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Soil Erosion and Sedimentation Control Ordinance

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Soil Erosion and Sedimentation Control Ordinance Powered By Docstoc
					           Iredell County
        Planning and Zoning
       349 North Center Street
            P.O. Box 788
        Statesville, NC 28687



   Soil Erosion and
Sedimentation Control
      Ordinance




                           ADOPTED: December 05, 2006

                           AMENDED: June 16, 2009

                           EFFECTIVE: July 01, 2009
Iredell County Soil Erosion and
Sedimentation Control Ordinance


                                  TABLE OF CONTENTS

SECTION               TITLE                                                PAGE #
ARTICLE I             GENERAL                                                3
       101            TITLE                                                  3
       102            PREAMBLE                                               3
       103            PURPOSE                                                3
       104            PROTECTION OF PROPERTY                                 3
       105            AUTHORITY                                              3
       106            JURISDICTION                                           4
       107            SEVERABILITY                                           4
       108            EFFECTIVE DATE                                         4
       109            COMPLIANCE WITH ORDINANCE IS MANDATORY                 4
       110            DEFINITIONS                                            4


ARTICLE II            PERFORMANCE STANDARDS                                  8
       201            SCOPE AND EXCLUSIONS                                   8
       202            MANDATORY STANDARDS FOR LAND-DISTRUBING ACTIVITIES     9
       203            EROSION AND SEDIMENTATION CONTROL PLANS                10
       204            BASIC CONTROL OBJECTIVES                               13
       205            DESIGN AND PERFORMANCE STANDARDS                       13
       206            STORM WATER OUTLET PROTECTION                          14
       207            BORROW AND WASTE AREAS                                 16
       208            ACCESS AND HAUL ROADS                                  16
       209            OPERATIONS IN LAKES OR NATURAL WATERCOURSES            16
       210            RESPONSIBILITY FOR MAINTENANCE                         16
       211            ADDITIONAL MEASURES                                    16
       212            EXISTING UNCOVERED AREAS                               16


ARTICLE III           WATER SUPPLY WATERSHED AREAS                           18
       301            ESTABLISHMENT OF WATER SUPPLY WATERSHED AREAS          18
       302            LAND-DISTURBING ACTIVITY IN A WATER SUPPLY WATERSHED   18
       303            RULES GOVERNING THE INTERPRETATION OF WATER SUPPLY
                      WATERSHED                                              18




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Iredell County Soil Erosion and
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ARTICLE IV            ADMINISTRATION AND ENFORCEMENT             19
       401            FEES                                       19
       402            PLAN APPEALS                               19
       403            INSPECTIONS AND INVESTIGATIONS             19
       404            PENALTIES                                  21
       405            INJUNCTIVE RELIEF                          22
       406            RESTORATION AFTER NON-COMPLIANCE           22
       407            MISCELLANEOUS PROVISIONS                   22


APPENDICES
       A              WATER SUPPLY WATERSHED MAP
       B              NORTH CAROLINA WATER QUALITY REGULATIONS
       C              SAMPLE PRECIPITATION FREQUENCY ESTIMATE




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Iredell County Soil Erosion and
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     AN ORDINANCE TO PROVIDE FOR THE CONTROL OF SOIL EROSION AND
SEDIMENTATION.

      NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Iredell
County hereby adopts the following ordinance.

                                    Article I - General
Section 101 Title
This ordinance may be cited as the Iredell County Soil Erosion and Sedimentation Control
Ordinance.

Section 102    Preamble
The sedimentation of streams, lakes, and other waters of Iredell County constitute a major
pollution problem. Sedimentation occurs from the erosion or depositing of soil and other
materials into the waters, principally from construction sites and road maintenance.
The continued development of Iredell County will result in an intensification of pollution
through sedimentation unless timely and appropriate action is taken. Control of erosion and
sedimentation is deemed vital to the public interest and necessary to the public health and
welfare, and expenditures of funds for erosion and sedimentation control programs shall be
deemed for a public purpose. It is the purpose of this Ordinance to provide for the creation,
administration, and enforcement of a program and for the adoption of minimal mandatory
standards, which will permit development of Iredell County to continue with the least
detrimental effects from pollution by sedimentation. In recognition of the desirability of early
coordination of sedimentation control planning, it is the intention of Iredell County that pre-
construction conferences be held among the affected parties, if needed.

Section 103    Purpose
This ordinance is adopted for the purposes of:
(1) Regulating certain land-disturbing activity to control accelerated erosion and sedimentation
    in order to prevent the pollution of water and other damage to lakes, watercourses, and other
    public and private property by sedimentation; and
(2) Establishing procedures through which these purposes can be fulfilled.

Section 104    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 activities.

Section 105    Authority
This Ordinance is hereby adopted under the authority and provisions of the General Statues of
North Carolina, Chapter 113A, Article 4, Part 60 and the North Carolina Administrative Code,
Title 15A, Chapter 4.


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Section 106    Jurisdiction
The regulations contained herein, as provided in G.S. 113A, Article 4, The Sedimentation
Pollution Control Act of 1973, and Title 15A, Ch. 4 of the North Carolina Administrative Code,
Sediment Control, shall govern each and every land-disturbing activity within unincorporated
Iredell County, Statesville, and Troutman.

Section 107    Severability
Should any court of competent jurisdiction declare that any section or provision of this
Ordinance is invalid or unconstitutional; the declaration shall not affect the validity of this
Ordinance as a whole or any part thereof that is not specifically declared to be invalid or
unconstitutional.

Section 108    Effective Date

This Ordinance shall take effect and be in force on July 1, 2007. The Ordinance was adopted on
December 05, 2006 by the Iredell County Board of Commissioners.

Section 109    Compliance With Ordinance Required
All land-disturbing activity shall conform to the requirements of this Ordinance, and all
documentation shall be submitted in accordance with the procedures and specifications
established herein.

Section 110    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 Measure, Structure, or Device - means one that controls 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.
(g) Buffer Zone - means the strip of land adjacent to a lake or natural watercourse.
(h) Commission - means the North Carolina Sedimentation Control Commission.




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(i) 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.
(j) County – means Iredell County
(k) Department - means the North Carolina Department of Environment and Natural Resources.
(l) Director - means the Director of the Division of Land Resources of the Department of
    Environment and Natural Resources.
(m) Discharge Point - means that point at which storm water runoff leaves a tract of land.
(n) District - means the 8th Soil and Water Conservation District created pursuant to Chapter 139,
    North Carolina General Statutes.
(o) Energy Dissipater - means a structure or 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.
(p) Erosion - means the wearing away of land surfaces by the action of wind, water, gravity, or
    any combination thereof.
(q) Ground Cover - means any natural vegetative growth or other material that renders the soil
    surface stable against accelerated erosion.
(r) High Quality Waters - means waters that are rated as excellent based on biological and
    physical/chemical characteristics through monitoring or special studies, native and special
    native trout waters (and their tributaries) designated by the Wildlife Resources Commission,
    primary nursery areas (PNA) designated by the Marine Fisheries Commission and other
    functional nursery areas designated by the Marine Fisheries Commission, all water supply
    watersheds which are either classified as WS-I or WS-II or those for which a formal petition
    for reclassification as WS-I or WS-II has been received from the appropriate local
    government and accepted by the Division of Water Quality and all Class SA waters. (15A
    NCAC 2B.0101(e)(5)). See Appendix B.
(s) High Quality Water (HQW) Zones – means areas within one mile and draining to HQW’s.
(t) Lake or Natural 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.
(u) Land-disturbing Activity - means any use of the land by any person in residential, industrial,
    education, institutional, or commercial development, highway and road construction and
    maintenance that results in a change in the natural cover or topography and that may cause or
    contribute to sedimentation.
(v) 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.
(w) 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.



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(x) Parent – means an affiliate that directly, or indirectly through one or more intermediaries,
     controls another person.
(y) Person - 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.
(z) Person Conducting Land-Disturbing Activity - means any person who may be held
     responsible for violation unless expressly provided otherwise by this Ordinance, the Act, or
     any order adopted pursuant to this Ordinance or the Act.
(aa)   Person Responsible for the Violation - means:
           i. The developer or other person who has or holds himself out as having financial or
              operation control over the land-disturbing activity; or
           ii. The landowner or person in possession or control of the land that has directly or
               indirectly allowed the land-disturbing activity, or benefited from it or failed to
               comply with a duty imposed by any provision of this Ordinance, the Act, or any
               order adopted pursuant to this Ordinance or the Act.
(bb)   Phase of Grading - means one of two types of grading: rough or fine.
(cc)   Plan - means an erosion and sedimentation control plan.
(dd) 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.
(ee) 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 lake or
    natural watercourse.
(ff) Siltation - means sediment resulting from accelerated erosion which is precipitative or
     removable by properly designed, constructed, and maintained control measures; and which
     has been transported from its point of origin within the site of a land-disturbing activity; and
     which has been deposited, or is in suspension in water.
(gg) Storm Drainage Facilities - means the system of inlets, conduits, channels, ditches and
   appurtenances which serve to collect and convey storm water through and from a given
   drainage area.
(hh) Storm Water Runoff - means the surface flow of water resulting from precipitation in any
   form and occurring immediately after rainfall or melting.
(ii) Subsidiary – means an affiliate that is directly, or indirectly through one or more
     intermediaries, controlled by another person.
(jj) Ten-Year Storm - means the storm water runoff resulting from precipitation of an intensity
     that is 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. http://dipper.nws.noaa.gov/hdsc/pfds/orb/nc_pfds.html
     See Appendix C.
(kk) Tract - means all contiguous land and bodies of water being disturbed or to be disturbed
   as a unit, regardless of ownership.


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(ll) Twenty-five Year Storm - means the storm water runoff resulting from precipitation of an
     intensity that is 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 for the watershed of interest
     under average antecedent wetness conditions. http://dipper.nws.noaa.gov/hdsc/pfds/orb/nc_pfds.html
     See Appendix C.
(mm) Uncovered - means the removal of ground cover from, on, or above the soil surface.
(nn) 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.
(oo) Velocity - means the average velocity of flow through the cross section of the main
   channel at the peak flow of the storm of interest. 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.
(pp) Waste - means surplus materials resulting from on-site land-disturbing activities and
   being disposed of at other locations.
(qq) Water Supply Watershed Area – the region drained by or contributing water to a stream,
   lake, or other body of water used as a public water supply as defined by the Iredell County
   Watershed Ordinance and indicated on the Iredell County Watershed Map. See Map in
   Appendix A.
(rr) Working Days - means days exclusive of Saturday and Sunday during which weather
     conditions or soil conditions permit land-disturbing activity to be undertaken.




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                         Article II – Performance Standards
Section 201    Scope and Exclusions
(a) Geographical Scope of Regulated Land-Disturbing Activity. This ordinance shall apply to
    land-disturbing activity within the territorial jurisdiction of the County and to the
    extraterritorial jurisdiction of the County as allowed by agreement between local
    governments, the extent of annexation or other appropriate legal instrument or law.
(b) Erosion and Sedimentation Control Measures. All Land-disturbing Activities, including those
    that disturb less than one (1) acre (one half (1/2) acre in a water supply watershed area), shall
    provide adequate erosion control measures, structures, or devices in accordance with this
    Ordinance.
(c) Exclusions from Regulated Land-Disturbing Activity. Notwithstanding the general
    applicability of this ordinance to all land-disturbing activity, this ordinance shall not apply to
    the following types of land-disturbing activity:
   (1) An activity, including breeding and grazing of livestock, undertaken on agricultural land
       for the production of plants and animals useful to man and for personal consumption or
       commercial resale, including, but not limited to:
       (i) Forage and sod crops, grain and feed crops, tobacco, cotton, and peanuts.
       (ii) Dairy animals and dairy products.
       (iii)Poultry and poultry products.
       (iv) Livestock, including beef cattle, sheep, swine, horses, ponies, mules, and goats.
       (v) Bees and apiary products.
       (vi) Fur producing animals.
   (2) An Activity undertaken on forestland for the production and harvesting of timber and
       timber products and conducted in accordance with best management practices set out in
       Forest Practice Guidelines Related to Water Quality, as adopted by the Department.
       If land-disturbing activity undertaken on forestland for the production and harvesting of
       timber and timber products is not conducted in accordance with Forest Practice
       Guidelines Related to Water Quality, the provisions of this ordinance shall apply to such
       activity and any related land-disturbing activity on the tract.
   (3) An activity for which a permit is required under the Mining Act of 1971, Article 7 of
       Chapter 74 of the General Statutes.
   (4) A land-disturbing activity over which the State has exclusive regulatory jurisdiction.
       This includes activities that are conducted by the State of North Carolina, the United
       States, entities having power of eminent domain, local governments, or are funded in
       whole or in part by the United States or the State as provided in G.S. 113A-56(a).
   (5) An activity that is essential to protect human life during an emergency.




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(d) Plan Approval Requirement for Land-Disturbing Activity. No person shall undertake any
    land-disturbing activity subject to this ordinance without first obtaining a Plan approval
    therefore from the County.
(e) 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.
(f) More Restrictive Rules Shall Apply - Whenever conflicts exist between federal, state, or
    local laws, ordinances, or rules, the more restrictive provision shall apply.
(g) Plan Approval Exceptions. Notwithstanding the general requirement to obtain a Plan
    approval prior to undertaking land-disturbing activity, a Plan approval shall not be required
    for land-disturbing activity that does not exceed 43,560 square feet in surface area (21,780
    square feet in a water supply watershed area). In determining the area, lands under one or
    diverse ownership being developed as a unit will be aggregated.

Section 202     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) Buffer zone
    (1) Standard Buffer. No land-disturbing activity during periods of construction or
        improvement to land shall be permitted in proximity to a lake or natural watercourse
        unless a buffer zone is provided along the margin of the watercourse of sufficient width
        to confine visible siltation within the twenty-five percent (25%) of the buffer zone nearest
        the land-disturbing activity.
        (i) Projects On, Over or Under Water. This subdivision shall not apply to a land-
            disturbing activity in connection with the construction of facilities to be located on,
            over, or under a lake or natural watercourse.
        (ii) Buffer Measurement. Unless otherwise provided, the width of a buffer zone is
        measured horizontally from the edge of the water to the nearest edge of the disturbed
        area, with the 25 percent of the strip nearer the land-disturbing activity containing natural
        or artificial means of confining visible siltation. For rivers, measurement starts “at the
        most landward limit of the top of the bank. For lakes, measurement starts at the "most
        landward limit of the full-pond level.”

(b) Graded Slopes and Fills. The angle for graded slopes and fills shall be no greater than the
    angle that can be retained by vegetative cover or other adequate erosion control devices or
    structures. In any event, slopes left exposed will, within 21 calendar days of completion of
    any phase of grading, be planted or otherwise provided with temporary or permanent ground
    cover, devices, or structures sufficient to restrain erosion. The angle for graded slopes and
    fills must be demonstrated to be stable. Stable is the condition where the soil remains in its
    original configuration, with or without mechanical constraints.
(c) Fill Material. Unless a permit from the Department’s Division of Waste Management to
    operate a landfill is on file for the official site, acceptable fill material shall be free of organic
    or other degradable materials, masonry, concrete and brick in sizes exceeding twelve (12)



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   inches, and any materials which would cause the site to be regulated as a landfill by the State
   of North Carolina.
(d) Ground Cover. Whenever land-disturbing activity is undertaken on a tract, the person
    conducting the land-disturbing activity shall install erosion and sedimentation control devices
    and practices that are sufficient to retain the sediment generated by the land-disturbing
    activity within the boundaries of the tract during construction upon and development of said
    tract, and shall plant or otherwise provide a viable permanent ground cover sufficient to
    restrain erosion after completion of construction or development. The viable permanent
    ground cover must be established prior to the removal of existing erosion control measures.
    Except as provided in Section 205(b)(5) of this ordinance, provisions for a ground cover
    sufficient to restrain erosion must be accomplished within 15 working days or 90 calendar
    days following completion of construction or development, whichever period is shorter.
(e) Prior Plan Approval. No person shall initiate any land-disturbing activity that will disturb
    more than one (1) acre (more than one half (1/2) acre in a water supply watershed area) on a
    tract unless, thirty (30) or more days prior to initiating the activity, a Plan for the activity is
    filed with and approved by the County. The County shall forward to the Director of the
    Division of Water Quality a copy of each Plan for a land-disturbing activity that involves the
    utilization of ditches for the purpose of de-watering or lowering the water table of the tract.
(f) The land-disturbing activity shall be conducted in accordance with the approved erosion and
    sedimentation control plan.

Section 203    Erosion and Sedimentation Control Plans
(a) Plan Submission. A Plan shall be prepared for all land-disturbing activities subject to this
    ordinance whenever the proposed activity will disturb more than one acre on a tract (one half
    (1/2) acre in a water supply watershed). Two (2) copies of the Plan shall be filed with the
    County.
(b) Financial Responsibility and Ownership. Plans may be disapproved unless accompanied by
    an authorized statement of financial responsibility and ownership. The person financially
    responsible for the land-disturbing activity or his attorney in fact shall sign this statement.
    The statement shall include the mailing and street addresses of the principal place of business
    of (1) the person financially responsible, (2) the owner of the land, and (3) any 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 notice of
    compliance or non-compliance with the Plan, the Act, this ordinance, or rules or orders
    adopted or issued pursuant to this ordinance. 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.
(c) Environmental Policy Act Document. Any Plan submitted for a land-disturbing activity that
    requires an environmental document (i.e. environmental assessment, environmental impact
    statement, or a finding of no significant impact) by the North Carolina Environment Policy
    Act (G.S. 113A-1, et seq.) must provide a complete environmental document before the Plan
    can be approved. Typically, an environmental document would be required for projects on
    public lands.


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(d) Content. The Plan required by this section 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 and satisfy the standards contained within the North Carolina
    Erosion and Sediment Control Planning and Design Manual. Plan content may vary to meet
    the needs of specific site requirements. Detailed guidelines for Plan preparation may be
    obtained from the County, on request.
(e) Timeline for Decisions on Plans. The County will review each complete Plan submitted to
    them and within 30 days of receipt thereof will notify the person submitting the Plan that it
    has been approved, approved with modifications, approved with performance reservations, or
    disapproved. Failure to approve, approve with modifications, or disapprove a complete Plan
    within 30 days of receipt shall be deemed approval.
   The county will review each revised Plan submitted to them and within 15 days of receipt
   thereof will notify the person submitting the Plan that it has been approved, approved with
   modifications, approved with performance reservations, or disapproved. Failure to approve,
   approve with modifications, or disapprove a revised Plan within 15 days of receipt shall be
   deemed approval.
(f) Approval. The County shall only approve a Plan upon determining that it complies with all
    applicable State and local regulations for erosion and sedimentation control. Approval
    assumes the applicant’s compliance with the federal and state water quality laws, regulations
    and rules. The County shall conditionally approve Plans based upon the applicant’s
    compliance with federal and state water quality laws, regulations and rules. The County may
    establish an expiration date, not to exceed three (3) years, for Plans approved under this
    ordinance.
(g) Disapproval for Content. The County shall disapprove a Plan or draft Plan based on its
    content. A disapproval based upon a Plan’s content must specifically state in writing the
    reasons for disapproval.
(h) Other Disapprovals. The County may disapprove a Plan or Draft Plans if implementation of
    the Plan would result in a violation of the rules adopted by the Environmental Management
    Commission to protect riparian buffers along surface waters. A local government may
    disapprove a Plan upon finding that an applicant, or a parent, subsidiary, or other affiliate of
    the applicant:
   (i) Is conducting or has conducted land-disturbing activity without an approved Plan, or has
       received notice of violation of a Plan previously approved by the Commission or a local
       government pursuant to the Act and has not complied with the notice within the time
       specified in the notice;
   (ii) 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.
   (iii)Has been convicted of a misdemeanor for knowing or willful violation of any
        provision(s) of this Article or any ordinance, rule, regulation, or order duly adopted or
        issued by the Commission or a local government, or who knowingly or willfully initiated
        or continued a land-disturbing activity for which an erosion and sedimentation control
        plan was required, except in accordance with the terms, conditions, and provisions of an


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       approved plan pursuant to G. S. 113A-64(b) or any criminal provision of a local
       ordinance adopted pursuant to the Act or;
   (iv) Has failed to substantially comply with State rules or local ordinances and regulations
        adopted pursuant to the Act.
For purposes of this subsection, an applicant’s record may be considered for only the two years
prior to the application date.
In the event that a Plan is disapproved pursuant to this subsection, the County shall notify the
Director of such disapproval within ten (10) days. The County shall advise the applicant and the
Director in writing as to the specific reasons that the Plan was disapproved.
(i) Notice of Activity Initiation. No person may initiate a land-disturbing activity before
    notifying the agency that issued the Plan approval of the date that land-disturbing activity
    will begin.
(j) Pre-construction Conference. When deemed necessary by the approving authority, a pre-
    construction conference may be required.
(k) Display of Plan Approval. A Plan approval issued under this article shall be prominently
    displayed until all construction is complete, all permanent sedimentation and erosion control
    measures are installed and the site has been stabilized. A copy of the approved plan shall be
    kept on file at the job site.
(l) Required Revisions. After approving a Plan, if the County either upon review of such Plan or
    on inspection of the job site, determines that a significant risk of accelerated erosion or off-
    site sedimentation exists, the County shall require a revised Plan. Pending the preparation of
    the revised Plan, work shall cease or shall continue under conditions outlined by the
    appropriate authority. If following commencement of a land-disturbing activity pursuant to
    an approved Plan, the County determines that the Plan is inadequate to meet the requirements
    of this ordinance; the County may require any revision of the Plan that is necessary to
    comply with this ordinance.
(m) Amendment to a Plan. Applications for amendment of a Plan in written and/or graphic form
    may be made at any time under the same conditions as the original application. Until such
    time as said amendment is approved by the County, the land-disturbing activity shall not
    proceed except in accordance with the Plan as originally approved.
(n) Failure to File a Plan. Any person engaged in land-disturbing activity that fails to file a Plan
    in accordance with this ordinance, or who conducts a land-disturbing activity except in
    accordance with provisions of an approved Plan shall be deemed in violation of this
    ordinance.
(o) Phase Inspections. The landowner, the financially responsible party, or the landowner’s or
    financially responsible party’s agent shall perform an inspection of the area covered by the
    plan after each phase of the plan has been completed and after establishment of temporary
    ground cover in accordance with G.S. 113A-57(2). The person who performs the inspection
    shall maintain and make available a record of the inspection at the site of the land-disturbing
    activity. The record shall set out any significant deviation from the approved erosion control
    plan, identify any measures that may be required to correct the deviation, and document the
    completion of those measures. The record shall be maintained until permanent ground cover


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   has been established as required by the approved erosion and sedimentation control plan. The
   inspections required by this subsection shall be in addition to inspections required by G.S.
   113A-61.1.

Section 204    Basic Control Objectives
An erosion and sedimentation control Plan may be disapproved if the Plan fails 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 activities are 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 off-site 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, a Plan is to include measures to control the velocity to the point of
    discharge so as to minimize accelerated erosion of the site and increased sedimentation of the
    stream.

Section 205    Design and Performance Standards
(a) Maximum Peak Rate of Runoff. Except as provided in Section 205(b)(2) of this ordinance,
    erosion and sedimentation control measures, structures, and devices shall be planned,
    designed, and constructed to provide protection from the calculated maximum peak rate of
    runoff from the ten-year storm. Runoff rates shall be calculated using the procedures
    included in but not limited to the “North Carolina Erosion and Sediment Control Planning
    and Design Manual”.
(b) HQW Zones. In High Quality Water (HQW) zones the following design standards shall
    apply:
   (1) Limit on Uncovered Area. Uncovered areas in HQW zones shall be limited at any time to
       a maximum total area of twenty acres within the boundaries of the tract. Only the portion
       of the land-disturbing activity within a HQW zone shall be governed by this section.
       Larger areas may be uncovered within the boundaries of the tract with the written
       approval of the Director.
   (2) Maximum Peak Rate of Runoff Protection. Erosion and sedimentation control measures,
       structures, and devices within HQW zones shall be planned, designed and constructed to
       provide protection from the runoff of the twenty-five year storm which produces the
       maximum peak rate of runoff as calculated according to procedures in the “North


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       Carolina Erosion and Sediment Control Planning and Design Manual” or according to
       procedures adopted by any other agency of this state or the United States or any generally
       recognized organization or association.
    (3) Settling Efficiency. Sediment basins within HQW zones shall be designed and
        constructed such that the basin will have a settling efficiency of at least 70% for the 40
        micron (0.04 millimeter) size soil particle transported into the basin by the runoff of that
        two year storm which produces the maximum peak rate of runoff as calculated according
        to procedures in the “North Carolina Erosion and Sediment Control Planning and Design
        Manual” or according to procedures adopted by any other agency of this state or the
        United States or any generally recognized organization or association.
   (4) Grade. Newly constructed open channels in HQW zones shall be designed and
       constructed with side slopes no steeper than two horizontal to one vertical if a vegetative
       cover is used for stabilization unless soil conditions permit a steeper slope or where the
       slopes are stabilized by using mechanical devices, structural devices or other acceptable
       ditch liners. In any event, the angle for side slopes shall be sufficient to restrain
       accelerated erosion.
   (5) Ground Cover. Ground cover sufficient to restrain erosion must be provided for any
       portion of a land-disturbing activity in a HQW zone within 15 working days or 60
       calendar days following completion of construction or development, whichever period is
       shorter.

SECTION 206           Storm Water Outlet Protection
(a) Intent. Stream banks and channels downstream from any land-disturbing activity shall be
    protected from increased degradation by accelerated erosion caused by increased velocity of
    runoff from the land-disturbing activity.
(b) Performance Standard. Persons shall 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 Maximum Permissible Velocities Table set out within this
       subsection; or
   (2) The velocity of the ten-year storm runoff in the receiving watercourse prior to
       development.
If condition (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%.




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                             Maximum Permissible Velocities Table
The following is a table for maximum permissible velocity for storm water discharges in feet per
second (F.P.S.) and meters per second (M.P.S.):


                   Material                   F.P.S.    M.P.S.
 Fine sand (noncolloidal)                      2.5       0.8
 Sandy loam (noncolloidal)                     2.5       0.8
 Silt loam (noncolloidal)                      3.0       0.9
 Ordinary firm loam                            3.5       1.1
 Fine gravel                                   5.0       1.5
 Stiff clay (very colloidal)                   5.0       1.5
                                                                        Source: Adapted from
 Graded, loam to cobbles (noncolloidal)        5.0       1.5            recommendations by Special
                                                                        Committee on Irrigation
 Graded, silt to cobbles (colloidal)           5.5       1.7            Research, American Society of
 Alluvial silts (noncolloidal)                 3.5       1.1            Civil Engineers, 1926, for
                                                                        channels with straight
 Alluvial silts (colloidal)                    5.0       1.5            alignment. For sinuous
                                                                        channels, multiply allowable
 Coarse gravel (noncolloidal)                  6.0       1.8            velocity by 0.95 for slightly
                                                                        sinuous, by 0.9 for moderately
 Cobbles and shingles                          5.5       1.7            sinuous channels, and by 0.8
                                                                        for highly sinuous channels.
 Shales and hard pans                          6.0       1.8

(c) Acceptable Management Measures - Measures applied alone or in combination to satisfy the
    intent of this section are acceptable if there are no objectionable secondary consequences.
    The County recognizes that the management of storm water runoff to minimize or control
    downstream channel and bank erosion is a developing technology. Innovative techniques and
    ideas will be considered and may be used when shown to have the potential to produce
    successful results.
   Some alternatives, while not exhaustive, are to:
    (1) Avoid increases in surface runoff volume and velocity by including measures to promote
        infiltration to compensate for increased runoff from areas rendered impervious;
   (2) Avoid increases in storm water discharge velocities by using vegetated or roughened
       swales and waterways in place of closed drains and high velocity paved sections:
   (3) Provide energy dissipaters at outlets of storm drainage facilities to reduce flow velocities
       to the point of discharge;
   (4) Protect watercourses subject to accelerated erosion by improving cross sections and/or
       providing erosion-resistant lining; and
   (5) Upgrade or replace the receiving device structure or watercourse such that it will receive
       and conduct the flow to a point where it is no longer subject to degradation from the
       increased rate of flow or increased velocity.
(d) Exceptions - This rule shall not apply where it can be demonstrated to the County that storm
    water discharge velocities will not create an erosion problem in the receiving watercourse.



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Section 207    Borrow and Waste Areas
When the person conducting the land-disturbing activity is also the person conducting the
borrow or waste disposal activity, areas from which borrow is obtained and which are not
regulated by the provisions of the Mining Act of 1971, and waste areas for surplus materials
other than landfills regulated by the Department’s Division of Waste Management shall be
considered as part of the land-disturbing activity where the borrow material is being used or from
which the waste material originated. When the person conducting the land-disturbing activity is
not also the person obtaining borrow and/or disposing of the waste, the areas shall be considered
a separate land-disturbing activity.

Section 208    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.

Section 209    Operations in Lakes or Natural Watercourses
Land-disturbing activity in connection with construction in, on, over, or under a lake or natural
watercourse shall minimize the extent and duration of disruption of the stream channel. Where
relocation of a stream forms an essential part of the proposed activity, the relocation shall
minimize unnecessary changes in the stream flow characteristics.

Section 210    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 site development, the landowner or person in
possession or control of the land shall install and/or maintain all necessary permanent erosion
and sediment control measures, except those measures installed within a road or street right-of-
way or easement accepted for maintenance by a governmental agency.

Section 211    Additional Measures
Whenever the County determines that significant erosion and sedimentation is occurring as a
result of land-disturbing activity, despite application and maintenance of protective practices, the
person conducting the land-disturbing activity will be required to and shall take additional
protective action.

Section 212    Existing Uncovered Areas
(a) All uncovered areas existing on the effective date of this ordinance which resulted from land-
    disturbing activity, exceed one acre (one half (1/2) acre or greater in a water supply watershed
    area), are subject to continued accelerated erosion, and are causing off-site damage from
    sedimentation, shall be provided with a ground cover or other protective measures,
    structures, or devices sufficient to restrain accelerated erosion and control off-site
    sedimentation.
(b) The County shall serve upon the landowner or other person in possession or control of the
    land a written notice to comply with the Act, this ordinance, a rule or order adopted or issued


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   pursuant to the Act by the North Carolina Sedimentation Control Commission or by Iredell
   County. The notice to comply shall be sent by registered or certified mail, return receipt
   requested, or other means provided in GS 1A-1, Rule 4. The notice will set forth the
   measures needed to comply and will state the time within which such measures must be
   completed. In determining the measures required and the time allowed for compliance, the
   authority serving notice should take into consideration the economic feasibility, technology,
   and quantity of work required, and shall set reasonable and attainable time limits of
   compliance.
(c) The County reserves the right to require preparation and approval of a Plan in any instance
    where extensive control measures are required.
(d) This rule shall not require ground cover on cleared land forming the future basin of a planned
    reservoir.




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                          Article III – Water Supply Watershed Areas
Section 301          Establishment of Water Supply Watershed Areas
For purposes of this Ordinance, Iredell County contains the following water supply watershed
areas:
          WS-II-BW             (Balance of Water Supply Watershed)
          WS-III-BW            (Balance of Water Supply Watershed)
          WS-IV-CA             (Critical Area)
          WS-IV-PA             (Protected Area)
(See the Iredell County Watershed Map in Appendix A)


Section 302          Land Disturbing Activity in a Water Supply Watershed
A Soil Erosion and Sedimentation Plan must be submitted and approved in accordance with the
procedures contained within this ordinance where land-disturbing activity of one half (1/2) acre or
greater will occur in a water supply watershed area as defined by the Iredell County Watershed
Ordinance and the Iredell County Watershed Map.
Section 303 Rules Governing the Interpretation of Water Supply Watershed Area
Boundaries.
Where uncertainty exists as to the boundaries of the water supply watershed areas, as shown on
the Watershed Map, the following rules shall apply:
(a) Where area boundaries are indicated as approximately following either street, alley, railroad
or highway lines or centerlines thereof, such lines shall be construed to be said boundaries.
(b) Where area boundaries are indicated as approximately following lot lines, such lot lines shall
be construed to be said boundaries. However, a surveyed plat prepared by a registered land
surveyor may be submitted to Iredell County as evidence that one or more properties along these
boundaries do not fall within the water supply watershed area.
(c) Where the water supply watershed area boundaries lie at a scaled distance more than twenty-
five (25) feet from any parallel lot line, the location of water supply watershed area boundaries
shall be determined by use of the scale appearing on the watershed map.
(d) Where the water supply watershed area boundaries lie at a scaled distance of twenty-five (25)
feet or less from any parallel lot line, the location of water supply watershed area boundaries
shall be construed to be the lot line.
(e) Where other uncertainty exists, the Erosion Control Administrator shall interpret the
Watershed Map as to location of such boundaries. This decision may be appealed to the Board
of Adjustment.




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            ARTICLE IV – Administration and Enforcement
Section 401    Fees
(a) The County Commissioners shall establish a fee schedule for the review and approval of
    Plans.
(b) In establishing the fee schedule, the County shall consider the administrative and personnel
    costs incurred for reviewing the Plans and for related compliance activities.

Section 402    Plan Appeals
(a) Except as provided in Section 402(b) of this ordinance, the appeal of a disapproval or
    approval with modifications of a Plan shall be governed by the following provisions:
   1) The disapproval or modification of any proposed Plan by the County shall entitle the
      person submitting the Plan to a public hearing if such person submits written demand for
      a hearing within fifteen (15) days after receipt of written notice of disapproval or
      modifications.
   2) The Board of Adjustment shall, pursuant to this section, conduct a hearing within sixty
      (60) days of the date of a timely written request for a hearing. If a hearing is not
      conducted within sixty (60) days of the date of a timely written request for a hearing, then
      the appeal will be found in favor of the appellant.
   3) The Board of Adjustment will render its final decision on any Plan following the
      completion of the hearings.
   4) If the Board of Adjustment upholds the disapproval or modification of a proposed Plan
      following the hearing, the person submitting the Plan shall then be entitled to appeal the
      County’s decision to the Sedimentation Control Commission as provided in G.S. 113A-
      61(c) and 15A NCAC 4B .0118(d).
(b) In the event that a Plan is disapproved pursuant to Article II, Section 203(i) of this ordinance,
    the applicant may appeal the County’s disapproval of the plan directly to the Commission.

Section 403    Inspections and Investigations
(a) Inspection. Agents, officials, or other qualified persons authorized by the County will
    periodically inspect land-disturbing activities to ensure compliance with the Act, this
    ordinance, or rules or orders adopted or issued pursuant to this ordinance, and to determine
    whether the measures required in the Plan are effective in controlling erosion and
    sedimentation resulting from land-disturbing activity. Notice of the right to inspect shall be
    included in the certificate of approval of each Plan.
(b) Willful Resistance, Delay or Obstruction. No person shall willfully resist, delay, or obstruct
    an authorized representative, employee, or agent of the County while that person is
    inspecting or attempting to inspect a land-disturbing activity under this section.
(c) Notice of Violation. If the County determines 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, a notice of violation shall be served upon that person. The


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   notice may be served by any means authorized under GS 1A-1, Rule 4. The notice shall
   specify a date, by which the person must comply with the Act, or this ordinance, or rules, or
   orders adopted pursuant to this ordinance, and inform the person of the actions that need to
   be taken to comply with the Act, this ordinance, or rules or orders adopted pursuant to this
   ordinance. Any person who fails to comply within the time specified is subject to additional
   civil and criminal penalties for a continuing violation as provided in G.S. 113A-64 and this
   ordinance.
(d) Investigation. The County 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.
(e) Statements and Reports. The County shall also have the power to require written statements,
    or filing of reports under oath, with respect to pertinent questions relating to land-disturbing
    activity.
(f) Final Certificate of Occupancy.
   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 Iredell 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 Board of Adjustment 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.
   (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.
   (6) Any person conducting land-disturbing activities that has been denied a Certificate of
       Occupancy under the provisions in this Ordinance may make a written appeal of the
       decision to the Board of Adjustment.
(g) Stop Work Orders. Whenever a building, sign, or structure, or part thereof is being
   constructed, reconstructed, altered, or repaired in violation of this ordinance, the Erosion
   Control Administrator or Enforcement Officer may order the work to be immediately
   stopped. The stop order shall be in writing and directed to the owner, occupant, or person
   doing the work. The stop order shall state the specific work to be stopped, the specific


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   reasons for the stoppage, and the conditions under which the work may be resumed. Such
   action shall be in accordance with N.C.G.S. 160A-421 or 153-361, as applicable, or the NC
   Building Code.

Section 404    Penalties
(a) Civil Penalties
   (1) Civil Penalty for a Violation. Any person who violates any of the provisions of this
       ordinance, or rule or order 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. The minimum civil penalty that the County shall assess per violation is two
       hundred fifty dollars ($250) for the first acre and one hundred dollars ($100) for each
       subsequent acre rounded up to the next whole acre. For water supply watershed sites
       under one (1) acre, the minimum civil penalty is one hundred dollars ($100). A civil
       penalty may be assessed from the date of the violation. Each day of a continuing violation
       shall constitute a separate violation.
    (2) Civil Penalty Assessment Factors. The County shall determine the amount of the civil
       penalty based upon the following factors:
       (i) the degree and extent of harm caused by the violation,
       (ii) the cost of rectifying the damage,
       (iii) the amount of money the violator saved by noncompliance,
       (iv) whether the violation was committed willfully, and
       (v) the prior record of the violator in complying or failing to comply with this ordinance.
    (3) Notice of Civil Penalty. The County shall provide notice of the civil penalty amount and
        basis for assessment to the person assessed. 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, within fifteen (15) days after receipt of the
        notice of assessment, by filing a petition for contested case in the Office of
        Administrative Hearing in accordance with Article 3 of Chapter 150B of the General
        Statutes.
   (4) Final Agency Decision. The final agency decision shall be made by the Secretary of the
       Department of Environment and Natural Resources in accordance with Articles 3 and 4
       of Chapter 150B of the General Statutes.
   (5) Appeal of Final Decision. Appeal from the final decision of the Secretary of the
       Department shall be to the Superior Court of Iredell County where the violation occurred.
       Such appeals must be made within 30 days of the final decision of the Secretary of the
       Department.
   (6) Collection. If payment is not received within thirty (30) days after it is due, the County
       may institute a civil action to recover the amount of the assessment. The civil action may
       be brought in the Superior Court of Iredell County. Such civil actions 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



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       that is contested is due at the conclusion of the administrative and judicial review of the
       assessment.
   (7) Credit of Civil Penalties. Civil penalties collected pursuant to this ordinance shall be
       credited to the Civil Penalty and Forfeiture Fund.
       [Note: Case law on an air quality delegated program determined that civil penalties assessed by local governments pursuant to a
       State delegation had to be remitted to the Civil Penalty and Forfeiture Fund for the benefit of the local school boards pursuant to the
       State Constitution’s provision on State penalties, fines and forfeitures.]

(b) Criminal Penalties. Any person who knowingly or willfully violates any provision of this
    ordinance, or rule or order adopted or issued pursuant to this ordinance, or who knowingly or
    willfully 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, shall be guilty
    of a Class 2 misdemeanor which may include a fine not to exceed $5,000 as provided in G.S.
    § 113A-64.

Section 405       Injunctive Relief
(a) Violation of Local Program. Whenever the governing body has reasonable cause to believe
    that any person is violating or threatening to violate any ordinance, rule, regulation or order
    adopted or issued by the County or any term, condition, or provision of an approved Plan, it
    may, either before or after the institution of any other action or proceeding authorized by this
    ordinance, institute a civil action in the name of the County for injunctive relief to restrain
    the violation or threatened violation. The action shall be brought in the Iredell County
    Superior Court.
(b) Abatement of Violation. Upon determination by a court that an alleged violation is occurring
    or is threatened, the court shall enter any order or judgment that is necessary to abate the
    violation, to ensure that restoration is performed, or to prevent the threatened violation. The
    institution of an action for injunctive relief under this section shall not relieve any party to the
    proceedings from any civil or criminal penalty prescribed for violations of this ordinance.
    The County shall issue no building, zoning, or environmental permits to the violator until
    such violation is abated.

Section 406       Restoration After Non-Compliance
The County may require a person who engaged in a land-disturbing activity and failed to retain
sediment generated by the activity, as required by G.S. 113A-57 (3), 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 or criminal penalty or injunctive
relief authorized under this ordinance.

Section 407       Miscellaneous Provisions
(a) No Private Right of Action. This ordinance is not intended to and does not create any private
    right of action in favor of any person or entity for negligence, inadvertence, or oversight by
    Iredell County, its agents or employees, in the interpretation, construction or enforcement of
    any of the terms or provisions hereof. No action or inaction by Iredell County or its agents or
    employees shall give rise to any cause of action against either Iredell County or its agents or
    employees.



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(b) No Waiver. Iredell County has determined that it is not in its best interest to waive its
    immunity with regard to the adoption, interpretation, construction and enforcement of the
    terms of this ordinance. Iredell County therefore does not by the enactment hereof, waive
    any defense it might have including the defense of governmental immunity for damages to
    person or injury to property as a result of its activities in the adoption, construction,
    interpretation and enforcement of this ordinance except to the extent Iredell County is fully
    insured.




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Appendix A: Water Supply Watershed Map




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Appendix B: North Carolina Water Quality Regulations




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                   SUBCHAPTER 2B - SURFACE WATER AND WETLAND STANDARDS

       SECTION .0100 - PROCEDURES FOR ASSIGNMENT OF WATER QUALITY STANDARDS


15A NCAC 02B .0101           GENERAL PROCEDURES
(a) The rules contained in Sections .0100, .0200 and .0300 of this Subchapter which pertain to the series of
classifications and water quality standards shall be known as the "Classifications and Water Quality Standards
Applicable to the Surface Waters and Wetlands of North Carolina."
(b) The Environmental Management Commission, prior to classifying and assigning standards of water quality to
any waters of the state, shall proceed as follows:
          (1)       The Commission, or its designee, shall determine waters to be studied for the purpose of
                  classification and assignment of water quality standards on the basis of user requests, petitions, or
                  the identification of existing or attainable water uses, as defined by 15A NCAC 2B .0202, not
                  presently included in the water classification.
          (2)      After appropriate studies of the identified waters to obtain the data and information required for
                  determining the proper classification of the waters or segments of water are completed, the
                  Commission, or its designee, shall make a decision on whether to initiate proceedings to modify
                  the classifications and water quality standards of identified waters. In the case of the
                  Commission's designee deciding to initiate said proceedings, the designee shall inform the
                  Commission of the decision prior to scheduling a public hearing.
          (3)      In the case of a petition for classification and assignment of water quality standards according to
                  the requirements of General Statute 150B-20, the Director shall make a preliminary
                  recommendation on the appropriate classifications and water quality standards of the identified
                  waters on the basis of the study findings or information included in the petition supporting the
                  classification and standards changes.
          (4)      The Commission shall make a decision on whether to grant or deny a petition in accordance with
                  the provisions of General Statute 150B-20 based on the information included in the petition and
                  the recommendation of the Director. The Commission may deny the petition and request that the
                  Division study the appropriate classifications and water quality standards for the petitioned waters
                  in accordance with Subparagraph (b)(2) of this Rule.
          (5)       The Director shall give due notice of such hearing or hearings in accordance with the
                  requirements of General Statute 143-214.1 and G.S. 150B, and shall appoint a hearing officer(s) in
                  consultation with the chairman of the Commission.
          (6)      The hearing officer(s) shall, as soon as practicable after the completion of the hearing, submit a
                  complete report of the proceedings of the hearing to the Commission. The hearing officer(s) shall
                  include in the report a transcript or summary of testimony presented at such public hearing,
                  relevant exhibits, a summary of relevant information from the stream studies conducted by the
                  technical staff of the Commission, and final recommendations as to classification of the
                  designated waters and the standards of water quality and best management practices which should
                  be applied to the classifications recommended.
          (7)      The Commission, after due consideration of the hearing records and the final recommendations of
                  the hearing officer(s), shall adopt its final action with respect to the assignment of classifications,
                  and any applicable standards or best management practices applicable to the waters under
                  consideration. The Commission shall publish such action, together with the effective date for the
                  application of the provisions of General Statute 143-215.1 and 143-215.2, as amended, as a part of
                  the Commission's official rules.
          (8)       The final action of the Commission with respect to the assignment of classification with its
                  accompanying standards and best management practices shall contain the Commission's
                  conclusions relative to the various factors given in General Statute 143-214.1(d), and shall
                  specifically include the class or classes to which such specifically designated waters in the
                  watershed or watersheds shall be assigned on the basis of best usage in the interest of the public.
(c) Freshwater shall be assigned to one of the following classification:
          (1)       Class C: freshwaters protected for secondary recreation, fishing, aquatic life including
                  propagation and survival, and wildlife. All freshwaters shall be classified to protect these uses at a
                  minimum.


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         (2)      Class B: freshwaters protected for primary recreation which includes swimming on a frequent or
                 organized basis and all Class C uses.
         (3)      Class WS-I: waters protected as water supplies which are essentially in natural and undeveloped
                 watersheds. Point source discharges of treated wastewater are permitted pursuant to Rules .0104
                 and .0211 of this Subchapter. Local programs to control nonpoint sources and stormwater
                 discharges of pollution are required. Suitable for all Class C uses.
         (4)       Class WS-II: waters protected as water supplies which are generally in predominantly
                 undeveloped watersheds. Point source discharges of treated wastewater are permitted pursuant to
                 Rules .0104 and .0211 of this Subchapter. Local programs to control nonpoint sources and
                 stormwater discharges of pollution shall be required. Suitable for all Class C uses.
         (5)       Class WS-III: waters protected as water supplies which are generally in low to moderately
                 developed watersheds. Point source discharges of treated wastewater are permitted pursuant to
                 Rules .0104 and .0211 of this Subchapter. Local programs to control nonpoint sources and
                 stormwater discharges of pollution shall be required. Suitable for all Class C uses.
         (6)       Class WS-IV: waters protected as water supplies which are generally in moderately to highly
                 developed watersheds. Point source discharges of treated wastewater are permitted pursuant to
                 Rules .0104 and .0211 of this Subchapter. Local programs to control nonpoint sources and
                 stormwater discharges of pollution shall be required; suitable for all Class C uses.
         (7)      Class WS-V: waters protected as water supplies which are generally upstream of and draining to
                 Class WS-IV waters. No categorical restrictions on watershed development or treated wastewater
                 discharges shall be required. However, the Commission or its designee may apply appropriate
                 management requirements as deemed necessary for the protection of downstream receiving waters
                 (15A NCAC 2B .0203); suitable for all Class C uses.
         (8)       Class WL: waters that meet the definition of wetlands found in 15A NCAC 2B .0202 except
                 those designated as Class SWL.
(d) Tidal Salt Waters shall be assigned to one of the following:
         (1)       Class SC: saltwaters protected for secondary recreation, fishing, aquatic life including
                 propagation and survival, and wildlife. All saltwaters shall be classified to protect these uses at a
                 minimum.
         (2)      Class SB: saltwaters protected for primary recreation which includes swimming on a frequent or
                 organized basis and all Class SC uses.
         (3)      Class SA: suitable for commercial shellfishing and all other tidal saltwater uses.
         (4)      Class SWL: waters that meet the definition of coastal wetlands as defined by 15A NCAC 2H
                 .0205, and which are landward of the mean high water line, and wetlands contiguous to estuarine
                 waters as defined by 15A NCAC 2H .0206.
(e) The following are supplemental classifications:
         (1)       Trout waters (Tr): freshwaters protected for natural trout propagation and survival of stocked
                 trout.
         (2)      Swamp waters (Sw): waters which have low velocities and other natural characteristics which are
                 different from adjacent streams.
         (3)       Nutrient Sensitive Waters (NSW): waters subject to growths of microscopic or macroscopic
                 vegetation requiring limitations on nutrient inputs.
         (4)      Outstanding Resource Waters (ORW): unique and special waters of exceptional state or national
                 recreational or ecological significance which require special protection to maintain existing uses.
         (5)       High Quality Waters (HQW): waters which are rated as excellent based on biological and
                 physical/chemical characteristics through Division monitoring or special studies, native and
                 special native trout waters (and their tributaries) designated by the Wildlife Resources
                 Commission, primary nursery areas (PNA) designated by the Marine Fisheries Commission and
                 other functional nursery areas designated by the Marine Fisheries Commission, all water supply
                 watersheds which are either classified as WS-I or WS-II or those for which a formal petition for
                 reclassification as WS-I or WS-II has been received from the appropriate local government and
                 accepted by the Division of Water Quality and all Class SA waters.
         (6)      Future Water Supply (FWS): waters that have been requested by a local government and adopted
                 by the Commission as a future source for drinking, culinary , or food-processing purposes. Local
                 government(s) requesting this reclassification shall provide to the Division evidence of intent
                 which may include one or a combination of the following: capitol improvement plans, a Water


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                    Supply Plan as described in G.S. 143-355(1), bond issuance for the water treatment plant or land
                    acquisition records. Local governments shall provide a 1:24,000 scale USGS topographical map
                    delineating the location of the intended water supply intake. Requirements for activities
                    administered by the State of North Carolina, such as the issuance of permits for landfills, NPDES
                    wastewater discharges, land application of residuals and road construction activities shall be
                    effective upon reclassification for future water supply use. The requirements shall apply to the
                    critical area and balance of the watershed or protected area as appropriate. Upon receipt of the
                    final approval letter from the Division of Environmental Health for construction of the water
                    treatment plant and water supply intake, the Commission shall initiate rule-making to modify the
                    Future Water Supply supplemental classification. Local government implementation is not
                    required until 270 days after the Commission has modified the Future Water Supply (FWS)
                    supplemental classification through the rule-making process and notified the affected local
                    government(s) that the appropriate local government land use requirements applicable for the
                    water supply classifications are to be adopted, implemented and submitted to the Commission for
                    approval. Local governments may also adopt land use ordinances that meet or exceed the state's
                    minimum requirements for water supply watershed protection prior to the end of the 270 day
                    deadline. The requirements for FWS may also be applied to waters formerly used for drinking
                    water supply use, and currently classified for water supply use, at the request of local
                    government(s) desiring protection of the watershed for future water supply use.
          (7)        Unique wetland (UWL): wetlands of exceptional state or national ecological significance which
                    require special protection to maintain existing uses. These wetlands may include wetlands that
                    have been documented to the satisfaction of the Commission as habitat essential for the
                    conservation of state or federally listed threatened or endangered species.
(f) In determining the best usage of waters and assigning classifications of such waters, the Commission shall
consider the criteria specified in General Statute 143-214.1(d) and all existing uses as defined by 15A NCAC 2B
.0202. In determining whether to revise a designated best usage for waters through a revision to the classifications,
the Commission shall follow the requirements of 40 CFR 131.10(b),(c),(d) and (g) which are hereby incorporated by
reference including any subsequent amendments and editions. This material is available for inspection at the
Department of Environment, Health, and Natural Resources, Division of Water Quality, Water Quality Section, 512
North Salisbury Street, Raleigh, North Carolina. Copies may be obtained from the U.S. Government Printing
Office, Superintendent of Documents, Washington, DC 20402-9325 at a cost of thirteen dollars ($13.00).
(g) When revising the classification of waters, the Division shall collect water quality data within the watershed for
those substances which require more stringent control than required by the existing classification. However, such
sampling may be limited to only those parameters which are of concern. If the revision to classifications involves
the removal of a designated use, the Division shall conduct a use attainability study as required by the provisions of
40 CFR 131.10(j) which are hereby incorporated by reference including any subsequent amendments and editions.
This material is available for inspection at the Department of Environment, Health, and Natural Resources, Division
of Water Quality, Water Quality Section, 512 North Salisbury Street, Raleigh, North Carolina. Copies may be
obtained from the U.S. Government Printing Office, Superintendent of Documents, Washington, DC 20402-9325 at
a cost of thirteen dollars ($13.00).

History Note:     Authority G.S. 143-214.1; 143-215.3(a)(1);
                  Eff. February 1, 1976;
                  Amended Eff. August 1, 1995; February 1, 1993; August 3, 1992; August 1, 1990;
                  RRC Objection Eff. July 18, 1996 due to lack of statutory authority and ambiguity;
                  Amended Eff. October 1, 1996.




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15A NCAC 02B .0104                   CONSIDERATIONS/ASSIGNING/IMPLEMENTING WATER SUPPLY
                            CLASSIFICATIONS
(a) In determining the suitability of waters for use as a source of water supply for drinking, culinary or food
processing purposes after approved treatment, the Commission will be guided by the physical, chemical, and
bacteriological maximum contaminant levels specified by Environmental Protection Agency regulations adopted
pursuant to the Public Health Service Act, 42 U.S.C. 201 et seq., as amended by the Safe Drinking Water Act, 42
U.S.C. 300(f) et seq. In addition, the Commission shall be guided by the requirements for unfiltered and filtered
water supplies and the maximum contaminant levels specified in the North Carolina Rules Governing Public Water
Supplies, 15A NCAC 18C .1100, .1200 and .1500 and comments provided by the Division of Environmental Health.
(b) All local governments that have land use authority within designated water supply watersheds shall adopt and
enforce ordinances that at a minimum meet the requirements of G.S. 143-214.5 and this Subchapter. The
Commission shall approve local water supply protection programs if it determines that the requirements of the local
program equal or exceed the minimum statewide water supply watershed management requirements adopted
pursuant to this Section. Local governments may adopt and enforce more stringent controls. Local management
programs and modifications to these programs must be approved by the Commission and shall be kept on file by the
Division of Environmental Management, Division of Environmental Health and the Division of Community
Assistance.
(c) All waters used for water supply purposes or intended for future water supply use shall be classified to the most
appropriate water supply classification as determined by the Commission. Water supplies may be reclassified to a
more or less protective water supply classification on a case-by-case basis through the rule-making process. A more
protective water supply classification may be applied to existing water supply watersheds after receipt of a
resolution from all local governments having land use jurisdiction within the designated water supply watershed
requesting a more protective water supply classification. Local government(s) requesting the Future Water Supply
classification must provide to the Division evidence of intent which may include one or a combination of the
following: capital improvement plans, a Water Supply Plan as described in G.S. 143-355(l), bond issuance for the
water treatment plant or land acquisition records. A 1:24,000 scale USGS topographical map delineating the
location of the intended water supply intake is also required. Requirements for activities administered by the State
of North Carolina, such as the issuance of permits for landfills, NPDES wastewater discharges, land application of
residuals and road construction activities shall be effective upon reclassification for future water supply use. The
requirements shall apply to the critical area and balance of the watershed or protected area as appropriate. Upon
receipt of the final approval letter from the Division of Environmental Health for construction of the water treatment
plant and water supply intake, the Commission shall initiate rule-making to modify the Future Water Supply
supplemental classification. Local government implementation is not required until 270 days after the Commission
has modified the Future Water Supply (FWS) supplemental classification through the rule-making process and
notified the affected local government(s) that the appropriate local government land use requirements applicable for
the water supply classifications are to be adopted, implemented and submitted to the Commission for approval.
Local governments may also adopt land use ordinances that meet or exceed the state's minimum requirements for
water supply watershed protection prior to the end of the 270 day deadline. The requirements for FWS may also be
applied to waters formerly used for drinking water supply purposes, and currently classified for water supply use, at
the request of local government(s) desiring protection of the watershed for future water supply use.
(d) In considering the reclassification of waters for water supply purposes, the Commission shall take into
consideration the relative proximity, quantity, composition, natural dilution and diminution of potential sources of
pollution to determine that risks posed by all significant pollutants are adequately considered.
(e) For the purposes of implementing the water supply watershed protection rules (15A NCAC 2B .0100, .0200 and
.0300) and the requirements of G.S. 143-214.5, the following schedule of implementation shall be applicable:
                   August 3, 1992 - Activities administered by the State of North Carolina, such as the issuance of
                   permits for landfills, NPDES wastewater discharges, and land application of sludge/residuals, and
                   road construction activities, shall become effective regardless of the deadlines for municipal and
                   county water supply watershed protection ordinance adoptions;
                   By July 1, 1993 - Affected municipalities with a population greater than 5,000 shall adopt and
                   submit the appropriate drinking water supply protection, maps and ordinances that meet or exceed
                   the minimum management requirements of these Rules;
                   By October 1, 1993 -Affected municipalities with a population less than 5,000 shall adopt and
                   submit the appropriate drinking water supply protection, maps and ordinances that meet or exceed
                   the minimum management requirements of these Rules;




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                   By January 1, 1994 -Affected county governments shall adopt and submit the appropriate drinking
                   water supply protection, maps and ordinances that meet or exceed the minimum management
                   requirements of these Rules.
Affected local government drinking water supply protection ordinances shall become effective on or before these
dates. Local governments may choose to adopt, implement and enforce these provisions prior to this date. Three
copies of the adopted and effective relevant ordinances shall be sent to the Division along with a cover letter from
the municipal or county attorney, or its designated legal counsel, stating that the local government drinking water
supply protection ordinances shall meet or exceed the rules in 15A NCAC 2B .0100, .0200 and .0300. If the rules in
15A NCAC 2B .0100, .0200 and .0300 are revised, the Division shall modify and distribute to local governments, as
appropriate, a revised model ordinance. The Division shall approve the amended local maps and ordinances, or
request the Commission to take appropriate action under G.S. 143-214.5.
(f) Wherever in this Subchapter it is provided that local governments assume responsibility for operation and
maintenance of engineered stormwater control(s), this shall be construed to require responsible local governments to
inspect such controls at least once per year, to determine whether the controls are performing as designed and
intended. Records of inspections shall be maintained on forms supplied by the Division. Local governments may
require payment of reasonable inspection fees by entities which own the controls, as authorized by law. In the event
inspection shows that a control is not performing adequately, the local government shall order the owning entity to
take corrective actions. If the entity fails to take sufficient corrective actions, the local government may impose civil
penalties and pursue other available remedies in accordance with the law. The availability of new engineered
stormwater controls as an alternative to lower development density and other measures under the provisions of this
Subchapter and local ordinances approved by the Commission shall be conditioned on the posting of adequate
financial assurance, in the form of a cash deposit or bond made payable to the responsible local government, or other
acceptable security. The establishment of a stormwater utility by the responsible local government shall be deemed
adequate financial assurance. The purpose of the required financial assurance is to assure that maintenance, repairs
or reconstruction necessary for adequate performance of the controls may be made by the owning entity or the local
government which may choose to assume ownership and maintenance responsibility.
(g) Where higher density developments are allowed, stormwater control systems must use wet detention ponds as
described in 15A NCAC 2H .1003(g)(2), (g)(3), (i), (j), (k), and (l). Alternative stormwater management systems
consisting of other treatment options, or a combination of treatment options, may be approved by the Director. The
design criteria for approval shall be 85 percent average annual removal of Total Suspended Solids. Also the
discharge rate shall meet one of the following criteria:
          (1)       the discharge rate following the 1-inch design storm shall be such that the runoff draws down to
                   the pre-storm design stage within five days, but not less than two days; or
          (2)       the post development peak discharge rate shall equal the predevelopment rate for the 1-year, 24
                   hour storm.
(h) Where no practicable alternative exists, discharge from groundwater remediation projects addressing water
quality problems shall be allowed in accordance with other applicable requirements in all water supply
classifications.
(i) To further the cooperative nature of the water supply watershed management and protection program provided
for herein, local governments with jurisdiction over portions of classified watersheds and local governments which
derive their water supply from within such watersheds are encouraged to establish joint water quality monitoring
and information sharing programs, by interlocal agreement or otherwise. Such cooperative programs shall be
established in consultation with the Division.
(j) Where no practicable alternative exists other than surface water discharge, previously unknown existing
unpermitted wastewater discharges shall incorporate the best possible technology treatment as deemed appropriate
by the Division.
(k) The Commission may designate water supply watersheds or portions thereof as critical water supply watersheds
pursuant to G.S. 143-214.5(b).
(l) A more protective classification may be allowed by the Commission although minor occurrences of
nonconforming activities are present prior to reclassification. When the Commission allows a more protective
classification, expansions of existing wastewater discharges that otherwise would have been prohibited may be
allowed if there is no increase in permitted pollutant loading; other discharges of treated wastewater existing at the
time of reclassification may be required to meet more stringent effluent limitations as determined by the Division.
Consideration of all practicable alternatives to surface water discharge must be documented.
(m) The construction of new roads and bridges and non-residential development shall minimize built-upon area,
divert stormwater away from surface water supply waters as much as possible, and employ best management


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practices (BMPs) to minimize water quality impacts. To the extent practicable, the construction of new roads in the
critical area shall be avoided. The Department of Transportation shall use BMPs as outlined in their document
entitled "Best Management Practices for the Protection of Surface Waters" which is hereby incorporated by
reference including all subsequent amendments and editions. This material is available for inspection at the
Department of Environment, Health, and Natural Resources, Division of Environmental Management, Water
Quality Planning Branch, 512 North Salisbury Street, Raleigh, North Carolina.
(n) Activities within water supply watersheds are also governed by the North Carolina Rules Governing Public
Water Supplies, 15A NCAC 18C .1100, .1200 and .1500. Proposed expansions of treated wastewater discharges to
water supply waters must be approved by the Division of Environmental Health.
(o) Local governments shall correctly delineate the approximate normal pool elevation for backwaters of water
supply reservoirs for the purposes of determining the critical and protected area boundaries as appropriate. Local
governments must submit to the Division a 1:24,000 scale U.S.G.S. topographic map which shows the local
government's corporate and extraterritorial jurisdiction boundaries, the Commission's adopted critical and protected
area boundaries, as well as the local government's interpreted critical and protected area boundaries. All revisions
(expansions or deletions) to these areas must be submitted to the Division and approved by the Commission prior to
local government revision.
(p) Local governments shall encourage participation in the Agricultural Cost Share Program. The Soil and Water
Conservation Commission is the designated management agency responsible for implementing the provisions of the
rules in 15A NCAC 2H .0200 pertaining to agricultural activities. Agricultural activities are subject to the
provisions of the Food Security Act of 1985 and the Food, Agriculture, Conservation and Trade Act of 1990 (Public
Law 101-624) and 15A NCAC 2H .0217). The following shall be required within WS-I watersheds and the critical
areas of WS-II, WS-III and WS-IV watersheds:
          (1)        Agricultural activities conducted after January 1, 1993 shall maintain a minimum 10 foot
                   vegetated buffer, or equivalent control as determined by the Soil and Water Conservation
                   Commission, along all perennial waters indicated on the most recent versions of U.S.G.S.
                   1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies; and
          (2)       Animal operation deemed permitted and permitted under 15A NCAC 2H .0217 are allowed in all
                   classified water supply watersheds.
(q) Existing development is not subject to the requirements of these Rules. Redevelopment is allowed if the
rebuilding activity does not have a net increase in built-upon area or provides equal or greater stormwater control
than the previous development, except that there are no restrictions on single family residential redevelopment.
Expansions to structures classified as existing development must meet the requirements of the rules in 15A NCAC
2B .0100, .0200 and .0300; however, the built-upon area of the existing development is not required to be included
in the density calculations. Expansions to structures other than existing development must meet the density
requirements of these Rules for the entire project site. If a nonconforming lot of record is not contiguous to any
other lot owned by the same party, then that lot of record shall not be subject to the development restrictions of these
Rules if it is developed for single-family residential purposes. Local governments may, however, require the
combination of contiguous nonconforming lots of record owned by the same party in order to establish a lot or lots
that meet or nearly meet the development restrictions of the rules under 15A NCAC 2B. Any lot or parcel created as
part of a family subdivision after the effective date of these Rules shall be exempt from these Rules if it is developed
for one single-family detached residence and if it is exempt from local subdivision regulation. Any lot or parcel
created as part of any other type of subdivision that is exempt from a local subdivision ordinance shall be subject to
the land use requirements (including impervious surface requirements) of these Rules, except that such a lot or
parcel must meet the minimum buffer requirements to the maximum extent practicable. Local governments may
also apply more stringent controls relating to determining existing development, redevelopment or expansions.
(r) Development activities may be granted minor variances by local governments utilizing the procedures of G.S.
153A Article 18, or G.S. 160A, Article 19. A description of each project receiving a variance and the reason for
granting the variance shall be submitted to the Commission on an annual basis by January 1. For all proposed major
and minor variances from the minimum statewide watershed protection rules, the local Watershed Review Board
shall make findings of fact showing that:
          (1)       there are practical difficulties or unnecessary hardships that prevent compliance with the strict
                   letter of the ordinance;
          (2)       the variance is in harmony with the general purpose and intent of the local watershed protection
                   ordinance and preserves its spirit; and
          (3)       in granting the variance, the public safety and welfare have been assured and substantial justice
                   has been done.


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The local Watershed Review Board may attach conditions to the major or minor variance approval that support the
purpose of the local watershed protection ordinance. If the variance request qualifies as a major variance, and the
local Watershed Review Board decides in favor of granting the major variance, the Board shall then prepare a
preliminary record of the hearing and submit it to the Commission for review and approval. If the Commission
approves the major variance or approves with conditions or stipulations added, then the Commission shall prepare a
Commission decision which authorizes the local Watershed Review Board to issue a final decision which would
include any conditions or stipulations added by the Commission. If the Commission denies the major variance, then
the Commission shall prepare a Commission decision to be sent to the local Watershed Review Board. The local
Watershed Review Board shall prepare a final decision denying the major variance. For all proposed major and
minor variances the local government considering or requesting the variance shall notify and allow a reasonable
comment period for all other local governments having jurisdiction within the watershed area governed by these
Rules and the entity using the water supply for consumption. Appeals from the local government decision on a
major or minor variance request are made on certiorari to the local Superior Court. Appeals from the Commission
decision on a major variance request are made on judicial review to Superior Court. When local ordinances are
more stringent than the state's minimum water supply protection rules a variance to the local government's ordinance
is not considered a major variance as long as the result of the variance is not less stringent than the state's minimum
requirements.
(s) Cluster development is allowed on a project-by-project basis as follows:
          (1)        Overall density of the project meets associated density or stormwater control requirements under
                    15A NCAC 2B .0200;
          (2)        Buffers meet the minimum statewide water supply watershed protection requirements;
          (3)        Built-upon areas are designed and located to minimize stormwater runoff impact to the receiving
                    waters, minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated
                    areas, and maximize the flow length through vegetated areas;
          (4)         Areas of concentrated density development are located in upland areas and away, to the
                    maximum extent practicable, from surface waters and drainageways;
          (5)        Remainder of tract to remain in vegetated or natural state;
          (6)        The area in the vegetated or natural state may be conveyed to a property owners association; a
                    local government for preservation as a park or greenway; a conservation organization; or placed in
                    a permanent conservation or farmland preservation easement. A maintenance agreement shall be
                    filed with the property deeds; and
          (7)         Cluster developments that meet the applicable low density requirements shall transport
                    stormwater runoff by vegetated conveyances to the maximum extent practicable.
(t) Local governments may administer oversight of future development activities in single family residential
developments that exceed the applicable low density requirements by tracking dwelling units rather than percentage
built-upon area, as long as the wet detention pond or other approved stormwater control system is sized to capture
and treat runoff from all pervious and built-upon surfaces shown on the development plan and any off-site drainage
from pervious and built-upon surfaces, and when an additional safety factor of 15 percent of built-upon area of the
project site is figured in.
(u) All new development shall meet the development requirements on a project-by-project basis except local
governments may submit ordinances and ordinance revisions which use density or built-upon area criteria averaged
throughout the local government's watershed jurisdiction instead of on a project-by-project basis within the
watershed. Prior to approval of the ordinance or amendment, the local government must demonstrate to the
Commission that the provisions as averaged meet or exceed the statewide minimum requirements, and that a
mechanism exists to ensure the orderly and planned distribution of development potential throughout the watershed
jurisdiction.
(v) Silviculture activities are subject to the provisions of the Forest Practices Guidelines Related to Water Quality
(15A NCAC 1I .0101 - .0209). The Division of Forest Resources is the designated management agency responsible
for implementing the provisions of the rules in 15A NCAC 2B .0200 pertaining to silviculture activities.
(w) Local governments shall, as the existing laws allow, develop, implement, and enforce comprehensive nonpoint
source and stormwater discharge control programs to reduce water pollution from activities within water supply
watersheds such as development, forestry, landfills, mining, on-site sanitary sewage systems which utilize ground
adsorption, toxic and hazardous materials, transportation, and water based recreation.
(x) When the Commission assumes a local water supply protection program as specified under G.S. 143-214.5(e)
all local permits authorizing construction and development activities as regulated by the statewide minimum water




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supply watershed protection rules of this Subchapter must be approved by the Commission prior to local
government issuance.
(y) In the event that stormwater management systems or facilities may impact existing waters or wetlands of the
United States, the Clean Water Act requires that these systems or facilities be consistent with all federal and state
requirements.
(z) A model local water supply watershed management and protection ordinance, as approved by the Commission
in accordance with G.S. 143-214.5, is on file with the Office of Administrative Hearings and may be obtained by
writing to: Water Quality Planning Branch, Division of Environmental Management, Post Office Box 29535,
Raleigh, North Carolina 27626-0535.
(aa) The Commission may delegate such matters as variance approval, extension of deadlines for submission of
corrected ordinances and assessment of civil penalties to the Director.

History Note:    Authority G.S. 143-214.1; 143-215.3(a)(1);
                 Eff. February 1, 1976;
                 Amended Eff. August 1, 1995; August 3, 1992; March 1, 1991; October 1, 1989.




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15A NCAC 02B .0211          FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS C WATERS
General. The water quality standards for all fresh surface waters are the basic standards applicable to Class C
waters. See Rule .0208 of this Section for standards for toxic substances and temperature. Additional and more
stringent standards applicable to other specific freshwater classifications are specified in Rules .0212, .0214, .0215,
.0216, .0217, .0218, .0219, .0223, .0224 and .0225 of this Section.
         (1)        Best Usage of Waters. Aquatic life propagation and maintenance of biological integrity
                  (including fishing, and fish), wildlife, secondary recreation, agriculture and any other usage except
                  for primary recreation or as a source of water supply for drinking, culinary or food processing
                  purposes;
         (2)       Conditions Related to Best Usage. The waters shall be suitable for aquatic life propagation and
                  maintenance of biological integrity, wildlife, secondary recreation, and agriculture; sources of
                  water pollution which preclude any of these uses on either a short-term or long-term basis shall be
                  considered to be violating a water quality standard;
         (3)       Quality standards applicable to all fresh surface waters:
                  (a)       Chlorophyll a (corrected): not greater than 40 ug/l for lakes, reservoirs, and other waters
                           subject to growths of macroscopic or microscopic vegetation not designated as trout
                           waters, and not greater than 15 ug/l for lakes, reservoirs, and other waters subject to
                           growths of macroscopic or microscopic vegetation designated as trout waters (not
                           applicable to lakes and reservoirs less than 10 acres in surface area); the Commission or
                           its designee may prohibit or limit any discharge of waste into surface waters if, in the
                           opinion of the Director, the surface waters experience or the discharge would result in
                           growths of microscopic or macroscopic vegetation such that the standards established
                           pursuant to this Rule would be violated or the intended best usage of the waters would be
                           impaired;
                  (b)        Dissolved oxygen: not less than 6.0 mg/l for trout waters; for non-trout waters, not less
                           than a daily average of 5.0 mg/l with a minimum instantaneous value of not less than 4.0
                           mg/l; swamp waters, lake coves or backwaters, and lake bottom waters may have lower
                           values if caused by natural conditions;
                  (c)        Floating solids; settleable solids; sludge deposits: only such amounts attributable to
                           sewage, industrial wastes or other wastes as shall not make the water unsafe or unsuitable
                           for aquatic life and wildlife or impair the waters for any designated uses;
                  (d)       Gases, total dissolved: not greater than 110 percent of saturation;
                  (e)       Organisms of the coliform group: fecal coliforms shall not exceed a geometric mean of
                           200/100ml (MF count) based upon at least five consecutive samples examined during any
                           30 day period, nor exceed 400/100ml in more than 20 percent of the samples examined
                           during such period; violations of the fecal coliform standard are expected during rainfall
                           events and, in some cases, this violation is expected to be caused by uncontrollable
                           nonpoint source pollution; all coliform concentrations are to be analyzed using the
                           membrane filter technique unless high turbidity or other adverse conditions necessitate
                           the tube dilution method; in case of controversy over results, the MPN 5-tube dilution
                           technique shall be used as the reference method;
                  (f)        Oils; deleterious substances; colored or other wastes: only such amounts as shall not
                           render the waters injurious to public health, secondary recreation or to aquatic life and
                           wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters
                           for any designated uses; for the purpose of implementing this Rule, oils, deleterious
                           substances, colored or other wastes shall include but not be limited to substances that
                           cause a film or sheen upon or discoloration of the surface of the water or adjoining
                           shorelines pursuant to 40 CFR 110.4(a)-(b) which are hereby incorporated by reference
                           including any subsequent amendments and additions. This material is available for
                           inspection at the Department of Environment and Natural Resources, Division of Water
                           Quality, 512 North Salisbury Street, Raleigh, North Carolina. Copies may be obtained
                           from the Superintendent of Documents, U.S. Government Printing Office, Washington,
                           D.C. 20402-9325 at a cost of thirteen dollars ($13.00).
                  (g)        pH: shall be normal for the waters in the area, which generally shall range between 6.0
                           and 9.0 except that swamp waters may have a pH as low as 4.3 if it is the result of natural
                           conditions;


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               (h)      Phenolic compounds: only such levels as shall not result in fish-flesh tainting or
                      impairment of other best usage;
               (i)     Radioactive substances:
                      (i)        Combined radium-226 and radium-228: the maximum average annual activity
                                level (based on at least four samples collected quarterly) for combined
                                radium-226 and radium-228 shall not exceed five picoCuries per liter;
                      (ii)        Alpha Emitters: the average annual gross alpha particle activity (including
                                radium-226, but excluding radon and uranium) shall not exceed 15 picoCuries
                                per liter;
                      (iii)       Beta Emitters: the maximum average annual activity level (based on at least
                                four samples, collected quarterly) for strontium-90 shall not exceed eight
                                picoCuries per liter; nor shall the average annual gross beta particle activity
                                (excluding potassium-40 and other naturally occurring radio-nuclides) exceed 50
                                picoCuries per liter; nor shall the maximum average annual activity level for
                                tritium exceed 20,000 picoCuries per liter;
               (j)      Temperature: not to exceed 2.8 degrees C (5.04 degrees F) above the natural water
                      temperature, and in no case to exceed 29 degrees C (84.2 degrees F) for mountain and
                      upper piedmont waters and 32 degrees C (89.6 degrees F) for lower piedmont and coastal
                      plain waters. The temperature for trout waters shall not be increased by more than 0.5
                      degrees C (0.9 degrees F) due to the discharge of heated liquids, but in no case to exceed
                      20 degrees C (68 degrees F);
               (k)      Turbidity: the turbidity in the receiving water shall not exceed 50 Nephelometric
                      Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams,
                      lakes or reservoirs designated as trout waters; for lakes and reservoirs not designated as
                      trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due
                      to natural background conditions, the existing turbidity level cannot be increased.
                      Compliance with this turbidity standard can be met when land management activities
                      employ Best Management Practices (BMPs) [as defined by Rule .0202 of this Section]
                      recommended by the Designated Nonpoint Source Agency [as defined by Rule .0202 of
                      this Section]. BMPs must be in full compliance with all specifications governing the
                      proper design, installation, operation and maintenance of such BMPs;
               (l)     Toxic substances: numerical water quality standards (maximum permissible levels) for
                      the protection of human health applicable to all fresh surface waters are in Rule .0208 of
                      this Section; numerical water quality standards (maximum permissible levels) to protect
                      aquatic life applicable to all fresh surface waters:
                      (i)        Arsenic: 50 ug/l;
                      (ii)       Beryllium: 6.5 ug/l;
                      (iii)        Cadmium: 0.4 ug/l for trout waters and 2.0 ug/l for non-trout waters;
                                attainment of these water quality standards in surface waters shall be based on
                                measurement of total recoverable metals concentrations unless appropriate
                                studies have been conducted to translate total recoverable metals to a toxic
                                form. Studies used to determine the toxic form or translators must be designed
                                according to the "Water Quality Standards Handbook Second Edition" published
                                by the Environmental Protection Agency (EPA 823-B-94-005a) or "The Metals
                                Translator: Guidance For Calculating a Total Recoverable Permit Limit From a
                                Dissolved Criterion" published by the Environmental Protection Agency (EPA
                                823-B-96-007) which are hereby incorporated by reference including any
                                subsequent amendments. The Director shall consider conformance to EPA
                                guidance as well as the presence of environmental conditions that limit the
                                applicability of translators in approving the use of metal translators.
                      (iv)       Chlorine, total residual: 17 ug/l;
                      (v)        Chromium, total recoverable: 50 ug/l;
                      (vi)        Cyanide: 5.0 ug/l; unless site-specific criteria are developed based upon the
                                aquatic life at the site utilizing The Recalculation Procedure in Appendix B of
                                Appendix L in the Environmental Protection Agency's Water Quality Standards




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Iredell County Soil Erosion and
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                                   Handbook hereby incorporated by reference including any subsequent
                                   amendments;
                         (vii)      Fluorides: 1.8 mg/l;
                         (viii)      Lead, total recoverable: 25 ug/l; collection of data on sources, transport and
                                   fate of lead shall be required as part of the toxicity reduction evaluation for
                                   dischargers that are out of compliance with whole effluent toxicity testing
                                   requirements and the concentration of lead in the effluent is concomitantly
                                   determined to exceed an instream level of 3.1 ug/l from the discharge;
                         (ix)        Mercury: 0.012 ug/l;
                         (x)         Nickel: 88 ug/l; attainment of these water quality standards in surface waters
                                   shall be based on measurement of total recoverable metals concentrations unless
                                   appropriate studies have been conducted to translate total recoverable metals to
                                   a toxic form. Studies used to determine the toxic form or translators must be
                                   designed according to the "Water Quality Standards Handbook Second Edition"
                                   published by the Environmental Protection Agency (EPA 823-B-94-005a) or
                                   “The Metals Translator: Guidance For Calculating a Total Recoverable Permit
                                   Limit From a Dissolved Criterion” published by the Environmental Protection
                                   Agency (EPA 823-B-96-007) which are hereby incorporated by reference
                                   including any subsequent amendments. The Director shall consider
                                   conformance to EPA guidance as well as the presence of environmental
                                   conditions that limit the applicability of translators in approving the use of metal
                                   translators.
                         (xi)        Pesticides:
                                   (A)       Aldrin: 0.002 ug/l;
                                   (B)        Chlordane: 0.004 ug/l;
                                   (C)        DDT: 0.001 ug/l;
                                   (D)       Demeton: 0.1 ug/l;
                                   (E)        Dieldrin: 0.002 ug/l;
                                   (F)       Endosulfan: 0.05 ug/l;
                                   (G)        Endrin: 0.002 ug/l;
                                   (H)       Guthion: 0.01 ug/l;
                                   (I)        Heptachlor: 0.004 ug/l;
                                   (J)        Lindane: 0.01 ug/l;
                                   (K)       Methoxychlor: 0.03 ug/l;
                                   (L)        Mirex: 0.001 ug/l;
                                   (M)       Parathion: 0.013 ug/l;
                                   (N)       Toxaphene: 0.0002 ug/l;
                         (xii) Polychlorinated biphenyls: 0.001 ug/l;
                         (xiii) Selenium: 5 ug/l;
                         (xiv) Toluene: 11 ug/l or 0.36 ug/l in trout waters;
                         (xv) Trialkyltin compounds: 0.008 ug/l expressed as tributyltin;
       (4)      Action Levels for Toxic Substances: if the Action Levels for any of the substances listed in this
               Subparagraph (which are generally not bioaccumulative and have variable toxicity to aquatic life
               because of chemical form, solubility, stream characteristics or associated waste characteristics) are
               determined by the waste load allocation to be exceeded in a receiving water by a discharge under
               the specified low flow criterion for toxic substances (Rule .0206 in this Section), the discharger
               shall monitor the chemical or biological effects of the discharge; efforts shall be made by all
               dischargers to reduce or eliminate these substances from their effluents. Those substances for
               which Action Levels are listed in this Subparagraph shall be limited as appropriate in the NPDES
               permit based on the Action Levels listed in this Subparagraph if sufficient information (to be
               determined for metals by measurements of that portion of the dissolved instream concentration of
               the Action Level parameter attributable to a specific NPDES permitted discharge) exists to
               indicate that any of those substances may be a causative factor resulting in toxicity of the effluent.
               NPDES permit limits may be based on translation of the toxic form to total recoverable metals.
               Studies used to determine the toxic form or translators must be designed according to "Water
               Quality Standards Handbook Second Edition" published by the Environmental Protection Agency


                                                    Page 37
Iredell County Soil Erosion and
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                 (EPA 823-B-94-005a) or "The Metals Translator: Guidance For Calculating a Total Recoverable
                 Permit Limit From a Dissolved Criterion" published by the Environmental Protection Agency
                 (EPA 823-B-96-007) which are hereby incorporated by reference including any subsequent
                 amendments. The Director shall consider conformance to EPA guidance as well as the presence
                 of environmental conditions that limit the applicability of translators in approving the use of metal
                 translators.
                 (a)       Copper: 7 ug/l;
                 (b)        Iron: 1.0 mg/l;
                 (c)       Silver: 0.06 ug/l;
                 (d)        Zinc: 50 ug/l;
                 (e)       Chloride: 230 mg/l;
For purposes other than consideration of NPDES permitting of point source discharges as described in this
Subparagraph, the Action Levels in this Rule, as measured by an appropriate analytical technique, per 15A NCAC
02B .0103(a), shall be considered as numerical ambient water quality standards.

History Note:     Authority G.S. 143-214.1; 143-215.3(a)(1);
                  Eff. February 1, 1976;
                  Amended Eff. April 1, 2003; August 1, 2000; October 1, 1995; August 1, 1995; April 1, 1994;
                  February 1, 1993.




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Iredell County Soil Erosion and
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Appendix C: Sample Precipitation Frequency Estimates




                                  Page 39
Iredell County Soil Erosion and
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                                                      POINT PRECIPITATION
                                                     FREQUENCY ESTIMATES
                                                      FROM NOAA ATLAS 14
                  MOORESVILLE, NORTH CAROLINA (31-5814) 35.6 N 80.8333 W 898 feet
                         from "Precipitation-Frequency Atlas of the United States" NOAA Atlas 14, Volume 2, Version 3
                                      G.M. Bonnin, D. Martin, B. Lin, T. Parzybok, M.Yekta, and D. Riley
                                        NOAA, National Weather Service, Silver Spring, Maryland, 2004
                                                          Extracted: Wed May 2 2007


                                       Precipitation Frequency Estimates (inches)

 ARI* 5     10 15 30 60 120 3                                   6       12       24        48        4         7        10        20        30       45    60
(years) min min min min min min hr                              hr      hr       hr        hr       day       day       day       day       day      day   day
  1     0.38 0.61 0.76 1.05 1.31 1.51 1.62 1.99 2.37 2.79 3.27 3.68 4.25 4.87 6.54 8.07 10.14 12.09
  2     0.45 0.72 0.91 1.25 1.57 1.83 1.95 2.40 2.86 3.37 3.94 4.42 5.07 5.79 7.72 9.49 11.87 14.10
  5     0.53 0.85 1.07 1.52 1.95 2.28 2.44 3.00 3.58 4.25 4.92 5.46 6.17 6.96 9.11 11.00 13.53 15.89
  10    0.58 0.93 1.18 1.71 2.23 2.62 2.82 3.47 4.16 4.93 5.69 6.28 7.05 7.87 10.20 12.17 14.79 17.28
  25    0.65 1.03 1.30 1.93 2.57 3.06 3.33 4.10 4.96 5.87 6.73 7.39 8.23 9.08 11.67 13.69 16.41 19.05
  50    0.69 1.10 1.39 2.09 2.83 3.40 3.74 4.61 5.59 6.61 7.55 8.28 9.18 10.03 12.81 14.86 17.63 20.38
 100    0.73 1.16 1.46 2.24 3.09 3.74 4.14 5.13 6.25 7.38 8.39 9.18 10.13 10.99 13.95 16.00 18.82 21.66
 200    0.76 1.21 1.53 2.38 3.34 4.07 4.55 5.66 6.93 8.16 9.25 10.11 11.11 11.96 15.11 17.14 19.98 22.89
 500    0.81 1.27 1.60 2.55 3.66 4.51 5.12 6.39 7.89 9.24 10.43 11.38 12.45 13.27 16.66 18.64 21.48 24.50
1000 0.83 1.31 1.65 2.66 3.89 4.85 5.55 6.96 8.64 10.09 11.36 12.37 13.50 14.28 17.87 19.79 22.61 25.69




 Text version of table   * These precipitation frequency estimates are based on a partial duration series. ARI is the Average Recurrence Interval.
                         Please refer to the documentation for more information. NOTE: Formatting forces estimates near zero to appear as zero.




                                                                       Page 40
Iredell County Soil Erosion and
Sedimentation Control Ordinance




                                  Page 41
Iredell County Soil Erosion and
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                            Confidence Limits -
                          * Upper bound of the 90% confidence interval
                            Precipitation Frequency Estimates (inches)
ARI** 5     10 15 30 60 120 3             6    12    24    48    4     7    10    20    30    45    60
(years) min min min min min min hr        hr   hr    hr    hr   day   day   day   day   day   day   day
  1    0.42 0.67 0.83 1.14 1.42 1.65 1.76 2.15 2.56 3.01 3.51 3.94 4.53 5.18 6.88 8.45 10.61 12.59
  2    0.49 0.79 0.99 1.37 1.72 2.00 2.13 2.60 3.10 3.64 4.24 4.74 5.41 6.16 8.12 9.94 12.40 14.67
  5    0.57 0.92 1.17 1.66 2.12 2.48 2.67 3.25 3.88 4.59 5.29 5.85 6.58 7.40 9.59 11.53 14.12 16.53
  10   0.63 1.01 1.28 1.86 2.42 2.85 3.07 3.76 4.50 5.32 6.10 6.72 7.50 8.37 10.74 12.75 15.45 17.97
  25   0.70 1.12 1.42 2.10 2.79 3.33 3.62 4.43 5.34 6.33 7.21 7.92 8.77 9.66 12.28 14.34 17.14 19.81
  50   0.75 1.19 1.51 2.27 3.08 3.70 4.06 4.98 6.01 7.12 8.10 8.87 9.77 10.67 13.49 15.57 18.43 21.21
 100   0.79 1.26 1.59 2.44 3.36 4.08 4.51 5.55 6.72 7.94 9.00 9.84 10.80 11.70 14.70 16.79 19.69 22.56
 200   0.83 1.32 1.67 2.59 3.63 4.45 4.96 6.12 7.45 8.79 9.93 10.83 11.86 12.73 15.93 18.00 20.92 23.87
 500   0.88 1.39 1.75 2.79 4.00 4.95 5.60 6.93 8.48 9.97 11.22 12.20 13.31 14.12 17.61 19.61 22.53 25.56
1000 0.91 1.44 1.81 2.92 4.27 5.33 6.10 7.57 9.31 10.90 12.22 13.27 14.46 15.22 18.92 20.85 23.74 26.84




                                               Page 42
Iredell County Soil Erosion and
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* The upper bound of the confidence interval at 90% confidence level is the value which 5% of the simulated quantile values for a given frequency are greater than.
** These precipitation frequency estimates are based on a partial duration series. ARI is the Average Recurrence Interval.
Please refer to the documentation for more information. NOTE: Formatting prevents estimates near zero to appear as zero.

                                            * Lower bound of the 90% confidence interval
                                              Precipitation Frequency Estimates (inches)
ARI** 5     10 15 30 60 120 3                                            6       12       24       48        4         7        10        20        30        45      60
(years) min min min min min min hr                                       hr      hr       hr       hr       day       day       day       day       day       day     day
    1       0.35 0.56 0.70 0.96 1.20 1.39 1.49 1.84 2.20 2.60 3.04 3.44 3.99 4.58 6.21 7.69 9.71 11.62
    2       0.42 0.67 0.84 1.16 1.45 1.69 1.80 2.22 2.65 3.15 3.67 4.13 4.76 5.45 7.33 9.04 11.36 13.52
    5       0.48 0.78 0.98 1.40 1.79 2.09 2.25 2.77 3.33 3.95 4.58 5.09 5.79 6.54 8.64 10.49 12.94 15.25
   10       0.53 0.85 1.08 1.56 2.04 2.40 2.59 3.20 3.85 4.58 5.28 5.84 6.60 7.39 9.67 11.59 14.14 16.57
   25       0.59 0.94 1.19 1.76 2.34 2.79 3.03 3.76 4.54 5.42 6.23 6.86 7.69 8.50 11.03 13.01 15.67 18.25
   50       0.62 0.99 1.26 1.90 2.57 3.08 3.38 4.20 5.08 6.10 6.98 7.66 8.55 9.37 12.09 14.09 16.81 19.50
  100       0.66 1.04 1.32 2.02 2.78 3.36 3.72 4.63 5.63 6.78 7.73 8.48 9.41 10.25 13.13 15.15 17.92 20.68
  200       0.68 1.08 1.37 2.13 2.98 3.63 4.05 5.06 6.18 7.48 8.49 9.31 10.30 11.13 14.19 16.18 18.99 21.83
  500       0.71 1.12 1.42 2.25 3.23 3.98 4.49 5.62 6.91 8.43 9.54 10.44 11.48 12.30 15.59 17.54 20.35 23.30
 1000 0.73 1.15 1.44 2.33 3.41 4.23 4.81 6.05 7.47 9.16 10.34 11.31 12.41 13.20 16.67 18.57 21.37 24.39

* The lower bound of the confidence interval at 90% confidence level is the value which 5% of the simulated quantile values for a given frequency are less than.
** These precipitation frequency estimates are based on a partial duration maxima series. ARI is the Average Recurrence Interval.
Please refer to the documentation for more information. NOTE: Formatting prevents estimates near zero to appear as zero.




                                                                        Maps -




 These maps were produced using a direct map request from the
 U.S. Census Bureau Mapping and Cartographic Resources
 Tiger Map Server.

 Please read disclaimer for more information.




                                                                              Page 43
Iredell County Soil Erosion and
Sedimentation Control Ordinance


                             Other Maps/Photographs -
View USGS digital orthophoto quadrangle (DOQ) covering this location from TerraServer; USGS Aerial
Photograph may also be available
from this site. A DOQ is a computer-generated image of an aerial photograph in which image displacement caused
by terrain relief and camera tilts has been removed. It combines the image characteristics of a photograph with the
geometric qualities of a map. Visit the USGS for more information.


             Watershed/Stream Flow Information -
Find the Watershed for this location using the U.S. Environmental Protection Agency's site.


                                 Climate Data Sources -
Precipitation frequency results are based on data from a variety of sources, but largely NCDC. The following links
provide general information
about observing sites in the area, regardless of if their data was used in this study. For detailed information about
the stations used in this study,
please refer to our documentation.

Using the National Climatic Data Center's (NCDC) station search engine, locate other climate stations within:
 +/-30 minutes
                  ...OR...
 +/-1 degree
                 of this location (35.6/-80.8333). Digital ASCII data can be obtained directly from NCDC.

Hydrometeorological Design Studies Center
DOC/NOAA/National Weather Service
1325 East-West Highway
Silver Spring, MD 20910
(301) 713-1669
Questions?: HDSC.Questions@noaa.gov

Disclaimer




                                                        Page 44
Iredell County Soil Erosion and
Sedimentation Control Ordinance



                                                      POINT PRECIPITATION
                                                     FREQUENCY ESTIMATES
                                                      FROM NOAA ATLAS 14
                  MOORESVILLE, NORTH CAROLINA (31-5814) 35.6 N 80.8333 W 898 feet
                         from "Precipitation-Frequency Atlas of the United States" NOAA Atlas 14, Volume 2, Version 3
                                      G.M. Bonnin, D. Martin, B. Lin, T. Parzybok, M.Yekta, and D. Riley
                                        NOAA, National Weather Service, Silver Spring, Maryland, 2004
                                                          Extracted: Wed May 2 2007


                                          Precipitation Intensity Estimates (in/hr)

 ARI*    5  10  15  30  60 120                                3        6         12       24       48        4   7  10  20 30 45 60
(years) min min min min min min                               hr       hr        hr       hr       hr       day day day day day day day
  1     4.60 3.67 3.06 2.09 1.31 0.76 0.54 0.33 0.20 0.12 0.07 0.04 0.03 0.02 0.01 0.01 0.01 0.01
  2     5.42 4.33 3.63 2.51 1.57 0.92 0.65 0.40 0.24 0.14 0.08 0.05 0.03 0.02 0.02 0.01 0.01 0.01
  5     6.34 5.08 4.28 3.04 1.95 1.14 0.81 0.50 0.30 0.18 0.10 0.06 0.04 0.03 0.02 0.02 0.01 0.01
  10    7.00 5.60 4.72 3.42 2.23 1.31 0.94 0.58 0.35 0.21 0.12 0.07 0.04 0.03 0.02 0.02 0.01 0.01
  25    7.75 6.17 5.22 3.86 2.57 1.53 1.11 0.69 0.41 0.24 0.14 0.08 0.05 0.04 0.02 0.02 0.02 0.01
  50    8.27 6.58 5.56 4.18 2.83 1.70 1.24 0.77 0.46 0.28 0.16 0.09 0.05 0.04 0.03 0.02 0.02 0.01
 100    8.75 6.95 5.86 4.48 3.09 1.87 1.38 0.86 0.52 0.31 0.17 0.10 0.06 0.05 0.03 0.02 0.02 0.02
 200    9.17 7.27 6.12 4.76 3.34 2.04 1.52 0.95 0.58 0.34 0.19 0.11 0.07 0.05 0.03 0.02 0.02 0.02
 500    9.66 7.64 6.41 5.10 3.66 2.26 1.70 1.07 0.65 0.38 0.22 0.12 0.07 0.06 0.03 0.03 0.02 0.02
1000 9.98 7.87 6.58 5.33 3.89 2.42 1.85 1.16 0.72 0.42 0.24 0.13 0.08 0.06 0.04 0.03 0.02 0.02




 Text version of table   * These precipitation frequency estimates are based on a partial duration series. ARI is the Average Recurrence Interval.
                         Please refer to the documentation for more information. NOTE: Formatting forces estimates near zero to appear as zero.




                                                                       Page 45
Iredell County Soil Erosion and
Sedimentation Control Ordinance




                            Confidence Limits -
                          * Upper bound of the 90% confidence interval
                             Precipitation Intensity Estimates (in/hr)
ARI** 5     10 15   30  60 120         3    6    12   24   48    4   7  10  20 30 45 60
(years) min min min min min min        hr   hr   hr   hr   hr   day day day day day day day
  1    4.99 3.99 3.32 2.28 1.42 0.82 0.59 0.36 0.21 0.13 0.07 0.04 0.03 0.02 0.01 0.01 0.01 0.01
  2    5.92 4.73 3.96 2.74 1.72 1.00 0.71 0.43 0.26 0.15 0.09 0.05 0.03 0.03 0.02 0.01 0.01 0.01
  5    6.90 5.53 4.66 3.31 2.12 1.24 0.89 0.54 0.32 0.19 0.11 0.06 0.04 0.03 0.02 0.02 0.01 0.01
  10   7.61 6.08 5.13 3.71 2.42 1.43 1.02 0.63 0.37 0.22 0.13 0.07 0.04 0.03 0.02 0.02 0.01 0.01
  25   8.40 6.70 5.66 4.19 2.79 1.67 1.21 0.74 0.44 0.26 0.15 0.08 0.05 0.04 0.03 0.02 0.02 0.01
  50   8.98 7.15 6.04 4.54 3.08 1.85 1.35 0.83 0.50 0.30 0.17 0.09 0.06 0.04 0.03 0.02 0.02 0.01
 100   9.50 7.55 6.36 4.87 3.36 2.04 1.50 0.93 0.56 0.33 0.19 0.10 0.06 0.05 0.03 0.02 0.02 0.02
 200   9.98 7.92 6.66 5.18 3.63 2.22 1.65 1.02 0.62 0.37 0.21 0.11 0.07 0.05 0.03 0.02 0.02 0.02
 500   10.56 8.35 7.00 5.57 4.00 2.48 1.87 1.16 0.70 0.42 0.23 0.13 0.08 0.06 0.04 0.03 0.02 0.02




                                            Page 46
Iredell County Soil Erosion and
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 1000 10.97 8.63 7.22 5.85 4.27 2.67 2.03 1.26 0.77 0.45 0.25 0.14 0.09 0.06 0.04 0.03 0.02 0.02
* The upper bound of the confidence interval at 90% confidence level is the value which 5% of the simulated quantile values for a given frequency are greater than.
** These precipitation frequency estimates are based on a partial duration series. ARI is the Average Recurrence Interval.
Please refer to the documentation for more information. NOTE: Formatting prevents estimates near zero to appear as zero.

                                            * Lower bound of the 90% confidence interval
                                               Precipitation Intensity Estimates (in/hr)
ARI** 5     10  15  30  60 120                                        3        6         12       24       48        4   7  10  20 30 45 60
(years) min min min min min min                                       hr       hr        hr       hr       hr       day day day day day day day
    1       4.22 3.37 2.81 1.93 1.20 0.69 0.50 0.31 0.18 0.11 0.06 0.04 0.02 0.02 0.01 0.01 0.01 0.01
    2       4.99 3.99 3.34 2.31 1.45 0.84 0.60 0.37 0.22 0.13 0.08 0.04 0.03 0.02 0.02 0.01 0.01 0.01
    5       5.82 4.66 3.93 2.79 1.79 1.05 0.75 0.46 0.28 0.16 0.10 0.05 0.03 0.03 0.02 0.01 0.01 0.01
   10       6.40 5.12 4.32 3.13 2.04 1.20 0.86 0.53 0.32 0.19 0.11 0.06 0.04 0.03 0.02 0.02 0.01 0.01
   25       7.06 5.62 4.75 3.52 2.34 1.40 1.01 0.63 0.38 0.23 0.13 0.07 0.05 0.04 0.02 0.02 0.01 0.01
   50       7.49 5.96 5.03 3.79 2.57 1.54 1.13 0.70 0.42 0.25 0.15 0.08 0.05 0.04 0.03 0.02 0.02 0.01
  100       7.87 6.26 5.27 4.04 2.78 1.68 1.24 0.77 0.47 0.28 0.16 0.09 0.06 0.04 0.03 0.02 0.02 0.01
  200       8.20 6.50 5.47 4.26 2.98 1.82 1.35 0.84 0.51 0.31 0.18 0.10 0.06 0.05 0.03 0.02 0.02 0.02
  500       8.53 6.75 5.66 4.51 3.23 1.99 1.49 0.94 0.57 0.35 0.20 0.11 0.07 0.05 0.03 0.02 0.02 0.02
 1000 8.75 6.89 5.76 4.67 3.41 2.12 1.60 1.01 0.62 0.38 0.22 0.12 0.07 0.06 0.03 0.03 0.02 0.02

* The lower bound of the confidence interval at 90% confidence level is the value which 5% of the simulated quantile values for a given frequency are less than.
** These precipitation frequency estimates are based on a partial duration maxima series. ARI is the Average Recurrence Interval.
Please refer to the documentation for more information. NOTE: Formatting prevents estimates near zero to appear as zero.




                                                                        Maps -




 These maps were produced using a direct map request from the
 U.S. Census Bureau Mapping and Cartographic Resources
 Tiger Map Server.

 Please read disclaimer for more information.




                                                                              Page 47
Iredell County Soil Erosion and
Sedimentation Control Ordinance


                             Other Maps/Photographs -
View USGS digital orthophoto quadrangle (DOQ) covering this location from TerraServer; USGS Aerial
Photograph may also be available
from this site. A DOQ is a computer-generated image of an aerial photograph in which image displacement caused
by terrain relief and camera tilts has been removed. It combines the image characteristics of a photograph with the
geometric qualities of a map. Visit the USGS for more information.


             Watershed/Stream Flow Information -
Find the Watershed for this location using the U.S. Environmental Protection Agency's site.


                                 Climate Data Sources -
Precipitation frequency results are based on data from a variety of sources, but largely NCDC. The following links
provide general information
about observing sites in the area, regardless of if their data was used in this study. For detailed information about
the stations used in this study,
please refer to our documentation.

Using the National Climatic Data Center's (NCDC) station search engine, locate other climate stations within:
 +/-30 minutes
                  ...OR...
 +/-1 degree
                 of this location (35.6/-80.8333). Digital ASCII data can be obtained directly from NCDC.

Hydrometeorological Design Studies Center
DOC/NOAA/National Weather Service
1325 East-West Highway
Silver Spring, MD 20910
(301) 713-1669
Questions?: HDSC.Questions@noaa.gov

Disclaimer




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