Mecklenburg County Soil Erosion & Sedimentation Control ...2FPolicy%20... · 1.4 Roles and...

Mecklenburg County Soil Erosion & Sedimentation

Control Policies and Procedures Manual

Developed by: Mecklenburg County Water Quality Program

Developed for: Mecklenburg County and the Towns of Cornelius,

Davidson, Huntersville, Matthews, Mint Hill and Pineville

December 2009

Our Goal: Protect and restore the quality and usability of

Mecklenburg County’s surface water resources.

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Table of Contents

Section 1 Introduction ............................................................................................................. 1

1.1 Problem Statement ........................................................................................................... 1

1.2 Purpose ............................................................................................................................. 2

1.3 Measuring Success ........................................................................................................... 2

1.4 Roles and Responsibilities of the Land Development and Water Quality Programs ....... 3

Section 2 Implementation Strategy ......................................................................................... 4

2.1 Process Phases .................................................................................................................. 4

2.2 Plan Review and Approval ............................................................................................... 4

2.2.1 Purpose .................................................................................................................... 4

2.2.2 Implementation Procedures .................................................................................... 4

2.3 Pre-Construction Meeting ................................................................................................ 7

2.3.1 Purpose .................................................................................................................... 7


2.4 Issuance of Grading Permit .............................................................................................. 8

2.4.1 Purpose .................................................................................................................... 8


2.5 Routine Inspections ........................................................................................................ 10

2.5.1 Purpose .................................................................................................................. 10

2.5.2 Implementation Procedures .................................................................................. 10

2.5.3 Construction Sequence for Stream Crossings ....................................................... 12

2.6 Enforcement ................................................................................................................... 13

2.6.1 Background ........................................................................................................... 13

2.6.2 Issuance of Notices ............................................................................................... 13

2.6.3 Civil Penalty Assessment ...................................................................................... 15

2.6.4 Injunctive Relief.................................................................................................... 18

2.6.5 Certificate of Occupancy Hold ............................................................................. 18

2.7 Final Inspection .............................................................................................................. 18

2.7.1 Purpose .................................................................................................................. 18

2.7.2 Implementation Procedures .................................................................................. 19

Section 3 Ensuring Compliance with the Post-Construction Storm Water Ordinance ......... 21

3.1 Purpose ........................................................................................................................... 21

3.2 Implementation............................................................................................................... 21

Section 4 Documentation ...................................................................................................... 24

4.1 Local Reports ................................................................................................................. 24

4.2 State Reports .................................................................................................................. 25

Section 5 Adaptive Management .......................................................................................... 26

5.1 Adapting the Program to Meet Changing Needs ........................................................... 26

5.2 Responding to State Reviews of the Erosion Control Program ..................................... 26

5.2.1 State Review on March 11 and 12, 2008 .............................................................. 27

5.3 Staff Training ................................................................................................................. 31

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List of Figures

Figure 1: Jurisdictional Boundaries and CMANN Sites ................................................................. 3

List of Appendices

Appendix 1: 303(d) Listed Streams for Construction Related Parameters ................................... 33

Appendix 2: Mecklenburg County Soil Erosion and Sedimentation Control Ordinance (Revised October 7, 2008) ........................................................................................................................... 35

Appendix 3: Mecklenburg County Soil Erosion and Sedimentation Control Ordinance Policies and Procedures (Revised July 17, 2008) & Weekly Inspection Form .......................................... 59

Appendix 4: Inspection Area Assignments................................................................................... 72

Appendix 5: Financial Responsibility/Ownership Form .............................................................. 74

Appendix 6: Plan Approval and NPDES Notification Letter ....................................................... 77

Appendix 7: Erosion Control Inspection Forms ........................................................................... 80

Appendix 8: Pre-Construction Meeting Contractor Notes............................................................ 93

Appendix 9: Pre-Construction Meeting Inspection Notes/Checklist ............................................ 96

Appendix 10: Cover Sheet and NPDES Storm Water Permit for Construction Activities .......... 98

Appendix 11: NPDES Acceptance Form .................................................................................... 121

Appendix 12: Permit to Conduct Land-Disturbing Activity....................................................... 123

Appendix 13: Erosion Control Project Prioritization Table ....................................................... 125

Appendix 14: Erosion Control Checklist for Construction Sites/Subdivisions .......................... 127

Appendix 15: Field Notice of Violation (NOV) ......................................................................... 130

Appendix 16: Field Notice of Violation (NOV) Follow Up ....................................................... 133

Appendix 17: Notice of Violation (NOV) .................................................................................. 137

Appendix 18: Notice of Violation With Immediate Penalty (NOVP) ........................................ 141

Appendix 19: Continuing Notice of Violation (CNOV)............................................................. 145

Appendix 20: Case Resolved Without Penalty ........................................................................... 149

Appendix 21: Notice of Compliance With Penalty (NOCP) ...................................................... 151

Appendix 22: Penalty Assessment Report .................................................................................. 155

Appendix 23: Appeal Waiver ..................................................................................................... 173

Appendix 24: Documentation of Erosion Control Penalty Assessment Conference .................. 175

Appendix 25: Final Inspection Report Form .............................................................................. 177

Appendix 26: Monthly Activity Report to State ......................................................................... 179

Appendix 27: Water Quality Program Erosion Control Inspector Training ............................... 181

Mecklenburg County Soil Erosion & Sedimentation Control Policies & Procedures

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Section 1 Introduction

1.1 Problem Statement

Data collected by the Mecklenburg County Water Quality Program (MCWQP) reveals that sediment is one of the most prevalent pollutants found in Mecklenburg County’s streams and lakes and is one of the primary causes of the deterioration of our local surface water quality. Construction and other land-disturbing activities are the source of the majority of the sediment found in Mecklenburg County surface waters. Sediment from construction sites is referred to as a non-point source pollutant, which means it originates from overland flow during rain events. Soil particles are picked up by this overland flow (runoff) and are carried off-site to surface waters when erosion and sedimentation controls are not properly installed and/or maintained. Recent intensive development in Mecklenburg County has resulted in vast amounts of disturbed land. Erosion problems associated with these land-disturbing activities deposit tons of sediment into Mecklenburg County’s streams and lakes annually. This sediment problem is compounded by an increase in stream flows, which results from an increase in impervious areas after development. This increased flow results in increased stream channel erosion that adds additional sediment to our surface waters compounding an already serious problem. Sediment in streams negatively impacts aquatic life by burying aquatic habitat, spawning areas, fish eggs, and bottom dwelling macro invertebrates, a primary food source for fish. Sediment can also clog the gills of fish and other aquatic life causing them to suffocate. Heavy metals and harmful bacteria are often bound to sediment particles and are washed into surface waters resulting in significant negative water quality impacts. These degraded water quality conditions threaten the many important municipal, industrial and recreational uses of our surface water resources, in addition to the ecological impacts. The highest use of Charlotte-Mecklenburg’s surface water resources is as a drinking water supply. Everyday an average of 100,000,000 gallons of water is withdrawn from Lake Norman and Mountain Island Lake to supply drinking water to our residents. Sediment is perhaps the most significant threat to this extremely important use. In addition to this threat, sediment in our streams and lakes can cause stream channels to become clogged and wetlands to be destroyed. The resulting loss of storage capacity in streams and lakes can result in increased flooding. Increased sediment in surface waters also causes the water to be cloudy, or turbid. High turbidity levels in surface waters reduce light penetration and beneficial plant growth, as well as impair fish visibility making it more difficult for them to locate and capture prey. In general terms, sediment can turn a healthy body of water into a desert, void of aquatic life and containing a variety of pollutants carried into the water bound to the sediment particles. Section 303(d) of the Federal Clean Water Act requires that all states maintain a list of water bodies, which are not meeting their intended uses. Mecklenburg County presently has approximately eighty (80) miles of streams on the N.C. 303(d) list with turbidity or sediment identified as the primary source of impairment. These include the Rocky River, Long Creek, Irwin Creek, Little Sugar Creek, McAlpine Creek, Sugar Creek, and McKee Creeks (see Appendix 1). Mecklenburg County has more miles of impaired surface waters than any other county in the State.


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In order to protect, and in many cases restore, the quality of our waters in Mecklenburg County and ensure that they are suitable to fulfill their many important uses, it is vitally important that we correct erosion problems and prevent sediment from reaching our streams and lakes. This can only be accomplished through the use of well planned and carefully installed and maintained soil erosion and sedimentation control devices for all land-disturbing activities. Among these measures are construction entrances, diversion ditches and berms, sedimentation basins, and silt fences. In order to be effective, these devices must be installed and properly maintained from the initiation of land-disturbing activities until the establishment of permanent soil stabilization measures. The Mecklenburg County Water Quality Program is responsible for ensuring the proper installation and maintenance of erosion control measures in the Towns of Cornelius, Davidson, Huntersville, Matthews, Mint Hill and Pineville as well as their Extra Territorial Jurisdictions (ETJs). Charlotte Land Development fulfills this role in the City of Charlotte and its ETJ. The map in Figure 1 shows the jurisdictional boundaries (including ETJs) described above. The regulatory instrument used by Mecklenburg County to ensure the proper installation and maintenance of erosion control measures is the Mecklenburg County Soil Erosion and Sedimentation Control Ordinance, which applies in the Towns of Cornelius, Huntersville, Matthews and Pineville (see Appendix 2). The Towns of Davidson and Mint Hill have their own ordinances applicable to their jurisdictions that are also enforced by the County, which are worded exactly like Mecklenburg County’s ordinance in Appendix 2 except the jurisdiction’s name replaces “Mecklenburg County” in the text. This document hereafter refers to these three ordinances collectively as “the Ordinance.” Intense and detailed plan review, regular and thorough site inspections, and a commitment to levy penalties to ensure compliance with the Ordinance are the primary tools used to achieve our goal of cleaner surface waters through proper sedimentation and erosion control.

1.2 Purpose

The Mecklenburg County Water Quality Program works to ensure compliance with the Ordinance for the purpose of protecting Mecklenburg County surface waters from negative impacts associated with discharges of sediment from construction activities.

1.3 Measuring Success

Turbidity is the parameter used by the Mecklenburg County Water Quality Program to measure sediment in surface waters, with higher values indicating greater sediment content. Turbidity is a measure of the optical property that causes light to be scattered and absorbed rather than transmitted with no change in direction or flux level through the sample. Poor water clarity results in higher turbidity levels. Turbidity in water is caused by suspended matter such as clay, silt, finely divided organic and inorganic matter, and sometimes due to the presence of microscopic organisms. In the piedmont of North Carolina, most surface waters with high turbidity levels take on a red tint, which is caused by the oxidation of iron rich clay soils. The Mecklenburg County Water Quality Program monitors for turbidity at 39 continuous automated monitoring sites in the County, which is called the “Continuous Monitoring and Alert


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Notification Network” or CMANN. Eleven of these sites are located within the Towns where the County enforces erosion control. The other 28 are located in the City of Charlotte. Figure 1 shows the locations of these monitoring sites. Data from these monitoring sites is automatically transmitted to a computer database every hour and staff are notified immediately by way of email or page when data indicates an exceedance of a State standard (50 NTUs for streams and 25 NTUs for lakes) or a locally established Action level. Following the receipt of this notification, staff conduct immediate follow up investigations to identify and eliminate pollution sources. This data is also analyzed for long term trends to measure the success of efforts to control

erosion and protect water quality.

1.4 Roles and Responsibilities of the Land Development and Water Quality Programs

The Mecklenburg County Land Development and Water Quality Programs work cooperatively to ensure compliance with the Ordinance and reduce the discharge of sediment to surface waters from land-disturbing activities. Land Development staff perform engineering reviews for land-development activities in the Towns and their ETJs, including the review and approval of erosion control plans. Once approved, these plans are provided to staff of the Mecklenburg County Water Quality Program who are responsible for performing all erosion and sedimentation control inspection activities until the project is completed and all disturbed areas are permanently stabilized. The Mecklenburg County Water Quality Program also completes inspections to ensure compliance with post-construction storm water ordinance requirements. Land Development staff provide engineering services throughout the duration of the project and are available to answer questions regarding any engineering aspects of the project.

Figure 1: Jurisdictional Boundaries and CMANN Sites


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Section 2 Implementation Strategy

2.1 Process Phases

The erosion control review and inspection process has several different phases, including plan review and approval, pre-construction meeting, issuance of a permit to conduct land-disturbing activity (also called a grading permit), routine inspections, enforcement, and final inspection. The Water Quality Program’s Erosion Control Team Leader is responsible for ensuring the consistent and effective implementation of each phase in the process and adherence with these policies and procedures. This position is also responsible for generating all forms and reports for the Program. The Erosion Control Team Leader also conducts erosion control inspections along with assigned Environmental Specialists to ensure consistent enforcement among Inspectors. Inspector area assignments are provided in Appendix 3. Each phase of the inspection process is described below.

2.2 Plan Review and Approval

2.2.1 Purpose

The purpose of the plan review and approval process is to ensure that adequate plans have been developed for the control of erosion and sedimentation from land-disturbing activities of one acre or more in compliance with the Ordinance. Plans are submitted to the Mecklenburg County Land Development Program for review and approval with input from staff of the Mecklenburg County Water Quality Program. Following approval, these plans and all associated documentation are provided to staff of the Mecklenburg County Water Quality Program who perform inspections to ensure compliance with approved plans and the Ordinance.

2.2.2 Implementation Procedures

The plan review and approval procedures to be followed by the Mecklenburg County Water Quality Program Inspector are provided below. 1. Mecklenburg County Land Development will receive all plans and information and will

provide copies to the Water Quality Program Inspector. Within 5 working days of receipt of site plans (not Concept Plans), the Inspector will access the Mecklenburg County Property Ownership Land Records Information System (POLARIS) and review the aerial photograph of the site and surroundings to identify downstream surface waters, water quality buffers, and other site characteristics important for sedimentation and erosion control during the development process. Within these 5 working days, the Inspector will also carefully review the site plans and pertinent notes and conduct a site inspection. If there are any ponds, lakes or wetlands noted downstream, the Inspector will inform the Plan Reviewer to ensure that additional protective measures are implemented prior to the pre-construction meeting provided the downstream owner(s) are willing. These additional protective measures will include depth surveys and turbidity measurements for ponds and lake coves, as well as other


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measures deemed necessary to protect downstream property from sediment damage as determined by the Inspector.

2. During the initial inspection of the site, the Inspector will confirm that the buffer locations

shown on the plan are in compliance with applicable S.W.I.M., post-construction and/or water supply watershed requirements. For the Towns of Davidson and Matthews where stream evaluation forms are required to be attached to the Concept Plan Application for the post-construction ordinance, the Inspector will evaluate these forms during the initial site inspection to ensure their accuracy (see Post-Construction Ordinance Administrative Manual Form #PCO39). All other buffers will be confirmed through an on-site inspection and compared with the buffer delineation in POLARIS.

3. During the initial inspection of the site, the Inspector will confirm that the plan accurately

depicts all regulated streams, wetlands and other surface waters as well as undisturbed open space and other requirements of the post-construction ordinance.

4. The Water Quality Program Inspector will discuss with the Land Development Plan

Reviewer any discrepancies with the plan as well as any suggestions for modifications as determined through numbers 1, 2 and 3 above. Changes to the plan will be agreed upon and the Land Development Plan Reviewer will ensure that these changes are made before plans are approved.

5. The Water Quality Program Inspector will create a folder for the project in the Erosion

Control Electronic Inspectors’ Log. The folder will be located in G:\WQ_Xfer\WQ\Erosion Control\Electronic Inspectors' Logs and will be organized as follows: a. Each project will be located in the appropriate jurisdiction file and saved under the

project name. b. Within each project folder, sub-folders will be created named by Contractor/ financially

responsible party (also called FRP) to distinguish between the developer’s and builders’ responsibilities. For example:

Cornelius Oak Grove Subdivision ACME Land Development Co.

Smith Homebuilders Quality Custom Homes John Doe Home Construction

c. All other documents in each folder should be named by date and document (G:\WQXFER\WQ\Erosion Control\Electronic Inspectors' Logs\Cornelius\Oak Grove\ACME Land Development Co.\022204.NOV or 022604.CNOV), and photographs should be saved in sub-folders by date (G:\WQ_Xfer\WQ\Erosion Control\ Electronic Inspectors' Logs\Cornelius\Oak Grove\ACME Land Development Co.\022204.pics or 022604.pics).

6. The Water Quality Program Inspector will note all initial inspection activities on the “Initial

Inspection” Form (see Appendix 6) and save it to the folder developed for the project in the


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Erosion Control Electronic Inspectors’ Log described above. All photos taken during inspections will be saved to the Inspectors’ Log.

7. Once plans are approved by Land Development, three sets of approved plans will be

provided to the assigned Water Quality Program Inspector along with one copy of the “Financial Responsibility/ Ownership Form” (see Appendix 4) and one copy of the “Plan Approval-NPDES Notification Letter” (see Appendix 5). Two copies of other pertinent correspondence such as 401/404 permits, letters indicating water quality based rezoning conditions, etc. will also be provided.

8. Upon receiving the plans and pertinent information from Land Development, the Water Quality inspector will within three (3) business days send an email to Ashley Conine (GIS) providing him with the: Date Received, Project Type, Project Name, Address, Parcel ID, Section, Jurisdiction, and Basin ID. Ashley Conine will then within five (5) business days enter the data into the Environmental Data Management System (EDMS) attribute table and send an email to the Water Quality inspector notifying them that the information has been entered.

9. Upon receipt of the email from Ashley Conine indicating that an attribute has been

established for the project, the Inspector will create a Work Order in EDMS. The inspector will attach the Word Document developed in #6 above to the Work Order and enter the time spent on the project to date.

10. The Water Quality inspector will scan a copy of the “Financial Responsibility/Ownership

Form”, and the “Plan Approval-NPDES Notification Letter” and place the electronic information into the following location: G:\WQ_Xfer\WQ\Erosion Control\Electronic Inspectors’ Logs\”Territory”\”Name of Project. The Water Quality inspector will send a folder to Tina Berry (WQ) at the Hal Marshall Services Center containing one copy each of the approved plan, “Financial Responsibility/Ownership Form,” “Plan Approval-NPDES Notification Letter,” and any other pertinent information.

11. Tina Berry will create a hard file for the project and place one set of plans in the file along

with a copy of the “Financial Responsibility/ Ownership Form,” “Plan Approval-NPDES Notification Letter,” and any other pertinent information.

12. The Water Quality Program Inspector will place the following documents, which were not

sent to Tina Berry, in the file box located in his/her vehicle: two sets of the approved plans, as well as any pertinent documents. These files contain important information regarding the project. It is the Inspector’s responsibility to ensure they are well maintained in an organized manner.

13. The Water Quality Program Inspector will place a certificate of occupancy (CO) hold in the

Land Development computer system for all commercial projects. For multi-family projects, the Inspector will place a CO hold on the last unit to be constructed in the project. The Inspector will have to verify this address with the contractor during the pre-construction


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meeting and then apply the hold. Residential subdivisions are bonded and do not have CO holds.

14. The Water Quality Program Inspector will review approved plans in the office prior to going

out into the field and will highlight all soil erosion and sedimentation control measures in different colors on these plans for easy identification. The Inspector will consult with the Land Development Plan Reviewer if there are any questions.

15. The Water Quality Program Inspector will place the Work Order number on the front of the

project file kept in the vehicles. The Work Order number will also be placed on the plans kept in the vehicle.

2.3 Pre-Construction Meeting

2.3.1 Purpose

The purpose of the pre-construction meeting is to ensure that all parties associated with the land development activity are familiar with approved plans and the requirements of the Ordinance as well as all NPDES permit requirements. This meeting also gives the Inspector and financially responsible party the opportunity to see the site together prior to any grading taking place.


The pre-construction meeting procedures to be followed by the Mecklenburg County Water Quality Program Inspector are provided below. 1. The financially responsible party or their representative will contact the Water Quality

Program Inspector to schedule a pre-construction meeting. Prior to this meeting, the Inspector will complete a careful review of the erosion control plans for the project. The Inspector will also coordinate with the Land Development Inspector and the Zoning Inspector to set up the meeting. In addition, if the site is in the following jurisdictions, contact will be made with the parties indicated so they can participate in the pre-construction meeting: • Matthews: Merrie Salvo (Matthews Town Engineer) at (704) 845-3068. • Huntersville: Whitney Hodges (Huntersville Planning Staff) at (704) 875-7000. • Davidson: Lauren Blackburn (Davidson Planning Staff) at (704) 892-7592. • Cornelius: Steve Bumgardner (Cornelius Planning Staff) at (704) 336-6031.

2. During the pre-construction meeting, the Water Quality Program Inspector will review the

“Pre-Construction Meeting Contractor Notes” (see Appendix 7) with the site contractor. A copy of these Notes and a set of approved plans will be provided to the site contractor by the Inspector. The Inspector will also review the “Pre-Construction Meeting Inspector Notes/ Checklist” (see Appendix 8) to ensure that all required activities have been performed. It is recommended that this checklist be completed and placed in the Inspector’s vehicle file. The


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inspection will be documented on a “Pre-Construction Meeting” Form (see number 10 below); therefore, the completion of this checklist is not required.

3. The Water Quality Program Inspector will review with the contractor the self-inspection

requirements and obtain the contact information for the person who will be conducting these inspections.

4. The Water Quality Program Inspector will review all NPDES permit requirements with the

contractor and provide him/her with a copy of the Permit and Cover Sheet (see Appendix 9). 5. The Water Quality Program Inspector will offer the contractor a copy of the relevant erosion

control Ordinance as well as water quality ordinances and environmental notices pertaining to illegal dumping, etc. The objective is to provide the contractor with the information necessary to comply with all applicable erosion control and water quality requirements.

6. The Water Quality Program Inspector will inform the contractor that sediment basins must

remain in place and be maintained for the duration of all land-disturbing activities at the site unless approval is obtained from the Inspector.

7. The Water Quality Program Inspector will conduct a thorough inspection of the site with the

contractor and note all sensitive areas including SWIM/watershed buffers, wetlands, downstream ponds or coves, undisturbed open space, etc. The Inspector will emphasize to the contractor the need for special field designation and protection of these areas.

8. The Water Quality Program Inspector will require the financially responsible party or

designee to sign the “NPDES Acceptance Form” (see Appendix 10). The Inspector will retain a copy of this form for his/her vehicle file and send a copy to Tina Berry for placement in the hard file at the Hal Marshall Services Center.

9. The Water Quality Program Inspector will approve the installation of erosion control

measures and inform the contractor that only the land disturbance necessary to install these measures can occur. All other land disturbance must wait until after the measures have been inspected and approved. The Inspector will inform the contractor to contact him/her when all erosion control measures have been installed.

10. The Water Quality Program Inspector will note all pre-construction meeting activities on the

“Pre-Construction Meeting” Form (see Appendix 6) and attach to the EDMS Work Order.

2.4 Issuance of Grading Permit

2.4.1 Purpose

No land disturbance can occur until all soil erosion and sedimentation control measures are in place and have been approved by the Mecklenburg County Water Quality Program Inspector after which the grading permit is issued. The purpose of the grading permit is to convey


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approval for the owner or his agents to conduct land-disturbing activity as shown on the approved plan in accordance with the Ordinance and related policies. This permit is valid until the project is complete or two years from issuance of the permit (if work has not started), whichever comes first. If erosion control measures required by the plan prove to be inadequate to control sediment as required by the Ordinance, the applicant will be required to submit a revised plan and take corrective measures. By issuance of a grading permit, the Inspector has the right to inspect the permitted property for compliance with the Ordinance at any time during and after construction.


The procedures for issuance of a grading permit by the Mecklenburg County Water Quality Program Inspector are provided below. 1. The contractor will notify the Inspector when all erosion and sedimentation control measures

have been installed. Within two working days of receipt of this notice, the Inspector will complete an inspection of these measures in the presence of the contractor for the purpose of ensuring compliance with approved plans and the Ordinance. Prior to conducting the field inspection, the Inspector will access the Site Plan Tracking System (SPTS) located on the LAN and will obtain the Storm Water Management Permit Number issued for the site. This permit number will end in “P.” The same number will be used for the Grading Permit except it will end in “G” for Grading Permit. The Grading Permit will be completed for the site and four copies will be taken into the field in the Inspector’s vehicle file.

2. The Water Quality Program Inspector will ensure adequate protection of all sensitive areas

including SWIM/watershed buffers, wetlands, undisturbed open space, etc. and ensure that these areas are properly designated in the field.

3. The Water Quality Program Inspector will issue a Grading Permit to the contractor

authorizing land-disturbing activity (see Appendix 11) if numbers 1 and 2 above have been satisfied. The Grading Permit form is located in the following folder under the name "Permit to Conduct Land Disturbing Activity.doc": G:\WQ_Xfer\WQ\Erosion Control\Policy & Procedure Manual\Forms\General Forms. The developer/engineer will complete the form and submit it to Land Development as part of the plan review process. The Land Development Gatekeeper will place the permit number at the top of the form in the space provided using the same number from the PCO5 form except with a “G” at the end for “Grading” instead of the “P” that stands for Permit (Storm Water). The Land Development Gatekeeper will print the completed form with the permit number, have the plan reviewer sign it beside “Reviewed By” and then place it in the file that is passed on to the Water Quality Program Inspector. The Inspector will sign and date four copies of the form and provide the contractor with two copies, including one for the contractor’s self-inspection log book and one for his/her office file. The Inspector will scan a copy of the signed “Grading Permit” and place the scanned copy into the folder that was previously created to house the “Financial Responsibility/Ownership Form” and the “Plan Approval-NPDES Notification Letter”. The Inspector will also send an email to Ashley Conine (GIS) informing him of the


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“Grading Date” for the project. Ashley will then update the attribute table with the “Grading Date”. The original signed “Grading Permit” will be mailed to Tina Berry for filling.

4. The Water Quality Program Inspector will issue a placard to the financially responsible party

to be posted on the site, if requested. 5. The Water Quality Program Inspector will note all Grading Permit inspection activities on

the “Issuance of Grading Permit” Form (see Appendix 6) and attach to the EDMS Work Order, including the Grading Permit number and date issued as well as any special conditions/observations associated with the issuance of the Permit.

2.5 Routine Inspections

2.5.1 Purpose

The purpose of routine inspections is to ensure compliance with the Ordinance and approved plans as well as to ensure that surface water impacts are not resulting from the land-disturbing activity.


The routine inspection procedures to be followed by the Mecklenburg County Water Quality Program Inspector are provided below. 1. The Water Quality Program Inspector will complete the Erosion Control Project Prioritization

Table provided in Appendix 12 for all their assigned projects and provide to their Supervisor. This table will be used to determine the frequency at which inspections are conducted. In general, the greater the threat the project is to water quality, the more frequently it will be inspected. The standard inspection frequency for sites issued a Grading Permit is once every 3 weeks. Sites without Grading Permits (<1 acre disturbed) are inspected on a lesser frequency at the inspector’s discretion. As a general rule, a site is inspected every two weeks if it is being actively graded and if one of the following three applies, every ten days if two apply and every week if all three apply: • Developer has poor compliance history (developer or contractor fined within the past two

years). • Regulated stream or other watercourse runs through or is located immediately adjacent to the

site. • Nearest downstream watercourse classified as WS or B. In addition, weekly inspections should be performed if a site has more than 20 acres actively graded. Weekly inspections can be initiated at less than 20 acres at the discretion of the Inspector. Site topography should also be considered when determining inspection frequency. If the Inspector believes the above policy is not applicable to a particular site, they are to consult with the Erosion Control Team Leader for guidance. If the Team Leader agrees with the Inspector with regard to inspection frequency, then deviation from the above inspection prioritization is allowed. The Inspector may also increase inspection frequency in


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response to known problem areas such as State standard or Action level exceedances documented by CMANN sites as discussed in Section 1.3. In addition, sites located in close proximity to a drinking water supply reservoir will be inspected more frequently.

2. During inspections, the following items will be visually checked: • Condition of all erosion and sedimentation control devices – They are to be properly

installed and maintained at all times. • Site stabilization – Ground cover sufficient to retain erosion is required within 21

calendar days following completion of any phase of grading. • Limits of denuded areas – Denuded areas must be within the limits indicated on the

approved plan. • Condition of stream/lake buffers – Buffers must be properly delineated throughout the

construction process and left undisturbed except as allowed by applicable ordinances. • Undisturbed open space – Post-construction ordinances require undisturbed open space in

all jurisdictions except Huntersville and Cornelius. This area is to be left undisturbed except as allowed by applicable ordinances.

• All surface waters – Check all surface waters in and around the project during every inspection and ensure that they are free of sediment.

Appendix 13 contains an “Erosion Control Checklist for Commercial Sites and Subdivisions” which serves as a guide for conducting inspections. Provide the on-site contractor with a copy of this checklist.

3. The Water Quality Program Inspector will conduct inspections of single-family lots to ensure

proper maintenance of measures throughout site development. 4. The Water Quality Program Inspector will note all inspection activities on the “General

Erosion Control” Inspection Form contained in Appendix 6 and attach it to the EDMS Work Order. This form will at a minimum include the inspection date and time, weather conditions at the time of inspection, site compliance with the Ordinance, issuance of notices of violation and documentation regarding the status of erosion and sedimentation control devices, water quality impacts, contact names, and corrective actions specified. The Inspector will also indicate in EDMS the time devoted to each inspection, including drive time to the site and administrative time involved in preparing reports, notices of violation, talking on the phone, meetings, etc. Separate inspection forms will be completed for creek crossings. There are also separate forms to document non-compliance, phone calls, final inspections and miscellaneous activities (see Appendix 6). Any photos of the site will be placed in G:\WQ_Xfer\WQ\Erosion Control\Electronic Inspectors’ Logs\”Territory”\”Name of Project

5. If any type of notice of violation is issued (see Section 2.6.1), the Water Quality Program

Inspector will take digital photos to document the violations. If a CNOV or NOVP is involved, the Inspector must take photos documenting all corrective actions. All digital photos must be date stamped. The Inspector will take great care to ensure the camera is set to the correct date prior to taking the pictures. The wrong date stamped on a picture will ruin a case. Be aware that all information is public record and may have to be supplied to the defense if the case goes to appeal. Be mindful that numerous photos can become expensive


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to print. Do not take unnecessary photos. Take only those photos necessary to document the violation and corrective actions. Photos can not be altered in any way, but a description of the photo will be place below the photo in a Word document. The Inspector will note all pictures taken in the EDMS Work Order and maintain the electronic copies as well as the map in the Erosion Control Electronic Inspectors’ Log.

6. The Water Quality Program Inspector will require all measures on the approved plans to be

implemented in the field unless approval has been given to omit the measure. If the Water Quality Program Inspector determines that a measure required by the approved plan is ineffective at controlling erosion, then they have the authority to require changes to the plan. A revised plan will be required if significant changes to the design are needed.

2.5.3 Construction Sequence for Stream Crossings

Stream crossings can cause significant quantities of sediment to discharge to surface waters if improperly installed and/or maintained. Therefore, the Water Quality Program Inspector must take special care to ensure that stream crossings are properly installed and maintained as specified in Section 7 entitled “Basic Control Objectives” of the Mecklenburg County Soil Erosion and Sedimentation Control Ordinance. The minimum requirements for stream crossings are as follows: 1. Limit Time of Exposure – All materials and equipment needed to complete the crossing must

be on site prior to starting, if applicable. There must also be suitable weather conditions per Charlotte-Mecklenburg County Land Development Standard 30.18, when appropriate as determined by the Inspector.

2. Limit Exposed Areas – Minimize the size of the area to be exposed at any one time. 3. Control Surface Water – Determine the best technique and gain approval from the Water

Quality Inspector. Some examples include but not limited to: pump around, temporary pipe around, temporary channel diversion, bridge mat, etc.

4. Control Sedimentation – As shown on the approved plans. Innovative and additional measures may be required by the Water Quality Inspector if needed.

5. Survey the Limits of Disturbance and Mark with Continuous Flagging – Survey the location of the culvert, headwalls, and limits of disturbance based on any 401/404 permit(s) that have been issued for the site. Call the Water Quality Inspector for an inspection and to set up a stream crossing pre-construction meeting with the Water Quality Inspector prior to starting any work. This meeting should take place at least 48 hours prior to working in the stream. The Inspector will give instructions about controlling the surface water and starting the culvert installation.

6. Install all Erosion Control Measures – Minimize the disturbed area. 7. Inform the Water Quality Inspector – Notify Inspector regarding completion of device

installation and request an inspection for compliance. 8. Maintenance – Maintain all measures and devices daily, making immediate repairs when

needed.


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2.6 Enforcement

2.6.1 Background

Enforcement actions are taken when it is determined that a penalty is to be assessed subsequent to the issuance of a notice of violation. Any Person who violates any of the provisions of the Ordinance, or rules or orders adopted or issued pursuant to the Ordinance, or who initiates or continues a Land-disturbing Activity for which a Plan is required except in accordance with the terms, conditions, and provisions of an approved Plan, is subject to a civil penalty. A civil penalty may be assessed from the date the violation first occurs. No penalty shall be assessed until the Person alleged to be in violation has been notified of the violation except in those circumstances listed below in which case a penalty can be assessed concurrent with the issuance of the notice of violation: 1. Failure to submit a plan. 2. Performing land-disturbing activities without an approved plan and pre-construction

conference, or Grading Permit. 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 tract and to the

person responsible for the violation. 5. Willful violation of the Ordinance. 6. Failure to install or maintain adequate erosion control measures, structures, or devices per the

approved plan such that it results in sedimentation in a wetland, lake or watercourse, or other designated protected areas.

7. Failure to install or maintain adequate erosion control measures, structures, or devices per the approved plan such that it results in off-site Sedimentation.

The maximum civil penalty for each violation of the Ordinance is $5,000.00. Each day of continuing violation will constitute a separate violation. The amount of the civil penalty will be based on the factors described in Section 13 of the Ordinance. Whether a penalty is assessed and the amount of that penalty will be approved by the Director of Mecklenburg County Land Use and Environmental Services (LUESA).

2.6.2 Issuance of Notices

Violations of the Ordinance will be noted in written form in a Notice of Violation (NOV). There are no verbal NOVs. Different written notices are issued by the Water Quality Program Inspector to the financially responsible party or contractor for enforcement of the Ordinance as described below. The purpose of these notices is to inform the financially responsible party or contractor of the violations and the actions necessary to ensure compliance as well as the date a follow up inspection will be conducted to determine compliance. The notices also serve to inform the financially responsible party or contractor when compliance is achieved and penalties are assessed. 1. Field Notice of Violation (NOV) and Notice of Violation with Immediate Penalty (NOVP):

Issued in the field to the site superintendent by the Inspector using a standard form (see


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Appendix 14). A field NOV becomes a field NOVP when the last box on the form is checked indicating the following: “An immediate fine is imposed. Corrective action must be completed expeditiously. Fine compounds daily.”

2. Field NOV Follow Up: At the discretion of the Inspector, a field NOV may be followed up with a NOV issued from the office via certified mail and fax to the financially responsible party using a standard form (see Appendix 15).

3. Notice of Violation (NOV): Issued via certified mail and fax from the office to the financially responsible party using a standard form (see Appendix 16).

4. Notice of Violation with Immediate Penalty (NOVP): Issued via certified mail and fax from the office to the financially responsible party for significant violations indicating a penalty will be assessed following compliance (see Appendix 17). The NOVP is signed by the Program Manager. If a field NOVP is issued as described in number 1 above, it must be faxed to the financially responsible party by the Inspector immediately upon their return to the office and followed up with a NOVP issued from the office and signed by the Program Manager.

5. Continuing Notice of Violation (CNOV): Issued via certified mail and fax from the office to the financially responsible party indicating that violations cited in a previous NOV or NOVP have not been corrected. The CNOV is signed by the Program Manager (see Appendix 18).

6. Notice of Compliance with Penalty (NOCP): Issued via certified mail and fax from the office to the financially responsible party following compliance indicating that a penalty will be assessed. The NOCP is signed by the Director of LUESA (see Appendix 19).

The procedures provided below are followed in the issuance of these notices. Notices are issued in the field and/or sent via certified mail accompanied by a fax. 1. The Water Quality Program Inspector will notify ALL responsibly parties, including the

registered agent, financially responsible party, on-site representative for the financially responsible party, property owner, all partners, and both husband and wife if the property is listed in that manner. This notice will include the measures necessary to ensure compliance and the date a follow up inspection will be conducted to determine compliance. All violations must be indicated. If in doubt, note the violation. Violations can always be dropped, but never added. The Inspector has the option of issuing a Field NOV (see Appendix 14) and following up with an office NOV (see Appendix 15). If the Field NOV is not issued, the Inspector will use the standard office NOV shell (see Appendix 16) and issue notice to the financially responsible party via certified mail and fax. If the violations are extreme, the Inspector may elect to issue an NOVP via certified mail (see Appendix 17). This will require the initiation of the procedures for the assessment of civil penalty described in Section 2.6.2.

2. The Water Quality Program Inspector will fax the NOV to the financially responsible party

for ALL NOVs issued and his/her on-site representative (if he/she did not receive a Field NOV) within one business day. The Program Manager will fax the NOVP and CNOV. All three of these notices will indicate the date a follow up inspection will be conducted to determine compliance (3 to 5 days depending on the nature of the violation). The violator must be informed to notify the Inspector when violations are corrected. Hand delivery, fax


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or email can not be used as the sole means of delivery of a NOV. If one of these techniques is used, it must be accompanied by another delivery technique or certified mail. All notices of assessment of civil penalties must be issued by certified mail.

3. The Water Quality Program Inspector will return to the site on the specified due date on the

notice of violation (or no later than the following day) or within one business day after the financially responsible party makes notification of corrections, to ensure that violations have been resolved. If the site is in compliance, no further action is required. If the violation(s) persist, a Continuing Notice of Violation or CNOV (see Appendix 18) will be issued, which is signed by the Program Manager. Penalties are usually assessed for CNOVs and NOVPs using the procedures described in Section 2.6.2.

4. Always follow off-site sediment to where it stops. Restoration actions must include all

impacted areas. 5. If the violation is grading without a Permit, the Inspector will measure the site to determine

that it is over one acre and note in the Erosion Control Inspection Form attached to the EDMS Work Order the form of measurement used.

2.6.3 Civil Penalty Assessment

The procedures provided below are followed in the assessment of civil penalties. 1. The Water Quality Program Inspector will consult with the Erosion Control Team Leader

prior to the issuance of any notice indicating a penalty assessment, including the NOVP, CNOV or NOCP. All such notices are signed by the Program Manager and sent via fax and certified mail by the next business day to the on-site representative of the financially responsible party and the financially responsible party. The Program Manager will work with Tina Berry to ensure the prompt mailing and faxing of these documents.

. 2. Prior to the issuance of a NOVP or CNOV, the Inspector will record the required information

in the Penalty Log (G:\ENV\WQXFER\WQ\Penalties\ Erosion Control) and obtain a penalty Case Number from this log. This Case Number must appear on the NOVP and CNOV.

3. Tina Berry will create a hard Enforcement File with the following label format:

Case Number 0304-032 Name of violator Name of project where violation occurred

In some circumstances, penalties may be dropped, nonetheless it is required that a Case Number be assigned and an Enforcement File created for all NOVPs and CNOVs issued. In such situations, the Inspector must complete the “Case Resolved Without Penalty” form contained in Appendix 19. The Inspector will place this form in both the hard and electronic files to document that the case has been dropped.

4. The Water Quality Program Inspector will work with Tina Berry to ensure that the following is placed in the hard Enforcement File:


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• Notices of Violation (NOV) • Continuing Notices of Violation (CNOV) • Notice of Violation with Immediate Penalty (NOVP) – Signed by Program Manager • Penalty Assessment Report (see number 10 below) • Penalty faxes • Notice of Compliance with Penalty (NOCP) – Signed by Cary Saul • Pictures of Violations and Compliance • Inspection Reports from EDMS • Penalty Conference Memo (see number 14 below) • Storm Water Advisory Committee (SWAC) Appeal Waiver (see number 14 below) • Written Request for Appeal • Copy of check for Appeal or Payment of Penalty

5. In addition to all hardcopies being placed in the Enforcement File, all documents related to

enforcement case will be saved in the Inspector’s assessment folder (G:\ENV\WQ_Xfer\WQ\Erosion Control\Erosion FY08\Assessments\Burkhard\Oak Grove\ACME Land Development Co.\041004.NOV or CNOV or NOVP, etc.).

6. The Water Quality Program Inspector will return to the site the day after the specified due

date on the Notice, or within one business day after the financially responsible party makes notification of corrections, to ensure that violations have been corrected. Fines will accrue daily from the date of the original Notice until all violations are corrected.

7. The Water Quality Program Inspector may require the restoration of waters and land affected

by noncompliance with the Ordinance so as to minimize the detrimental environmental impacts of sedimentation. This authority is in addition to any other civil penalty or injunctive relief authorized under the Ordinance. If such an action is associated with a penalty assessment, a written restoration plan must be submitted to the Inspector and for significant restoration efforts the Mooresville Regional Office must be notified.

8. Within one working day following the correction of violations, the Water Quality Program

Inspector will meet with the Erosion Control Team Leader to review the relevant facts in the case and agree upon a penalty amount. The maximum civil penalty for each violation of the Ordinance is $5,000.00. Each day of continuing violation shall constitute a separate violation. At this meeting the Inspector will bring the Enforcement File which should include inspection reports from EDMS, photographs of the violations and compliance measures, the NOV, CNOV, and/or NOVP, and any other relevant correspondence including fax cover sheets documenting receipt of Notices. During this meeting, the recommended penalty amount will be agreed upon.

9. Within two working days following this meeting, the Water Quality Program Inspector will

complete the Notice of Compliance with Penalty (see Appendix 20) and the Penalty Assessment Report (see Appendix 21) and submit to the Erosion Control Team Leader for review and comments. The NOCP and Penalty Assessment Report will be saved in the Inspector’s assessment folder as per the format described above.


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10. After review and approval by the Erosion Control Team Leader, the draft NOCP and Penalty

Assessment Report will be forwarded to the Program Manager for final review and editing. It is at this time that the penalty amount is set by the Program Manager based on his review and assessment of the Penalty Assessment Report. The Penalty Assessment Report and NOCP are forwarded to the Division Manager for review and the LUESA Director for review and signing. The NOCP will be issued within five business days of correction of violations.

11. Tina Berry will ensure that the NOCP is received by the financially responsible party through

certified mail and fax. Tina will receive the green receipt card, inform the appropriate Inspector and input the date in the Penalty Log (G:\ENV\ WQXFER\WQ\Penalties\ Erosion Control). If the NOCP comes back as undeliverable or if the green receipt card is not received within 10 days of being mailed, Tina will immediately notify the Inspector who will reissue the letter to the proper address or hand deliver following the procedures provided in Section 5.3 of the Illicit Discharge Detection and Elimination Procedures contained in the following file on the LAN: G:\WQ_Xfer\WQ\Policies & Procedures\12.IDDE.

12. Tina Berry will receive the penalty payment or request for appeal from the financially

responsible party, update the Penalty Log and notify the Inspector and Erosion Control Team Leader via email. Tina will make a copy of the check and place it in the Enforcement File. The original will be hand delivered to Anne Bland for processing. If the payment or appeal request is not received within 30-days of the receipt of the NOCP by the financially responsible party as indicated on the green receipt card, Tina will send an email to the Inspector, Erosion Control Team Leader and Program Manager indicating that the penalty payment/appeal request is delinquent. The Inspector will contact the financially responsible party the same day this email is received and notify them that an appeal request or payment is required by the next business day. The Inspector will follow up to ensure receipt and notify the Erosion Control Team Leader and Program Manager. If the financially responsible party does not pay the penalty or submit an appeal request by the next business day, the Inspector will notify the Program Manager who will provide direction to the Inspector regarding the initiation of further actions or he may contact the County Attorney to resolve the issue.

13. If the financially responsible party wishes to negotiate a settlement, the financially

responsible party will contact the Program Manager and a meeting will be scheduled including the financially responsible party, Inspector, Erosion Control Team Leader and Program Manager. Prior to this meeting, the Inspector will meet with the Erosion Control Team Leader and Program Manager to discuss the case and possible settlement options. The Inspector will bring to the settlement meeting the completed Enforcement File described in number 6 above. The Inspector will also prepare for this meeting two copies of the Appeal Waiver (see Appendix 22), which will be saved in the Inspector’s assessment file in the previously noted format. Following the meeting, the Inspector will complete the Penalty Conference Memo (see Appendix 23) and ensure that a copy goes to the Enforcement File.

14. If a settlement is reached during the meeting with the financially responsible party, two

originals of the Appeal Waiver will be signed by the financially responsible party and


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Program Manager. The financially responsible party is given one original and the other is placed in the Enforcement File by the Inspector. The Inspector will ensure through contact with the financially responsible party that the negotiated settlement is paid prior to the deadline. Tina Berry will be notified of this settlement and update the penalty log.

15. If a settlement can not be reached and the financially responsible party wishes to appeal, the

Program Manager will explain to the financially responsible party that a written request for an appeal must be submitted prior to the deadline or the penalty assessment will stand. This request for appeal will be sent to the Program Manager.

16. If an appeal is requested, the Program Manager will coordinate the appeal process. 17. The Water Quality Program Inspector will follow up on all appeal determinations to ensure

that the actions indicated are completed in the specified time frame. The Inspector will also document the appeal results in the EDMS Work Order and place a note in the Penalty Log (G:\ENV\WQXFER\ WQ\Penalties\ Erosion Control).

2.6.4 Injunctive Relief

The LUESA Director may authorize the County Attorney to institute a civil action in the name of Mecklenburg County, for injunctive relief to restrain a violation or threatened violation when there is reasonable cause. The action will be brought pursuant to NCGS 153A-123 in Mecklenburg County Superior Court. If the court determines that an alleged violation is occurring or is threatened, the court will enter such orders or judgments as are necessary to abate the violation or to prevent the threatened violation. The institution of an action for injunctive relief will not relieve any party to such proceedings from any civil or criminal penalty.

2.6.5 Certificate of Occupancy Hold

A “certificate of occupancy” must be obtained from Mecklenburg County before a structure can be occupied. A “hold” can be applied in the Land Development computer system (called POSSE) that will prevent a certificate of occupancy from being issued. If a developer or builder is unable to occupy a structure they will not be able to close on the property and therefore will not get paid. The certificate of occupancy hold can in this way be used as a powerful tool for achieving compliance with the Ordinance without assessing a civil penalty. The Water Quality Program Inspector has the authority to apply such a hold when necessary to achieve compliance.

2.7 Final Inspection

2.7.1 Purpose

The purpose of the final inspection is to ensure the proper completion of approved plans and to confirm that the site has been properly stabilized after which the project is closed and bonds/computer holds are released.


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The final inspection procedures to be followed by the Mecklenburg County Water Quality Program Inspector are provided below. 1. The Water Quality Program Inspector will receive a request from the contractor for a final

inspection. Even if not requested, the Inspector will be familiar enough with the project to know that it’s nearing completion and due for inspection.

2. The Water Quality Program Inspector will notify the Land Development Inspector that a final inspection has been requested. In addition, if the site is in the following jurisdictions, contact will be made with the parties indicated so they can participate in the final inspection: • Matthews: Merrie Salvo (Matthews Town Engineer) at (704) 845-3068. • Huntersville: Whitney Hodges (Huntersville Planning Staff) at (704) 875-7000. • Davidson: Lauren Blackburn (Davidson Planning Staff) at (704) 892-7592. • Cornelius: Steve Bumgardner (Cornelius Planning Staff) at (704) 336-6031.

3. The Water Quality Program Inspector will conduct a final inspection within two working

days following receipt of the request from the contractor. The Inspector will verify that all erosion control measures have been removed, stabilization is complete and that all other requirements of the Ordinance have been fulfilled. Also, the Inspector will ensure that all SWIM/Watershed buffers, wetlands, undisturbed open space and other protected areas remained intact and are in full compliance with approved plans.

4. The Water Quality Program Inspector will complete the “Final Inspection Report Form” and

provide a copy to the financially responsible party and his / her on-site representative as well as the Bond Administrator and Land Development Inspector (see Appendix 24). A digital version will be attached to the EDMS Work Order.

5. If a commercial site, the Inspector will remove the certificate of occupancy hold from the

Land Development computer system (also called POSSE) following the final inspection. 6. The Water Quality Program Inspector will complete the Erosion Control Inspection Form

and attach to the EDMS Work Order. The form will describe all inspection activities and indicate the date the project was finalized.

7. Following the completion of all erosion control inspection activities at the project, the Work

Order will be submitted to the Supervisor for review and approval. 8. The Water Quality Program Inspector will remove the erosion control documents from the

project file in his/her vehicle and create a BMP hard copy file. All site plans, storm drainage plans, site drainage plans, BMP plans, BMP details and all related Post Construction Ordinance plans will be removed from the Inspector’s set of plans in order to create the BMP hard copy file. For additional information regarding the development of this file, see section 5.2 of the BMP Inspection Manual located at: G:\WQ_Xfer\WQ\BMP\BMP Inspection


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Manual\BMP Inspection Manual. Send the remaining plans and file to Tina and she will place these documents in the hard file in the office. Tina will replace the set of plans in the office file with the field plans removed from the file in the Inspector’s vehicle. Tina will print out all documents for the project located in EDMS and place these documents in the office file. Tina will remove the project from the “Active” file cabinet and place in the “Closed” cabinet. The Inspector will email Joyce Brown and their Supervisor that the project has been closed and Joyce will close the project in EDMS.

9. The office file for the project will be maintained for a minimum of 5 years. Electronic files

will be maintained on the LAN for 2 years after which they will be removed from the LAN and placed on a CD by the Inspector. The Inspector will maintain the CD on file for a minimum of 5 years. At the Inspector’s discretion, CDs can be maintained indefinitely.


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Section 3 Ensuring Compliance with the Post-Construction Storm Water Ordinance

3.1 Purpose

Post-construction storm water ordinances (hereinafter referred to as the PCO) were adopted by Mecklenburg County and the Towns of Cornelius, Davidson, Huntersville, Matthews, Mint Hill and Pineville effective June 30, 2007. The purpose of the PCO is to protect the water quality conditions in our lakes and streams by controlling storm water pollutants, volume and velocity from new development and redevelopment activities. The Mecklenburg County Water Quality Program is responsible for ensuring compliance with the PCO, which includes conducting inspections during and after construction. The Erosion Control Inspectors are responsible for performing these inspections. Detailed information regarding this inspection process is available in the Administrative Manual developed for the PCO, which is contained in the following file: G:\WQ_Xfer\WQ\Post-Construction Ordinance\Administrative Manual\Revisions for January 2008\PCO Administrative Manual. Section 11 of this Manual describes the inspection process. An abbreviated version of the inspection process is provided below.

3.2 Implementation

The procedures to be followed by the Inspector when conducting PCO inspections are provided below. 1. The Water Quality Program Inspector will be contacted and an on-site pre-construction

meeting scheduled at a minimum of one (1) week prior to starting construction of any BMP. 2. During construction of the BMPs, the Inspector will use the EDMS Work Order developed

for erosion control to document all inspection activities. 3. The Water Quality Program Inspector will use the Work Order developed for erosion control

to document inspections conducted at the site for compliance with the PCO, including inspections of all BMPs, buffers, open space, volume and peak control, etc. Notices of violation issued for noncompliance as described below will be attached to this Work Order. If the site is stabilized and the erosion control file closed prior to BMP installation, a new Work Order will be created in EDMS under the following file descriptor: PCO-(Jurisdiction). The Work Order will remain open until inspections reveal that the site is in full compliance with PCO requirements including: • BMP construction has been completed in compliance with as-built plans (see Section

10.1). • Buffers are incompliance with applicable S.W.I.M. or water supply watershed

requirements, including proper energy dissipation at the storm water outfall. For the Towns of Davidson and Matthews where stream evaluation forms (Form #PCO39) are required to be attached to the Concept Plan Application, the Inspector shall evaluate these forms during preconstruction inspections to ensure their accuracy.

• Detention measures for volume and peak control have been completed in compliance with as-built plans.


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• Open space area is in compliance with PCO requirements. • Mitigation has been completed in accordance with approved plans. • Operation and Maintenance Agreement and Maintenance Plan for non-governmental

projects have been recorded at the Register of Deeds Office and an approved copy of the recorded document must be contained in the Water Quality file (Towns get original copy).

• Final plat has been approved and recorded. An approved copy must be contained in the Water Quality file (Towns get original copy).

• As-builts have been submitted and approved by the plan review engineer. An approved copy of the as-builts for BMP(s) must be contained in the Water Quality file (other as-builts are kept on file with Land Development).

• Digital submittals of approved plans and as-builts have been provided. Appendix 11-1 of the Administrative Manual contains a checklist for compliance with PCO requirements. This checklist shall be completed by the design engineer and verified by the Inspector through field inspections and file reviews.

4. If inspections reveal noncompliance with as-built plans, approved plans/ specification and/or PCO requirements, the owner will be notified in writing of the specific deficiencies and given a time frame for compliance (see Appendix 10-4 of the Administrative Manual, Form #PCO29). Final as-builts, a final inspection and approval by the Storm Water Administrator are required before a project is determined to be in compliance with the PCO. At the discretion of the Storm Water Administrator, certificates of occupancy may be withheld pending receipt of as-built plans and the completion of a final inspection and approval of a project. Copies of all written correspondence, including both compliance and noncompliance letters, will be placed in the Active file for the project.

5. An appeal may be initiated by any aggrieved person affected by any decision, order,

requirement, or determination relating to the interpretation or application of the PCO, including notices of violations and associated penalties (see Section 12.2 of the Administrative Manual). A petition for variance from the requirements of the PCO may be initiated by the owner of the affected property, an agent authorized in writing to act on the owner’s behalf, or a person having written contractual interest in the affected property (see Section 12.3 of the Administrative Manual).

6. Following approval of as-builts by the plan review engineer, the Land Development

Gatekeeper will send written notification of approval to the applicant indicating that a digital submittal of the as-builts is required prior to final approval of the project for compliance with PCO requirements and the release of sureties and certificates of occupancy. The applicant will be provided 30 calendar days to provide the digital submittal of the as-builts as a separate CAD (*.dwg) file to the Digital Plan Coordinator at the address in Section 10.2 of the Administrative Manual. Appendix 10-2 of the Administrative Manual contains the form to be used to provide this notification (Form #PCO28a in the Administrative Manual). A hard copy of this notification will be placed in the Active file (see Section 10.2.2 of the Administrative Manual).


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7. The Digital Plan Coordinator will review the digital as-built submittal to ensure proper integration with existing GIS data. Upon successful review, the Digital Plan Coordinator will post the as-built plans to the appropriate Mecklenburg County GIS SDE layers and notify the Water Quality Gatekeeper that the as-built plans are available. The Water Quality Gatekeeper will review the digital version of the as-builts for completeness and accuracy and will update/revise the GIS SDE layer developed in the BMP Database from the approved plans.

8. The Water Quality Gatekeeper will notify the Water Quality Program Manager of the receipt

of the approved digital as-builts. The Storm Water Administrator will send written notification of final approval of the project for compliance with PCO requirements to the applicant and Town Planner. Appendix 10-4 contains the form to be used to provide this notification (Form #PCO28 in the Administrative Manual). A hard copy of this notification will be placed in the Active file. At the discretion of the Storm Water Administrator, bond release and certificates of occupancy may be withheld pending receipt of the digital files. In addition, a failure to provide digital files is a violation of the PCO and is subject to penalties.

9. Upon issuance of the compliance letter for the project by the Storm Water Administrator, the

BMP Work Order will be submitted to the Supervisor for review. A hard copy of the Work Order will be printed and placed in the file following approval and closure by the Supervisor.

10. Future BMP inspections for compliance with PCO requirements will be documented in the

BMP Database. Refer to Mecklenburg County’s BMP Inspection Procedures for additional information.

When the Water Quality Program Inspector finds that any building, structure, or land is in violation of the PCO, a notice of violation (NOV) will be issued to the responsible person/entity (see Appendix 11-2 of the Administrative Manual for a blank NOV Form #PCO30). The NOV will indicate the nature of the violation and contain the address or other description of the site upon which the violation occurred or is occurring and order the necessary action to abate the violation. The notice will specify a date by which the responsible person/entity must comply with the PCO, and advise that the responsible person/entity is subject to remedies and/or penalties. In determining the measures required and the time for achieving compliance, the Inspector will take into consideration the technology and quantity of work required, and will set reasonable and attainable time limits. The Inspector 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.


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Section 4 Documentation

4.1 Local Reports

All inspection activities will be documented on the Erosion Control Inspection Form, which is attached to an EDMS Work Order. It is extremely important that this form be properly maintained with all relevant details. Information that is not provided by the check boxes is to be placed in the comment field. At a minimum, the Erosion Control Inspection Form must include the following information: 1. Specify the dates, exact place, and time of all inspections; 2. Indicate the first and last name of the Inspector(s) and always refer to them in the 3rd person; 3. Specify the actions taken during the investigation such as sampling, field investigation, etc.; 4. Specify the full names, titles and contact information for all contacts made during the

inspection; 5. Describe in detail what was observed during the inspection, including specific locations, etc.; 6. Specify the names and locations of all surface waters impacted and locations of impacted

storm sewer systems as well as the exact location(s) of violations; 7. Indicate violation(s) detected, the actions necessary for compliance and the financially

responsible party; 8. Indicate if NOV was issued, create Child Work Order and attach to Work Order; 9. Include any other information pertinent to the investigation; and 10. Repeat 1 through 11 above for all follow up inspections to ensure compliance and describe

the end results. At least every month, the Supervisor will access EDMS and review these Erosion Control Inspection Forms to ensure they are complete. Any problems will be immediately discussed with the Inspector. In the event that any case goes to appeal, EDMS Work Order will serve as documentation of all inspection activities. Reports regarding erosion control inspection activities will be prepared by the Erosion Control Team Leader and submitted to each Supervisor and the Program Manager for review by the 15th day of every month. These reports will include the following information by jurisdiction and Inspector: 1. Number of active land development projects (each approved plan is a separate project). 2. Number of inspections conducted (single-family lot inspections will be grouped by builder

within a unit development). 3. Number of NOVs issued. 4. Number of CNOVs issued. 5. Number of penalties assessed and collected. These reports will be reviewed by each Supervisor and the Program Manager to determine the Program’s effectiveness at achieving identified Program goals. The reports will also be distributed to all Water Quality staff and discussed at monthly staff meetings. Changes in Program policies and procedures will occur as necessary to ensure the effectiveness of the Program at achieving its identified goals.


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The Erosion Control Team Leader will also provide this information quarterly to Don Ceccarelli for inclusion in the reports submitted to the Towns along with their invoice. All reports generated and information collected by the Mecklenburg County Water Quality Program are considered public record and are to be made available to the public upon request following the completion of the form contained in the following file and subsequent signing by the Program Manager: G:\WQ_Xfer\WQ\Policies & Procedures\2.General Policies & Procedures\Record Review.doc. All reports generated for the erosion control program will be maintained in the following file: G:\WQ_Xfer\WQ\Erosion Control\Reports

4.2 State Reports

The Erosion Control Team Leader will complete a monthly report for the State using the information compiled in Section 4.1. This report must be emailed to the State contact by no later than the 15th day of every month using the form provided in Appendix 25. The Program Manager will be copied on these emails.


26

Section 5 Adaptive Management

5.1 Adapting the Program to Meet Changing Needs

The goal of the Water Quality Program through the enforcement of the Sedimentation and Erosion Control Ordinance is to protect Mecklenburg County surface waters from negative impacts associated with discharges of sediment from construction sites. Section 1.3 describes the use of CMANN to measure the success of Program efforts toward achieving this goal. Reports are produced annually that summarize CMANN data and identify trends in turbidity measurements. If these trends indicate increased turbidity levels in watersheds, then Program activities will be modified as necessary by the Supervisors and Program Manager to reduce these levels. For example, inspection activities may be increased in a particular watershed if it is determined that this will reduce sediment runoff from construction sites. Other actions may include the deployment of mobile CMANN units in a watershed to identify the specific source(s) of sediment discharges to surface waters for the initiation of corrective actions. Two mobile CMANN units are available for use by the Inspectors. Olivia Edwards will be contacted to arrange deployment working in cooperation with the Inspector. The implementation of such actions need not wait for the annual CMANN report. Ongoing assessments are performed on CMANN data that can be used in a similar manner. From time to time it will be necessary to update these policies and procedures. These updates will be completed by the Water Quality Program Manager. The most current version of these procedures as well as all appendices, form letters, etc. will always be maintained in the following file for use by staff: G:\WQ_Xfer\WQ\Erosion Control\Erosion Control Policies & Procedure Manual. All forms, including those used to prepare NOVs and document inspection activities, as well as other documents required for the implementation of these procedures will be maintained in the following file: G:\WQ_Xfer\WQ\Erosion Control\Erosion Control Policy & Procedure Manual\Forms.

5.2 Responding to State Reviews of the Erosion Control Program

The N.C. Department of Environment and Natural Resources (NCDENR) Division of Land Resources, Land Quality Section performs periodic reviews of all the locally delegated erosion control programs. This review includes an assessment of the plan review and approval process as well as field inspection activities. As a follow up to this review, NCDENR issues a letter to local program describing the problems detected and providing specific recommendations for improvement. The Mecklenburg County Water Quality Program takes these State reviews very seriously and will use the information provided to improve erosion control program performance. To ensure that this is accomplished, this Section of the Policy and Procedure Manual has been created to document all the recommendations provided by NCDENR following program reviews as well as the specific actions taken by the Mecklenburg County Water Quality Program in response to these recommendations.


27

5.2.1 State Review on March 11 and 12, 2008

Ms. Sonya Tankersley and Mr. Zahid Khan of NCDENR performed a review of Mecklenburg County’s locally delegated erosion control program on March 11 and 12, 2008. Provided below is a list of the recommendations for improvement provided by NCDENR following this review and Mecklenburg County’s response. A much more lengthy response was sent to the State from the County, which is available in the following file: G:\WQ_Xfer\WQ\Erosion Control\State Inspection\Mecklenburg County’s Response to the State’s Review of Erosion Control Program.pdf. 1. Recommendation: Once a revised plan has been submitted, General Statute 113A-54.1

requires the plan to be approved, disapproved, or approved with modifications within 15 days of plan receipt, or the plan will be deemed approved. A Letter of Approval or a Letter of Disapproval shall be issued by Mecklenburg County within that time frame. Response: Mecklenburg County is carefully examining options for meeting this requirement. It is anticipated that within the next few months plan review times will be significantly reduced and hopefully this requirement met.

2. Recommendation: Please revise your Letter of Approval to include the following language concerning the notice of right to inspect the project site and acceptance and approval of plan language. “Title 15A NCAC 4B.0118 (a) requires that a copy of the approved erosion control plan be on file at the job site. Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may also to this land-disturbing activity. This approval does not supersede any other permit or approval.” Response: The recommended text has been added to the first paragraph in Appendix 5 entitled “Plan Approval and NPDES Notification Letter” of the “Mecklenburg County Soil Erosion and Sedimentation Control Policies and Procedures” contained on the following ftp site: ftp://ftp1.co.mecklenburg.nc.us/WaterQuality/ . This letter will be sent out effective immediately for all erosion control plans approved by Mecklenburg County.

3. Recommendation: The field inspector should have access to previous inspection reports while in the filed for reference during inspections. To better improve the County’s program, the County should provide its inspectors with the capability of looking at plans and to review previous inspections in the field through the use of new technology.

Response: By December 31, 2008, all erosion control inspections will be placed on the following website: http://stormwater.charmeck.org . Inspectors will have access to these reports via an air card connected to their laptop in the field. The on-site contact during the inspection will also be informed of this website for access to the inspection report.

4. Recommendation: During the review, several sites were found to be out of compliance

because the approved plan was not followed and implemented in the field. When conducting


28

routine erosion and sediment control inspections the inspector should complete a written inspection report noting deficiencies and inconsistencies with the approved plan. Mark a site as not being in compliance if corrective actions are listed in a report. If minor actions are needed that are not to correct a violation, they can be listed under comments. Response: Written inspection forms are currently completed for all inspections. To clarify the compliance status of a site, the inspection form has been modified as described in number 5 below.

5. Recommendation: Revise the general inspection report to include the following questions: Is the site currently under a Notice of Violation? Yes No Is the site compliance with the ordinance? Yes No Response: The “General Erosion Control Inspection Form” has been modified to include the

above questions. The first question was added at the beginning of the form and the second question was added as number 16 on the form. This revised form is available in Appendix 6 of the “Mecklenburg County Soil Erosion and Sedimentation Control Policies and Procedures” contained on the aforementioned ftp site for your review.

6. Recommendation: Revise offsite sedimentation question on the general inspection report to

the following: Has sedimentation damage occurred since last inspection? Yes If yes, where? (Check all

that apply): No Lake/natural watercourse on the tract Lake/natural watercourse off the tract Other property Description:______________________________________________________________ Degree of damage: Slight Moderate Severe

Response: The “General Erosion Control Inspection Form” has been modified to include the above in number 14. This revised form is available in Appendix 6 of the “Mecklenburg County Soil Erosion and Sedimentation Control Policies and Procedures” contained on the aforementioned ftp site for your review.

7. Recommendation: Document the completion of graded slopes on inspection reports and

require groundcover on all exposed areas within 21 calendar days upon the completion of any phase of grading. Please require areas including stockpiles where work has discontinued for more than 21 calendar days to be provided with temporary ground cover.

Response: The “General Erosion Control Inspection Form” has been modified to include the above in numbers 9 and 13. This revised form is available in Appendix 6 of the “Mecklenburg County Soil Erosion and Sedimentation Control Policies and Procedures” contained on the aforementioned ftp site for your review.

8. Recommendation: Permanent groundcover sufficient to restrain erosion must be accomplishment within 15 working days or 90 calendar days following completion of construction or development, whichever period is shorter. For those areas where the grading is complete, require permanent seeding and stabilization.


29

Response: The “General Erosion Control Inspection Form” has been modified to include the above in number 9. This revised form is available in Appendix 6 of the “Mecklenburg County Soil Erosion and Sedimentation Control Policies and Procedures” contained on the aforementioned ftp site for your review.

9. Recommendation: Require measures on the approved plan to be implemented in the field unless approval has been given to omit the measures. A revised plan should be required if significant changes to the design are needed.

Response: Number 6 has been added to Section 2.5.2 of the “Mecklenburg County Soil Erosion and Sedimentation Control Policies and Procedures” to include the above text, which is available on the aforementioned ftp site for your review.

10. Recommendation: Require measures to meet the guidelines set forth in the Erosion and

Sediment Control Planning and Design Manual. Baffles should be made out of porous material instead of sediment fence. Require baffles to extend up the slopes of the basin wall to prevent runoff from cutting around baffles compromising the slope.

Response: This is currently a required design standard. Section 5.1 has been added to the “Mecklenburg County Soil Erosion and Sedimentation Control Policies and Procedures” to include the above text, which is available on the aforementioned ftp site for your review.

11. Recommendation: Require inlet protection on pipes to prevent sediment from entering pipes. Response: This is currently a required design standard. Section 5.1 has been added to the

“Mecklenburg County Soil Erosion and Sedimentation Control Policies and Procedures” to include the above text, which is available on the aforementioned ftp site for your review.

12. Recommendation: Require inlet protection for catch basins and curb inlets until such time as

an adequate groundcover is established. Response: This is currently a required design standard. Section 5.1 has been added to the


13. Recommendation: Require sediment fence to be installed and maintained to meet the

guidelines set forth in the Erosion and Sediment Control Planning and Design Manual. Twelve inches of fabric should be placed in the trench and backfilled with soil and compacted. Fabric should not be toed in with bricks or stones.


14. Recommendation: Sediment fence should not be used in areas of concentrated flow. High

volumes of water will undermined the sediment fence. Special control silt fence would be more appropriate to use in areas with concentrated flow.


30


15. Recommendation: Require check dams, matting, or similar measures on ditches and steep

slopes to slow velocity of runoff to prevent erosion of ditches and slopes. Response: This is currently a required design standard. Section 5.1 has been added to the


16. Recommendation: Require slope drains on slopes to transport runoff to basin or toe of fill

slopes to prevent erosion. They should also be used instead of steep diversions subject to gully erosion. The outlet should reach the toe of the slope or if discharging into a basin a rip rap outlet to protect the inner wall of the basin.


17. Recommendation: Require check dams to have a low point to allow surface runoff to pass

over low point and not dam up runoff or allow it to undercoat stone. Require that check dams be maintained and cleaned out.


18. Recommendation: Require matting on spillways to be installed from natural ground to

natural ground to prevent discharge from undercutting the sides of the mat. Response: This is currently a required design standard. Section 5.1 has been added to the “Mecklenburg County Soil Erosion and Sedimentation Control Policies and Procedures” to include the above text, which is available on the aforementioned ftp site for your review.

19. Recommendation: Require appropriately installed construction entrance/exits on all sites, to

minimize the tracking of sediment and mud on to public and private roads. Response: This is currently a required design standard. Section 5.1 has been added to the “Mecklenburg County Soil Erosion and Sedimentation Control Policies and Procedures” to include the above text, which is available on the aforementioned ftp site for your review.

20. Recommendation: Require diversion ditches or berm to be installed to direct flow to

appropriate basin/trap at the appropriate location to allow for optimum settling. Ensure implementation of ditches at project site. Response: This is currently a required design standard. Section 5.1 has been added to the “Mecklenburg County Soil Erosion and Sedimentation Control Policies and Procedures” to include the above text, which is available on the aforementioned ftp site for your review.


31

21. Recommendation: Require riprap outlet section to be constructed so the water leaving the sediment basin/trap flows away from the basin/trap avoid ponding of water on the toe of the slope. Response: This is currently a required design standard. Section 5.1 has been added to the “Mecklenburg County Soil Erosion and Sedimentation Control Policies and Procedures” to include the above text, which is available on the aforementioned ftp site for your review.

22. Recommendation: Install and maintain weir sections of sediment traps and basins to prevent water from discharging from basin and cutting out around rock water. Response: This is currently a required design standard. Section 5.1 has been added to the “Mecklenburg County Soil Erosion and Sedimentation Control Policies and Procedures” to include the above text, which is available on the aforementioned ftp site for your review.

23. Recommendation: Repair rill areas on basins if appropriate. If stabilization has already occurred and fixing the rill cause more damage, then require rework slopes f the rills become gullies. Response: This is currently a required design standard. Section 5.1 has been added to the “Mecklenburg County Soil Erosion and Sedimentation Control Policies and Procedures” to include the above text, which is available on the aforementioned ftp site for your review.

24. Recommendation: Greater emphasis should be placed on areas of a land-disturbing activity that directly impact surface water, such as stream crossings. Response: Section 2.5.3 was added to the “Mecklenburg County Soil Erosion and Sedimentation Control Policies and Procedures” to emphasize the importance of properly constructed and maintained stream crossings for the protection of water quality. The specific stream crossing requirements were included in this new section. In addition, these requirements will be included as notes on future erosion control plans.

25. Recommendation: Please provide this office with an update on the three non-compliant sites on May 16, 2008. The sites are Microban, Easy Eddies, and Parkway Crossing Phase I. Response: Provided as Attachment 2 of this document.

26. Recommendation: Require measures to meet the standards set forth in the Erosion and Sediment Control Planning and Design Manual. Calibrate with contract plan reviewers to ensure they are requiring and approving measures. Response: Efforts will be initiated to ensure that all standards are met, including improved collaboration with contract plan reviewers.

5.3 Staff Training

One of the primary methods that will be used by the Water Quality Program to ensure long term program effectiveness is staff training, which includes training for new Inspectors as well as ongoing training to maintain knowledge and expertise in the field of erosion control. Training


32

for new Inspectors involves an estimated 72 hours of in-house training as described in Appendix 26 and summarized below: • General Water Quality Program Training – Program purpose, goals, and objectives (3 hours) • Plan Review – Overview of the plan review and approval process and instructions on how to

read plans (8 hours) • Erosion Control Field Inspections – Overview of the inspection process (8 hours) • Construction Site Preparation – Overview of construction process and erosion control

features (16 hours) • Stream Protection – Methods for protecting streams during the construction process (8 hours) • BMP Construction/Inspection – Overview of water quality best management practices

(BMPs) used during post-construction (21 hours) • Administrative – Proper completion of required paperwork (8 hours) In addition, training for new Inspectors requires the review of the following materials within six (6) months of hire: • Mecklenburg County Soil Erosion and Sedimentation Control Policies and Procedures

Manual • Mecklenburg County Soil Erosion and Sedimentation Control Ordinance • N.C. Erosion and Sediment Control Field Manual – available on the following website:

http://www.dlr.enr.state.nc.us/pages/publications.html • N.C. Erosion and Sediment Control Inspectors Guide – available on the following website:

http://www.dlr.enr.state.nc.us/pages/publications.html • Charlotte-Mecklenburg BMP Design Manual • Administrative Manual for Implementation of the Post-Construction Ordinance • Huntersville Water Quality Ordinance Design Manual • Watershed Buffer Guidelines for Mecklenburg County • S.W.I.M. Buffer Implementation Guidelines The following additional training and certification is required for all new erosion control Inspectors in the time frame specified: • Charlotte Mecklenburg Certified Site Inspector (CMCSI) (certification required within 6

months of hire) • Certified Storm Water BMP Inspection & Maintenance Professional (NC Cooperative

Extension) (certification required within 6 months of hire) • Intermittent and Perennial Streams Identification (certification required within 1 year of hire) • Wetland Delineation (Richard Chinn) (certification required within 1 year of hire) • Attend Hickory Workshop for intermediate and advanced Sedimentation and Erosion Control

(attendance required within 1 year of hire) • Certified Professional in Erosion and Sediment Control (CPESC) (recommended but not

required within 3 years of hire)

33

Appendix 1: 303(d) Listed Streams for Construction Related Parameters

34

I-77

I-85

PARK

YORK

I-485

STATESVILLE

SOUTH

REA

W T HARRIS

WEST

ALBEMARLE

BEATTI ES FORD

CARMEL

IDLEWILD

BROOKSH

IRE

WILKINSON

LAWYERS

7TH

TYVOLA

OLD STATESVILLE

GRAHAM

GILEA

D

BRIEF

INDEPENDENCE

JOHN

FREED

OM

BLAIR

STEELE CREEK

ELM

TRYON

MAI N

MCKEE

SAM FURR

SHOP

TON

CENTRAL

MONROE

SUGAR CREEK

SHARON

MCCOY

PLAZA

N C 73

SUNSE

T

MT HO

LLY-HUNTERSVILL

CATAWBA

OAKDALE

SARDIS

PINE

VILLE-MA

TTHE

WS

TUCKASEEGEE

NATI ONS FORD

LANCASTER

GREY

EASTFIELD

COLONY

EASTWAY

THE PLAZA

BEAM

NEVIN

RANDOLPH

HOOD

RIDGE

REAMES

HAMBRIGHT

MARVIN

EAST

RAMA

ARROWOOD

MOUNT HOLLY

MALLARD CRE

EK

PENCE

OLD CONCORD

OLD DOWDHARRISBURG

DAVIDSON-CONCORD

KINGS

FAIRVIEW

CABARRUS

LEBANON

GIBBON

SHAMROC

K

SELW

YN

UNIVE

RSITY

CITY

ARCHDALE

MOREHEAD

MOORES CHAPEL

MCCORD

LAKEVI

EW

WENDOVER

YORKMONT

TODDVILLE

LITTLE ROCK

ROZZELLE

S FERRY

4TH

SAM NEWELL

3RD

WOODLAWN

HUCKS

36TH

BELLHAVEN

HOVIS

MATTHEWS-MI NT HI LL

DOWNS

RAMAH C

HURCH

CINDY

BROWNE

ASHLEY

SHARON VIEW

SAM WILSON

US 21

TRADE

HWY 521

DIXIE RIVER

PAVILION

REMOUNTCLANTON

N C 49

POLK

JOHN BELK

HAMILTON

ROBINSON CHURCH

ROCKY RIVER

SANDY PORTER

WEDDINGTON

HOSKINS

SALISBUR

Y

MILTON

DIXIE

PROVIDENCE

VANCE

ZOAR

ALLEG

HANY

I-485 RAMP

HEBRON

ARLI NGTON CHURCH

MARGARET WALLACE

MALLARD CREEK CHURCH

RANSON

GRIFFIN

PEAC

HTRE

E

HAWTH

ORNE

30TH

ALEXANDERANA

SCOTT

OAKLAWN

ALEXA

NDER

BACK CREEK CHURCH

WILG

ROVE-MINT HILL

QUEENSS

CALEYBARK

CAMP STEWART

NORLAND

JOHNSTO

N

CAROWINDS

WILSO

N GROVE

GLENEAGLES

BILLY G

RAHAM

WALLACE NEEL

PINEVI LLE

STUMP

TOWN

PLEASANT P

LAINS

KI LBORNE

ARDR

EY-KELL

BROWN-GRIER

TIL LEY MORRIS

GLENWOOD

WESTINGHOUSE

PARK SOUTH

RUNN

YMEDE

SHARON AMITY

HICKORY GROVE

YOUNGBLO

OD

DALTON

OLD STEELE CREEK

SALOME CHURCH

THRIFT

WASHAM POTTS

US 29 BY-P

ASS

DONALD ROSS

BRIAR CREEK

E W

T HARRI S

PARK

WOO

D

I -77

MONROE

SHOPTON

I -77

SHARON

HOSKINS

WESTINGHOUSE

FAIRVIEW

TRYON

I-485 RAMP

MAIN

ROZZELLES FERRY

SARD

IS

TRADE

ROCKY RIVER

QUEEN

SLong Creek

Irwin Creek

McAlpine Creek

Sugar Creek

McKee Creek

Little Sugar Creek

Rocky Ri ver

Mecklenburg County 303(d) Listed StreamsFor Construction Related Parameters

(Turbidity, Sediment)

CharlotteCorneliusDavidsonHuntersvilleMatthewsMint HillPineville

WatershedsStreams

303d Listed Stream forTurbidity and/or Sediment

N

Legend

35

Appendix 2: Mecklenburg County Soil Erosion and Sedimentation Control Ordinance (Revised October 7, 2008)

(The same language is used in the Mint Hill and Davidson Ordinances except substitute the name of

jurisdiction in place of “Mecklenburg County” or “County.”)

36

MECKLENBURG COUNTY

SOIL EROSION AND

SEDIMENTATION

CONTROL ORDINANCE

TABLE OF CONTENTS PAGE

Section 1 Title 1

Section 2 Preamble 1

Section 3 Definitions 1

Section 4 Scope and Exclusions 5

Section 5 Forest Practice Guidelines 5

Section 6 General Requirements 6

Section 7 Basic Control Objectives 6

Section 8 Mandatory Standards for Land-disturbing Activity 7

Section 9 Design and Performance Standards 8 Section 10 Erosion and Sedimentation Control Plans 9

Section 11 Permits 11

Section 12 Inspections and Investigations 12

Section 13 Penalties 14

Section 14 Injunctive Relief 17

Section 15 Restoration of Areas Affected by Failure to Comply 17

Section 16 Appeals 18

Section 17 Severability 20

Section 18 Effective Dates 21 Section 19 Revisions 21

1

MECKLENBURG COUNTY

SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE.

NOW, THEREFORE, BE IT ORDAINED by the Mecklenburg County Board of Commissioners that:

Section 1. Title This Ordinance may be cited as the "Mecklenburg County Soil Erosion and Sedimentation

Control Ordinance."

Section 2. Preamble

The Sedimentation of streams, lakes, wetlands and other waters of this State constitute a major pollution problem. Sedimentation occurs from the Erosion or depositing of soil and other materials into the waters. Control of Erosion and Sedimentation is deemed vital to the public interest and necessary to public health and welfare, and expenditures of funds for Erosion and Sedimentation control programs shall be deemed for public purpose. It is the purpose of this Ordinance to provide for creation, administration, and enforcement of the program through procedures and for the adoption of mandatory standards that will permit development of this County to continue with the least detrimental effects from pollution by Sedimentation. In recognition of desirability of early coordination of Sedimentation control planning, it is the intention of the Board of Commissioners that pre-construction conferences be held among the affected parties.

Section 3. Definitions

As used in this Ordinance, unless the context clearly indicates otherwise, the following definitions apply.

a. Accelerated Erosion - means any increase over the rate of Natural Erosion as a result

of Land-disturbing Activity.

b. Act - means the North Carolina Sedimentation Pollution Control Act of 1973 and all rules and orders adopted pursuant to it.

c. Adequate Erosion Control Measures, Structures, or Devices - means ones that

control the soil material within the land area under responsible control of the Person conducting the Land-disturbing Activity.

d. Affiliate - means a Person that directly, or indirectly through one or more

intermediaries, controls, is controlled by, or is under common control of another Person.

e. Being Conducted - means a Land-disturbing Activity has been initiated and

permanent stabilization of the site has not been completed. f. Borrow - means fill material that is required for on-site construction and is obtained

from other locations.

2

g. Certificate of Occupancy - means the document required by the North Carolina State Building Code certifying that a new building shall not be occupied or a change made in occupancy, nature or use of a building until after all required building and services systems have been inspected for compliance with the technical codes and other applicable laws and ordinances and released by the Code Enforcement Department.

h. Code Enforcement Department – means the Mecklenburg County, Land Use and

Environmental Services Agency, Code Enforcement Department, formerly known as Building Standards.

i. County Engineer - means the Mecklenburg County Director of the Land Use and

Environmental Services Agency or the director’s duly authorized representatives.

j. Commission - means the North Carolina Sedimentation Control Commission.

k. Committee - means The Charlotte-Mecklenburg Storm Water Advisory Committee as established by the joint resolution of the Charlotte City Council and the Mecklenburg County Board of Commissioners, together with any amendments thereto.

l. Completion of Construction or Development - means that no further Land-disturbing

Activity is required on a phase of a project except that which is necessary for establishing a permanent Ground Cover.

m. Competent Person- means a person that has obtained and maintains in good standing

an approved certification that is recognized by the County Engineer.

n. Contractor Conducting the Land-disturbing Activity – means any person who participates in the Land-disturbing Activity, including, but not limited to, the general contractor and sub-contractors with the responsibility for supervising the work on the Tract for the changing of the natural cover or topography of the Tract, or any part thereof.

o. Days – means calendar days unless otherwise specified.

p. Department - means the North Carolina Department of Environment and Natural

Resources. q. Director - means the Director of the Division of Land Resources of the Department

of Environment and Natural Resources. r. Discharge Point - means that point at which concentrated flow runoff leaves a Tract

of land.

s. Energy Dissipater - means a structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high Velocity flow.

t. Erosion - means the wearing away of land surface by the action of wind, water,

gravity, or any combination thereof.

3

u. Forest Practice Guidelines – means the written directions related to water quality prepared by the Department’s Division of Forest Resources and the United States Forest Service, including but not limited to the “Forestry Best Management Practices Manual” prepared by the Department.

v. Ground Cover - means any vegetative growth or other material that renders the soil

surface stable against Accelerated Erosion. w. Lake or Watercourse - means any stream, river, brook, swamp, sound, bay, creek,

run, branch, canal, waterway, estuary, and any reservoir, lake or pond, natural or impounded, in which Sediment may be moved or carried in suspension, and which could be damaged by accumulation of Sediment.

x. Land-disturbing Activity - means any use of the land by any Person in residential,

governmental, industrial, educational, institutional, or commercial development, highway and road construction and maintenance that results in a change in the Ground Cover or topography and that may cause or contribute to Sedimentation.

y. Local Government - means any county, incorporated village, town, or city, or any

combination of counties, incorporated villages, towns, and cities, acting through a joint program pursuant to the provisions of the Act.

z. Natural Erosion - means the wearing away of the earth's surface by water, wind, or

other natural agents under natural environmental conditions undisturbed by man.

aa. Parent - means an Affiliate that directly, or indirectly through one or more intermediaries, controls another Person.

bb. Performance Reservation - means the subjective evaluation that proposed measures

may or may not be adequate to meet the design standard. cc. Permit – means the “Permit to Conduct Land-disturbing Activities” (grading permit)

issued by the County Engineer after a Plan is approved. dd. Person(s) - means any individual, partnership, firm, association, joint venture, public

or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity.

ee. Person Responsible for the Violation - as used in this Ordinance means:

1. The developer or other Person who has or holds himself out as having financial or

operational control over the Land-disturbing Activity;

2. The landowner or Person in possession or control of the land who has directly or indirectly allowed the Land-disturbing Activity or has benefited from it or has failed to comply with any provision of this Ordinance, the Act, or any order adopted pursuant to this Ordinance or the Act; and/or

3. The contractor with control over the Tract or the Contractor Conducting the

Land-disturbing Activity.

ff. Phase of Grading - means one of two types of grading, rough or fine.

gg. Plan(s) - means an erosion and Sedimentation control plan.

4

hh. Sediment - means solid particulate matter, both mineral and organic, that has been

or is being transported by water, air, gravity, or ice from its site of origin.

ii. Sedimentation - means the process by which Sediment resulting from Accelerated Erosion has been or is being transported off the site of the Land-disturbing Activity or into a Wetland, Lake or Watercourse.

jj. Storm Drainage Facilities - means the system of inlets, conduits, channels, ditches

and appurtenances that serve to collect and convey storm water through and from a given drainage area.

kk. Storm Water Runoff - means the direct runoff of water resulting from precipitation

in any form.

ll. Subsidiary - means an Affiliate that is directly, or indirectly through one or more intermediaries, controlled by another Person.

mm. Ten-Year Storm - means a rainfall of an intensity expected to be equaled or

exceeded, on the average, once in ten years, and of a duration that will produce the maximum peak rate of runoff, for the watershed of interest under average antecedent wetness conditions.

nn. Tract - means all land and bodies of water being disturbed, developed or to be

disturbed or developed as a unit, regardless of ownership.

oo. Twenty-five Year Storm - means a rainfall of an intensity expected to be equaled or

exceeded, on the average, once in 25 years, and of a duration that will produce the maximum peak rate of runoff, from the watershed of interest under average antecedent wetness conditions.

pp. Uncovered - means the removal of Ground Cover from, on, or above the soil surface.

qq. Undertaken - means the initiating of any activity, or phase of activity, which results

or will result in a change in the Ground Cover or topography of a Tract of land.

rr. Velocity - means the average velocity of flow through the cross section of the main channel at the peak flow of the design storm. The cross section of the main channel shall be that area defined by the geometry of the channel plus the area of flow below the flood height defined by vertical lines at the main channel banks. Overload flows are not to be included for the purpose of computing velocity of flow.

ss. Waste - means surplus materials resulting from on-site construction and disposed of

at other locations.

tt. Watershed - means any water supply watershed protection area regulated with various controls within the jurisdictional boundaries of Mecklenburg County.

uu. Wetland(s) – means land having the vegetative, soil and hydrologic characteristics to

be regulated by Section 401 and 404 of the Federal Clean Water Act as defined by the United States Army Corp of Engineers.

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vv. Working Days - means days exclusive of Saturday, and Sunday and County government holidays during which weather conditions or soil conditions permit Land-disturbing Activity to be Undertaken.

Section 4. Scope and Exclusions

This Ordinance shall regulate Land-disturbing Activity within the unincorporated areas of Mecklenburg County and within the jurisdiction of those municipalities that adopt a resolution that authorizes Mecklenburg County to enforce this ordinance in their jurisdictions.

This Ordinance shall not apply to the following Land-disturbing Activities: a. Activities including the breeding and grazing of livestock, Undertaken on

agricultural land for the production of plants and animals useful to man, including, but not limited to: 1. Forages and sod crops, grains and feed crops, tobacco, cotton, and peanuts. 2. Dairy animals and dairy products. 3. Poultry and poultry products. 4. Livestock, including beef cattle, sheep, swine, horses, ponies, mules and

goats. 5. Bees and apiary products. 6. Fur producing animals.

b. Activities Undertaken on forest land for the production and harvesting of timber and

timber products and conducted in accordance with best management practices set out in Forest Practice Guidelines.

c. Activities for which a Permit is required under the Mining Act of 1971, Article 7 of

Chapter 74 of the General Statutes. d. For the duration of an emergency, activities essential to protect human life.

e. Land-disturbing Activity over which the State has exclusive regulatory jurisdiction

as provided in G.S. 113A-56(a).

Section 5. Forest Practice Guidelines

a. The Mecklenburg County Board of Commissioners adopts by reference the Forest

Practice Guidelines. b. If Land-disturbing Activity Undertaken on forest land for the production and

harvesting of timber and timber products is not conducted in accordance with Forest Practice Guidelines, the provisions of this Ordinance shall apply to such activity and any related Land-disturbing Activity on the Tract.

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Section 6. General Requirements

a. Erosion and Sedimentation Control Measures - All Land-disturbing Activities,

including those that disturb less than an acre, shall provide Adequate Erosion Control Measures, Structures, or Devices in accordance with this Ordinance.

b. Plan Required - No Person shall initiate, direct, allow or conduct any Land-

disturbing Activity on a Tract that meets any of the following criteria without having a copy of an approved Erosion and Sedimentation Control Plan on the job site, or a Plan approved by the County Engineer with performance reservations on the job site.

1. uncovers one acre or more,

2. in Borrow and Waste areas covered by Section 9.f, with a disturbed area greater than one acre.

c. Compliance - Persons who submit a Plan to the County Engineer shall comply with

the provisions of Sections 10 & 11 of this Ordinance.

d. Protection of Property - Persons conducting Land-disturbing Activity shall take all reasonable measures to protect all public and private property from damage caused by such activity and associated Sedimentation.

e. More Restrictive Rules Shall Apply - Whenever conflicts exist between federal, state

or local laws, ordinances, or rules, the more restrictive provision shall apply.

Section 7. Basic Control Objectives

A Plan may be disapproved pursuant to Section 10 of this Ordinance if the Plan fails to include Adequate Erosion Control Measures, Structures, or Devices to address the

following control objectives:

a. Identify Critical Areas - On-site areas that are subject to severe Erosion and off-site areas that are especially vulnerable to damage from Erosion and/or Sedimentation are to be identified and receive special attention.

b. Limit Time of Exposure - All Land-disturbing Activity is to be planned and

conducted to limit exposure to the shortest feasible time.

c. Limit Exposed Areas - All Land-disturbing Activity is to be planned and conducted to minimize the size of the area to be exposed at any one time.

d. Control Surface Water - Surface water runoff originating upgrade of exposed areas

should be controlled to reduce Erosion and Sediment loss during the period of exposure.

e. Control Sedimentation - All Land-disturbing Activity is to be planned and conducted

so as to prevent Sedimentation damage.

f. Manage Storm Water Runoff - When the increase in the Velocity of Storm Water Runoff resulting from a Land-disturbing Activity is sufficient to cause Accelerated Erosion of the receiving watercourse, Plans are to include measures to control the

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Velocity at the Discharge Point so as to minimize Accelerated Erosion of the site and to decrease Sedimentation to any Lake or Watercourse.

Section 8. Mandatory Standards for Land-disturbing Activity

No Land-disturbing Activity subject to the control of this Ordinance shall be Undertaken except in accordance with the following mandatory standards: a. Lake, Watercourse and Wetland Protection - Additional erosion control measures

structures, or devices as specified in the “Policies and Procedures” statement issued by the County Engineer shall be required to provide a higher level of protection to Lakes, Watercourses, and Wetlands from Sedimentation.

b. Graded Slopes and Fills - The angle for graded slopes and fills shall be no greater

than the angle that can retain vegetative cover or other Adequate Erosion Control Measures, Structures, or Devices. Permanent or temporary stabilization sufficient to restrain erosion is to be provided with 21 calendar days after completion of any Phase of Grading.

c. Ground Cover - The Person conducting the Land-disturbing Activity shall plant or

otherwise provide a permanent Ground Cover sufficient to restrain Erosion after Completion of Construction or Development. Provisions for a permanent Ground Cover sufficient to restrain Erosion must be accomplished within 21 calendar days following Completion of Construction or Development . For an area of a site that is inactive for a period of 21 calendar days or longer, temporary ground cover would be required.

d. Prior Plan Approval - No Person shall initiate any Land-disturbing Activity on a

tract if one acre or more is to be disturbed unless a plan for that activity has been submitted and approved in accordance with Section 10(b).

e. Pre-construction Conference - If one acre or more is to be Uncovered, the Person(s)

conducting Land-disturbing Activity or an agent of that party shall contact the County Engineer at least 48 hours before commencement of the Land-disturbing Activity. The purpose is to arrange an on-site meeting with the County Engineer or duly authorized representative to review and discuss the approved Plan and the proposed Land-disturbing Activity.

f. Monitoring – The Person(s) conducting Land-disturbing Activity or an agent of that

party shall inspect all Erosion and Sedimentation control measures at least once a week and within 24 hours after any storm event of greater than 0.5 inches of rain per 24 hour period or more frequently if required by State or Federal Law. The person performing this monitoring shall have certification approved by the County/ City Engineer.

1. If one acre or more is to be disturbed, a record of inspections shall be kept by

the Person conducting the Land-disturbing Activity or an agent until six months after construction is completed and approved by the County Engineer. The record shall include the date and time of inspection, weather conditions, any repairs or maintenance needed, and the signature and certification number of the person who performed the inspection. Additional record keeping may be required by State or Federal Law and as stated on the approved plans.

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2. Corrective action on the repairs and maintenance indicated on the record is initiated within 24 hours after a rain event or within 24 hours of the last inspection if a rain event did not prompt the inspection, unless additional time is allowed by the County Engineer. The date of the completion of such repairs noted. The records of inspection shall be made available to the County Engineer upon request.

3. Persons that have had a Notice of Violation or repeated warning about off-

site sedimentation or non-maintenance of Adequate Erosion Control Measures, Structures, or Devices may be required to provide the County Engineer with a self-inspection record for the particular Tract.

Section 9. Design and Performance Standards

a. Design Storm - Adequate Erosion Control Measures, Structures, and Devices shall

be planned, designed, constructed and maintained so as to provide protection from the calculated maximum peak of runoff from the Ten-year Storm. Runoff rates shall be calculated using the procedures in the USDA, Natural Resource Conservation Services (formerly Soil Conservation Service's) "National Engineering Field Manual for Conservation Practices," or other acceptable calculation procedures including but not limited to the Charlotte- Mecklenburg Storm Water Design Manual.

b. Innovative Measures - Erosion and Sedimentation measures applied alone or in

combination to satisfy the intent of this section are acceptable if they are sufficient to prevent adverse secondary consequences. Innovative techniques and ideas will be considered and may be used following approval by the County Engineer if it can be demonstrated that such techniques and ideas are likely to produce successful results.

c. Responsibility for Maintenance - During the development of a site, the Person

conducting the Land-disturbing Activity shall install and maintain all temporary and permanent Erosion and Sedimentation control measures as required by the approved Plan or any provision of this Ordinance, the Act, or any order adopted pursuant to this Ordinance or the Act. After development, the landowner or Person in possession or control of the land shall install and maintain all necessary permanent Erosion and Sediment control measures.

d. Additional Measures - Whenever the County Engineer, determines that Erosion and

Sedimentation will likely continue, despite installation and maintenance of protective practices, the Person conducting the Land-disturbing Activity will be required to take additional protective action.

e. Storm Drainage Facilities Protection - Persons shall design the Plan and conduct

Land-disturbing Activity so that the post construction Velocity of the 10-year storm does not exceed the maximum non-erosive Velocity tolerated by the soil of the receiving watercourse or the soil of the receiving land.

f. Borrow and Waste Areas - When the Person conducting the Land-disturbing

Activity is also the Person conducting the Borrow or Waste disposal activity, the following areas are considered as part of the Land-disturbing Activity.

1. Areas from which Borrow is obtained that are not regulated by the

provisions of the Mining Act of 1971 and its subsequent amendments, or

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2. Waste areas for surplus materials other than landfills regulated by the Department's Division of Solid Waste Management.

When the Person conducting the Land-disturbing Activity is not the Person conducting the Borrow or Waste disposal activity, the activity shall be considered a separate Land-disturbing Activity.

The responsible Person conducting the Borrow or Waste Areas shall provide Adequate Erosion Control Measures, Structures, or Devices and comply with all provisions of this Ordinance.

g. Access and Haul Roads - Temporary access and haul roads, other than public roads, constructed or used in connection with any Land-disturbing Activity shall be considered a part of such activity.

h. Operations in Lakes or Watercourses - Land-disturbing Activity in connection with

construction in, on, over, or under a Lake or Watercourse shall be planned and conducted in such a manner as to minimize the extent and duration of disturbance of the Lake or Watercourse. The relocation of a stream, where relocation is an essential part of the proposed activity, shall be planned and executed so as to minimize changes in the stream flow characteristics, except when justification for significant alteration to flow characteristic is provided.

Section 10. Erosion and Sedimentation Control Plans

a. Plan Requirements – All Plans required for Land- disturbing Activities as identified in Section 6.b of this Ordinance shall meet the following requirements:

1. Plans shall contain architectural and engineering drawings, maps,

assumptions, calculations, and narrative statements as needed to adequately describe the proposed development of the Tract and the measures planned to comply with the requirements of this Ordinance. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for Plan preparation may be obtained from the County Engineer on request.

2. Plans must contain an authorized statement of financial responsibility and

ownership signed by the Person financially responsible for the Land-disturbing Activity or that Person's attorney in fact. The statement shall include the mailing and street addresses of the principal place of business of the Person financially responsible and of the owner of the land or their registered agents. If the Person financially responsible is not a resident of North Carolina, a North Carolina agent must be designated in the statement for the purpose of receiving service of process and notice of compliance or non-compliance with the Plan, the Act, this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance.

3. If the applicant is not the owner of the land to be disturbed, the draft

erosion and sedimentation control plan must include the owner’s written consent for the applicant to submit a draft erosion and sedimentation control plan and to conduct the anticipated Land Disturbing Activity.

4. The Land-disturbing Activity described in the Plan shall comply with all

Federal, State, and Local water quality laws, rules and regulations,

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including, but not limited to, the Federal Clean Water Act. The County Engineer may require supporting documentation.

5. The Land-disturbing Activity described in the Plan shall not result in a

violation of rules adopted by the Environmental Management Commission to protect riparian buffers along surface waters.

6. The Land-disturbing Activity described in the Plan shall not result in a

violation of any local Ordinance, law, rule or regulation, including but not limited to zoning, tree protection, stream, lake and watershed buffers, and flood plain regulations.

7. If the Plan is submitted for Land-disturbing Activity for which an environmental document is required by the North Carolina Environmental Policy Act (G.S. 113A-1, et. seq.), such as required on Tracts involving public money or public land, a complete environmental document must be presented for review. The County Engineer’s time for reviewing the Plan will not commence until a complete environmental document is available for review.

8. Copies of the Plan shall be filed with the County Engineer. A copy of the

approved Plan shall be maintained on the job site.

9. Effort should be made not to uncover more than 20 acres at any one time. If more than 20 acres are to be uncovered at any one time, the Plan shall contain the following:

(a.) The method of limiting time of exposure and amount of exposed area to achieve the objectives of this Ordinance.

(b.) A cut/fill analysis that shows where soil will be moved from one area of the Tract to another as ground elevation is changed.

(c.) Construction sequence and construction phasing to justify the time and amount of exposure.

(d.) Techniques to be used to prevent Sedimentation associated with larger disturbed areas.

(e.) Additional erosion control measures, structures, and devices to prevent Sedimentation.

b. Plan Review Process - The County Engineer will review each complete Plan

submitted and within 30 Days of receipt thereof will notify the Person submitting the Plan (hereinafter “the applicant”) that it has been approved, approved with modifications, approved with performance reservations, or disapproved. Should the Plan be filed and not reviewed within the specified time frame, the Land-disturbing Activity may commence subject to the provisions of Section 8.e and Section 10.a.5, and the County Engineer will endeavor to review the plan on an expedited schedule.

In the event the Plan is disapproved, the County Engineer shall notify the applicant

and, if required, the Director of such disapproval within 10 Days thereof. The County Engineer shall advise the applicant and the Director in writing as to the specific reasons that the Plan was disapproved. The applicant shall have the right to appeal the County Engineer’s decision as provided in Section 16 of this Ordinance.

Plans for which Land-disturbing Activity has not commenced within 3 years from

the initial plan approval are void.

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c. Amendments to Plans - If the County Engineer, either upon review of such Plan or upon inspection of the job site, determines that the Plan is inadequate to meet the requirements of this Ordinance or that a significant risk of Accelerated Erosion or off-site Sedimentation exists, then the County Engineer may require a revised Plan. Pending the preparation of the revised Plan, work on affected area may cease or may continue only under conditions outlined by the County Engineer.

Amendments or revisions to a Plan must be made in written and/or graphic form and

may be submitted at any time under the same requirements for submission of original Plans. Until such time as the County Engineer approves any amendments or revisions, the Land-disturbing Activity shall not proceed, except in accordance with the Plan as originally approved.

The County Engineer must approve, approve with modifications, approve with

performance reservations, or deny a revised Plan within 30 Days of receipt, or it is deemed to be approved as submitted, unless such approval conflicts with other federal, state or local regulations.

d. Grounds for Disapproval of Plans – Any Plan that is not in accordance with the

requirements set forth in subsection (a) above shall be disapproved. In addition, a Plan may be disapproved upon a finding that the financially responsible Person, or any Parent or Subsidiary thereof:

1. Is conducting or has conducted Land-disturbing Activity without an

approved Plan, or has received notice of violation of is not in compliance with the provisions of the notice;

2. Has failed to pay a civil penalty assessed pursuant to the Act, or a local

ordinance adopted pursuant to the Act, by the time the payment is due;

3. Has been convicted of a misdemeanor pursuant to G.S. 113A-64(b) or any criminal provision of a local ordinance adopted pursuant to the Act; or

4. Has failed to substantially comply with State rules or local ordinances and

regulations adopted pursuant to the Act.

e. Violations - Any Person engaged in Land-disturbing Activity who fails to file a required Plan in accordance with this Ordinance shall be deemed in willful violation of this Ordinance. Any Person who conducts a Land-disturbing Activity except in accordance with provisions of an approved Plan shall be deemed in violation of this Ordinance.

Section 11. Permits

No Person shall undertake any Land-disturbing Activity subject to this Ordinance without first obtaining a Permit from the County Engineer. The only exception to this requirement is a Land-disturbing Activity that:

a. has been pre-approved by the County Engineer at a pre-construction conference,

b. is for the purpose of fighting fires,

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c. is for the stock piling of raw or processed sand, stone, or gravel in material processing plants and storage yards, provided that Sediment control measures are utilized to protect against off-site damage, or

d. does not exceed one (1) acre of disturbed area. In determining the size of the

disturbed area, lands being developed as a unit will be aggregated regardless of ownership. Although a Plan and a Permit may not be required for activity comprising less than one acre, such activity is subject to all other requirements of this Ordinance.

Section 12. Inspections and Investigations

a. The County Engineer is authorized to inspect the sites of Land-disturbing Activity to

determine compliance with the Act, 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 the Ordinance and the approved Plan and whether the measures required in the Plan are effective in controlling Erosion and Sediment resulting from Land-disturbing Activity. Notice of the right to inspect shall be included in the notification of each Plan approval or issuance of the Permit.

b. No Person shall willfully resist, delay, or obstruct the County Engineer while the

County Engineer is inspecting or attempting to inspect a Land-disturbing Activity under this Ordinance.

c. If, through inspection, it is determined that a Person engaged in Land-disturbing

Activity has failed to comply with the Act, this Ordinance, or rules, or orders adopted or issued pursuant to this Ordinance, or has failed to comply with an approved Plan, the County Engineer will serve upon the landowner, the landowner’s agent, or other Person in possession or control of the land a written notice of violation. The notice may be served by any means authorized under G.S. 1A-1, Rule 4, or other means reasonably calculated to give actual notice. A notice of violation shall identify the nature of the violation and set forth the measures necessary to achieve compliance with the Ordinance. The notice shall, if required, specify a date by which the Person must comply with this Ordinance, and advise that the Person is subject to civil penalty or that failure to correct the violation within the time specified will subject that Person to the civil penalties including those provided in Section 13 of this Ordinance or any other authorized enforcement action. The notice of violation need not be given for those violations identified in subsection (f) below.

d. In determining the measures required and the time for achieving compliance, the

County Engineer shall take into consideration the technology and quantity of work required, and shall set reasonable and attainable time limits.

e. The County Engineer shall use local rainfall data approved by the County Engineer

to determine whether the design storm identified in Section 9.a has been exceeded.

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f. Penalties may be assessed concurrently with a notice of violation for any of the

following:

8. Failure to submit a Plan. 9. Performing Land-disturbing Activities without an approved Plan and pre-

construction conference, or Permit. 10. Obstructing, hampering or interfering with an authorized representative

who is in the process of carrying out official duties.

11. A repeated violation for which a notice was previously given on the same Tract or to the Person Responsible for the Violation.

12. Willful violation of this Ordinance. 13. Failure to install or maintain Adequate Erosion Control Measures,

Structures, or Devices per the approved Plan and additional measures per Section 9.d such that it results in Sedimentation in a Wetland, Lake or Watercourse, or other designated protected areas.

14. Failure to install or maintain Adequate Erosion Control Measures,

Structures, or Devices per the approved Plan and additional measures per Section 9.d such that it results in off-site Sedimentation.

g. The County Engineer shall have the power 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 the sites of any Land-disturbing Activity. No Person shall refuse entry or access to the County Engineer who requests entry for purpose of inspection or investigation, and who presents appropriate credentials, nor shall any Person obstruct, hamper, or interfere with the County Engineer while in the process of carrying out official duties.

h. The County Engineer shall also have the power to require written statements, or the

filing of reports under oath as a part of investigating Land-disturbing Activity.

i. With regard to the development of any Tract that is subject to this Ordinance, the Code Enforcement Department shall not issue a Certificate of Occupancy where any of the following conditions exist:

1. There is a violation of this Ordinance with respect to the Tract. 2. If there remains due and payable to Mecklenburg County civil penalties that

have been levied against the Person conducting the Land-disturbing Activity for violation(s) of this Ordinance. If a penalty is under appeal, the County Engineer may require the amount of the fine, and any other amount that the Person would be required to pay under this Ordinance if the Person loses the appeal, be placed in a refundable account or surety prior to issuing the Certificate of Occupancy.

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3. The requirements of the Plan have not been completed and the building for which a Certificate of Occupancy is requested is the only building then under construction on the Tract.

4. On the Tract which includes multiple buildings on a single parcel, the

requirements of the Plan have not been completed and the building for which a Certificate of Occupancy is requested is the last building then under construction on the Tract.

5. On a Tract which includes multiple parcels created pursuant to the

applicable subdivision regulations, the requirements of the Plan have not been completed with respect to the parcel for which the Certificate of Occupancy is requested.

(Reference to temporary Certificate of Occupancy deleted)

Section 13. Penalties

a. Any Person who violates any of the provisions of this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance, or who initiates or continues a Land-disturbing Activity for which a Plan is required except in accordance with the terms, conditions, and provisions of an approved Plan, is subject to a civil penalty. A civil penalty may be assessed from the date the violation first 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 12.f of this Ordinance. Refusal to accept the notice or failure to notify the County Engineer of a change of address shall not relieve the violator’s obligation to comply with the Ordinance or to pay such a penalty.

b. The maximum civil penalty for each violation of this Ordinance is $5,000.00. Each

day of continuing violation shall constitute a separate violation. c. The amount of the civil penalty shall be assessed pursuant to the following:

1. Violations involving conducting a Land-disturbing Activity without an approved Plan - Any Person(s) engaged in a Land-disturbing Activity without a required approved Plan and pre-construction conference, or Permit in accordance with this Ordinance, or who initiates, directs or allows a Land-disturbing Activity without a required, approved Plan and pre-construction conference, or Permit shall be subject to a civil penalty of $5,000.00 per day, per violation. The penalty may be decreased based on mitigating circumstances.

2. Violations resulting in Sediment entering a Wetland, Lake or Watercourse

Violations resulting in Sediment entering a Wetland, Lake or Watercourse subjects the violator to a civil penalty of $3,000.00 per day, per violation. The penalty may be increased up to $5,000.00 per day or decreased.

3. Violations resulting in off-site Sedimentation - Violations of this

Ordinance that result in off-site Sedimentation subject the violator to a civil penalty of $1,000.00 per day, per violation. The penalty may be increased up to $5,000.00 per day or decreased. Violations of this type may include, but are not limited to, the following:

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(a.) Conducting Land-disturbing Activities beyond the limits of an existing Permit without approval of an amended Plan and Permit that results in off-site Sedimentation.

(b.) Failure to properly install or maintain Erosion control measures in

accordance with the approved Plan or the Charlotte/Mecklenburg Land Development Standards Manual that results in off-site Sedimentation.

(c.) Failure to retain Sediment from leaving a Land-disturbing Activity

as required by the Ordinance. (d.) Failure to restore off-site areas affected by Sedimentation during

the time limitation established in a Notice of Violation and as prescribed in the “Policies and Procedures” statement.

(e.) Any other violation of this Ordinance that results in off-site

Sedimentation.

4. Violations of this Ordinance not resulting in off-site Sedimentation -Violations of this Ordinance that do not result in off-site Sedimentation subject the violator to a civil penalty of $500.00 per day, per violation. The penalty may be increased up to $5000 per day or decreased. Violations of this type may include, but are not limited to, the following:

(a.) Failure to comply with the Mandatory Standards for Land- Disturbing Activity as specified in Section 8 of this Ordinance, except 8(d) and 8(e).

(b.) Failure to submit to the County Engineer for approval an

acceptable revised Erosion and Sedimentation control Plan after being notified by the County Engineer of the need to do so.

(c.) Failure to maintain Adequate Erosion Control Measures,

Structures, or Devices to confine Sediment. (d.) Failure to follow the provisions on the approved Plan. (e.) Any other action or inaction that constitutes a violation of this

Ordinance that did not result in off-site Sedimentation.

d. In determining the amount of the civil penalty, the County Engineer 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 County Engineer; and the prior record of the violator in complying or failing to comply with this Ordinance or any other erosion and sedimentation control ordinance or law. The County Engineer is authorized to vary the amount of the per diem penalty set out in Section 13.c to take into account any relevant mitigating factors.

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e. Repeat violators may be charged by a multiple of the base penalty determined in Section 13.c of this Ordinance. The penalty for a repeat violator may be doubled for each previous time the Person Responsible for the Violation was notified of a violation of this or any other Soil Erosion and Sediment Control Ordinance or the North Carolina Act. In no case may the penalty exceed the maximum allowed by Section 13.b. (Reference to two-year record deleted)

f. The County Engineer shall determine the amount of the civil penalty and shall notify

the Person who is assessed the civil penalty of the amount of the penalty and the reason for assessing the penalty. The notice of assessment shall be served by any means authorized under G.S. 1A-1, Rule 4 and shall direct the violator to either pay the assessment or contest the assessment as specified in Section 16. If a violator does not pay a civil penalty assessed by the County Engineer within 30 Days after it is due, or does not request a hearing as provided in Section 16, the County Engineer shall request the County Attorney to institute a civil action to recover the amount of the assessment. The civil action shall be brought in Mecklenburg County Superior Court or in any other court of competent jurisdiction.

g. A civil action must be filed within three (3) years of the date the assessment was

due. An assessment that is not contested is due when the violator is served with a notice of assessment. An assessment that is contested is due at the conclusion of the administrative and judicial review of the assessment.

h. Civil penalties collected pursuant to this Ordinance shall be credited to the County's

general fund as non-tax revenue.

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i. Any Person who knowingly or willfully violates any provision of this Ordinance or who knowingly or willfully initiates or continues a Land-disturbing Activity for which an Plan is required, except in accordance with the terms, conditions, and provisions of an approved Plan, shall be guilty of a Class 2 misdemeanor and may be subject to a fine not to exceed Five Thousand Dollars ($5,000). This is in addition to any civil penalties that may be charged. Each day of continuing violation shall constitute a separate violation.

j. A violation of the County Soil Erosion and Sedimentation Control Ordinance that is

not knowing or not willful shall not constitute a misdemeanor or infraction punishable under North Carolina General Statute 14-4, but instead shall be subject to the civil penalties provided in this Ordinance.

Section 14. Injunctive Relief

a. Whenever the County Engineer has reasonable cause to believe that any Person is

violating or threatening to violate this Ordinance or any term, condition, or provision of an approved Plan, the County Engineer may, either before or after the institution of any other action or proceeding authorized by this Ordinance, authorize the County Attorney to institute a civil action in the name of Mecklenburg County, for injunctive relief to restrain the violation or threatened violation. The action shall be brought pursuant to G.S. 153A-123 in Mecklenburg County Superior Court

b. Upon determination by a court that an alleged violation is occurring or is threatened,

the court shall enter such orders or judgements as are necessary to abate the violation or to prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of this Ordinance.

Section 15. Restoration of Areas Affected by Failure to Comply

The County Engineer may require a Person who engaged in any Land-disturbing Activity and failed to retain Sediment generated by the activity to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by Sedimentation. This authority is in addition to any other civil penalty or injunctive relief authorized under this Ordinance.

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Section 16. Appeals

a. Disapproval or Modification of Proposed Plan

1. The disapproval or modification of any proposed Plan by the County

Engineer shall entitle the Person submitting the Plan ("Petitioner") to a public hearing before the Storm Water Advisory Committee ("Committee") if such Person submits written demand for a hearing to the Clerk of the Committee ("Clerk") within 30 Days after receipt of written notice of the disapproval or modification. The demand for a hearing filed with the Clerk shall be accompanied by a filing fee as established by the Storm Water Advisory Committee. The Committee may order the refund of all or any part of the filing fee if it rules in favor of the Petitioner. Failure to timely file such demand and fee shall constitute a waiver of any rights to appeal under this Chapter and the Storm Water Advisory Committee shall have no jurisdiction to hear the appeal.

2. Within 5 Days of receiving the demand for a hearing, the Clerk shall notify

the Chairman of the Committee ("Chairman") of the demand for hearing. As soon as possible after the receipt of said notice, the Chairman shall set a time and place for the hearing and notify the Petitioner by mail of the date, time and place of the hearing. The time specified for the hearing shall be either at the next regularly scheduled meeting of the Committee from the submission of the notice, or as soon thereafter as practical, or at a special meeting. The hearing shall be conducted by the Committee in accordance with the provisions of Section 16.c of this Ordinance.

3. If the Committee upholds the disapproval or modification of a proposed

Plan following the public hearing, the Petitioner shall have 30 Days from the receipt of the decision to appeal the decision to the North Carolina Sedimentation Control Commission pursuant to Title 15, Chapter 4B Section .0018(b) of the North Carolina Administrative Code and G.S. 113A-61(c).

b. Issuance of a Notice of Violation with an Assessment of a Civil Penalty

1. The issuance of a notice of violation with an assessment of a civil penalty

by the County Engineer shall entitle the Person responsible for the violation of the Ordinance ("Petitioner") to a public hearing before the Storm Water Advisory Committee ("Committee") if such Person submits written demand for a hearing to the Clerk of the Committee ("Clerk") within 30 Days of the receipt of the notice of violation, assessment of a civil penalty or order of restoration. The demand for a hearing filed with the Clerk shall be accompanied by a filing fee as established by the Storm Water Advisory Committee. The Committee may order the refund of all or any part of the filing fee if it rules in favor of the Petitioner. Failure to timely file such demand and fee shall constitute a waiver of any rights to appeal under this Ordinance and the Storm Water Advisory Committee shall have no jurisdiction to hear the appeal.

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2. Within 5 Days of receiving the Petitioner's demand for a hearing, the Clerk shall notify the Chairman of the Committee ("Chairman") of the request for hearing. As soon as possible after the receipt of said notice, the Chairman shall set a time and place for the hearing and notify the Petitioner by mail of the date, time and place of the hearing. The time specified for the hearing shall be either at the next regularly scheduled meeting of the Committee from the submission of the notice, or as soon thereafter as practical, or at a special meeting. The hearing shall be conducted pursuant to the provisions of Section 16.c of this Ordinance.

3. Any party aggrieved by the decision of the Committee with regard to the

issuance of a notice of violation, assessment of civil penalties or order of restoration shall have thirty (30) Days from the receipt of the decision of the Committee to file a petition for review in the nature of certiorari in Superior Court with the Clerk of Mecklenburg County Superior Court.

c. Hearing Procedure. The following provisions shall be applicable to any hearing

conducted by the Committee pursuant to Section 16.a or 16.b above.

1. At the hearing, Petitioner and the County Engineer shall have the right to be present and to be heard, to be represented by counsel, and to present evidence through witnesses and competent testimony relevant to the issue(s) before the Committee.

2. Rules of evidence shall not apply to a hearing conducted pursuant to this

Ordinance and the Committee may give probative effect to competent, substantial and material evidence.

3. At least seven (7) Days before the hearing, the parties shall exchange a list

of witnesses intended to be present at the hearing and a copy of any documentary evidence intended to be presented. The parties shall submit a copy of this information to the Clerk. Additional witnesses or documentary evidence may not be presented except upon consent of both parties or upon a majority vote of the Committee.

4. Witnesses shall testify under oath or affirmation to be administered by the

Court Reporter or another duly authorized official.

5. The procedure at the hearing shall be such as to permit and secure a full, fair and orderly hearing and to permit all relevant, competent, substantial and material evidence to be received therein. A full record shall be kept of all evidence taken or offered at such hearing. Both the representative for the County and for the Petitioner shall have the right to cross-examine witnesses.

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6. At the conclusion of the hearing, the Committee shall render its decision on the evidence submitted at such hearing and not otherwise.

(a) If, after considering the evidence presented at the hearing, the

Committee concludes by a preponderance of the evidence that the grounds for the County Engineer's actions (including the amount assessed as a civil penalty) with regard to either disapproving or modifying a proposed Plan, issuing a notice of violation, assessing a civil penalty or ordering restoration are true and substantiated, the Committee shall uphold the action on the part of the County Engineer.

(b) If, after considering the evidence presented at the hearing, the

Committee concludes by a preponderance of the evidence that the grounds for the County Engineer's actions (including the amount assessed as a civil penalty) are not true and substantiated, the Committee shall, as it sees fit either reverse or modify any order, requirement, decision or determination of the County Engineer. The Committee Bylaws will determine the number of concurring votes needed to reverse or modify any order, requirement, decision or determination of the County Engineer. If the Committee finds that the violation has occurred, but that in setting the amount of a penalty the County Engineer has not considered or given appropriate weight to either mitigating or aggravating factors, the Committee shall either decrease or increase the per day civil penalty within the range allowed by this Ordinance.

Any decision of the Committee which modifies the amount of the

civil penalty shall include, as part of the findings of fact and conclusions of law, findings as to which mitigating or aggravating factors exist and the appropriate weight that should have been given to such factors by the County Engineer in setting the amount of the civil penalty levied against the Petitioner.

7. The Committee shall keep minutes of its proceedings, showing the vote of

each member upon each question and the absence or failure of any member to vote. The decision of the Committee shall be based on findings of fact and conclusions of law to support its decision.

8. The Committee shall send a copy of its findings and decision to the

Applicant/Petitioner and the County Engineer. If either party contemplates an appeal to a court of law, the party may request and obtain, at that party’s own cost, a transcript of the proceedings.

9. The decision of the Committee shall constitute a final decision.

Section 17. Severability

If any section or sections of this Ordinance is/are held to be invalid or unenforceable, all other sections shall nevertheless continue in full force and effect.

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Section 18. Effective Date

This Ordinance shall be effective upon adoption.

Section 19. Revisions

Mecklenburg County shall incorporate revisions required by the Commission within 8 months following receipt of the required revisions.

Adopted the 21st day of May, 2002. Approved as to form: ________________________________ ____________________________ County Attorney Clerk to the Board ADOPTED: October 21, l974 AMENDED: March 5, l979 February 27, l986 May 10, 1993 May 21, 2002 June 16, l980 April 21, l987 February 7, 1995 October 7, 2008

April 2, l984 December 7, l987 June 3, 1997 October 7, l985 February 4, 1991 September 6, 2000

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Appendix 3: Mecklenburg County Soil Erosion and Sedimentation Control Ordinance Policies and Procedures (Revised July 17, 2008) & Weekly Inspection

Form

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CITY OF CHARLOTTE & MECKLENBURG COUNTY SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE

Policies and Procedures Adopted by SWAC on July 17, 2008

Note: All Changes in City or County policies or procedures will be presented to the Storm Water Advisory Committee for approval. City and County staff responsible for administering the Soil Erosion and Sedimentation Control Ordinance may deviate from these standard guidelines when justified by existing conditions or circumstances.

Section(s) in Ordinances:

City Section. County Section

17- 3. Definition of Off-site

3 Means area outside of the tract as tract is defined in the ordinance.

17-3(c). Standards for Erosion Control

3(c) Standard erosion control practices are illustrated in the Charlotte Land Development Standards Manual and Mecklenburg County Land Development Standards Manual and the State of North Carolina Erosion and Sediment Control Planning and Design Manual. The more restrictive of State and Local standards is to be used.

17-3(x). Clearing Trees

3(x) Any disturbance of the ground cover is considered clearing, grading or land-disturbing activity, including tree cutting (except as regulated under the Forest Practice Guidelines). Farming exclusions are detailed in Section 18-24, 18-4.

17-3(ee). Contractors' Responsibility for Land-disturbing Activity

3(ee) It is the responsibility of the owner or financially-responsible party to control the sediment on their property. However, there may be cases when penalties are assessed against other parties involved with the land-disturbing activity or a combination of parties involved. For instance, a grading contractor may be penalized for disturbing over an acre of land if an erosion control plan was not approved or a pre-construction conference was not held.

17-4(b) Logging as a Forestry Operation

4(b) If land development plans are initiated within two years of logging, the logging event may be investigated as a possible violation of the Erosion and Sedimentation Control Ordinance.

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17-3(nn) & Single-family Lots

17.31. Consistent with the State of North Carolina’s interpretation, a tract is 3(nn) & anything within the boundaries of a project that is developed or may be 6 developed as a unit regardless of ownership. A subdivision is considered a tract

and therefore would require a plan prior to any lot development.

1. In subdivisions where mass grading occurs and the control measures are installed, financial responsibility and the portion of the approved plan applicable to lot development shall be transferred from the developer to the homebuilder with lot sales.

2. In subdivisions where roads and infrastructure are to be built initially and lots are sold to homebuilders, the developer or the homebuilders must submit and obtain approval of an amended plan or a new plan with the financial responsibility form prior to conducting any Land Disturbing Activity on any lots.

17-32, 17-34. For residential subdivisions, the proposed grades (topographic contours) 7 & 9 and erosion control measures for the building lots must be shown on the first

submitted erosion control plan if the lots have 50 feet or less of street frontage. Proposed grades, sufficient to determine drainage and erosion control measures, also need to be shown at first submittal for lots being graded at the same time as the roads.

Deviation in final grades will be allowed on the lots so long as the drainage

pattern is not changed and the erosion control measures shown on the plan

are adequate. The plan should show phasing of erosion control to

accommodate the different stages of construction. For example, an erosion

control plan may need to be phased to show different erosion control

measures for the rough grading stage, street construction stage, and house

construction stage. Phasing for rough and fine grading is not required on the

erosion control plans when sediment basins can be placed out of the way of

other construction activity and function during all stages of construction. On

2:1 slopes greater than 10 to 12 feet tall, terracing and slope drains may be

required to control storm water runoff. Details for terracing and slope

drains are in the Charlotte-Mecklenburg Land Development Standards

Manual.

At the completion of the grading for the infrastructure, the developer may: 1. Seed the disturbed area, closing the grading permit, and require the

homebuilder to obtain a separate permit(s) for grading the lots,

2. Transfer financial responsibility for the erosion control plan & permit

to the homebuilder pursuant to the City/County Transfer Form, or

3. Retain financial responsibility for the project.

Home Construction Grading: When a homebuilder is either building in a

subdivision that was permitted for infrastructure only or will be disturbing

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an acre or more of land, the homebuilder will be required to submit an

erosion control plan and obtain an erosion control permit if the area to be

disturbed was not shown on the erosion control plan approved for the overall

subdivision. The plan should show lot drainage and the grading/padding of

the lots. While it is the homebuilder’s option to decide how grades on lots are

accomplished, a revised erosion control plan will be required if the grading

significantly changes drainage patterns from the approved erosion control

plan. When the lot grading plan results in significant cut to a fill slope area,

the lot-grading plan must address the drainage changes caused by the

changes in grade.

Multiple Builders: In subdivisions with multiple homebuilders and all the lots were permitted, the developer may transfer financial responsibility for portions of the subdivision to individual homebuilders.

17-32(a). Enhanced Erosion Control Requirement 7(a) Enhanced erosion control measures are to be installed in the

areas identified in Attachment 1. These enhanced measures include: 1. Surface water draw down devices (risers or skimmers) shall be installed in

all sediment basins. Forebays shall be used in conjunction with all sediment basins. Rock forebay embankments may be used in lieu of porous baffles.

2. Polyacrylamides (PAM) shall be used to reduce turbidity and suspended solids whenever a sediment trap, basin, pit, hole or building foundation is being pumped out to remove sediment laden water. PAM is not required when any of the above is being pumped to an approved sediment basin on site. This activity must be inspected and approved by the City of Charlotte/Mecklenburg County erosion control inspector.

3. Double silt fence shall be used along wetlands, streams, lakes or other surface water bodies as well as adjacent to all S.W.I.M. or other Water Quality Buffers. High hazard silt fence with wire backing and washed stone will be installed as determined necessary by the City/County Engineer or field inspector.

4. The amount of uncovered area at any one time shall be limited to no more than 20 acres, unless approved by the County/ City Engineer.

5. A 10-foot undisturbed buffer shall be provided around the outside edge of drainage features such as intermittent and perennial streams, ponds and wetlands. Incidental drainage improvements or repairs will be permitted within the buffer as approved by city/county staff.

6. Installation of temporary ground cover or seeding must be performed within five (5) working days or slope drains installed after fill slopes are brought up in height.

7. Permanent terraces shall be installed on 2:1 or steeper slopes over 19 feet in height to reduce runoff velocity coming down the slopes.

17-31(b) & Initiating Grading Activities before Plan Approval

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17-33(d-e). No land-disturbing activity is to be initiated without a permit when the 6(b) & activity is part of a larger activity for which an approved plan and pre- 8(d-e) construction conference are required. Permits are issued only after (1) a plan has

been approved and the review fee paid, (2) the pre-construction meeting on the property has taken place, and (3) the erosion control devices have been installed and passed inspection.

17-3(bb) & Performance Reservation

17-35(b). When the City or County approves a Plan with Performance 3(bb) Reservation(s), a violation associated with the measure(s) invoking the 10(b) Performance Reservation may result in an immediate civil penalty and/or cause a

penalty assessment to be increased to the maximum allowable amount.

17-33(a). Required Measures for Wetland Protection

8(a) Erosion control measures shall not be located in wetlands. The following erosion control measures shall be applied to protect wetlands:

1. All slopes to wetlands shall be terraced as illustrated in the Charlotte-

Mecklenburg Land Development Standards Manual or per alternative design approved by City/County Engineer;

2. Sediment basins storage volume shall be sized for the drainage area, not

just the disturbed area, unless off site water will passed through or around the site in some manner so as it remains free of sediment;

3. All silt fences adjacent to a wetland shall be placed with wire backing and

washed stone on the toe of the fence. 4. Orange tree protection fence shall be required at the limits of all wetlands

within 100 feet of disturbed areas that are within the tract.

17-33(a). Additional Measures for Wetland Protection

8(a) The following erosion control measures may be required to provide the necessary additional protection to the wetlands: 1. A 10’ undisturbed buffer may be required at the edge of a wetland; 2. Temporary seeding may be required below any terrace as fill slopes are

brought up in height; 3. Sediment basins may be designed for the 25-year storm rather than the 10-

year storm. At a minimum, basin surface area shall be sized per the NC Sediment Control Planning and Design Manual Sec. 6.6 (A = 0.01q where A = surface area in a sediment basin and q = peak inflow in cfs).

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4. Silt fence baffles, chemical flocculants, or other techniques as approved by the City/County Engineer may be utilized.

5. A double row of silt fence may be required.

17-33(e) & NPDES Permits

17-35(a.4). When applicable, the City or County inspector will issue the ‘NPDES 8(e) & Storm Water Discharge Permit for Construction Activities to the 10(a.4) representative of the financially-responsible party at the pre-construction

conference. The representative of the financially-responsible party shall sign for receipt of the NPDES permit.

17-33(f). Monitoring Reports

8(f) The inspection reports shall be consistent with the NPDES format or comparable reporting format.

17-33(f). Person Doing Monitoring

8(f) The financially-responsible party must assign a certified and technically competent, knowledgeable person to keep the self-inspection log and identify this individual at the pre-construction meeting. The record shall be maintained by an individual that has obtained and maintained in good standing an approved certification by the City/County Engineer. The City/County will offer appropriate training and certification courses. Charlotte-Mecklenburg Certified Site Inspectors (CMCSI), Certified Professional in Erosion and Sediment Control (CPESC), and licensed design professionals are recognized as approved certifications.

17-33(f.1). On-site Plans and Inspection Log

8(f.1) A contractor, builder, or financially-responsible party who does not have a field office may have his or her approved erosion control plan and self-

inspection log in a vehicle, on-site, or on their person. The log book must be provided to the City/County Engineer within 24 hours of request.

17-34(d). Additional Measures

9(d) The inspector shall document in writing all additional measures that are required and communicate the need for these additional measures to the financially-responsible party either orally or in writing. A copy of these requirements shall be available to the financially-responsible party or given to the financially-responsible party and field supervisor.

17-34(e). Maximum Non-Erosive Velocity

9(e) Persons shall design and conduct land-disturbing activity so that the post construction velocity of the 10-year storm runoff in the receiving watercourse to the discharge point does not exceed the greater of:

1. The velocity established by the table below; or

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2. The velocity of the 10-year storm runoff in the receiving watercourse prior

to development. If conditions (1) or (2) of this paragraph cannot be met, then the receiving

watercourse to and including the discharge point shall be designed and constructed to withstand the expected velocity anywhere the velocity exceeds the "prior to development" velocity by 10%.

Maximum permissible velocities

Material F.P.S. M.P.S.

(feet per sec.) (meters per sec.) Fine sand (noncolloidal) 2.5 .8 Sandy loam (noncolloidal) 2.5 .8 Silt loam (noncolloidal) 3.0 .9 Ordinary firm loam 3.5 1.1 Fine gravel 5.0 1.5 Stiff clay (very colloidal) 5.0 1.5 Graded, loam to cobbles (noncolloidal) 5.0 1.5 Graded, silt to cobbles (colloidal) 5.5 1.7 Alluvial silts (noncolloidal) 3.5 1.1 Alluvial silts (colloidal) 5.0 1.5 Coarse gravel (noncolloidal) 6.0 1.8 Cobbles and shingles 5.5 1.7 Shales and hard pans 6.0 1.8

For Mecklenburg County, 3.5 fps is typically the maximum permissible velocity

when the soil material is unknown or not listed. * This is currently under committee review and is subject to change.

Source - Adapted from recommendations by Special Committee on Irrigation Research, American Society of Civil Engineers, 1926, for channels with straight alignment. For sinuous channels, multiply allowable velocity by 0.95 for slightly sinuous, by 0.9 for moderately sinuous channels, and by 0.8 for highly sinuous channels.

17-34(f). Waste, Borrow and Fill Areas in Other Jurisdictions

9(f) Waste, borrow or fill areas located outside the City or County may require a grading permit from the appropriate agency.

17-35. Annexation and Expanding ETJs

10 In the case of annexation or expanding extra-territorial jurisdiction (ETJ), the plan approved by the County, or other authority prior to annexation or ETJ expansion, will remain the approved plan.

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17-35(a.4) & Environmental Permit Contacts

17-35(a.6). Plans and environmental documents required for erosion and sediment 10(a.4) & control plan approval may include, but are not limited to, the following: 10(a.6)

• Floodplain Development Permit Contact: Melonee Brock

Mecklenburg County Water & Land Resources (704) 336-3728

• Wetlands 404 Nationwide Permit Contact: Amanda Jones U.S. Army Corps of Engineer (828) 271-7980 x231 [email protected]

• Wetlands 401 State Certification Contact: Alan Johnson NCDENR (704) 663-1699

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17-35(c). Expanding the Allowed Limits of Disturbance

10(c) Before conducting a land-disturbing activity beyond what is permitted on an approved plan, a revised plan may be required. It is not the intent to require revised plans for minor deviations from the approved plan. To be considered a minor deviation, drainage patterns and protected areas, such as wetlands, buffers or tree protection areas, must not be impacted and must be approved by the field inspector before commencing activity. All minor deviations must be approved by the City/County Erosion Control Inspector.

When a permit is required for additional areas, only the additional area covered by

an application for an amendment shall not be uncovered until permitted. Work may continue on the already permitted area, which is not affected by the amendment.

17-35 (b) & Expiration of Plan or Permit

17-36. A permit is void: 10(b) & 1. One year after a plan is approved, but not paid for; 11 2. Three years after a plan is approved and paid for, but no activity has occurred;

17-66(c). Deadline for Compliance

12(c) Violations of the nature described in Section 17-66 (f) of the City ordinance, or Section 12(f) of the County ordinance, are subject to an immediate penalty and no deadline for compliance need be given.

For all other violations, the notice of violation (NOV) will identify the nature of

the violation and set forth the measures necessary to achieve compliance and typically allow three (3) working days to correct the violations prior to the responsible party receiving a continuing notice of violation (CNOV). On individual single-family lots, typically two (2) working days will be given to correct violations prior to receiving a CNOV.

The issuance of a continuing notice of violation (CNOV) means the responsible party can expect a fine. It is the violator’s responsibility to notify the inspector when the violation has been corrected. Violation compliance times and penalties assessed may be adjusted up or down by the City/County Engineer depending on: 1. The amount of work to be done, 2. The violation history of the responsible party, 3. The severity of the violation, 4. The responsiveness of the violator, and 5. The method of notification.

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17-66(e). Determining 10-Year Storm Events

12(e). If there is a dispute about whether a storm was a ten-year event, data from USGS and other area sources may be used to determine the storm intensity in the vicinity of the project location.

17-66(i). Stabilization at Project Final

12(i) For the purposes of a Certificate of Occupancy or subdivision final, seed and mulch are to be placed per approved plan, but grass need not be up. When individual structures are a part of a larger parcel, Certificates of Occupancy will be issued to each structure individually with the last certificate requiring site stabilization and the completion of storm water detention, if required by the approved plan. Even after the Certificate of Occupancy is issued, sedimentation must be controlled. Temporary erosion and sedimentation measures may be reduced, but not removed, until permanent ground cover has been established. Grass must be up an inch and ruts reseeded before measures may be removed.

17-69. Restoration of Damaged Property

15 Restoration may be required where there is no clear reason for failure of particular approved erosion control measures. In such cases the City or County may or may not issue a notice of violation for non-maintenance or failure of the measure. Failure to comply with the restoration order may result in the issuance of a Notice of Violation. In determining the degree of restoration, consideration will be given to whether restoration will: 1. Cause further damage to wildlife habitats on site and downstream; 2. Cause flooding or change in any way to the watercourse; 3. The willingness of the affected property owner to have the restoration

done.

In the event that restoration is not completed within the time frame required, the City or County may require a bond as surety. The value of the bond shall be determined by an acceptable, independent restoration specialist and approved by the City or County. The value of the bond may take into consideration the cost of restoration, damage to wildlife habitat and potential administrative and legal expenses. The City or County may require construction to cease and/or hold certificates of occupancy until the surety is in place.

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17-31(d) & Pre-evaluation for Pond or Lake Restoration

17-69. With requisite approval an upstream developer will be required to have 6(d) & depth measurements and turbidity readings taken throughout the first pond 15 or cove within 2500 feet of the project site. Recorded results are to be submitted

to the City or County Engineer prior to preconstruction meeting. This data shall be collected by a Registered Land Surveyor or person with adequate experience, using methods generally accepted in the industry as being accurate and reliable. Should signs of sedimentation in the pond or cove occur during the project construction, data will be collected post construction. If analysis of the data indicates an unacceptable accumulation of sediment beyond natural sedimentation, the financial responsible party may be required to restore the pond to its predevelopment depth.

17-35(a.4) & Stream Impacts

17-69. Stream impacts will be reported to the NCDENR Department of Water 10(a.4) & Quality for permits for restoration/mitigation if damage exceeds 150’of 15 channel impacted. If damage exceeds permitted stream impacts or one-tenth of an

acre of wetlands, the impacts will be reported to the US Army Corps of Engineers. Stream and wetland restorations may require restoration by stream and wetland professionals, and monitoring for some period of time thereafter.

17-67 & Negotiation in Lieu of Appeals

17-70. City and County Engineering staff may negotiate a change in penalty from 13 & 16 the time an assessment notice is delivered to the date of an appeal hearing. The

appeal hearing may be canceled if the City or County and the financially-responsible party agree to a settlement.

July 2008

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Irwin Creek

Long Creek

Sugar Creek

McDowell Creek

Little Sugar Creek

Rocky River

McKee Creek

Goose Cr eek

Clarke Creek

Sixmile Creek

McAlpine Creek

North F

ork

Crooked C

reek

Attachment 1: Enhanced Erosion Control Requirement Areas

Critical Watershed Districts for Lake Norman, Mt. Island, and Lake Wylie

Protected Watershed districts for Lake Norman, Mt. Island, and Lake Wylie

Goose Creek Watershed AreaMcDowell Watershed Area

303(d) listed streams, including land within 500' of the stream

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City of Charlotte/Mecklenburg County - Land Development Services

Soil Erosion and Sedimentation Control Ordinance - Weekly Inspection Log

Project Name: Monitoring for the Week Beginning:

RAINFALL:

Date of Rain Amount (Inches) Initials

EROSION AND SEDIMENTATION CONTROL FACILITIES INSPECTED: (At least once [twice, if on 303(d) listed stream for construction related parameters*] per seven calendar days or within 24 hours of a rainfall of 0.5 inches per 24 hours).

Facility Identification Date of Inspection Operating Properly (Y/N) Describe corrective actions taken (may need to attach additional information)

OBSERVATIONS OF RUNOFF AT STORMWATER DISCHARGE OUTFALLS: (At least once [twice, if on 303(d) listed stream for construction related parameters*] per seven calendar days or within 24 hours of a rainfall of 0.5 inches per 24 hours).

Storm water

Discharge

Outfall

Identification

Date Clarity Floating

Solids

Suspended

Solids

Oil

Sheen

Other obvious

indicators of

storm water pollution (list &

describe)

Visible

sediment

leaving

the site?

(Y/N)

If yes, describe actions

taken to prevent

future releases (may need to attach

additional information)

Describe measures

taken to clean up

sediment outside of

the disturbed limits

(may need to attach additional information)

Clarity: Choose the number, which best describes the clarity of the discharge where 1 is clear and 10 is very cloudy. Floating Solids: Choose the number which best describes the amount of floating solids in the discharge where 1 is no solids and 10 the surface is covered in floating solids Suspended Solids: Choose the number which best describes the amount of suspended solids in the discharge where 1 is no solids and 10 is extremely muddy Oil Sheen: Is there oil sheen in the storm water discharge? Y or N *303(d) listed streams for construction related parameters – The latest approved list may be obtained from the Division of Water Quality, or from the following website location: http://h2o.enr.state.nc.us/su/construction303d.

By this signature, I certify (in accordance with Part II, Section B, 10 of the NCG010000 permit) that this report is accurate and complete to the best of my knowledge:

(Signature of Permittee or Designee)

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Appendix 4: Inspection Area Assignments

73

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Appendix 5: Financial Responsibility/Ownership Form

Form Revised 3-3-08 75

Mecklenburg County Soil Erosion and Sedimentation

Control Ordinance Financial Responsibility/Ownership Form

No person shall initiate any land-disturbing activity covered by Section 6 of the Mecklenburg County, Mint Hill or Davidson Sedimentation and Erosion Control Ordinances prior to completing and filing this form with Mecklenburg County Land Use and Environmental Services. The financially responsible party will be on record as the party to accept any Notices of Violation or related documents for any non-compliance with the above Ordinances. If the financially responsible party is out of State, a North Carolina agent must be assigned.

Please Type or Pint

PART A

1. Project where land-disturbing activity is to be undertaken:

2. Address of land-disturbing activity:

3. Approximate date land-disturbing activity will commence: Month Day Year

4. Purpose of development (Residential, Commercial, Industrial, etc.):

5. Approximate acreage of land to be disturbed or uncovered:

6. Total site acreage:

7. Landowners of record (use blank pages to list additional owners as necessary):

Owner #1 Name:

Address:

Telephone: Fax:

Email Address:

Owner #2 Name:

Address:

Telephone: Fax:

Email Address:

8. Indicate Book and Page where the deed or instrument is filed (use blank pages to list

additional deeds or instruments as necessary):

Book Page Book Page

Book Page Book Page

(continue on back or separate page as necessary)

Continue - Financial Responsibility/Ownership Form

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PART B

1. Person(s) or firm(s) financially responsible for this land-disturbing activity:

Person or Firm:

Address:

Telephone: Fax:

Email Address:

2. North Carolina agent for the person or firm who is financially responsible:

Person or Firm:

Address:

Telephone: Fax:

Email Address:

3. The above information is true and correct to the best of my knowledge and belief and was

provided by me while under oath. (This form must be signed by the financially responsible

person if an individual or by an officer, director, partner, attorney-in-fact, or other person

with authority to execute instruments for the financially responsible company or entity, if not

an individual.)

Printed Name Title

Signature Date

I, , a Notary Public of the

County of , State of , hereby

certify that personally appeared

before me this day and under oath acknowledged that this form was executed by him/her.

Witness my hand and notarial seal, this day of , 20 .

Notary Signature:

My Commission expires:

Mecklenburg County Land Use and Environmental Services 700 N. Tryon Street Suite 205

Charlotte, NC 28202-2236 (704) 336-5500

FAX (704) 336-4391

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Appendix 6: Plan Approval and NPDES Notification Letter

PEOPLE ● PRIDE ● PROGRESS ● PARTNERSHIP 700 N. Tryon Street ● Suite 205 ● Charlotte, NC 28202-2236 ● (704) 336-5500 ● FAX (704) 336-4391

www.co.mecklenburg.nc.us/coenv

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MECKLENBURG COUNTY

Land Use and Environmental Services Agency

Insert Date

Insert Address Subject Property: : Insert Salutation An erosion control plan has been approved for the subject property. You must contact Insert Inspectors Name, Water Quality Inspector, at Insert Phone # to arrange a pre-construction conference before beginning any land-disturbing activities on this site. A grading permit will be issued after all soil erosion and sedimentation control measures have been properly installed and approved by the inspector. Title 15A NCAC 4B.0118 (a) requires that a copy of the approved erosion control plan be on file at the job site. Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may also to this land-disturbing activity. This approval does not supersede any other permit or approval. With this notice of plan approval, we are also issuing you the enclosed NPDES General Storm Water Permit NCG010000. The NPDES Permit covers all construction-related activities which disturb five or more acres (one or more after March 10, 2003), and is administered by the North Carolina Division of Water Quality (DWQ). The NPDES Permit has additional requirements beyond those of the approved erosion control plan and the Mecklenburg County Soil Erosion & Sedimentation Control Ordinance. Those requirements include but are not limited to the following: • Inspection and monitoring of all soil erosion and sedimentation control measures by the

permittee at least once every seven calendar days and within 24 hours after storm events. • Maintenance of an on-site rain gauge. • Maintenance of an on-site logbook including records of self-inspection & monitoring,

maintenance activities, and daily rainfall totals. Please be advised that violations of the approved erosion control plan also constitute violations of the NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per day if the violation is of a continuing nature, may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit required by G.S. 143-215.1.

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Any site within Mecklenburg County, which is subject to the requirements of NCG010000, may be inspected by Mecklenburg County Water Quality staff as part of a working agreement between Mecklenburg County and DWQ. Also, please be aware that the approval of this plan does not supersede any other applicable local, State or Federal laws. Please be aware that the Water Quality Program Inspector indicated above must be contacted and an on-site pre-construction meeting scheduled at a minimum of one (1) week prior to starting construction of any best management practice (BMP) for compliance with post-construction ordinance requirements. Sincerely, Insert Plan Reviewer's Name cc. Michael Burkhard and Insert Inspectors Name, Mecklenburg County Water Quality

Program

Enclosure

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Appendix 7: Erosion Control Inspection Forms

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INITIAL INSPECTION FORM

Date:

Time on Site:

Project Name:

Jurisdiction:

Inspector(s):

1. Name:

2. Name:

Weather / Soil Conditions:

(If not checked, the inspection item is not applicable to the inspection conducted)

Y N Inspection Items

1. Review of aerials photos on POLARIS complete?

Comments:

2. Ponds, wetlands or surface waters of concern located downstream?

Comments:

3. Other concerns warranting additional protective measures?

Comments:

4. Stream delineation verified?

Comments:

5. Surface water buffers confirmed?

Comments:

6. Plan accurately depicts all regulated streams, wetlands, and other surface

waters?

Comments:

7. Plan accurately depicts all undisturbed open space?

Comments:

8. Discrepancies on plan?

Comments:

9. Plan modifications required?

Comments:

10. Plan modifications discussed with Land Development Plan Reviewer?

Comments:

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PRE-CONSTRUCTION MEETING DOCUMENTATION FORM

Date:

Time on Site:

Project Name:

Jurisdiction:

Inspector(s):

1. Name:

2. Name:


Individuals attending:

Name Title Phone Number / Nextel

1.

2.

3.

4.

Self Inspector(s) for Job:

Name Title Phone Number / Nextel

1.

2.

General Pre-Construction Comments:

Attach to this form a copy of the completed “Pre-Construction Meeting Inspector Notes/

Checklist.”

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ISSUANCE OF GRADING PERMIT

Date:

Time on Site:

Project Name:

Jurisdiction:

Inspector(s):

1. Name:

2. Name:

Contact Name(s):




1. All sediment and erosion control measures installed in compliance with

approved plan?

Comments:

2. Ponds, wetlands and other surface waters of concern adequately delineated

and protected?

Comments:

3. Surface water buffers and other sensitive areas adequately delineated and

protected?

Comments:

4. Undisturbed open space adequately delineated and protected?

Comments:

5. Grading permit issued?

Permit Number:

Comments:

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GENERAL EROSION CONTROL INSPECTION FORM

Date:

Time on Site:

Project Name:

Jurisdiction:

Inspector(s):

1. Name:

2. Name:


Is this site currently under an NOV or NOVP? Yes No



1. Gravel construction entrance installed & working properly?

Comments:

2. Sediment Basins working properly?

• Riser basin

• Skimmer basin

• Temporary sediment trap

• Baffles

Comments:

3. Outfall of basin protected to clearing limits or silt fence?

Comments:

4. Inlet protection installed & working properly?

Comments:

5. Diversion ditches installed & working properly?

Comments:

6. Check dams installed & working properly?

Comments:

7. Silt fences installed & working properly?

Comments:

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8. Slope drains installed & working properly?

Comments:

9. Ground cover established sufficient to prevent erosion?

• Permanent groundcover established within 21 calendar days following

completion of construction or development?

• Temporary groundcover established for any area of the site that is inactive

for a period of 21 calendar days or longer?

Comments:

10. NPDES compliance:

• Self inspections and log books?

• General WQ?

Comments:

11. Concrete clean outs?

Comments:

12. Mud on the streets?

Comments:

13. Graded slopes and/or fills completed?

• Angle adequate to prevent erosion?

• Groundcover applied to all exposed areas of slopes within 21 calendar

days upon completion of any phase of grading?

Comments:

14. Has sedimentation damage occurred since the last inspection?

If yes, where (check all that apply):

• Lake/natural water course on the tract.

• Lake/natural water course off the tract.

• Other property

Degree of damage: Slight Moderate Severe

Describe damage:

15. Exceeded approved limits of grading permit?

Comments:

16. Is this site in compliance with the ordinance?

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17. Is this site in a condition that warrants an NOV?

18. NOV Issued?

• Field NOV

• CNOV

• NOVP

Comments:

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CREEK CROSSING INSPECTION FORM

Date:

Time on Site:

Project Name:

Jurisdiction:

Inspector(s):

1. Name:

2. Name:




1. Creek crossing inspection?

Comments:

2. Pre-Construction meeting?

Comments:

3. Individuals at pre-construction meeting:

1. Name:

Role:

Phone #:

2. Name:

Role:

Phone #:

3. Name:

Role:

Phone #:

4. 401 & 404 permits in place?

Comments:

5. Linear footage of permitted impact?

Comments:


6. Approved plans for installation and headwall construction on site?

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Comments:

7. Type of crossing:

Bottomless culvert: #:

Single barrel: #:

Double barrel: #:

Mickey Mouse: #:

Bridge: #:

Utilities: #:

Others: #:

Comments:

8. Are temporary crossing permitted?

Comments:

9. Are upstream coffer dams permitted?

Comments:

10. Are downstream check dams permitted?

Comments:

11. Weather conditions, 3 days of clear weather predicted?

Comments:

12. Pump around?

Comments:

13. Bypass?

Comments:

14. Dewatering of the footings discussed?

Comments:

15. Materials for creek crossing on site?

Comments:

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NOV- COMPLIANCE INSPECTION FORM

Date:

Time on Site:

Project Name:

Jurisdiction:

Inspector(s):

1. Name:

2. Name:


Date NOV Issued:

Have all violations been corrected per the NOV? Y N NA

Comments:

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PHONE CALL DOCUMENTATION

Date:

Project Name:

Jurisdiction:

Inspector(s):

1. Name:

2. Name:


Time of Phone Conversation:

Parties Involved:

Comments:

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FINAL INSPECTION FORM

Date:

Time on Site:

Project Name:

Jurisdiction:

Inspector(s):

1. Name:

2. Name:


Individual walking site with inspector

Name:

Title:

Phone Number / Nextel:

Site built out and permanently stabilized?

Y N NA

Comments:

Basins removed and outfalls stabilized per plans?

Y N NA

Comments:

Silt fences removed and area stabilized?

Y N NA

Comments:

Inlet protection removed and the storm drain system flushed of sediment?

Y N NA

Comments:

BMP installation, buffers, open space and other post-construction ordinance requirements

met.

Y N NA

Comments:

General Close Out Comments:

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MISCELLANEOUS DOCUMENTATION

Date:

Project Name:

Jurisdiction:

Inspector(s):

1. Name:

2. Name:


Comments:

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Appendix 8: Pre-Construction Meeting Contractor Notes

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Mecklenburg County

Pre-Construction Meeting Contractor Notes

Mecklenburg County Water Quality Program

700 North Tryon Street, Suite 205 Charlotte, North Carolina 28202-2236

Telephone: 704/336-5500 Fax: 704/336-4391

1. Grading (any Land Disturbing Activity): Grading or land disturbing activity is any type

of activity that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. Cutting, clearing, and stumping trees are considered disturbing activities. Land disturbing activity includes harvesting timber when conducted for any purpose other than tree farming where trees will be replaced with trees.

2. Grading Limits: Grading beyond the limits shown on the Mecklenburg County approved plan constitutes a violation of up to $5,000 for grading without a grading permit. All right-of-ways and sewer easements must be included in the grading limits.

3. Borrow/Fill Areas: a. If a contractor borrows material from another site for a fill operation, he/she must add

that denuded area to the denuded area of his/her grading permit unless the material is from a permitted site.

b. If the contractor solicits a property owner to use his property to dispose of material, the area disturbed must be added to the contractor’s plan and grading permit. Failure to disclose waste or borrow areas are considered grading beyond the limits of the grading permit and subject to penalties of up to $5,000 per day for grading without a permit.

c. If a property owner solicits the contractor to place material on his/her property, it is the property owner’s responsibility to obtain the necessary permits for the grading activity. The contractor should inform the property owner of his/her obligation.

4. Erosion Control Measures: All erosion control measures must be in-place as per the approved plan or as discussed in the pre-construction meeting prior to beginning grading activity. When installing the approved erosion control measures, only the minimal amount of land disturbance necessary is allowed.

5. Sediment Basins: When a sediment basin is required, it is to have a clean out stake placed at the lowest point that indicates 50% of the basins capacity. If the plan notes a sediment basin that is to become a detention basin, either the outlet pipe is to be installed and protected prior to grading or a temporary weir may be used until the pipe is installed. Weirs are to be sized if a check dam is used. All sediment basin berms are to be seeded and silt fence installed below the basin.

6. Grading and Erosion Control in Subdivisions: a. Sedimentation basins must remain in place in all subdivisions until areas draining to

them have been stabilized. b. Homebuilders are required to submit a grading plan if lots totaling one (1) acre

throughout a particular subdivision are cleared. If the entire subdivision has been

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cleared and graded by the developer and not stabilized at the time of the sale of lots to the builder, the responsibility for erosion control remains on the developer unless he transfers the financial responsibility for the sold lots to the builder. An additional pre-construction meeting is recommended prior to home construction between the homebuilder, the developer and the County inspector.

c. Individual lots will require additional erosion control measures as directed by the plan, inspector or erosion control coordinator.

7. Stabilization: Erosion control measures must remain in place until all disturbed surfaces are stabilized. Stabilization includes stone, seed and mulch and impervious areas. Measures should remain in place until grass or other vegetative cover is established. Pit (pea) gravel is not considered acceptable stabilization. Typically, stabilization of a site completes a grading permit. All catch basins and drop inlets require protection until the site is stabilized.

8. Log Books/Self Inspection: The person conducting the land disturbing activity will be responsible for self inspection of erosion and sedimentation control measures at least once every 7 days or within 24 hours of a storm event of greater than 0.5 inches of rain in a 24 hour period. An erosion control maintenance log book must be kept for all sites greater than one (1) acre are. This log book is to show that a weekly inspection has been conducted and also that all erosion control measures have been inspected after rain events equal to or greater than 0.5 inches. The log book must be made available to the County inspector upon request and it is recommended that it remain on site at all times. Visible sedimentation found offsite must be recorded with a brief explanation as to the measures taken to prevent further releases and any measures taken to clean up the offsite sedimentation.

9. Tree Protection: Tree protection measures are required on sites as shown on the approved grading and erosion control plans. The tree protection fence is to be installed prior to any disturbance, and should remain in place until the end of the project or until removal is permitted by an urban forestry inspection.

10. Subcontractors: Should any subcontractor (including all underground utility installation crews) damage or remove any required erosion control devices, the financially responsible party and/or the subcontractor for the project could be cited with a Notice of Violation subject to civil penalties. The financially responsible party is also responsible for ensuring installation of any additional erosion control measures that would be necessary to prevent offsite sedimentation during a subcontractors’ work. A meeting between the utility contractor and the erosion control coordinator prior to beginning work is recommended for all stream crossings and work near streams to prevent in-stream violations.

If you have questions about the acceptance procedure, contact Rusty Rozzelle (704/336-5449), Mecklenburg County Water Quality Program Manager.

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Appendix 9: Pre-Construction Meeting Inspection Notes/Checklist

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PRE-CONSTRUCTION MEETING INSPECTOR NOTES/CHECKLIST

Name of Project: _____________________________________________________________________ Location: ___________________________________________________________________________ Water Quality Inspector: _______________________________________________________________ Land Development Inspector: ___________________________________________________________ Date of Pre-Construction Meeting: _______________________________________________________ Any other inspector/planner involved in pre-construction meeting: ___________________________________________________________________________________ ___________________________________________________________________________________ _______ Copy of approved plan on file, including Financial Responsibility Form _______ Copy of approved plan is in vehicle with inspector _______ Give representative in field an approved copy of plans _______ Exchange phone numbers _______ Verify information regarding total acreage and disturbed area _______ Verify financial responsible party _______ If over 1 acre, explain NPDES permit requirement and give copy of permit to representative _______ Explain self-monitoring process and offer copy of form _______ Explain transfer of financial responsibility _______ Give representative a copy of “Pre-Construction Meeting Notes” and explain ___________________________________________ Name and phone number of “Self Inspector” Additional Notes: ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________

(Use back of form if necessary)

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Appendix 10: Cover Sheet and NPDES Storm Water Permit for Construction Activities

99

100

101

STATE OF NORTH CAROLINA

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

DIVISION OF WATER QUALITY

GENERAL PERMIT

TO DISCHARGE STORMWATER UNDER THE

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by North Carolina Environmental Management Commission and the Federal Water Pollution Control Act as amended, ______________________________________________________________________________ All owners or operators of stormwater point source discharges associated with construction activities including clearing, grading and excavation activities resulting in the disturbance of land are hereby authorized to discharge stormwater to the surface waters of North Carolina or to a separate storm sewer system conveying stormwater to the surface waters. The General Permit shall become effective on October 1, 2001. The General Permit shall expire at midnight on September 30, 2006. Signed this day October 1, 2001.

Original signed by Gregory J. Thorpe

Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality By the Authority of the Environmental Management Commission

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PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater which has been adequately treated and managed in accordance with an approved Erosion and Sedimentation Control Plan by the North Carolina Division of Land Resources, Land Quality Section, or a delegated local program under the provisions and requirements of North Carolina General Statute 113A - 54.1 to the surface waters of North Carolina or to a separate storm sewer system. All discharges shall be in accordance with the attached schedules as follows: Part I: Monitoring, Controls, and Limitations for Permitted Discharges Part II: Standard Conditions Any other point source discharge to surface waters of the state is prohibited unless covered by another permit, authorization or approval. The discharges allowed by this General Permit shall not cause or contribute to violations of Water Quality Standards. Discharges allowed by this permit must meet applicable wetland standards as outlined in 15A NCAC 2B .0230 and .0231 and water quality certification requirements as outlined in 15A NCAC 2H .0500. 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 decree.

General Permit Coverage

This General Permit is applicable to point source discharges from construction activities disturbing five acres of land prior to March 10, 2003. As of March 10, 2003, this permit will be applicable to point source discharges of stormwater from construction activities disturbing one or more acres of land. The submission of a proposed Erosion and Sedimentation Control Plan to the Division of Land Resources or delegated local program shall be considered to take the place of a Notice of Intent for coverage under this General Permit for those projects requiring this Permit coverage. Coverage under this General Permit shall become effective upon issuance of an approval for the Erosion and Sedimentation Control Plan by the Land Quality Section of the Division of Land Resources or delegated local program. Prior to the commencement of construction and land disturbing activities approval of the Erosion and Sedimentation Control Plan shall be obtained. Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual permit should be made at least 180 days prior to the time the permit is needed . This General Permit does not cover activities or discharges covered by an individual NPDES permit until the individual permit has expired or has been rescinded. Any person conducting an activity covered by an individual permit but which could be covered by this General Permit may request that the individual permit be rescinded and coverage under this General Permit be provided.

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PART I

MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES

SECTION A: FINAL LIMITATIONS AND CONTROLS FOR STORMWATER

DISCHARGES During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater associated with construction activity. Such discharges shall be controlled, limited and monitored as specified below. 1. Prior to the commencement of construction, the permittee shall submit for approval a

Erosion and Sedimentation Control Plan (plan) to the Department of Environment, and Natural Resources, Division of Land Resources, Land Quality Section, (or an approved local program) pursuant to the requirements of NC G.S. 113A-54.1 and in conformity with rules adopted by the North Carolina Sedimentation Control Commission.

2. The Permittee shall implement the plan, which has been approved by the approval

authority. The approved plan is considered a requirement or condition of this general permit. Deviation from the approved plan, or approved amendment to the plan, shall constitute a violation of the terms and conditions of this general permit except that deviation from the approved plan will be allowed (1) to correct an emergency situation where sediments are being discharged off the site or (2) when minor modifications have been made for the purpose of improving the performance of the erosion and sedimentation control measures and notification of the minor modification has been made to the Division of Land Resources (or approved local program). Such a deviation from the approved plan shall be noted on the approved plan maintained at the job site. During active construction, a copy of the approved plan shall be maintained on the site.

3. Equipment utilized during the construction activity on a site must be operated and

maintained in such a manner as to prevent the potential or actual pollution of the surface or ground waters of the state. Fuels, lubricants, coolants, and hydraulic fluids, or any other petroleum products, shall not be discharged onto the ground or into surface waters. Spent fluids shall be disposed of in a manner so as not to enter the waters, surface or ground, of the state and in accordance with applicable state and federal disposal regulations. Any spilled fluids shall be cleaned up to the extent practicable and disposed of in a manner so as not to allow their entry into the waters, surface or ground, of the state.

4. Herbicide, pesticide, and fertilizer usage during the construction activity shall be

consistent with the Federal Insecticide, Fungicide, and Rodenticide Act and shall be in accordance with label restrictions.

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5. All wastes composed of building materials shall be disposed of in accordance with North Carolina General Statutes, Chapter 130A, Article 9 - Solid Waste Management, and rules governing the disposal of solid waste (North Carolina Administrative Code Section 15A NCAC 13B).

6. The Permittee shall control the management and disposal of litter and sanitary waste from

the site such that no adverse impacts to water quality occur.

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SECTION B: MINIMUM MONITORING AND REPORTING REQUIREMENTS Minimum monitoring and reporting requirements are as follows unless otherwise approved in writing by the Director of the Division of Water Quality. 1. All erosion and sedimentation control facilities shall be inspected by or under the

direction of the permittee at least once every seven calendar days (at least twice every seven days for those facilities discharging to waters of the State listed on the latest EPA approved 303(d) list for construction related indicators of impairment such as turbidity or sedimentation**) and within 24 hours after any storm event of greater that 0.5 inches of rain per 24 hour period. A rain gauge shall be maintained on the site and a record of the rainfall amounts and dates shall be kept by the permittee.

(** The latest approved list may be obtained from the Division of Water Quality, or from the following website location: http://h2o.enr.state.nc.us/su/construction303d)

2. Once land disturbance has begun on the site, stormwater runoff discharges shall be

inspected by observation for stormwater discharge characteristics as defined below at the frequency in #1 above to evaluate the effectiveness of the pollution control facilities or practices. If any visible sedimentation is leaving the disturbed limits of the site, corrective action shall be taken immediately to control the discharge of sediments outside the disturbed limits.

Stormwater Discharge Characteristics

Monitoring

Type1

Monitoring

Location2

Clarity SDO

Floating Solids SDO

Suspended Solids SDO

Oil Sheen SDO

Other obvious indicators of stormwater pollution

SDO

Footnotes: 1 Monitoring Type: The monitoring requires a qualitative observation of each

stormwater outfall. No analytical testing or sampling is required. 2 Sample Location: Stormwater Discharge Outfall (SDO)

3. The operator shall keep a record of inspections. Visible sedimentation found outside of

the disturbed limits shall be recorded and a brief explanation kept with the records as to the measures taken to control future releases. Any measures taken to clean up the sediment that has left the disturbed limits shall also be recorded. These records shall be made available to DWQ or authorized agent upon request.

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SECTION C: SCHEDULE OF COMPLIANCE

1. The permittee shall comply with Final Limitations and Controls specified for stormwater

discharges once disturbance has begun on the site and until completion of construction or development and the establishment of a permanent ground cover..

2. During construction and until the completion of a construction or development and the

establishment of a permanent ground cover, the permittee shall provide the operation and maintenance necessary to operate the storm water controls at optimum efficiency.

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PART II

STANDARD CONDITIONS

SECTION A: DEFINITIONS 1. Act or "the Act" or CWA

The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq.

2. Best Management Practices (BMPs)

Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

3. DWQ or Division

The Division of Water Quality, Department of Environment, and Natural Resources. 4. Director

The Director of the Division of Water Quality, the permit issuing authority. 5. EMC The North Carolina Environmental Management Commission. 6. Permittee

The person who signed as the financially responsible party on the Erosion and Sedimentation Control Plan.

7. Point Source Discharge

Any discernible, confined and discrete conveyance, including but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state.

8. Administrator

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The Adminstrator of the U. S. Environmental Protection Agency. SECTION B: GENERAL CONDITIONS l. Duty to Comply.

The permittee must comply with all conditions of this general permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for: enforcement action; certificate of coverage termination, revocation and reissuance, or modification; or denial of a certificate of coverage upon renewal application. (a) The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. (b) The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $27,000 per day for each violation. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. Any person who knowingly violates such sections, or such conditions or limitations 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. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions.

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(c) Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) 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: NC General Statutes 143-215.6A]. (d) Any person may be assessed an administrative penalty by the Administrator for violating section 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. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class II violations are not to exceed $11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500.

2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this general permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability

Except as provided in Section C. of this permit regarding bypassing of stormwater control facilities, nothing in this general permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS l43-2l5.3, l43-2l5.6A, 143-215.6B, 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 general 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 l43-2l5.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended.

5. Property Rights

The issuance of this general 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.

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6. Severability

The provisions of this general permit are severable, and if any provision of this general permit, or the application of any provision of this general permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this general permit, shall not be affected thereby.

7. Duty to Provide Information

The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the certificate of coverage issued pursuant to this general permit or to determine compliance with this general permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this general permit.

8. When an Individual Permit may be Required

The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this general permit to apply for and obtain an individual permit or an alternative general permit. Any interested person may petition the Director to require an individual permit pursuant to 15A NCAC 2H .0127. Cases where an individual permit may be required include, but are not limited to, the following:

a. The discharger is a significant contributor of pollutants; b. Conditions at the permitted site change, altering the constituents and/or

characteristics of the discharge such that the discharge no longer qualifies for a General Permit;

c. The discharge violates the terms or conditions of this general permit; d. A change has occurred in the availability of demonstrated technology or practices

for the control or abatement of pollutants applicable to the point source; e. Effluent limitations are promulgated for the point sources covered by this general

permit; f. A water quality management plan containing requirements applicable to such

point sources is approved after the issuance of this general permit. g. The Director determines at his own discretion that an individual permit is

required. 9. When an Individual Permit may be Requested

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Any permittee operating under this general permit may request to be excluded from the coverage of this general permit by applying for an individual permit. When an individual permit is issued to an owner/operator the applicability of this general permit is automatically terminated on the effective date of the individual permit.

10. Signatory Requirements a. All applications, reports, or information submitted to the Director shall be signed and

certified as follows:

(l) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2) For a partnership or sole proprietorship: by a general partner or the proprietor,

respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal

executive officer or ranking elected official. b. All reports required by the general permit and other information requested by the

Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if:

(l) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility

for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and

(3) The written authorization is submitted to the Director.

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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. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations."

11. General Permit Modification, Revocation and Reissuance, or Termination

The issuance of this general permit does not prohibit the Director from reopening and modifying the general permit, revoking and reissuing the general permit, or terminating the general 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 2H .0100; and North Carolina General Statute 143-215.1 et. seq.

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SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper Operation and Maintenance

The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this general permit.

2. 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 general permit.

3. Bypassing of Stormwater Control Facilities a. Definitions

(l) "Bypass" means the intentional diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established or operating mode for the facility.

(2) "Severe property damage" means substantial physical damage to property,

damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

b. Bypass Not Exceeding Limitations.

The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section.

c. Notice

(l) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass.

(2) Unanticipated bypass. The permittee shall submit notice within 24 hours of an

unanticipated bypass as required in Part II, E. 3.(b)(1) of this general permit. (24-hour notice).

d. Prohibition of Bypass

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Bypass is prohibited and the Director may take enforcement action against a permittee for bypass, unless:

(1) Bypass was unavoidable to prevent loss of life, personal injury or severe property

damage;

(2) There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

(3) The permittee submitted notices as required under Paragraph c. of this section.

The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above in Paragraph d. of this section.

4. Upsets a. Definition

"Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation.

b. Effect of an Upset.

An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review.

c. Conditions Necessary for a Demonstration of Upset

A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

(1) An upset occurred and that the permittee can identify the cause(s) of the upset; 2) The permitted facility was at the time being properly operated; and

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(3) The permittee submitted notice of the upset as required in Part II, E. 3. (b) (2) of

this general permit. (4) The permittee complied with any remedial measures required under Part II, A. 2.

of this general permit. d. Burden of Proof

In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof.

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SECTION D: MONITORING AND RECORDS l. Representative Sampling

Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. .

2. 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 general permit shall, upon conviction, be punished by a fine of not more than $l0,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both.

3. Records Retention

The permittee shall retain records of all monitoring information and copies of all reports required by this general permit, for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time.

4. Recording Results

For each measurement, sample, inspection or maintenance activity performed or taken pursuant to the requirements of this general permit, the permittee shall record the following information:

a. The date, 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; e. The analytical techniques or methods used; and f. The results of such analyses.

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5. 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 system 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 general permit;

b. Have access to and copy, at reasonable times, any records that must be kept under

the conditions of this general permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and

control equipment), practices, or operations regulated or required under this general permit; and

d. Sample or monitor at reasonable times, for the purposes of assuring general

permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.

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SECTION E: REPORTING REQUIREMENTS 1. Planned Changes

The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when:

a. The alteration or addition to a permitted facility may meet one of the criteria for

determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the

quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the general permit, nor to notification requirements under 40 CFR Part 122.42 (a) (l).

2. Anticipated Noncompliance

The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with the general permit requirements.

3. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any

noncompliance which may endanger health or the environment. 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 permittee 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 corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

b. The following shall be included as information which must be reported within 24 hours

under this paragraph:

(1) Any unanticipated bypass which exceeds any effluent limitation in the general permit.

(2) Any upset which exceeds any effluent limitation in the general permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed

by the Director in the general permit to be reported within 24 hours.

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c. The Director may waive the written report on a case-by-case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours.

4. Other Information

Where the permittee becomes aware that it failed to submit any relevant facts in any report to the Director, it shall promptly submit such facts or information.

5. 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 shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, discharge 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.

6. 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 general permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $l0,000 per violation, or by imprisonment for not more than two years per violation, or by both.

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SECTION F: LIMITATIONS REOPENER This general permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved:

a. contains different conditions or is otherwise more stringent than any effluent limitation in the general permit; or

b. controls any pollutant not limited in the general permit.

The general permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable.

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Appendix 11: NPDES Acceptance Form



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MECKLENBURG COUNTY

Land Use and Environmental Services Agency Water and Land Resources

Water Quality Program Project Name: _________________________________________ Date: ___________ This letter indicates that either the financially responsible party or his agent has accepted and understands the terms and requirements of the following documents:

� Mecklenburg County Soil Erosion & Sedimentation Control Ordinance (Self-Inspection Form)

� Pre-Construction Meeting Notes

� Home Builder Letter (For residential subdivisions)

� NPDES Permit No. NCG010000

� Please be advised that violations of your approved sedimentation and erosion control

plan also constitute violations of NPDES General Stormwater Permit NCG010000 [administered by the North Carolina Division of Water Quality]. Pursuant to G.S. 143-215.6A, a civil penalty of up to twenty-five thousand dollars ($27,500), or twenty-five thousand dollars ($27,500) per day if the violation is of a continuing nature, may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit required by G. S. 143-215.1.

� Any site within Mecklenburg County which is subject to the requirements of NCG010000 may be inspected by the Mecklenburg County Water Quality Program as part of a working agreement between Mecklenburg County and the North Carolina Division of Water Quality.

Printed Name: __________________________________________________________________ Company: __________________________________________________________________ Phone: __________________________________________________________________ Fax: __________________________________________________________________ Signature: __________________________________________________________________

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Appendix 12: Permit to Conduct Land-Disturbing Activity

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Permit to Conduct Land Disturbing Activity/Application for

Commercial Drainage Approval

Issued by Mecklenburg County Land Use and Environmental Services Water Quality Program 704-336-5500

Name of Development:

Street Name & Number: Original Tax Parcel:

Development/Tract Location:

Total Disturbed Area (acres): Total Site Area of Project/Phase: % Built Upon:

Land Development Fee Paid: $ Amendment to Permit #:

Type of Development: Commercial Residential Mixed Use Subdivision

Jurisdiction/Town:

Zoning Designation:

Resubmittal: Yes No If yes provide notification date that resubmittal was required:

Owner’s Name:

Owner’s Address:

Owner’s Phone Number: Fax:

Owner’s Email:

Financial Responsible Party (FRP) (must be N.C. Agent):

FRP Address:

FRP Phone Number: Fax:

FRP Email:

Designer:

Designer’s Address:

Designer’s Phone Number: Fax:

Designer’s Email:

This permit conveys approval from the permitting entity to conduct land-disturbing activity by the owner or his agents as shown on the approved plan in accordance with the Sedimentation and Erosion Control Ordinance and related policies. This permit is valid until the project is complete or two years from issuance of permit, whichever comes first. If erosion control measures required by the plan prove to be inadequate to control sediment as required by the Ordinance, the applicant will be required to submit a revised plan and take corrective measures. By issuance of this permit an inspector has the right to inspect the permitted property for compliance with the Ordinance at any time during and after construction.

Reviewed By: _______________________________________ Date: _____________________

Approved Approved with Modification Approved with Performance Reservations

Issued By (Inspector): ________________________________________ Date: _____________ Signature of Applicant: _______________________________________ Date: _____________

Permit Number (to be completed by Land Development Gatekeeper):

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Appendix 13: Erosion Control Project Prioritization Table

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Erosion Control Project Prioritization Table

The standard inspection frequency for sites issued a grading permit is once every 21 days (3 weeks). Sites without grading permits (<1 acre disturbed) are inspected on a lesser frequency at the inspector’s discretion. As a general rule, a site is inspected every 14 days if it is being actively graded and if a regulated watercourse runs through or adjacent to the site, every 14 days if the watercourse is classified as WS or B, and every 7 days if the watercourse is 303(d) listed. In addition, weekly inspections should be performed if a site has more than 20 acres actively graded (or as otherwise determined by inspector). Site topography should also be considered when determining inspection frequency. If the Inspector believes the above policy is not applicable to a particular site, they are to consult with the Erosion Control Team Leader for guidance. If the Team Leader agrees with the Inspector with regard to inspection frequency, then deviation from the above inspection prioritization is allowed.

Project Name Inspection Frequency # Denuded

Acres

Watercourse

Runs Through or

Adjacent to Site

Watercourse

Classification

WS or B

Watercourse

303(d) Listed

Status (Indicate stage of construction

such as site grading, lot grading, near

completion, inactive, etc.) 30 days 21 days 14 days 7 days Yes No Yes No Yes No

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Appendix 14: Erosion Control Checklist for Construction Sites/Subdivisions

128

Erosion Control Checklist for Commercial Sites & Subdivisions

Mecklenburg County Land Use and Environmental Services Water Quality Program 704-336-5500

Check to make sure all “high risk” areas are properly delineated (SWIM buffers, wetlands, undisturbed open space). If tree protection is required, trees should also be marked and protected (see Land Development Standards figures 40.02 and 40.03).

SILT FENCE

For commercial/subdivision:

__ Check installation along all points. __ If silt fence is along “high risk” area, orange fencing is either attached at top or placed on

separate posts running parallel to silt fence (see Land Development standards fig.30.06.) For both commercial/subdivision and single family lots:

__ Bottom of the silt fence is trenched at least 6” in ground. __ Fabric and posts is upright and secure. __ Posts are on the outside of fence, not inside. __ No tears or open seams are observed in silt fence fabric. __ Sediment build-up is less than half the height of the silt fence. __ No storm water or sediment runoff is going around the fence.

CONSTRUCTION ENTRANCE

For subdivision/commercial sites:

__ Construction entrance is a minimum of 100’ x 18’ min. (see Land Development standards fig. 30.11).

__ Soil stabilization fabric has been applied under the stone. __ At least 6” of #5 washed stone has been applied on top the soil stabilization fabric.

For single family sites: __ Construction entrance is adequate in width and length, depending on property. __ At least 6” of #57 washed stone has been used.

STREET FRONTAGE (Applies to singe family sites)

__ Barricade is installed between construction site and the street. __ Road is free of mud or dirt.

SEDIMENT BASINS AND CHECK DAMS

__ Well formed diversion ditches are installed. __ Outfall is outside SWIM or other buffers or protected areas. __ Side slopes are non-erosive. __ Outside and inside of side slopes are seeded. __ Low point of spillway is in the center of the filter dam. __ Washed stone (angular gravel of uniform size) is used on the uphill side of the check dam.

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__ Sediment is no more than half the depth of storage behind the dam (see specifications on plan for size requirements).

STABILIZED GROUND, GRASS, SEEDING

__ Steep slopes will be seeded and/or mulched for stabilization within 21 calendar days of completion of any phase of grading.

__ Slopes are no greater than 2:1 or an engineer’s report is made available to guarantee stabilization (see Land Development standards 30.16).

__ Ground cover is established within 15 working days or 90 calendar days following completion of construction (see Land Development standards figures 30.17A and 30.17B for seeding schedules).

WATER QUALITY

__ Check all surface waters upstream and downstream of the construction site during every

inspection. __ No sediment is observed leaving the construction site. __ No sedimentation is observed reaching downstream surface waters.

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Appendix 15: Field Notice of Violation (NOV)

131

MECKLENBURG SOIL

EROSION AND SEDIMENTATION CONTROL

NOTICE OF VIOLATION/CITATION

NAME OF PROJECT:

ADDRESS OF PROJECT:

NAME AND ADDRESS OF FINACIALLY RESPONSIBLE PARTY:

PHONE: FAX:

PERSON OR CONTRACTOR DOING WORK ON SITE:

WEATHER CONDITIONS:

TYPE OF VILATION (CHECK ALL THAT APPLY): failure to submit a sedimentation and erosion control plan for approval prior to grading failure to schedule and conduct a pre-construction meeting prior to conducting any land disturbing activity

disturbing land without a permit issued by the Mecklenburg County Water Quality Program grading beyond the limits of the existing permit failure to properly install or maintain erosion control measures failure to retain sediment from leaving the disturbed tract failure to restore off-site area affected by sedimentation failure to provide an angle on graded slopes sufficient to retain vegetated cover failure to provide a ground cover sufficient to retain erosion within 21 working days following completion of construction or development

failure to retain a buffer of sufficient width along a lake or natural watercourse any other action that constitutes a violation of the applicable County ordinances

CORRECTIVE ACTIONS REQUIRED:

(check) DATE BY WHICH CORRECTIVE ACTIONS MUST BE MADE:

(check if) AN IMMEDIATE FINE IS IMPOSED. CORRECTIONS MUST BE

COMPLETED EXPEDITIOUSLY. FINE COMPOUND DAILY

INSPECTOR NAME PHONE # DATE GIVEN (Sent To)

MECKLENBURG SOIL

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EROSION AND SEDIMENTATION CONTROL ORDINANCE

NOTICE OF VIOLATION/CITATION

If you feel that you are not responsible for these violations, take this opportunity to immediately deny responsibility by contacting the Inspector. If you fail to respond to this Notice by the deadline given, the Mecklenburg County Land Use and Environmental Services Agency will take appropriate action to bring the site into compliance with the ordinance, which may include civil penalties, criminal penalties, and/or injunctive relief. If a civil penalty is assessed, the amount may be up to $5,000.00 per day for each day of the violation. Furthermore, the penalty will be assessed from the date the violation occurred until the date of compliance with the ordinance. If you knowingly or willfully violate any of the provisions of the ordinance, then criminal charges may be brought against you, resulting in your being found guilty of a misdemeanor punishable by imprisonment not to exceed 90 days, or a fine not to exceed $5,000.00. If a civil action is brought against you to restrain from the violation of the ordinance, you may be required to pay all costs of the litigation, including reasonable attorney fees and expert witness fees as provided by General Statute 113A-66. The responsibility for understanding and complying with the requirements of the ordinance rests upon you. Copies of the relevant ordinance, State statute and administrative regulations may be examined at the Water Quality Program Office at the address below or will be sent to you upon request. When corrective action is complete, you must notify the Inspector. You should not assume that the property is in compliance with the ordinance until this office has so notified you.

LAND USE AND ENVIRONMENTAL SERVICES AGENCY

WATER QUALITY PROGRAM

700 NORTH TRYON STREET

CHARLOTTE, N.C. 28202

Program Manager: Rusty Rozzelle at 704-336-5449

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Appendix 16: Field Notice of Violation (NOV) Follow Up



134

MECKLENBURG COUNTY

Land Use and Environmental Services Agency Water Quality Program

(Date)

CERTIFIED MAIL AND VIA FAX

(Financially Responsible Party, TITLE Company/Firm Address) Re: Notice of Violation

Mecklenburg County Soil Erosion and Sedimentation Control Ordinance (Name of subdivision or project)

Dear (Responsible Party): On (Initial inspection date), an inspection conducted by the Mecklenburg County Water Quality Program (MCWQP) revealed that you and/or your firm is in violation of the Mecklenburg County Soil Erosion and Sedimentation Control Ordinance (MCSESCO) as specified on the attached field Notice of Violation (NOV). This field NOV was issued to (On-site construction manager) on (Initial inspection date) as indicated by his/her signature. The field NOV cites your company for the following violations (use the below that apply):

• Silt fence was not properly installed and/or maintained at the following locations: (List lot numbers, addresses or locations or delete if N/A);

• Construction entrances were not properly installed and/or maintained at the following locations: (List lot numbers, addresses or locations or delete if N/A);

• Sediment was observed in the road at the following locations: (List lot numbers, addresses or street names or delete if N/A);

• Sediment basins were not properly installed and/or maintained at the following locations: (List basin numbers or locations or delete if N/A);

• Sediment was observed impacting off-site areas at the following locations: (List lot numbers, addresses or locations or delete if N/A);

• Sediment was observed in surface waters at the following locations: (List lot numbers, addresses or locations & surface water names or delete if N/A);

• Failure to comply with approved plans as follows: (Specify details or delete if N/A);

• Disturbing land beyond the approved limits: (Specify details or delete if N/A); and

• Disturbing land without a permit: (Specify details or delete if N/A).

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In order to bring the site into compliance with the MCSESCO, you must do the following (use the below that apply):

• Silt fence must be installed on all lots before initiation of land-disturbing activities and must be maintained until the disturbed area has been stabilized to prevent off-site sedimentation;

• Construction entrances consisting of six (6) inches of #5 washed stone or railroad ballast must be installed at a minimum of 100 feet x 18 feet with soil stabilization fabric or compacted crusher run as a base under the stone;

• Construction entrances must be adequate in width and length to prevent off-site sedimentation and consist of at least six inches of #5 washed stone or railroad ballast;

• Sediment must be scraped up from roads on a regular basis to prevent it from entering storm drains and polluting surface waters;

• Sediment basins must be properly installed and maintained as per approved plans;

• Accumulated sediments must be removed from off-site areas with the least possible disturbance to existing vegetation;

• Accumulated sediments must be removed from surface waters without modifying the channel and with the least possible disturbance to existing vegetation; and

• Compliance with approved plans must be achieved by (specify necessary actions). Corrective action must be taken immediately. When corrective actions are completed, you must notify (Inspector) at 704-336-5500 or by mobile phone at (Mobile #) so that the work can be inspected. Another compliance inspection will be conducted no later than (Insert date, ~3 days).

You should not assume that the property is in compliance with the MCSESCO until this

Office has so notified you. The MCSESCO provides for the following legal options to bring the site into compliance: 1) Assessment of a civil penalty of up to $5,000 per day from the date the violations were

noted until the date the site is brought into compliance; 2) Criminal charges for knowingly and willfully violating the MCSESCO; and/or 3) A civil action requesting that the Superior Court of Mecklenburg County enjoin you from

violating the MCSESCO. Additionally, if a bond, letter of credit or other such security has been posted with this Office, then SUCH SECURITY MAY BE FORFEITED at our request because of your continuing violation of the Mecklenburg County Soil Erosion and Sedimentation Control Ordinance. The responsibility for understanding and complying with the requirements of the MCSESCO rests upon you. Copies of the relevant ordinance, State statute and administrative regulations may be examined at this Office or will be sent to you upon request. Please contact (Inspector) at 704-336-5500 or by mobile phone at (Mobile #) if you have any questions.

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Sincerely, Inspector Name Environmental Specialist c: (On-site construction manager) (WQ Inspector), (WQ Supervisor), (Erosion Control Team Leader), MCWQP

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Appendix 17: Notice of Violation (NOV)



138

MECKLENBURG COUNTY


(Date)


(Financially Responsible Party, Title Company/Firm Address) Re: Notice of Violation

Mecklenburg County Soil Erosion and Sedimentation Control Ordinance (Name of subdivision or project)

Dear (Responsible Party): On (Initial inspection date), an inspection conducted by the Mecklenburg County Water Quality Program (MCWQP) revealed that you and/or your firm is in violation of the Mecklenburg County Soil Erosion and Sedimentation Control Ordinance (MCSESCO) as specified below (use the below that apply).










139






• Sediment basins must be properly installed and maintained as per approved plans;;



• Compliance with approved plans must be achieved by (specify necessary actions). Corrective action must be taken immediately. When corrective actions are completed, you must notify (Inspector) at 704-336-5500 or by mobile phone at (Mobile #) so that the work can be inspected. Another compliance inspection will be conducted no later than (Insert date, ~3 days).

You should not assume that the property is in compliance with the MCSESCO until this

Office has so notified you. The MCSESCO provides for the following legal options to bring the site into compliance: 1) Assessment of a civil penalty of up to $5,000 per day from the date the violations were


violating the MCSESCO. Additionally, if a bond, letter of credit or other such security has been posted with this Office, then SUCH SECURITY MAY BE FORFEITED at our request because of your continuing violation of the Mecklenburg County Soil Erosion and Sedimentation Control Ordinance. The responsibility for understanding and complying with the requirements of the MCSESCO rests upon you. Copies of the relevant ordinance, State statute and administrative regulations may be examined at this Office or will be sent to you upon request.

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Please contact me at 704-336-5500 if you have any questions. Sincerely, (WQ Inspector) Environmental Specialist c: (On-site construction manager)

(WQ Supervisor), Rusty Rozzelle, MCWQP

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Appendix 18: Notice of Violation With Immediate Penalty (NOVP)



142

MECKLENBURG COUNTY


(Date)


(Financially Responsible Party, TITLE Company/Firm Address) Re: Notice of Violation with Immediate Penalty

Mecklenburg County Soil Erosion and Sedimentation Control Ordinance Case # (Scrolling case number) (Name of subdivision or project)

Dear (Responsible Party): On (Initial inspection date), an inspection conducted by the Mecklenburg County Water Quality Program (MCWQP) revealed that you and/or your firm is in violation of the Mecklenburg County Soil Erosion and Sedimentation Control Ordinance (MCSESCO) as specified below (use the below that apply).










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• Compliance with approved plans must be achieved by (specify necessary actions). The MCSESCO allows for immediate penalties for (Choose from the following: off-site sedimentation; sedimentation in a wetland, lake or watercourse; grading without a permit; or against repeat violators). Since the penalty will accrue for each day the site remains in violation, corrective action must be taken immediately. When corrective actions are completed, you must notify (Inspector) at 704-336-5500 or by mobile phone at (Mobile #) so that the work can be inspected. Another compliance inspection will be conducted no later than (Insert date, ~3 days). The penalty amount will be determined after compliance has been attained and will vary based upon aggravating and mitigating circumstances, including your willingness and urgency in correcting the violation. You should not assume that the property

is in compliance with the MCSESCO until this Office has so notified you. The MCSESCO provides for the following legal options to bring the site into compliance: 1) Assessment of a civil penalty of up to $5,000 per day from the date the violations were


violating the MCSESCO. Additionally, if a bond, letter of credit or other such security has been posted with this Office, then SUCH SECURITY MAY BE FORFEITED at our request because of your continuing violation of the MCSESCO. The responsibility for understanding and complying with the requirements of the MCSESCO rests upon you. Copies of the relevant ordinance, State statute and administrative regulations may be examined at this Office or will be sent to you upon request.

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Please contact me at 704-336-5500 if you have any questions. Sincerely, Rusty Rozzelle Program Manager c: (On-site construction manager) (WQ Inspector), (WQ Supervisor), (Erosion Control Team Leader) MCWQP

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Appendix 19: Continuing Notice of Violation (CNOV)



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MECKLENBURG COUNTY


(Date)


(Financially Responsible Party, TITLE Company/Firm Address) Re: Continuing Notice of Violation


Dear (Responsible Party): On (Date of NOV), you received a Notice of Violation from the Mecklenburg County Water Quality Program (MCWQP) indicating that you and/or your firm is in violation of the Mecklenburg County Soil Erosion and Sedimentation Control Ordinance (MCSESCO). This Notice indicated that the violations were to be corrected by (Follow-up inspection date from NOV). A follow-up inspection conducted by MCWQP on (Reinspection date) revealed that the violations have not been corrected and that you are not in compliance with the MCSESCO as specified below (pictures are available upon request) (use the below that apply).








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• )Compliance with approved plans must be achieved by (specify necessary actions). Corrective action must be taken immediately. Please be advised that because the violations

were not corrected before the previously specified deadline, this matter has been referred

for enforcement, and a civil penalty is being considered. Penalties are assessed from the date the violations were noted until all violations are corrected and the site is brought into compliance with the MCSESCO. When corrective actions are completed, you should notify (Inspector) at 704-336-5500 or by mobile phone at (Mobile #) so that the site can be inspected. Another compliance inspection will be conducted no later than (Insert date, ~3 days). You should not

assume that the property is in compliance with the MCSESCO until this Office has so

notified you. The MCSESCO provides for the following legal options to bring the site into compliance: 1) Assessment of a civil penalty of up to $5,000 per day from the date the violations were


violating the MCSESCO. Additionally, if a bond, letter of credit or other such security has been posted with this Office, then SUCH SECURITY MAY BE FORFEITED at our request because of your continuing violation of the MCSESCO.

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The responsibility for understanding and complying with the requirements of the MCSESCO rests upon you. Copies of the relevant ordinance, State statute and administrative regulations may be examined at this Office or will be sent to you upon request. Please contact me at 704-336-5500 if you have any questions. Sincerely, Rusty Rozzelle Program Manager c: (On-site construction manager)

(WQ Inspector), (WQ Supervisor), (Erosion Control Team Leader) MCWQP

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Appendix 20: Case Resolved Without Penalty

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Case Resolved Without Penalty Mecklenburg County Land Use and Environmental Services Water Quality Program 704-336-5500

• Case #:

• Project Name:

• Location(s):

• Financially Responsible Party:

• Date of Notice of Violation:

• Deadline for Compliance:

• Date of Compliance:

• Explanation for Case Being Resolved Without Assessment of a Penalty:

Inspector Name Date

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Appendix 21: Notice of Compliance With Penalty (NOCP)



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MECKLENBURG COUNTY Land Use and Environmental Services Agency

Water Quality Program

(Date)


(Financially Responsible Party, TITLE Company Name Address) Re: Notice of Compliance/Penalty


Dear (Financially Responsible Party): Pursuant to the attached (Continuing) Notice of Violation (CNOV), an inspection of the subject project was made by the Mecklenburg County Water Quality Program (MCWQP) on (Date). The inspection revealed that the actions required by the attached CNOV have been completed, which brings the site into compliance with the Mecklenburg County Soil Erosion and Sedimentation Control Ordinance (MCSESCO). Please be aware that you are still responsible for maintaining all soil erosion and sedimentation control measures until permanent ground cover has been established. The attached NOV establishes (Date) as the initial date of the violation (pictures available upon request). A subsequent inspection found the site to be in compliance on (Date), resulting in a delinquent period of (Number) days. Please be advised that a civil penalty has been assessed against (Financially Responsible Party) in the amount of $(Amount) per day for (Number) days for a total of $(Amount) for the aforementioned violation of the MCSESCO. The undersigned, as Director of the Mecklenburg County Land Use and Environmental Services Agency and acting by authority delegated by the Mecklenburg County Board of Commissioners, has assessed this penalty pursuant to Section 13 of the MCSESCO. In determining the amount of the penalty, the following aggravating & mitigating factors have been taken into account. 1. Degree and extent of harm caused by the violation:

(List effects (sediment in water supply, sediment in surface waters, off-site sediment, sediment in buffer, fish kill, etc.) as well as the severity of the impact such as size of impacted area, depth of sediment, etc.).

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2. Weather conditions during the violation and their effect on efforts to bring the site into compliance:

(Describe weather conditions that may have affected reaching compliance (amount and duration of rainfall during the period)).

3. Amount of staff time employed to rectify the damage: (Cost and time to taxpayers to inspect and process violation). 4. Cost of rectifying the damage: (If feasible, obtain an estimate from the violator as to the cost of compliance). 5. Whether the violator saved money through noncompliance: (Evidence of money saved). 6. Degree of cooperation and whether the violator took reasonable measures to comply with this

Ordinance: (Was the violator cooperative and deliberate in attempting to correct violations). 7. Whether the violator voluntarily took reasonable measures to restore any areas damaged by

the violation: (Once the violator was notified of the damage caused by the violation, were quick and

effective measures implemented to restore these areas). 8. Whether the violation was committed willfully: (Evidence of disregard for NOV’s, CNOV’s, verbal communications, etc.). 9. Whether the violator reported the violation to the Mecklenburg County Water Quality

Program: (Were the violations detected as a result of a routine inspection or were they reported by the

violator). 10. 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: (Cite previous civil penalties, CNOV’s and NOV’s within the last 24 months). Within thirty (30) days of receipt of this notice, you must: 1. Submit full payment of the assessed penalty in the form of a check payable to Mecklenburg

County; or 2. Submit a written request for a hearing before the Mecklenburg County Storm Water

Advisory Committee (SWAC), including in your request a statement of the factual or legal issues in dispute and a check payable to Mecklenburg County for a $100 filing fee. Be advised that SWAC has the option of increasing or decreasing the assessed penalty. Relief from an adverse determination by the SWAC is by appeal to the Superior Court of Mecklenburg County.

Before requesting a hearing, if you wish to discuss any additional facts which should have been

considered by the Director prior to assessment, or your inability to pay the penalty, please

contact Mr. Rozzelle at 704-336-5449. Your payment or request for a hearing before the SWAC should be payable to Mecklenburg County and should reference the Case Number from the first page of this letter. It should be mailed to:

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Mr. Rusty Rozzelle, Program Manager Mecklenburg County Water Quality Program 700 North Tryon Street Charlotte, North Carolina 28202

Please be aware that payment of the penalty will not foreclose further enforcement action against any other continuing or new violations. Failure to exercise one of the aforementioned options will result in the initiation of civil action to collect the penalty. In addition, Mecklenburg County may seek an injunction to prevent further activity at the site and/or criminal penalties against those persons responsible for the violations of the MCSESCO. Sincerely, Cary Saul Director Land Use & Environmental Services Attachments: (Attachments) c: Kia Whittlesey, Mecklenburg County Land Development w/out attachments

(WQ Inspector), (WQ Supervisor), (Erosion Control Team Leader), Rusty Rozzelle, MCWQP w/out attachments

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Appendix 22: Penalty Assessment Report

156

Penalty Assessment Report

Completed on

for

Failure to properly maintain erosion control measures which resulted in

sediment entering . (Note: Provide above a brief description of the violation)

by

(name of responsible company), Case Number: (case number from spreadsheet)

in violation of

(Mecklenburg County, Town of Davidson or Town of Mint Hill) Soil Erosion and

Sedimentation Control Ordinance

Civil Penalty Assessment Amount:

$ (total amount of actual penalty)

Purpose of this Report:

The purpose of this report is to provide the documentation necessary for the assessment of a civil

penalty. The report is divided into five parts as follows:

� Part I: Findings and Decision and Assessment of Civil Penalty, which includes the findings

of fact, conclusions of law and decision.

� Part II: Chronology of Events, which includes a summary of all investigation results, actions

taken, and notices of violation issued with attached reports and pictures.

� Part III: Penalty Assessment Work Sheet, which includes the information considered in the

calculation of the penalty amount as well as aggravating and mitigating circumstances.

� Part IV: Signature page attesting to the validity of the information provided.

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PART I: FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTY

Acting pursuant to Section 13 of the (Mecklenburg County, Town of Davidson or Town of Mint Hill) Soil Erosion and Sedimentation Control Ordinance I, Rusty Rozzelle, make

the following:

1. FINDINGS OF FACT AND CONCLUSIONS OF LAW:

1. On (date violation(s) first observed), (Inspector’s name that observed

violation(s)) of the Mecklenburg County Water Quality Program observed the following conditions at the (name of development) development site located at (address of development) in , (name of jurisdiction) N.C. in violation of the (Mecklenburg County, Town of Davidson or Town of Mint Hill) Soil Erosion and Sedimentation Control Ordinance: • Failure to (description of violation) in violation of Section (Section

number) of the (Mecklenburg County, Town of Davidson or Town of Mint Hill) Soil Erosion and Sedimentation Control Ordinance

• Failure to (description of violation) in violation of Section (Section number) of the (Mecklenburg County, Town of Davidson or Town of Mint Hill) Soil Erosion and Sedimentation Control Ordinance.


Pictures documenting these violations are contained in Attachment 1. 2. The above violations were observed by (Inspector’s name that observed

violation(s)) of the Mecklenburg County Water Quality Program pursuant to authority granted by Section 12a of the (Mecklenburg County, Town of Davidson or Town of Mint Hill) Soil Erosion and Sedimentation Control Ordinance.

3. (name of responsible company) is the party responsible for conducting land disturbing activities at the (name of development) development site as verified by the Financial Responsibility Form provided in Attachment 2. (name of responsible person with the company) is identified as the financially responsible person for (name of responsible company) in Part B on page 2 of the Form. (name of responsible person with the company) is the person responsible for the above mentioned violations at the development site pursuant to Section 3dd of the (Mecklenburg County, Town of Davidson or Town of Mint Hill) Soil Erosion and Sedimentation Control Ordinance.

4. On (date field NOV mailed), the Mecklenburg County Water Quality Program issued a written “field” notice of violation with an immediate penalty to (name of responsible person with the company) with (name of responsible company) who is the project manager for the site. A copy of this notice is provided in Attachment 3.

5. On (date follow up NOV mailed), the Mecklenburg County Water Quality Program issued a follow up notice of violation with an immediate penalty to (name of responsible person with the company) via certified mail and Fax. A copy of this notice is provided in Attachment 4.

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6. On (date of follow up inspection), (Inspector’s name) of the Mecklenburg County Water Quality Program conducted a follow up investigation at the (name of development) development site to assess compliance and observed the following: • Failure to (description of violation) in violation of Section (Section

number) of the (Mecklenburg County, Town of Davidson or Town of Mint Hill) Soil Erosion and Sedimentation Control Ordinance



Pictures documenting these observations are contained in Attachment 5. 7. An inspection conducted by (Inspector’s name that observed compliance) on

(date of compliance inspection) revealed compliance with the above notice of violation resulting in (number of days of noncompliance) days of noncompliance. Pictures documenting the actions taken to achieve compliance are contained in Attachment 6.

8. (name of responsible person with the company) received adequate notice of the violations on (date of NOV) and was given reasonable time to comply pursuant to Section 12c of the (Mecklenburg County, Town of Davidson or Town of Mint Hill) Soil Erosion and Sedimentation Control Ordinance.

9. (name of responsible company) may be assessed civil penalties in this matter pursuant to Section 13 of the (Mecklenburg County, Town of Davidson or Town of Mint Hill) Soil Erosion and Sedimentation Control Ordinance.

10. (If sediment entered surface waters, complete the following) The above violations resulted in sediment entering , (name of surface waters impacted) which is subject to a base penalty amount of between $3,000 and $5,000 per day, per violation pursuant to Section 13c2 of the (Mecklenburg County, Town of Davidson or Town of Mint Hill) Soil Erosion and Sedimentation Control Ordinance.

11. (If previous violations have been documented, complete the following) On (date of previous documented violation(s)), the Mecklenburg County Water Quality Program issued a notice of violation with an immediate penalty to (name of responsible company) for the (name of project) project for failure to (type of violation). A penalty in the amount of $ (amount of penalty paid) was subsequently paid by (name of responsible company) for these violations. (name of responsible company) has also received two (2) previous notices of violation for (type of violation) dated (date of NOV) and (date of NOV). Therefore, (name of responsible company) is a repeat violator and is subject to a multiple of the base penalty amount up to $5,000 per day, per violation pursuant to Section 13e of the (Mecklenburg County, Town of Davidson or Town of Mint Hill) Soil Erosion and Sedimentation Control Ordinance.

12. Mr. Cary Saul, the Director of Mecklenburg County Land Use and Environmental Services (LUESA), has the authority to assess civil penalties in this matter pursuant to the delegation provided in Section 13 of the (Mecklenburg County, Town of Davidson or Town of Mint Hill) Soil Erosion and Sedimentation Control Ordinance and based on the definition of the “County Engineer” provided in Section 3i.

159

Based upon the above FINDINGS OF FACT and CONCLUSIONS OF LAW, I make the

following:

2. DECISION:

Section 13 of the (Mecklenburg County, Town of Davidson or Town of Mint Hill) Soil Erosion and Sedimentation Control Ordinance allows for the above described violations to receive a maximum penalty of: $ .00 (total amount of maximum penalty) based on $ .00 (total amount per day, per violation) per day, per violation for (total number of violation) violations, including Sections (Section number) and (Section number) of the (Mecklenburg County, Town of Davidson or Town of Mint Hill) Soil Erosion and Sedimentation Control Ordinance, for a duration of (number of days of violation) days. Based on the factors listed below, , (name of responsible company) is hereby assessed a civil penalty of: $ .00 (total amount of actual penalty) based on $ .00 (total amount per day) per day for (number of days of violation) days for violations of Sections (Section number) and (Section number) of the (Mecklenburg County, Town of Davidson or Town of Mint Hill) Soil Erosion and Sedimentation Control Ordinance, which is % (actual penalty / maximum penalty expressed as percentage) of the maximum authorized penalty. See the “Erosion Control Penalty Assessment Guide” in Part II of this document for information used to determine the assessed penalty amount.

$ .00 Total Amount Due

In determining the amount of the above penalty, I have considered the following factors

(see Part III of this document): (The above calculation of the penalty amount must be explained below.)

1. Degree and extent of harm caused by the violation: (List effects of violations such as sediment in water supply, sediment in surface waters, off-site sediment, sediment in buffer, fish kill, etc.) as well as the severity of the impact such as size of impacted area, depth of sediment, etc.)

2. Cost of rectifying the damage: (If feasible, obtain an estimate from the violator as to the cost of compliance)

3. Whether the violator saved money through noncompliance: (Evidence of money saved)

4. Degree of cooperation and whether the violator took reasonable measures to comply with this Ordinance, including a description of any aggravating or mitigating factors affecting compliance:: (Was the violator cooperative and deliberate in attempting to correct the violations)

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5. Whether the violator voluntarily took reasonable measures to restore any areas damaged by the violation: (Once the violator was notified of the damage caused by the violation, were quick and effective measures implemented to restore these areas)

6. Whether the violation was committed willfully: (Evidence of disregard for NOV’s, CNOV’s, verbal communications, etc.)

7. Whether the violator reported the violation to the Mecklenburg County Water Quality Program: (Were the violations detected as a result of a routine inspection by the Water Quality Program or were they reported by the violator)

8. 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: (Cite previous civil penalties, CNOV’s and NOV’s within the last 24 months)

______________________________________ _______________ Rusty Rozzelle Date

Water Quality Program Manager

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PART II: CHRONOLOGY OF EVENTS

Provided below is a chronology of the events that occurred related to the above cited violation.

(Copy and past all inspection reports relating to the penalty assessment in this Section. If

the case goes to the Storm Water Advisory Committee the below chronology must be

completed.)

1. (Date & Time of Day):

1. Specify how the incident was detected, including the name, address and phone number of others involved in reporting (including citizens, staff, etc.);

2. Specify the dates, exact place, and time of all inspections; 3. Indicate the first and last name of the Inspector(s) and always refer to them in the 3rd

person; 4. Specify the actions taken including sampling, field investigation, file review, etc.; 5. Specify the full names, titles and contact information for all persons contacted during the

inspection and any other activities associated with the illicit discharge or connection; 6. Specify the full names, titles and contact information for all witnesses to the incident; 7. Describe what was observed during the inspection, including specific locations, etc.; 8. Specify the names and locations of all surface waters impacted and locations of impacted

storm sewer systems as well as the exact location(s) of the discharge point; 9. Describe the extent of the impacts including length of channel or pipe and depth of

sediment; 10. Take pictures documenting all violations, reference the pictures in the text, and number

the pictures as Figure 1, 2, 3, 4…... (all pictures must be date and time stamped); 11. Include pictures documenting all violations in Attachment 1 and reference in text; 12. Include Financial Responsibility Form (FRP) in Attachment 2 and describe in text; 13. Describe any corrective actions specified and the follow up date for compliance and re-

inspection; 14. Indicate the type of notice given (verbal or written), who received this notice and when; 15. Include field notice of violation in Attachment 3 and follow up notice issued from the

Office to the FRP as Attachment 4 and refer to in text; 16. Indicate the EDMS Work Order Number for the inspection in the text; and 17. Include any other information pertinent to the initial discovery and investigation of the

incident. 2. (Date & Time of Day):

1. Repeat 1 through 17 above for all follow up inspections to ensure compliance and describe the end results;

2. Include pictures in Attachment 5 documenting observations from follow up investigations;

3. If additional written notices are issued, number as Attachment 6….. and refer to in text; 4. Indicate the final disposition including all corrective actions completed; and 5. Include pictures documenting all corrective actions in Attachment 7.

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3. (Date & Time of Day): 1. Repeat 1 through 17 above for all follow up inspections to ensure compliance and

describe the end results; 2. If additional written notices are issued, number as Attachment 8….. and refer to in text; 3. Indicate the final disposition including all corrective actions completed; and 4. Include pictures documenting all corrective actions in Attachment 9.

______________________________________________ _________________

Inspector’s Name and Title Date

(Include all attachments with 2 pictures/page and a caption describing the picture, date taken, etc.)

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PART III: PENALTY ASSESSMENT WORKSHEET

Summary of Violation(s):

• Project Name: • Location(s): • Financially Responsible Party: • Date of Notice of Violation: • Deadline for Compliance: • Date of Continuing Notice of Violation: • Date of Compliance: • Number of Days from Initial Violation to Compliance Date: • Adjustment in Violation Days due to Circumstances beyond Financially Responsible Party’s

Control: Reduced from to days. • Explanation for Adjustment:

Penalty Assessment Summary (see attached Erosion Control Penalty Assessment Guide):

� Off-site sedimentation occurred. _______ _________

If so, penalty is typically $1,000 per day. Penalty Amount Penalty per day can be increased up to $5,000 or decreased based on aggravating or mitigating circumstances.

� Sedimentation of a wetland, lake, ______ or watercourse occurred. Penalty per day If so, penalty is typically $3,000 per day. Penalty Amount can be increased up to $5,000 or decreased based on aggravating or mitigating circumstances.

� Off-site sedimentation did not occur. _______ __________ If so, penalty is typically $500 per day. Penalty amount Penalty per day can be increased up to $5,000 or decreased based on aggravating or mitigating circumstances.

Explanation of aggravating & mitigating circumstances:

Total Penalty = days x $ .00 per day = $ .

___________________________________________ ________________________

Signature of Authorized Person Date

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Erosion Control Penalty Assessment Guide

Internal Use Only

Grading Without a Permit ($2,500 to $5,000/day): No mitigating factors $4,000 to 5,000/day Hardship or extenuating circumstances $2,500 to $4,000/day

First Offense ($500 to $3,000/day):

Sedimentation in a wetland, lake, or watercourse(1) $1,000 to $3,000/day Off-site sedimentation or sedimentation in protected areas $500 to $1,000/day No off-site sedimentation was documented $0 to 500/day (1) No adjustment will be made for land-disturbing activities that damage protected

waters or wetlands. Protected waters would include 303(d) listed streams and other waters with special State designation.

Adjustments to Daily Fine ($50 to $400):

Difficulties inhibiting erosion control installation minus $50 to $400 (beyond the builder’s/contractor’s control) Single-family home construction(2) minus $0 to $100 First-time builder minus $0 to $100 Partial compliance steps taken minus $100 to $300 Excessive amount of land disturbed without protection(3) plus $0 to $100 Mud in road plus $0 to $50 Water Supply Watershed Protection Area plus $100 to $200 Hardship created to downstream property owner plus $0 to $100 Blatant negligence or deceit plus $300 to $1,000 (2) First-time offenders in single-family home construction will be charged per

subdivision instead of per lot. (3) For small projects, two (2) acres or more would be considered excessive.

Adjustments to Number of Days of Noncompliance:

The amount of a penalty is based on the amount of the daily fine multiplied by the number of days of noncompliance. The number of days of noncompliance is calculated by totaling the days from the day the violation was noted until the day compliance was achieved (count the day the violation was noted but not the compliance date). For example, if a violator received an NOV on the 10th, a CNOV on the 15th, and achieved compliance on the 20th, the total number of days of noncompliance is ten (10). The number of days of noncompliance will be reduced as follows: � Deduct days between when the NOV was sent and received by the financially

responsible party’s office if no verbal notification was given. � Deduct for staff delays in the issuance of the CNOV (deduct each day beyond two (2)

business days between re-inspection and CNOV). � Other days due to staff actions.

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� Deduct days of inclement weather that delayed erosion control installation and maintenance or restoration of damaged areas (only if weather is the actual cause of the delay).

� Holidays: two (2) days for the Fourth of July, Thanksgiving and Christmas unless the owner or contractor was negligent in taking responsible steps to protect the site before the holiday.

Repeat Offenders:

Owners/developers/builders who have been fined in the past two (2) years will be assessed at higher rates. This includes incidents in other jurisdictions when this information is available. Fines for second-time offenders will be doubled, fines for third-time offenders will be tripled, etc. In severe noncompliance situations, the violator may be charged per lot for home construction or for each provision in the Ordinance that was violated instead of by subdivision or by project site. Maximum daily fine per violation is $5000/day.

Restoration:

In addition to the charges specified above, the owner/developer/builder may also be required to restore property damaged by sediment (including streams, wetlands, lakes and other surface waters). The penalty can also be increased to reflect costs saved by noncompliance.

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PART IV: SIGNATURE PAGE & VERIFICATION OF INFORMATION PROVIDED

By my signature I do hereby affirm that the information provided in this document is accurate to the best of my knowledge based on my information made available to me in this matter.

Staff of the Mecklenburg County Water Quality Program:

__________________________________________________ __________________

Rusty Rozzelle Date Water Quality Program Manager

__________________________________________________ __________________

Date Water Quality Supervisor

__________________________________________________ __________________

Michael Burkhard Date Senior Environmental Specialist

__________________________________________________ __________________

Date Environmental Specialist (Inspector)

Witnesses (if applicable):

__________________________________________________ __________________

Date Name

__________________________________________________ __________________

Date Name

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Attachment 1

Photographs of Noncompliance Taken on

168

Attachment 2

Financial Responsibility Form (insert as pdf)

169

Attachment 3

Field Notice of Violation (insert as pdf)

170

Attachment 4

Follow Up to Field Notice of Violation

(insert as pdf or copy and paste)

171

Attachment 5

Photographs of Follow Up Investigation Taken on

172

Attachment 6

Photographs of Compliance Taken on

173

Appendix 23: Appeal Waiver

174

IN THE MATTER OF ASSESSMENT OF A CIVIL PENALTY

FOR VIOLATIONS OF THE MECKLENBURG COUNTY SOIL EROSION AND

SEDIMENTATION CONTROL ORDINANCE REQUEST FOR REMISSION OF THE CIVIL PENALTY; WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING FINANCIALLY RESPONSIBLE PARTY: (Developer/Contractor) ASSESSMENT DATE: (Date) LOCATION OF VIOLATIONS: (Project and/or addresses or lot numbers) CASE NUMBER: (Number)

HEARING WAIVER

Having been assessed a civil penalty of $(Amount) for violation of the Mecklenburg County Soil Erosion and Sedimentation Control Ordinance, (Section numbers and Titles), as set forth in the above-referenced assessment document of the Director, Mecklenburg County Land Use and Environmental Services Agency; the undersigned, desiring to seek remission of the civil penalty, does hereby waive their right to an administrative hearing in the above-stated matter.

REMISSION

After consideration of additional information presented relative to the amount of the penalty, including the Sequence of Events, 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 violators saved money by noncompliance; whether the violators took reasonable measures to comply with the Notice of Violation; whether the violation was committed willfully; and the prior record of the violators in complying or failing to comply with this Ordinance; Mecklenburg County and (Developer/Contractor) wishing to resolve the above-referenced matter without the expense of a hearing or subsequent legal proceedings do hereby agree to a civil penalty in the amount of: $___________________________________. This, the _____ day of ___________, 20__. ____________________________________ _________________________ Name: Date Title: (Developer/Contractor) ____________________________________ _________________________ Name: Date Title: Mecklenburg County

175

Appendix 24: Documentation of Erosion Control Penalty Assessment Conference

176

Documentation of Erosion Control Penalty Assessment Conference


Date of Conference:

Persons Present, Titles & Affiliations:

Name of Violator:

Location of Violations:

Case #:

Mitigating/Extenuating Circumstances Presented by Violator During Conference (attach

documents as necessary):

Penalty Reduced? YES NO

Old Penalty Amount: $_______ New Penalty Amount: $_______ % Reduction:______

Date Payment Due: __________________________

Reasons for Penalty Reduction:

Signature of Authorized Staff Date

177

Appendix 25: Final Inspection Report Form

178

Final Inspection Release Form


Project Name:

EDMS Work Order Number:

Contact Person:

Financial Responsible Party:

Water Quality Inspector:

I have completed a final inspection of the aforementioned project and have found the

following:

Temporary soil erosion and sedimentation control measures have been removed and

the site has been permanently stabilized as per approved plans.

Required water quality best management practices have been installed as per approved

plans.

Buffers, open space and water quality detention measures as well as all other

requirements of the post-construction storm water ordinance have been inspected and

are found to in compliance.

Therefore, it is my determination that the aforementioned project is in compliance with the

Mecklenburg County Soil Erosion & Sedimentation Control Ordinance and applicable post-

construction storm water ordinance. Please be advised that your permit to conduct land-

disturbing activity is hereby terminated. Any holds that the Mecklenburg County Water

Quality Program has on this property shall be released immediately.

Water Quality Inspector Date

179

Appendix 26: Monthly Activity Report to State

MAR 9/13/04 180

Mecklenburg County Monthly Activity Report

Local Erosion and Sediment Control Program


Time Period of Report: _______________ to _____________

Sedimentation Control Plans (new): Sedimentation Plan Reviews: Sedimentation Plans Approved: Sedimentation Plans Disapproved: Total Disturbed Acres Permitted: Sedimentation Inspections: Notices of Violations: Cases Referred for Enforcement (NOVP): Stop Work Orders Issued / Building Permit Suspension: Submitted By: Michael Burkhard, Senior Environmental Specialist Date:

181

Appendix 27: Water Quality Program Erosion Control Inspector Training

182

Water Quality Program Erosion Control Inspector Training

General (3 estimated training hours)

Training Description Staff to Provide Training Date Training Recvd.

Erosion Control Program Problem Statement/Purpose. Roles/responsibilities of various staff and programs within Water & Land Resources.

Rusty Rozzelle

Permitting process Gi-Gi Mullis Plan Review (8 estimated training hours) Spend 4 hours with each plan reviewer.

Training Description Staff to Provide Training Date Training Received

Plan review and approval process Tom Hodge and MJ Namin How to read plans and identify features Tom Hodge and MJ Namin How to size basins Tom Hodge and MJ Namin General plan requirements

Tom Hodge and MJ Namin

Erosion Control Field Inspections (8 estimated training hours)


Pre Construction meetings (typical agenda) and typical routine inspection process

Michael Burkhard (can be incorporated under “Construction Site Preparation and Controls”).

Construction Site Preparation and Controls (16 estimated training hours) The training in this section will be provided twice by riding with a different erosion inspector each day.

Training Description Staff to Provide Training Dates Training Recvd.

Construction sequencing Any 2 erosion inspectors Grading Any 2 erosion inspectors Tree protection Any 2 erosion inspectors Buffer protection Any 2 erosion inspectors Construction entrances Any 2 erosion inspectors Temporary Seeding Any 2 erosion inspectors Permanent Seeding Any 2 erosion inspectors Sodding Any 2 erosion inspectors Mulching Any 2 erosion inspectors Riprap Any 2 erosion inspectors Temporary Diversions Any 2 erosion inspectors Permanent Diversions Any 2 erosion inspectors Diversion Dikes Any 2 erosion inspectors

183

Grass lined channels Any 2 erosion inspectors Riprap and paved channels Any 2 erosion inspectors Temporary slope drains Any 2 erosion inspectors Rip rap apron Any 2 erosion inspectors Level spreader Any 2 erosion inspectors Temporary excavated drop inlet protection Any 2 erosion inspectors Cloth and gravel inlet protection Any 2 erosion inspectors Block and gravel Any 2 erosion inspectors Rock doughnut Any 2 erosion inspectors Rock pipe Any 2 erosion inspectors Silt Sack Any 2 erosion inspectors Temporary sediment trap Any 2 erosion inspectors Sediment basin Any 2 erosion inspectors Silt fence Any 2 erosion inspectors Rock dam Any 2 erosion inspectors Skimmer sediment basin Any 2 erosion inspectors Check dam Any 2 erosion inspectors Porous baffles Any 2 erosion inspectors Flocculants Any 2 erosion inspectors Barricade fencing Any 2 erosion inspectors

Stream Protection (8 estimated training hours)


Temporary stream crossing Michael Burkhard Permanent stream crossing Michael Burkhard Vegetative streambank stabilization Michael Burkhard Structural streambank stabilization Michael Burkhard Buffer zones Michael Burkhard

BMP Construction/Inspection (21 estimated training hours)


Bioretention construction and inspection process

Any 2 erosion inspectors

Wetpond construction and inspection process


Wetland construction and inspection process


Enhanced swale construction and inspection process


184

Infiltration Trench construction and inspection process


Sand Filter construction and inspection process


Extended Dry Detention construction and inspection process


Administrative (8 estimated training hours)


Inspection documentation and forms Michael Burkhard Enforcement, NOV, CNOV, NOVP, NOCP Michael Burkhard Penalty Assessment Report Michael Burkhard SWAC Appeal Process Michael Burkhard Posse and Land Development Holds Michael Burkhard Bonds Lynn Wade and Gay Nyberg File System Tina Berry

Reference Material to be Reviewed (compete review in first 6 months of hire)

Training Description Staff to Provide Overview Date Training Recvd.

Mecklenburg County Soil Erosion and Sedimentation Control Policies and Procedures Manual

Michael Burkhard (2 hours)

Mecklenburg County Soil Erosion and Sedimentation Control Ordinance

Michael Burkhard (1 hour)

N.C. Erosion and Sediment Control Field Manual (available at: http://www.dlr.enr. state.nc.us/pages/publications.html

Corey Priddy (1 hour)

N.C. Erosion and Sediment Control Inspectors Guide (available at: http://www .dlr.enr.state.nc.us/pages/publications.html

Corey Priddy (1 hour)

Charlotte-Mecklenburg BMP Design Manual

Don Ceccarelli (1 hour)

Administrative Manual for Implementation of the Post-Construction Storm Water Ordinance

Don Ceccarelli (1 hour)

Huntersville Water Quality Ordinance Design Manual

Heather Davis and Corey Priddy (1 hour)

Watershed Buffer Guidelines for Mecklenburg County

Michael Burkhard (1hour)

SWIM Buffer Implementation Guidelines WQ Supervisor (1 hour) Additional Training and Certification

Training Description Time Frame for Completion Date Training Recvd.

Charlotte Mecklenburg Certified Site Inspector (CMCSI).

Certification required within 6 months of hire.

185

Certified Storm Water BMP Inspection & Maintenance Professional (NC Cooperative Extension).

Certification required within 6 months of hire.

Intermittent and Perennial Streams Identification.

Certification required within 1 year of hire.

Wetland Delineation (Richard Chinn). Certification required within 1 year of hire.

Attend Hickory Workshop for intermediate and advanced Sedimentation and Erosion Control.

Attendance required within 1 year of hire.

Certified Professional in Erosion and Sediment Control (CPESC).

Certification strongly recommended within 3 years of hire (not required).

15 hours of continuing erosion control education must be obtained by every Inspector during the fiscal year.

Annual training required.

Date post:	17-May-2018
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