plan for the Goose Creek Watershed allow For non-
structural 13MPs where appropriate in that they include:
• Policies and ordinances that provide requirements and standards to direct growth to identified
areas, protect sensitive areas such as wetlands and riparian areas, maintain or increase open space
(including a dedicated funding source for open space acquisition), provide buffers along sensitive
water bodies, minimize impervious surfaces, and minimize disturbance ol'soils and vegetation;
• Policies or ordinances that encourage infill development in higher density urban areas, and areas
with existing storm sewer infrastructure;
• Education programs for developers and the public about project designs that minimize water
quality impacts; arid,
• Other measures such as minimization of the percentage of impervious area after development, use
of measures to minimize directly connected impervious areas, and source control measures often
thought of as good housekeeping, preventive maintenance and spill prevention.
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina
21

7.5.4 Structural BMPs
The Post -Construction Storm Water Permitting Program, through the NCDWQ Stormwater BMP Manual
describes approved structural BMPs including but not lirnited to:
• Storage practices such as wet ponds and extended -detention outlet structures; and,
• Filtration practices such as grassed swales, bioretention cells, sand filters and filter strips;
7.5.5 Regulatory Mechanism
The Town of Indian "frail adopted a Post -Construction Ordinance on September 11, 2007. A copy of this
Ordinance is included in Appendix I. This ordinance requires controls to be put in place that will prevent
or minimize water quality impacts from new developments and re -development projects that disturb
greater than or equal to one acre, including projects less than one acre that are part of a larger common
plan of development or sale, that discharge into the MS4.
7.5.6 Operation and Maintenance
The Town of Indian Trail requires annual inspection (by a qualified professional) and certification of'
permitted structural BMPs. The program should address yearly inspection controls and procedures to be
followed and penalty and corrective actions measures. The nurribcr of BMPs certilied are tracked, and
notifications and corrective action fines issued. Report annually on program progress.
1.5.7 Evaluation
The Annual Report will help determine if the goals are being effectively met and if the BMPs are still the
best choice to attain the overall objective. Any needed changes should be proposed in the Annual Report,
7.6 WQSE6 - Pollution Prevention and Good Housekeeping Measures for Municipal
Operations (Minimum Measure 6)
The objective of WQSE6 is to develop and implement a Pollution Prevention (112) and Good
Housekeeping Plan for municipal operations that addresses operation and maintenance, including a
training component on pollution prevention measures and techniques.
7.6.1 BMP Summary Table
The required and recommended BMPs and corresponding measurable goals necessary to achieve the
objectives of WQSE6 are described in Table 7-6. The implementation schedule for each item, as required
by the Town of Indian Trail's NPDES MS4 Permit, and the responsible staff position for each BMP are
also indicated in the table.
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina
22

0
0
.Table 7-6. BMPs and Measurable Goals for WQSEG -- Pollution Prevention and Good
Housekeeping Measures Minimum Measure 6
BMP
Measurable Goals
YR
YR
YR
YR
YR
Responsible
1
2
3
4
S
P. Staff Position
a.
Maintain the
Maintain the industrial facilities and
Town
operations owned by the Town with the
owned
potential for generating polluted storm
industrial
water runoff including the MS4,
X
X
X
X
X
J
Civil l^ngineer
facility
structural BMPs, vehicle storage and
inventory
maintenance facilities, vehicle washing
and fueling facilities, and material
stora 7c facilities.
b.
Maintain the
Maintain the P2 and Good
P2 and
Housekeeping Plan for municipal
Good
operations and maintenance to preventi
Flousekeep-
or reduce pollutant runoff from the
ing Plan
municipal operations. Recognize
existing Town policies and practices
that impact water quality and
systematically address each. The
X
X
X
X
X
Town Engineer
deficiencies in these policies will be
noted and incorporated into the BMPs.
Important factors to consider are the
requirement of employee training,
Standard Operating Procedures and
documenting current functions of
municipal operations that have impact
on water quality.
C.
Inspection
Inspect potential sources of polluted
and
runoff, the storm water controls and
evaluation
conveyance systems of all facilities
of facilities
identified in the inventory. Evaluate the
X
X
X
X
X
Civil Engineer
sources, document deficiencies, plan
corrective actions, and document the
accomplishment of corrective actions in
the Annual Report.
d.
Conduct
Conduct staff training specific for P2
staff training
and good housekeeping procedures at
their facilities and within their job
responsibilities. Maintain annual
X
X
X
X
X
Town Engineer
training seminars and report on number
of employees trained and subjects
covered.
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina
23

7.6.2 Affected Operations
The Town of Indian Trail does not have any facilities that require NPDES Industrial Facility permits. The
only operation affected by this minimum measure is sewer system maintenance.
7.6.3 Training
Training will be provided to Town employees involved in storm sewer maintenance. Informational
materials available from the State will be used to inform Town employees about storm water, how to
report violations and good housekeeping measures for mEmicipal operations. Training may also be
available from such resources as a local or regional hazardous spill response team, or the fire department.
7.6.4 Maintenance and Inspections
To reduce pollutants in the MS4, discuss P2 during maintenance and inspections.
7.6.5 Vehicular Operations
Discuss vehicle operations P2 related to storm sewer maintenance prograrn.
7.6.6 Waste Disposal
All waste collected from the storm sewer system shall be deposited in dumpsters, and collected and
hauled by a contracted waste disposal service to an appropriate landfill.
O7.6.7 Flood Management Projects
0
The '['own of Indian Trail currently institutes development standards to prohibit building; in flood -prone
areas. The 'Town's program coordinates with the Federal Emergency Management Association on flood
control measures. The Town's restrictive Flood Damage Reduction Ordinance and the Post -Construction
Ordinance ensures that new flood management projects are assessed for impacts on water quality and
existing projects are assessed for incorporation of additional water quality protection devices or practices.
7.6.8 Existing Ordinances
Existing; ordinances and programs should be reviewed for possible modification to address storm water
issues.
7.6.9 Decision Process
`file recommended approach for P2 and Good Housekeeping measures has been used widely throughout
North Carolina and has been proven as an effective and efficient way to meet the requirements of the
measure.
7.6.10 Evaluation
The Annual Report will help determine if the goals are being effectively met and if the BMPs are still the
best choice to attain the overall objective. Any needed changes should be proposed in the Annual Report.
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina
24

O
7.7 WQSE7 - Maintain TMDL Water Quality Recovery Program
The Town of Indian Trail is required to perform certain activities within its jurisdiction as required by
Mecklenburg County, North Carolina's Water Quality Recovery Program for the Goose Creek
Watershed. The TMDL, on Goose Creek is for fecal coliform. The required activities include stream walks
of all perennial and intermittent streams within the Town's jurisdiction as well as wet weather fecal
coliform sarpling and associated reporting. The Town has entered into an agreement with Mecklenburg
County, dated May 15, 2007, for Mecklenburg; County to perform these services for the Town. The
contract period for these services is on -going.
The required service items and corresponding measurable goals necessary to achieve the objectives of
WQSE7 are described in Table 7-7. The implementation schedule for each item, as required by the Town
of Indian Trail's NPDES MS4 Permit, and the responsible staff position for each BMP are also indicated
in the table.
Table 7-7. Service Items and Measurable Goals for WQSE7 — Maintain TMDL
Water Quality Recover , Pro ram
Iteni
Measurable Goals
YR
YR
YR .
YR
YR
'Responsible
1
2
3'
4
5
Position/Party
a.
Stream
Perform stream walks of all
Contracted to
walks
perennial and intermittent streams
Mecklenburg;
Within the tOwn's jurisdiction.
X
X
X
X
X
County/ Town
En pincer
b.
Wet
Conduct wet weather sampling for
Contracted to
weather
fecal coliform and associated
Mecklenburg
sampling
reporting.
X
X
X
X
X
County/ Town
En grocer
Indian Trail Engineering Department Comprehensive Storm Water Management Program
August, 2010 Town of Indian Trail, North Carolina
25

0
WDENK
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael l=, Easley, Governor
November 2, 2005
John Munn
Town Manager, Indian Trail
P.O. Box 2430
Indian TraiI North Carolina 28079
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Subject: NPDES Permit Number NCS00O453
Union County, Town of Indian Trail
2❑d letter, revised addressee
Dear Mr. Munn;
In accordance with your application fora stormwater discharge permit received on
March 28,-200, and as amended, we are forwarding herewith the subject state - NPDES
permit. This permit is issued pursuant to the requirements of North Carolina General Statute
143-215 .1 and the Memorandum of Agreement between North Carolina and the US
Environmental Protection agency dated May 9, :994 (or as subsequently amended).
Numerous comments were received during the public comment period. The attached
document summarizes comments regarded by DWQ as the foremost and DWQ's response to
those comments. You may review all the comments and response to comments at:
htt://h2o.enr.state.iic.tistsu/NPDES Phase H Stolmwater Pro ram.htm
Pursuant to Part 11, Section A of the subject permit, municipalities shall incorporate in
their Stormwater Plan site -specific stormwater management requirements for streams
supporting federally -listed threatened and endangered aquatic animal species required by
site -specific management plans and schedules developed under provisions of 15A NCAC 2B
.0110. Certain waters provide habitat for federally -listed aquatic animal species that are
listed as threatened or endangered by the U.S. Fish and Wildlife Service or National Marine
Fisheries Service under tite provisions of the Endangered Species Act, 16 U.S.C. 1531-1544
and subsequent modifications. Maintenance and recovery of the water quality conditions,
required to sustain and recover federally listed threatened and endangered aquatic animal
species, contributes to the support and: maintenance of a balanced and indigenous community
of aquatic organisms and thereby protects the biological integrity of the waters.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 N. Salisbury SI., Raialgh, Noah Carolina 27604
Phone: [phone] FAX: [phone]Intemel: h2o.enr,stalom.us
An Equal Opportunity/Affirmative Action Employar -- 50% rlecyclOdf1O% post Consumer Paper
No�thCarohna
NatuI'vCCy

As a result of comments received during the comment period, DWQ revised the
TMDL language for communities that are or may be subject to TMDLs during the term of
their permit. The revisions were editorial in nature and necessary to clarify the additional
requirements a community would be subject to if 1) the permitted MS4 is or becomes subject
to an approved TMDL, and 2) following notice of such by the Division.
If any parts contained in this permit are unacceptable to you, you have the right to an
adjudicatory hearing upon written request within thirty (30) days following receipt of this
letter. This request must be in the form of a written petition, conforming to Chapter 150B of
the North Carolina General Statutes, and filed with the Office of Administrative Hearings,
Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is
made, this decision shall be final and binding.
This permit does not affect the legal requirements to obtain other permits which may
be required by the Division of Lnvironmental Management or permits required by the
Division of Land Resources, Coastal Area Management Act or any other state, federal or
local governmental permit that may be required.
If you have any questions concerning this permit, please contact Ken Pickle at
telephone number 919/733-5093 ext, 584.
cc: Mike Mitchell, EPA Region IV
DWQ Central Files
Stormwater Permitting Unit Piles
DWQ Mooresville Regional Office
0
Sincerely,
Alan W. Klimek, P.E.

it N
RUM
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ros ;'Jr--., Secretary
Coleen H. Sullins, Director
Sandy Moore, Mayor
Town of Indian Trail
POB 2430
Indian Trail, North Carolina 28079
Dear Ms. Moore:
June 7, 2007 JUN 1 c 2007
f.r rr' . ^c-A— rn
Subject: NPDES Permit Number NCS000453
Town of Indian Trail
In accordance with the Environmental Management Commission's (EMC) Final
Agency Decision of March 7, 2007, the Division is forwarding herewith your revised
NPDES Phase II stormwater permit, number NCS000453. The revised permit includes
new provisions for the Goose Greek watershed, in accordance with the agency decision.
Persons wishing to comment were Invited to submit their comments in writing to
DWQ no later than May 4, 2007, All comments received prior to that date were
considered In the final determination regarding permit issuance.
Our office received comments recommending more stringent stormwater controls,
and other comments recommending less stringent stormwater controls.' Our office also
received numerous letters requesting a hearing on the permit requirements for the Goose
Creek watershed. The Goose Creek watershed area has been under significant review
over the last few years related to the protection of areas that support a Federally listed
and endangered species - the Carolina heelsplitter mussel. Further, Goose Creek is
subject to an EPA approved TMDL for fecal coliform. In 2005, federally mandated
stormwater discharge permits were issued for a number of local governments in the
Goose Creek watershed. Environmental interest groups challenged the permits to three
communities in the watershed and contended that they were not protective of the
Carolina heelsplitter or its habitat. In review of this challenge an Administrative Law
Judge and the EMC have set specific management strategies to be implemented in the
Goose Creek watershed while a Site Specific Management Strategy is under
development.
0 Mail Service Center, Raleigh, North Carolina 27699-1617
N. Salisbury Si,, Raleigh, North Carolina 27604
hone: 919-733-7015 / FAX: [phone] / Inlernel: h2o,enr.slale.nc.us
Nor thCarolina
n Equal Opportunity/Affirmalive Action Employer — 50% Recycled/10% Post Consumer Paper

Ms. Sandy Moore, Mayor
Page 2 of Z
)une 7, 2007
10
The EMC is currently reviewing this site -specific strategy for protection of the
species and its habitat in the Goose Creek watershed area. The development of this
Strategy is in accordance with the EMC's rules and is itself a rulemaking procedure, The
Site -Specific Management Strategy process will include a public comment period,
including a public hearing in the watershed area. Because this process is under way and
will result in a comprehensive strategy for the long-term protection ultimately required in
the watershed, we feel that this Is the appropriate venue for a public hearing on the
issues of concern in the watershed area.
Copies of the Final Agency Decision and public comments are available by
contacting:
Ken Pickle
NC Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Telephone Number; (919)-733-5083, extension 584
Ken,[e-mail]
The revisions do not change the effective date of the original issuance. If your
staff should have any questions about these revisions, please contact Ken Pickle.
cc:
North Carolina Wildlife Resources Commission
Peter J. McGrath Jr., Moore & Van Alien PLLC
DWQ Central Files
Stormwater Permitting Unit file NCS000453
DWQ Mooresville Regional Office
0
Sincerely,
41 P_'4 e_� /0:"
Coleen H. Sullins, Director

STA17 of NORTH CAROLINA.
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000453
TO DISCHARGE STORIY INIATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the regulations promulgated and adopted by the North Carolina
Environmental Management Commission, and the Federal Water Pollution Control Act, as
amended,
-Town of Indian Trail
is hereby authorized to discharge stop-nwater from their municipal separate storm sewer system
located:
within the Town of Indian Trail Jurisdictional Area
Union County
to receiving waters Crooked Creek, North Fork Crooked Creek, South Fork Crooked Creek,
Davis Mine Creek, Goose Creek, Price Mill Creek, West Fork Twelvemile Creek, and unnamed
tributaries to them, all within the Catawba River and Yadkin -Pee Dee River basins in accordance
with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I,
II, III, IV, V, VI, VIi, and VIII hereof.
This permit is effective October 1, 2005, and as amended on June-7, 2007.
This permit and the authorization to discharge shall expire at midnight 'on September 30, 2010.
Signed this day June 7, 2007.
0
Coleen H. Sullins, Director
Division of Water Quality
By the Authority of the Envirorunental Management Commission

•
NCS000453
TABLE OF CONTENTS
PART I PERMIT COVERAGE
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
SECTION B: PUBLIC EDUCATION AND OUTREACH
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
SL<'CTION E: CONSTRUCTION SITE RUNOFF CONTROLS
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
PART III PROGRAM ASSESSMENT
• PART 1V REPORTING AND RECORD KEEPING REQUIREMENTS
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
SECTION C: MONITORING AND RECORDS
PART VI LIMITATIONS REOPENER
PART VIi ADMIMSTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIII DEFINITIONS
0

•
NCS000453
PART I PERMIT COVERAGE
1. During the period beginning on the effective date of the pen -nit and lasting until
expiration, the Town of Indian Trail is authorized to discharge stonmvater from the
municipal separate storm sewer system (MS4) to receiving waters, Crooked Creek, North
Fork Crooked Creek, South Fork Crooked Creek, Davis Mine Creek, Goose Creek, Price
Mill Creek, West Fork Twelvemile Creek and unnamed tributaries to them, all within the
Catawba and Yadkin -Pee Dee River basins. Such discharge will be controlled, limited
and monitored in accordance with the permittee's Comprehensive Stormwater
Management Program Report, herein referred to as the Stormwater Plan. The Stormwater
Plan includes components of the permittee's Phase Il. Municipal NPDES Stormwater
Permit Application, Comprehensive Stormwater Management Program Report, and any
approved modifications.
All discharges authorized herein shall be adequately managed in accordance with the
terms and conditions of this pennit. Any other point source discharge to surface waters
of the state is prohibited unless it is an allowable non-stormwater discharge or is covered
by another permit, authorization, or approval.
3. This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
isdecree.
4. This permit covers activities associated with the discharge of storniwater from the MS4
within the jurisdictional area of the pcnnittee and surrounding areas as described in the
approved Stormwater Plan to control potential pollution from the MS4. The permit
applies to current and fixture jurisdictional areas of the permittee, as well as areas that
seek coverage under this pennit through inter -local or other similar agreements with the
permittee. Agreements for coverage under this permit must be approved by the Division
of Water Quality, herein referred to as the Division.
The Division may deny or revoke coverage under this permit for separate entities and may
require independent permit coverage as deemed necessary. In addition, the permittee may
petition the Division to revoke or deny coverage under this permit for specific entities.
Under the authority of Section 402(p) of the Clean Water Act and implementing
regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1
and Session Law 2004-163 and in accordance with the approved Stormwater Plan, all
provisions contained and referenced in the Stormwater Plan are enforceable parts of this
permit. The permittee will develop and implement its approved Stormwater Plan in
accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the
Director, and the provisions of this permit.
7. Discharges authorized under this pen -nit shall not cause or contribute to violations of
water quality standards.
0
Part I Page 1 of 2

0 NCS000453
8. The permit authorizes the point source discharge of stor nwatcr runoff from the MS4. In
addition, discharges of non-stormwater are also authorized through the MS4 of the
permittee if such discharges are:
(a) Permitted by, and in compliance with, another NPDES discharge permit including
discharges of process and non -process wastewater, and stormwater associated
with industrial activity; or
(b) Determined to be incidental non-stormwater flows that do not significantly impact
water quality and may include:
water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters (does not include reclaimed water as described in 15A
NCAC 2H .0200);
' springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flows from emergency fire fighting.
The Division may require that non-stormwater flows of this type be controlled
by the permittee's Stormwater Plan.
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PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED
DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittee will implement, manage and oversee all provisions of its Stormwater Plan to
reduce pollutants discharged from the MS4. This includes, but is not limited to, the following
areas:
1. The permittee will develop and maintain adequate legal authorities to implement all
provisions of the StormwaterPlan. The permittee will keep the Division advised of the
status of development of appropriate ordinances and legal authorities and will pursue
these authorities in accordance with the schedule outlined in the Stormwater Plan. Any
changes to the schedule must be approved by the Director.
2. The permittee's Stormwater Plan will he implemented and managed such that the
discharge of pollutants from the MS4 is reduced to the maximum extent practicable. It is
anticipated that in order to meet this provision, implementation of the Stormwater Plan
will occur with emphasis given to priority areas and to management measures and
programs that are most effective and efficient at varying stages of the plan's
implementation.
• 3, The permittee will implement the appropriate components of the Storlltwater Plan to
assure that, to the maximum extent practicable, illicit connections, spills, and illegal
dumping into the MS4 are prohibited.
The permittee will implement provisions of the Stormwater Plan as appropriate to
monitor and assess the performance of the various management measures that are a part
of the Stormwater Plan, This will include the provisions of this permit.
5. The permittee will maintain adequate fiunding and staffing to implement and manage the
provisions of the Stormwater Plan.
The permittee will implement appropriate education, training, outreach, and public
involvement programs to support the objectives of this stortnwater discharge permit and
the Stormwater Plan.
The permittee will implement a program to reduce pollution from construction site runoff
as described in the Stormwater Plan and in accordance with this permit.
The pennittee will implement an appropriate post -construction site runoff control
program to regulate new development and redevelopment by requiring structural and non-
structural best management practices to protect water duality, to reduce pollutant loading,
and to minimize post -development impacts. This program will include provisions for
long-term operation and maintenance of BMPs.
40 Part lI Page I of 12

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9. The permittee will evaluate municipal operations and develop and implement an
appropriate program for municipal activities and ongoing operation and maintenance of
municipal facilities to reduce the potential for storniwater pollution.
10. Proposed permit modifications inust be submitted to the Director for approval.
•
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NCS000453
SECTION B: PUBLIC EDUCATION AND OUTREACH
1. Objectives for Public Education and Outreach
(a) Distribute educational materials to the community.
(b) Conduct public outreach activities,
(c) Raise public awareness on the causes and impacts of stormwater pollution.
(d) Inform the public on steps they can take to reduce or prevent star nwater
pollution.
2. BMPs for Public Education and Outreach
The permittee shall implement the following BMPs to meet the objectives of the Public
Iducation and Outreach Program and shall notify the Division prior to modification of any goals.
HMP
Measurable Coals
YR
YR
YR
YR
YR
1
2
3
4
5
(a) Establish a Public
Develop a public education program and
X
X
X
X
X
lducation and
implement within 12 months of the permit
Outreach Program
issue date. Incorporate outreach elements
for significant minority and disadvantaged
communities.
(b) informational Web Site
Develop and maintain an internet web
X
X
X
X
X
site. Post newsletter articles on
stormwater, information on water quality,
storrawater projects and activities, and
ways to contact storrnwater management
program staff..
(e) Public education
Develop general stormwater educational
X
X
X
X
X
materials for schools,
material targeting school children,
homeowners, and/or
homeowners, and/or businesses.
businesses
(d) Public education
Distribute written material through utility
X
X
X
X
X
material dissemination
mailouts, at special events, and at high
traffic businesses.
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NCS000453
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public to participate in program development and
implementation.
(b) Reach out and engage major econoinic and ethnic groups.
(c) Comply with applicable state and local public notice requirements.
2. BMPs for Public Involvement and Participation
The permittee shall implement the following BIvIPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to ruodification of any
goals.
BMP
Measurable Goals
YR
YR
YR
Ylt
YR
1
2
3
4
S
(a) Administer a Public
Conduct at least one public meeting to
X
X
X
X
X
Involvement Program
allow the public an opportunity to review
I
and comment on the Stormwater Plan.
(b) Organize a volunteer
Organize and implement a volunteer
X
x
X
X
X
conttttunity
stormwater related program designed to
involvement prograrn
promote ongoing citizen participation,
(c) Establish a Citizens
Establish a citizens advisory panel to
X
X
X
X
X
Advisory Panel
review the Stormwater Plan, to review the
annual report, and to advise the permittee
on the Stormwater Plan.
Part II Page 4 of 12

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NCS000453
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
I. Objectives for Illicit Discharge Detection and Elimination
(a) Detect and eliminate illicit discharges, including spills and illegal dumping.
(b) Address significant contributors of pollutants to the MS4. The pernlittee may
require specific controls fora category of discharges, or prohibit that discharge
completely, if one or more of these categories of sources are identified as a
significant contributor of pollutants to the MS4.
(c) hnplement appropriate enforcement procedures and actions.
(d) Develop a storm sewer system map showing all outfalls and waters receiving
discharges.
(e) Inform employees, businesses, and the general public of hazards associated with
illegal discharges and improper disposal of waste.
2. BMPs for Illicit Discharge Detection and Elimination
The perinittee shall implement the following BMPs to meet the objectives of the Illicit Discharge
Detection and Elimination Program and shall notify the Division prior to modification of any
goals.
BMP
Measurable Goals'......:.,
YR
YR
YR
YR .
YR
12
3
4
S
(a) Develop/hnplernent
Develop and implement an Illicit
X
X
X
X
X
Illicit Discharge
Discharge Detection and Elimination
Detection and
Program. Include provisions for program
Elimination Program
assessment and evaluation.
(b) Establish and
Establish and maintain adequate legal
X
x
X
maintain appropriate
authorities to prohibit illicit discharges
legal authorities
and enforce the approved Illicit Discharge
Detection and Elimination Pro ram.
(c) Develop a Storm
Complete identification, locations of, and
X
X
X
X
X
Sewer System Base
mapping of, stormwater drainage system
Map
components. At a minimum, mapping
components include outfalls, drainage
areas, and receiving streams.
(d) Implement illicit
Iinplernent an inspection program to
X
X
X
discharge detection
detect dry weather flows at system
procedures
outfalls. Establish procedures for tracing
the sources of illicit discharges and for
removing the sources. Develop procedures
for identification of priority areas likely to
have illicit discharges. Continue to update
the map of drainage system components
on a priority basis per the approved Illicit
Discharge Program.
Part II Page 5 of 12

•
•
NCS000453
BMP
Measurable Goals
YR
YR
YR
YR
YR
1
2
3
4
5
(e) Conduct employee
Conduct training for municipal staff on
X
X
X
cross -training
detecting and reporting illicit dischar es.
(f) Provide public
Inform public employees, businesses, and
X
X
X
X
X
education
the general public of hazards associated
with illegal discharges and improper
disposal of waste,
(g) Establish a public
Establish and publicize a reporting
X
X
X
X
X
reporting mechanism
mechanism for the public to report illicit
discharges.
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NCS000453
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stormwater runoff from construction activities disturbing one
or more acres of land surface and those activities less than one acre that are part of
a larger connnon plan of development.
(b) Provide procedures for public input, sanctions to ensure compliance, requirements
for construction site operators to implement appropriate erosion and sediment
control practices, for review of site plans which incorporates consideration of
potential water duality impacts, and procedures for site inspection and
enforcement of control measures.
(c) Establish requirements for construction site operators to control waste such as
discarded building materials, concrete truck washout, chemicals, litter, and
sanitary waste at the construction site that may cause adverse impacts to water
quality.
2. BMPs for Construction Site Runoff Controls
The permittee shall implement the following BMPs to meet the objectives of the Constriction
Site Runoff Controls Program and shall notify the Division prior to modification of any goals.
BMP
Measurable Goals
YR
YR
YR
YR
YR
1
2
3
4
5
(a) Implement a
Develop a regulatory mechanism and
X
X
X
X
X
program and
implement a program requiring erosion and
establish a
sediment controls at construction sites and
regulatory
providing for sanctions to ensure compliance.
mechanism for
The permittee has elected to comply by relying
erosion and
on the NCDENR Division of Land Resources
sediment control
(DLR) Erosion and Sediment Control
Program. The permittee may rely on the DLR
program only to the extent that that program
satisfies all of the following BMPs.
(b) Develop
Require construction site operators to
X
X
X
X
X
requirements on
implement erosion and sediment control BMPs
construction site
and to control construction site wastes that
operators
may cause adverse water quality impacts.
(c) Provide
New materials may be developed by the
X
X
X
X
X
educational and
permittee, or the permittee may use materials
training materials
adopted from other programs and adapted to
for construction
the pe►7nittee's construction runoff controls
site operators
prograrn.
Part H Page 7 of 12

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NCS000453
BMP
Measurable Goals
YR
YR
YR
Ylt
YR
1
2
3
4
5
(d) Institute plan
Review construction plans and establish
X
X
X
X
X
reviews
procedures that incorporate water quality
considerations in construction site plan
reviews.
(e) Establish public
Establish procedures for receipt and
X
X
X
X
X
information
consideration of erosion and sedimentation
procedures
information submitted by the public. Publicize
the procedures and contact information. The
procedures must lead directly to a site
inspection or other timely follow-up action.
(f} Establish
Establish procedures for site inspection and
X
X
X
X
X
inspection and
enforcement of control measure requircmcnts.
enforcement
The procedures should include prioritizing
procedures
areas of inspections based on local criteria.
Part It Page 8 of 12

•
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NCS000453
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development / redevelopment that drains to
the MS4 and disturbs an acre or more of land surface, including projects less than
an acre that are part of a larger common plan of development or sale.
(b) Ensure long terra operation and maintenance of BMPs.
(c) Ensure controls are in place to minimize water duality impacts.
2. BMPs for Post -Construction Site Runoff Controls
The permiticc shall implement the following BMPs to meet the objectives of the Post-
constntction Site Runoff Controls Program and shall notify the Division prior to modification of
any goals.
BMP
Measurable Goals
YR
YR
YR
YR
YR
1
2
3
4
5
(a) Establish a Post-
Develop, adopt by ordinance (or similar
X
X
X
Construction Site
regulatory mechanism), implement, and
Runoff Controls
enforce a program to address stormwater
Program (hereafter
nmoff from new development and
the Program)
redevelopment. The ordinance must be
reviewed and approved by the Director prior
to implementation. Ensure that controls are
in place to prevent or minimize water quality
impacts.
(b) Establish strategies
Develop and implement strategies that
X
X
X
which include BMPs
include a combination of structural and/or
appropriate for the
non-structural BMPs. Ensure adequate long-
MS4
term operation and maintenance of structural
DMPs. Require annual inspection reports of
permitted stnictural BMPs performed by a
qualified profiessional.
(c) Establish a program to
Control the sources of fecal coliform to the
X
X
control the sources of
maximum extent practicable. Develop and
fecal coliform to the
implement an oversight program to ensure
maximum extent
proper operation and maintenance of on -site
practicable
wastewater treatment systems for domestic
wastewater. Municipalities must coordinate
this program with the county health
de ailment.
Part 11 Page 9 of 12

• NCS000453
3. The evaluation of Post -construction Stormwater Management Program measures
(a) Those areas within the jurisdictional area of the pertnittee that are already subject
to the existing state stornwater management programs listed herein are deemed
compliant with the post -construction stormwater management model practices
identified in (b) below. The listed programs are: the Water Supply Watershed
protection programs for WS-I — WS-IV waters, the HQW and ORW waters
management strategies, the Neuse River Basin Nutrient Sensitive Waters
Management Strategy, the Tar -Pamlico River Basin Nutrient Sensitive Waters
Management Strategy, and the Randleman Lake Water Supply Watershed
program.
(b) Modcl Practices. For those areas within the jurisdictional area of the pernlittce
that are not subject to the post -construction stormwater management provisions of
another existing state stormwater management program, the permittee's Post -
construction Stornwater Management Program must equal or exceed the
stormwater management and water quality protection provided by the following
model practices.
(i) The permittee may issue a local stormwater management permit to a
development or redevelopment project as either a low density project or a
high density project.
(ii) A project may be permitted as a low density project if it meets the following
CI'ItCI'la:
(A) No more than two dwelling units per acre or 24% built -upon area;
(B) Use of vegetated conveyances to the maximum extent practicable;
(C) All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and,
(D) Deed restrictions and protective covenants are required by the
locally issued permit and incorporated by the development to
ensure that subsequent development activities maintain the
development (or redevelopment) consistent with the approved
plans.
(iii) A project not consistent with the requirements for a low density project may
be permitted as a high density project if it meets the following requirements:
(A)The stormwater control measures must control and treat the
difference between the pre -development and post -development
conditions for the 1-year 24-hour storm. Runoff volume
drawdown time must be a minimum of 24 hours, but not more than
120 hours;
(B) All structural stormwater treatment systems must be designed to
achieve 85% average annual removal of total suspended solids;
(C) Stormwater management measures must comply with the General
l nginecring Design Criteria For All Projects requirements listed in
15A NCAC 2H .1008(c);
(D) All built -upon areas are at least 30 feet landward of peremlial and
intermittent surface waters; and,
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0 NCS000453
(l) Deed restrictions and protective covenants are required by the
locally issued permit and incorporated by the development to
ensure that subsequent development activities maintain the
development (or redevelopment) consistent with the approved
plans.
(c) Watershed Protection Plans. Public bodies may develop and implement
comprehensive watershed protection plans that may be used to meet part, or all, of
the requirements for post -construction stormwater management.
(d) A regulated entity may develop its own comprehensive watershed plan, may use
the model ordinance developed by the Commission, may design its own post -
construction practices based on the Division's guidance and engineering standards
for best management practices, or it may incorporate the past -construction model
practices to satisfy, in whole or in part, the requirements for post -construction
stormwater management.
•
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•
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NCS000453
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
1.. Objective for Pollution Prevention and Good Housekeeping for Municipal
Operations
Prevent or reduce storinwater pollution from municipal operations.
2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The permittee shall implement the following BM -Ps to meet the objective of the Pollution
Prevention and Good Housekeeping Program and shall notify the Division prior to modification
of any goals.
BMP
Measurable Goals
YR
YR
YR
YR
YR
1
2
3
4
5
(a) Develop an operation
Develop an operation and maintenance
X
X
X
and maintenance
program that has the ultimate goal of
program
preventing or reducing pollutant runoff
from municipal operations.
(b) Inspection and
Develop an inventory of all facilities and
X
X
X
evaluation of facilities
operations owned and operated by the
and operations
permittee with the potential for generating
polluted storinwater runoff. Specifically
inspect the potential sources of polluted
runoff, the storinwater controls, and
conveyance systems. Evaluate the sources,
document deficiencies, plan corrective
actions, and document the
accomplishment of corrective actions.
(c) Conduct staff training
Conduct staff training specific for
X
X
X
pollution prevention and good
housekeeping procedures.
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PART III PROGRAM ASSESSMENT
1. Implementation of the Stormwater Plan will include documentation of all program
components that are being undertaken including, but not limited to, monitoring and
sampling, inspections, maintenance activities, educational programs, implementation of
BMPs, and enforcement actions. Documentation will be kept on -File by the permittee for
a period of five years and made available to the Director or his authorized representative
immediately upon request.
The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least
on an annual basis. The permittee will submit a report of this evaluation and monitoring
information to the Division on an annual basis. This information will be submitted by
[Set date two months after permit year's end] of each year and cover the previous year's
activities from [Insert start date] to [Insert end date]. The permittee's reporting will
include appropriate information to accurately describe the progress, status, and results of
the perrnittee's Stormwater Plan and will include, but is not limited to, the following
components:
(a) The permittee will give a detailed description of the status of implementation of
the Stormwater Plan. This will include information on development and
• implementation of all components of the Stormwater Plan for the past year and
schedules and plans for the year following each report.
(b) The permittee will adequately describe and justify any proposed changes to the
Stormwater Plan. This will include descriptions and supporting information for
the proposed changes and how these changes will impact the Stormwater Plan
(results, effectiveness, implementation schedule, etc.).
(c) The permittee will document any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater Plan.
In addition, any changes in the cost of, or funding for, the Stormwater Plan will be
documented.
(d) The permittee will include a summary of data accumulated as part of the
Stormwater Plan throughout the year along with an assessment of what the data
indicates in light of the Stormwater Plan.
(c) The permittee will provide information on the annual expenditures and budget
anticipated for the year following each report along with an assessment of the
continued financial support for the overall Stormwater Plan.
(� The permittee will provide a summary of activities undertaken as part of the
Stormwater Plan throughout the year. This summary will include, but is not
limited to, information on the establislunent of appropriate legal authorities,
project assessments, inspections, enforcement actions, continued inventory and
0 Part III Page 1 of 2

0 NCS000453
review of the storm sewer system, education, training, and results of the illicit
discharge detection and elimination program.
(g) The pei-nittec will provide information concerning areas of water quality
improvement or degradation. Depending on the level of implementation of the
Stormwater Plan, this information may be submitted based on pilot studies,
individual projects, or on a watershed or sub -watershed basis.
The Director may notify the permittee when the Stormwater Plan does not mect one or
more of the requirements of the permit. Within 30 days of such notice, the permittee will
submit a plan and time schedule to the Director for modifying the Stormwater flan to
meet the requirements. The Director may approve the corrective action plan, approve a
plan with modifications, or reject the proposed plan. The permittee will provide
certification in writing (in accordance with Part IV, Paragraph 2) to the Director that the
changes have been made. Nothing in this paragraph shall be construed to limit the
Director's ability to conduct enforcement actions for violations of this permit.
4, The Division may request additional repotting information as necessary to assess the
progress and results of the permittee's Stormwater Plan.
•
• Part III gage 2 of 2

•
•
NCS000453
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
Monitoring Records
The permittee shall retain records of all monitoring information, including all calibration
and maintenance records and all original chart recordings for continuous monitoring
instrumentation, and copies of all repots required by this permit for a period of at least
five years froin the date of the sample, measurement, report, or application. This period
may be extended by request of the Director at any time prior to the end of the five year
period.
2. Report Submittals
(a) Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
Department of Envirotnnent and Natural Resources
Division of Water Quality
Sto►mwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
(b) All applications, reports, or information submitted to DWQ shall be signed by a
principal executive officer, ranking elected official, or duly authorized
representative. A person is a duly authorized representative only if:
(i) The authorization is made in writing by a principal executive officer or
ranking elected official;
(ii) The authorization specifics either an individual or a position having
responsibility for the overall operation of a regulated facility or activity or
an individual or position having overall responsibility for
environmental/stor►nwater matters; and
(iii) The written authorization is submitted to the Director.
(c) Any person signing a document under paragraphs (a) or (b) of this section shall
make the following certification:
"I certify, under penalty of law, that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather- and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. l am aware that there are significant penalties for submitting false
0 Part IV Page I of 3

NCS000453
information, including the possibility of fines and imprisonment for knowing
violations."
3. Recording Results
For each measurement, sample, inspection, or maintenance activity performed or
collected pursuant to the requirements of this permit, the permittee shall record the
following information:
(a) The dates, exact place, and time of sampling, measurements, inspection, or
maintenance activity;
(b) The individual(s) who performed the sampling, measurements, inspection, or
maintenance activity;
(c) The date(s) analyses were performed;
(d) The individual(s) who performed the analyses;
(c) The analytical techniques or methods used; and
(0 The results of such analyses.
4. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes
or activities which could significantly alter the nature or quantity of pollutants discharged.
This notification requirement includes pollutants which are not specifically listed in the
permit or subject to notification requirements tinder 40 CFR Part 122.42 (a).
5. Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes
which may result in noncompliance with the permit requirements.
6. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the envirotunent. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the
circumstances, A written submission shall also be provided within 5 days of the time the
penmittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times, and if the noncompliance
has not been coiTected, the anticipated time compliance is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
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The Director may waive the written report on a case -by -case basis if the oral report has
been received within 24 hours.
7. Annual Reporting
The perinittee will submit reporting and monitoring information on an annual basis per
Part 1.11 of this permit on forms provided by the DWQ.
Additional Reporting
The Director may request reporting information on a more frequent basis as deemed
necessary either for specific portions of the permittee's Stormwater Plan, or for the entire
Program.
9. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in applying
to be covered tinder this permit or in any report to the Director, it shall promptly submit
such frets or information.
•
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NCS000453
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of permit
coverage upon renewal application.
(a) The pennittce shall comply with standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants within the time
provided in the regulations that establish these standards or prohibitions, even if
the permit has not yet been modified to incorporate the requirement.
(b) The Clean Water Act provides that any person who violates a permit condition is
subject to a civil penalty not to exceed the maximum amounts authorized by
Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act
(28 U.S.C. §246I note) as amended by the Debt Collection Improvement Act (31
U.S.C. §3701 note) (currently $27,500 per day for each violation). Any person
who negligently violates any permit condition is subject to criminal penalties of
$2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year,
or both. Any person who knowingly violates permit conditions is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for
not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penally not to exceed $11.,000 per violation
with the maximum amount not to exceed $137,500. [Ref: Section 309 of the
Federal Act 33 USC 1319 and 40 CFR 122.41(a)]
(c) Under state law, a daily civil penalty of not more than twenty-five thousand
dollars ($25,000) per violation may be assessed against any person who violates
or fails to act in accordance with the terms, conditions, or requirements of a
permit. [Ref: North Carolina General Statutes 143-215.6Aj
(d) Any person may be assessed an administrative penalty by the Administrator for
violating sections 301., 302, 306, 307, 308, 318 or 405 of this Act, or any permit
condition or limitation implementing any of such sections in a permit issued under
section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative
penalties for Class I violations are not to exceed the maxinnun amounts
authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties
Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt
Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class II violations
0 Parts V, VI, V1I & VIII Page I of 8

0 NCS000453
are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of
the Act and the federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461
note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701
note) (currently $11,000 per day for each day during which the violation
continues, with the maximum amount of any Class If penalty not to exceed
$137,500).
2. Duty to Mitigate
The perinittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit which has a reasonable likelihood of adversely affecting human
health or the environment.
3, Civil and Criminal Liability
Nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,
143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319.
Furthermore, the permittee is responsible for consequential damages, such as fish kills,
even though the responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the
permittee is or may be subject to under NCGS 143-215.75 et seq. or ,Section 311 of the
Federal Act, 33 USC 1321.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
Property, or any exclusive privileges, nor does it authorize any injury to private property
or any invasion of personal rights, nor any infringement of federal, state, or local laws or
regulations.
6. Severability
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder of this permit,
shall not be affected thereby.
OParts V, VI, VII & Vill Page 2 of 8

0
NCS000453
7. Duty to Provide Information
The permittce shall furnish to the Director, within a reasonable time, any information
which the Director may request to detennine whether cause exists for modifying,
revoking and reissuing, or terminating the coverage issued pursuant to this permit or to
determine compliance with this permit. The permittee shall also furnish to the Director
upon request, copies of records required to be kept by this permit.
8. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than tAvo years per violation, or by both. If a
conviction of a person is for a violation connnitted after a first conviction of such person
under this paragraph, punishment is a fine of not more that $20,000 per day of violations,
or by imprisonment of not more than 4 years, or both.
9. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
be maintained under this permit, including monitoring reports or reports of compliance or
40 noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
10. Permit Actions
This permit may be modified, revoked and reissued, or tertninated for cause. The
notification of planned changes or anticipated noncompliance does not stay any permit
condition.
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
1. Proper Operation and Maintenance
The pennittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are owned and/or operated by
the pennittee to achieve compliance with the conditions of this permit. Proper operation
and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision requires the operation of back-up or auxiliary
facilities or similar systems which are installed by a pennittee only when the operation is
necessary to achieve compliance with the conditions of the permit.
40 Parts V, VI, VII & VIII Page 3 of 8

0
NCS000453
Need to Halt or Reduce not a Defense -
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
SECTION C: MONITORING AND RECORDS
Representative Sampling
When required herein, stormwater samples collected and measurements taken shall be
characteristic of the volume and nature of the permitted discharge. Analytical stormwater
sampling shall be performed during a representative storin event. These samples shall be
taken on a day and time that is characteristic of the discharge. Where appropriate, all
stormwater samples shall be taken before the discharge joins or is diluted by any other
waste stream, body of water, or substance. When specified herein, monitoring points
established in this permit shall not be changed without notification to and approval of the
Director.
2. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used to ensure the accuracy and
reliability of measurements of the volume of monitored discharges.
3. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting
Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the
Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels and all data generated must be reported
down to the minimum detection or lower reporting level of the procedure.
4. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
which discharges through a municipal separate storm sewer system, an authorized
representative of a municipal operator or the separate storm sewer systetn receiving the
discharge, upon the presentation of credentials and other documents as may be required
by law, to;
(a) Enter upon the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this permit;
0 .Faits V, V1, V11 & VIII Page 4 of 8

0 NCS000453
(b) Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this permit;
(c) I.nspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this permit;
and
(d) Sample or monitor at reasonable times, for the purposes of assuring permit
compliance or as otherwise authorized by the Clean Water Act, any substances or
parameters at any location.
S. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section
308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of
this permit shall be available for public inspection at the offices of the Division of Water
Quality. As required by the Act, analytical data shall not be considered confidential.
Knowingly making any false statement on any such report may result in the imposition of
criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal
Act.
0 PART VI fAM[TATIONS RE, OPENER
The issuance of this permit does not prohibit the Director from reopening and modifying the
pen -nit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules,
and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; 'title 15A
of the North Carolina Administrative Code, Subchapter 21-I .0100; and North Carolina General
Statute 143-215.1 et. al.
PART VII ADMINISTERING AND COMPLIANCE MONITORING F14'E
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 thirty days
after being billed by the Division. Failure to pay the fee in a timely manner in accordance with
15ANCAC 2H ,0105(h)(4) may cause this Division to initiate action to revoke the permit.
eParts V, V1, VI1 & V111 Page 5 of 8

PART V1II DEFINITIONS
Act
See Clean Water Act.
NCS000453
2. Best Management Practice (BMP)
Measures or practices used to reduce the amount of pollution entering surface waters.
BMPs can be structural or non-structural and may take the form of a process, activity,
physical structure or planning (see non-structural BMP).
Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
Depart
1_.arti3�ent
Department means the North Carolina Department of Environment and Natural
Resources.
5. Division DM
The Division of Water Quality, Department of Environment and Natural Resources.
G. Director
0 The Director of the Division of Water Quality, the permit issuing authority.
7. EMC
The North Carolina Environmental Management Conmiission,
Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly
analyzed or qualitatively monitored must be taken within the first 30 minutes of
discharge.
9. Hazardous Substance
Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water
Act.
10. Illicit Discharge
Any discharge to a MS4 that is not composed entirely of stornwater except discharges
pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non-
stormwater discharges, and discharges resulting from fire -fighting activities.
I L Industrial Activi
For the purposes of this permit, industrial activities shall mean all industrial activities as
defined in 40 CFR 122.26.
OParts V, V1, V1I & V1I1 Page 6 of 8

® NCS000453
12. Municipal Separate Storm Sewer System (MS4)
Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storin drains):
(i) Owned or operated by the United States, a state, city, town, county, district,
association, or other public body (created by or pursuant to state law) having
jurisdiction over disposal of sewage, industrial wastes, storrnwater, or other
wastes, including special districts under state law such as a sewer district,
flood control district or drainage district, or similar entity, or an Indian tribe
or an authorized Indian tribal organization, or a designated and approved
management agency under Section 208 of the Clean Water Act (CWA) that
discharges to waters of the United States or waters of the State;
(ii) resigned or used for collecting or conveying stormwater;
(iii) Which is not a combined sewer; and
(iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined
in 40 CFR 122.2.
13. Non-storrnwater Discharge Categories
O The following are categories of non-stonriwater discharges that the pennittee must
address if it identifies them as significant contributors of pollutants to the storm sewer
system water line flushing, landscape irrigation, diverted stream flows, rising
groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR
352005(20)], uncontaminated pumped groundwater, discharges from potable water
sources, foundation drains, air conditioning condensation, irrigation water, springs, water
from crawl space pumps, footing drains, lawn watering, individual residential car
washing, flows from riparian habitats and wetlands, dechlorinated swimming pool
discharges, and street wash water (discharges or flows from fire fighting activities are
excluded from the definition of illicit discharge and only need to be addressed where they
are identified as significant sources of pollutants to waters of the United States).
14. Nan -structural BMP
Non-structural BMPs are preventive actions that involve management and source controls
such as: (1) Policies and ordinances that provide requirements and standards to direct
growth to identified areas, protect sensitive areas such as wetlands and riparian areas,
maintain and/or increase open space, provide buffers along sensitive water bodies,
minimize impervious surfaces, and/or rinimize disturbance of soils and vegetation; (2)
policies or ordinances that encourage infill development in higher density urban areas,
and areas with existing storm sewer infrastructure; (3) education programs for developers
and the public about minimizing water quality impacts; (4) other measures such as
minimizing the percentage of impervious area after development, use of measures to
minimize directly connected impervious areas, and source control measures often thought
of as good housekeeping, preventive maintenance, and spill prevention.
4) Parts V, VJ, VIl & VUI Page 7 of 8

0 NCS000453
15. Outfall
The point of wastewater or stormwater discharge from a discrete conveyance system. See
also point source discharge of stormwater.
16. Permittee
The owner or operator issued this permit.
17, Point Source Discharge of Stonnwater
Any discernible, confined and discrete conveyance including, but not specifically limited
to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which
stotinwater is or may be discharged to waters of the state.
18. Redevelopment
Means any rebuilding activity other than a rebuilding activity that results in no net
increase in built -upon area, and provides equal or greater stormwater control than the
previous development.
19. Representative Storm Event
A storm event that measures greater than 0,1 inches of rainfall and that is preceded by at
least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A
single storm event may contain up to 10 consecutive hours of no precipitation. For
example, if it rains for 2 hours without producing any collectable discharge, and then
O stops, a sample may be collected if a rain producing a discharge begins again within the
next 10 hours,
20. Stonnwater Runoff
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
21, Toxic. Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
OParts V, VI, VII & VTTI Page 8 of 8

/2
I Marvin
N
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Weddington
�A
Indian Trail
Town Limits
Town and surrounding municipalities
Engineering September 11, 2009
0 0.5 1 2 3
Miles
Mineral Springs
US-t!4
Mint Hill
Stallings
Lake Park
L
Legend
Pimary Limited Access or Interstate
Meck. Municp.
Hemby Bridge
(ramp)
NAME
Lake Park
Primay US and State Highway
Charlotte
Marshville
..... . ........ Secondary State and County
Cornelius
Marvin
Major Town Thoroughfares
Davidson
Mineral Springs
Minor Town Thoroughfares
Huntersville
Mint Hill
......... UC Highways
Matthews
Monroe
Railroads
Mint Hill
Stallings
Pineville
Unionville
Stallings
Waxhaw
Union Municp.
Weddington
NAME
Wesley Chapel
Fairview
Wingate
County Boundary
. .... . . ...... . ............... IT Parcels 032309
ecklenburg
Hernb� 113ridge
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Indian
Mint Hill
OAP
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Unionville
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Uni

•
STATE OF NORTH CAROLINA 0'� —1 7 — 07 {s 1 1 : 2 3 114
MECKLENBURG COUNTY
AGREEMENT
THIS AGREMMENT is made this 1$1h day of 1 Vt LX 2007, by and between the
Town of Indian.Tr•ail, a political subdivision of the State of No4li Carolina, hereinafter referred to as
"Town", and Mecklenburg County, a political subdivision of the State of North Carolina, hereinafter
refeiTed to as "County", The terms Town and County as used herein shall include their successors and
assigns.
WITNESSETH:
WHEREAS, the Project Parties wish to enter into a cooperative working agreement through this
Agreement for the purpose conducting stream walks, outfall mapping, water duality monitoring and
follow-up activities and reporting as required by the Goose Creek Water Quality Recovery Program
hereinafter referred to as "Project'; and
WHEREAS, the Project Parties realize the ultimate goal of the Agreement is to identify and
eliminate sources of fecal coliform bacteria, and map storm water outfalls discharging to Goose Creek as
outlined in the Goose Creek Water Quality Recovery Program requirements document, .
• NOW, 'THEREFORE, in consideration of the mutual covenants, terms, and conditions
hereinafter set forth, the parties hereto agree as follows:
I. PURPOSE
The purpose -of this Agreement is to sot forth the general terms and conditions and define the
roles and responsibilities of the Project Parties in the implementation of this Agreement and Project.
II. SCOPE OF SERVICES
Based on information presented in the Water Quality Monitoring Plan for the Goose Creek Watershed
Water Quality Recovery Program for Fecal Coliform Bacteria, the County proposes to conduct stream
walks of all perennial and intermittent streams within the Town's jurisdiction. During these stream walks
the County will document and inspect all storm water outfalls encountered. Furthermore, any outfalls that.
are flowing during the time of inspection will be sampled for fecal coliform bacteria. If sample results are
in excess of the action level documented in the Monitoring Plan, follow up activities will be initiated.
Results of the stream walks, sampling and follow-up activities will be communicated to the Town every 3
months. If sources of fecal coliform bacteria are pin -pointed, Town officials will be contacted
immediately for guidance on removal of the source. Also during the stream walks an outfall conveying
storm water runoff frorn a 0.25 — 0.5 acre residential site and an active development site will be identified
for monthly land -use sampling to satisfy requirements of the Goose Creek Water Quality Recovery
Program.
Tire following general actions will be, taken by the County's field crews during the stream walks:
Visual inspection of all storm water outfalls encountered
• Assessment of the condition of the outfall
Assign a unique number to the outfall
City of Charlotte/Mecklenburg County Page r or4
Memorandum of Understanding

0
- Obtain GPS coordinates
Report oulfall failures to Town staff
If the outfall has flow, a sample will be collected and analyzed for fecal coliform bacteria and other
parameters
Specific information to be gathered when a fecal coliform result exceeds the action level documented in
the Monitoring Plan:
- Follow-up samples to confirm previous results
Follow storm water infrastructure, as far upstream as is possible
- Collect additional samples
Conduct visual inspections of all suspected sources
If a source is identified, Town staff will be immediately contacted to determine the course of action.
Land -use sampling
Upon identification of the locations to be sampled, monthly grab samples during runoff events will
be collected from the outfatts.
Samples will be analyzed for fecal coliform bacteria
Results of the sampling will be reported quarterly and fnalized'in the annual report
III. REPORTING
• Information collected during the completion of activities presented in this contract will be reported to the
Town in quarterly and annual reports. When applicable, GIS layers will be delivered to the Town along
with any other clectronic data files.
is
IV, SCHEDULE
The County is currently scheduled to begin these activities during June of 2007 and anticipates
completing the stream walks and follow-up activities by September of 2007. Monthly land -use
monitoring will be on -going until the North Carolina Department of Environment and Natural Resources
approves. a suspension of land -use sampling or approved a change in the sampling interval.
V. COMPENSATION
The County will conduct the work associated with this project based upon the following cost estimates,
however the Town will be charged for actual labor, sample analysis and vehicle costs:
Jurisdiction
Stream Walk
Wet Weather
Reporting
Overall Year I
Cost
Fecal Coliform
Estimated Cost
Sampling
Indian Trail
$1,580.80
$884.16
$211.72
$2 676,68
Follow-up activities will be conducted based upon the following mileage, sample analysis and labor rates:
Charge Descri tion
Cost
Environmental
Technician -
$15.00/hour
Su ervisor and
$42.80/hour
City of Charlotte/MecMcnburg County Page 2 of 4
Memorandum of Understanding

/4
•
•
•
Sample Analysis
$17.00/sam le
mileage
I $0.42/mile
The Town will be billed for all labor (including enviromnental'technician and supervisor) as well as
sample analysis and mileage on a quarterly basis.'
VI. CONTACTS
For the Town
For the County
Katie Reeves- Associate Planner
Richard Fanner - Supervisor
Town of Indian Trail
Charlotte -Mecklenburg Storm Water Services
P.0 Box 2430
Mecklenburg County Water Quality Program
Indian Trail, NC 28079
700 North Tryon Street
704-821-5401 . -
Charlotte, NC 28202
kerCpD!hdiantrail.org
704-336-5455
Ricliarcl.Fannei]PMeeklenburgCottntyNC. ag_y
Co. Shelley Depart
srd(Dindiantrail.org
Ci(y of Charlotte/MeMenburg Comay Page 3 of 4
Memorandum of Understanding

•
IN Tl1STIMONY WHEROF, each Marty has caused this instrument to be executed in its name
by its duly authorized officials.
Town of Indian Trail
This instrument has been preaudited in the manner required by the "Local Govcminent Budget and Fiscal Control
Act".
Finance Officer-- Town of Indian Trail
MECICLENBURG COUNTY
Water & Land Resources Director
XI.'TEST
424 —`�'—
Bus' ess Manager
This instrument has been preaudited in the manner required by the "Local Government Bridget and Fiscal Control
Act",
Deputy Finance Officer - County
City of CUadott /Mecklenburg Cowly Page 4 of 4
Memorandum of Understanding

• STATE Or NORTH CAROLINA
MECKLENBURG COUNTY
AGREEMENT
TIUS AGREEMENT is made this thisl6"' day of November 2009, by and between the Town of
Indian Trail, a political subdivision of the State of North Carolina, hereinafter referred to as "Town", and
Mecklenburg County, a political subdivision of the State of North Carolina, hereinafter referred to as
"County". The terms Town and County as used herein shall include their successors and assigns.
WITNESSE TH.-
WHEREAS, the Project Parties wish to enter into a cooperative working agreement through this
Agreement for the purpose conducting water quality monitoring and reporting as required by the Goose
Creek Watcr Quality Recovery Program hereinafter referred to as "Project"; and
WHEREAS, the Project Parties realize the ultimate goal of the Agreement is to identify and
eliminate sources of fecal coliform bacteria discharging to Goose Creek as outlined in the Goose Creek
Water Quality Recovery Program requirements document.
NOW, UIEREFORE, in consideration of the mufial covenants, terms, and conditions
hereinafter set forth, the parties hereto agree as follows;
• I. PURPOSE
The purpose of this Agreement is to set forth the general terms and conditions and define the
Voles and responsibilities of the Project Parties in the implementation of this Agreement and Project.
II. SCOPE OF SERVICES
Based on information presented in the Water Quality Monitoring Plan for the Goose Creek Watershed
Water Quality Recovery Program for Fecal Colifortn Bacteria, the County proposes to conduct storm
water monitoring from an outfall conveying storm water runoff from a 0.25 — 0.5 acre residential site and
an active development site to satisfy requirements of the Goose Creek Water Quality Rccovcry Program.
Land -use sampling activities include:
— Monthly grab samples during runoff events will be collected from the outfalls.
— Samples will be analyzed for fecal coliforin bacteria
— Results of the sampling will be reported quarterly and finalized in the annual report
Unspecified Services
Any additional work not specified in this agreement that is requested by the Town and completed by the
County will be billed at the rate of $47.131hour.
9 III. REPORTING
City of Charlotte/Mecklenburg County Pngo t of 2
Memorandum of Undustnnding

•
•
Information collected during the completion of activities presented in this agreement will be reported to
the Town in quarterly and annual reports. When applicable, GIS layers will be delivered to the Town
along with any other electronic data files.
IV. SCH , DULE
The County is currently conducting monthly land -use monitoring and anticipates completing the
monitoring by June 2010. Reporting will continue until the North Carolina Department of Environment
and Natural Resources approves suspension of reporting requirements.
V. COMPENSATION
The County will conduct the work associated with this project based upon the following cost estimates,
however the Town will be charged for actual labor and sample analysis:
jurisdiction
Wet Weather
Reporting
Overall Yearly
Fecal Coliform
Estimated Cost
Sampling
Indian Trail
$1 052.34
$254.50
$1306.84
The monitoring and reporting activities cost are based on the following labor find laboratory rates:
Charge Description
Cost
Environmental
$47.13/hour
Supervisor and
Pro•ectMana cr
Sam le Anal sis
$17.00/sam le
The Town will be billed for all labor and sample analysis fees on a quarterly basis.
VI. CONTACTS
For the 'Town For the County
Scott Kauflrold-Town Engineer Richard Farmer - Supervisor
Town of iridian Trail Charlotte -Mecklenburg Storm Water Services
P.0 Box 2430 Mecklenburg County Water Quality Program
Indian Trail, NC 28079 100 North Tryon Street
104-821-5401 Charlotte, NC 28202
704-336-5455
Richard, Farnrcrcr,Mecl<lcnbur CountyNC.Roy
cc. Shelley Dehart
srd@iindiantrail.
City of ChndotteNeeklenburg County Page 2 of 2
Memorandum of Undermanding

a
. La 01 3..L"q I Lb
Us
:j
E
meprint trum mortri uarlelina
Administrative Code:
15A NCAC 2B .0600-.0609
WO

ENR — ENVIRONMENTAL MANAGEMENT T 15A: 02B .0600
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 strcamside zones to stabilize streambanks and prevent sedimentation are critical measures to restore water qualityto 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.
J
•
History Note: Authority C.S. 143-214.1; 143-215.3(a)(1); 143-215.8A;
Eff. January 1, 2009.
NORTH CAROLINA ADMINISTRATIVE CODE Lff. January 1, 2009 Page I

ENR — ENVIRONMENTAL MANAGEMENT T 15A: 0213 .0600
I5A NCAC 02S .0602 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FORTH E 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 prcdevclopment and post -development
conditions for the one-year, 24-hour storm, with structural stormwater controls, with the exception ofNC Department ofTransportation
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 flaws 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 how's, 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 ofStormwater Management Measures set forth in 15A NCAC 021-1 .1008.
(c) Local governments may submit a written request to the Commission for authority to implement and enforce the states 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
states 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
O 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 slrall 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 areas follows: Delegated local authorities shall maintain on -site records for a rnininium 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.
0
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,
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• 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)(I); 143-215.8A;
Eff. January 1, 2009.
NORTH CAROLINA ADMINISTRATIVE CODE Eff. January 1, 2009 Page 3

ENR — ENVIRONMENTAL MANAGEMENT T 15A: 02B .0G00
•
•
15A NCAC 0211.0104 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 (Las•migona decorata)
endangered mussel. For any direct or indirect discharge that may cause ammonia toxicity to the Carolina lieelsplitter 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. Fehruary 1, 2009.
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ENR — ENVIRONMENTAL MANAGEMENT T 15 A: 0213 .0600
. 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 waterbodics 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..lanuary 1, 2009.
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ENR— ENVIRONMENTAL MANAGEMENT TI5A:02B .0600
15A NCAC 02B ,1101 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 thatwill 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 States 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 Cormmission'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.
•
Ninory Note: Authority G.S. 143-214.1; 143-215.3(a)(1): 143-215.8A;
Fff. February 1, 2009.
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• 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 Rude 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 thebuffer area where itdid not exist as ofthe
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 911 required state permits prior to the effective date of this Rule;
(C) Project is being reviewed through the Clean Water Act Section 404INational 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 4041National 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.
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. (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 maybe 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 foran Authorization Certificate shall be eitherapproved or denied within 60 days ofrcccipt of 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 (0(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.
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ENR — ENVIRONMENTAL MANAGEMENT T l 5A: 02B .0600
(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 fora 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.
0) 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 bring
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.
(1) 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 .0b02 ifthe
one acre threshold is met. The following chart sets outthe 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).
•
Potentially allowable
requiring DWQ
approval or Potentially
allowable requiring
both DWQ approval
and mitigation*
Exempt
Note: the asterisk (X*)
Prohibited
identifies those uses
that require both
DWQ approval and
mitigation.
Airport facilities that impact equal to or less than 150 linear fee
or one-third of an acre of riparian buffer
X
Airport facilities that impact greater than 150 linear feet or one
X*
third of an acre of riparian buffer
Archaeological activities
X
Bridges
X
Dam maintenance activities
X
Drainage ditches, roadside ditches and stormwater outfall
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ENR — ENVIRONMENTAL MANAGEMENT T 15A: 0213 .0000
1�i
•
0
through riparian buffers:
• Existing drainage ditches, roadside ditches, and
X
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
X
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
X
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
X
same elevation as the invert of a ditch
Drainage of a pond in a natural drainage way provided that a
X
new riparian buffer that meets the diffuse flow requirements o
this Rule is established adjacent to the new channel
Driveway crossings of streams and other surface waters subject
to this Rule:
• Driveway crossings on single family residential lots
X
that disturb equal to or less than 25 linear feet in width
and are perpendicular 3
• Driveway crossings on single family residential lots
X
that disturb greater than 25 linear feet in width and are
perpcndicular3
• In a subdivision that cumulatively disturbs equal to or
X
less than 150linear feet in width and are perpendicular
• In a subdivision that cumulatively disturbs greater than
X"
150 linear feet in width and are perpendicular
Fences provided that disturbance is minimized and installation
X
does not result in removal of forest vegetation
Forest harvesting — see Rule .0608
Fertilizer application:
• One-time fertilizer application at agronomic rates to
X
establish replanted vegetation
• Ongoing fertilizer application
X
reenwa Nkin 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
X
provided that new riparian buffers that meet the diffits
flow requirements ofthis Rule are established adjacent
to the relocated channels
• Mining activities that are not covered by the Mining
X
Act OR where new riparian buffers that meet the
diffuse flow requirements of this Rule are no
established adjacent to the relocated channels
• Wastewater or mining dewatering wells with approve
NPDES permit
X*
Non -electric utility lines with impacts other than perpendicular
crossings 3
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ENR -- ENVIRONMENTAL MANAGEMENT T 15A: 0213 .0600
•
0
• if activity is within 50 feet of the stream
X*
• If activity is outside of the inner 50 feet nearest the
X
stream
• Wastewater collection system utility lines and li
X*
station lines may impact the riparian zone if both
gravity and force main collections systems are made o
ductile iron and 50% of the collection system i
cleaned annually.
• Lift Stations require Supervisory Control and Data
X*
Acquisition System (SCADA), telemetry, audio an
visual alarms, signage with emergency contact, daily
visitation (365 days/year), and documentation must b
maintained for 3 years ofall of the above and available
upon request [note: this requirement also applies to
collection system perpendicular crossings, detailed
below.
Non -electric utility line perpendicular crossing of streams and
other surface waters subject to this Rule that are not collection
systemsi:
• Perpendicular crossings that disturb equal to or less
X
than 40 linear feet of riparian buffer with
maintenance corridor equal to or less than 10 feet i
width
• Perpendicular crossings that disturb equal to or less
X
than 40 linear feet of riparian buffer with a
maintenance corridor greater than 10 feet in width
• Perpendicular crossings that disturb greater than 40
X
linear feet but equal to or less than 150 linear feet o
riparian buffer with a maintenance corridor equal to or
less than 10 feet in width
• Perpendicular crossings that disturb greater than 40
X*
linear feet but equal to or less than 150 linear feet o
riparian buffer with a maintenance corridor greater than
10 feet in width
• Perpendicular crossings that disturb greater than 150
X*
linear feet of riparian buffer
Mon -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 t
minimize the sediment, nutrient and other pollution
X
through the riparian buffer: underground directional
boring methods, bore -and -jack techniques or another
appropriate microtunnelling method.
• That does not minimize the sediment, nutrient andX
other pollution through the riparian buffer by the most
appropriate exempt method.
On -site sanitary sewage systems - new ones that use ground
X
absorption
Overhead electric utility lines
• Stream crossings that disturb equal to or less than 150
X
linear feet of riparian buffer
• Stream crossings that disturb greater than 150 lines
X*
feet of riparian buffer
Periodic maintenance of modified natural streams such as canals
X
and a grassed travelway on one side of the surface water when
alternative forms of maintenance access are not practical.
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•
•
9
Playground equipment:
• Playground equipment on single family lots provided
X
that installation and use does not result in removal o
vegetation
• Playground equipment installed on lands other than
X
single-family lots or that requires removal o
vegetation
Ponds in natural drainage ways, excluding dry ponds:
• New ponds provided that a riparian buffer that meets
X
the diffuse flow requirements of this Rule is established
adjacent to the pond
• New ponds where a riparian buffer that meets the
X
diffuse flow requirements of this Rule is NO
established adjacent to the 2ond
Protection of existing structures, facilities and streambanks when
X
this requires additional disturbance of the riparian buffer or the
stream channel
Railroad impacts other than crossings of streams and other
X
surface waters subject to this Rule
Railroad crossings of streams and other surface waters subject t
his Rule:
• Railroad crossings that impact equal to or less than 40
X
linear feet of riparian buffer
• Railroad crossings that impact greater than 40 linear
X
feet but equal to or less than 150 linear feet of riparian
buffer
• Railroad crossings that impact greater than 150 linear
X
feet of riparian buffer
Removal of previous fill or debris provided that diffuse flow is
X
maintained and any vegetation removed is restored
Road impacts other than crossings of streams and other surface
X•
waters subject to this Rule
Road crossings of streams and other surface waters subject to
his Rule:
• Road crossings that impact equal to or less than 40
X
linear feet of riparian buffer and is perpendicular
• Road crossings that impact greater than 40 linear feet
X
but equal to or less than 150 linear feet and is
perpendicular
• Road crossings that impact greater than 1501inear fee
X*
of riparian buffer
Scientific studies and stream gauging
X
Stormwater management ponds excluding dry ponds:
• New stormwater management ponds provided that a
X
riparian butler that meets the diffuse flow requirements
of this Rule is established adjacent to the pond
• New stormwater management ponds where a riparian
X
buffer that meets the diffuse flow requirements of this
Rule is NOT established adjacent to the pond
Stream restoration
X
Streambank stabilization
X
Temporary roads:
• Temporary roads that disturb less than or equal to
X
2,500 square feet provided that vegetation is restored
within six months of initial disturbance
• Temporary roads that disturb greater than 2,500 square
X
feet provided that vegetation is restored within six
months of initial disturbance
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is
•
• Temporary roads used for bridge construction or
X
replacement provided that restoration activities, such a
soil stabilization and revegetation, are conducted
immediately after construction
Temporary sediment and erosion control devices:
• To control impacts associated with uses approved b
X
the Division or that have received a variance provide
that sediment and erosion control for upland areas i
addressed to the maximum extent practical outside th
buffer
• In -stream temporary erosion and sediment control
X
measures for work within a stream channel
Underground electric utility lines:
• im acts other than 2eq2endicular crossings 3 ' 4
X
Underground electric utility line perpendicular crossings o
streams and other surface waters subject to this Rule:
• Perpendicular crossings that disturb less than or equal
X
. to 40 linear feet of riparian buffer3,4
• Perpendicular crossings that disturb greater than 40
X
linear feet of riparian buffer3.4
Vegetation management:
• Emergency fire control measures provided tha
X
topography is restored
• Planting vegetation to enhance the riparian buffer
X
• Pruning forest vegetation provided that the health and
X
function of the forest vegetation is not compromised
• Removal of individual trees which are in danger o
X
causing damage to dwellings, other structures or huma
life
• Removal of poison ivy
X
• Removal of understory nuisance vegetation as defined
in: Smith, Cherri L. 1998. Exotic Plant Guidelines.
X
Department of Environment and Natural Resources.
Division of Parks and Recreation. Raleigh, NC.
Guideline -430
Water dependent structures as defined in 15A NCAC 02B .0202
X
Water wells
X
Wetland restoration
X
' 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.
NORTH CAROLINA A DM I NI STRATIVE CODE Eff. February 1, 2009 Page 13

ENR— ENVIRONMENTAL MANAGEMENT T15A: 0213 .0600
• • 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 ofwoody vegetation, the extent ofthe 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.
•
0
Histouy Note: Authority G.S. 143-214.1; 143-215.8A; 143-214.7;
Eff. February 1, 2009.
NORTH CAROLINA ADMINISTRATIVE CODE ,off: February 1, 2009 Page 14

ENR — ENVIRONMENTAL MANAGEMENT T 15A: 028 .0600
IBA NCAC 02B .0608 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR TIME GOOSE CREEK
•
WATERSHED (YADKIN PEE-DEE RIVER BASIN): MANAGE ACTIV TIES WITHIN
RIPARIAN SUFFERS: 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 01 I .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 firom 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 arc 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 011 ,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 028.0233(c) 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.
9
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); 143-215.8A;
Eff. February 1, 2009.
NORTH CAROLTNAADMINISTRATIVE CODE Ef. Fehniary 1, 2009 Pagc 15

ENR — ENVIRONMENTAL MANAGEMENT T 15A: 02B .0600
IBA NCAC 112B .U609 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 021-1 .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.
(c) 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.
(t) OPTIONS FOR MEETING THE MITIGATION DETERMINATION. The mitigation determination made pursuant to Paragraph
(c) 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 (c) of this Rule by ninety-six cents ($.96) per
square foot or forty-one thousand, six hundred and twenty-five dollars ($4 t,625) per acre.
(2) The required fee shall be submitted to the [North Carolina Ecosystem Enhancement Program, 1652 Mail Service
Center, Raleigh, NC 27699-16521 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 casements to satisfy compensatory mitigation requirements shall be accepted only if
the conservation easement is granted in perpetuity.
NORTH CAROLINAADMiNISTRATIVE CODE Eff. February 1, 2009 Page 16

ENR — ENVIRONMENTAL MANAGEMENT T 15A: 02B .0600
(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 0213 .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;
(I,- 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;
(i-1) The property shall not contain any liazardous 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, remcdiated 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
maybe 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.
10 (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.
NORTH CAROLINAADMINiSTRATIVE CODE Eff. February 1, 2009 Page 17

ENR — ENVIRONMENTAL MANAGEMENT T 15A: 0213 .0600
(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. Afier receiving this determination, the applicant shall submita 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.
(13) 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 casement 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); 143-215.8.4;
Eff. February 1, 2009,
NORTH CAROLINA ADMINISTRATIVE CODE Eff. Febniary 1, 2009 Page 18

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Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL
• 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...........................................................
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 IM.PLEMENTATION......................................................
i3.1 Structural Best Management Practices.........................................................................
23
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 A.nalysis..............................................................
28
3.1.2.5 Recommendations...............................................................................................
28
3.1.3 Existing and Proposed Structural BM Ps 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 FYI ....................................................................
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
• 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 flan 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............ I
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.............................................................. 1 1
Figure 5: Land -Use Distribution in the Goose Creek Watershed ................................................ 13
Figure 6: Location of WQRP Monitoring Sites for FYI ........................................................... 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:
Figure 11:
Pet Waste Postcard (front)..........................................................................................
Bags on Board Containing Pet Waste Disposal Bags ................................................
34
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
Table 2: General Information Regarding the Goose Creek Watershed ......................................... 3
Table 3: Miles of Streams Walked or Waded by Jurisdiction.....................................................
I
Table 4: Jurisdictions and Land -Use Types to be Sampled.........................................................
12
'Fable 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 ....................... I.................
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
"fable 12: 13MP Data from TMDL Implementation Plan, Blacks Run & Cooks Creek, Virginia24
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
11

•
0
0
Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL
'liable 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: WQR13 Schedule.................................................................................... ...........---... 44
Appendices:
Appendix l : Goose Creck `I'MDL 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 Inspections56
Appendix 5: Prioritization Scheme for Septic System inspections ............................................. 58
Common Acronyms:
13M1": 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: FY 10 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
WARP: Water Quality Recovery Program
I

Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL
• 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
it P`•d ,'.l.�j l5 N
i Y,` Cocoa CtaEk Wat.rShed
��: . .Union.Y• � .I
5 to amen t. I
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 oi'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 11 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 I below describes the area within the
Goose Creek Watershed contained in these jurisdictions. `fable 2 below contains general
information regarding the Goose Creek Watershed.
Table 1: MS4 Jurisdictions in the Goose Creek Watershed
S'4,' Jurisdiction
, Arca,in^ Watersled :
%.of.Wat6 " ed.
k
Mint HiI]/Mecklenbur Count I
7,195 acres
26%
-Stallings
1,400 acres
5%
Indian Trail
855 acres
3%
(1) Mecklenburg County includes the Town of Mint Hill
o

© • •
Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL
Figure 2: Goose Creek Watershed Area
Le

0
Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL
Table 2: Generdl Information Regarding the Goose Creek Watershed
Watershed Area
42 square miles or 27,720 acres in the Yadkin/Pee Dee River Basin
Stream Len th
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 a 46%
Agricultural = 6,461 acres a 23%
>2 Acre Residential = 3,946 acres c 14%
0.5 — 2 Acre Residential - 1,592 acres cr 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 24%.
Vegetation
Vegetation is a mix of hardwood forested areas, agriculture (row crops and hay) and
gasses and shrubs associated with suburban development,
Climate
The climate is temperate with approximately 43" of rain per year.
Hydrology
Hydrology drolo follows a typical dendridic drainage pattern typified by most piedniont 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 11 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 fecai coliform concentrations. This impairment
triggered the development of a total maximum daily load ('I'M.DL) for the watershed that was
subsequently submitted and approved by EPA on July 8, 2005. The TMDI, 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
(1 asmigona 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
3

Goose Creep Water Quality Recovery Program for the Approved Fecal Coliform TMDL
• Phase 11 Storm Water Permits. Part 11, Final Limitations and Controls for Permitted Discharges,
Section A, Program Implementation, Paragraph I I of these Phase 11 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 I 1 contain additional requirements relating to the
development and implementation of this Water Quality Recovery Program (WARP) as follows:
(a) Within two years after receiving the Division's notice that the permillee 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 pollutanl(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 pollulantN 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
permillee 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 inhere 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 permillee 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 pollulant(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 firs! 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 (in assessment of the
effectiveness of the BMPs employed, to determine what, if any, additional BMP measures
may be necessary to return the unpaired segments to compliance with state water quality
standards. The permittee shall implement appropriate BA4Ps to control the polhrlant(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.
EI
4

Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TM.DL
• 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 11 jurisdictions in the
Goose Creek Watershed with the "Goose Creek TMDL Water Quality Recovery Program
(WARP) Guidance Document" (see Appendix 2). This document was used as a guide by the
Phase 11 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.
s
e

•
0
0
Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL
SECTION 2.0 PROGRAM DEVELOPMENT
2.1 Components of the Water Quality Recovery Program (WARP) 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)
Wog•ain 1)vvelopineitt
1. Establish a WQRP and incorporate into SWMP
2. Establish a WQRPAdvisory Group
3. Establish a website
4. Develop a monitoring plan
5. Develop a plan and schedule for identifying outfalls
_J
.1
,Pagskllnpl��nu�ltktio�t�
. ' p1 r l"`- +i-i^T'T `y i7rr_:s 3i-• ; }. • ce s -"S
_� .,.kl:kpti�'eAlsutagrtnr�it_ _ 1. Identify outfalls
1, Modify/addBNRs asnecessary or appropriate 2. Implement monitoring plan and assess available data
2. Adapt the overall WQRP as necessary or appropriate 3. Identify and implement BNIPs
4. Implement public participation and outreach
5. Implement staff development
� iN "i,.P! 4•�;illkt FS Illl411101t��- 1, Assess Assess the effectiveness of specific BMPs
2. Assess the effectiveness of the overall WQRP
3. Complete a cost -benefit analysis
Dala C'onertion and Dorutnentatiou
1. Maintain and disseminate dataandinformation
2. Develop and disseminate regular reports I
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
6

Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL
• 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 NPDCS 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 coliforrns shall not exceed a geometric mean of
2001100 ml (membrane filter count) based upon at least five consecutive samples examined
during any 30-day period, nor exceed 4001100 nil 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 ease of controversy over results, the MPN 5-tube dilution technique
tivill 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 13MPs as described in the WQRP
Plan (see Section 3.0). The implementation of these BMI's 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 1I, Section A, Paragraph 11 (d) of the Phase I1 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
0

Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL
• 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 1I
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 `frail.
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 I1, Section A,
Paragraph 1 I (d) of the Phase I1 Permits. These assessments will be included in the annual
reports developed for the WQRP by July 15`h 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
301h 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 G describes this process in
more detail.
O
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 Ibr 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
8

Goose Creek Water Quality Recovery Program for the Approved Fecal Coliforrn TMDL
• Advisory Group meets at leastannuallyto 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:
httpa/stormwater.charmeck.org (select "Storm Water Professionals", select "Water Quality", and
select ""I'MDLs-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
isstrategy
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 1-fill, Indian `frail and Stallings.
2.7.2 Water Quality Monitoring Strategy
The goals of the Goose Creek Water Quality Monitoring Plan are as follows:
I . 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)
S. 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
9

Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL
• 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, NOz, and estimated (low (gpm).
3. A record is obtained ofthe locations ofa]I 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 (IDDL) Policies and
Procedures Manual (Mecklenburg County Water Quality Program, 2009).
l❑1

Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TMDL
• Figure 4: Distribution of Stream Walks by Jurisdiction
E
Legend
Goose Cr
Mint Stre.
N Stallings
n/ Indian Ta
A/ Streams
l Mini-hill-g
[ Indian Tr..
ias: Stallings
`fable 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
4A
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,
• I

0
r1
Goose Creek Water Quality Recovery Program for the Approved Fecal Coliform TM.DL
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).
"fable 4: Jurisdictions and Land -Use Types to be Sampled
Jurisdiction
Land -Use Ty es
Mint Hill
0.25 — 0.5 ac
Commercial
Institutional
Medium Density
1-485
Residential
school
Residential 0.5 — 1 ac
Stallings
0.25 — 0.5 ac
Commercial
Residential
Indian Trail
0.25 — 0.5 ac
Active
Residential
Development
Tablc 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
Meek. Co.
Runoff Institutional
C
11524 Bain School Road
-80.647348
35.174619
Meck. Co.
Runoff (0.5 - I acre res.)
D
5221 Turkey Oak Drive
-80.660474
35.146612
Meck. Co.
Runoff(1-485)
E
1-485
-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.)
1-1
7006 Joyful Noise Lane
-80.629475
35,117090
Indian Trail
Runoff (Active Const.)
I
I 5004Centerview Dr.
-80.629790
35.117733
Table Notes: Meck. Co. includes the Town of Mint Hill. Latitude and Longitude in Decimal Degrees.
12

Town of Indian Trail Organizational Chart
Mayor & Town Council
Town Manager
Town Clerk
Human Parks & Community &
Engineering &
Planning &
Finance
Tax Department Resources Recreation Economic
Public Works
Neighborhood GIS & IT Services
Department
Department Department Development
Services
Town Engineer
Administrative
Assistant
Civil Engineer I I Civil Engineer I Field Operations
ublic Works Engineer Intern
Fspp
Manager
erintendent

Chapter 1360. Flood Damage Reduction Ordinance
1360.060. Establishment of Floodplain Development Permit
f
• 1360.060 Establishment of Floodplain Development Permit
A floodplain development permit shall be requited in conformance with the provisions of this ordinance
prior to the commencement of any development activities within Special Flood Hazard Areas determined
in accordance with the provisions of Section 1360.050E of this ordinance.
1360.070 Compliance
No structure or land shall hereafter be located, extended, converted, altered, or developed in any way
without full compliance with the terms of this ordinance and other applicable regulations. It is the
property owners' and/or developers' responsibility to ensure all other ordinances are met including but
not limited to the Post -Construction Storm Water Ordinance, Erosion and Sedimentation requirements,
and Federal Water Pollution Control Act of 1972 (" Clean Water Act").
1360.080 Abrogation and Greater Restrictions
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this ordinance and another conflict or ovetlap, whichever imposes the more
stringent restrictions shall prevail.
1360.090 Interpretation
In the interpretation and application of this ordinance, all provisions shall be:
A. considered as minimum requirements;
B. liberally construed in favor of the governing body; and
C. deemed neither to limit nor repeal any other powers granted to the Town under State
I
statutes.
1360.100 Penalties for Violation
Violation of the provisions of this ordinance or failure to comply with any of its requirements, including
violation of conditions and safeguards established in connection with grants of variance or special
exceptions, shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply
with any of its requirements shall, upon conviction thereof, be fined not more than $500.00 or imprisoned
for not more than thirty (30) days, or both. Each day such violation continues shall be considered a
separate offense. Nothing herein contained shall prevent the Town of Indian Trail from taking such other
lawfid action as is necessary to prevent or remedy any violation.
1360.110 Administration
A. Designation of Storm Water Administrator
The Town Manager designates the Indian Trail Town Engineer as the Storm Water
Administrator. The Storm Water Administrator, and his or her designees, is the person with
the authority to administer, implement and enforce the provisions of this ordinance. The
Storm Water Administrator, and his or her designees, administers the Flood Damage
Reduction Ordinance as well as the Post Construction Ordinance.
B. Duties and Responsibilities of the Storm Water Administrator
The Storm Water Administrator shall perform, but not be limited to, the following duties:
1. Review all floodplain development applications and issue permits for all proposed
development within -special flood hazard areas to assure that the requirements of this
ordinance have been satisfied.
2. Review all proposed development widen special flood hazard areas to assure that all
• necessary local, state and federal permits have been received.
T Indian Trail Unified Development Ordinance
1 /612009
13-23

r
STATE OF NORTI-1 CAROLINA)
ORDINANCE #
TOWN OF INDIAN TRAIL )
AN ORDINANCE AMENDING CHAPTER 60: STORMWATER CONTROL AND
MANAGEMENT OF THE TOWN CODE FOR INDIAN TRAIL, NORTH CAROLINA
WHEREAS, The Town Council of the Town of Indian Trail, North Carolina
adopted Chapter 60 Stormwater Control and Management on June 12, 2007 establish the
Town's Stormwater Utility Program to effectively meet and implement the federal mandated
Phase 11 Stormwater requirements; and
WHEREAS, The Town initiated the amendment of Chapter 60 to clarify terminology and
definitions, illicit discharge & connection, role of the Town Engineer, and the appeal process;
and
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Indian
Trail, North Carolina, after due consideration, and in the best interest of the citizens and
property of Indian Trail, that:
Section 1 Chapter 60, Stormwater Utility, Control and Management to the Code of Ordinances
is hereby amended to read as follows:
CHAPTER 60: Stormwater Utility, Control and Management
ARTICLE I. 1N GENERAL
Sec. 60-1 Title
This chapter shall be and is collectively referred to and cited as "The Stormwater Utility, Control
and Management Ordinance of Indian Trail, North Carolina."
Sec. 60-2 Purposes and Findings
The purpose of this chapter is to protect and promote the public health, safety, and welfare by
preventing the introduction of potentially harmful materials into the storm sewer system within
the Town; to protect property from potential stormwater damage; to maintain and enhance water
quality; and to meet the requirements of the National Pollutant Discharge Elimination System for
Stormwater Discharges.
It is further the purpose of this ordinance to: regulate the contribution of pollutants to the Town's
storm drain system by Stormwater discharges by any user; to prohibit and control illicit
connections and illicit discharges to the storm drain system; and, to establish legal authority to
carry out all inspection, surveillance and monitoring procedures necessary to ensure
compliance with this ordinance.
Sec. 60-3 Jurisdiction
The provisions of this chapter shall apply to all the territory encompassed in the Town of Indian
Trail, North Carolina.
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Sec.60-4 Authority
This chapter is adopted pursuant to the authority granted to Indian Trail by North Carolina
General Statutes Chapter 160A (Cities and Towns).
Sec.60-5 Definitions
As used in this article, unless the context clearly indicates otherwise, the following definitions
apply_
A. Customer or Consumer means the person or entity to which a bill for stormwater service
charges is sent_
B. Developed Land means real property that contains impervious surfaces, and includes
improved land without structures and land on which improvements are under construction.
C. Dwelling Unit means one (1) or more rooms physically arranged to create a housekeeping
establishment with separate facilities for cooking, sleeping and toilet for occupancy by one
(1) or more persons.
D. Equivalent Residential Unit (ERU) is the median of impervious surface area on a single-
family developed land in the Town.
E. impervious Surface means any surface that because of its material composition or
compacted nature impedes or prevents natural infiltration of stormwater into the soil.
Impervious surfaces include, but are not limited to, roofs; roof extensions; patios; balconies;
isdecks; athletic courts; swimming pools (excluding the water area of swimming pools);
privately -owned streets, parking areas, driveways, and sidewalks; and any concrete, stone,
brick, asphalt, or compacted and/or seated gravel surfaces. Porous pavers, ungraveled
natural footpaths; compacted dirt surfaces, non -compacted gravel surfaces, wooden slatted
decks over pervious surfaces, water surfaces of lakes and streams, and septic system drain
fields are not impervious surfaces.
E. Manager shall mean the Town Manager or his designee.
G. Non -Residential Developed Land means all non-residential land uses including, but not
limited to, churches; institutional buildings, whether public or private; hospitals, rest homes,
public and private schools, colleges and universities, institutionally -owned fraternity and
sorority houses, dormitories, commercial, office, hotels and motels, industrial buildings, bona
fide farms , storage areas, parking lots, and land containing non-residential improvements
under construction or other impervious surfaces.
H. National Pollutant Discharge Elimination System (NPDES) Permit means a permit
issued by the United States Environmental Protection Agency (USEPA) or by North Carolina
under authority delegated pursuant to 33 U.S.C. 1342(b) (Section 402 of the Clean Water
Act) that authorizes the discharges to waters of the U.S.
I. Other Residential Developed Land means any individual lot or parcel of residential
developed land that is not single-family developed land, It includes, but is not limited to, land
upon which there are residential structures that contain more than one (1) dwelling unit,
such as multi -family dwellings (duplexes and greater), manufactured home parks as defined
in the ordinances regulating development, condominiums, apartments, boarding houses,
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rooming houses, and privately -owned fraternity and sorority houses. Other residential
developed land is sometimes called "multi -family" land.
J. Person means any individual, partnership, co -partnership, firm, company, corporation,
association, commission, institution, utility, joint stock company, trust, estate, government
entity or other legal entity, or their legal representative, agents or assigns.
K. Pollutant means a man-made or man induced substance that alters the chemical, physical,
biological or thermal, and/or radiological integrity of water.
L. Proper Operations and Maintenance means any action necessary to keep stormwater
control measures and devices in proper working condition, so that such facilities will
continue to comply with applicable Town of Indian Trail Code of Ordinances to prevent
safety hazards, public nuisances, and the failure of stormwater control measures and
devices to function as intended. Maintenance includes activities identified on approved
stormwater control plans, any applicable stormwater operations and maintenance manual,
any applicable agreements or certifications to the Town, and those activities outlined in the
Town's Technical Standards Manual and this chapter of the Town of Indian Trail Code of
Ordinances.
M. Property Owner or Owner means the owner of a real property as shown on the Union
County tax records.
N. Single -Family Developed Land means an individual lot or parcel of land developed with
• only one (1) single-family or detached dwelling unit (which may include an accessory
apartment), one (1) manufactured home, or one (1) mobile home, and the ownership
interest of the land and of the dwelling unit are united and identical. Single-family developed
land shall not include structures used primarily for nonresidential purposes or other
residential and nonresidential developed property.
O. Stormwater Control Measure means any device constructed to manage stormwater
quantity and/or quality.
P. Stormwater Management System or Storm Drain System or System means the network
of natural and constructed devices owned or controlled by the Town for collecting, storing,
treating, and transporting stormwater. It includes, but is not limited to, structural drainage
systems such as open swales and ditches, catch basins, pipes, inlets, storm sewers, drains,
culverts, junction boxes, and other stormwater management facilities that affect the quality
and quantity of stormwater located within dedicated public street rights -of -way and Town of
Indian Trail permanent drainage easements accepted by the Town and any natural
stormwater drainage systems owned or controlled by the Town.
Q. Stormwater Service Charge is the charge to provide stormwater services to developed
property. The charge is based upon the single-family Equivalent Residential Unit (ERU) as
calculated for that property.
R. Stormwater Utility Funds mean the stormwater service charges and the interest generated
by those charges.
S. Stormwater Services means Town stormwater management programs designed to protect
water quality by controlling the level of pollutants in, and the quantity and flow of,

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stormwater, and Town service of structural and natural stormwater and drainage systems of
all types. Stormwater services include any cost necessary to ensure that all aspects of
stormwater quality and quantity are managed in accordance with federal and State laws,
regulations and rules, and costs related to the mapping, planning, construction, operation,
maintenance, inspection, management and regulation of the stormwater management
system and the regulation of impervious surface and stormwater.
T. Waters of the State means surface waters within or flowing through the boundaries of the
State including the following: any intermittent or perennial stream, river, creek, brook,
swamp, lake, sound, tidal estuary, bay reservoir, wetland, or any other surface water or any
portion thereof that is mapped as solid or dashed blue lines on United States Department of
Interior Geological Survey 7.6 minute series topographic maps. Treatment systems,
consisting of man-made bodies of water, which were not originally created in waters of the
State and which are not the result of the impoundment of waters of the State, are not waters
of the State.
Sec.60-6 Severability
If any section or sections of this chapter istare held to be invalid or unenforceable, all other
sections shall nevertheless continue in full force and remain in effect.
ARTICLE 11: THE STORMWATER UTILITY
Sec. 60-7 Establishment of a Stormwater Utility
By the adoption of this ordinance the Town Council hereby establishes a stormwater utility to
support stormwater management programs to protect water quality by controlling the level of
pollutants in and the quantity and flow of stormwater as well as stormwater structures and
natural stormwater and drainage systems of all types. The stormwater utility is a public
enterprise furnishing services to the Town and its citizens.
Sec, 60-8 Creation of Stormwater Management Accounting
All stormwater service charges and interest generated by such charges, also referred to as the
stormwater utility funds, shall be accounted for separately from all other revenues and funds
and shall be used by the Town of Indian Trail solely for the operational costs, maintenance
costs, management costs, indirect costs, capital improvements, debt principal and debt service,
and establishment of a reserve fund for stormwater services. The Town may use funds that are
not stormwater utility funds to provide stormwater services.
Sec. 60-9 Stormwater Management Service Charges
A. All developed land in the Town, whether public or private, shall be subject to a stormwater
service charge. Exemptions shall not be allowed based on age, tax exemption, or other
status of an individual or organization. Stormwater service charges may be subject to a
credit system as further provided herein.
B. Stormwater service charges on developed land shall be based on a schedule of rates,
charges, tiers, and late fees fixed and established from time to time by the Town Council,
adopted in the annual budget ordinance and maintained on file in the offices of the Town
• Clerk. Stormwater service charges will be determined and modified from time to time by the
Town Council, so that the total revenues generated by said charges will be used to pay the
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principal and the interest on the debt incurred for stormwater purposes, and such expenses
as are reasonably necessary for providing stormwater services within the Town of Indian
Trail.
C. Computation of stormwater service charges.
1. For single-family developed residential land, the monthly stormwater service charges
shall be based on the median amount of impervious surface on a single-family
residential lot in the Town, which is known as an "Equivalent Residential Unit" or
ERU. (The median amount of impervious surfaces on a single-family residential lot
is defined by resolution). There shall be two tiers for single-family developed
properties, based on the amounts of impervious surfaces of single-family properties,
as shown in the following table. The magnitude of each tier for single family
developed residential land shall be defined by resolution.
Single -Family Tier __ _ _ Amount of Impervious Area
Tier 1 5 magnitude defined by resolution
Tier 2 > magnitude defined by resolution
2. For Other developed residential land, the monthly stormwater service charges shall
be one ERU per each dwelling unit_ This category includes townhouses, apartments,
condominiums, and other multi -unit residential developments.
• 3. For all other developed properties, the monthly stormwater service charge on
developed land is calculated by dividing the total impervious surface area of the
property by one (1) ERU, rounded to the nearest whole number, multiplied by the
established monthly ERU rate.
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D. The following exemptions from stormwater management service charges are allowed
provided that requests for exemptions authorized under subsections (4) and (5) are made in
writing to the Town Manager or his designee and document the application of the
exemption. The Town Manager or his designee may approve or reject the request in whole
or in part.
I. Undeveloped land.
2. Improved public transportation ways, including public streets, roads, greenways and
trails, airport taxiways and runways, and internal roads within public facilities which
have been conveyed to the North Caroilna Department of Transportation or Town of
Indian Trail and which are used by the general public for motor vehicle
transportation.
3. Railroad tracks. However, railroad stations, maintenance buildings or other
developed land shall not be exempted from stormwater management service
charges.
4. Developed land with less than four hundred (400) square feet of impervious surface
area.
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Sec. 60-10 Billing Method, Responsible Parties
A. Bills for stormwater service shall be sent annually beginning in January 2007. Stormwater
service charges may be billed on a combined utility bill that also contains charges for
electric and/or water and/or sanitary sewer and/or solid waste management service or any
combination of Town -provided utility services, including only stormwater. Stormwater
service charges that are shown on a combined utility bill may be for a different service
period than that used for the other Town utility services.
B. Stormwater service charges for a property that receives water service or combined sanitary
sewer and water service will be sent to the customer receiving such service. However,
where multiple water and sewer accounts exist for a single parcel, the bill for stormwater
service charges may for good cause shown at the discretion of the Town be sent to the
property owner. The Town will develop additional policies concerning billing.
C. The property owner is ultimately responsible for payment of the stormwater service charge
for property for which the party billed has not paid the stormwater management service
charge.
D. Owners of property may, with the consent of the Town, designate each occupant of the
property as the party to receive the bill for stormwater service charge by completing and
properly executing a form provided by the Town. Such designation shall fairly allocate the
impervious surfaces actually used by the billed party, and it shall be binding for the period
of time specified by the Town. No occupant may be designated as the party to receive the
bill for stormwater service charge unless the occupant is also receiving another Town utility
bill. Such transfer does not relieve either the owner and/or occupant from liability for
stormwater service charges if the party billed does not pay them.
E. All other aspects of billing shall be handled asset forth in the section immediately following.
Sec. 60-11 Payment Provisions; Utility Termination
A. Where stormwater service charges appear on a combined utility bill or a master summary
bill, and a customer does not pay the service charges for all the utilities on the bill, the
partial payment will be applied to the respective service charges in the order shown in the
annual adopted budget ordinance.
B. Stormwater service charges are due to the Town within the time period stated on the bill.
Bills not paid within this .time shall be charged a late fee as set forth in the Town Council
adopted Utility Policies and Procedures (Ordinance 97-15, amended and as a Town
Council policy on June 9, 2005),
C. Where a property receives other Town utility services, if stormwater service charges for that
property are not paid, other utility services to that property may be terminated, whether or
not the stormwater service charges were included on a combined utility bill. Termination will
be handled in accordance with standard operation provisions of the Town as set forth in the
Town Council adopted Utility Policies and Procedures (Ordinance 97-15, amended and as a
Town Council policy on June 9, 2005).
D. No property owner with outstanding stormwater service charges is entitled to receive other
Town utility services until the outstanding stormwater service charge on that property is paid-
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No customer with a delinquent stormwater service account is entitled to open another Town
utility account at the same or different location until the delinquency has been satisfied-
E. If property is under billed, or not billed, or a bill is sent to the wrong party, the Town may
back bill up to a one-year period. Payment arrangements are specified in the Utility Policies
and Procedures.
F. Customers with complaints about the accuracy of stormwater service charges are entitled to
a review as set forth in the Town Council adopted Utility Policies and Procedures.
Sec. 60-12 Adjustments and Credits Applicable to Stormwater Management Service
Charges
A. Adjustments due to error or oversight.
Request for adjustment of the stormwater service charge shalt be submitted in writing to the
Town in accordance with the adopted Utility Policy and Procedures (Ordinance 97-15,
amended and as a Town Council Policy on .tune 9, 2005). Adjustments may be requested
for errors or omissions on the customer's stormwater service charge. All requests shall be
judged on the basis of the number of dwelling units or amount of impervious area on the
property.
B. Credits.
• 1. The Town may provide a system of credits to reduce stormwater service charges for
properties on which stormwater control measures substantially mitigate the peak
discharge or runoff pollution flowing from such properties or substantially decrease
the Town's cost of maintaining the stormwater management system. The Town
Manager or his designee will develop written policies to implement the credit system
and codify said policies. No credit will be authorized until the Town Council approves
written policies to implement the system of credits, a copy of the approved policies
shall be on file with the Town Clerk. The Town's policies may make credits
retroactive to the date stormwater management service charges were initiated but
not to exceed one (1) year. Any bill charges requiring adjustments must be applied
through the utility billing system. But no credit will be granted for more than one (1)
past year. Nothing shall prevent the Town Council from modifying the adopted
system of credits, and such modifications may apply to holders of existing credits.
2. Each credit allowed against the stormwater management service charge is
conditioned on the continuing proper operation, maintenance, and functioning of the
stormwater control measure as designed; credited stormwater control measures
must comply with all applicable laws, ordinances and regulations, and credits may be
rescinded for noncompliance with these standards.
3. Each credit for which a customer applies shall be subject to review and approval by
the Town Manager or his designee. The Town Manager or his designee may
approve or reject any application for a credit in whole or in part.
4. Credits shall only be applied to developed lands containing the credited stormwater
. control measure. For developments with common property containing credited
stormwater control measures such as townhouse developments, cluster unit
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developments, or condominiums, each dwelling unit shall be eligible for its equal pro
rata share of the credit unless other arrangements for billing the stormwater service
charge are made.
Sec. 60-13 Limitations of Responsibility
A. The Town shall be responsible only for the portions of the drainage system that are in Town
maintained street rights -of -way and permanent storm drainage easements conveyed to and
accepted by the Town. Repairs and improvements to the drainage system shall be in
accordance with established standards, policies, and schedules.
B. The Town's acquisition of storm drainage easements andlor the construction or repair by the
Town of drainage facilities does not constitute a warranty against stormwater hazards,
including, but not limited to, flooding, erosion, or standing water.
Sec. 60-14 through 60-29 Reserved
ARTICLE III: STORMWATER MANAGEMENT ADVISORY COMMISSION
Sec. 60-30 Establishment, Composition, Duties and Procedures
.1 A. Establishment and Composition:
• The Stormwater Management Advisory Commission shall be composed of seven (7)
members who shall reside or own property within the Town limits. The Council shall appoint
the membership of the Commission. Each member shall be appointed for a period of three
(3) years except that the Council in appointing the original membership of the Commission
may prescribe terms of fewer years to the end that the terms of the various members of
Stormwater Management Advisory Commission shall be staggered. Commission members
may be re -appointed at the discretion of the Council.
B. Duties:
The Stormwater Management Advisory Commission shall have the following charge and
duties:
1. The Commission shall review and/or recommend to the Council stormwater
management policies, policy changes, and long range plans and estimate their
budgetary and rate impacts.
2. The Commission shall review and comment to the Council on the annual stormwater
management capital improvements program.
3. The Commission shall respond to the Town Council and Town staff requests for
advice on matters related to stormwater services and the stormwater management
utility.
4. The Commission shall present the Council with an annual report of key actions and
issues and its annual work program.
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C. Procedure:
The Stormwater Management Advisory Commission is directed to adopt rules of procedure
necessary to the conduct of its affairs and in keeping with the provision of this Code, all
policies of the Town Council, and applicable State laws. Such rules of procedure, and any
modifications to same, shall be submitted to the Town Council for review and approval.
Except as provided in this Code, the rules of procedure adopted by the Commission shall at
least provide for. selection of the officers of the Commission; the time and place of its
regular meetings, which shall at least be held bi-annually, and the calling of special
meetings; the procedures of the conduct of public hearings and voting. The Commission
shall elect from its membership at least a chairperson and vice chairperson, who shall serve
for terms of one (1) year, who shall be eligible for reelection, and who shall have the right to
vote. The chairperson shall preside over the Stormwater Management Advisory
Commission. In the absence or disability of the chairperson, the vice -chairperson shall
perform the duties of the chairperson. All meetings of the Stormwater Management Advisory
Commission shall be open to the public, in accordance with the North Carolina Open
Meetings Law, G.S. 143-318.10 et seq., and a public record shall be kept of the
Commission's resolutions, proceedings, and actions. The rules of procedure and minutes of
the Commission are maintained as separate documents in the nature of a public record at
the Town Clerk's Office. The Town Manager or his designee shall provide such technical,
administrative, and clerical assistance as required by the Commission.
Sec. 60-31 through 60-34 Reserved
ARTICLE IV: STORMWATER CONTROL and MANAGEMENT
Sec. 60-35 Unauthorized Installations Causing Runoff
It shall be illegal for any person to install any pipe, culvert, or casing on any property in such a
manner as to cause runoff water to flow into any storm sewer pipe, ditch, or other means of
facilitating the flow of water that is maintained by the Town without first obtaining approval from
the Town Engineer.
Sec, 60-36 Connection Approval Criteria; Duty of Owner; Compliance by Utilities
A. The Town Manager or his designee shall not be authorized to approve any connection to
Town drainage facilities unless he is of the opinion that the size, shape, and location of the
newly installed drainage facilities are adequate for handling the anticipated amount of water.
B. It shall be the responsibility of the property owner of any parcel of land when making any
improvements or changes affecting the land, which alter the existing flow pattern of runoff
water, to install appropriate facilities for carrying the runoff water into a properly approved
storm sewer, ditch, or stream. No zoning compliance permit shall be issued for any property
within the jurisdiction of the Town until the conditions of this section are met.
C. It shall be illegal for any utility company to allow public water to be connected to any facility
on any land that has not complied with the provisions of this section.
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Sec. 60-37 Prohibited Discharges
A. Illicit Discharges
An illicit discharge is defined as any unlawful discharge, disposal, dumping, emission,
emptying, leakage, placement, pouring, pumping, or spillage directly or indirectly into the
Town storm drain system or waters of the State or upon land in manner and amount that
the substance is likely to reach the Town storm drain system or waters of the State of any
materials, other than stormwater, including but not limited to pollutants or waters containing
any pollutants that cause or contribute to a violation of applicable water quality standards.
No person shall cause or allow an illicit discharge. The commencement, conduct, or
continuance of any such illicit discharge to the storm drain system is prohibited except as
described as follows:
1. Discharges from the following activities will not be considered a source of pollutants
to the storm drain system and to waters of the U.S. when properly managed to
ensure that no potential pollutants are present, and therefore they shall not be
considered illegal discharges unless determined to cause a violation of the
provisions of this Ordinance: potable water line flushing; uncontaminated pumped
groundwater and other discharges from potable water sources; landscape irrigation
and lawn watering; diverted stream flows; rising groundwater; groundwater infiltration
to the storm drain system; uncontaminated foundation and footing drains;
uncontaminated water from crawl space pumps; air conditioning condensation;
uncontaminated roof drains; springs; individual residential and occasional non-
commercial car washing; flows from riparian habitats and wetlands; dechlorinated
• swimming pool discharges; street wash waters; and flows from fire fighting.
2. The prohibition shall not apply to any non-stormwater discharge permitted under an
NPDES permit, waiver, or waste discharge order issued to the discharger and
administered by the State of North Carolina under the authority of the Federal
Environmental Protection Agency, provided that the discharger is in full compliance
with all requirements of the permit, waiver, or order and other applicable laws and
regulations, and provided that written notification of such permitted discharge has
been filed with the Stormwater Administrator, in a form acceptable to the Stormwater
Administrator, for any discharge to the storm drain system.
3. With written concurrence of the North Carolina Department of Environment and
Natural Resources, the Town may exempt in writing other non-stormwater
discharges, which are not a source of pollutants to the storm drain system or waters
of the U.S.
B. Illicit Connections
1. An illicit connection is defined as either of the following:
a. Any unlawful connection, drain or conveyance, whether on the surface or
subsurface, which allows the discharge of non-stormwater, other than the
exclusions described in 60-37(a) above, to enter the Town storm drain
system. Prohibited connections include but are not limited to: indoor drains
• including floor drains, sinks, waste water from washing machines or sanitary
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sewers, wash water from commercial vehicle washing or steam cleaning, and
waste water from septic tanks; or
b. Any drain or conveyance connected from a commercial or industrial land use
to the storm drain system which has not been documented in plans, maps, or
equivalent records and approved by the Town.
2. The construction, use, maintenance, or continued existence of illicit connections to
the storm drain system is prohibited.
3. This prohibition expressly includes, without limitation; illicit connections made in the
past, regardless of whether the connection was permissible under law or practices
applicable or prevailing at the time of connection.
4. Where it is determined that said connection:
a. May result in the discharge of hazardous materials or may pose an
immediate threat to health and safety, or is likely to result in immediate injury
and harm to real or personal property, natural resources, wildlife, or habitat,
or
b. Was made in violation of any applicable regulation or ordinance, other than
this section;
The Town Engineer shall designate the time within which the connection shall be
• removed.
5. In setting the time limit for compliance, the Town Engineer shall take into
consideration:
a. The quantity and complexity of the work,
b. The consequences of the delay,
c. The potential harm to the environment, to the public health, and to public and
private property, and
d. The cost of remedying the damage.
C. Waste Disposal
No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left,
or maintained, in or upon any public or private property, driveway, parking area, street, alley,
sidewalk, component of the storm drain system, or water of the U.S., any refuse, rubbish,
garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that
the same may cause or contribute to pollution. Wastes deposited in streets in proper waste
receptacles for the purposes of collection are exempted from this prohibition.
D. Spills
Spills and leaks of polluting substances released, discharged to, or having the potential to
be released or discharged to the Town storm drain system or waters of the State, shall be
contained, controlled, collected, and properly disposed. All affected areas shall be restored
to their condition pre-existing the spill.
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Persons in control of the polluting substances immediately prior to their release or
discharge, and persons owning the property on which the substances were released or
discharged, shall immediately notify the Town Engineer and the Union County Public Works
Department or the Union County Emergency Management Department of the release or
discharge, as well as make any required notifications under state and federal law.
Notification shall not relieve any person of any expenses related to restoration, loss,
damage, or any other liability which may be incurred as a result of said spill or leak, nor shall
such notification relieve any person from other liability which may be imposed by State or
other law.
E. Nuisance
Illicit discharges and illicit connections which exist within the Town of Indian Trail are hereby
found, deemed, and declared to be dangerous or prejudiced to the public health or public
safety and are found, deemed, and declared to be public nuisances and may be summarily
abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or
otherwise compel the cessation of such nuisance may be taken.
F. Discharges in Violation of Industrial or Construction Activity NPDES Stormwater
Discharge Permit
Any person subject to an industrial or construction activity NPDES stormwater discharge
permit shall comply with all provisions of such permit. Proof of compliance with said permit
may be required in a form acceptable to the Town prior to or as a condition of a subdivision
map, site plan, building permit, or development or improvement plan; upon inspection of the
facility; during any enforcement proceeding or action; or for any other reasonable cause.
Sec. 60-38 Powers and Authority for Inspection
A. Town of Indian Trail personnel or other duly authorized representative(s), bearing proper
identification, shall be permitted to enter upon all public or private properties for the purpose
of inspection, observation, surveying, monitoring, sampling, testing and measuring
compliance in accordance with the provisions of this Ordinance.
B. No person shall obstruct, hamper, or interfere with any such representative while carrying
out his official duties.
Sec. 60-39 Violations, Enforcement and Penalties
A. Any person who violates any of the provisions of this Ordinance is subject to a civil penalty.
No penalty shall be assessed until the person alleged to be in violation has been notified of
the violation. The notice of violation shall identify the nature of the violation, set forth the
measures necessary to comply with the Ordinance and provide a specific time period for
compliance. In setting the time period for compliance, the following will be taken into
consideration:
1. The quantity and complexity of the work;
2. The consequences of delay;
3. The potential harm to the environment,
property; and,
4. The cost of remedying the damage,
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The notice shall warn that failure to correct the violation within the specified time period will
result in an assessment of a civil penalty and/or other enforcement action. If after the
allotted time period has expired, and the violation has not been corrected, the penalty shall
be assessed from the date of receipt of notice of violation and each day of continuing
violation thereafter shall constitute a separate violation under this section.
The notice may be served by mail, hand delivery or any other means determined to give
actual notice. Refusal to accept the notice shall not relieve the violator's obligation to
comply with this Ordinance or to pay such penalty.
B. Civil Penalties for Illicit Discharge Violations. Any person who allows, acts in concert,
participates, directs, or assists directly or indirectly in the creation of a violation of the illicit
discharge provisions of this ordinance shall be subject to civil penalties as follows:
1. For first time offenders, if the quantity of the discharge is equal to or less than five (5)
gallons and consists of domestic or household products in quantities considered
ordinary for household purposes, said person shall be assessed a civil penalty not to
exceed one hundred dollars ($100.00) per violation or per day for any continuing
violation, and if the quantity of the discharge is greater than five (5) gallons or
contains non -domestic substances, including but not limited to process wastewater,
or if said person cannot provide clear and convincing evidence of the volume and
nature of the substance discharged, said person shall be assessed a civil penalty not
to exceed one thousand dollars ($1,000.00) per violation or per day for any
continuing violation.
• 2. For repeat offenders, the amount of the penalty shall be double the amount
assessed for the previous penalty, not to exceed ten thousand dollars ($10,000.00)
per violation or per day for any continuing violation.
C. Civil Penalties for illicit Connection Violations. Any person found with an illicit connection in
violation of this Ordinance and any person who allows, acts in concert, participates, directs,
or assists directly or indirectly in the establishment of an illicit connection in violation of this
Ordinance, shall be subject to civil penalties as follows:
1. First time offenders shall be subject to a civil penalty not to exceed five hundred
dollars ($500.00) per day of continuing violation
2. Repeat offenders shall be subject to a civil penalty not to exceed one thousand
dollars ($1,000.00) per day of continuing violation.
D. In determining the amount of a civil penalty, all relevant mitigating and aggravating factors
shall be considered including, but not limited to the following:
1. the degree and extent of harm to the environment, the public health, and public and
private property caused by the violation;
2. the cost of rectifying the damage;
3. the duration of the violation;
4. the amount of money the violator saved money through noncompliance;
5. whether the violator took reasonable measures to comply with this Ordinance;
6. whether the violator voluntarily took reasonable measures to restore any areas
damaged by the violation;
13

•
7. whether the violation was committed willfully;
8. whether the violator reported the violation to the Town Engineer; and,
9. the prior record of the violator in complying or failing to comply with this Ordinance or
any other local or State water pollution control ordinance or regulation.
The amount of the per diem penalty set in Section 60-39(b) and (c) may vary based on
the aforementioned relevant mitigating and aggravating factors.
E. In addition to the per diem civil penalties, penalties for costs to restore damaged
property may be assessed based on restoration costs, which include but are not limited
to clean up costs, devaluation of the property, value of animal and plant life damaged
and Town of Indian Trail administrative costs.
F. The Town Manager, or designee, shall determine the amount of the civil penalty
assessment and shall notify the person responsible for the violation of the amount of the
penalty and the reason for assessing the penalty. The notice of assessment shall be issued
in writing and sent via registered or certified mail or other means reasonably calculated to
give actual notice to the person responsible for the violation and shall direct the violator to
either pay the assessment or appeal the assessment as described in Sec. 60-41 within thirty
(30) days of receipt of notice. If an alleged violator does not pay a civil penalty assessed by
the Town Manager or his designee within 30 days after it is due, or does not appeal a civil
penalty assessment as provided in Sec. 60-41, the Town Manager or his designee shall
request the Town Attorney to institute a civil action to recover the amount of the
assessment. The civil action shall be brought in Union County General Court of Justice or in
• any other court of competent jurisdiction. A civil action must be filed within three (3) years of
the date the assessment was due.
G. Civil penalties collected pursuant to this Ordinance shall be credited to the Town of Indian
Trail general fund as non -tax revenue, or to such other fund as determined by the Town.
H, Violation of this Ordinance shall not constitute a misdemeanor or infraction punishable under
North Carolina General Statute 14-4.
In addition to the imposition of a civil penalty, this Ordinance may be enforced by an
appropriate equitable remedy issuing from a court of competent jurisdiction as authorized by
North Carolina General Statute 160A-175(d) or by injunction issued pursuant to
authorization contained in North Carolina General Statute 160A-175(e).
Sec. 60-40 Restoration of Areas Affected by Failure to Comply
The Town Manager or his designee may require a person responsible for a violation to restore
all areas affected by the violation to the conditions existing prior to the violation. This authority
is in addition to any other civil penalty or injunctive relief authorized under this Ordinance.
Sec.60-41 Appeals
A. Any person who desires to appeal a civil penalty assessment shall have thirty (30) days from
the date of issuance of a notice of assessment to appeal in writing to the Town of Indian
Trail Board of Adjustment. The Board of Adjustment has ninety (90) days to hear the appeal
. and an additional sixty (60) days to respond in writing to the appellant with their findings via
registered or certified mail.
14

•
B. The Board of Adjustment shall provide the appellant a minimum of ten (10) days notice of
the time and place of the hearing.
C. If the Board of Adjustment determines that a penalty was properly charged, the appellant
must provide payment within thirty (30) days of receiving the Board's findings in writing.
Section 2 This Ordinance shall be effective upon adoption.
Adopted this 14 day o 0-/ • 2010.
TOWN COUNCIL
TOWN OF INDIAN TRAIL, NORTH CAROLI
ATT T:
Peggy Vieek, Town Clerk
•
APPROVED AS TO FORM
Keith J erritt, Town Attorney
•
15

TABLE OF CONTENTS
SECTION 1:
GENERAL PROVISIONS................................................................................................1
101
TITLE...............................................................................................................................1
102
AUTHORITY....................................................................................................................1
103
FINDINGS................................................................................................. ...................1
104
PURPOSE.......................................................................................................................1
(A)
General...........................................................................................................................1
(B)
Specific...........................................................................................................................1
105
APPLICABILITY AND JURISDICTION..........................................................................2
(A)
General............................................................................................................................2
(8)
Exemptions...................................................................................................................... 3
(C)
No Development or Redevelopment Until Compliance and Permit .................................. 3
(D)
Map.................................................................................................................................. 3
106
INTERPRETATION......................................................................................
(A)
Meaning and Intent.......................................................................................
A
Text Controls in Event of Conflict....................................................................................4
(C)
Authority for interpretation...............................................................................................4
(D)
References to Statutes, Regulations, and Documents....................................................4
(E)
Computation of Time.......................................................................................................4
(F)
Delegation of Authority....................................................................................................4
(G)
Usage...............................................................................................................................4
(1)
Mandatory and Discretionary Terms..............................................................................4
(2)
Conjunctions...................................................................................................................4
(3)
Tense, Plurals, and Gender............................................................................................4
(H)
Measurement and Computation......................................................................................4
107
DESIGN MANUAL..........................................................................................................5
(A)
Reference to Design Manual— ........................................................................................ 5
(B)
Relationship of Design Manual to Other Laws and Regulations.....................................5
(C)
Changes to Standards and Specifications.......................................................................5
(D)
Amendments to Design Manual.......................................................................................5
108
RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE AGREEMENTS
................................................................................................................................. 5
(A)
Conflict of Laws................................................................................................................ 5
(B)
Private Agreements......................................................................................................... 5
109
SEVERABILITY............................................................................................................... 6
110
EFFECTIVE DATE AND TRANSITIONAL PROVISIONS..............................................6
r
L_J

• (A) Effective Date...................................................................................................................6
(B)
Final Approvals, Complete Applications..........................................................................6
(C)
Violations Continue..........................................................................................................6
SECTION
2:
ADMINISTRATION AND PROCEDURES......................................................................7
201
REVIEW AND DECISION MAKING ENTITIES..............................................................7
(A)
Storm Water Administrator..............................................................................................
7
(1)
Designation.....................................................................................................................7
(2)
Powers and Duties..........................................................................................................7
202
REVIEW PROCEDURES................................................................................................8
(A)
Permit Required; Must Apply for Permit..........................................................................
8
(B)
Effect of Permit................................................................................................................
8
(C)
Authority to File Applications...........................................................................................
8
(D)
Establishment of Application Requirements, Schedule, and Fees ..................................
8
(1)
Application Contents and Form......................................................................................
8
(2)
Submission Schedule.....................................................................................................8
(3)
Permit Review Fees.......................................................................................................8
(4)
Administrative Manual....................................................................................................9
(E)
Submittal of Complete Application...................................................................................9
• (F)
Review.............................................................................................................................
9
(1)
Approval..........................................................................................................................
9
(2)
Fails to Comply...............................................................................................................9
(3)
Revision and Subsequent Review..................................................................................9
203
APPLICATIONS FOR APPROVAL..............................................................................10
(A)
Concept Plan and Consultation Meeting.......................................................................10
(1)
Existing Conditions 1 Proposed Site Plans...................................................................10
(2)
Natural Resources Inventory ........................................................................................10
(3)
Storm Water Management System Concept Plan........................................................10
(B)
Storm Water Management Permit Application..............................................................10
(C)
As -Built Plans and Final Approval ............................... ......11
204
APPROVALS.................................................................................................................11
(A)
Effect of Approval..........................................................................................................11
(B)
Time Limit/Expiration.................................................................................................11
205
APPEALS......................................................................................................................11
(A)
Right of Appeal..............................................................................................................
11
(B)
Filing of Appeal and Procedures....................................................................................12
(C)
Review by Superior Court..............................................................................................12
0 (D) Statutory Exceptions......................................................................................................12
ff

SECTION 3:
.....................
STANDARDS.................................................................................. .........14
301
GENERAL STANDARDS..............................................................................................14
302
WATERSHED DISTRICTS............................................................................................14
(A)
Twelve Mile and Crooked Creek District.......................................................................
14
(B)
Goose Creek District......................................................................................................
14
303
DEVELOPMENT STANDARDS FOR TWELVE MILE AND CROOKED CREEK
DISTRICT.....................................................................................................................14
(A)
Development Standards For Low Density Projects.......................................................14
(1)
Vegetated Conveyances..............................................................................................14
(2)
Stream Buffers..............................................................................................................14
(B)
Development Standards For High Density Projects......................................................15
(1)
Storm Water Quality Treatment Volume......................................................................15
(2)
Storm Water Quality Treatment....................................................................................15
(3)
Storm Water Treatment System Design.......................................................................15
(4)
Stream Buffers..............................................................................................................15
(5)
Storm Water Volume Control........................................................................................15
(6)
Storm Water Peak Control............................................................................................15
304
DEVELOPMENT STANDARDS FOR GOOSE CREEK DISTRICT .............................16
305
BUFFER DELINEATION...............................................................................................23
(A)
Determination of Surface Waters to be Buffered...........................................................23
(B)
Buffer Identification........................................................................................................
25
306
Diffuse Flow Requirement..........................................................................................25
307
Ponds...........................................................................................................................25
308
STANDARDS FOR STORM WATER CONTROL MEASURES...................................25
(A)
Evaluation According to Contents of Design Manual....................................................25
(B)
Determination of Adequacy; Presumptions and Alternatives.......:................................25
309
DEED RECORDATION AND INDICATIONS ON PLAT ...............................................26
SECTION 4:
MAINTENANCE............................................................................................................27
401
GENERAL STANDARDS FOR MAINTENANCE.........................................................27
(A)
Function of BMPs as Intended.... ...................................................................................
27
(B)
Annual Maintenance Inspection and Report..................................................................
27
402
OPERATION AND MAINTENANCE AGREEMENT.....................................................27
(A)
General..........................................................................................................................27
(B)
Special Requirement for Homeowners' and Other Associations... ................................
28
403
INSPECTION PROGRAM.............................................................. ...28
404
PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE...............28
405
RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES ..........................28

•
406
NUISANCE....................................................................................................................29
407
MAINTENANCE EASEMENT.......................................................................................29
SECTION
5:
VIOLATIONS AND ENFORCEMENT ............................ ...............30
501
GENERAL.....................................................................................................................30
(A)
Authority to Enforce.......................................................................................................30
(B)
Violation Unlawful..........................................................................................................30
(C)
Each Day a Separate Offense.......................................................................................
30
(D)
Responsible Persons/Entities........................................................................................30
(1)
Person Maintaining Condition Resulting In or Constituting Violation ...........................30
(2)
Responsibility For Land or Use of Land.......................................................................
30
502
................................................
INSPECTIONS AND INVESTIGATIONS ................... ...31
(A)
Authority to Inspect........................................................................................................31
(B)
Notice of Violation and Order to Correct........................................................................
31
(C)
Extension of Time..........................................................................................................31
(D)
Penalties Assessed Concurrent with Notice of Violation ...............................................
32
(E)
Authority to Investigate..................................................................................................
32
(F)
Enforcement After Time to Correct................................................................................32
(G)
Emergency Enforcement...............................................................................................
32
503
REMEDIES AND PENALTIES......................................................................................33
(A)
Remedies. ........ -- .................................................. ... -- ................................................
33
(1)
Withholding of Certificate of Occupancy......................................................................33
(2)
Disapproval of Subsequent Permits and Development Approvals ...............................
33
(3)
Injunction, Abatements, etc..........................................................................................33
(4)
Correction as Public Wealth Nuisance, Costs as Lien, etc...............................7...........33
(5)
Stop Work Order...........................................................................................................
33
(6)
Restoration of Areas Affected by Failure to Comply ....................................................
33
(B)
Civil Penalties................................................................................................................
34
(1)
Violations of Ordinance... ................................................... -- ......................................
34
(2)
Amount of Penalty........................................................................................................
34
(3)
Notice of Assessment of Civil Penalty..........................................................................34
(4)
Failure to Pay Civil Penalty Assessment......................................................................
34
(5)
Appeal of Remedy or Penalty.......................................................................................
35
(C)
Criminal Penalties..........................................................................................................35
SECTION 6.
DEFINITIONS................................................................ .............................36
El
IV

SECTION 1 GENERAL PROVISIONS
101 TITLE
This ordinance shall be officially known as the "Post -Construction Storm Water Ordinance." It is
referred to herein as "this ordinance."
102 AUTHORITY
The Town of Indian Trail is authorized to adopt this ordinance pursuant to North Carolina law,
including but not limited to Article 14, Section 5 of the Constitution of North Carolina; North
Carolina General Statutes 143-214.7 and rules promulgated by the Environmental Management
Commission thereunder; Session Law 2004-163; and N.C.G.S 160A, §§ 174, 185.
103 FINDINGS
It is hereby determined that:
Development and redevelopment alter the hydrologic response of local watersheds and increase
storm water runoff rates and volumes, flooding, soil erosion, stream channel erosion, non -point
source pollution, and sediment transport and deposition, as well as reduce groundwater recharge;
These changes in storm water runoff contribute to increased quantities of water -borne pollutants
and alterations in hydrology which are harmful to public health and safety as well as to the natural
environment; and
These effects can be managed and minimized by applying proper design and well -planned
controls to manage storm water runoff from development sites. is
Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and federal Phase II
Storm Water Rules promulgated under it, as well as rules of the North Carolina Environmental
Management Commission promulgated in response to federal Phase II requirements, compel
certain urbanized areas, including the Town of Indian Trail, to adopt storm water controls such as
those included in this ordinance.
Therefore, the Town of Indian Trail adopts this set of water quality and quantity regulations as
required by State and federal law regarding control of storm water runoff and discharge.
104 PURPOSE
(A) General
The purpose of this ordinance is to protect, maintain and enhance the public health,
safety, environment and general welfare by establishing minimum requirements and
procedures to control the adverse effects of increased post -construction storm water
runoff and non -point source pollution associated with new development and
redevelopment.
(B) Specific
This ordinance seeks to meet its general purpose through the following specific
objectives and means:
(1) Establishing decision -making processes for development to protect the integrity
of watersheds and preserve the health of water resources; 0
Indian Trail Post -Construction Storm Water Ordinance

(2) Minimizing changes to the pre -development hydrologic response for new
development and redevelopment in their post -construction state in accordance
with the requirements of this ordinance for the applicable design storm in order to
reduce flooding, stream bank erosion, and non -point and point source pollution,
as well as to maintain the integrity of stream channels, aquatic habitats and
healthy stream temperatures;
(3) Establishing minimum post -construction storm water management standards and
design criteria for the regulation and control of storm water runoff quantity and
quality;
(4) Establishing design and review criteria for the construction, function, and use of
structural storm water best management practices (hereinafter BMPs) that may
be used to meet the minimum post -development storm water management
standards required by state and federal authorities;
(5) Encouraging the use of better management and site design practices, such as
the use of vegetated conveyances for storm water and preservation of green
space, and other conservation areas;
(6) Establishing provisions for the long-term responsibility for and maintenance of
structural and nonstructural storm water BMPs to ensure that they continue to
function as designed, are maintained appropriately, and pose minimum risk to
public safety; and
(7) Establishing administrative procedures for the submission, review, approval and
disapproval of storm water management plans, for the inspection of approved
• projects, and to assure appropriate long-term maintenance.
105 APPLICABILITY AND JURISDICTION
•
(A) General
The requirements of this ordinance shall apply to all developments and redevelopments
within the corporate limits or in the extraterritorial jurisdiction, unless one of the following
exceptions applies to the development or redevelopment as of the effective date set by
this ordinance:
(1) Preliminary subdivision plan application or in the case of minor subdivisions,
construction plan for required improvements, submitted and accepted for review;
(2) Zoning use application submitted and accepted for review for uses that do not
require a building permit;
(3) Certificate of Building Code Compliance issued by the proper governmental
authority;
(4) Valid building permit issued pursuant to North Carolina General Statute 153A-
344, so long as the permit remains valid, unexpired, and not revoked; and/or
(5) Common law vested right established [e.g., the substantial expenditure of
resources (time, labor, money) based on a good faith reliance upon having
received a valid governmental approval to proceed with a project.
Indian Trail Post -Construction Storm Water Ordinance

(B) Exemptions
(1) Development that cumulatively disturbs less than one acre and is not part of a
larger common plan of development or sale is exempt from the provisions of this
ordinance.
(2) Redevelopment or expansion that cumulatively disturbs less than one acre and is
not part of a larger common plan of development or sale is exempt from the
provisions of this ordinance.
(3) Redevelopment or expansion that results in no net increase in built -upon area
and provides equal or greater storm water control that the previous development
is exempt from the requirements of this ordinance.
(4) Development and redevelopment that disturb less than one acre are not exempt
if such activities are part of a larger common plan of development or sale, even
though multiple, separate or distinct activities take place at different times on
different schedules.
(5) Activities exempt from permit requirements of Section 404 of the federal Clean
Water Act, as specified in 40 CFR 232 (primarily, ongoing farming and forestry
activities).
(C) No Development or Redevelopment Until Compliance and Permit
No development or redevelopment shall occur except in compliance with the provisions
of this ordinance or unless exempted. No development for which a permit is required
pursuant to this ordinance shall occur except in compliance with the provisions,
conditions, and limitations of the permit.
(D) Map
The provisions of this ordinance shall apply within the areas designated on the map titled
"Phase II Storm Water Map of the Town of Indian Trail, North Carolina" (hereafter
referred to as "the Storm Water Map"), which is adopted simultaneously herewith. The
Storm Water Map and all explanatory matter contained thereon is attached hereto and
incorporated herein as Exhibit A and is hereby made a part of this ordinance.
The Storm Water Map shall be kept on file by the Storm Water Administrator or designee
(hereinafter referred to as the "Storm Water Administrator") and shall be updated to take
into account changes in the land area covered by this ordinance and the geographic
location of all structural BMPs permitted under this ordinance. In the event of a dispute,
the applicability of this ordinance to a particular area of land or BMP shall be determined
by appeal through the Storm Water Administrator
106 INTERPRETATION
(A) Meaning and Intent
All provisions, terms, phrases, and expressions contained in this ordinance shall be
construed according to the general and specific purposes set forth in Section 104,
Purpose. If a different or more specific meaning is given for a term defined elsewhere in
the Code of Ordinances for the Town of Indian Trail, the meaning and application of the
term in this ordinance shall control for purposes of application of this ordinance.
0
Indian Trail Post -Construction Storm Water Ordinance

(B) Text Controls in Event of Conflict
In the event of a conflict or inconsistency between the text of this ordinance and
any heading, caption, figure, illustration, table, or map, the text shall control.
(C) Authority for Interpretation
The Storm Water Administrator has authority to interpret this ordinance. Any person may
request an interpretation by submitting a written request to the Storm Water Administrator
who shall respond in writing within 30 days. The Storm Water Administrator shall keep on
file a record of all written interpretations of this ordinance.
(D) References to Statutes, Regulations, and Documents
Whenever reference is made to a resolution, ordinance, statute, regulation, manual
(including the Design and Administrative Manuals), or document, it shall be construed as
a reference to the most recent edition of such that has been finalized and published with
due provision for notice and comment, unless otherwise specifically stated.
(E) Computation of Time
The time in which an act is to be done shall be computed by excluding the first day and
including the last day. If a deadline or required date of action falls on a Saturday, Sunday,
or holiday observed by the Town of Indian Trail, the deadline or required date of action
shall be the next day that is not a Saturday, Sunday or holiday observed by the Town of
Indian Trail. References to days are calendar days unless otherwise stated.
(F) Delegation of Authority
• Any act authorized by this ordinance to be carried out by the Storm Water Administrator
of the Town of Indian Trail may be carried out by his or her designee.
(G) Usage
(1) Mandatory and Discretionary Terms
The words "shall," "must," and "will" are mandatory in nature, establishing an
obligation or duty to comply with the particular provision. The words "may" and
"should" are permissive in nature.
(2) Conjunctions
Unless the context clearly indicates the contrary, conjunctions shall be
interpreted as follows: The word "and" indicates that all connected items,
conditions, provisions or events apply. The word "or" indicates that one or more
of the connected items, conditions, provisions or events apply.
(3) Tense, Plurals, and Gender
Words used in the present tense include the future tense. Words used in the
singular number include the plural number and the plural number includes the
singular number, unless the context of the particular usage clearly indicates
otherwise. Words used in the masculine gender include the feminine gender, and
vice versa.
(H) Measurement and Computation
0
4
Indian Trail Post -Construction Storm Water Ordinance

Disturbed area refers to the amount of horizontal land area contained inside the limits of
the land disturbance. Lot area refers to the amount of horizontal land area contained
inside the limits of the lot lines of a lot or site. 0
107 DESIGN MANUAL
(A) Reference to Design Manual
The Storm Water Administrator shall use the policy, criteria, and information, including
technical specifications and standards, in the Design Manual as the basis for decisions
about Storm Water Management Permits and about the design, implementation and
performance of structural and non-structural storm water BMPs.
The Design Manual includes a list of acceptable storm water treatment practices,
including the specific design criteria for each storm water practice. Storm water treatment
practices that are designed and constructed in accordance with these design and sizing
criteria will be presumed to meet the minimum water quality performance standards of
this ordinance and the federal Phase II Storm Water Rules. Failure to construct storm
water treatment practices in accordance with these criteria may subject the violator to a
civil penalty as described in Section 5 of this ordinance.
(B) Relationship of Design Manual to Other Laws and Regulations
If the specifications or guidelines of the Design Manual are more restrictive or apply a
higher standard than other laws or regulations, that fact shall not prevent application of
the specifications or guidelines in the Design Manual.
(C) Changes to Standards and Specifications
Standards, specifications, guidelines, policies, criteria, or other information in the Design
Manual in affect at the time of acceptance of a complete application shall control and
shall be utilized in reviewing the application and in implementing this ordinance with
regard to the application.
(D) Amendments to Design Manual
The Design Manual may be updated and expanded from time to time, based on
advancements in technology and engineering, improved knowledge of local conditions, or
local monitoring or maintenance experience.
Prior to amending or updating the Design Manual, proposed changes shall be generally
publicized and made available for review, and an opportunity for comment by interested
persons shall be provided.
108 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE AGREEMENTS
(A) Conflict of Laws
This ordinance is not intended to modify or repeal any other ordinance, rule, regulation or
other provision of law. The requirements of this ordinance are in addition to the
requirements of any other ordinance, rule, regulation or other provision of law, and where
any provision of this ordinance imposes restrictions different from those imposed by any
other ordinance, rule, regulation or other provision of law, whichever provision is more
restrictive or imposes higher protective standards for human or environmental health,
safety, and welfare, shall control.
(B) Private Agreements is
Indian Trail Post -Construction Storm Water Ordinance

• This ordinance is not intended to revoke or repeal any easement, covenant, or other
private agreement. However, where the regulations of this ordinance are more restrictive
or impose higher standards or requirements than such easement, covenant, or other
private agreement, then the requirements of this ordinance shall govern. Nothing in this
ordinance shall modify or repeal any private covenant or deed restriction, but such
covenant or restriction shall not legitimize any failure to comply with this ordinance. In no
case shall the Town of Indian Trail be obligated to enforce the provisions of any
easements, covenants, or agreements between private parties.
109 SEVERABILITY
If the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance
shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or
invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this
ordinance.
110 EFFECTIVE DATE AND TRANSITIONAL PROVISIONS
(A) Effective Date
This ordinance shall take effect on June 8, 2010.
(B) Final Approvals, Complete Applications
All development and redevelopment projects for which complete and full applications
were submitted by the Town of Indian Trail prior to the effective date of this ordinance
shall be exempt from complying with the provisions of this ordinance.
• (C) Violations Continue
Any violation of the provisions of this ordinance existing as of the effective date
of this ordinance shall continue to be a violation under this ordinance and be subject to
penalties and enforcement unless the use, development, construction, or other activity
complies with the provisions of this ordinance.
s
6
Indian Trail Post -Construction Storm Water Ordinance

SECTION 2 ADMINISTRATION AND PROCEDURES
201 REVIEW AND DECISION MAKING ENTITIES
(A) Storm Water Administrator
(1) Designation
A Storm Water Administrator shall be designated by the Town of Indian Trail for the
purpose of administering and enforcing this ordinance.
(2) Powers and Duties
In addition to the powers and duties that may be conferred by other provisions of any
other ordinance of the Town of Indian Trail Zoning and any other applicable other law
or regulation, the Storm Water Administrator shall have the following powers and
duties under this ordinance:
(a) To review and approve or disapprove applications submitted pursuant to this
ordinance.
(b) To make determinations and render interpretations of this ordinance.
(c) To establish application requirements and schedules for submittal and review of
applications and appeals.
•
(d) To enforce this ordinance in accordance with its enforcement provisions. 0
(e) To maintain records, maps, and official materials as relate to the adoption,
amendment, enforcement, or administration of this ordinance.
(f) To provide expertise and technical assistance upon request to the Town of Indian
Trail and its Boards, Commissions, or Committees.
(g) To designate appropriate other person(s) who shall carry out the powers and
duties of the Storm Water Administrator.
(h) To provide information and recommendations relative to variances and
information as requested by the Town Council, or the Boards, Commissions, or
Committees of the Town of Indian Trail in response to appeals or as requested by
said bodies.
(i) To take any other action necessary to administer the provisions of this ordinance.
0
7
Indian Trail Post -Construction Storm Water Ordinance

• 202 REVIEW PROCEDURES
(A) Permit Required; Must Apply for Permit
A Storm Water Management Permit is required for all development and
redevelopment unless exempt pursuant to this ordinance. A permit may only be issued
subsequent to a properly submitted, reviewed and approved permit application, pursuant to
this Section. The content and form of the permit shall be established by the Storm Water
Administrator.
(B) Effect of Permit
A Storm Water Management Permit shall govern the design, installation, and construction of
storm water management and control practices on the site, including structural BMPs and
elements of site design for storm water management other than structural BMPs.
The permit is intended to provide a mechanism for the review, approval, and inspection of the
approach to be used for the management and control of storm water for the development or
redevelopment site consistent with the requirements of this ordinance, whether the approach
consists of structural BMPs or other techniques such as low -impact or low -density design.
Compliance after project construction is assured by the maintenance provision of this
ordinance.
(C) Authority to File Applications
All applications required pursuant to this ordinance shall be submitted to the Storm Water
Administrator by the land owner or the land owner's duly authorized agent or anyone having
. interest in the property by reason of a written contract with the owner.
(D) Establishment of Application Requirements, Schedule, and Fees
A
(1) Application Contents and Form
The Storm Water Administrator shall establish requirements for the content and form
of all applications and shall amend and update those requirements from time to time.
At a minimum, the Storm Water Management Permit Application shall describe in
detail how post -construction storm water runoff will be controlled and managed, the
design of all storm water facilities and practices, and how the proposed project will
meet the requirements of this ordinance.
(2) Submission Schedule
The Storm Water Administrator shall establish a submission schedule for applications.
The schedule shall establish deadlines by which complete applications must be
submitted for the purpose of ensuring that there is adequate time to review
applications, and that the various stages in the review process are accommodated.
(3) Permit Review Fees
The Town of Indian Trail shall establish permit review fees as well as policies
regarding refund of any fees upon withdrawal of an application, and may amend and
update the fees and policies from time to time.
Indian Trail Post -Construction Storm Water Ordinance

(4) Administrative Manual 1101
For applications required under this ordinance, the Storm Water Administrator shall
compile into an Administrative Manual the application requirements,
submittal checklist, submission schedule, fee schedule, maintenance agreements, a
copy of this ordinance, and where to obtain the Design Manual, as well as other
information and materials necessary for the effective administration of this ordinance.
This Administrative Manual shall be made available to the public.
(E) Submittal of Complete Application
Applications shall be submitted to the Storm Water Administrator pursuant to the application
submittal schedule in the form established by the Storm Water Administrator, along with the
appropriate fee established pursuant to this Section.
An application shall be considered as timely submitted only when it contains all elements of a
complete application pursuant to this ordinance, along with the appropriate fee. If the Storm
Water Administrator finds that an application is incomplete, the applicant shall be notified of
the deficient elements and shall be provided with an opportunity to submit a complete
application. However, the submittal of an incomplete application shall not suffice to meet a
deadline contained in the submission schedule established above.
(F) Review
Within 30 working days after a complete application is submitted, the Storm Water
Administrator shall review the application and determine whether the application complies with
the standards of this ordinance.
(1) Approval
If the Storm Water Administrator finds that the application complies with the standards
of this ordinance, the Storm Water Administrator shall approve the application and
issue a Storm Water Management Permit to the applicant. The Storm Water
Administrator may impose conditions of approval as needed to ensure compliance
with this ordinance. The conditions shall be included in the permit as part of the
approval.
(2) Fails to Comply
If the Storm Water Administrator finds that the application fails to comply with the
standards of this ordinance, the Storm Water Administrator shall notify the applicant
and shall indicate how the application fails to comply. The applicant shall have an
opportunity to submit a revised application.
(3) Revision and Subsequent Review
A complete revised application shall be reviewed by the Storm Water Administrator
within 15 working days after its re -submittal and shall be approved, approved with
conditions or disapproved.
If a revised application is not re -submitted within sixty (60) calendar days from the
date the applicant was notified, the application shall be considered withdrawn, and a
new submittal for the same or substantially the same project shall be required along
with the appropriate fee.
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203 APPLICATIONS FOR APPROVAL
(A) Concept Plan and Consultation Meeting
Before a storm water management permit application is submitted, the Storm Water
Administrator or land owner or the land owner's duly authorized agent or anyone having
interest in the property by reason of a written contract with the owner may request
consultation(s) on a concept plan for the post -construction storm water management system to
be utilized in the proposed development project. This consultation meeting(s) should take
place at the time of the preliminary plan of the subdivision or other early step in the
development process. The purpose of this meeting(s) is to discuss the post -construction storm
water management measures necessary for the proposed project, as well as to discuss and
assess constraints, opportunities and potential approaches to storm water management
designs before formal site design engineering is commenced. Local watershed plans and
other relevant resource protection plans may be consulted in the discussion of the concept
plan.
At the time of concept plan submittal, the following information should be included in the
concept plan, which should be submitted in advance of the meeting as specified in the
Administrative Manual:
(1) Existing Conditions 1 Proposed Site Plans
Existing conditions and proposed site layout sketch plans, which illustrate at a
minimum: existing and proposed topography; perennial and intermittent streams;
mapping of predominant soils from soil surveys; boundaries of existing predominant
vegetation and proposed limits of clearing and grading; and location of existing and
proposed roads, buildings, parking areas and other impervious surfaces.
• (2) Natural Resources Inventory
0
A written or graphic inventory of the natural resources at the site and surrounding area
as it exists prior to the commencement of the project. This description should include a
discussion of soil conditions, forest cover, geologic features, topography, wetlands,
and native vegetative areas on the site, as well as the location and boundaries of
other natural feature protection and conservation areas such as lakes, ponds,
floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks,
septic system setbacks, etc.). Particular attention should be paid to environmentally
sensitive features that provide particular opportunities or constraints for development.
(3) Storm Water Management System Concept Plan
A written or graphic concept plan of the proposed post -construction storm water
management system including: preliminary selection and location of proposed
structural storm water controls; low impact design elements; location of existing and
proposed conveyance systems such as grass channels, swales, and storm drains;
flow paths; location of all floodplainlfloodway limits; relationship of site to upstream
and downstream properties and drainages; and preliminary location of proposed
stream channel modifications, such as bridge or culvert crossings.
(B) Storm Water Management Permit Application
The Storm Water Management Permit Application shall detail how post -construction storm
water runoff will be controlled and managed and how the proposed project will meet the
requirements of this ordinance, including Section 3, Standards. All such plans submitted with
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Indian Trail Post -Construction Storm Water Ordinance

the application shall be prepared by a registered North Carolina professional engineer or
landscape architect. The engineer or landscape architect shall perform services only in their
area of competence, and shall verify that the design of all storm water management facilities
and practices meets the submittal requirements for complete applications, that the designs
and plans are sufficient to comply with applicable standards and policies found in the Design
Manual, and that the designs and plans ensure compliance with this ordinance.
The submittal shall include all of the information required in the submittal checklist established
by the Storm Water Administrator. Incomplete submittals shall be treated pursuant to Section
202 (E).
(C) As -Built Plans and Final Approval
The applicant shall certify that the completed project is in accordance with the approved storm
water management plans and designs, and shall submit actual "as- built" plans for all storm
water management facilities or practices after final construction is completed. Failure to
provide approved as -built plans within the time frame specified by the Storm Water
Administrator may result in assessment of penalties as specified in Section 5, Violations and
Enforcement. At the discretion of the Storm Water Administrator, performance securities or
bonds may be required for storm water management facilities or practices until as -built plans
are approved and for one year thereafter.
As -built plans shall show the final design specifications for all storm water management
facilities and practices and the field location, size, depth, and planted vegetation of all
measures, controls, and devices, as installed. The designer of the storm water management
measures and plans shall certify, under seal, that the as -built storm water measures, controls,
and devices are in compliance with the approved storm water management plans and designs
and with the requirements of this ordinance.
Final as -built plans and a final inspection and approval by the Storm Water Administrator are •
required before a project is determined to be in compliance with this ordinance. At the
discretion of the Storm Water Administrator, certificates of occupancy and any other permits or
certifications issued by the Town may be withheld pending receipt of as -built plans and the
completion of a final inspection and approval of a project.
204 APPROVALS
(A) Effect of Approval
Approval authorizes the applicant to go forward with only the specific plans and activity
authorized in the permit. The approval shall not be construed to exempt the applicant from
obtaining other applicable approvals from local, State, and federal authorities.
(B) Time Limit/Expiration
A Storm Water Management Permit and accompanying plan approved under the provisions of
this ordinance shall remain valid for a period of three years from the date of approval. If no
work on the site in furtherance of the plan has commenced within the three-year period, the
permit and plan approval will become null and void and a new application will be required to
develop the site. If work on the site in furtherance of the plan has commenced that involves
any utility installations or street improvements except grading, the permit and plan shall remain
valid and in force and the project may be completed in accordance with the approved plan.
205 APPEALS
(A) Right of Appeal 0
Indian Trail Post -Construction Storm Water Ordinance

• Any aggrieved person affected by any decision, order, requirement, or determination relating
to the interpretation or application of this ordinance and made by the Storm Water
Administrator may file an appeal to the Board of Adjustment for the Town of Indian Trail within
30 days.
(B) Filing of Appeal and Procedures
Appeals shall be taken within the specified time period by filing a notice of appeal and
specifying the grounds for appeal on forms provided by the Town of Indian Trail. The Storm
Water Administrator shall forthwith transmit to the Board of Adjustment all documents
constituting the record on which the decision appealed from was taken. If the Stormwater
Management Plan was submitted in conjunction with a request for Conditional Zoning or as a
part of a Unified Development Ordinance, the appeal shall follow the same procedure,
including any provisions for judicial review, as set forth in the applicable ordinances or laws
relating to the procedures for Conditional Zoning or a Unified Development Ordinance.
The hearing conducted by the Board of Adjustment shall be conducted in the nature of a
quasi-judicial proceeding in accordance with the Town of Indian Trail Zoning Ordinance or by
the body and in the manner, including any provision for judicial review, designated by the
applicable law and ordinance for Conditional Zoning or the Unified Development Ordinance..
(C) Review by Superior Court
If the Stormwater Management Plan was submitted in conjunction with a request for
Conditional Zoning or as a part of a Unified Development Ordinance, judicial review shall follow
the same procedures as set forth in the applicable ordinances or laws relating to the
procedures for Conditional Zoning or a Unified Development Ordinance.
• Every decision of the Board of Adjustment shall be subject to Superior Court review by
proceedings in the nature of certiorari. Petition for review by the superior Court shall be filed
with the Clerk of Superior Court within thirty (30) days after the latter of the following:
(1) The decision of the Board of Adjustment is filed; or
(2) A written copy thereof is delivered to every aggrieved party who has filed a written
request for such copy with the Board of Adjustment at the time of its hearing of the
case.
(D) Statutory Exceptions
(1) The Storm Water Administrator may grant exceptions from the buffer requirements of
this ordinance as well as the deed restrictions and protective covenant requirements
as follows:
(a) Unnecessary hardships would result from strict application of the ordinance.
(b) The hardships result from conditions that are peculiar to the property, such as
location, size, or topography of the property.
(c) The hardships did not result from actions taken by the petitioner.
(d) The requested exception is consistent with the spirit, purpose, and intent of
this act; will protect water quality; will secure public safety and welfare; and
will preserve substantial justice. Merely proving that the exception would
permit a greater profit from the property shall not be considered adequate
justification for the exception.
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(2) Notwithstanding subdivision (1) of this Section, exceptions shall be granted in any of
the following instances: 0
(a) When there is a lack of practical alternatives for a road crossing, railroad
crossing, bridge, airport facility, or utility crossing as long as it is located,
designed, constructed, and maintained to minimize disturbance, provide
maximum nutrient removal, protect against erosion and sedimentation, have
the least adverse effects on aquatic life and habitat, and protect water quality
to the maximum extent practicable through the use of BMPs.
(b) When there is a lack of practical alternatives for a storm water management
facility; a storm water management pond; or a utility, including, but not limited
to, water, sewer, or gas construction and maintenance corridor, as long as it is
located 15 feet landward of all perennial and intermittent surface waters and
as long as it is located, designed, constructed, and maintained to minimize
disturbance, provide maximum nutrient removal, protect against erosion and
sedimentation, have the least adverse effects on aquatic life and habitat, and
protect water quality to the maximum extent practicable through the use of
BMPs.
(c) A lack of practical alternatives may be shown by demonstrating that,
considering the potential for a reduction in size, configuration, or density of the
proposed activity and all alternative designs, the basic project purpose cannot
be practically accomplished in a manner which would avoid or result in less
adverse impact to surface waters.
0
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• SECTION 3 STANDARDS
301 GENERAL STANDARDS
All development and redevelopment to which this ordinance applies shall comply with the standards of
this Section.
302 WATERSHED DISTRICTS
Standards for development and redevelopment vary depending on the watershed district in which a
project is located as described in the Storm Water Map of the Town of Indian Trail, North Carolina,
which is adopted simultaneously herewith as described in Section 105(D). The Town of Indian Trail is
divided into the following watershed districts for purposes of this ordinance.
(A) Twelve Mile and Crooked Creek District
That area of land that drains to Twelve Mile Creek and Crook Creek in the Town of Indian
Trail, including all creeks and tributaries.
(sJ Goose Creek District
That area of land that drains to Goose Creek in the Town of Indian Trail, including all creeks
and tributaries.
303 DEVELOPMENT STANDARDS FOR TWELVE MILE AND CROOKED CREEK DISTRICT
• (A) Development Standards for Low Density Projects
0
Any drainage area within a project is considered low density when said drainage area has less
than 24°/a built upon area. Such low -density projects shall comply with each of the following
standards.
(1) Vegetated Conveyances
Storm water runoff from the development shall be transported from the development
by vegetated conveyances to the maximum extent practicable.
(2) Stream Buffers
All built -upon area shall be at a minimum of 30 feet landward of all perennial and
intermittent surface waters in the Twelve Mile Creek and Crook Creek Watersheds.
Buffer widths shall be measured horizontally on a line perpendicular to the surface
water, landward from the top of the bank on each side of the stream. Allowable
stream buffer uses include the following: road crossings, driveway crossings,
greenwaylhiking trails, bike trails, fences, utility line crossings, parallel or near parallel
utility lines, flood control structures, stream and bank stab i I izatio n /restoration projects,
grading and revegetation, storm water best management practices, temporary
sediment and erosion control devices, animal trails, and activities permitted under
Section 404 of the Clean Water Act.
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(B) Development Standards For High Density Projects 0
Any drainage area within a project is considered high density when said drainage area has
greater than or equal to 24% built upon area. Such high -density projects shall implement
storm water treatment systems that comply with each of the following standards:
(1) Storm Water Quality Treatment Volume
Storm water quality treatment systems shall treat the runoff generated from the first
inch of rainfall.
(2) Storm Water Quality Treatment
All structural storm water treatment systems used to meet these requirements shall be
designed to have a minimum of 85% average annual removal for Total Suspended
Solids.
(3) Storm Water Treatment System Design
General engineering design criteria for all projects shall be in accordance with 15A
NCAC 2H .1008(c), as explained in the Design Manual.
(4) Stream Buffers
All built -upon area shall be at a minimum of 30 feet landward of all perennial and
intermittent surface waters in the Twelve Mile Creek and Crooked Creek Watersheds.
Buffer widths shall be measured horizontally on a line perpendicular to the surface
water, landward from the top of the bank on each side of the stream. Allowable
stream buffer uses include the following: road crossings, driveway crossings, •
greenwaylhiking trails, bike trails, fences, utility line crossings, parallel or near parallel
utility lines, flood control structures, stream and bank stabilizationlrestoration projects,
grading and revegetation, storm water best management practices, temporary
sediment and erosion control devices, animal trails, and activities permitted under
Section 404 of the Clean Water Act.
(5) Storm Water Volume Control
Storm water treatment systems shall be installed to control the difference in the storm
water runoff from the pre -development and post -development conditions for the 1-
year, 24-hour storm. Runoff volume drawdown time shall be a minimum of 24 hours,
but not more than 120 hours.
(6) Storm Water Peak Control
Peak control shall be installed to control the 1, 2, 10, 25, 50 and 100-year, 24-hour
storm events. The emergency overflow and outlet works for any pond or wetland
constructed as a storm water BMP shall be capable of safely passing a discharge with
a minimum recurrence frequency as specified in the Design Manual. For detention
basins, the temporary storage capacity shall be restored within 72 hours.
Requirements of the Dam Safety Act shall be met when applicable.
0
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. 304 DEVELOPMENT STANDARDS FOR GOOSE CREEK DISTRICT
All development and redevelopment in the Goose Creek District shall comply with the requirements of
the State of North Carolina Department of Environment & Natural Resources Site Specific Water
Quality Management Plan for the Goose Creek Watershed, North Carolina Administrative Code:
15A NCAC 213.0600 - .0609.
(A) Storm Water Control Requirements (15A NCAC 02B .0602)
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 comply with each of the
following standards:
(1) Storm Water Infiltration Measures
Implement stormwater management measures that promote infiltration of flows and
groundwater recharge for the purpose of maintaining stream base flow,
(2) Storm Water Quality Treatment
All structural storm water treatment systems used to meet these requirements shall be
designed to have a minimum of 85% average annual removal for Total Suspended
Solids.
(3) Storm Water Treatment System Design
General engineering design criteria for all projects shall be in accordance with 15A
NCAC 2H .1008(c), as explained in the Design Manual.
• (4) Storm Water Volume Control
Storm water treatment systems shall be installed to control the difference in the storm
water runoff from the pre -development and post -development conditions for the 1-
year, 24-hour storm. Runoff volume drawdown time shall be a minimum of 48 hours,
but not more than 120 hours. Storm water volume shall discharge at a rate equal to or
less than the pre -development discharge rate for the 1-year, 24-hour storm.
(5) Storm Water Peak Control
For developments greater than or equal to 10% built upon area (high density
developments), peak control shall be installed to control the 1, 2, 10, 25, 50 and 100-
year, 24-hour storm events. The emergency overflow and outlet works for any pond
or wetland constructed as a storm water BMP shall be capable of safely passing a
discharge with a minimum recurrence frequency as specified in the Design Manual.
For detention basins, the temporary storage capacity shall be restored within 72
hours. Requirements of the Dam Safety Act shall be met when applicable.
(B) Riparian Buffers (15A NCAC 02B .0605 - .0607)
(1) 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.
(2) Redevelopment of residential structures is allowed. Redevelopment of non-residential
structures is allowed provided that less than an additional 0.50 acre is disturbed during
the redevelopment activity.
IG
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(3) Activities Within Riparian Buffers 0
See Table 1 below for Exempt, Potentially Allowable, and Prohibited Activities within
Riparian Buffers.
Variance requests: Persons who wish to undertake uses designated as prohibited
within the protected riparian buffer area may pursue a variance. Variance requests are
made directly to the North Carolina Department of Environment and Natural
Resources, Division of Water Quality, The variance request procedure is set forth in
15 NCAC 02B.0606.
Table 1 Exempt, Potentially Allowable, and Prohibited Activities within Riparian Buffers
Exempt
Potentially
Prohibited
Allowable
Airport facilities:
that impact equal to or less than 150 linear feet or one-
X
third of an acre of riparian buffer;
that impact greater than 150 linear feet or one-third of
X*
an acre of riparian buffer
Archaeological activities
X
Bridges
X
Dam maintenance activities
X
Drainage ditches, roadside ditches and stormwater
outfalls through riparian buffers:
Existing drainage ditches, roadside ditches, and
X
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
X
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
X
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
Drainage of a pond in a natural drainage way provided
X
that a new riparian buffer that meets the diffuse flow
requirements of this ordinance is established adjacent to
the new channel
Driveway crossings of streams and other surface waters
subject to this ordinance:
Driveway crossings on single family residential lots
X
that disturb equal to or less than 25 linear feet in
width and are perpendicular 3;
X
Driveway crossings on single family residential lots
that disturb greater than 25 linear feet in width and
are perpendicular3;
X
In a subdivision that cumulatively disturbs equal to
or less than 150 linear feet in width and are
perpendicular
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•
4)

E
•
0
Exempt
Potentially
Prohibited
Allowable
In a subdivision that cumulatively disturbs greater
X*
than 150 linear feet in width and are perpendicular
Fences provided that disturbance is minimized and
X
installation does not result in removal of forest vegetation
Forest harvesting — see 15A NCAC 2B .0608
Fertilizer application:
. One-time fertilizer application at agronomic rates
X
to establish replanted vegetation;
Ongoing fertilizer application
X
Greenway1hiking trails
X
Historic preservation
X
Landfills as defined by G.S. 130A-290
X
Mining activities:
• Mining activities that are covered by the Mining
X
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
X
diffuse flow requirements of this ordinance are
not established adjacent to the relocated channels;
Wastewater or mining dewatering wells with
approved NPDES permit
X*
Non -electric utility lines with impacts other than
perpendicular crossings 3:
If activity is within 50 feet of the stream;
X*
If activity is outside of the inner 50 feet nearest the
X
stream;
Wastewater collection system utility lines and lift
X*
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
X*
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.
Non -electric utility line perpendicular crossing of streams
and other surface waters subject to this Rule that are not
collection systems3:
X
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
X
with a maintenance corridor greater than 10 feet
in width;
Perpendicular crossings that disturb greater than
X
40 linear feet but equal to or less than 150 linear
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Indian Trail Post -Construction Storm Water Ordinance

Exempt
Potentially
Prohibited
Allowable
feet of riparian buffer with a maintenance corridor
equal to or less than 10 feet in width;
Perpendicular crossings that disturb greater than
X*
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;
X*
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
X
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
X
other pollution through the riparian buffer by the
most appropriate exempt method.
On -site sanitary sewage systems - new ones that use
X
ground absorption
Overhead electric utility lines :
Stream crossings that disturb equal to or less than
X
150 linear feet of riparian buffer;
Stream crossings that disturb greater than 150
X*
linear feet of riparian buffer
Periodic maintenance of modified natural streams such as
X
canals and a grassed travelway on one side of the surface
water when alternative forms of maintenance access are
not practical.
Playground equipment:
. Playground equipment on single family lots
X
provided that installation and use does not result in
removal of vegetation;
Playground equipment installed on lands other than
X
single-family lots or that requires removal of
vegetation
Ponds in natural drainage ways, excluding dry ponds:
• New ponds provided that a riparian buffer that
meets the diffuse flow requirements of this ordinance
X
is established adjacent to the pond;
New ponds where a riparian buffer that meets the
diffuse flow requirements of this ordinance is
X
NOT established adjacent to the pond
Protection of existing structures, facilities and streambanks
X
when this requires additional disturbance of the riparian
buffer or the stream channel
Railroad impacts other than crossings of streams and
X
other surface waters subject to this ordinance
Railroad crossings of streams and other surface waters
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Indian Trail Post -Construction Storm Water Ordinance
•
•
40

•
•
•
Exempt
Potentially
Prohibited
Allowable
subject to this ordinance:
• Railroad crossings that impact equal to or less
X
than 40 linear feet of riparian buffer;
Railroad crossings that impact greater than 40
X
linear feet but equal to or less than 150 linear feet of
riparian buffer
Railroad crossings that impact greater than 150
X
linear feet of riparian buffer
Removal of previous fill or debris provided that diffuse flow
X
is maintained and any vegetation removed is restored
Road impacts other than crossings of streams and other
X"
surface waters subject to this Rule
Road crossings of streams and other surface waters
subject to this ordinance:
-Road crossings that impact equal to or less than
X
40 linear feet of riparian buffer and is
perpendicular;
Road crossings that impact greater than 40 linear
X
feet but equal to or less than 150 linear feet and is
perpendicular;
Road crossings that impact greater than 150 linear
X`
feet of riparian buffer
Scientific studies and stream gauging
X
Stormwater management ponds excluding dry ponds:
,New stormwater management ponds provided that
X
a riparian buffer that meets the diffuse flow
requirements of this Rule is established adjacent to
the pond;
New stormwater management ponds where a
X
riparian buffer that meets the diffuse flow
requirements of this ordinance is NOT established
adjacent to the pond
Stream restoration
X
Streambank stabilization
X
Temporary roads:
-Temporary roads that disturb less than or equal to
X
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
X
within six months of initial disturbance;
Temporary roads used for bridge construction or
replacement provided that restoration activities, such
X
as soil stabilization and revegetation, are
conducted immediately after construction
Temporary sediment and erosion control devices:
-To control impacts associated with uses approved
X
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
X
measures for work within a stream channel
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Exempt
Potentially
Prohibited
Allowable
Underground electric utility lines:
Impacts other than perpendicular crossing s 34
X
Underground electric utility line perpendicular crossings
of streams and other surface waters subject to this
ordinance:
-Perpendicular crossings that disturb less than or
X
equal to 40 linear feet of riparian buffer 3.4;
Perpendicular crossings that disturb greater than
X
40 linear feet of riparian buffer34
Vegetation management:
Emergency fire control measures provided
X
that topography is restored;
Planting vegetation to enhance the riparian buffer;
X
Pruning forest vegetation provided that the health
and function of the forest vegetation is not
X
compromised;
Removal of individual trees which are in danger of
causing damage to dwellings, other structures or
X
human life;
Removal of poison ivy;
X
Removal of understory nuisance vegetation as
X
defined in: Smith, Cherri L. 1998. Exotic Plant
Guidelines. Department of Environment and Natural
Resources. Division of Parks and Recreation.
Raleigh, NC.Guideline #30
Water dependent structures as defined in 15A NCAC 02B
X
.0202
Water wells
X
Wetland restoration
X
* Potentially allowable requires, at a minimum, DWQ approval. The (X*) identifies those uses that require both
DWQ approval and mitigation.
Table 1 Notes:
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.
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Indian Trail Post -Construction Storm Water Ordinance
•
•

. 3. Perpendicular crossings are those that intersect the surface water at an angle between 75 degrees and 105
degrees.
•
0
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:
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.
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305 BUFFER DELINEATION 0
Goose Creek District Buffer Delineation shall comply with the requirements of the State of
North Carolina Department of Environment & Natural Resources Site Specific Water Quality
Management Plan for the Goose Creek Watershed, North Carolina Administrative Code: 15A
NCAC 213.0600 - .0609.
Twelve Mile and Crooked Creek District Buffer Delineation shall comply with the following:
(A) Determination of Surface Waters to be Buffered
The buffer requirements of this ordinance shall apply as stated in Sections 303(A)(2),
303(B)(4), 304(B) and 304(B) if a surface water is shown on either the most recent
version of the Soil Survey Map prepared by the Natural Resources Conservation Service
of the United States Department of Agriculture (USDA) or the most recent version of the
1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States
Geologic Survey (USGS). Surface waters that do not appear on either of the
aforementioned maps shall not be subject to the aforementioned buffer requirements of
this ordinance. Surface waters that appear on either of the aforementioned maps shall
be subject to this ordinance unless one of the following applies.
(1) Exemption when an on -site determination shows that surface waters are not
rep sent. Surface waters include intermittent streams, perennial streams, lakes,
ponds, and estuaries. Wetlands are excluded. Wetlands adjacent to surface
waters or within 50 feet of surface waters shall be considered as part of the
riparian buffer but are regulated pursuant to 15A NCAC 2H .0506. When a
landowner or other affected party believes that the USDA or USGS maps
described in this Section inaccurately depict surface waters, he or she shall
consult with the Storm Water Administrator. Upon request, the Storm Water
Administrator shall make on -site determinations. Such determinations can also
be made at the discretion of the Storm Water Administrator in the absence of a
request from a landowner or other concerned party. The buffer requirements of
this ordinance shall apply based on these determinations. Surface waters that
appear on the maps shall not be subject to this ordinance if an on -site
determination by the Storm Water Administrator shows that they fall into one of
the following categories.
(a) Ditches and manmade conveyances other than modified natural streams
unless constructed for navigation or boat access;
(b) Manmade ponds and lakes that are not intersected by a buffered stream
segment and that are located outside natural drainage ways; and
(c) Ephemeral (storm water) streams.
(2) Exemption when existing uses are present and ongoing. The buffer
requirements of this ordinance shall not apply to portions of buffers where a use
is existing and ongoing. Only the portion of the 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 North Carolina Department of
Environment and Natural Resources, 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:
(a) A use that was present within the riparian buffer as of the effective date
of this ordinance and has continued since that time. Existing uses shall
include, but not be limited to, agriculture, buildings, industrial facilities,
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J
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 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 ordinance and existing diffuse flow is
maintained.
(b) A use that can be documented to the Division of Water Quality that
meets at least one of the following criteria:
(1) Project requires a 401 Certification/404 Permit, issued prior to
the effective date of this ordinance and are still valid;
(2) 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 ordinance;
(3) Project is being reviewed through the Clean Water Act Section
4041National 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 ordinance; or
(4) Project is not required to be reviewed by the Clean Water Act
Section 4041National 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 ordinance.
(c) At the time the existing use is changed to another use, this ordinance
shall apply. An existing use shall be considered converted to another
use or a change of use, if any of the following applies:
(1) Impervious surface is added to the riparian buffer in locations
where it did not exist previously.
(2) An agricultural operation within the riparian buffer is converted to
a non-agricultural use.
(3) A lawn within the riparian buffer ceases to be maintained.
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(B) Buffer Identification
The following buffer identifications are required:
(1) Surface waters and buffer boundaries must be clearly identified on all
construction plans, including grading and clearing plans, erosion, drainage and
sediment control plans and site plans.
(2) Outside buffer boundaries must be clearly marked on -site prior to any land
disturbing activities.
(3) The outside boundary of the buffer must be permanently marked at highway
stream crossings.
(4) Surface waters and buffer boundaries must be specified on all surveys and
record plats.
(5) Buffer boundaries as well as all buffer requirements must be specified on all
surveys and record plats, on individual deeds and in property association
documents for lands held in common.
306 DIFFUSE FLOW REQUIREMENT
Direct discharges of runoff to streams are not allowed. Diffuse flow of runoff shall be maintained
in the buffer by dispersing concentrated flow and reestablishing vegetation as follows:
(techniques for providing diffuse flow are also specified in the Design Manual):
(1) Concentrated runoff from new ditches or other manmade conveyances shall be
converted to diffuse flow before the runoff enters the buffer.
(2) Periodic corrective action to restore diffuse flow shall be taken by the property owner if
necessary to impede the formation of erosion gullies.
307 PONDS
Ponds which intersect the stream channel shall have the same buffers as the original stream
measured from the top of the bank of the pond.
308 STANDARDS FOR STORM WATER CONTROL MEASURES
(A) Evaluation According to Contents of Design Manual
All storm water control measures and storm water treatment practices (also
referred to as Best Management Practices, or BMPs) required under this ordinance shall
be evaluated by the Storm Water Administrator according to the policies, criteria, and
information, including technical specifications, standards and the specific design criteria
for each storm water best management practice contained in the Design Manual. The
Storm Water Administrator shall determine whether these measures will be adequate to
meet the requirements of this ordinance.
(B) Determination of Adequacy; Presumptions and Alternatives
Storm water treatment practices that are designed, constructed, and maintained in
accordance with the criteria and specifications in the Design Manual will be presumed to
meet the minimum water quality and quantity performance standards of this ordinance.
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•
0
is

• Whenever an applicant proposes to utilize a practice or practices not designed and
constructed in accordance with the criteria and specifications in the Design Manual, the
applicant shall have the burden of demonstrating that the practice(s) will satisfy the
minimum water quality and quantity performance standards of this ordinance before it
can be approved for use. The Storm Water Administrator may require the applicant to
provide such documentation, calculations, and examples as necessary for the Storm
Water Administrator to determine whether such an affirmative showing is made.
•
•
309 DEED RECORDATION AND INDICATIONS ON PLAT
The approval of the Storm Water Management Permit shall require an enforceable restriction on
property usage that runs with the land, such as plat, recorded deed restrictions or protective
covenants, to ensure that future development and redevelopment maintains the site consistent
with the approved project plans. Streams and buffer boundaries must be specified on all surveys
and record plats. The applicable operations and maintenance agreement pertaining to every
structural BMP shall be referenced on the final plat and shall be recorded with the Union County
Register of Deeds Office upon final plat approval. If no subdivision plat is recorded for the site,
then the operations and maintenance agreement shall be recorded with the Union County
Register of Deeds Office so as to appear in the chain of title of all subsequent purchasers under
generally accepted searching principles. A copy of the recorded maintenance agreement shall be
provided to the Storm Water Administrator within fourteen (14) days following receipt of the
recorded document. A maintenance easement shall be recorded for every structural BMP to
allow sufficient access for adequate maintenance. The specific recordation and deed restriction
requirements as well as notes to be displayed on final plats and deeds shall be contained in the
Administrative Manual.
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SECTION 4 MAINTENANCE
401
402
GENERAL STANDARDS FOR MAINTENANCE
(A) Function of BMPs as Intended
The owner of a structural BMP installed pursuant to this ordinance shall maintain and
operate the BMP so as to preserve and continue its function in controlling storm water
quality and quantity at the degree or amount of function for which the structural BMP was
designed.
(B) Annual Maintenance Inspection and Report
The person responsible for maintenance of any BMP installed pursuant to this ordinance
shall submit to the Storm Water Administrator an inspection report from a qualified
registered North Carolina professional engineer or landscape architect performing
services only in their area of competence. The inspection report shall contain all of the
following:
(1) The name and address of the land owner;
(2) The recorded book and page number of the lot of each structural BMP;
(3) A statement that an inspection was made of all structural BMPs;
(4) The date the inspection was made;
(5) A statement that all inspected structural BMPs are performing properly and are in
compliance with the terms and conditions of the approved maintenance
agreement required by this ordinance; and
(6) The original signature and seal of the engineer, surveyor, or landscape architect.
All inspection reports shall be on forms supplied by the Storm Water Administrator that
are contained in the Administrative Manual. An original inspection report shall be
provided to the Storm Water Administrator beginning one year from the date of as -built
certification and each year thereafter on or before the anniversary date of the as -built
certification.
OPERATION AND MAINTENANCE AGREEMENT
(A) General
At the time that as -built plans are provided to the Storm Water Administrator as described
in Section 203(C) and prior to final approval of a project for compliance with this
ordinance, but in all cases prior to placing the BMPs in service, the applicant or owner of
the site must execute an operation and maintenance agreement that shall be binding on
all current and subsequent owners of the site, portions of the site, and lots or parcels
served by the structural BMP. Failure to execute an operation and maintenance
agreement within the time frame specified by the Storm Water Administrator may result in
assessment of penalties as specified in Section 5, Violations and Enforcement. Until the
transference of all property, sites, or lots served by the structural BMP, the original owner
or applicant shall have primary responsibility for carrying out the provisions of the
maintenance agreement. At the discretion of the Storm Water Administrator, certificates
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0
•

of occupancy may be withheld pending receipt of an operation and maintenance
agreement.
The operation and maintenance agreement shall require the owner or owners to
maintain, repair and, if necessary, reconstruct the structural BMP, and shall state the
terms, conditions, and schedule of maintenance for the structural BMP. In addition, it
shall grant to the Town of Indian Trail a right of entry in the event that the Storm Water
Administrator has reason to believe it has become necessary to inspect, monitor,
maintain, repair, or reconstruct the structural BMP; however, in no case shall the right of
entry, of itself, confer an obligation on the Town of Indian Trail to assume responsibility
for the structural BMP.
Standard operation and maintenance agreements for BMPs shall be developed by the
Storm Water Administrator and made available in the Administrative Manual. The
operation and maintenance agreement must be approved by the Storm Water
Administrator prior to plan approval, and it shall be referenced on the final plat and shall
be recorded by the applicant or owner with the Union County Register of Deeds upon
final plat approval as described in Section 309. A copy of the recorded maintenance
agreement shall be given to the Storm Water Administrator within fourteen (14) days
following its recordation.
(B) Special Requirement for Homeowners' and Other Associations
For all structural BMPs required pursuant to this ordinance and that are to be or are
owned and maintained by a homeowners' association, property owners' association, or
similar entity, the required operation and maintenance agreement shall include the
provisions described in the Administrative Manual.
• 403 INSPECTION PROGRAM
Inspections and inspection programs by the Town of Indian Trail may be conducted or
established on any reasonable basis, including but not limited to routine inspections; random
inspections; inspections based upon complaints or other notice of possible violations; and joint
inspections with other agencies inspecting under environmental or safety laws. Inspections may
include, but are not limited to, reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in BMPs; and evaluating the condition of
BMPs.
If the owner or occupant of any property refuses to permit such inspection, the Storm Water
Administrator shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2
or its successor. No person shall obstruct, hamper or interfere with the Storm Water
Administrator while carrying out his or her official duties.
404 PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE
The Town of Indian Trail requires the submittal of a performance and maintenance surety prior to
issuance of a permit in accordance with the provisions contained in the Administrative Manuai.
405 RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES
The owner of each structural BMP shall keep records of inspections, maintenance, and repairs for
at least five years from the date of creation of the record and shall submit the same upon
reasonable request to the Storm Water Administrator.
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406 NUISANCE 0
The owner of each BMP, whether structural or non-structural, shall maintain it so as not to create
a nuisance condition.
447 MAINTENANCE EASEMENT
Every structural BMP installed pursuant to this ordinance shall be made accessible for adequate
inspection, maintenance, reconstruction and repair by a maintenance easement. The easement
shall be recorded as described in Section 311 and its terms shall specify who may make use of
the easement and for what purposes.
0
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•
SECTION 5 VIOLATIONS AND ENFORCEMENT
501 GENERAL
(A) Authority to Enforce
The provisions of this ordinance shall be enforced by the Storm Water Administrator, his
or her designee, or any authorized agent of the Town of Indian Trail. Whenever this
Section refers to the Storm Water Administrator, it includes his or her designee as well as
any authorized agent of the Town of Indian Trail.
(B) Violation Unlawful
Any failure to comply with an applicable requirement, prohibition, standard, or limitation
imposed by this ordinance, or the terms or conditions of any permit or other development
or redevelopment approval or authorization granted pursuant to this ordinance, is
unlawful and shall constitute a violation of this ordinance.
(C) Each Day a Separate Offense
Each day that a violation continues shall constitute a separate and distinct violation or
offense.
(D) Responsible Person slEntities
Any person who erects, constructs, reconstructs, alters (whether actively or
• passively), or fails to erect, construct, reconstruct, alter, repair or maintain any structure,
BMP, practice, or condition in violation of this ordinance, as well as any person who
participates in, assists, directs, creates, causes, or maintains a condition that results in or
constitutes a violation of this ordinance, or fails to take appropriate action, so that a
violation of this ordinance results or persists; or an owner, any tenant or occupant, or any
other person, who has control over, or responsibility for, the use or development of the
property on which the violation occurs shall be subject to the remedies, penalties, and/or
enforcement actions in accordance with this Section. For the purposes of this article,
responsible person(s) shall include but not be limited to:
0
(1) Person Maintaining Condition Resulting In or Constituting Violation
Any person who participates in, assists, directs, creates, causes, or maintains a
condition that constitutes a violation of this ordinance, or fails to take appropriate
action, so that a violation of this ordinance results or persists.
(2) Responsibility For Land or Use of Land
The owner of the land on which the violation occurs, any tenant or occupant of
the property, any person who is responsible for storm water controls or practices
pursuant to a private agreement or public document, and any person, who has
control over, or responsibility for, the use, development or redevelopment of the
property.
Indian Trail Post -Construction Storm Water Ordinance
30

502 INSPECTIONS AND INVESTIGATIONS 0
(A) Authority to Inspect
The Storm Water Administrator shall have the authority, upon presentation of proper
credentials, to enter and inspect any land, building, structure, or premises to ensure
compliance with this ordinance, or rules or orders adopted or issued pursuant to this
ordinance, and to determine whether the activity is being conducted in accordance with
this ordinance and the approved storm water management plan, Design Manual and
Administrative Manual and whether the measures required in the plan are effective. No
person shall willfully resist, delay, or obstruct the Storm Water Administrator while the
Storm Water Administrator is inspecting or attempting to inspect an activity under this
ordinance.
(B) Notice of Violation and Order to Correct
When the Storm Water Administrator finds that any building, structure, or land is in
violation of this ordinance, the Storm Water Administrator shall notify in writing the
responsible person/entity. The notification shall indicate the nature of the violation,
contain the address or other description of the site upon which the violation occurred or is
occurring, order the necessary action to abate the violation, and give a deadline for
correcting the violation. The notice shall, if required, specify a date by which the
responsible person/entity must comply with this ordinance, and advise that the
responsible person/entity is subject to remedies and/or penalties or that failure to correct
the violation within the time specified will subject the responsible person/entity to
remedies and/or penalties as described in Section 503 of this ordinance. In determining
the measures required and the time for achieving compliance, the Storm Water
Administrator shall take into consideration the technology and quantity of work required,
and shall set reasonable and attainable time limits. The Storm Water Administrator may
deliver the notice of violation and correction order personally, by certified or registered
mail, return receipt requested, or by any means authorized for the service of documents
by Rule 4 of the North Carolina Rules of Civil Procedure.
If a violation is not corrected within a reasonable period of time, as provided in the
notification, the Storm Water Administrator may take appropriate action, as provided in
Section 503, Remedies and Penalties, to correct and abate the violation and to ensure
compliance with this ordinance.
(C) Extension of Time
A responsible person/entity who receives a notice of violation and correction order, or the
owner of the land on which the violation occurs, may submit to the Storm Water
Administrator a written request for an extension of time for correction of the violation. On
determining that the request includes enough information to show that the violation
cannot be corrected within the specified time limit for reasons beyond the control of the
responsible person/entity requesting the extension, the Storm Water Administrator may
extend the time limit as is reasonably necessary to allow timely correction of the violation,
up to, but not exceeding 60 days. The Storm Water Administrator may grant 30-day
extensions in addition to the foregoing extension if the violation cannot be corrected
within the permitted time due to circumstances beyond the control of the responsible
person/entity violating this ordinance. The Storm Water Administrator may grant an
extension only by written notice of extension. The notice of extension shall state the date
prior to which correction must be made, after which the violator will be subject to the
penalties described in the notice of violation and correction order.
is
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• (D) Penalties Assessed Concurrent with Notice of Violation
Penalties may be assessed concurrently with a notice of violation for any of the
following in which case the notice of violation shall also contain a statement of
the civil penalties to be assessed, the time of their accrual, and the time within which they
must be paid or be subject to collection as a debt:
(1) Failure to submit a storm water management plan.
(2) Performing activities without an approved storm water management plan.
(3) Obstructing, hampering or interfering with an authorized representative who is in
the process of carrying out official duties.
(4) A repeated violation for which a notice was previously given on the same project
and to the same responsible person/entity responsible for the violation.
(5) Willful or negligent violation of this ordinance.
(6) Failure to install or maintain best management practices per the approved plan.
(E) Authority to Investigate
The Storm Water Administrator shall have the authority to conduct such investigation as it
may reasonably deem necessary to carry out its duties as prescribed in this ordinance,
and for this purpose to enter at reasonable times upon any property, public or private, for
the purpose of investigating and inspecting. No Person shall refuse entry or access to
10 the Storm Water Administrator who requests entry for purpose of inspection or
investigation, and who presents appropriate credentials, nor shall any Person obstruct,
hamper, or interfere with the Storm Water Administrator while in the process of carrying
out official duties.
The Storm Water Administrator shall also have the power to require written statements,
or the filing of reports under oath as part of an investigation.
(F) Enforcement After Time to Correct
After the time has expired to correct a violation, including any extension(s) if authorized
by the Storm Water Administrator, the Storm Water Administrator shall determine if the
violation is corrected. If the violation is not corrected, the Storm Water Administrator may
act to impose one or more of the remedies and penalties authorized by Section 503.
(G) Emergency Enforcement
If delay in correcting a violation would seriously threaten the effective enforcement of this
ordinance or pose an immediate danger to the public health, safety, or welfare, then the
Storm Water Administrator may order the immediate cessation of a violation. Any Person
so ordered shall cease any violation immediately. The Storm Water Administrator may
seek immediate enforcement, without prior written notice, through any remedy or penalty
specified in Section 503.
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503 REMEDIES AND PENALTIES 0
The remedies and penalties provided for violations of this ordinance, whether civil or criminal,
shall be cumulative and in addition to any other remedy provided by law, and may be exercised in
any order.
(A) Remedies
(1) Withholding of Certificate of Occupancy
The Storm Water Administrator or other authorized agent may refuse to issue a
certificate of occupancy or any other applicable permit issued by the Town for the
building or other improvements constructed or being constructed on the site and
served by the storm water practices in question until the applicant or other
responsible person has taken the remedial measures set forth in the notice of
violation or has otherwise cured the violations described therein.
(2) Disapproval of Subsequent Permits and Development Approvals
As long as a violation of this ordinance continues and remains uncorrected, the
Storm Water Administrator or other authorized agent may withhold, and the Town
of Indian Trail may disapprove, any request for permit or development approval
or authorization provided for by this ordinance or the zoning, subdivision, and/or
building regulations, as appropriate for the land on which the violation occurs.
(3) Injunction, Abatements, etc.
The Storm Water Administrator, with the written authorization of the Town
Manager may institute an action in a court of competent jurisdiction for a
mandatory or prohibitory injunction and order of abatement to correct a violation
of this ordinance. Any person violating this ordinance shall be subject to the full
range of equitable remedies provided in the General Statutes or at common law.
(4) Correction as Public Health Nuisance, Costs as Lien, etc.
If the violation is deemed dangerous or prejudicial to the public health or public
safety as provided in North Carolina General Statute 160A-193, the Storm Water
Administrator, with the written authorization of the Town Manager, may cause the
violation to be corrected and the costs to be assessed as a lien against the
property.
(5) Stop Work Order
The Storm Water Administrator may issue a stop work order to the Person(s)
violating this ordinance. The stop work order shall remain in effect until the
Person has taken the remedial measures set forth in the notice of violation or has
otherwise corrected the violation or violations described therein. The stop work
order may be withdrawn or modified to enable the Person to take the necessary
remedial measures to correct such violation or violations.
(6) Restoration of Areas Affected by Failure to Comply
By issuance of an order of restoration, the Storm Water Administrator may
require a Person(s) who engaged in a land development activity and failed to
comply with this ordinance to restore the waters and land affected by such failure
�11
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• so as to minimize the detrimental effects of the resulting pollution. This authority
is in addition to any other civil penalty or injunctive relief authorized under this
ordinance.
(B) Civil Penalties
(1) Violations of Ordinance
A violation of any of the provisions of this ordinance or rules or other orders
adopted or issued pursuant to this ordinance may subject the violator to a civil
penalty. A civil penalty may be assessed from the date the violation occurs. No
penalty shall be assessed until the person alleged to be in violation has been
notified of the violation except as provided in Section 502(D) of this ordinance in
which case the penalty is assessed concurrently with a notice of violation.
Refusal to accept the notice or failure to notify the Storm Water Administrator of a
change of address shall not relieve the violator's obligation to comply with this
ordinance or to pay such a penalty.
(2) Amount of Penalty
The maximum civil penalty for each violation of this ordinance is $27,500. Civil
penalties may be assessed up to the full amount of penalty to which the Town of
Indian Trail is subject for violations of its Phase II Stormwaler permit, or if no
Phase II Stormwater permit exists for the jurisdiction civil penalties may be
assessed up to the full amount allowed by law. Each day of continuing violation
shall constitute a separate violation. In determining the amount of the civil
penalty, the Storm Water Administrator shall consider any relevant mitigating and
• aggravating factors including, but not limited to, the effect, if any, of the violation;
the degree and extent of harm caused by the violation; the cost of rectifying the
damage; whether the violator saved money through noncompliance; whether the
violator took reasonable measures to comply with this ordinance; whether the
violation was committed willfully; whether the violator reported the violation to the
Storm Water Administrator; and the prior record of the violator in complying or
failing to comply with this ordinance or any other post -construction ordinance or
law. The Storm Water Administrator is authorized to vary the amount of the per
diem penalty based on criteria specified in the Administrative Manual and based
on relevant mitigating factors. Civil penalties collected pursuant to this ordinance
shall be credited to the Town of Indian Trail's general fund as non -tax revenue.
11
(3) Notice of Assessment of Civil Penalty
The Storm Water Administrator shall determine the amount of the civil penalty
and shall notify the violator of the amount of the penalty and the reason for
assessing the penalty. This notice of assessment of civil penalty shall be served
by any means authorized under North Carolina General Statute 1A-1, Rule 4 and
shall direct the violator to either pay the assessment or file an appeal within 30
days of receipt of the notice as specified in Section 503(C) below.
(4) Failure to Pay Civil Penalty Assessment
If a violator does not pay a civil penalty assessed by the Storm Water
Administrator within 30 Days after it is due, or does not request a hearing as
provided in Section 503(C), the Storm Water Administrator shall request the
initiation of a civil action, including the filing of a lis pendens, to recover the
amount of the assessment. The civil action shall be brought in Union County
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Superior Court or in any other court of competent jurisdiction. A civil action must
be filed within three (3) years of the date the assessment was due. An
assessment that is appealed is due at the conclusion of the administrative and
judicial review of the assessment.
(5) Appeal of Remedy or Penalty
The issuance of an order of restoration and/or notice of assessment of a civil
penalty by the Storm Water Administrator shall entitle the responsible party or
entity to an appeal before the Board of Adjustment or other applicable body for
the Town of Indian Trail if such Person submits written demand for an appeal
hearing within 30 days of the receipt of an order of restoration and/or notice of
assessment of a civil penalty. The appeal of an order of restoration and/or notice
of assessment of a civil penalty shall be conducted as described in Section 205
of this ordinance.
(C) Criminal Penalties
Violation of this ordinance may be enforced as a misdemeanor subject to the maximum
fine permissible under North Carolina law.
•
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•
SECTION 6 DEFINITIONS
When used in this ordinance, the following words and terms shall have the meaning set forth in
this Section, unless other provisions of this ordinance specifically indicate otherwise.
1. Administrative Manual
A manual developed by the Storm Water Administrator and distributed to the public to provide
information for the effective administration of this ordinance, including but not limited to application
requirements, submission schedule, fee schedule, maintenance agreements, criteria for mitigation
approval, criteria for recordation of documents, inspection report forms, requirements for submittal of
bonds, a copy of this ordinance, and where to obtain the Design Manual.
2. Best Management Practices (BMPs)
A structural management facility used singularly or in combination for storm water quality and quantity
treatment to achieve water quality protection goals.
3. Buffer
A natural or vegetated area through which storm water runoff flows in a diffuse manner so that the
runoff does not become channelized and which provides for infiltration of the runoff and filtering of
pollutants.
4. Buffer Widths
Viewed aerially, the stream buffer width is measured horizontally on a line perpendicular to the
surface water, landward from the top of the bank on each side of the stream.
5. Built -Upon Area (BUA)
That portion of a development project that is covered by impervious or partially impervious surface
including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and
paths; and recreation facilities such as tennis courts. "Built -upon area" does not include a wooden
slatted deck or the water area of a swimming pool.
6. Design Manual
The storm water design manual shall be approved for use in the Town of Indian Trail by the North
Carolina Department of Environment and Natural Resources and shall be at least as stringent as the
storm water design manual approved for use in Phase II jurisdictions by the Department for the
proper implementation of the requirements of the federal Phase II storm water program. All
references herein to the Design Manual are to the latest published edition or revision.
7. Development
New development created by the addition of built upon area to land void of built upon area as
of the effective date of this ordinance.
8. Disturbance
Any use of the land by any person or entity which results in a change in the natural cover or
topography of the land.
9. Drainage Area
That area of land that drains to a common point on a project site.
10. Larger common flan of development or sale
Any contiguous area where multiple separate and distinct construction or land disturbing activities will
occur under one plan. A plan is any announcement or piece of documentation (including but not
limited to public notice or hearing, drawing, permit application, zoning request, or site design) or
physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings)
indicating that construction activities may occur on a specific plot.
36
Indian Trail Post -Construction Storm Water Ordinance

11. Non -Point Source (NPS) Pollution 0.
Forms of pollution caused by sediment, nutrients, organic and toxic substances originating from land
use activities and carried to lakes and streams by surface runoff.
12. Owner
The legal or beneficial owner of land, including but not limited to a fee owner, mortgagee or vendee in
possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or
entity holding proprietary rights in the property or having legal power of management and control of
the property. "Owner' shall include long-term commercial tenants; management entities, such as
those charged with or engaged in the management of properties for profit; and every person or entity
having joint ownership of the property. A secured lender not in possession of the property does not
constitute an owner, unless the secured lender is included within the meaning of "owner" under
another description in this definition, such as a management entity.
13. Person(s)
Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate,
commission, board, public or private institution, utility, cooperative, interstate body, or other legal
entity.
14. Redevelopment
Rebuilding activities on land containing built -upon area as of the effective date of this ordinance.
15. Storm Water Administrator
The Planning Director as designated by the Town of Indian Trail to administer and enforce this
ordinance.
16. Storm Water Management Permit
A permit required for all development and redevelopment unless exempt pursuant to this ordinance,
which demonstrates compliance with this ordinance.
17. Top Of Sank
The landward edge of the stream channel during high water or bankfull conditions at the point where
the water begins to overflow onto the floodplain.
18. Total Suspended Solids (TSS)
Total suspended matter in water which includes particles collected on a filter with a pore size of 2
microns as measured by Standard Method 2540-D, which is commonly expressed as a concentration
in terms of milligrams per liter (mg/1) or parts per million (ppm).
is
37
Indian Trail Post -Construction Storm Water Ordinance

.7
Goose Creek Watershed
Management Plan
• Completed by: Charlotte -Mecklenburg Storm Water Services
Version 1.
October 31, 2009

0
Goose Creek Watershed
Management Plan
Version 1
Completed by:
Charlotte -Mecklenburg Storm Water Services
Water Quality Program Staff
Date Completed:
October 31, 2009
•

Goose Creek Watershed Management flan Version I ........................October 31, 2009
Table of Contents
ExecutiveSummary...........................................................................................................I
SectionI Introduction................................................................................................2
1.1 Purpose................:........................................................................................2
1.2 Background..................................................................................................2
Section 2
Current and Historical Conditions...........................................................8
2.1
Previous Work.............................................................................................8
2.1,1
Fecal Coliform TMDI..................................................................................9
2.1.2
Water Quality Recovery Program...............................................................9
2.1.3
NC DOT.......................................................................................................9
2.1.4
Charlotte Mecklenburg Utilities ......................
........9
2.1.5
North Carolina Ecosystem Enhancement Program....................................10
2.2
Existing Conditions .......................
2.2.1
Water Chemistry........................................................................................10
2.2.2
Biological...................................................................................................11
2.2.3
Physical......................................................................................................14
2.2.4
Stream Flow...............................................................................................13
2.2.5
Land Use/Land Cover................................................................................13
2.2.6
Soils............................................................................................................15
r� 2.3
Current Watershed Protection Efforts........................................................16
2.3.1
S.W.I.M. Buffer Ordinance........................................................................16
2.3.2
Post Construction Buffers..............................,...........................................17
2.3.3
Goose Creek Watershed Site Specific Management Plan .........................18
2.3.4
BMP Retrofits and Land Acquisition........................................................19
2.3.5
Existing NPDI-S Permitted WWTPs.........................................................20
Section 3 Watershed Indicators and Goals............................................................2t
3.1 Upland........................................................................................................21
3.1.1 Upland Water Quality Indicators...............................................................21
3.1.2 Upland Water Quality Goals......................................................................21
3.2 In-Stream....................................................................................................22
3.2.1 In -Stream Water Quality Indicators...........................................................22
3.2.2 In -Stream Water Quality Goals.................................................................22
3.3 Channel......................................................................................................28
3.3.1 Stream Channel Indicators.........................................................................29
3.3.2 Stream Channel Goals................................................................................30
Section 4 Watershed Assessment............................................................................24
4.1 Upland Characterization............................................................................24
4.1.1 Methodology..............................................................................................24
4.1.2 Results........................................................................................................29
4.2 Stream Channel Characterization..............................................................36
4 4.2.1 Methodology......................................36
4.2.2 Results........................................................................................................39

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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
4.3 Fecal Coliform Assessment.......................................................................41
Section 5 Candidate Restoration, Retrofit & Preservation Sites .........................42
5.1 Upland BMP Retrofit Sites........................................................................42
5.1.1 Priority Basins............................................................................................42
5.1.2 Public Parcels.............................................................................................45
5.2 Stream Channel Management Opportunities.............................................52
5.3 Stream Buffer Restoration Areas...............................................................51
5.4 Master Planning for Restoration, Retrofit and Preservation Projects ........ 61
Section 6 Measuring Success and Adaptive Management....................................62
6.1 Establishing an Ongoing Water Quality Monitoring Program ..................62
6.2 Annual Status Report.................................................................................62
6.3 Adaptive Management...............................................................................62
Section 7 Conclusion ........................
List of Tables:
............................... 63
Table 1
General Goose Creek Watershed Statistics.....................................................I
Table 2
Goose Creek Stream Class Descriptions.........................................................7
Table 3
Goose Creek Water Quality Standards...........................................................8
'Fable 4
Basef7ow Water Chemistry Statistics............................................................10
Table 5
NCDENR Macro in vertebrate Sample Results..............................................12
Table 6
Goose Creek land Use Categories...............................................................14
'Table 7
Hydrologic Soil Groups Found Within Goose Creek Watershed.................15
Table 8
S.W.I.M. Buffer Requirements for the Goose Creek Watershed..................17
Table 9
NPDES Permitted Dischargers in the Goose Creek Watershed ...................20
'Fable 10
Upland Pollutant Loading Rate Goals ............................ ..21
............................
Table l I
In -Stream Water Quality Goals ..................................... .......23
........................
Table 12
Goose Creek Land Use Categories and Abbreviations.................................25
Table 13
Upland Pollutant Loading Rates by Land Use..............................................27
Table 14
Catchment Loading Rates.............................................................................27
Table 15
Catchment Area, Impervious Area and Impervious Percentages .................28
Table 16
Results of the Upland Characterization........................................................29
Table 17
Results of Stream Channel Characterization................................................40
Table 18
Public Parcels Meeting BMP Criteria and Priority.......................................49
Table 19
Highest Priority Goose Creek Stream Reaches............................................53
Table 20
Results of the Stream Buffer "free Canopy Analysis....................................60
List of Figures_
Figure 1 Mecklenburg County Watershed and Jurisdictional Boundaries....................3
Figure 2 Special Features within the Goose Creek Watershed.....................................4
Figure 3 Typical Residential Development in the Goose Creek Watershed.................5
Figure 4 Typical New Residential Development in the Goose Creek Watershed ........6
Figure 5 Percent Exceeding Graph for Goose Creek Samples .................................... l 1

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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
Figure 6
Historical SUSI Scores for Goose Creek......................................................I
I
Figure 7
Goose Creek Benthic Macro invertebrate Scores..........................................12
Figure 8
Distribution of Land Uses in the Goose Creek Watershed ...........................15
Figure 9
Distribution of Hydrologic Soil Groups in the Goose Creek Watershed ......
16
Figure 10
Approximate Extent of the Goose Creek Watershed S.W.I.M. Buffers .......
17
Figure 1 1
Approximate Extent of the Goose Creek Post Construction Buffers ...........18
Figure 12
Public Property in the Goose Creek Watershed............................................19
Figure 13
Goose Creek Watershed Catchments............................................................26
Figure 14
Distribution of Buffers in the Goose Creek Watershed................................28
Figure 15
Fecal Coliform Rank.....................................................................................30
Figure16
TN Ranking...................................................................................................31
Figure17
TP Ranking...................................................................................................32
Figure 18
TSS Ranking.................................................................................................33
Figure 19
NI-14 Ranking................................................................................................34
Figure20
Cu Ranking...................................................................................................35
Figure 21
Overall Impairment.......................................................................................36
Figure 22
Goose Creek Stream Channel Characterization Reaches .............................39
Figure 23
Focus Basins with the Goose Creek Watershed...........................................42
Figure 24
Focus Basin 1 I..............................................................................................43
Figure25
Focus Basin 2................................................................................................44
Figure26
Focus Basin 5................................................................................................45
Figure 27
Focus Basin 4 ......46
Figure 28
Focus Basin 6................................................................................................47
Figure 29
Goose Creek Watershed Public Parcels........................................................49
Figure 30
Aerial Photo of Parcels 19514219, 19514129 and 19514208 .......................50
Figure 31
Aerial Photo of Parcel 19701146..................................................................51
Figure 32
Aerial Photo of Parcels 197201 11 and 19720106.........................................52
Figure 33
Reach DSTOUS296 Area Map.....................................................................54
Figure 34
Reach DSTOUS329 Area Map.....................................................................55
Figure 35
Reach DSTOUS357 Area Map.....................................................................56
Figure 36
Reach DSTOUS299 Area Map.....................................................................57
Figure 37
Reach DSTOUS142 Area Map.....................................................................58
Figure 38
Reach DSTOUS 184 Area Map.....................................................................59
Figure 39
Results of the Tree Canopy Analysis............................................................60
Appendices
Appendix A: References........
rN
............64

•
Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
Executive Summary
The Goose Creek Watershed is located in southeastern Mecklenburg County and is
almost entirely within the town limits or extraterritorial jurisdiction of Mint Hill. Tile
watershed has been designated as habitat for the federally listed endangered Carolina
Fleelsplitter Mussel. This designation has brought about the implementation of a Site
Specific Management Plan for new development in the watershed. In addition to the
issues surrounding the Carolina Heelsplitter, the municipalities within the Watershed
were required to develop a Water Quality Recovery Program for Fecal Coliform, which
was the result of a Fecal Coliform TMDL. In addition to Fecal Coliform, the watershed
is also identified on the NC 303(d) list for impaired biological integrity, likely a result of
hydra -modification of the stream channel. Tablc I presents general statistics for the
Goose Creek Watershed.
Table 1: General Goose Creek Watershed Statistics (portion of Goose Creek within
Mecklenburg County).
Estimated Goose Creek Watershed
Population
5616
Goose Creek Watershed Area
6975 acres
Stream Miles(Draining > 50 acres
28 miles
Dominant Land Uses
Rural Residential
34%
Vacant
31%
Low Density Residential
11 %
Medium/Low Density
Residential
9%
Transportation
8%
Major Political Jurisdictions
'Town of Mint Hill
Major Streams in the Goose Creek
Watershed
Goose Creek
Duck Creek
Stevens Creek

Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
SECTION 1. INTRODUCTION
1.1 Purpose
The purpose of this Watershed Management Plan is to guide restoration, retrofit and
preservation efforts aimed at achieving specific goals for improving water quality
conditions in the Goose Creek Watershed in Mecklenburg County such that these waters
meet or exceed their State designated uses and are no longer rated as impaired on 303(d)
lists. Moreover, the plan seeks to restore the population of Lasmigona Decorata
(Carolina Heelsplitter), a federally endangered freshwater mussel, in the watershed.
This Watershed Management Plan seeks to:
1. Summarize important information regarding the Goose Creek Watershed relative to
water quality.
2. Describe current and historical water quality conditions in the watershed.
3. Describe current and previous efforts in the watershed to protect and restore water
quality.
4. Describe water quality goals for the watershed.
5. Prioritize areas for restoration, retrofit and preservation efforts aimed at achieving
water quality goals.
• 6. Describe the process forward for implementing water quality efforts.
0
The ultimate goal after complete implementation of this Watershed Management Plan is a
fully functioning and supporting stream ecosystem in Goose Creek.
1.2 Background
The headwaters of the Goose Creek Watershed (including Goose, Duck and Stevens
Creeks) are located in the southeastern portion of Mecklenburg County and lies within
Mint 1-till's jurisdiction. The creek flows from Mecklenburg County to the southeast into
Union County and subsequently enters the Yadkin River in Union County. Figure 1
shows the location of the Goose Creek' Watershed in Mecklenburg County along with its
jurisdictional boundaries. Figure 2 presents a close up view of the Goose Creek
Watershed.
2

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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
/ Legend
J �W Br.Rack Charlotte
Lake Norman y
Cornelius
® Davidson
Huntersville
�MCDowell -��{" 0 Matthews
}f�`7
Up Mtn Island Torrence _ 7 Mecklenburg
Mint Hiil
Pineville
Stalungs
r \ -11 ( �
and,— I
Long'
.L„fir 1 Stewart Y 1
Paw f
Up'Irwin' Reed
Taggart' Up'L Sugar
Cam bell Up m
Coffey Sugar
ge 1N}rliot Kirigs �
Mullen
� Mcl� � Mid.Mc,Alpine �
4,pelV-I�
eLJSugar f,-t
tour,
Goose Creek Watershed
Figure l: Mecklenburg County Watersheds and Jurisdictional Boundaries.
3

Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
•
•
Figure 4: Typical New Residential Development in the Goose Creek Watershed.
Goose Creek is listed in the 2006 North Carolina 303(d) list (North Carolina, 2004) as
being impaired for fecal coliform . A total of 16.3 miles of Goose Creek are identified in
the list, which includes the entire stream from its source to the Rocky River. Typically
streams are listed on the 303(d) list dependant upon their intended uses. Intended uses
are generally determined through the stream class. Goose Creek is a Class C Stream (see
Table 2). In North Carolina, surface water quality regulations are defined for particular
classes of use support. For instance, Class C waters must support aquatic life and
secondary recreation (infrequent human body contact), while Class B waters must
support aquatic life and primary recreation (frequent human body contact or swimming).
Individual streams, lakes, and reservoirs (or portions of each) are assigned one or more
classes. All of the contributing streams to a body of water receive the same designation
when they are not specifically defined. Each class has a set of regulations, including
water quality standards associated with it. If cheinical/physical water quality monitoring
reveals that a stream is not meeting a water quality standard, then it is considered
"Impaired." If biological monitoring indicates a lack of abundance and/or diversity of
aquatic life in a stream, then it is considered as having "Impaired biological integrity."
Impaired streams are placed on the 303(d) list and a restoration method is specified such
as the development of a total maximum daily load or TMDL.
•

Goose Creek Watershed Management Plan Version I ........................October 31, 2009
A 'I MDL was written by the Mecklenburg County Water Quality Program (now know as
Charlotte/Meckienburg Storm Water Services (CMSWS)) in April 2005 and
subsequently approved by the USrPA on July 8, 2005. The TMDL will be discussed at
length in the next section of this document (Section 2).
lame L: goose ureck Ntream C:iass ajescrintions.
Stream Description
Class
C Freshwaters protected for secondary recreation, fishing, aquatic life
including propagation and survival, and wildlife. Ail freshwaters shall
be classified to protect these uses at a minimum.
E
•

E
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Goose Creek Watershed Management Plan Version I ........................October 31, 2009
SECTION 2. CURRENT AND HISTORICAL CONDITIONS
2.1 Previous Work
Approximate Event Timeline for the Goose Creek Watershed
.tune 30, 1993: Carolina Heeisplitter included on the Endangered Species list. Goose
Creek named as habitat for a small population.
January 17, 1997: Completion of the Recovery Plan for the Carolina 1-leelsplitter.
August 20, 2001: Mitigated Finding of No Significant Impact— Charlotte- Mecklenburg
Utilities Proposed Increase in Interbasin Transfer from the Catawba River Basin
to the Rocky River Basin.
March 14, 2000: EMC decision to approve the IB"I' with conditions. Condition 93
placed a "...moratorium on the installation of new interbasin transfer water
lines... into the Goose Creek subbasin... until the impacts of additional urban
growth on the (Carolina heelsplitter) are fully evaluated." "]'his ruling effectively
halted expansion of the supply of public water in the Goose Creek Watershed.
April, 2005: Final Goose Creek TMDL Submitted to USEPA
July 8, 2005: USEPA Approval of Goose Creek Fecal Col iform TMDL
August 10, 2006: Letter from NCDENR to Mecklenburg County, Mint 1-fill, Stallings
and Indian Trail requiring the development of a Water Quality Recovery Program
for implementation of the Goose Creek Fecal Coliform TMDL.
September 15, 2006: NC Court Decision (Filed October 13, 2006) requiring, among
other things, that the NPDES permits for Stallings, Indian Trail, Mint Hill and
Mecklenburg County be reopened and amended to include measures to protect the
Carolina I-Ieelsplitter. Among these are water quality standards for ammonia,
copper, nitrate -nitrite and phosphorus. The document identifies standards
presented in Table 3.
Table 3: Goose Creek Water Quality Standards
Constituent
Chronic Standard
Acute Standard
Phosphorus
0.1 m /L
Nitrate -nitrite
0.4 m /L
Copper
2.2 u /L
3.6 u /L
Ammonia
0.5 mg/L
1.75 mg/L
June 30, 2007: Implementation of Mint Hill's Post Construction Ordinances, which
currently guide land development in the Goose Creek Watershed.
7

Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
February I, 2009: implementation of the Site Specific Management Plan for the Goose
Creek Watershed. This Plan guides all development in the watershed, eliminating
the Mint Hill Post Construction Ordinance.
2.1.1 Goose Creek Fecal Coliform TMDL
In April 2005, Mecklenburg County, under contract with the State of North Carolina,
completed a TMDL for fecal coliform for Goose Creek, North Carolina. The "I'MDL was
subsequently approved by the USEPA on July 8, 2005. A copy of the TMDL is available
at the following website:
http://h2o.enr.state.nc.us/tmdl/documents/GooseCk.FCTM DLApprovedby.EPAlulyO8O5.
pdf
The TMDL specified fecal coliform load reductions to both permitted MS4s in the
watershed and non -point sources of pollution. Essentially, the "TMDL specifies load
reductions of 92.5% for all sources of fecal coliform with the exception of W WTPs,
whose allocation remained unchanged at permitted levels (200 c.f.u./100 ml).
2.1.2 Water Quality Recovery Program
isOn August 10, 2006 NC DENR submitted a letter to the permitted MS4s in the Goose
Creek Watershed requiring them to develop a Water Quality Program (WQRP) for Fecal
Coliform in the Goose Creek Watershed. Mecklenburg County partnered with the towns
of Mint Hill, NC, Stallings, NC and Indian Trail, NC to develop the WQRP. The WQRP
document, which describes each of the components of the program is included with this
document as Appendix XX.
2.1.3 NC DOT
In September, 2004 Craig Allan (Department of Geography and Earth Sciences, UNC
Charlotte) completed a report entitled Water Quality and Stream Stability Monitoring for
Goose Creek Mecklenburg and Union Counties, North Carolina 2001-2003. The study
was funded by the United States Department of "Transportation to study the impacts of the
construction of 1-485 through the Goose Creek Watershed in Mecklenburg County.
Allan cites hydromodification of the stream channel itself as a primary source of elevated
TSS and turbidity levels measured during storm events. Similarly, Allan (2004) cited
increased levels of phosphorus and nitrogen in storm flow.
2.1.4 Charlotte -Mecklenburg Utilities
Charlotte Mecklenburg Utilities initiated a study with the goal of establishing a Finding
of No Significant Impact (FONSi) for the construction of a regional WW"I'P in the Goose
Creek Watershed. The study was never completed because of the requirements put in
is

Goose Creek Watershed Management Plan Version I ........................October 31, 2009
• rote to lace .. ... .n...� ... «.. ,...:, ,.... , , _ .... ... ., ., . w.. ... ....... . m..:-
p protect the Carolina I-leelsplitter Mussel essentially prohibited construction of the
plant.
•
2.1.5 North Carolina Ecosystem Enhancement Program
The North Carolina Ecosystem Enhancement Program (EEP) is currently conducting a
study in the Goose Creek Watershed to establish a Local Area Watershed Plan (LAWP)
to identify mitigation opportunities in the Watershed. In the past, EEP LAWPs have not
met the needs of local governments in Mecklenburg County however the process has
been modified and may provide useful information. No completion date was available at
the time of preparation of this document. EEP has established a stakeholder group of
technical resources that is participating in their process. They intend for the stakeholder
group to assume the role of implementing the findings of the LAWP that are not pertinent
to EEP goals. These findings may include ordinance modification, BMP construction,
stream enhancement or restoration and education efforts.
2.2.1 Water Chemistry
Goose Creek basef7ow samples are collected from MY9A, MY913 and MY9 (Figure 2).
Table 4 presents a condensed set of information from the historical data collected at these
sites. TN exceedances were detected 27% of the time and TP exceedences were detected
8% of the time. Fecal coliform concentrations in excess of 200 c.f u.I100 ml were
detected approximately 82% of the time. Additionally, copper exceedences were
recorded in 68% of the samples and ammonia in 7% of the samples. Figure 5 shows the
percentages of these exceedances. Stream Use Support Index (SUSI) values have tended
to oscillate since 2007 but have remained below threshold values, which is a strong
indicator of a non -supporting watershed (Figure 6). The most notable reason for the
lowest values is the extreme drought that has occurred in the piedmont of North Carolina
in the past several years.
Table 4: Baseflow Water Chemistry Statistics.
All Goose Creek Monitoring
Sites
Total N
Total P i
TSS
Fecal
Coliform
Copper
Ammonia
Action Level:
1.5 ppm
0.4 ppm
50
200
cfu/100M1
2.2 ug/L
0.5
Sample size
186
202
48
463
121
204
MIN
0.35
0.02
2
1
2
0.05
MAX
10.5
2.1
43
58000
36
2.5
MEAN
1.5
0.2
5.2
2398
6.2
0,22
MEDIAN
1.1
0.13
2.8
500
3.6
0.10
% sam ies over Action Level
27%
8%
0%
82%
68%
7%
M

•
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Goose Creek Watershed Management Plan Version I ........................October 31, 2009
Goose Creek % Exceeding Graph
100%
90%
J
80%
c
v
70%
60%l
'+^
r
a
°
50 I0-
40%
x
20%LU
{
k i
10%
"t
;�,°.{c7
,,
«,t'i
rams
0%
i:'rtV.'
- -
Total N Total P TSS Fecal
Copper Ammonia
Coliform
Ana lyte
Figure 5: Percent Exceeding Graph for Goose Creek Samples.
MY9 vs. SUSI
—4--susl--nveslV)ld successful—Exemplary—GF—MY9
80
78
74
72
70
68
,
66
64
62 o S e d p O O O Q O p O O O O O p
!zzo
Figure 6: Historical SUSI Scores for Goose Creek
2.2.2 Biological
Currently, the benthic macro invertebrate community in Goose Creek is monitored
annually by Mecklenburg County at Stevens Mill Road in Union County (site MY9).
Previously, samples were collected at MY9A and MY9B, which are just upstream of I-
10

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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
485 on Goose and Stevens Creeks respectively (Figure 2). The EPT taxa richness was
generally below 10 species for all samples taken since 1999 in Goose Creek. Figure 7
presents the benthic macr i nverteb rate scores for Goose Creek since 1995. As can be
discerned from the graph, Goose Creek has exhibited a general decline in its
macroinvertebrate population. However, it is important to note that the
macroinvertebrate populations in Goose Creek are very sensitive to drought as Goose
Creek tends to dry up more readily than other creeks with a similar drainage area. ']'his is
likely due to the drainage area being partially within the Carolina Slate Belt
25
20
d
G
Ad
9
A
�S
F- 10
i~
W
5
a
July May July June June July July June July July July
1995 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007
Date
Figure 7: Goose Creek Benthic Macroinvertebrate Scores.
Fully supporting
Partially Supporling
Not Supporting
The N.C. Department of Environment and Natural Resources (NCDENR) performs
monitoring for macroinvertebrates and the Carolina Heelsplitter in Goose Creek. The
macroinvertebrate sample results are presented in Table 5.
Table 5: NCDF.,NR Macroinvertebrate Samnle Results
Site
Stream
County
Road
Bioclassitication
SSB-3
Goose Creek
Mecklenburg
SR 1004
Good
SSB-4
Goose Creek
Union
Glamorgan Rd.
Good
SSB-5
Goose Creek
Union
SR 1524
Good
SSB-6
Goose Creek
Union
Below Fairfield
Fair
SSB-7
Goose Creek
Union
SR 1525
Poor
SSB-8
Goose Creek
Union
SR 1533
Fair
B-5
Goose Creck
Union
US 601
Poor
SS13-9
Goose Creek
Union
Sit 1547
Fair
SS13-1
Stevens Creek
Mecklenburg
Maple Hollow Rd.
Good
SSB-2
Stevens Creek
Mecklenburg
Thompson Rd
Not im aired
SSB-10
Duck Creek
Union
US 601
Fair
The distribution of the population with the watershed is currently unknown; however it is
likely that no supporting populations of the mussel are in Mecklenburg County because

Goose Creek Watershed Management Plan Version I ........................October 31, 2009
• of the high likelihood of Goose Creek going dry within the County. Specific information
g b g Y Y p
about the Carolina Heelsplitter can be found at the following website:
http:/hvww.natureserve.org/explorer/servictiNatureServc?searchName=Lasm igona+deco
rata
2.2.4 Stream Flow
A watershed will generate larger volumes of storm water runoff and discharge this runoff
at higher rates as the amount of imperviousness increases as a result of development. The
stream channels that receive the additional runoff are exposed to increased hydraulic
forces that can lead to morphologic instabilities through erosion — a process that reduces
the availability and quality of aquatic habitat. Aquatic species are dependent upon the
channel boundary for shelter, foraging, reproduction, and rest. When boundary materials
regularly erode, the aquatic habitat is impacted and unlikely to support a diverse, healthy
aquatic community. Therefore, addressing the source of the habitat degradation,
additional storm water runoff in this case, will help reduce impairment to in -stream
biological communities (Tetra Tech, 2004)
2.2.5 Land Use/Land Cover
The land-use/land-cover data set used for this Watershed Management Plan was
• developed by Tetra Tech Inc. (2004) for the Post Construction Ordinance development
process. The data set was developed through interpretation of a combination of parcel
information, aerial photographs, and tree canopy data. The process is more thoroughly
described in Tetra 'Tech Inc. (2004). The land -use data set provides a distribution and
classification of all land -uses in the Goose Creek Watershed. The land -use categories
represented in the Goose Creek Watershed are presented in Table 6 and the distribution
of the land -uses for the Goose Creek Watershed is shown in Figure 8.
1-1
12

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Goose Creek Watershed Management Plan Version I ........................October 31, 2009
Table 6: Goose Creek Land Use Categories.
Land Use Class
Abbreviation
Agriculture
AG
Heavy Commercial
COMM-H
Li ht Commercial
COMM-L
Forest
FR.ST
Golf Course
GC
High Density Residential
HDR
High Density Multifamily Residential
HMFR
High Density Mixed Urban
HMX
Heavy Industrial
IND
Institutional
INS
Interstate Corridor
INTERSTATE
Low Density Residential
LDR
Medium Density Residential
MDR.
Meadow
MEADOW
Multi Family Residential
MFR
Medium Low Density Residential
MLDR.
Mixed Urban
MX
Office/Industrial
0I-1-1
Light Office/Li ht Industrial
OI-L
Park
PARK
Rural Residential
R.R
Ultra High Density Mixed Urban
UHMX
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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
Figure 8: Distribution of Land Uses in the Goose Creek Watershed.
2.2.6 Soils
The distribution of soils within the Goose Creek Watershed was determined through the
Soil Survey of Mecklenburg County (USDOA — SCS, 1980). The hydrologic soil types
found in the Goose Creek Watershed are B and C. A description of each soil type and
distribution within the watershed are shown in "fable 7. Figure 9 shows the location of
the hydrologic soil groups in the Goose Creek Watershed.
Table 7: Hydrologic Soil Groups Found Within the Goose Creek Watershed.
Hydralogie
Soil Group
Description (USDOA —SCS, 1980)
Distribution with
Goose Creek
Watershed
13
Soils having a moderate infiltration rate when thoroughly wet.
6314 Acres (88% of
Thcsc consist chiefly of moderately deep or deep, moderately
watershed)
well drained or well drained soils that have moderately fine
texture to moderately coarse texture. These soils have a
moderate rate of water transmission
C
Soils having a slow infiltration rate when thoroughly wet.
856 acres (12% of
'rhese consist chiefly of soils that have a layer that impedes the
watershed)
downward movement of water of soils that have moderately fine
texture or fine texture. These soils have a slow rate of water
transmission.
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Goose Creek Watershed Management Plan Version i ........................October 31, 2009
152N
F-I
Figure 9. Distribution of Hydrologic Soil Groups in the Goose Creek Watershed.
2.3 Current Watershed Protection Efforts
2.3.1 S.W.I.M. Buffer Ordinance
A countywide stream buffer system was established in 1999 as part of the Surface Water
Improvement and Management (S.W.I.M.) strategy, otherwise known as S.W.I.M.
buffers. According to S.W.I.M., streams have the primary natural function of conveying
storm and ground water, storing floodwaters and supporting aquatic and other wildlife.
The buffer is the vegetated land adjacent to the stream channel, which functions to
protect water quality by filtering pollutants and to provide both storage for floodwaters
and suitable habitat for wildlife. The ordinance was in effect until Mint Hill's Post
Construction ordinance took effect on June 30, 2007. However, property developed
under the S.W.I.M. buffer ordinance will remain subject to it.
Required stream buffer widths vary from 35 to 100 feet or the entire 100 year floodplain,
whichever is greater, based on the size of the upstream drainage basin. 1.n Mint 1-1 ill,
S.W.I.M. buffer requirements begin at a point where the stream drains 50 acres. Table 8
presents the S.W.I.M. buffer requirements for Mint Hill. figure 10 shows the extent of
the S.W.I.M. buffers in the Goose Creek Watershed.
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Goose Creek Watershed Management Plan Version I ........................October 31, 2009
Table 8: S.W.I.M. Buffer Requirements for the Goose Creek Watershed.
Jurisdiction
Date
Ordinance
Adopted
Total Buffer Widths
> 640 acres
> 300 acres
> 50 acres
Mint Hill
October,
total = floodway +
total = 50 feet
total = 35 R
1999
100% of floodfringe
streamside = 20ft
streamside = 20ft
but no less than 100 ft
managed use = 20ft.
managed = none
streamside = 30ft
upland = 1 Oft
upland = 15Ft
managed use = 45 ft
upland = remainder
All buffers are measure horizontally on a line perpendicular to the surface water, landward from
the top of the bank on each side of the stream.
FigurcIO: Approximate Extent of the Goose Creek Watershed S.W.I.M. Buffers.
2.3.2 Post Construction Buffers
On June 30, 2007, Mint Hill implemented the Post Construction Ordinance that required
100-foot buffers on all dashed streams on USGS topographic maps and 200-foot buffers
on all solid streams on USGS topographic maps. The Post Construction Ordinance was
• replaced by the Site Specific Management Plan (developed by NCDENR) for the Goose
16

Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
• Creek Watershed on February i 2009. Both ordinances apply but T ,-
-- y pp y t the more stringent
requirement must be met. Properties developed from June 30, 2007 through February 1,
2009 are required to conform to the Post Construction Buffers. Figure 1 1 shows the
approximate extent of the Goose Creek Watershed Post Construction Buffers.
•
Figure 11: Approximate Extent of the Goose Creek Watershed Post Construction
Buffers.
2.3.3 Goose Creek Watershed Site Specific Management Plan.
The Goose Creek Site Specific Management Plan was adopted on February 1, 2009 and
applies to the entire Goose Creek Watershed. The expressed purpose of the ordinance is
to protect the endangered Carolina Heelsplitter Mussel. The ordinance places specific
controls on all new development in the watershed including the following:
l . Controls stormwater for all projects disturbing more than one acre. These
requirements include the removal of 85% TSS and control and release of the l year
24 hour storm at pre -development rates.
2. Controls discharges from WW"fps. No new WW"1'p discharges will be permitted.
3. Controls toxicity to streams for specific parameters. Ammonia is to be reduced to 0.5
mg/L from all discharges to Goose Creek.
• 4. Maintains riparian buffers. All waterbodies within the 100-Year Floodplain will have
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Goose Creek Watershed Management Plan Version I ........................October 31, 2009
-- a 200 foot buffer, other waterbodies will have a 100 foot buffer. These buffers are
essentially the same as the Post Construction Buffers.
•
For the purpose of this Watershed Management Plan, it is assumed that the Site Specific
Management Plan for the Goose Creek Watershed will mitigate future impacts to water
quality from new development. For this reason, the remainder of the Plan and the
recommendations listed are focused upon reducing pollution sources from existing
development where limited or no water quality mitigation efforts have been required.
2.3.4 BMP Retrofits and Land Acquisition
Public property in the Goose Creek Watershed is limited. Figure 12 shows the
distribution of these properties.
Figure 12: Public Property in the Goose Creek Watershed.
Goose Creek Raingarden Protect
A grant was obtained by CMSWS with the goal of reducing the discharge of non -point
source pollutants from land development activities and improving water quality
conditions in Goose Creek. Specifically, the grant seeks to protect habitat for the
• Carolina heelsplitter through the completion of retrofitting LID structures into existing
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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
developments within the Goose Creek watershed in Mint Hill. These structures also
serve as demonstration projects for the use of LID techniques. Educational signage was
incorporated into the demonstration projects to promote the proper implementation of
LID.
The first of the project sites is located at the Mint Hill Park on Fairview Road. The 52-
acre park located in the headwaters of the Goose Creek watershed has approximately 3
acres of impervious surface, including a large parking area. It has soccer and baseball
fields, tennis and handball courts, a playground, and nature trails. Prior to the project, a
curb and gutter system conveyed storm water from parking lots, trails and outbuildings to
a detention basin before discharging into Goose Creek. The project re-routed storm water
from 4.9 acres through LID BMPs. The other LID demonstration project is located at the
Bain Elementary School in the Goose Creek watershed within the "Town of Mint Hill.
This project treated previously untreated runoff from approximately l acre of parking lot
with a raingarden.
2.3.5 i?xistingNPDESPermitted WWTPs
At the time of writing of the Goose Creek Fecal Coliform TMDL there were six
permitted WWTPs. Since that time the Hunley Creek and Fairview Elementary facilities
have been taken off line. 'Table 9 presents the remaining permitted dischargers.
Table 9: NPDES Permitted Dischargers in the Goose Creek Watershed
Facility Name
Address
NPDES ID
Permitted Flo►v
cfs
Oxford Glen
15349 Bexley Place
NC0063584
0.075
Ashe Plantation
Quarters Lane
NC0065749
0.154
Country Woods
Country Woods Dr
NC0065684
1.036
Fairfield Plantation
Stoney Ridge Rd
NC0034762
0.108

Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
SECTION 3. WATERSHED INDICATORS AND GOALS
3.1 Upland
3.1.1 Upland Water Quality Indicators
Upland water quality is associated with pollutants in storm water runoff from the
watershed draining to Goose Creek. The upland water quality indicators selected for this
Watershed Management Plan are Total Suspended Sediment (TSS), Total Phosphorus
(TP) and "Total Nitrogen (TN). These pollutants are indicative of the impact that
contaminated storm water runoff has on water quality. Moreover, they are capable of
being accurately simulated with relatively simple methods (unlike temperature or fecal
coliform) and are indicators of other parameters of concern.
3.1.2 Upland Water Quality Goals
Tetra Tech (2004) conducted an analysis of watershed scale upland loading rates for
existing conditions for all watersheds in Mecklenburg County for TSS, TN and TP. They
correlated the loading rates back to biological health and scored cacti watershed based
upon the results. They were able to determine that watersheds capable of sustaining a
fully supporting biological community displayed very similar upland pollutant loading
rates for TSS, TN and TP. Similarly, the Goose Creek Fecal Coliform TMDL (MCWQP
• and NCDENR, 2005) presented a necessary reduction in upland fecal coliform of'92.5%
to attain the in -stream standard. Upland fecal coliform reductions of 92.5% are
essentially unattainable using currently available technology and techniques. Treatment
for fecal coliform will be optimized to the maximum extent practicable using existing
technology and techniques and working with site specific constraints. The upland goals
for ammonia and copper were developed through the estimated loading rates from the
rural residential land uses. The upland loading rate goals and percent reductions are
presented in Table 10.
Table 10: Upland Pollutant Loading Rate Goals.
Upland Pollutant Loading Rate Goals
.
TN < 4 lbs/acl ear
2.
Ammonia < 0.2 lbslaclyear and End of Pipe concentrations < 0.5 m /lt
3.
TP < 0.6 lbslacl ear
4.
TSS < 0.22 tons/ac/ car
5.
Fecal Coliform: 92.5% reduction in upland fecal coliform.
6.
Co cr < 0.01 Ibs/ael ear
In addition to the loading rate goals, a specific concentration goal for ammonia of 0.5
mg/L has been adopted for new development. It is estimated that attaining the TN goal
listed in Table 10 for existing development will result in attainment of the 0.5 mg/L goal
listed in the Site Specific Management Plan as well. The TN goal of < 4 lbslaclyear
equates to a loading rate of a forested tract. Forested tracts have proven to be the most
• sustainable land -cover for the Carolina Heelsplitter, indicating this goal will be effective.
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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
- Similarly, a 92.5% reduction in fecal coliform bacteria in the watershed was established
in the TMDL. To attain this goal, all stormwater originating from built upon areas will
need to be treated using either a bioretention cell or infiltration trench. These BMPs are
the only ones capable of. removing 90% of fecal coliform from stormwater runoff.
The goals presented in Table 10 are appropriate to be applied to retrofit BMP projects as
a catchment wide design standard. In other words, retrofit BMP projects in a particular
catchment should strive to meet the goals in Table 10; however, it is recognized that each
individual project may not meet the goals.
3.2 In -Stream
3.2.1 in -Stream Water Quality Indicators
In -stream water quality is associated with pollutants in the stream channel. The in -stream
water quality indicator selected for this Watershed Management Plan is TSS. This
indicator will provide an indication of the TSS pollutant load conveyed by the channel.
3.2.2 In -Stream Water Quality Goals
Tetra Tech, Inc. (2002) summarized several reports pertaining to sediment production
and biological health. Simmons (1993) summarized sediment characteristics of 152
North Carolina streams and rivers (including 100 within the Piedmont region) from data
taken during the 1970s. Crawford and Lenat (1999) provide estimates of annual sediment
yield from three (3) Piedmont watersheds near Raleigh, N.C., including 0.13 ton/acre for
a predominantly forested watershed, 0.31 ton/acre fi-om an agricultural watershed, and
0.59 ton/acre from an urban watershed. In both studies, sediment yield was estimated
from in -stream suspended sediment concentrations, so the annual areal sediment yields
reflect not only sediment from the land surface but also in -stream sediment transport and
sediment from bank erosionlcollapse. Crawford and Lenat (1989) performed extensive
biological sampling in the three watersheds they studied and calculated metrics for taxa
richness, abundance, and pollution tolerance for invertebrates and fish. In summarizing
their biological data, they rated the forested watershed as having high measures of biotic
characteristics, the agricultural watershed as having medium to high measures, and the
urban watershed as having low measures. Under North Carolina water quality
regulations, streams and lakes must be able to support aquatic life. A rating of Fair or
Poor for Benthic Invertebrate Bioclassification or Fish Community Structure prevents a
water body from being rated as "fully supporting" under Section 305(b) of the Clean
Water Act. Based on the two studies investigated by Tetra Tech, Inc., an approximate in -
stream sediment load goal of 0.30 ton/acre/year is recommended as a goal.
Currently, in -stream data allowing assessment of the sediment load goal of 0.30
tons/acre/year is not available in the Goose Creek Watershed. in order to determine
progress toward the goal, it is proposed that two (2) long term sediment monitoring
stations be installed in the Goose Creek Watershed. These sites should coincide with
• long term monitoring sites established for assessing channel properties (permanent cross
21

Goose Creek Watershed Management Plan Version I ........................October 31, 2009
• sections, Vetc.). One site should be established on Duck Creek w
near Tara Oaks and the
other site should be established upstream of The Bridges Mall Site. Data collected at
these sites will allow the development of an annual sediment versus time flow curve.
Each year will be compared against previous years to determine if the sediment carrying
characteristics of Goose Creek (and hence the sediment loads) are improving. Also, the
data collected will be used to estimate progress toward attaining the overall goal of 0.30
tons/acre/year. Table 11 presents the in -stream water quality goals.
•
•
Table 11: In -Stream Water Quality Goals.
In -Stream Water uali Goals
1.
TSS < 0.3 tonslacl ear
2.
Benthic Macro i nverteb rates = Fully Supporting
3.
Fish = Fully Supporting
4.
Attainment of fecal coli form standard 200 c.f.u.1100 ml
5.
Attainment of ammonia end of pipe foal of 0.5 m IL
Monitoring to determine compliance with these goals is presented in Appendix A.
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Goose Creek Watershed Management Plan Version I ........................October 31, 2009
• SECTION 4. WATERSHED ASSESSMENT n
•
4.1 Upland Characterization
In order to prioritize areas of the Goose Creek Watershed, an upland characterization
methodology was developed based upon work completed by Tetra Tech, Inc. (2004) for
the Post Construction Ordinance Stakeholder Group. The resulting prioritization will be
used to guide property acquisition for installation of water quality BMPs and to focus
efforts on voluntary retrofitting of existing upland sources of pollution.
The upland characterization was completed through an evaluation of existing levels of
pollutant loading, impervious cover and buffer impacts. Specifically, the indicators used
were Total Phosphorus (TP), Total Nitrogen (TN), 'Total Suspended Sediment (TSS),
Fecal Coliform, ammonia, Copper and percent of the strcam buffer currently un-forested.
The information presented in this Section of the Watershed Management Plan deals only
with existing sources of pollution in the Goose Creek Watershed. For the purpose of this
document, it was assumed that future sources of pollution will be attenuated through
implementation of the Site Specific Management Plan, which is presented in Section
2.3.3.
4.1.1 Methodology
The basis for the upland characterization presented herein is an updated existing land -use
dataset developed by Tetra Tech Inc. (2004). The land -use data set was developed
through interpretation of a combination of parcel information, aerial photographs, and
tree canopy data. The process is more thoroughly described in "Tetra Tech ]lie. (2004).
Development in the watershed that has occurred since 2004 was manually entered into
the data set. The land -use data set provides a distribution and classification of all land -
uses in the Goose Creek. Watershed. The land -use categories, along with abbreviations
and typical impervious percentages seen in the Goose Creek watershed are presented in
Table 12.
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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
• -- - ...
Table 12: Goose Creek Land Use Categories and Abbreviations.
•
Land Use Class
Typical Lot
Size
Percent
Impervious
Abbreviation
Heavy Commercial
Variable
85
COMM-H
Light Commercial
Variable
45
COMM-L
Forest
NA
0
FRST
Golf Course
NA
8
GC
High Density Residential
0.125 — 0.25 ac
41
HDR
I-li gh Density Multifamily Residential
Variable
70
HMFR
High Density Mixed Urban
Variable
70
HMX
Heavy industrial
Variable
66
iND
Institutional
Variable
40
INS
Interstate Corridor
NA
36
INTERSTATE
Low Densi Residential
2 — 5 ac
9
LDR
Medium DensitX Residential
0.25 — 0.5 ac
30
MDR
Meadow
NA
0
MEADOW
Multi Farrflly Residential
<0.125
60
MFR
Medium Low Density Rcsidential
0.5 — 2 ac
19
MLDR
Mixed Urban
Variable
60
MX
Office/lndustriai
Variable
72
01-1-1
Light Office/Light industrial
Variable
30
Ol-L
Park
NA
9
PARK
Rural Residential
>5 ac
4
Rik
Ultra Hi h Density Mixed Urban
Variable
90
UHMX
The distribution of the land -uses for the Goose Creek watershed is shown in Figure 8.
The land -use data for the Goose Creek Watershed was sub -divided into catchments using
GIS software. The catchments were delineated using the Watershed Information System
(WiSe) with an approximate drainage area of I square mile per catchment. Catchments
with very small drainage areas were merged into nearby catchments to reduce the number
of reporting units. A total of 14 catchments were delineated for the Goose Creek
Watershed. Figure 13 shows the distribution of the catchments in the Goose Creek
Watershed.
24

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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
Fees
Figure 13. Goose Creek Watershed Catchments.
The upland pollutant loading rates by land -use for TP, TN and TSS were adopted from
Tetra Tech Inc. (2004) and are listed in 'fable 13. Loading rates for ammonia and fecal
coliform were calculated using annual runoff estimates and concentrations within the Site
Evaluation Tool (Tetra Tech, Inc., 2005). Catchment loading rates were determined by
multiplying the area of each land -use in the catchment by the appropriate loading rate and
summing the total for all land -uses within the catchment. Catchment scale loading rates
for the Goose Creek Basins are provided in Table 14.
25

Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
Table 13: Upland Pollutant Loading Rates by Land -Use.
LAND -USE
TN
(Ibslac/year)
TP
(Ibs/ac/year)
TSS
(tonslae/year)
Ammonia
(Ibslac/year)
Fecal
Coliform
(c.Cu.lyear
Copper
(Ibslac/year)
COMM-H
19.44
2.85
0.76
4.38
38
0.124
COMM-L
12.44
1.89
0.69
2.05
20
0.070
GC 1
5.17
0.83
0.47
0.22
4
0.012
HDR
8.73
1.4
0.47
1.14
18
0.064
INS
8.63
1.39
0.48
1.15
18
0.063
INTERSTATE
7.81
1.25
0.4
3.65
16
0.118
LDR
4.1
0.66
0.28
0.39
4
0.016
MDR
7.61
1.24
0.52
0.97
13
0.035
MEADOW
2.39
0.38
0.13
0.11
0.3
0.006
MFR
10.65
1.68
0.39
2.65
27
0.090
MLDR
6.5
1.07
0.57
0.61
9
0.024
01-1-I
11.87
1.96
0.34
1,94
32
0.106
01-L
7.61
1.24
0.52
0.90
13
0.035
RR
3.59
0.59
0.3
0.16
2
0.009
Note: See Table 12 for abbreviation descriptions.
Table 14: Catchment Loading Rates
Basin ID
Fecal
Coliform
cfu/ ear
TN
(lbs/year)
TP
(Ibs/year)
TSS
(tons/year)
Ammonia
(lbs/year)
Copper
(Ibs/year)
BASINI
3.0E+13
2762
444
191
405
15.4
BAS1N2
8.6E+12
663
107
46
122
4.5
BASIN3
3.1E+13
3030
490
216
374
14.5
BASIN4
4.6E+13
3637
585
252
468
18.3
BASINS
1.7E+13
1250
201
80
308
10.6
BASiN6
3.8E+13
3194
513
221
426
16.3
BASIN7
7.6E+12
1055
170
77
92
3.9
BASINS
3.1E+13
2974
481
215
338
13.5
BASIN9
1.1E+13
1338
216
98
128
5.4
BASINIO
6.1E+12
783
126
58
75
3.1
BASiNII
3.9E+13
2952
459
168
573
18.9
BAS1N12
4.5E+13
4723
763
346
503
20.3
BAS1N13
5.8E+12
713
114
46
106
4.0
BASIN14
1.6E+13
1718
279
134
]6G
6.8
The percent of impacted buffer in the Goose Creek Watershed was also characterized.
The characterization was completed using tree canopy data for Mecklenburg County
intersected with the FEMA floodplain delineation and the S.W.I.M. and Watershed buffer
coverages. The resulting GIS dataset, which depicts the presence or absence of tree
canopy within stream buffers, was intersected with the catchment coverage to determine
the percent of un-forested buffer within each catchment. l7igure 14 shows the distribution
. of forested and un-forested buffer within the Goose Creek Watershed.
26

Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
0 .. - ­.- ­ M' �! I T�. 9- ­M..tM� ro-rM
+s?oa
�FeaI
Figure 14: Distribution of Forested and Un-forested Stream Buffers within the
• Goose Creek Watershed.
Levels of impervious area, which are indicative of level of development, for the Goose
Creek Watershed were characterized by catchment. Impervious percentages by
catchment were determined by multiplying the area of each land -use within the
catchment by the appropriate impervious percentage (Table 12) and summing the
resulting impervious areas for the entire catchment. Catchment area, impervious area and
impervious percentage information is presented in Table 15.
Table 15: Catchment Area Impervious Area and Imp rvious Percentages
Basin I.D
Total Area
ac
Impervious
Area ac
Impervious
Percentage
BASIN
637.5
70.2
11%
BASIN2
127.9
20.0
16%
BASIN3
726.0
76.6
11%
BASIN4
713.5
106.6
15%
BASINS
254.9
40.3
16%
BAS1N6
681.7
85.8
13%
BASIN7
297.5
19.3
6%
BASIN8
694.0
73.1
11%
BASiN9
341.2
29.3
9%
BASIN 10
210.7
15.6
7%
BASIN] 1
523.6
92.8
18%
BASIN 12
1137.9
111,2
10%
BASINI3
201.8
16.9
8%
BASINI4
403.6
36.4
9%
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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
4.1.2 Results
Results for each of the basins for each indicator evaluated were ranked to determine the
basins with the highest level of impairment. 'fable 16 presents the ranks for all 14 Goose
Creek Basins.
Table 16: Results of Upland Impairment Characterization. Note: Higher rank
indicates increasing level of impairment (Basin 11 most impaired).
Basin ID
Fecal
Rank
TN
Rank
TP
Rank
TSS
Rank
NH4
Rank
Cu
Rank
Average
Rank
Overall
Rank
BASINII
1
1
1
5
2
2
2
1
BASIN2
2
2
2
1
3
3
2
2
BASIN5
3
4
4
6
1
1
3
3
BASIN4
4
3
3
2
4
4
3
4
BASIN6
5
5
5
4
6
6
5
5
BASINI
6
6
6
9
5
5
6
6
BASIN8
7
7
7
7
9
9
8
7
BASIN14
9
8
8
3
11
11
8
8
BASIN3
8
9
9
10
8
7
9
9
BASIN12
10
10
10
8
10
10
10
10
BASIN9
11
11
11
11
12
12
11
11
BASIN13
13
14
14
14
7
8
12
12
BASIN10
12
12
12
12
13
13
12
13
BASIN7
14
13
13
13
14
14
14
14
Figures 15 — 21 present the overal l ranking based upon the results of the upland
characterization for Fecal Coliform, TN, TP, TSS, NI-14, Cu and Overall Impairment
respectively. Note that darker colors indicate increased levels of impairment.
28

Goose Creek Watershed Management Plan Vernon 1 ........................October 31, 2009
•
•
Figure 15: Fecal Coliform Rank.
J
F

Goose Creek Watershed Management Plan Version I ........................October 31, 2009
•
•
Figurc 16: TN ]tanking.
LI
30

Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
J
Figure 17: TP Ranking.
•
cl

Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
Figure 18. TSS Ranking.
•
32

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•
Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
Figure 19: NH4 Ranking. r
33

Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
.7
Figure 20: Cu Ranking.
•
34

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Goose Creek Watershed Management Plan Version l ........................October 31, 2009
Figure 21: Overall Impairment (based upon upland pollutant load).
4.2 Stream Channel Characterization
In order to prioritize areas of the Goose Creek Watershed for stream channel restoration,
enhancement and preservation, a characterization methodology was developed by
MCSWS. The characterization was completed through an evaluation of existing stream
channel conditions that allowed reach -level prioritization based on biological integrity
and geomorphic stability, as well as predicted bank erosion rates.
4.2.1 Methodology
MCSWS utilized base data in GiS format, including recent aerial photography, stream
locations, roads and parcel boundaries. Using GIS, the Goose Creek Watershed was
divided into 30 separate reaches (Figure 22). For the purposes of this study, Buck defines
a reach as a discrete segment of stream that consistently exhibits a set of physical features
that appear to be significantly different from its contiguous upstream and downstream
segments. Twelve basins were chosen for assessment that appeared to represent a range
of stream conditions and land uses found throughout the watershed. Because perennial
streams were to be assessed, only streams receiving 100 acres or greater of drainage were
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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
chosen, which resulted in 30 individual reaches approximating 30 miles of stream for
direct assessment.
Stream Classification `
Each reach was visually classified according to the Rosgen classification system (Rosgen,
1994). This heirarchial methodology categorizes streams based on geomorphic features
that describe channel geometry in the three dimensions of planform, cross-section and
longitudinal profile. Most of these parameters are expressed as dimensionless ratios such
as width/depth. The use of dimensionless ratios allows categorization and comparison of
streams of varying sizes.
Bank Erosion
Streambank erosion rates were determined by measuring the Bank Erosion Hazard index
(131:H1) and Near Bank Stress (NBS) (Rosgen, 2001) throughout each study reach. This
semi -quantitative method is widely used in North Carolina and is based on measured
values and visual estimates made at discrete sections of streambank. BEI-11 provides
results in adjective ratings, ranging from very low to extreme. BEI-11 is based on tale
following:
• bank height/bankfull height
• root depth/bank height
• root density (%)
• • bank angle
• surface protection (%)
• bank materials and stratification
NBS provides a measurement of the distribution of flow through a cross section. The
near bank region is that third of stream cross section nearest a bank being studied.
Rosgen (1996) correlated the ratio of shear stress in the near bank region to mean shear
stress and developed an adjective rating system for reporting. Reasonably accurate
estimates of NBS can be made quickly using professional judgment.
Erosion rates have been associated with the adjective ratings for bank erodibility and
near -bank stress based on data collected from Colorado. Data collected at the Mitchell
River in North Carolina supports the use of the Colorado data (Rosgen, 2001). The
erosion rate was then multiplied by the height and length of the streambank. Rates are
expressed as cubic feet of sediment eroded annually per linear foot of streambank. Total
tons per year were also calculated for each study reach.
Channel Evolution
Simon's Channel Evolution Model (1989) was used to assign one of the six stages listed
below to each reach based on field observations.
• Stage I: The waterway is a stable, undisturbed natural channel.
• Stage il: The channel is disturbed by some drastic change such as forest clearing,
urbanization, dam construction, or channel dredging.
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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
........
._ .....
• Stage ill: Instability sets in with scouring of the bed.
• Stage IV: Destructive bank erosion and channel widening occur by collapse of
bank sections.
• Stage V: The banks continue to cave into the stream, widening the channel. The
stream also begins to aggrade, or fill in, with sediment from eroding channel
sections upstream.
• Stage VI: Aggradation continues to fill the channel, re -equilibrium occurs, and
bank erosion ceases. Riparian vegetation once again becomes established.
Habitat Assessment
Mecklenburg County Habitat Assessment Protocol forms were completed by field staff
and assigned a score per parameter with a total possible score of 200 being the best. The
parameters of the habitat assessment are broken into primary, secondary, and tertiary
categories. Primary parameters describe those instream physical characteristics that
directly affect the biological community. Primary conditions evaluate substrate and
available cover, embeddedness, epifaunal substrate, velocity and depth regimes, and pool
variability. Secondary parameters (channel alteration, bottom scouring and deposition,
channel shape, and channel sinuosity) relate to channel morphology, which controls the
behavior of stream flow and the sediment deposits the stream collects. The tertiary
parameters in the habitat assessment matrix include bank stability, bank vegetative
protection, and the riparian vegetative zone. E.ach stream reach was photographed using a
• digital camera so that all aspects of the study area were photo -documented.
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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
Figure 22: Goose Creek Stream Characterization Reaches.
4.2.2 Results
A total of 30 study reaches were delineated and assessed. Reach lengths varied from
several hundred feet to over 7000 feet. The number of reaches per basin ranged from
three to seventeen. Once in the field the predetermined reach lengths (based on drainage)
were sometimes broken into smaller reaches or combined into larger reaches based on
field observations. For example, if the land use adjacent to the stream channel changed
significantly (e.g., forest to industrial) a new reach would begin. Due to the large number
of study reaches, data was also compiled and presented per basin (Table 17) to aid in
management efforts.
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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
Table 17: Results of Stream Channel Characterization.
r
_..
�brnsian RateProductian
Secl�men
t
b,1 '
°'
F
Rea h"
i ft3lear� 1�ft
.._
Tonear "
. MHAF Sco`
=Ralik.
+DS�TOU, 512�7
0.13
16
r4,47, 1
16
`DSTOUS129'
U�
0.55
158
�Ii'43`'':'s
25
,,&,...
a .r .,
DSTOUS130.
0.66
0.03
�y]'�S7 °:'
�lrlF'l.Ti9H�
f'Y6Xi5fAsiAR'.1'I�R'4�9SR'C.
IJ'(AY♦,
'Y..'
21
'DSTOUS�fR;
0.53
54
19
D8TOUS134'
0.57
49
15
.vn.. ds+..rarrfi. r.';
�i�S�FL....,:rt•sr x...
JfgTOUS142
1.0030
214
DSTOU8179
0.10
15
144
27
.. ...
�
DST0USI$4 1
1.85
335
122
6
,`..ayaEae s
DSTOUS186
1.12
221
y �' 130,
8
I}ST6US187
0.80
55
"137
13
I}STOUS210
1.22
136
7
DSTOUS211
-r..=, ..
0.62
172
30
DSTOUS2"113'
0.59
189
132
24
DSTOUS214
0.19
15
146
17
DSTOU,S215
0.60
83
134
10
DSTOUS261
1.02
106
146
18
0,STOUS29.4
0.60
123
TI5
23
I)STOUS296
0.55
135
95..
1
6STOU92-97
0.55
61
1 M
12
DSTOU5299
1.48
162
109.
4
DST6US326
..,
0.78
179
111
22
71)STOUS328
0.39
39
136
11
DSTOUS329
0.85
212
108
2
DSTOUS3,57
0.42
40
109
3
DSTOUS3,58
1.14
91
92
14
I)STOUS436 '
0.690
102
131
USTODS,135
1.45
210
124
29
USTOUS331
0.21
46
108
26
USTODS3S3
1.19
450
117
28
UST06S394
0.86
339
154
20
Note: Decreasing MHAP score indicates greater impact.
A single erosion rate was calculated for each of the 30 reaches based on BEHUNBS.
Based on correspondence with D. R.osgen (2008), categories of erosion rates are best
assigned adjectives by orders of magnitude; therefore, rates of 0.01 feet/year are assigned
the adjective Tow", 0.1 feet/year are "Moderate", and greater than or equal to 1.0
• feet/year are "High."
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4.3 Fecal Coliform Assessment
As described earlier in this document, a WQRP for the Goose Creek Watershed was
initiated after receipt of the August 10, 2006 letter from NC DIINR. A part of the WQRP
was to catalog the storm water outfalls in the watershed. In order to satisfy the
requirements of this inventory, all streams draining more than 50 acres were walked by
MCWQP personnel. Apart of the walk was to visually inspect the channel and buffer
areas for evidence of fecal coliform discharges and to collect stream and end of pipe
samples to be analyzed for fecal coliform. The results of the stream walks can be found
in the MCWQP, 2007. In addition to the stream walks, the WQRP requires monitoring of
storm drain outfalls, in stream monitoring and associated follow-up activities. 'These
activities are outlined in MCWQP, 2009. Currently, the MCWQP has teamed with the
Mecklenburg County Ground Water and Waste Water Program to evaluate septic systems
in the watershed. At the time of writing of this plan a pilot study had been completed on
a small area of the watershed. Approximately 180 inspections were conducted and 5
systems were found to be failing. Fused upon these results the pilot study will be
expanded throughout the Goose Creek Watershed in Mecklenburg County and is
expected to be completed by the end of FY201 1.
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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
SECTION 5. CANDIDATE RESTORATION, RETROFIT AND
PRESERVATION SITES
5.1 Upland BM-P Retrofit Sites
The intent of this section is two fold:
1. identify publicly owned parcels that are significant sources of pollution that would
benefit froin BMP retrofit.
2. Identify catchments for detailed field investigation to identify privately owned parcels
that are significant sources of pollution and appropriate for BMP retrofit.
All retrofit BMI's installed in the Goose Creek Watershed should be designed with the
Upland Pollutant Loading Rate Goals (Table 11) as a design standard.
5.1.1 Priority Basins
Based upon the upland pollutant load analysis, BMP retrofit efforts should be
concentrated on or downstream of the most impacted basins. The G most impacted basins
were focused upon for this plan. Figure 23 shows the extent of these focus basins within
the Goose Creek Watershed. The following Section discusses each focus basin in detail.
Figure 23: Focus Basins within the Goose Creek Watershed.
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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
Focus Basin 11 (The Bridges)
Focus Basin 1 I has the highest estimated pollutant loads in the entire Goose Creek
Watershed. Figure 24 shows the extent of the Basin. The primary reason for Basin I 1
receiving the highest ranking is The Bridges mall site. Although the mall has not yet
been built, grading permits have been issued and land clearing begun. Moreover, this
basin contains much of the I-485 Lawyers Road interchange and a significant portion of
1-485 north of the interchange. A limited amount of single family residential is also
present in the basin. it is very likely that after the mall is constructed storm water volume
and velocity as well as pollutant runoff will increase. Currently NCDOT owns one small
parcel in the northeast portion of the basin on the drainage divide. This parcel may be
suitable to treat a smali portion of I-485.
Figure 24: Focus Basin l 1.
Focus Basin 2 (Shannamara)
Focus Basin 2 has the second highest estimated pollutant loads (normalized by area) in
• the entire Goose Creek Watershed. Figure 25 shows the extent of Focus Basin 2. The
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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
combination of 1-485 road surface, golf course and medium density residential combines
to cause the high pollutant loads. There appears to be minimal opportunity for land
acquisition in Focus Area 1, however NC DOT has indicated their desire to partner with
MCSWS within road ROW. There is very limited retrofit opportunity within the
Shannamara neighborhood.
Figure 25: Focus Basin 2
Focus Basin 5 (Lawyers Road and I-485)
Figure 26 shows the extent of Focus Basin 5. It is comprised of I-485 with limited large
lot residential. The key to this basin is capturing and treating runoff from I-485. NC
DOT owns property where runoff from I-485 enters Goose Creek. During the site
evaluation there appeared to be an impoundment on this property that may partially treat
the runoff. Additional measures will need to be constructed to provide additional
treatment to meet the goals outlined previously, particularly for NH4 and fecal coliform.
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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
Figure 26: Focus Basin 5 (Note: Publicly owned property shown in yellow).
Focus Basin 4 (La►vyers Road)
Figure 27 displays the extent offocus Basin 4. It is essentially bisected by Lawyers
Road from north to south. There is a substantial impoundment located in the center of
the basin that could he retrofitted to provide detention and additional water quality
treatment. The pond is currently poorly maintained and possibly a source of sediment.
The headwaters of the basin are located at NC 51 and dominated by Queens Grant
School. Bain I?lementary School has an existing rain garden that treats a portion of a
parking lot. Additional infiltration features should be retrofitted into the site. The basin
is typified by agricultural plots with large lot residential and less medium density
residential.
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Goose Creek Watershed Management Plan Version l ........................October 31, 2009
Public Parcels
The intent of this Section is to identify publicly owned parcels for BMP retrofit.
Specifically, publicly owned parcels that are significant sources of pollution and are
located in one of the "Focus" areas have been assigned the highest priority.
There are currently 20 parcels in public ownership in the Goose Creek Watershed. These
parcels are located throughout the watershed, but are mainly focused in areas around I-
485 and Lawyers Road. Where beneficial to water quality, these properties should be
further investigated to determine the final suitability for BMP installation using this
report as a guide. Figure 29 shows the distribution of the parcels in public ownership in
the Goose Creek Watershed. The parcels were evaluated and prioritized using the
following criteria:
L Position either on or downstream of a basin with a high or moderately high overall
rank for upland pollutant loading.
2. Proximity to the stream. Parcels directly adjacent to the stream were ranked higher.
3. Parcels with adequate space for installation of reasonably sized BMPs were ranked
higher. If there did not appear to be enough space for a BMP, the parcel was
disqualified.
4. Parcels receiving runoff from more than two square miles were disqualified,
5. Parcels able to treat high concentrations of impervious area, regardless of size were
• ranked higher.
Of the 20 public parcels in the Goose Creek Watershed, 4 meet the criteria listed above.
The Priority Parcels are presented in Table 18. Figures 30 — 32 are aerial photos of the
High Priority Parcels.
•
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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
Figure 29: Goose Creek Watershed .Public Parcels.
Table 18: Public Parcels Meeting BMP Criteria and Priority.
Parcel
Owner Info.
Priority
19701 146
CHARLOTTE MECKLENBURG SCHOOLS
Medium
19514129
DEPTOF TRANSPORTATION
High
19514183
DEPT 01 TRANSPORTATION
Low
19S 14196
DEPT OF TRANSPORTATION
Low
19514208
DEPT OI� TRANSPORTATION
Low
19514211
DEPT OF TRANSPORTATION
Medium
19514219
DEPT OF TRANSPORTATION
High
19523107
D13PT OF TRANSPORTATION
Low
19523204
DEPT OF TRANSPORTATION
Low
19704137
DEPT OF TRANSPORTATION
Low
19704138
DEPT OF "1RANSPORTATION
Low
19706218
DL'PT OF TRANSPORTATION
Low
19720106
DEPT OF TRANSPORTATION
Low
19720111
DEPT OF TRANSPORTATION
Low
19720199
DEPT OF TRANSPORTATION
Low
19503104
MLCKLL'NBURG COUNTY
Low
19503106
MECKLENBURG COUNTY
Low
19517156
MECKLENBURG COUNTY
Low
19523106
MECKLENBURG COUNTY
Low
19524101
MECKLENBURG COUNTY
Low
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Goose Creek Watershed Management Plan Version I ........................October 31, 2009
Figure 32: Aerial Photo of Parcels 1972011.1.(Low Priority) and 19720106 (Low
Priority).
5.2 Stream Channel Management Opportunities
The management opportunities outlined in this plan are based on numerous
considerations. The analysis of collected data easily allows a ranked hierarchy based on
need; however, project feasibility is of equal importance and takes in account additional
factors. For example, the location of utility right-of-ways can constrain design parameters
or could be costly to relocate. The number of private property owners within the
proposed project area plays a crucial role in determining scope and size. The procurement
of easements can be challenging and time consuming, as a result, the lower number of
adjacent land owners is considered more favorable. The presence and condition of a
riparian buffer can also be a deciding factor during the prioritization process. A stream
with little to no buffer is often highly prioritized. An intact buffer can hasten the lateral
instability commonly found in the streams of Goose Creek Watershed. Also, riparian
buffers with large mature trees increase cost and may limit restoration and enhancement
techniques available. Table 19 identifies the highest priority stream reaches in the Goose
Creek Watershed.
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Goose Creek Watershed Management Plan Version I ........................October 31, 2009
For the purposes of mitigation credit, the US Army Corps of Engineers defines
restoration and enhancement as follows (USACE, 2003):
Restoration — the process of converting an unstable altered or degraded stream corridor,
including adjacent buffers and flood prone areas, to its natural stable condition. Restoration
is based on reference conditions and includes restoring the appropriate channel dimension,
pattern and profile. Far impacts tofair or poor quality waters, the mitigation credit ratio is
generally 1.0 (1'e. for every 100 feet of stream impact, 100 feet of stream restoration would
he required for mitigation),
Enhancement Level 1— mitigation category that includes improvements to the stream
channel and riparian zone that restore dimension andprofile, bul do not address pallerrr.
required for every 100 feet of impact).
Entrancement Level 11— mitigation category for measures that improve channel stability,
water quality and habitat, but fall .short of restoring both dimension and profile.
Examples include bank stabilization, vegetating riparian buffers and using irr-stream
structures to enhance stability and habitat.
Table 19: HiLhest Prioritv Goose Creek Stream Reaches
Reach
Rank
DSTOUS296
I
DSTOUS329
2
DSTOUS357
3
DSTOUS299
4
DSTOUS 142
5
DSTOU5184
6
Reach I)STOUS296
Reach DSTOUS296 is located in Basin 14 upstream of an impoundment (see Figure 33).
']'here is rip -rap on the upstream portion of the reach and the trees have good root depth.
Gravel riffles, and a beaver dam are present. 300 ft of stream has been denuded from
beaver darn breach. Woody debris and root mats form habitat. Sonic mid -channel bars
exist. Bedrock nick -points present. Recommendation is Enhancement Level 1.
Recommendation: Enhancement Level 1
Estimated Cost: $844,735
System: Minor
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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
•
Figure 33: Reach DSTOUS296 Area Map.
Reach DSTOUS329
Reach DSTOUS329 is located in Basin 12 and flows through a relatively undeveloped
stream corridor (see Figure 34). There is a well -vegetated buffer, except the downstream
left bank is pasture. Banks are vegetated thoroughly with shrub and trees. Bed is
composed of silt and sand. Several beaver dams are present. Downstream area has
extreme bank erosion from cattle.
Recommendation: Enhancement Level 1
Estimated Cost: $851,879
System : Minor
s
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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
Figure 35: Reach DSTOUS357 Area Map.
Reach DSTOUS299
Reach DSTOUS299 is located in Basin 1 and flows through a relatively undeveloped
stream corridor downstream of DSTOUS357 (see Figure 36). It may be beneficial to
combine these two projects into a single effort. Livestock have access to the stream
causing significant localized erosion and cows were noted in -stream at the time of
assessment. Fencing of the livestock out of the creek should be a part of any restoration
or enhancement effort. Notable bedrock and cobble are present. Pools are actively filling
with sand and silt. Most of the entire stream reach is severely impacted by cattle. High
BEHi with low NBS was noted. Good ripple pool sequence, very long riffles with
cobbles and boulders.
Recommendation: Restoration
Estimated Cost: $397,271
System: Major
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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
•
•
Figure 36: Reach DSTOUS299 Area Map.
Reach DSTOUS142
Reach DSTOUS 142 is located in Basin 13 and flows through a relatively undeveloped
stream corridor that is almost entirely in public ownership (see Figure 37). Good riffle
pool frequency; pools shallow; riffles embedded with course sand. Mid -channel bars
present. Bed is fully shaded with mature vegetation. Habitat consists of large cobble and
boulders. Banks are raw due to little surface coverage, good root depth from hardwoods
at top of bank. Bedrock nick -paints throughout the reach were noted.
Recommendation: Restoration
Estimated Cost: $774,953
System: Major
�i]
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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
•
•
Figure 37: Reach DSTOUSI42 Area Map.
Reach DSTOUS184
Reach DSTOUS 184 is located in Basin 10 and flows through a developed stream corridor
just upstream of DSTOUS 142 (see 1i igure 38). These 2 reaches should be combined into
a single project if possible. Stream is vertically stable, and actively aggrading with
coarse sediment from upstream bank erosion. Stream is over -widening. Left bank buffer
protection is inadequate and a good candidate for reforestation. Gravel and small boulder
riffles present with poor frequency. Good pool depth variation bed is partially shaded.
Banks are partially vegetated with grass and shrubs. Deep pools are limited to meanders
and are actively filling with sand. Mid -channel bars of gravel were noted. Logjams were
observed within the lower portion of the bank. Good surface protection. Invasive plant
species are present throughout. Several transverse bars present. Habitat consists of
undercut banks and large cobble.
Recommendation: Restoration
Estimated Cost: $660,333
System: Major
0
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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
Figure 38: Reach DSTOUS184 Area Map.
5.3 Stream Buffer Restoration Areas
The intent of this section is to identify basins with the highest percentage of impacted
(un-forested) stream buffer. Table 20 and Figure 39 present the results of the tree canopy
analysis. All of the basins had more that 74% of the buffer forested which is significant.
Also, the data utilized to prepare the estimates is almost 10 years old and a grant has been
applied for to update the information. At this time, it is recommended that prior to the
initiation of any projects the analysis be redone with the anticipated updated information.
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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
• Table 20: Results of the Stream Buffer Tree Canopy Analysis
•
Basin
Percent of Buffer
Intact
Rank
BASING
74%
1
BASIN5
81%
2
BASIN4
87%
3
BASIN12
89%
4
BASIN2
89%
5
BASINS
89%
6
BASIN11
91%
7
BASIN13
91%
8
BASIN1
91%
9
BASIN9
93%
10
BASIN8
95%
11
BASIN10
95%
12
BASIN14
96%
13
BASIN7
98%
14
Figure 39. Results of the Tree Canopy Analysis (priority basins are outlined in red).
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Goose Creek Watershed Management Plan Version I ........................October 31, 2009
• 5.4 Master Planning for Restoration, Retrofit and Preservation Projects
A minimum of two (2) detailed Master Plans will be developed to guide restoration,
retrofit and preservation projects in the Goose Creek Watershed. The goal of these
Master Plans is to restore Goose Creek to a fully functioning and supporting stream
ecosystem. The Master Planning process will start in the Focus Basins identified in
Section 5.1.1 where the most impaired catchments are located. The planning process will
begin with a thorough evaluation of all properties (including public and private) located
in these Focus Basins to identify specific opportunities for restoration, retrofit and
preservation projects, including properties to be recommended for acquisition by the
County due to their water quality benefit. After the tree canopy data set is updated
{expected in January 2010} specific recommendations will be made regarding buffer
reforestation projects. The highest priority will be given to potential projects (including
BM13 retrofits, buffer reforestations and stream channel restorations) located on publicly
owned properties. However, public property in the watershed is limited. Consideration
will be given to the initiation of these projects as soon as possible. Once potential
projects have been identified, a draft budget will be developed and funding sources
specified. If grants will be included as a funding source, the grants and funding cycles
will be specified as well as the necessary local match. At a minimum, the Master Plans
will include the following:
• Specific location of all recommended projects (include on map).
• Detailed description of the projects, including type, size, etc. (include preliminary
design sketches of the projects)
• Water quality benefit of the projects, including an estimate of pollutant removal
capabilities.
• Budgets and funding sources for the projects.
• Individual project prioritization.
• Major or minor system.
•
An important component of maintaining water quality conditions in Goose Creek is
ensuring the proper operation and maintenance of BMPs and septic systems installer{ to
date to mitigate impacts from existing development as well as retrofit BMPs installed
through the implementation of the Master Plans. "Phis effort will begin in April of 2009
and continue through December 2009 and will include the identification and inspection of
all existing BMPs and at least 200 septic systems in the watershed. Deficiencies detected
will be reported to responsible parties for correction. A regular schedule of BMP
inspections in the watershed will be developed and implemented for both public and
private BMPs.
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Goose Creek Watershed Management Plan Version i ........................October 31, 2009
SECTION 6. MEASURING SUCCi'ESS AND ADAPTIVE MANAGEMENT
6.1 Establishing an Ongoing Water Quality Monitoring Program
As discussed in Section 2.2, Mecklenburg County has historically collected water and
macro invertebrate samples from Goose Creek at monitoring site MY9, which is located
at Stevens M11 Road in Union County approximately 4000 feet downstream of the
Mecklenburg County and Union County line (see figure 2). There is a USGS stream
gage at Goose Creek and Mill Grove Road in Union County. A thorough evaluation has
been completed of the historical chemical, physical and biological monitoring activities
in the watershed and routine monitoring is being conducted to provide baseline data to
measure the effectiveness of restoration measures as they are implemented
6.2 Annual Status Report
By December 31 of every year beginning in 2009 and continuing through the completion
of the Watershed Management Plan (anticipated for December 31, 2024), the
Mecklenburg County Water Quality Program will complete a Goose Creek Watershed
Management Plan Annual Status Report to at a minimum include the following
information:
• Status of compliance with goals identified in Table 12.
• Status of all projects underway in the watershed.
Recommended changes to Watershed Management Plan.
This report will be made available to all the key players involved in the implementation
of the Watershed Management Plan, including the Director of Water & Land Resources,
Manager of Storm Water Lngincering, Manager of the Water Quality Program,
Supervisor of the Yadkin Section and a representative from the Town of Mint Hi 11. This
group will serve as the "Watershed Management Evaluation Team."
6.3 Adaptive Management
The Watershed Managcment Evaluation Team will meet at least annually following the
completion of each Watershed Management Plan Annual Status Report to evaluate the
effectiveness of the Plan at meeting the goals reported as outlined in Section 6.2. This
evaluation will be based on the data and information contained in the Annual Report as
well as other pertinent facts and information provided regarding the effectiveness of the
Plan at meeting established goals. During these meetings, consideration will also be
given as to the effectiveness of the goals at measuring the effectiveness of the Plan. It
may be necessary that goals be changed or that changes be made to the Plan. These
changes will be reflected in the Watershed Management Plan and will become effective
immediately.
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Goose Creek Watershed Management Plan Version I ........................October 31, 2009
• SECTION 7. CONCLUSION
•
.7
The Goose Creek Watershed has been designated critical habitat for the federally
endangered Carolina Heelsplittter mussel and a Water Quality Recovery Program for
fecal coliform has been developed for the watershed. Implementation of the Site Specific
Management Plan is expected to prevent continued degradation of stream water quality
from new development; however, pre-existing sources of pollution remain partially or
completely un-mitigated. In order to restore the water quality in Goose Creek, pre-
existing sources of pollution will need to be mitigated and in -stream stressors to benthic
macro invertebrate life removed. In this way Mecklenburg County can achieve its
ultimate goal for Goose Creek of improving water quality conditions such that designated
uses are met and the creek is no longer impaired. The effective implementation of this
Watershed Management Plan will enable this to be accomplished but it will take time. It
is currently anticipated that this process will take a minimum of 15 years between 2009
and 2024.
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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
AQpendix A
References
Alan, C.J., 2004. Water Quality and Stream Stability Monitoring for Goose Creek
Mecklenburg and Union Counties, North Carolina 2001 - 2003. US Department
of "Transportation, Research and Special Programs Administration, 400 71h Street,
SW, Washington, DC 20590-0001. Report number 2004-06.
Bales, J.D., J.C. Weaver, and J.B. Robinson. 1999. Relation of Land Use to Streamflow
and Water Quality at Selected Sites in the City of Charlotte and Mecklenburg
County, North Carolina, 1993-98. USGS Water -Resources Investigations Report
99-4190. Raleigh, NC.
CI-12M1-Iill, 2003, Charlotte Area Local Watershed Plan. Prepared for North Carolina
Wetlands Restoration Program, Raleigh, North Carolina.
Charlotte -Mecklenburg Storm Water Services, 1997, Mecklenburg County Floodplain
Management Guidance Document. Charlotte, NC
U.S. Department of Agriculture — Soil Conservation Service, 1980, Soil Survey of
Mecklenburg County, North Carolina. U.S. Government Printing Off ice: 1979-
273-222/1 1.
• Ferrell, G.M., 2001, Effects of Land Use on Water Quality and Transport of Selected
Constituents in Streams in Mecklenburg County, North Carolina, 1994-98. USGS
Water -Resources Investigations Report 0 1 -4118. Raleigh, North Carolina.
•
Fridell, J.A., 1997, Recovery Plan for Carolina Heelsplitter (Lasnugona decorale) Lea.
U.S. Fish and Wildlife Service, Southeast Region. Atlanta Georgia.
Mecklenburg County Water Quality Program and NC Department of Environment and
Natural Resources Division of Water Quality, 2005, Total Maximum Daily Loads
for Fecal Coliform for Goose Creek, North Carolina [Waterbody ID NC_13-17-
18A and 13-17-18b). 1617 Mail Service Center, Raleigh, NC 27699-1617.
Mecklenburg County Water Quality Program, 2007, Goose Creek Recovery Program for
Fecal Coliform Bacteria - Stream Walk Final Report. 700 North "Tryon Street,
Charlotte, NC.
Mecklenburg County Water Quality Program, 2009, Water Quality Monitoring Plan for
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North Carolina, 2004, North Carolina Water Quality Assessment and Impaired Waters
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August 15, 2005, at URL http://h2o.enr.state.nc.us/tm_dl/documents/
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Goose Creek Watershed Management Plan Version 1 ........................October 31, 2009
• 2004]ntegratedReporttext-00 I .pdf
North Carolina, 2003; Yadkin -Pee Dee River Basinwide Water Quality Plan, March
2003, at URL
http://l12o.enr.state.nc.us/basinwide/yadkin/Yadkin%20 [inal%202003%20BP/Yad
kin%20final%20complete%20plan%204103.pdf
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Water -Quality Data from Selected Sites in the City of Charlotte and Mecklenburg
County, North Carolina, 1995-97. USGS Open -File Report 98-67. Raleigh, NC.
Rosgen, D. 2008. Personal communication with Brian Sikes, Mecklenburg County
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Sarver, K.M. and B.C. Steiner. 1998. Hydrologic and Water -Quality Data from Mountain
Island Lake, North Carolina, 1994-97. USGS Open -File Report 98-549. Raleigh,
NC.
• Sarver, K.M., W.F. Hazell, and J.B. Robinson. 1999. Precipitation, Atmospheric
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of Charlotte and Mecklenburg County, North Carolina, 1997-98, USGS Open -File
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North Carolina.
64