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HomeMy WebLinkAboutNCS000515_Stormwater Management Plan Pease_20200921�i�Pease A LaBella Affiliate Engineering Architecture Environmental Planning ice.. Stormwater Management Program Submitted to: Town of China Grove North Carolina ease Project Number 212129 March 2012 Engineering & Architecture, PC 520 South Boulevard, Suite 210 :harlotte, North Carolina 28203 P. 704.376.6423 F. 704.332.6177 www.pease-ae.com TABLE OF CONTENTS Comprehensive Stormwater Management Program Report Town of China Grove, North Carolina 0.0 Executive Summary 0.1 Introduction 0.2 Program Components 0.3 Applicable State Water Quality Programs 0.4 Receiving Streams 0.5 Conclusions 1.0 Storm Sewer System Information 1.1 Population Served 1.2 Growth Rate 1.3 Jurisdictional and MS4 Services Areas 1.4 MS4 Conveyance System 1.5 Land Use Composition Estimates 1.6 Estimate Methodology 1.7 TMDI Identification 2.0 Hydrology 2.1 Watersheds 2.2 Receiving Streams 3.0 Existing Water Quality Programs 3.1 Local Programs 3.2 State Programs 4.0 Permitting Information 4.1 Responsible Party Contact List 4.2 Organizational Chart 4.3 Signing Official 4.4 Duly Authorized Representative 5.0 Co -Permitting Information (if applicable) 5.1 Co-Permittees 5.2 Legal Agreements 5.3 Responsible Parties Pease Commission No. 212129 March 2012 6.0 Reliance on Other Government Entity 6.1 Name of Entity 6.2 Measure Implemented 6.3 Contact Information 6.4 Legal Agreements 7.0 Stormwater Management Program 7.1 Public Education and Outreach on Storm Water Impacts 7.2 Public Involvement and Participation 7.3 Illicit Discharge Detection and Elimination 7.4 Construction Site Stormwater Runoff Control 7.5 Post -Construction Storm Water Management in New Development and Redevelopment 7.6 Pollution Prevention/Good Housekeeping for Municipal Operations Appendices A Figure 1 Watershed Overview (1"=3000') Figure 2 Receiving Streams (1"=2000') Figure 3 Outfall Location Map (1"=2000') B Town Stormwater Quality Management and Discharge Ordinance C Yadkin -Pee Dee Basin wide Water Quality Management Plan D Sedimentation Pollution Control Act of 1973 (SPCA) E Employee Training Guidelines and Forms F Record Keeping Guidelines and Forms G Materials Inventory Guidelines and Forms H Spill Prevention Planning Guidelines and Forms I Outfall Reconnaissance Inventory/Sample Collection Field Sheet J Town NPDES Stormwater Discharge Permit K NCDENR Annual Stormwater Program Reporting Form L NCDENR Stormwater Program Compliance Checklist M Detailed System Maps (1"=150') N Watershed Overview Map (1"=1500') Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program 0.0 Executive Summary 0.1 Introduction This report updates the Town's existing Stormwater Management Program and includes modifications to the original report submitted in 2005. Specifically, revisions have been made to the six (6) program implementation measures outlined in Section 7 of the report. This updated report also includes detailed mapping of the Town's existing stormwater infrastructure and a copy of the Town's stormwater quality management and discharge control ordinance. This Stormwater Management Program was developed for the Town of China Grove for compliance with the National Pollutant Discharge Elimination System (NPDES) Phase II Storm Water Rule (The Rule). The North Carolina Division of Water Quality (DWQ) includes the Town of China Grove on the list of small municipal separate storm water systems (MS4s) that must comply with the Phase II Storm Water -final Rule. MS4 stormwater management programs must be fully developed and implemented within 5 years of the permit issuance. �. Municipalities across the state and county are faced with increasing requirements to monitor and control stormwater runoff. These efforts stem from awareness that improving water quality requires controls of non -point source pollutants. The Federal government published a Final Rule for NPDES Phase II Storm Water permits, which addresses MS4 stormwater discharges and construction sites that disturb greater than 1 acre. 0.2 Proaram Components The Rule requires MS4s to develop and implement a stormwater management program (Program) designed to protect water quality by reducing the discharge of pollutants from their MS4. The Program must include the following six (6) minimum measures: 0.2.1 Public Education and Outreach on Stormwater Impacts One of the major components of the Phase II NPDES Storm Water rules is public education and outreach. The success of the Program and compliance with the MS4s' NPDES stormwater permit will be more likely if the public is aware of their existence and purpose. Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program The EPA encourages the MS4s to enter into partnership with their State in fulfilling the public education requirement. MS4s must implement a public education program to: ■ Distribute educational materials to the community, or ■ Conduct equivalent outreach activities about the; o Impacts of stormwater discharges on water bodies, and o Steps to reduce stormwater pollution The public education and outreach program should be target to specific potential polluters including: ■ Individuals. ■ Households. ■ Senior Citizens, adults, adolescents, and children. ■ Minority groups. ■ Developers. ■ Disadvantaged communities. ■ Commercial, industrial, and institutional entities likely to have significant stormwater impacts. Examples of strategies include: ■ Distributing brochures or fact sheets. ■ Sponsoring speaking engagements before community groups. ■ Providing public service announcements. ■ Implementing educational programs targeted at school age children. ■ Informing individuals and groups on how to get involved with community -based projects such as: o Storm drain stenciling. o Watershed and stream cleanups. o Local stream and restoration activities. The public education program should inform individuals and households about steps that can be taken to reduce stormwater pollution such as: ■ Septic tank system maintenance. ■ Limiting use and runoff of garden chemicals. ■ Protecting and restoring riparian vegetation. ■ Proper disposal of household hazardous wastes. ■ Proper disposal of restaurant grease. ■ Proper disposal and spill control of service station chemicals. Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program Resources for obtaining public education pamphlets currently exist from a variety of organizations and governmental agencies including: ■ American Public Works Association. ■ North Carolina State Cooperative Extension. ■ US Environmental Protection Agency. ■ North Carolina Department of Natural Resources. ■ Other State nonpoint source pollution control programs under Section 319 of the Clean Water Act. 0.2.2 Public involvement/Participation The Rule requires that MS4s comply with applicable State and Local public notice requirements. The EPA recommends a public participation process with efforts to reach out and engage all economic and ethnic groups for the following: 1. Early and frequent public involvement can shorten implementation schedules and broaden public support for the program. 2. Public participation is likely to ensure a more successful program by providing valuable expertise and a conduit to other programs and governments. Possible ways that members of the public may participate in the program development and implementation include: ■ Serving on a stakeholder group. ■ Attending public hearings. ■ Working as citizen volunteers to educate others about the program. ■ Assisting in Program coordination with existing programs. ■ Participating in volunteer monitoring efforts. Stakeholder groups provide an excellent forum for discussion and consensus building around challenging initiatives such as establishing a stormwater utility. Possible Stakeholders include, but are not limited to: ■ Individual property owners. ■ Developers. ■ Realtors. ■ Home Builders Associations. Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program ■ State and City governmental agencies. ■ Political interest groups. ■ Planners. ■ Environmentalists. ■ Designers. ■ Research institutions. 0.2.3 Illicit Discharge Detection and Elimination The illicit discharge detection and elimination requirements of the Rule are fairly extensive. MS4 must, at a minimum, develop, implement, and enforce an illicit discharge detection and elimination program. The requirements include: ■ Develop a storm sewer system map showing: o All outfalls. o Names and locations of all waters that receive discharges from those outfalls. ■ Legally prohibit (through an ordinance or other regulatory mechanism): o Illicit discharge into the storm sewer systems. o Implement enforcement procedures and actions as needed. ■ Develop and implement a plan to detect and address illicit discharges and illegal dumping to the system. ■ Inform the public employees, business, and the general public of hazards associated with illegal discharges and improper disposal of wastes. The Rule requires a set of maps that shows the locations of all outfalls and names and locations or receiving waters. In addition to the maps, the EPA recommends gathering additional information from existing Town records and walking (or boating) streambanks to verify the outfall locations. Once an illicit discharge is detected at an outfall, it may be necessary to map that portion of the storm sewer system leading to the outfall in order to locate the source of the discharge. The EPA recommends that Illicit Discharge Detection and Elimination Plans include procedures for the following: Locating priority areas for more detailed screening. Tracing the source of an illicit discharge by: o Identifying the source chemical characteristics. o Determining the actual location of the source by following flow up the system via: ❖ Chemical testing in manholes or channels. •'• Television storm sewers. Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program ❖ Using infrared and thermal photography. ❖ Conducting smoke or dye tests. ■ Removing the source of an illicit discharge by: o Notifying the property owner. o Specifying a length of time for eliminating the discharge. o Describing procedures for additional notifications and escalation of legal actions if the discharge is not eliminated. ■ Program evaluation and assessment by: o Documenting actions taken to locate and eliminate illicit discharges such as: ❖ Number of outfalls screened. ❖ Complaints received and corrected. ❖ Feet of storm sewers televised. ❖ Number of discharges and quantities of flow eliminated. ❖ Number of dye or smoke tests conducted. This documentation should be submitted as part of the annual reports for the first permit term. 0.2.4 Construction Site Stormwater Runoff Control The Rule requires MS4s to develop, implement, and enforce a pollutant control program to reduce pollutants in any stormwater runoff from construction activities that result in land disturbance of 1 or more acres. Currently, the State and County are administering the Sediment Erosion Control on behalf of the Town. The construction runoff control program must include: ■ An ordinance (or other regulatory mechanism) to require erosion and sediment controls to the extent allowable under the law. ■ Sanctions to ensure compliance: o Non -monetary penalties. o Fines. o Bonding requirements. o Permit denials for non-compliance. ■ Requirements for owner/developers to implement best management practices (BMPs). ■ Procedure for pre -construction site plan review that includes consideration of potential water quality impacts. This procedure should also include a review of site erosion and sediment control plans. ■ Requirements to control construction wastes and chemicals that adversely affect water quality. ■ Procedures for receipt of public comments/complaints. For example: Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program o Log public complaints on existing stormwater runoff problems from construction sites and pass that information on to local inspectors for investigation. ■ Procedures for regular inspections. o Steps to identify priority sites for inspection. ■ Enforcement based on: o The nature and extent of the construction activity. o Topography. o Characteristics of soils. o Receiving water quality. ■ Procedures for enforcement and penalties. 0.2.5 Post — Construction Stormwater Management The Rule requires the MS4s to develop, implement, and enforce a program to address stormwater runoff from new development and redevelopment projects that result in land disturbance of greater than or equal to 1 acre that discharge into the MS4. As part of the Program, the MS4s must: ■ Develop and implement strategies that include a combination of structural and/or non-structural Best Management Practices (BMPs) appropriate for the community that: o Minin-dze water quality impacts. o Attempts to maintain pre -development runoff conditions. o If possible, utilize locally based watershed planning efforts. ■ Use an ordinance (or other regulatory mechanism) to address post - construction runoff from new development to the extent possible by law. Policies and ordinance should: o Provide requirements and standards to direct growth to identified areas. o Protect sensitive areas such as wetlands and riparian areas. o Maintain and/or increase space. o Provide buffers along sensitive water bodies. o Minimize impervious surfaces and directly connected impervious surfaces. o Minimize disturbance of soils and vegetation. o Encourage infill development in higher density urban areas and areas with existing storm water infrastructure. o Encourage cluster developments that provide for greater open space, recreation, stream protection, and stormwater control. Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program ■ Ensure adequate long-term operation and maintenance of BMPs. The EPA recommends that small MS4 operators ensure the appropriate implementation of the structural BMPs by considering: o Pre -construction review of BMP designs. o Inspections during construction to verify BMPs are built as designed. o Post -construction inspection and maintenance of BMPs. o Sanctions to ensure compliance with design, construction or operations and maintenance requirements of the program. o Evaluating various operation and maintenance (O&M) agreement options. ■ Ensure that controls are in place that should minimize water quality impacts. A suite of suitable structural and non-structural BMPs is available. 0.2.6 Pollution Prevention/Good Housekeeping for MS4 Operations The MS4 is required to develop and implement an O&M program that has the ultimate goals of preventing or reducing stormwater from municipal operations. The O&M program must include a training component that addresses prevention measures pertaining to municipal operations. The EPA also encourages consideration of the following in developing an O&M program: ■ Implement maintenance activities, maintenance schedules, and long-term inspection procedures for structural and non-structural stormwater controls to reduce floatable and other pollutants discharged from the storm sewers. ■ Implement controls for reducing or eliminating the discharge of pollutants from streets, municipal parking lots, maintenance and storage yards, waste transfer stations, fleet or maintenance shops with outdoor storage areas and salt/sand storage areas. ■ Adopt procedures for the proper disposal of waste removed from the separate storm sewer systems and areas listed above. ■ Adopt procedures to ensure that new flood management projects are assessed for impacts on water quality and existing projects are assessed for incorporation of additional water quality protection devices or practices. Pollution prevention/good housekeeping for MS4 operations could result in cost savings by minimizing possible damage to the system and BMPs from floatable and other debris and, consequently, reducing the need for repairs. Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program Additionally, to comply with the NPDES Phase H regulations, the MS4's Stormwater Program must identify BMPs to be implemented in the above program, measurable goals for water quality improvement, the start and completion dates for each activity, and the person or persons responsible for implementing the MS4's Program. 0.3 Applicable State Water Quality Proarams The State has multiple programs and potential funding sources which address water quality. The following is a list of some of the programs and funding sources: ■ Regulations/Programs: 0 Basinwide Management. o Total Maximum Daily Loads (TMDL). o Water Quality Standards and Classifications. 0 Stormwater Management. 0 Clean Water Act. 0 Sedimentation and Erosion Control Plan of Action. 0 Water Supply Watershed Protection Program. 0 Solid Waste Management Act. o Clean Water Responsibility and Environmentally Sound Policy Act. r ■ Potential Funding Sources: 1 o Clean Water Management Trust Fund. 0 1999 Clean Water Budget. 0 Conservation Reserve Enhancement Program. 0 Wetlands Restoration Program. 0.4 Receivina Streams The Town of China Grove contributes stormwater runoff to three receiving streams and their tributary streams, the streams are: ■ Grants Creek ■ Cold Water Creek ■ Town Creek The streams are shown on Figure 2 in Appendix A. Cold Water Creek is adjacent to Interstate 85 (I85) and flows in a south direction into Buffalo Creek in Cabarrus County. Buffalo Creek flows into the Rocky River. Cold Water Creek is in the Yadkin -Pee Dee River Subbasin 03-07-12. Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program Grants Creek is located on the west side of China Grove and delineates a portion of the Town limits. Grants Creek flows north through Salisbury and discharges into the Yadkin River; Grants Creek is in the Yadkin -Pee Dee River Subbasin 03-07-04. The Yadkin -Pee Dee Basinwide Water Quality Management Plan prepared by NC Division of Water Quality identified the lower section of Grants Creek upstream of the confluence with the Yadkin River as impaired waters. The headwaters of Town Creek are located northeast of the Town Limits of China Grove. The Creek begins just east of SR 2553 and flows west parallel to NC 152 up to I85. At I85 the creek turns northeast and flow through Salisbury and into the Yadkin River. Although the Creek is outside of the current ETJ, areas within the ETJ drain into the Creek. The Yadkin - Pee Dee River Basin Wide Water Quality Management Plan prepared by NC Division of Water Quality identified Town Creek as being an impaired water from the headwaters to the Yadkin River. Impaired waters are those waters, which only partially support or do not support their designated uses based on DWQ monitoring data. The streams are impaired, in part, because of nonpoint sources of pollution, which likely, includes stormwater discharges. The basis for the impaired status of the streams included habitat degradation and a few occurrences of low dissolved oxygen (DO) and elevated turbidity. Sections of the watersheds are highly developed and stormwater runoff was identified as a likely major contributor to the impairment. Among the 2002 recommendations in the Basinwide Plan were the requirement for municipalities to obtain NPDES permits for stormwater systems under Phase II Stormwater Rules along with restoration of riparian vegetation and wetlands. Copies of The Forward, Executive Summary, Yadkin -Pee River Basin Overview, Chapter 4 and Chapter 12 of the Yadkin Pee -Dee Basinwide Water Quality Management Plan, which include the subbasin water quality overview and the 2001/2002 status and recommendations for these streams, are included in Appendix C. 0.5 Conclusions The following Stormwater Management Program for the Town of China Grove was prepared in accordance with the NC DWQ Phase II Stormwater Management Program requirements and instructions. Implementation of the program will result in protecting and significantly improving the water quality of the receiving streams, which will contribute to achieving the goal of the Basinwide Water Quality Management Plan of improving water quality in the Yadkin -Pee Dee River Basin. Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program 1.0 Storm Sewer System Information 1.1 Population Served The Town's present population is 3,569 according to 2010 US Census Data (from NC Office of State Budget and Management). This is approximately a 1.2% decrease from the 2000 estimate of 3,616. No seasonal population was identified. Estimated population within the ETJ is 1,520. 1.2 Growth Rate Although the annualized 10-year growth rate from 1990 to 2000 was approximately 32.4% based on 2000 US Census data, the population within the Town has remained flat from 2000 to 2010. 1.3 Jurisdictional and MS4 Services Areas: City Limits Plus ETJ: 5.96 Square Miles. MS4 Services area: 2.14 Square Miles. 1.4 MS4 Conveyance System: Storm drainage within the Town of China Grove consists of a broken network of pipes, ditches and open channels, which were installed at different times by many different entities. The flow of storm water travels through both public and privately maintained areas, and the level of improvements installed are the option of the property owner. The overall drainage area is relatively small and is served by three major creeks and numerous tributary steams. Therefore, the typical drainage path from overland flow to the outfall is short. The Town recently inventoried the conveyance system and prepared detailed maps of the entire system within the Town's municipal boundary limits. Existing stormwater piping: +24,000 feet of 8" to 48" diameter piping Stormwater inlets: +276 inlets Outfalls or discharge points: +60 (size from 12" to 60" diameter) Figure 3 of Appendix A is a location map of all inventoried outfalls within the Town's municipal boundaries. Appendix M includes detailed system maps showing the location of all inlets, piping and outfalls. Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program 1.5 Land Use Composition Estimates ETJ Summa Zoning Classification Total Existing Area within ETJ Acres Minimum Residential Lot Size (Sq Ft) Approximate Existing Units per Acre Allowable Units Under Current Zoning Persons per Unit Total Projected Allowable Population B-1 2.393 B-2 29.331 B-3 190.046 M-1 949.1 M-2 152.326 -1 95.94 R-1 829.056 8,500 5.1 4,249 2.5829 10,974 R-2 209.745 7,0 6.2 1,305 2.5829 3,371 R-3 353.276 7,000 6.2 2,198 2.5829 5,678 R-R 1823.559 10,000 4.4 7,943 2.5829 20,51 R-S 551.872 12,000 3.6 2,003 2.5829 5,174 Unclassified 43 560 1.0 0 2.5829 Totals 5186.731 1 17 6 45,7151 Current Land Use Residential 73% Business and Commercial 4% Manufacturing and Industrial 21% Open Space 2% 1.6 Estimate Methodoloav Percentages were estimated from zoning map classifications. 1.7 TMDL Identification The USEPA developed an approach called total maximum daily loads (TMDL) for determining the total waste (pollutant) loading from point and nonpoint sources that a stream or other water body can assimilate and maintain its designated uses. With the TMDL approach streams, which do not meet water quality standards, are identified and the State establishes priorities for actions Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program needed to meet water quality goals. There are no defined TMDLs within the Town's watershed. Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program 2.0 Hvdroloav 2.1 Watersheds The Town contributes stormwater runoff to three receiving streams and their associated watersheds. Runoff from the Town primarily enters either the Grants Creek or Cold Water Creek watersheds. A very small portion enters the Town Creek watershed. Between Grants Creek and Cold Water Creek, approximately two thirds of the Town's runoff enters the Grants Creek watershed and the other one third enters the Cold Water Creek watershed. Figure 1 in Appendix A illustrates the boundaries of the Grants Creek and Cold Water Creek watersheds and their major sub -catchments, relative to the Town's municipal and ETJ boundaries. Another watershed overview map, at a scale of 1"=1500' and including contours, is included in Appendix N. 2.2 Receiving Streams - Detailed Listina The tributary streams are listed in the order in which they occur beginning at the most downstream point of the named Creek within the program area and proceeding upstream. The direction of flow of Grants Creek and Town Creek is from south to north. Cold Water Creek flows from the north to the south. The "E" and "W" designations indicate that the tributary is located to either the east or the west side of the main creek. The numerical designation indicates the order of occurrence from the �. most far point in the program area downstream to most upstream point in the program area. Figure 2 in Appendix A illustrates the receiving streams in the program area. Major Receiving Stream Water Quality Use Water Quality Stream Name Segment Classification Support Issues Rating Grants Creeks 12-110 C O Fecal Coliform, Turbidity, Sediment Town Creek 12-115-3 C O DO, Turbidity Cold Water Creek 13-17-9- WS-IV O Fecal Coliform 4(0.5) Cold Water Creek - Beginning north of intersection SR 1243 and I-85 and ending north of NC 152 and south of intersection of I-85 and 29/601. ■ Unnamed Tributary W-1 Cold Water Creek ■ Unnamed Tributary W-2 Cold Water Creek ■ Unnamed Tributary W-3 Cold Water Creek at SR 1232 ■ Unnamed Tributary E-1 Cold Water Creek at SR 1339 ■ Unnamed Tributary W-4 Cold Water Creek ■ Unnamed Tributary W-5 Cold Water Creek at SR 1337 ■ Unnamed Tributary E-2 Cold Water Creek at SR 1337 Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program ■ Unnamed Tributary E-3 Cold Water Creek at NC 152 Grants Creek — Beginning southwest of SR1505 and ending at SR1211 ■ Unnamed Tributary E-1 to Grants Creek o Unnamed Tributary E-1A ■ Unnamed Tributary E-2 to Grants Creek o Unnamed Tributary E-2A ■ Unnamed Tributary E-3 to Grants Creek ■ Unnamed Tributary W-1 to Grants Creek o Unnamed Tributary W-1A ■ Unnamed Tributary W-2 to Grants Creek ■ Unnamed Tributary W-3 to Grants Creek ■ Unnamed Tributary E-4 to Grants Creek at SR 1225 ■ Unnamed Tributary W-4 to Grants Creek ■ Unnamed Tributary E-5 to Grants Creek ■ Unnamed Tributary W-5 to Grants Creek ■ Unnamed Tributary E-6 to Grants Creek Town Creek — Beginning at headwaters east of SR 2553 and ending at intersection SR 1505 and I-85. No tributary streams are included in the program area. Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program 3.0 Existina Water Quality Proarams 3.1 Local Proarams There are currently no local water quality programs for the Town of China Grove. 3.2 State Programs Town of China Grove is in compliance with the requirements of the North Carolina Sediment and Erosion Control Program. The program is administered for the Town by Rowan County Environmental Services. Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program 4.0 Permitting Information 4.1 Responsible Party Contact List Position Name Phone #No. Fax #No. Email Address Town Manager Ken Deal 704-857-2466 Ext: 101 704-855-1855 townmanager@chinagrovenc.gov Public Works Director David Ketner 704-857-2466 Ext: 401 704-855-1855 dketner@chinagrovenc.gov Stormwater Administrator Pamela Mills 704-857-2466 Ext: 104 704-855-1855 pm ills@chinagrovenc.gov Town Clerk Amanda Eller 704-857-2466 Ext: 102 704-855-1855 aeller@chinagrovenc.gov Town Attorney Tom Brooke 704-857-6121 704-857-6540 tmb@brookelaw.com Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program 4.2 Organizational Chart Town of China Grove Organizational Chart ChinaCitizens of Grove t yorngle Town Manager Ken Deal Town Attorney Town Clerk iom &Doke Amanda Eller 1 Stomrwater -oNce Planning 4dmintrator Public Services Finance Recreaflon 7 Fire's Pamela Mils David Ketner Mary Bopp Landscape Fleet Operations Management Street solid Division Waste Drainage System Maintenance 4.3 Signing Official Pamela Mills, Stormwater Administrator 4.4 Duly Authorized Representative Not Applicable Pease Commission No. 212129 March 2012 11pLu Arj'�Alr .,..� DEC a 3 2012 NCDENR North Carolina Department of Environment and Natural Resources r� A Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Governor Director November 19, 2012 Town of China Grove Ken Deal, Town Manager 308 East Centerview Street China Grove, North Carolina 28023 Subject: NPDES Permit Number NCS000515 Dear Mr. Deal: Dee Freeman Secretary In accordance with your application for a stormwater discharge permit received on April 23, 2012, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated May 9, 1994 (or as subsequently amended). If any parts contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other State, Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mike Randall at telephone number 919-807-6374 or mike.randall@ncdenr.gov. Sincerely, -- ��) A2'.Ooe for Charles Wakild, P. E. cc: Mike Mitchell, EPA Region N Stormwater and General Permit Unit Files DWQ Mooresville Regional Office Wetlands and Stommater Branch 1617 had Service Center, Raleigh, North Carol ra 27699-161 Locatw: 512 N. Salisbury Si Ra6gh Nwh Carolina 2-,14 Phone, e19-80'-6300'�. FAX 019 bur-6494 ;unto ae, Sean•- 1 87--1 1-6,4� mternri www-vvet•.rGjahty.org One NorthCarolina A2k oiia Opportunq � Aff,navve AG: a E—; uy STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS000515 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Town of China Grove is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the Town of China Grove's jurisdictional area to receiving waters of the State within the Yadkin -Pee Dee River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, VI, VII and V III hereof. This permit shall become effective December 1, 2012. This permit and the authorization to discharge shall expire at midnight on November 30, 2017. Signed this day, November 15, 2012. for C arles Wakild, P. E., Director Division of Water Quality By the Authority of the Environmental Management Commission THIS PAGE INTENTIONALLY BLANK 0 PERMIT NO. NCS000515 TABLE OF CONTENTS PART I PERMIT COVERAGE PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE) SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS SECTION H: TOTAL MAXIMUM DAILY LOADS (TMDLS) PART III PROGRAM ASSESSMENT PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS i THIS PAGE INTENTIONALLY BLANK PERMIT NO. NCS000515 PART I PERMIT COVERAGE l . During the period beginning on the effective date of the permit and lasting until expiration, the Town of China Grove is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters within the Yadkin -Pee Dee River Basin. Such discharge will be controlled, limited and monitored in accordance with this permit and the pen-nittee's Stormwater Quality Management Program, herein referred to as the Stormwater Plan. The Stormwater Plan shall detail the permittee's stormwater management program for the five-year term of the stormwater permit. 2. All discharges authorized herein shall be managed in accordance with the terms and conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. 3. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. 4. This permit covers activities associated with the discharge of stormwater from the MS4 within the jurisdictional area of the permittee. The permit applies to the jurisdictional area of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with permittee. Agreements for coverage under this permit shall be approved by the Division of Water Quality, herein referred to as the Division. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the permittee may petition the Division to revoke or deny coverage under this permit for specific entities. 6. All provisions contained and referenced in the Stormwater Plan along with all provisions and approved modifications of the Stormwater Plan are incorporated by reference and are enforceable parts of this permit. 7. The permit requires the proper implementation of the Stormwater Plan. The purpose of the Stormwater Plan is to establish the means by which the permittee will describe how it is in compliance with the permit. Compliance with the six minimum measures in 40 CFR § 122.34(b) and the additional provisions of Session Law 2006-246 constitute compliance with the requirements of this permit, the Clean Water Act and Session Law 2006-246 to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Implementation of best management practices consistent with the provisions of the Stormwater Plan constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. Part I Page 1 of 2 PERMIT NO. NCS000515 8. The permit authorizes the point source discharge of stormwater runoff from the MS4. In addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if such discharges are: (a) Permitted by, and in compliance with, another permit, authorization, or approval, including discharges of process and non -process wastewater, and stormwater associated with industrial activity; or (b) Have not been determined to be significant sources of pollutants to the MS4 and may include: • water line and fire hydrant flushing; • landscape irrigation; • diverted stream flows; • rising groundwaters; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from uncontaminated potable water sources; • foundation drains; • air conditioning condensate (commercial/residential); • irrigation waters; • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from fire fighting activities. The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan. 9. Unless otherwise stated, full compliance with the requirements of the permit is expected upon the effective date of the permit. Part I Page 2 of 2 PERMIT NO. NCS000515 PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION The permittee will implement, manage and oversee all provisions of its Stormwater Plan to control to the maximum extent practical the discharge of pollutants from its municipal storm sewer system associated with stormwater runoff and illicit discharges, including spills and illegal dumping. The overall program implementation, however, will be subject to, at a minimum, annual review by the Division to determine implementation status and progression toward meeting the pollutant control intent of the Stormwater Plan. This includes, but is not limited to, the following areas: 1. The permittee will maintain adequate legal mechanism, such as regulations, ordinances, policies and procedures to implement all provisions of the Stormwater Plan. The Division will be notified of major modifications of these authorities, the reasons and justifications for these changes. The Division may comment on these modifications as deemed necessary to assure appropriate implementation of the Stormwater Plan. 2. The permittee must evaluate program compliance, the appropriateness of best management practices, and progress towards achieving measurable goals at least annually.. The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan and meet all requirements of this permit. The Stormwater Plan shall identify a specific position(s) responsible for the overall coordination, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position(s) assignments provided. 4. The permittee will implement provisions of the Stormwater Plan and evaluate the performance and effectiveness of the program components at least annually. Results will be used by the permittee to modify the program components as necessary to accomplish the intent of the Stormwater Program. If the permittee implements the six minimum control measures and the discharges are determined to cause or contribute to non -attainment of an applicable water quality standard, to address the non -attainment, the permittee shall expand or better tailor its BMPs within the scope of the six minimum control measures. The permittee is required to keep the Stormwater Plan up to date. Where the permittee determines that modifications are needed to address any procedural, protocol, or programmatic change, such changes shall be made as soon as practicable, but not later than 90 days, unless an extension is approved by the Division. Major modifications to the Stormwater Plan shall be submitted to the Director for approval. The permittee is required to make available its Stormwater Plan to the Division upon request. At a minimum, the permittee shall include ordinances, or other regulatory mechanisms or a list identifying the ordinances, or other regulatory mechanisms providing the legal authority necessary to implement and enforce the requirements of the permit. The Division may review reports submitted by the permittee to assure that the Stormwater Plan is implemented appropriately to address the requirements of the permit. The Division may require modifications to any part of the permittee's Stormwater Plan where deficiencies are found. If modifications to the Stormwater Plan are necessary then the Division will notify the permittee of the need to modify the Stormwater Plan to be consistent with the permit and will establish a deadline to finalize such changes to the program. Part II Page 1 of 15 PERMIT NO. NCS000515 6. Pursuant to 40 CFR 122.35, an operator of a regulated small MS4 may share the responsibility to implement the minimum control measures with other entities provided: a. The other entity, in fact, implements the control measure; b. The particular control measure, or component thereof, is at least as stringent as the corresponding NPDES permit requirement; and c. The other entity agrees to implement the control measure on behalf of the MS4. The permittee remains responsible for compliance if the other entity fails to perform the permit obligation and may be subject to enforcement action if neither the permittee nor the other entity fully performs the permit obligation. 7. The permittee shall maintain, and make available to the Division upon request, written procedures for implementing the six minimum control measures. Written procedures shall identify specific action steps, schedules, resources and responsibilities for implementing the six minimum measures. Written procedures can be free standing, or where appropriate, integrated into the Storm Water Management Plan. Part Il Page 2 of 15 PERMIT NO. NCS000515 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach Distribute educational materials to the community or conduct equivalent outreach activities addressing impacts of storm water discharges on water bodies and the steps the public can take to reduce pollutants in storm water runoff. 2. BMPs for Public Education and Outreach The permittee shall implement the following BMPs to meet the objectives of the Public Education and Outreach Program. M b e. is -fflw a. Goals and Objectives Define goals and objectives of the Local Public Education and Outreach Program based on community wide issues. b. Describe target pollutants The permittee shall maintain a description of the target and/or stressors pollutants and/or stressors and likely sources. c. Describe target audiences The permittee shall maintain a description of the target audiences likely to have significant storm water impacts and why they were selected. d. Describe residential and The permittee shall describe issues, such as pollutants, likely industrial/commercial issues sources of those pollutants, impacts, and the physical attributes of stormwater runoff, in their education/outreach program. e. Informational Web Site The permittee shall promote and maintain, an internet web site designed to convey the program's message. f. Distribute public education The permittee shall distribute stormwater educational material to materials to identified target appropriate target groups. Instead of developing its own audiences and user groups. For materials, the permittee may rely on Public Education and example, schools, homeowners, Outreach materials supplied by the state, and/or other entities and/or businesses. through a cooperative agreement, as available, when implementing its own program. g. Maintain Hotline/Help line The permittee shall promote and maintain a stormwater hotline/helpline for the purpose of public education and outreach. h. Implement a Public Education The permittee's outreach program, including those elements and Outreach Program. implemented locally or through a cooperative agreement, shall include a combination of approaches designed to reach the target audiences. For each media, event or activity, including those elements implemented locally or through a cooperative agreement the permittee shall estimate and record the extent of ex osure. Part II Page 3 of 15 PERMIT NO. NCS000515 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION u 1. Objectives for Public Involvement and Participation Involve the community in the development and implementation of the stormwater program by implementing a public involvement and participation program. 2. BMPs for Public Involvement and Participation The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program. BMP Measurable Goals - a. Volunteer community The permittee shall include and promote volunteer opportunities involvement program designed to promote ongoing citizen participation. b. Mechanism for Public The permittee shall provide and promote a mechanism for public involvement involvement that provides for input on stormwater issues and the stormwater program. c. Hotline/Help line The permittee shall promote and maintain a hotlineihelpline for the purpose of public involvement and participation. Part II Page 4 of 15 PERMIT NO. NCS000515 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE) 1. Objectives for Illicit Discharge Detection and Elimination a. Implement and enforce a program to address the detection and elimination of illicit discharges into the MS4. b. Maintain a storm sewer system map, showing the location of all major outfalls and the names and location of all waters of the United States that receive discharges from those outfalls; C. Prohibit, through ordinance, or other regulatory mechanism, non -storm water discharges except as allowed in this permit and implement appropriate enforcement procedures and actions; d. Implement a plan to detect and address non -storm water discharges, including illegal dumping, to the MS4; e. Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste; and f. Address the following categories of non -storm water discharges or flows (i.e., illicit discharges) only if you identify them as significant contributors of pollutants to the MS4: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the effective prohibition against non -storm water and need only be addressed where they are identified as significant sources of pollutants to waters of the United States). 2. BWs for Illicit Discharge Detection and Elimination The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elimination Program. FMOM a. Maintain adequate legal authorities The permittee shall annually review the permittee's IDDE ordinances or other regulatory mechanisms, or adopt any new ordinances or other regulatory mechanisms that provide the permittee with adequate legal authority to prohibit illicit connections and discharges and enforce the approved IDDE Program. b. Maintain a Storm Sewer System The permittee shall maintain a current map showing major Base Map of Major Outfalls. outfalls and receiving streams c. Detect dry weather flows The permittee shall develop and implement a program for conducting dry weather flow field observations in accordance With a written procedure for detecting and removing the sources of illicit discharges. Part II Page 5 of 15 PERMIT NO. NCS000515 BW Measurable Goads d. Investigations into the source of all The permittee shall maintain written procedures for identified illicit discharges. I conducting investigations of identified illicit discharges. e. Track investigations and document The permittee shall track all investigations and document the illicit discharges date(s) the illicit discharge was observed; the results of the investigation; any follow-up of the investigation; and the date the investigation was closed. f. Employee Training The permittee shall implement and document a training program for appropriate municipal staff who as part of their normal job responsibilities, may come into contact with or otherwise observe an illicit discharge or illicit connection to the storm sewer system. g. Provide Public Education The permittee shall inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. h. Public reporting mechanism The permittee shall promote, publicize, and facilitate a reporting mechanism for the public and staff to report illicit discharges and establish and implement citizen request response procedures. i. Enforcement The permittee shall implement a mechanism to track the issuance of notices of violation and enforcement actions as administered by the permittee. This mechanism shall include the ability to identify chronic violators for initiation of actions to reduce noncompliance. Part II Page 6 of 15 PERMIT NO. NCS000515 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS Pursuant to 40 CFR 122.35(b), the permittee may rely on the Rowan County Sediment and Erosion Control Program to comply with this minimum measure. The Rowan County Sediment and Erosion Control Program effectively meets the maximum extent practicable (MEP) standard for Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development as authorized under the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. The Rowan County Sediment and Erosion Control Program continues to be monitored by the State to ensure the County effectively meets the MEP standard established by the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. The NCGO 10000 permit establishes requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. The permittee shall provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems. The permittee may implement a plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. Part II Page 7 of 15 PERMIT NO. NCS000515 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls a. Implement and enforce a program to address storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into the MS4. The program shall ensure that controls are in place that would prevent or minimize water quality impacts. b. Implement strategies which include a combination of structural and/or non-structural best management practices (BMPs) appropriate for the community; C. Use an ordinance or other regulatory mechanism to address post -construction runoff from new development and redevelopment projects; and d. ' Adequate long-term operation and maintenance of BMPs. 2. BMPs for Post -Construction Site Runoff Controls The permittee shall implement the following BMPs to meet the objectives of the Post - Construction Stormwater Management Program. a. Adequate legal authorities Maintain through an ordinance, or other regulatory mechanism, adequate legal authorities to meet the objectives Maintain Post-Construction Site Runoff Controls program. The permittee shall have the authority to review designs and proposals for new development and redevelopment to determine whether adequate stormwater control measures will be installed, implemented, and maintained. The permittee shall have the authority to request information such as stormwater plans, inspection reports, monitoring results, and other information deemed necessary to evaluate compliance with the Post -Construction Stormwater Management Program. The permittee shall have the authority to enter private property for the purpose of inspecting at reasonable times any facilities, equipment, practices, or operations related to stormwater discharges to determine whether there is compliance with the Post -Construction Stormwater Management Program. b. Strategies which include BMPs The permittee shall adopt the DWQ BMP Design Manual appropriate for the MS4 or certify that the local BMP Design Manual meets or exceeds the requirements in the DWQ BMP Design Manual. Part II Page 8 of 15 PERMIT NO. NCS000515 c. Plan reviews The permittee shall conduct site plan reviews of all new development and redeveloped sites that disturb greater than or equal to one acre (including sites that disturb less than one acre that are part of a larger common plan of development or sale). The site plan review shall address how the project applicant meets the performance standards and how the project will ensure long-term maintenance. d. Inventory of projects with post- The permittee shall maintain an inventory of projects with construction structural stormwater post -construction structural stormwater control measures control measures installed and implemented at new development and redeveloped sites, including both public and private sector sites located within the permittee's jurisdictional area that are covered by its post -construction ordinance requirements. e. Deed Restrictions and Protective The permittee shall provide mechanisms such as recorded Covenants deed restrictions and protective covenants so that development activities maintain the project consistent with approved plans. f. Provide a mechanism to require The permittee shall implement or require an operation and long-term operation and maintenance plan for the long-term operation of the maintenance of structural BMPs. structural BMPs required by the program. The operation and maintenance plan shall require the owner of each structural BMP to perform and maintain a record of annual inspections of each structural BMP. Annual inspection of permitted structural BMPs shall be performed by a qualified professional. g. Inspections of Structural To ensure that all stormwater control measures meet the Stormwater Control Measures permittee's performance standards and are being maintained pursuant to the maintenance agreement, the permittee shall develop and implement a written inspection program for structural stormwater controls installed pursuant to the permittee's post -construction program. The permittee shall document and maintain records of inspections, findings and enforcement actions and make them available for review by the permitting authority. h. Educational materials and training The permittee shall make available through paper or for developers electronic means, ordinances, post -construction requirements, design standards checklist, and other materials appropriate for developers. New materials may be developed by the permittee, or the permittee may use materials adopted from other programs and adapted to the permittee's new development and redevelopment program. Part II Page 9 of 15 PERMIT NO. NCS000515 j. Enforcement The permittee shall track the issuance of notices of violation r! and enforcement actions as administered by the permittee. This mechanism shall include the ability to identify chronic violators for initiation of actions to reduce noncompliance. 3. Post -construction Stormwater Runoff Controls for New Development a. In order to fulfill the post -construction minimum measure program requirement the permittee may use the Department's model ordinance, design its own post -construction practices that meet or exceed the Department's Stormwater Best Management Practices Manual on scientific and engineering standards, or develop its own comprehensive watershed plan that is determined by the Department to meet the post -construction stormwater management measure required by 40 Code of Federal Regulations § 122.34(b)(5) (1 July 2003 Edition). The permittee shall meet the requirements of the post -construction program for construction projects that are performed by, or under contract for, the permittee. To meet this requirement, the permittee may either develop the necessary requirements for post - construction controls that will pertain to their own projects, or develop procedures to ensure that the permittee meets these requirements by complying with another entity's Phase 11 Stormwater Management Programs for post -construction. If the permittee decides to rely on another program for compliance with these program areas for their own projects, they shall indicate in their Stormwater Management Program that the permittee will fully comply with the requirements of the second party's post -construction programs C. Adoption of the Universal Stormwater Management Program (USMP) meets the requirement to develop and implement a Post -Construction Program by the local government adopting an ordinance that complies with the requirements of 15A NCAC 02H .1020 and the requirements of 15A NCAC 02B .0104(f). Adoption of the USMP may not satisfy water quality requirements associated with the protection of threatened or endangered species or those requirements associated with a Total Maximum Daily Load (TMDL). d. Compliance with the stormwater management and water quality protection required by Session Law 2006-246, effectively meets the Post -construction Stormwater Runoff control requirements within the non Coastal Counties. Part II Page 10 of 15 PERMIT NO. NCS000515 L SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations a. Implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. b. Provide employee training to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance. 2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal Operations The permittee shall implement the following BMPs to meet the objectives of the Pollution Prevention and Good Housekeeping Program. a. Inventory of municipally The permittee shall maintain, a current inventory of facilities and owned or operated facilities operations owned and operated by the permittee with the potential for generating polluted stormwater runoff. b. Operation and Maintenance The permittee shall maintain and implement, evaluate annually (O&M) for municipally owned and update as necessary an Operation and Maintenance (O&M) or operated facilities program for municipal owned and operated facilities with the potential for generating polluted stormwater runoff. The O&M program shall specify the frequency of inspections and routine maintenance requirements. c. Spill Response Procedures The permittee shall have written spill response procedures for municipally owned or operated facilities. d. Streets, roads, and public The permittee shall evaluate BMPs to reduce polluted stormwater parking lots maintenance runoff from municipally -owned streets, roads, and public parking lots within the jurisdictional area. Within 12 months, the permittee must update its Stormwater Plan to include the BMPs selected. e. Streets, roads, and public Within 24 months, the permitee must implement BMPs selected to parking lots maintenance reduce polluted stormwater runoff from municipally -owned streets, roads, and public parking lots. f. Operation and Maintenance Within 12 months, the permittee shall develop and implement an (O&M) for municipally - O&M program for the stormwater sewer system including catch owned or maintained catch basins and conveyance systems that it owns and maintains. basins and conveyance systems Part II Page 11 of 15 PERMIT NO. NCS000515 BMP Measurable Goa b g. Identify structural stormwater The permittee shall maintain a current inventory of municipally - controls owned or operated structural stormwater controls installed for compliance with the permittee's post -construction ordinance. h. O&M for municipally -owned The permittee shall maintain and implement an O&M program for or maintained structural municipally -owned or maintained structural stormwater controls stormwater controls installed for compliance with the permittee's post -construction ordinance. The O&M program shall specify the frequency of inspections and routine maintenance requirements. The permittee shall inspect and maintain municipally -owned or maintained structural stormwater controls in accordance with the schedule developed by permittee. The permittee shall document inspections and maintenance of all municipally -owned or maintained structural stormwater controls. i. Pesticide, Herbicide and The permittee shall ensure municipal employees and contractors Fertilizer Application are properly trained and all permits, certifications, and other Management. measures for applicators are followed. j. Staff training The permittee shall implement an employee training program for employees involved in implementing pollution prevention and good housekeeping practices. k. Prevent or Minimize The permittee shall describe and implement measures to prevent Contamination of Stormwater or minimize contamination of the stormwater runoff from all areas Runoff from all areas used for used for vehicle and equipment cleaning. Vehicle and Equipment Cleaning Part II Page 12 of 15 PERMIT NO. NCS000515 SECTION H: TOTAL MAXIMUM DAILY LOADS (TMDLs) 1. Objective a. Determine whether a TMDL has been developed and approved or established by EPA for the receiving water(s) of the MS4 stormwater discharge and/or downstream waters into which the receiving water directly flows. b. Develop and implement BMPs to reduce non -point source pollutant loading to the maximum extent practicable (MEP) if the permittee is or becomes subject to an approved TMDL with an approved Waste Load Allocation (WLAs) assigned to stormwater. C. If subject to an approved TMDL, the permittee is in compliance with the TMDL if the permittee complies with the conditions of this permit, including developing and implementing appropriate BMPs to reduce non -point source pollutant loading to the maximum extent practicable (MEP). While improved water quality is the expected outcome, the NPDES MS4 permit obligation is to reduce non -point source pollutant loading to the maximum extent practicable (MEP). The MS4 permittee is not responsible for attaining water quality standards (WQS) at the ambient monitoring stations. The Division expects attaining WQS will only be achieved through reduction from the MS4, along with reductions from other nonpoint source contributors. 2. Best Management Practices (BMPs) At any time during the effective dates of this permit, if the permittee is or becomes subject to an approved TMDL with an approved Waste Load Allocation (WLAs) assigned to stormwater, the permittee shall implement the following BMPs to reduce non -point source pollutant loading to the maximum extent practicable (MEP): Measurable Goals a. Identify, describe and Within 12 months the permittee shall prepare a plan that: map watershed, • Identifies the watershed(s) subject to an approved TMDL with an outfalls, and streams approved Waste Load Allocation (WLAs) assigned to stormwater, • Includes a description of the watershed(s), • Includes a map of watershed(s) showing streams & outfalls • Identifies the locations of currently known major outfalls within its jurisdictional area with the potential of contributing to the cause(s) of the impairment to the impaired segments, to their tributaries, and to segments and tributaries within the watershed contributing to the impaired segments and • Includes a schedule to discover and locate other major outfalls within its jurisdictional area that may be contributing to the cause of the impairment to the impaired stream segments, to their tributaries, and to segments and tributaries within the watershed contributing to the impaired segments. b. Existing measures Within 24 months the pennittee's plan : • Shall describe existing measures being implemented by the permittee to enhance water quality in the watershed to which the TMDL applies; and • Provide an explanation as to how those measures are designed to enhance water auality. Part II Page 13 of 15 PERMIT NO. NCS000515 BMP unable Goals c. Assessment of Within 24 months the permittee's plan shall include an assessment of available monitoring available monitoring data. Where long-term data is available, this data assessment should include an analysis of the data to show trends. d. Monitoring Plan Within 36 months the permittee shall develop and submit to the Division a Monitoring Plan for each pollutant of concern or cause of impairment as specified in the TMDL. The permittee shall maintain and implement the Monitoring Plan as additional outfalls are identified and as accumulating data may suggest. Following any review and comment by the Division the permittee shall incorporate any necessary changes to monitoring plan and initiate the plan within 6 months. Modifications to the monitoring plan shall be approved by the Division. Upon request, the requirement to develop a Monitoring Plan may be waived by the Division if the existing and proposed measures are determined to be adequate to enhance water quality and reduce non -point source pollutant loading to the maximum extent practicable (MEP). e. Additional Measures Within 36 months the permittee's plan: • Shall describe additional measures to be implemented by the permittee to enhance water quality in the watershed to which the TMDL applies; and • Provide an explanation as to how those measures are designed to enhance water quality. f. Implementation Plan Within 48 months the permittee's plan shall:: • Describe the measures to be implemented within the remainder of the permit term to enhance water quality in the watershed to which the TMDL applies and • Identify a schedule for completing the activities. g. Incremental Success The permittee's plan must outline ways to track and report successes designed to reduce non -point source pollutant loading to MEP. Successes could include increased inspections, expanded and/or tailored BMPs within the scope of the six minimum measures, structural and non-structural BMP installed and/or implemented, including retrofits, and strategies developed and implemented for development and redevelopment that include green infrastructure and LID practices. h. Reporting The permittee shall conduct an annual assessment of the program to enhance water quality in the watershed to which the TMDL applies and submit a report of the assessment to the Division. Any monitoring data and information generated from the previous year are to be submitted with each annual report. Part II Page 14 of 15 PERMIT NO. NCS000515 3. If no storm water waste load allocation is specified in the TMDL If there was no storm water waste load allocation in the TMDL, in lieu of developing a Water Quality Recovery Plan, the permittee shall evaluate strategies and tailor and/or expand BMPs within the scope of the six minimum measures to enhance water quality recovery strategies in the watershed(s) to which the TMDL applies. The permittee shall describe the strategies and tailored and/or expanded BMPs in their Stormwater Management Plan and annual reports. 4. Information regarding North Carolina TMDLs Information regarding North Carolina TMDLs is available at: http://portal.ncdenr.org/web/wq/ps/mtu/tmdl/tmdis Part II Page 15 of 15 THIS PAGE INTENTIONALLY BLANK PERMIT NO. NCS000515 PART III PROGRAM ASSESSMENT The permittee's annual reporting and monitoring activities in support of this permit will be used to document and indicate progress in implementation, and evaluate the effectiveness and results of the Stormwater Plan and individual components of the program. The Division may request additional reporting and monitoring information as necessary to evaluate the progress and results of the permittee's Stormwater Plan. Implementation of the Stormwater Plan will include documentation of all program components that are being undertaken including, but not limited to, inspections, maintenance activities, educational programs, implementation of BMPs, enforcement actions, and other stormwater activities. Documentation will be kept on -file by the permittee for a period of five years and made available to the Director or his authorized representative upon request. 2. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an annual basis to identify modifications and improvements needed to maximize Stormwater Plan effectiveness to the maximum extent practicable. The permittee shall develop and implement a plan and schedule to address the identified modifications and improvements. The permittee must submit annual reports to the Department within twelve months from the effective date of this permit. Subsequent annual reports must be submitted every twelve months from the scheduled date of the first submittal. Annual reports that include appropriate information to accurately describe the progress, status, and results of the permittee's Stormwater Plan and will include, but is not limited to, the following components: a. The permittee will give a detailed description of the status of implementation of the Stormwater Plan as a whole. This will include information on development and implementation of each major component of the Stormwater Plan for the past year and schedules and plans for the year following each report. b. The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). C. The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. d. The permittee will include a summary of data accumulated as part of the Stormwater Plan throughout the year along with an assessment of what the data indicates in light of the Stormwater Plan. The annual report shall include an assessment of compliance with the permit, information on the establishment of appropriate legal authorities, inspections, and enforcement actions. Part III Page 1 of 2 PERIMIT NO. NCS000515 The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within 90 days of such notice, the permittee will submit a plan and time schedule to the Director for modifying the Stormwater Plan to meet the requirements. The Director may approve the plan, approve a plan with modifications, or reject the proposed plan. The permittee will provide certification in writing in accordance with Part IV, Paragraph 7(c) to the Director that the changes have been made. Nothing in this paragraph shall be construed to limit the Director's ability to conduct enforcement actions for violations of this permit. 4. The Division may request additional reporting information as necessary to evaluate the progress and results of the permittee's Stormwater Plan. Part III Page 2 of 2 PERMIT NO. NCS000515 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS 1. Records The permittee shall retain records of all monitoring information, including all calibration and maintenance records and copies of all reports required by this permit, for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director. 2. Annual Reporting Completion and submittal of the reporting information contained within the online BIMS Stormwater Management Program Assessment (SMPA) meets the annual reporting requirements of this permit. 3. Twenty-four Hour Reporting The permittee shall report to the Division any noncompliance that may constitute an imminent threat to health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes, the period of noncompliance and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. 4. Additional Reporting In order to properly characterize the permittee's MS4 discharges or to assess compliance with this permit, the Director may request reporting information on a more frequent basis as deemed necessary either for specific portions of the permittee's Stormwater Plan, or for the entire Program. 5. Other Information Where the permittee becomes aware that it failed to submit any relevant facts or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. G. Planned Changes The permittee shall notify the Director of any planned modifications to the Stormwater Plan. Notice shall be given as soon as possible when deleting a provision of the approved Stormwater Plan; or where the modification could significantly change the timeframe for implementation of parts of the program or negatively influence the effectiveness of the approved program. Notice of any changes is required at least through the annual report. Part IV Page 1 of 2 PERMIT NO. NCS000515 7. Report Submittals a. All reports required herein, not submitted electronically shall be submitted to the following address: Department of Environment and Natural Resources Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 b. All applications, reports, or information, other than those submitted electronically, shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a duly authorized representative only if: The authorization is made in writing by a principal executive officer or ranking elected official; The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for environmental/stormwater matters; and iii. The written authorization is submitted to the Director. C. Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page 2 of 2 PERMIT NO. NCS000515 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of permit coverage upon renewal application. a. The permittee shall comply with standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $37,300 per day for each violation). Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $16,000 per violation with the maximum amount not to exceed $177,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class II violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500). Part V Page 1 of 5 PERMIT NO. NCS000515 2. Duty to Mitigate The permittee shall take reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. 6. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 7. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the coverage issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required by this permit. 8. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part V Page 2 of 5 PERMIT NO. NCS000515 9. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 10. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 11. Duty to Reapply The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit a permit renewal application and fees as are required no later than 180 days prior to the expiration date of this permit. Any permittee that has not requested renewal at least 180 days prior to expiration, or any discharge that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subject to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et seq. The renewal application shall include a review of the Stormwater Program development and implementation over the life of this permit, the status of programs and a description of further program development to be implemented over the future permitting time period. Part V Page 3 of 5 PERMIT NO. NCS000515 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures, when necessary. This provision requires the operation of back-up or auxiliary facilities or similar systems that are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. Part V Page 4 of 5 PERMIT NO. NCS000515 SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS 1. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records shall be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records of the permittee that shall be kept under the conditions of this permit; Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations of the permittee regulated or required under this permit; and Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location under the control of the permittee. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division of Water Quality. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Part V Page 5 of 5 THIS PAGE INTENTIONALLY BLANK PERMIT NO. NCS000515 PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Part VI Page 1 of 1 THIS PAGE INTENTIONALLY BLANK PERMIT NO. NCS000515 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee shall pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part VII Page 1 of I THIS PAGE INTENTIONALLY BLANK PERMIT NO. NCS000515 PART VIII DEFINITIONS Act See Clean Water Act. 2. Best Management Practice (BMP) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can be structural or non-structural and may take the form of a process, activity, physical structure or planning (see non-structural BMP). 3. Built -upon Area That portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. 4. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 5. Common Plan of Development A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: • In separate stages • In separate phases • In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. It can include one operator or many operators. 6. Department Department means the North Carolina Department of Environment and Natural Resources Division (DWO) The Division of Water Quality, Department of Environment and Natural Resources. Part V I II Page 1 of 5 PERMIT NO. NCS000515 8. Director The Director of the Division of Water Quality, the permit issuing authority. 9. EMC The North Carolina Environmental Management Commission. 10. Illicit Discharge Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non-stormwater discharges, and discharges resulting from fire -fighting activities. 11. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. 12. Large or Medium Municipal Separate Storm Sewer System All municipal separate storm sewers that are either: (a) Located in an incorporated place with a population of 100,000 or more as determined by the Decennial Census by the Bureau of Census; or ^ (b) Located in the counties with unincorporated urbanized populations of 100,000 or more, (�J� except municipal separate storm sewers that are located in the incorporated places, townships or towns within such counties; or (c) Owned or operated by a municipality other than those described in paragraph (a) or (b) and that are designated by the Director as part of the large or medium separate storm sewer system. 13. Major municipal separate storm sewer outfall (or "major outfall") Major municipal separate storm sewer outfall (or "major outfall") means a municipal separate storm sewer outfall that discharges from a single pipe with an inside diameter of 36 inches or more or its equivalent (discharge from a single conveyance other than circular pipe which is associated with a drainage area of more than 50 acres); or for municipal separate storm sewers that receive storm water from lands zoned for industrial activity (based on comprehensive zoning plans or the equivalent), an outfall that discharges from a single pipe with an inside diameter of 12 inches or more or from its equivalent (discharge from other than a circular pipe associated with a drainage area of 2 acres or more). Part V I I I Page 2 of 5 PERMIT NO. NCS000515 14. Municipal Separate Storm Sewer System (MS4) Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (a) Owned or operated by the United States, a State, city, town, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. (b) Designed or used for collecting or conveying stormwater; (c) Which is not a combined sewer; and (d) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 15. Non-stormwater Dischar eg Categories The following are categories of non-stormwater discharges that the permittee shall address if it identifies them as significant contributors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). 16. Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (1) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water quality impacts; (4) other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. Part V I I I Page 3 of 5 PERMIT NO. NCS000515 17. Outfall Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the United States and are used to convey waters of the United States. 18. Permittee The owner or operator issued this permit. 19. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 20. Redevelopment Means any rebuilding activity unless that rebuilding activity; (a) Results in no net increase in built -upon area, and (b) Provides equal or greater stormwater control than the previous development. 21. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 22. Storm Sewer System Is a conveyance or system of conveyances which are designed or used to collect or convey stormwater runoff that is not part of a combined sewer system or treatment works. This can include, but is not limited to, streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains that convey stormwater runoff. 23. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. Part V I I I Page 4 of 5 PERMIT NO. NCS000515 24. Stormwater Management Program (SWMP) The term Stormwater Management Program (SWMP) refers to the stormwater management program that is required by the Phase I and Phase II regulations to be developed by MS4 permittees. 25. Stormwater Plan The Stormwater Plan is the written plan that is used to describe the various control measures and activities the permittee will undertake to implement the stormwater management program. The Stormwater Plan is a consolidation of all of the permittee's relevant ordinances or other regulatory requirements, the description of all programs and procedures (including standard forms to be used for reports and inspections) that will be implemented and enforced to comply with the permit and to document the selection, design, and installation of all stormwater control measures. 26. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 27. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. Part VIII Page 5 of 5 Comprehensive Stormwater Management Program 5.0 Co -Permitting Information Not Applicable to the Town of China Grove SWMP. Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program 6.0 Reliance on Other Govemment Entity 6.1 Name of Entity Rowan County Environmental Services 6.2 Measure Implemented Erosion and Sediment Control Minimum Measure 6.3 Contract Information Greg Greene, Environmental Specialist 2727-D Old Concord Road Salisbury, NC 28146 704-216-8591 6.4 Legal Agreements Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program 7.0 Stormwater Manaaement Prosaram Plan (SWMPI The SWMP must be designed to reduce the discharge of pollutants from the Town of China Grove and the ETJ to the maximum extent practicable (MEP). The SWMP must be implemented and enforced to satisfy the appropriate water quality requirements of the Clean Water Act. The period of time for fully developing and implementing the SWMP is five (5) years from the effective date of the NPDES stormwater permit. The Towes permit became effective in 2007 The Town has completed portions of their SWMP. Specific BMPs or tasks which have been completed are indicated as such. BMPs remaining to be completed are identified for years six through ten, or 2013 through 2017. 7.1 Public Education and Outreach on Stormwater Impacts A public education program and other outreach activities that will inform the community about the impacts of stormwater discharges on receiving streams and the steps that the public can take to reduce pollutants in storm water runoff will be developed and implemented. The Best Management Practices (BMP) that will be developed and implemented are summarized in Table 7.1.1 Pease Commission No. 212129 March 2012 § tb , .4 k � ■ § § , cc 6 �� E\ 38 §{ 0 000 0. E �E AIL < §2 R R CC x x �a)x x moox x mr- x x sex x \\ ¢0 M k° � �$ 2-©k c�e� §°c® •�®� �a)-a) (\kk§ )LD 152eca 7■ate Ica E as o $ r-�� �k���S ac cr k�iƒ�-0 �0 E§ER®A I _ E2=§ 0�__ oo $ �E c 3 a9)§- m$: §CLR �§CD §0 CL Icfab0 ca a) 0 CL \ / CL ' = a) ` E e E a o §=c&f M72b0 afa�am e cu 0 tJ�g ���CE oa)5 CD GRe�e \22§r- 2_ E• �o§o ei§Z5 R$.0mEa � k e0 c a IL c ca- c2 m \� f�2 E2� (D0) k E.cm 9 9§ 222 Bc <m0 m Comprehensive Stormwater Management Program 1 7.1.1 Target Audiences School children, households, businesses and industries will be the target audiences. They can be reached in a cost effective manner and could make significant contributions to the prevention of stormwater pollution. 7.1.2 Target Pollutant Sources Lawn and gardening activities can result in contamination of stormwater. Stormwater runoff may be contaminated with pesticides, fertilizers and sediment. Environmentally friendly landscape management can effectively reduce water use and runoff of contaminants. It is important for municipalities to set good examples, which may include avoiding or phasing out use of weed killers or harmful pesticides and implementing environmentally friendly lawn and garden activities on municipal property. Practices to be implemented by the municipality and to be promoted to property owners, may include landscape planning and design, planting indigenous species, soil testing, the reduction or elimination of the use of fertilizers and pesticides, use of mulches, efficient irrigation, and reduction of turf (lawn) areas in favor of non -turf areas where practical. Benefits of environmentally friendly design include: ■ Reduced maintenance requirements ■ Prevention of over application of fertilizers ■ Minimization of watering requirements ■ Reduced mowing requirements, which reduces air, water and noise pollution ■ Stabilization of exposed soils ■ Reduced probability of stormwater contamination Proper disposal of trash and elimination of litter. Disposal of household chemicals, used oil, and anti freeze. 7.1.3 Outreach Program The Town will implement a public education program to distribute educational materials to the community and conduct equivalent outreach activities about the impact of stormwater discharge on water bodies and the steps that the public can take to reduce pollutants in stormwater runoff. The town's efforts may include but are not limited to: ■ Using stormwater educational material provided by the State, EPA, environmental, public interest or trade organizations. Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program ■ Informing individuals and households about the steps they can take to reduce stormwater pollution, such as ensuring proper septic tank maintenance, modifying landscaping, disconnected impervious area (such as roof downspouts), ensuring the proper use and disposal of landscape and garden chemicals including fertilizer and pesticides, protecting and restoring riparian vegetation, and properly disposing of motor oil, household hazardous waste, or pet waste. ■ Inform individuals and groups how to become involved in local stream, lake, and river restoration activities as well as activities that are coordinated by youth service and conversation corps and citizen groups. ■ Tailoring the program, using a mix of locally appropriate strategies, to target the specific audience. For example, providing information to garages on the impact of oil discharges or the explanation to school children that storm water flows into a nearby creek and eventually ends up in the water they drink. 7.1.4 Decision Process Each BUT was judged to be an effective and economical tool for educating the general public and specific groups in the community. 7.1.5 Evaluation The Town will form a staff committee to review all stormwater program BMPs for effectiveness. The recommendations of the committee will be included in the annual report. Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program 7.2 Public Involvement and Participation Public involvement and participation can broaden support for the program, make implementation easier and increase the likelihood for the success of the program. The Town of China Grove will as a minimum comply with State and local public notice requirements when implementing a public involvement/participation program. EPA recommends public participation in the development, review and implementation of SWMP. The process should make efforts to reach out and engage all economic and ethnic groups. The public notification process will endeavor to reach out and obtain participation and support from all economic and ethnic groups. The Town will endeavor to provide opportunities for public participation in program development and implementation. The BMPs that will be developed and implemented by the Town are summarized in Table 7.2.1. Opportunities for the public to participate in program development and implementation may include: ■ Serving as a citizen representative an stormwater management panel ■ Attending public hearings ■ Working as citizen volunteer to educate other individuals about program ■ Assisting with program coordination with other pre-existing programs ■ Participating in volunteer monitoring efforts Pease Commission No. 212129 March 2012 r a 2 O L O L �o L m w L ciQ 0 E y E E a L N o •� L O .c d rb •— E cn — E c a 0 h° H CL ffl m T x M li co x co x c co E C Co Q L cm C O a i E .nn c co co co (3.2 y .,°— V � Q C'3 ° C a a O ° y O E 15 y Q IC ) ° M N co N N C E g m°' C O 2 L m 'Z W 3�i .0 °ca L y ° S c >o CIS 2.9 �� a` m rn a o a mE c ccc (D � U ° E E o L U) r (y Comprehensive Stormwater Management Program 7.2.1 Target Audience The public hearing for the development of the Stormwater Management Program and the NPDES Phase II application will target all interested and affected members of the China Grove community. 7.2.2 Participation Program Public Hearings are set by Town Council during their regularly scheduled meetings. The date is announced and the time and place of the Public Hearing is advertised for a minimum of 10 days prior to the hearing. The legal notices for hearings are administered by the Town Clerk and may be reviewed for compliance by the City Attorney. 7.2.3 Decision Process The Town will use the public hearings as the most direct and efficient means of involving all interested citizens in the process of developing and implementing the Stormwater Management Program. 7.2.4 Evaluation Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program l 7.3 Illicit Discharae Detection and Ellmination 40CRF 122.26(6)(2) defines an illicit discharge as any discharge to an MS4 that is not composed entirely of stormwater, except discharges as may be allowed pursuant to an NPDES permit, including those resulting from fire fighting activities. Non-stormwater discharges can include discharge of process water air condition condensate, non -contact cooling water, vehicle wash water or sanitary waste. These discharges typically result from unauthorized connector to the storm sewers. Other non-stormwater discharge of flows may include the following: ■ Water line flushing ■ Landscaping irrigation ■ Diverted stream flows ■ Foundation drains ■ Pumped ground water ■ Potable water discharges ■ Crawl space pumps ■ Law watering ■ Residential car washing ■ Swimming pool discharges ■ Street wash water The program should include the following: ■ Procedures for locating priority areas likely to have illicit discharges ■ Procedures for training the sources of an illicit discharge ■ Procedures for removing the sources of the discharge ■ Procedures for program evaluation and assessment A program must be developed, implemented and enforced to detect and eliminate illicit discharge into the storm sewer system. 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C N CD > d (D a Y °) 3 o Cam; °E C c.E- C �� of m _E p my c y o C E CD 0 y C cm co C C a V C (D ` U U O N C O c C 3 a) a) co O L O V U N 'p 22 ar E0 2 Z `o a.S L °' 3 L a) E y L m m L m L E ° O VJ c ca tm a L O >+ (A ° O O C c G � 0ca w o 0 C o o E °(o ° -•5a) co cEa)o•°'C a)�(a IL r2 E CO C •C ` O C V U 7 N E 00 O�CA °� ° ° ° ° °sUU13 o ca ° a= y U O m� E U d a�oa V C)L y O C C °�`aEmcls O C w y cu aO °m c c°O afa�y cm ca3 YEa) D I'D°3 c�>+co CL CD �� aa)CLM a) E" s�E"0oa°i Ec�E w m 16c � 0 D o n`_ E'c5 3: CCUa CL—.0 0 voi FT- N ,) .It lA N N W-1 CE f W IL 30 Ey 3ca E 3 EA a c2 O O 'C n 'C 'C O �E Cl)E —O �E U W.- 0 IL 3Q 3Q 3Q N H F°- 0 a GC o }r } w X X } co X X r` X 2� } W� O '0 0 N o N aa) cc w 01 � •3 a m E E w y Q N a) C C y O O w 0 N C y ca c — a E 00) U C y v y N �� a E y0 a�i IL C.)3 vTi m o o M E n 3 w cts o c D—E p 3 •— O cm_ FE ca 3 = c o E E c c o a) c y += 2 yU CD cE :� n VJ ,U c-0 y o p Dom � w3 f0 I� -o m ►-1 Comprehensive Stormwater Management Program 7.3.1 Storm Sewer System Map A storm sewer map showing the location of all outfalls and the names and location of all receiving streams will be prepared. Aerial photographs of the area encompassed by the boundary of the area of extraterritorial jurisdiction (ETJ) will be utilized as the base map. Topographic data (contours) and streams centerlines data will be obtained from the North Carolina Department of Transportation database. Information will be obtained from the Rowan County GIS USGS. In addition to these sources of information including river basin, stream and tributary names and subbasin designations will be obtained from the Yadkin -Pee Dee Basinwide Water Quality Management Plan. Mapping of the Town's stormwater system has been prepared and is included with this report. Maps were prepared using ESRI's ArcView mapping software and are GIS compatible. Appendix A includes maps showing receiving watersheds, receiving streams, and outfall locations. Detailed system maps have been prepared at a scale of 1"=150' and include aerial imagery, contours, streams, parcels and roads. The detailed system maps are included in Appendix M. An index map is provided which shows, in green shading, the maps included with this report. { 7.3.2 Regulatory Mechanism This part of the program will establish the legal and administrative authority to regulate, respond to and enforce regulations prohibiting illicit discharge in the community. The program will be comprehensive and may include development and adoption, new regulations or amendment of existing regulations. It may also include the review of current building codes (plumbing) and enforcement practices to ensure appropriate connections are prohibited and integration of this part of the program with other programs including public outreach and employee training. The illicit discharge detection and elimination (IDDE) program will be established under the same jurisdiction that will oversee the other MS4 NPDES requirements. This may be an existing authority such as the Town Manager or department head or it could be a new committee or authority formed to administer the program. It may also be appropriate to consider collaborating with other communities, which share the same receiving streams and to consider implementation based on the watershed basin. The Town of China Grove will demonstrate that it has adequate legal authority to successfully implement and enforce its own IDDE program and will work Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program with Rowan County in areas such as plumbing and enforcement and public health where jurisdiction and enforcement responsibilities overlap. If deemed appropriate after appropriate investigation and consideration a new, stand alone illicit discharge ordinance can be developed that supersedes all other related local regulations. The IDDE program whether accomplished through existing mechanisms or through a new ordinance would include the following key components: ■ Prohibit illicit discharge ■ Investigation of suspected discharges ■ Require and enforce elimination of illicit discharge ■ Address unique conditions or special requirements ■ Clearly define illicit discharge ■ Clearly define illicit connections ■ Identify non-streamwater discharges or other flows that are not illicit ■ Clarify right-of-way ■ Define enforcement tools and provide escalating enforcement measures ■ Establish tracking and reporting system The Town has adopted a stormwater quality management and discharge control ordinance which provides the legal and administrative authority to implement the IDDE program. A copy of the ordinance is included with this report. 7.3.3 Enforcement The new IDDE ordinance or other regulations, which became part of the IDDE program, will define enforcement tools. The choice of tools will be appropriate for the volume and type of illicit discharge, the impact of the discharge or water quality and will consider whether the discharge was intentional or accidental. The enforcement measures will be escalating beginning with notification and requests for voluntary criminal prosecution for serious violations or on -going non-compliance. Methods of approval will also be provided. Enforcement tools may include the following: ■ Written notification with voluntary compliance ■ Administrative fines/penalties imposed by responsible local jurisdiction ■ Civil penalties imposed by judicial authority ■ Compensatory action Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program rr Criminal prosecution 1. Cost of abatement of violation or property lien ■ Cease and desist order(s) ■ Suspension of related public services (water and sewer) ■ Stop work order ■ Revocation of permits (building) 7.3.4 Detection and Elimination The approach for the detection and elimination of illicit discharge will include an assessment of the potential for illicit discharges. Mapping and other available data will be used to determine the potential severity of illicit discharges within the program area. A priority system for identifying discharge will be developed, which ranks businesses based on their potential for illicit discharge. A typical ranking for business types would be as follows: High Potential Automobile -related business/Facilities and heavy manufacturing Moderate Potential Printing companies, cleaners and laundries, photo processors, utilities, paint stores, water conditioners, laboratories, construction companies and medium and light manufacturing Low Potential Institutional facilities, private service agencies, retail establishments and schools 7.3.4.1 Procedures locating priority areas This part of the program will use mapping and other available data to determine the potential for illicit discharges. The procedures will include: Delineate watersheds and drainage basins within MS4 area Compile available mapping and data including land use Screen and rank potential illicit discharges 7.3.4.2 Procedures for tracking sources of illicit discharge Field work, consisting of rapid field screening of outfalls in priority (� watersheds and drainage basins, will be key to tracking the sources of illicit discharges. Monitoring of suspect outfalls to determine the type Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program �- and characteristics of the flow may also be required. The procedures will include reconnaissance of streams (walk) to inventory and measure storm drain outfalls. The reconnaissance can reveal obvious potential illicit discharges, which may have high turbidity, strong odors or color. Simple tests using test strips to indicate excessively high or low ph can also be utilized. Discharge such as a fuel or oil spill can also be detected during the reconnaissance. A typical outfall Reconnaissance Inventory/Sample Collection Field Sheet is included in Appendix I. The next step would be to select the type of indicators needed to determine if the discharge is illicit and implement a plan to monitor the discharge. The work along with the analytical services may be performed in house or may be out sourced. 7.3.4.3 Procedures for removing source of the illicit discharges Steps will be taken to eliminate an illicit discharge once it has been identified. Elimination of the illicit discharge will require a determination of the following: Who is responsible for the discharge? What methods can be used to eliminate the discharge? How long will it take to eliminate the discharge? How can the elimination of the discharge be confirmed? Initial action will include the identification of the responsible party and issuance of a notice of violation (NOV). Methods of removal will involve education of the responsible party and enforcement. Some discharges can be eliminated simply by making the property owners aware of the problem while the elimination of other discharges may require an aggressive enforcement approach. 7.3.4.4 Procedures for evaluation of plan to detect and eliminate illicit discharges As a minimum the IDDE program should be evaluated annually to determine if progress is being made towards measurable goals. A tracking system will be developed and will include the following: ■ Up-to-date mapping showing outfall locations ■ Data on surveyed streams with locations of obvious, suspect and potential illicit discharge ■ Results of sampling for specific streams, outfalls and storm drains Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program r ■ Frequency of hotline use and related number of confirmed illicit discharges ■ Cost of the program ■ Number of discharges eliminated ■ Number and status of enforcement actions The evaluation of the program can be utilized to assess the effectiveness of the various elements of the program and resources can be shifted to areas that are most effective at eliminating the discharges 7.3.5 Non-Stormwater Discharge Non-Stormwater discharges can include process water, air conditioner condensate, non -contacting cooling water, vehicle wash water or sanitary waste and typically are the result of an unauthorized connection to storm drains. These discharges can be significant sources of pollutants and are illegal. Elimination of non-stormwater discharges is an effective BMP and it will be implemented if it is determined that non-stormwater discharges are significant contributor of pollutants in the MS4. Most non-stormwater discharges can be detected by observing discharge points in the stormwater collection system during periods of dry weather. Indication of these discharges may include strains, smudge, odors and other abnormal conditions. The identification of non-stormwater discharges should be a part of every facilities operation and maintenance program. Annual inspection should be conducted to determine, if new processes, procedures, additions or plant changes have resulted in unintentional or unauthorized connection to the stormwater system. 7.3.6 Occasional incidental non-stormwater discharges Occasional incidental discharges are difficult to detect. The most effective way to manage these discharges is to promote pollution prevention practices in the community that prevent them from occurring. Many common practices and behaviors can cause occasional discharges. Individually the practices cause relatively small discharges and pollution. However, collectively these discharges can produce significant pollutant loads. These practices may include: ■ Individual and group car washes ■ Swimming pool draining ■ Household/waste storage and disposal ■ Changing fluids in vehicle(s) Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program ■ Septic system maintenance ■ Pressure washing of driveways and houses Car washes are often used as fund raising events by Churches and charity organizations. Septic systems are often taken for granted until they backup or break out on the surface of the lawn. Subsurface failures, which are most common, go undetected. Shade tree mechanics change their own automobile fluids. The typical home garage storage building or tool shed contains a lot of products that are hazardous including paints, stains, solvents, lubricants, pesticides, herbicides and cleaning products. Spills and leaking containers can result in the discharges of these products. Routine maintenance of swimming pools can result in the discharge of chlorinated water or filter backwash water. The Town will initially exclude these discharges from the category of illicit discharges and will promote the elimination of these discharges through public education, media and outreach programs. 7.3.7 Outreach Employee training programs will be established to teach employees about stormwater management, potential sources of illicit discharges and BMPs. The tobjective of the training programs will be to instill all personnel with a thorough understanding of the SWMP purpose, practices for detecting discharge and procedures for eliminating illicit discharges. The program may be standardized and repeated as necessary to train new employees and to keep objectives in front of other employees. The program will be flexible and will be adapted, as the Town's needs change over time. Frequent communication with employees will be key to insuring that the outreach to employee is effective. This part of the SWMP will be coordinated with the pollution prevention/good housekeeping for municipal operations part of the SWMP. Educational materials will be distributed to targeted businesses. The outreach materials will be designed to educate business owners and employees about pollution prevention practices and regulations. The public will participate in the development and implementation of the outreach portion of the program. 7.3.8 Decision Process The IDDE program will result in the development, implementation and enforcement of a comprehensive program with the goal of eliminating all illicit discharges in the MS4. Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program The individual BMP's have been identified and presented in Section 7.3.1 along with measurable goals and responsible parties. The IDDE program includes measures to identify, locate and eliminate illicit discharges by providing the following: ■ Procedures for locating likely priority areas for illicit discharges ■ Procedures for tracking the source of an illicit discharge ■ Procedures for removing the source of the discharge ■ Procedures for program evaluation and assessment 7.3.9 Evaluation The detection and elimination of illicit discharges are frequently a new idea for many communities IDDE programs should be flexible to respond to the changing needs and attitude of the community. The program should be evaluated annually and modified as needed. Tracking systems should be in place to measure progress towards the measurable goals. The tracking system should include: ■ Updated mapping of the program area ■ Stream survey with location of known or potential discharges ■ Program -to -date costs ■ Results of sampling and analysis of streams, outfalls and storm drains ■ Number of hotline calls ■ Number of discharges detected and eliminated ■ Number and status of enforcement actions Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program 7.4 Construction Site Stormwater Runoff Control The Town of China Grove will rely on the Sedimentation Pollution Control Act of 1973 (SPCA) (Amended through 1999) NCGS Chapter 113A Article 4 to provide the measures to control construction site stormwater runoff for all land -disturbing activities on tracts of 1 acre or more. The requirements of the SPCA are enforced by the NC Department of Environment and Natural Resources Division of Land Resources Land Quality Section. The act is administered and enforced locally by the Rowan County Department of Environmental Services Erosion and Sediment Control. A copy of the SPCA is in Appendix D. The Town will monitor the Rowan County Department of Environmental Services program for effectiveness in meeting the stated goals within the Town's jurisdiction. DWQ Stormwater general permits will also be relied upon. The general permit authorizes the discharge of stormwater, which has been adequately treated and managed in accordance with an approved Erosion and Sedimentation Control Plan to the surface waters of North Carolina or to a separate storm sewer system. Any other point source discharge to surface waters is prohibited unless covered by another permit, authorization or approval. The general permit is applicable to point source discharges of stormwater from construction activities disturbing one (1) or more acres of land. Coverage under the general permit is not effective until issuance of an approval for the Erosion and Sedimentation Control Plan by the Land Quality Section of the Division of Land Resources. No construction and land disturbing activities shall commence prior to approval of the Plan. Any owner or operator not desiring to be covered or limited by the general permit must submit an application for an individual NPDES permit in accordance with 15ANCAC 2H.0100. The implementation of the approved plan is a requirement or condition of the general permit. Failure to implement or deviation from the approved plan will be a violation of the terms and conditions of the permit. Once construction has started all erosion and sedimentation control facilities and stormwater runoff discharges shall be inspected. Corrective action must be taken immediately to control the discharge of sediments outside the disturbed limits of the construction. Records of inspections, corrections and cleanup activities shall be maintained by the operator and made available to DWQ upon request. Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program The Town will develop procedures and protocol for tracking construction projects within the Town's jurisdiction with erosion and sedimentation control permits issued either at the State level (NCDENR-DLR) or locally (Rowan County). Procedures for conducting site inspections and document tracking of violations and follow-up will be established. Pease Commission No. 212129 March 2012 L L �a E= E= 00 0 = 0 'c `� 'E O 'c �' 'E ¢a 0¢ 0Q I- ~ x x MIMx x CO x x x x co x x O z L Z vW c L 0 O yU.o Z 0 cC (� G. � CO _W0 'D 0 O Co.0 m O C1 _ d 3 .0 c c O W y C i N L N '= O . O C_ CC7 L L CD ° T 0. o O (n O C C L Ec QTo�I-° o c co cu 0 p� O y 0 .0 0 E IL O C 7 G 0 0 m U CO 0 a `c°N C W C cc000 C a:EcO Eon L C> U a)f0 N c ° N v E O C `C L W N 2 O Nm n. c .— N N N N v z r 0 m O U v Comprehensive Stormwater Management Program 7.5 Post -Construction Stormwater Manaaement in New Development and Redevelopment The program must insure that controls are in place to prevent or minimize adverse water quality impacts. Strategies must be developed and implemented, which include a combination of structural and/or non-structural best management practices appropriate for the Town of China Grove. The program must address projects that disturb greater than or equal to one (1) acre including projects less than one (1) acre that are part of a larger common plan of development or sale. Ordinances or other regulatory mechanisms must be used to the extent allowable under local law to address post construction runoff. 7.5.1 Stormwater Management Options Low density development must, at a minimum, employ the following non- structural stormwater management practices: ■ Built -upon area of 24% or less. Where different built -upon area t. thresholds are established through existing regulatory programs, the more restrictive threshold shall be maintained. ■ Stormwater runoff is primarily transported through vegetated conveyances. ■ A 30 foot vegetated buffer shall be maintained on all waters of the state. Where different buffers are established through other regulatory programs, the more restrictive buffer shall be maintained. High density development must, at a minimum, employ the following stormwater management practices: ■ Stormwater treatment of the volume of post -construction stormwater runoff resulting from the first 1-inch of precipitation. Where different storm event thresholds are established through existing regulatory programs, the more restrictive threshold (larger storm event) shall apply. ■ Stormwater treatment shall be designed to achieve 85% Total Suspended Solids removal. Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program Post -development runoff conditions shall be such that either: ■ The runoff volume draw down to the pre -storm design stage within 5 days, but not less than 2 days, or ■ The post -development discharge rate shall be no larger than the predevelopment discharge rate for the 1-year, 24-hour storm event. 7.5.2 Operation and Maintenance The operation and maintenance requirements for BMP's will vary, but every BMP will most likely require maintenance at some point. The maintenance needs will vary with the type, size, age, location, etc. of the BMP. The owner/operator of all structural BMP's will be required in the plans submitted for approval to include the requirements for long term operation and maintenance of the BMP and will be required to stipulate the party that will be responsible these actions. The owner/operator will be required to perform at a minimum annual inspection and to submit a report of the inspection to the Town. 7.5.3 Control of Sources of Fecal Coliform The Town of China Grove will rely on the Rowan County Code Enforcement, Environmental Services and Health Department to ensure proper design, permitting, operation and maintenance of on -site wastewater treatment systems for domestic wastewater in order to control to the maximum extent practicable this source of fecal coliform. 7.5.4 Development/Redevelopment draining into SA Waters This program does not include development/redevelopment draining to SA waters. 7.5.5 Development/Redevelopment draining into Trout (Tr) Waters This program does not include development/redevelopment draining to Trout (Tr) waters. 7.5.6 Development/Redevelopment into Nutrient Sensitive Waters This program does not include development/redevelopment draining to r Nutrient Sensitive Waters (NSW). Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program 7.5.7 Yadkin -Pee Dee Basinwide Water Quality Management Plan The Town of China Grove will endeavor to develop a program that will take into consideration and be consistent with the management strategies and initiatives of the Yadkin -Pee Dee Basinwide Water Quality Management Plan. Pease Commission No. 212129 March 2012 c W dCWMF- M Co aa--QE J O >, w o o O c Na C. - V ca :? `m 20VY1°�3 E aU) }0 C� Cco } c� v c cc 'U L C7 3 as CIS C y w m O o ca c -2 O CIS O C a in y N O L ca 0 G. aD C o ca E m c L '2 C O � U ar- O O >t N 0 0 o. rT— -I N 0 C14 N N v z o 0 v m m Rai Comprehensive Stormwater Management Program L 7.5.8 Non -Structural BMP's Several non-structural BMP's are proposed for inclusion in the program. The BMP's include the development and implementation of ordinances, policies and education programs. 7.5.9 Structural BMP's A comprehensive list of structural BMP's have been included in the BMP summary table. It is anticipated that the development of policies, ordinances and/or standards will result in the utilization of some of the BMP's. The structural BMP's include storage practices, filtration practices and infiltration practices. Appropriate implementation is imperative and will be ensured by the following: ■ Preconstruction review of BMP designs ■ Inspection during construction to verify that BMP's are built as designed ■ Post construction inspection and maintenance of BMP's ■ Enforcement of penalties for noncompliance with design, construction or operation and maintenance. Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program C 7.6 Pollution Prevention/Good Housekeeping for Municipal Operations The following will be considered in the development of this aspect of the program: maintenance activities, maintenance schedules, and long-term inspection procedures for structural and nonstructural storm water controls to reduce floatables and other pollutants discharged from the storm sewers; controls for reducing or eliminating the discharge of pollutants from streets, road, highways, municipal parking lots, maintenance and storage yards, maintenance shops with outdoor storage areas, salt/sand storage locations and procedures for properly disposing of waste removed from the storm sewers and areas listed above (such as accumulated sediments, floatables, and other debris). Operation and maintenance will be an integral component of the programs and BMP's. 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L amomy N(D 0 c0,1 a) caCCS y N ca �y y N co �yio $ m 3 'coo CL 6 c`o > >> cLoa HQ.cn JEn o cLE a cn vi D co i > Q o Ccav, r N C9 d' In a7 f- N N u re Comprehensive Stormwater Management Program 7.6.1 Affected Operations Municipal operations that will be impacted by the operation and maintenance program for pollution prevention/good house keeping for municipal operation include the following: ■ Parks and Recreation vehicle ■ Equipment Maintenance ■ Sanitation The following facilities operated by the Town are subject to NPDES General Permits or individual NPDES permits for discharges of stormwater: Permit No. Certificate of Coverage 7.6.2 Training Employee training programs will be developed. The training programs will teach the Town's employees about stormwater management, potential sources of contaminants and BMP's. In addition the training program will endeavor to instill all the Town's personnel with a thorough understanding of the plan for pollution prevention/good housekeeping for their municipal operations. Training will include posters, employee meetings, courses and bulletin boards about stormwater management, potential pollution sources, and prevention of pollution in surface runoff. Field training programs will also be used to show employee's actual potential sources of stormwater pollution and to demonstrate the implementation of site specific BMP's. The program will be standardized and repeated as necessary to train new employees and to refresh employees with prior training. The employee - training program will be an on -going process. The Stormwater Management Fact Sheet Employee Training EPA 832-F-99-010 will be utilized as a reference for developing and implementing the training program. A copy is included in Appendix E. 7.6.3 Maintenance and Inspections A preventive maintenance (PM) program and for operations will be developed. The PM program and record keeping will include vehicle, equipment, and material storage areas. Periodic inspections will ensure all equipment and materials storage containers are in good condition. Any problems or issues that Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program r may have an impact on stormwater quality will be recorded and corrective L. action taken. Vehicle washing and fueling operations will be inspected annually to ensure that they are in good working order and that they minimize exposure of stormwater to chemicals, fuels and other pollutants. Schedules and procedures will be established for the inspections and the record -keeping system will document inspections. Records will include the following: ■ The date, exact place, and time of material inventories, site inspections, sampling observation, etc. ■ Names of inspector(s) and sample(s). ■ Analytical information, including the date(s) and time(s) analyses were performed or initiated, the analysts' names, analytical techniques or methods used, analytical results, and quality assurance/quality control results of such analyses. ■ The date, time, exact location, and a complete characterization of significant observation, including spills or leaks. ■ Notes indicating the reasons for any exceptions to standard record keeping procedures. ■ All calibration and maintenance records of instruments used in storm water monitoring. ■ All original strip chart recordings for continuous monitoring equipment. Records of any non -storm water discharges. The Stormwater Management Fact Sheet Record Keeping EPA-F-99-005 will be utilized as a guide for developing the Town's Record Keeping System. A copy of the document is in Appendix F. 7.6.4 Vehicular Operations A program for inspection of vehicles and equipment and stored materials storage will be developed to reduce or eliminate to discharge of pollutants to stormwater. This will include vehicle maintenance and fueling stations and salt/sand storage areas. A material inventory system involves the identification of all sources and quantities of stored materials that may be exposed to direct precipitation or storm water runoff at a particular site. Stored materials are substances such as salt, sand, crushed stone, mulch, chemicals, raw materials, fuels, pesticides, and fertilizers. When these materials are exposed to direct precipitation or storm water runoff they may be carried to a receiving water body. Therefore, identification of these materials helps to determine sources of potential contamination and is the first step in pollution control. Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program Maintaining an up-to-date inventory of all materials (hazardous and non- hazardous) will help to track how materials are stored and handled on and identify which materials and activities pose the greatest risk to the environment. The following are the basic steps in completing a materials inventory: ■ Identify all chemical substances present in the work place. Review the purchase orders for the previous year. List all chemical substances used in the work place and then obtain the material safety data sheet (MSDS) for each. ■ Label all containers to show the name and type of substance, stock number, expiration date, health hazards, suggestions for handling, and first aid information. Unlabeled chemicals and chemicals with deteriorated labels are often disposed of improperly or unnecessarily. ■ Clearly mark on the inventory those hazardous materials that require specific handling, storage, use, and disposal considerations. The key to a proper materials inventory system is continual updating of records. Maintaining an up-to-date materials inventory is an efficient way to identify the materials that are handled and whether they contribute to storm water contamination problems. The stormwater Management Fact Sheet Materials Inventory EPA 832-F-99- 021 will be used as a guidance document for preparation of the Materials Inventory. A copy of the document is in Appendix G. A Spill Prevention Plan specifies materials handling procedures and storage requirements and identifies spill cleanup procedures for areas in which spills may potentially occur. The plan standardizes operating procedures and employee training in an effort to minimize accidental pollutant releases that could contaminate storm water runoff. Spill prevention will be part of a comprehensive Best Management Practice Program to prevent runoff contamination. This program will also include stormwater contamination assessment, flow diversion, record keeping, internal reporting, employee training, and preventive maintenance. Public agencies that transport or store petroleum products are required by State and federal law to prepare spill control and cleanup plans. The existing plans will be re-evaluated and revised to address storm water management issues. Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program The Stormwater Management Fact Sheet Spill Prevention Planning EPA 832-F- 99-071 will be utilized as a guideline document for the integration of spill prevention planning into the BMP's for preventing stormwater runoff contamination. A copy of the document is in Appendix H. 7.6.5 Waste Disposal Current programs for drainage system maintenance involves removal of large pieces of debris by hand or with mechanical equipment on an as needed basis. Smaller debris and sediment are removed from the drainage system by use of a sewer jet vacuum truck. All debris and sediment removed during the process is collected and disposed of. The current procedures will be reviewed and new procedures will be developed. 7.6.6 Flood Management Project 7.6.7 Existing Ordinance The first step in the decision process for reviewing existing ordinances for possible modification to address stormwater issues will be to have the Town staff become thoroughly familiar with the purpose, goals and objectives of the SVVMP. Existing ordinances can then be reviewed and evaluated to determine if modification of the ordinances would address the stormwater management issues identified in the SWMP. Recommendations for change can be considered, the change drafted, presented to the Town Council for consideration, and if deemed appropriate by the Council, issued for public review and comment prior to adoption and implementation. 7.6.8 Other Evaluations No other aspects of the Town's operation were evaluated. 7.6.9 Decision Process The following were considered in developing the Town's program: maintenance activities, maintenance schedules, and long-term inspection procedures for structural and nonstructural stormwater controls to reduce floatables and other pollutants discharged from the storm sewer; controls for reducing or eliminating the discharge of pollutants from streets, roads, highways, parking lots, maintenance and storage yards, fleet or maintenance shops, salt/sand storage locations, procedures for properly disposing of waste removed from the storm sewers (such as accumulated sediments, floatables, and other debris); and ways to ensure that new flood management projects assess the impacts on water quality and examine existing projects for Pease Commission No. 212129 March 2012 Comprehensive Stormwater Management Program incorporating additional water quality protection devices or practices. Operation and maintenance will be an integral component of the stormwater management program. This measure is intended to improve the efficiency of these programs and require new programs where necessary. Properly developed and implemented operation and maintenance programs will reduce the risk of water quality problems. 7.6.10 Evaluation The effectiveness of many of the best management practices at removing pollutants from stormwater runoff will be difficult to quantify. However, the Town's emphasis will be on implementing the BMP's that eliminate the potential for pollution. The success of this minimum measure will be determined by the quantity of potential pollution sources that are identified, inventoried and eliminated. 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( Xr � ll .'f ♦ I � 1 �• r, �' ♦� Vy wrA ♦ o 1 ►. ► ■ 9Croft 1 1 cr ILA cr �' ► ► g ' ► ► O1 1 1 1 = a 3 C. lam•` �,r L i 1 1 ,r.�Y, ^{ - _ , . ,� L • `R. - � 1 ' , � . � ems• �. * 7.�! , • - is n � rr 7C mm 3 {C n co O v z Z 2 -� m y Z y 3 °w N a ti� A m c m m m W ID a w(A 1p m K °o zoo CL a N��o _ 3 D m m a@ m I i m>m y _a 3 y m 3 ° 3 Appendix Pol TOWN OF CHINA GROVE ORDINANCE A new Article V Chapter 54 Utilities is hereby added to the Town of China Grove Code of ordinances regarding Stormwater Quality and Discharge Control, which shall read in its entirety as follows: STORMWATER QUALITY MANAGEMENT AND DISCHARGE CONTROL ORDINANCE Division I. Title, Purpose and General Provisions. Section 1.1 Title. This Article shall be known as the "Stormwater Quality Management and Discharge Control Ordinance" of the Town of China Grove and may be so cited. Section 1.2 Authority. Under Chapter 160A of the North Carolina General Statutes, the Town of China Grove has the responsibility and authority to regulate land use and development, enforce ordinances within its jurisdiction, and to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Section 1.3 Purpose and Intent. The purpose and intent of this Article is to: (a) Ensure the health, safety, and general welfare of citizens, and protect and enhance the water quality of watercourses and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. § 1251 et seq.) by reducing pollutants in stormwater discharges to the maximum extent practicable and by prohibiting non- stormwater discharges to the storm drain system. (b) Establish minimum criteria to control and minimize the quantitative and qualitative impacts of stormwater runoff from development within the Town of China Grove. (c) Encourage sustainable development. Prudent site planning should include special consideration for preserving natural drainage ways, maximizing infiltration, slowing stormwater runoff from individual sites in route to streams and rivers by use of effective runoff management, structural and non-structural best management practices, drainage structures, and stormwater facilities. Section 1.4 Applicability The provisions of the Ordinance shall apply to all areas within the incorporated limits of the Town of China Grove. This Ordinance shall be permanently on file in China Grove Municipal Building. The Town of China Grove may furnish additional policy, criteria, and information, including specifications and standards, and may provide such information in the form of a Stormwater Best Management Practices Manual. That manual may be updated and expanded, from time to time, at the discretion of the local review authority, based on improvements in engineering, science, monitoring, and local maintenance experience. Section 1.5 Exceptions to Applicability. This stormwater management ordinance shall not apply to those activities exempted in specific sections of this Ordinance or as identified below: (a) Existing permitted developments may be continued and maintained. Expansion to existing structures, classified as existing development, must meet the provisions of this Ordinance. (b) Activities on a bona fide farm unless the activity is for non -farm purpose. Section 1.6 Definitions. The terms used in this Article shall have the following meanings: (a) Applicant. An owner or developer of a site who executes the Stormwater Permit Application pursuant to this Ordinance. (b) Best Management Practices. Activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the storm drain system and waters of the United States. Best Management Practices (BMPs) include but are not limited to: treatment facilities to remove pollutants from stormwater; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-stormwater, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the Town determines appropriate for the control of pollutants. Please refer to the Stormwater Best Management Practices Manual for further information and for specific BMP requirements. (c) Bona Fide Farm. Any tract of land containing at least one acre which is used for activities relating to production, and activities incidental to production of crops, fruits, vegetables, ornamental and flowering plants, grasses and grains, forest products, dairy, livestock, fish and shellfish, poultry, and other agricultural products having a domestic or foreign market, and excludes commercial and industrial processing. (d) Building. Any structure, either temporary or permanent, having walls and a roof, designed for a shelter of any person, animal, or property. (e) Built -Upon Area. That portion of a development that is covered by impervious or partially impervious cover including buildings, pavement, gravel areas (e.g. roads, parking lots, paths), recreation facilities (e.g. tennis courts), etc. Slatted decks and the water area of a swimming pool or pond are considered pervious. (f) Channel. A natural or artificial watercourse with a definite bed and banks that conducts flowing water. (g) Channel Bank. The location of the upper edge of the active channel above which the water spreads into the overbanks on either side of the channel or the elevation of the two-year frequency storm. Where the channel bank is not well defined, the channel bank shall be considered the edge of the waterline during a two-year frequency storm. (h) Town. The Town of China Grove, North Carolina. (i) Clean Water Act. The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. (j) Construction Activity. Activities subject to National Pollutant Discharge Elimination System (NPDES) Construction Permits or the Rowan County Erosion and Sediment Control Program. These include construction projects resulting in land disturbance. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. (k) Design Storm. The specific frequency and, if necessary, duration of the rainfall event to be used in design to meet the criteria established in the Stormwater Best Management Practices Manual. (1) Development. Any land disturbing activity, which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil. (m) Drainage Structures. Shall include swales, channels, storm sewers, curb inlets, yard inlets, culverts, and other structures designed to convey stormwater. (n) Grandfathered Rights. See Vested Rights (o) Hazardous Materials. Any material, including any substance, waste, or combination thereof, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. (p) Illicit Connections. An illicit connection is defined as either of the following: i. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or ii. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the Town. (q) Illicit Discharge. Any unlawful disposal, placement, emptying, dumping, spillage, leakage, pumping, pouring, or other discharge of any substance other than stormwater into a stormwater conveyance system, the waters of the State, or upon the land such that the substance is likely to reach a stormwater conveyance system or waters of the State constitutes an illegal discharge, except as exempted in Division 11, Section 2.1 of this Ordinance. (r) Impervious Surface. Any surface which in whole or in part, restricts or prevents the natural absorption of water into the ground. Such surfaces may include, but not be limited to compacted earth, traffic -bearing gravel, concrete, asphalt, or other paving material, and all area covered by the footprint of buildings or structures. Uncovered slatted decks and the water area of a swimming pool, pond, or other water body are considered pervious. (s) Industrial Activity. Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14). (t) Intermittent Streams. A natural drainage way, which shows up as a blue line on the most recent version of the USGS 7.5-minute quadrangle maps or as a demarcated stream on the most recent version of the maps of the Soil Survey of Rowan County from the U.S. Department of Agriculture, and has a contributing drainage area of 300 acres or less, shall be considered an intermittent stream for the purposes of this Ordinance. (u) Land Disturbing Activities. The use of land by any person that results in a change in the natural cover or topography that may contribute to or alter the quantity and or quality of stormwater runoff. (v) National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permits. General, group, and individual stormwater discharge permits that regulate facilities defined in Federal NPDES regulations pursuant to the Clean Water Act. (w) Natural Drainage Way. Shall mean an incised channel with a defined channel bed and banks that are part of the natural topography. Construction channels such as drainage ditches shall not be considered a natural drainage way unless the constructed channel was a natural drainage way that has been relocated, widened, or otherwise altered. (x) Non-Stormwater Discharge. Any discharge to the storm drain system that is not composed entirely of stormwater. (y) Owner. A property owner, their heirs, successors or assigns; a legal entity with control over the management of a property, or any other person or corporation that occupies a position that controls the operation, maintenance, and/or repair to a property. (z) Perennial Stream. Streams that have essentially continuous flows or are shown as blue lines on the most recent version of the United States Geological Survey (USGS) 1:24,000 (7.5 min.) scale topographic maps or are demarcated on the most recent version of maps of the Soil Survey of Rowan County, prepared by the U.S. Department of Agriculture, and that have a contributing drainage area of more than 300 acres shall be considered a perennial stream for the purposes of this Ordinance. (aa) Pollutant. Anything that causes or contributes to pollution. Pollutants shall include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non -hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; untreated commercial car wash water and industrial discharges, contaminated fountain drains and cooling waters; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a structure (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind. (bb) Pollution. The human -made or human -induced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses. (cc) Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. (dd) Riparian Buffer. An area of trees, shrubs, or other vegetation that is adjacent to a natural drainage way or surface water. Riparian buffers reduce the impact of upland sources by trapping, filtering, and converting nutrients, sediments, and other chemicals, and maintain the integrity of the natural drainage way. For the purposes of this Ordinance, a natural drainage way or surface water shall be present if the feature is approximately shown on the most recent version of the I:24,000 (7.5 min.) quadrangle topographic maps prepared by the United States Geological Survey (UGSG) or on the latest version of the Soil Survey of Rowan County as prepared by the U.S. Department of Agriculture Natural Resource Conservation Service (MRCS). (ee) Sheet Flow. The even flow of water across the land surface so that there is no discernable `concentration' of water. (ff) Soil Erosion and Sedimentation Control Plan. The graphic plans including narrative where appropriate required by the State of North Carolina, by Rowan County, and by the Town of China Grove as a prerequisite for a construction permit. The purpose of this plan is to explain existing conditions and proposed grading of land including any development and to describe the activities and measures to be undertaken to control soil erosion and sedimentation. (gg) Storm Drain System. Publicly -owned facilities operated by the Town by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, streets,.gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human -made or altered drainage channels, reservoirs, and other drainage structures which are within the Town and are not part of a publicly -owned treatment works as defined in 40 CFR Section 122.2. (hh) Stormwater. Any surface flow, runoff, and drainage consisting entirely of water from atmospheric precipitation. (ii) Stormwater Administrator. The person designated by the Town Manager of Town of China Grove to have authority to review and approve Stormwater Permits and stormwater management plans. The Stormwater Administrator shall also be responsible for inspecting development and making sure the provisions of this Ordinance are being followed. (jj) Stormwater Facilities. Shall include devices designed specifically to detain or retain stormwater for water quantity or water quality control. These devices shall not include those drainage structures that provide incidental water quantity or water quality control. These devices include but are not limited to wet ponds, dry ponds, bioretention areas, filter strips, or infiltration trenches. (kk) Stormwater Best Management Practices Manual. The NCDENR Stormwater Best Management Practices Manual of design, performance, and review criteria adopted by the Town Council of China Grove for the administration of the Stormwater Program. (11) Stream Buffer. Strips of land adjacent to streams and rivers which are retrained in their natural vegetated, re - vegetated or reforested state through the preservation of appropriate perennial vegetation. (mm) Structural Stormwater Facility. A constructed facility, designed by a qualified professional, under 15A NCAC 2H.1008(c) or other application code, for the purpose of managing stormwater flow and quality. (nn) Structure. Structures include buildings, wells, screened enclosures, fences, advertising signs, billboards, poster panels, swimming pools, manufactured houses, modular houses, and underground shelters. (oo) Vegetative Buffer. An area that has a dense ground cover of herbaceous or woody species, which provides for diffusion and infiltration of runoff and filtering of pollutants. (pp) Vested Rights. A vested right is a right to perform some action based on prior approvals, explicit or implicit, even if that action would otherwise result in a violation of a current ordinance, regulation, standard, or other requirement. (qq) Water Dependent Structures. Those structures which require the access or proximity to, or sitting within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks, and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots, and commercial boat storage areas are not considered water - dependent structures. (rr) Waters of the United States. Surface watercourses and water bodies as defined in 40 CFR § 122.2, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons. (ss) Wetland. Means those areas regulated under Section 404 of the Clean Water Act as identified under guidelines employed by the United States Army Corps of Engineers in evaluating permit applications under 33 U.S.C. 1344 and applicable federal regulations. Wetlands also include areas defined by the State of North Carolina as "isolated wetlands." Section 1.7 Interpretation. (a) In interpreting and applying this Ordinance, the requirements are intended to be minimum requirements that are imposed and are to be conformed to, and are in addition to, and not in lieu of, all other legal requirements. (b) This Ordinance shall not be deemed to interfere with or annul or otherwise affect in any manner whatsoever any ordinance, rules, regulations, permits, or easements, covenants, or other agreements between parties, provided however that, where this Ordinance imposes greater restrictions and controls with respect to stormwater management, the provisions of this Ordinance shall prevail. (c) This ordinance shall not be interpreted to mean that the Town of China Grove accepts responsibility for the maintenance and upkeep of stormwater facilities located and/or situated entirely or partially on private property. Maintenance, upgrade and/or improvements to existing and/or new stormwater facilities located and/or situated entirely or partially on private property shall remain the responsibility of the property owner. Section 1.8 Permits (a) Except where provided elsewhere, development shall not commence without obtaining a Stormwater Permit pursuant to the provisions of this Ordinance. (b) The Stormwater Permit Application shall be made by, or on behalf of, the owner(s) or developer(s) of the site for which the permit is sought. The application shall be filed with the Town on a form supplied by the Town and shall be accompanied with the information identified in the Stormwater Best Management Practices Manual. (c) A Stormwater Permit shall not be issued until the following conditions are met: Approval by the Stormwater Administrator of the supporting information. ii. Submission and approval of any required easements. iii. Submission and approval of any required inspection and maintenance agreements. iv. Payment of all fees. (d) If the development requires a Sediment and Erosion Control Permit, the Stormwater Permit will be conditional upon the owner receiving such sediment and erosion permit and upon the filing of a copy of the approved Sediment and Erosion Control Plan and associated Permit to the Stormwater Administrator. (e) The Stormwater Permit will be valid for one (1) year from the date of issuance or if significant changes in the development are made that change the intent of the permit. Significant changes shall be determined by the Stormwater Administrator. If significant changes are made, the original Stormwater Permit shall not be valid and a new permit shall be required. Section 1.9 Fees. A list of fees associated with the Ordinance is available at the Town of China Grove Stormwater Administrator's Office. Section 1.10 ApRlicabilfty and Vested Rights. This Article shall apply to all water entering the storm drain system generated on any developed and undeveloped lands lying within the planning jurisdiction of the Town including any amendments or revisions thereto. The provisions of this ordinance shall be applied to the maximum extent that they do not contravene vested rights. Vested rights shall be based upon the following criteria: ➢ Having an outstanding building permit in compliance with GS 153A-344.1 or GS 160A-385.1, or ➢ Having an approved site specific or phased development plan in compliance with GS 153A-344.1 or GS 160A- 385.1, or ➢ For projects that require a State permit, such as landfills, NPDES wastewater discharges, land application or residuals and road construction activities, shall be considered to have vested rights if a State permit was issued prior to the effective date of the adoption of this ordinance. Section 1.11 Resaonsibility for Administration. The Stormwater Administrator of the Town shall administer, implement, and enforce the provisions of this Article. Any powers granted or duties imposed upon the Stormwater Administrator may be delegated in writing by the Stormwater Administrator to persons or entities acting in the beneficial interest of or in the employ of the Town. Section 1.12 Variances and Appeals. An interested party may appeal any final order or other decision of the Stormwater Administrator. All appeals must be filed in a timely manner, but not more than 30 days after a final order or other decision of the Stormwater Administrator. Appeals must be filed on forms obtained from the office of the Stormwater Administrator and must be filed with the Stormwater Administrator. A notice of appeal shall be considered filed when delivered to the Stormwater Administrator's office in a form deemed complete and acceptable to the Stormwater Administrator. The Stormwater Administrator shall enter the date and time of filing on the notice. An Appeals Officer appointed by the Town Council will consider all such applications for variance or other appeal. The Appeals Officer shall schedule a hearing of the appeal within 14 days of the filing of a notice of appeal and shall rule on the appeal within 14 days of the hearing of the appeal. An interested party may appeal any final order or other decision of the Appeals Officer. All appeals must be filed in a timely manner, but not more than 30 days after a final order or other decision of the Appeals Officer. Appeals must be filed on forms obtained from the office of the Stormwater Administrator and must be filed in the office of the Town Manager. A notice of appeal shall be considered filed when delivered to the Town Manager's office in a form deemed complete and acceptable by the Town Manager. The Town Manager shall enter the date and time of filing on the notice. A Technical Review Committee appointed by the Town Council will consider an appeal of any decision of the Appeals Officer. The Technical Review Committee shall schedule a public hearing of the appeal within 30 days of the filing of a notice of appeal, shall provide appropriate public notice of that hearing, and shall rule on the appeal within 30 days of the public hearing of the appeal. Section 1.13 Severability. The provisions of this Article are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Article or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Article. Section 1.14 Re ug latory Consistency. This Article shall be construed to assure consistency with the requirements of the Clean Water Act and acts amendatory thereof or supplementary thereto, or any applicable implementing regulations. Section 1.15 Ultimate Responsibility of Discharger. The standards set forth herein and promulgated pursuant to this Article are minimum standards; therefore, this Article does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants into waters of the U.S. caused by said person. This Article shall not create liability on the part of the Town, or any agent or employee thereof for any damages that result from any discharger's reliance on this Article or any administrative decision lawfully made thereunder. Section 1.16 Stormwater Mana eg ment. (a) Stormwater shall be conveyed through development in an adequately designed drainage system of natural drainage ways, grass swales, storm sewers, culverts, inlets, and channels. Drainage systems shall be designed, constructed, and maintained so as to provide natural infiltration, control flooding, extend the time of concentration of stormwater runoff, and to control to the Maximum Extent Practicable the impacts of development. Where the above conditions are met and where a development does not require the preparation of a Stormwater Management Plan, as provided in Section 1.16(b) of this ordinance, obtaining a Town of China Grove Stormwater Permit is not required. (b) Stormwater Management Plans must be prepared for, and shall be approved by, the Stormwater Administrator pursuant to the application for a Stormwater Permit for: L All proposed developments that will exceed 20,000 square feet of cumulative impervious coverage. All such developments shall be required to construct a complete drainage system sufficient to mitigate the impacts of the design rainfall events identified in the Stormwater Best Management Practices Manual and below. ii. Any activity that disturbs land within a designated stream buffer area, except when such disturbance is designated as Exempt or Allowable in the Stormwater Best Management Practices Manual. iii. Any filling or excavation of a parcel in excess of one thousand cubic feet of material, or any filling or excavation that would impact an adjoining parcel by resulting in the alternation of the drainage path, or the ponding of water, or a change in the stormwater flow on the adjoining parcel. iv. Any activity or development that will ultimately result in the disturbance of a total area of one or more acres, except for the following: a) Activity on a bona fide farm, unless the activity is for non -farm purposes. b) Activities on forestland for the production and harvesting of timber and timber products. c) Stormwater Management Plans shal l: i. Include drawings, maps, supporting calculations, specifications, and summaries as outlined in the Stormwater Best Management Practices Manual. ii. Demonstrate through accepted engineering practices described in the Stormwater Best Management Practices Manual the impacts of the proposed development. Impacts of the proposed developments may include: a) Effects on existing upstream and/or downstream drainage systems and property. b) Ability of the natural drainage way to handle additional stormwater runoff. c) Water quality impacts on receiving waters. d) Site -specific criteria. iii. Demonstrate through accepted engineering practices described in the Stormwater Best Management Practices Manual that stormwater runoff is adequately conveyed through the development in a drainage system designed to meet the criteria described in the Stormwater Best Management Practices Manual. The project shall control and treat the runoff from the first one -inch of rain. Runoff volume drawdown time must be a minimum of 48 hours, but not more than 120 hours. High -density projects must discharge the storage volume at a rate equal to or less than the pre -development discharge rate for the one-year, 24- hour storm. All structural stormwater treatment systems must be designed to achieve 85% average annual removal of total suspended solids; fecal coliform, and other pollutants to levels identified in the Stormwater Best Management Practices Manual. Post development runoff rate shall not exceed pre - development runoff rate unless a maximum discharge rate has been adopted for the applicable drainage basin and the discharge does not exceed that rate. If a maximum discharge rate has not been adopted for the applicable drainage basin, post development discharge rate may not exceed pre -development discharge rate. Stormwater volumes resulting from the proposed development shall be detained within the development and released at a rate no greater than existed prior to the development. Detention facilities shall be designed to maintain the pre -developed runoff rate from the 1-year and 10 year design storm events, and other events as specifically required by the Town's Stormwater Best Management Practices Manual. iv. Demonstrate through accepted engineering practices described in the Stormwater Best Management Practices Manual that stormwater facilities control the impacts of the development to the Maximum Extend Practicable and that those facilities are designed to meet the criteria described in the Stormwater Best Management Practices Manual. V. All Stormwater Management Plans submitted for developments that incorporate Structural Stormwater Facilities or developments where the density exceeds 24% built -upon area must be designed to meet or exceed the criteria contained in 15A NCAC 2H .1008(c) and must be signed and sealed by a qualified professional. e) Stormwater Facilities Inspection and Maintenance Requirements i. A written inspection and maintenance agreement in a form acceptable to the Stormwater Administrator and executed by the applicant of the Stormwater Permit and the owners of the facility, if different than the applicant, shall be provided prior to receiving a Stormwater Permit. The agreement shall provide the following: a) Shall bind the parties thereto and all subsequent owners, successors, and assigns. b) The required inspection maintenance and access of the facility as defined in the Stormwater Best Management Practices Manual. c) That, if the Town directs the correction, repair, replacement, or maintenance of the facility in writing and the actions are not satisfactorily performed within a reasonable time (but not greater than 60 days), the Town may, after reasonable notice, enter the land and perform all the necessary work and may assess the owner(s) of the facility with the cost of the work performed. The owner(s) served by the facility shall be jointly responsible to the Town for the maintenance of the facility and liable for any costs incurred by the Town pursuant to the said agreement and all properties are jointly subject to the imposition of liens for said costs. d) The Inspection and Maintenance Agreement shall be recorded in the Register of Deeds at the expense of the applicant. e) Stormwater facilities shall be included in an easement. The easement shall include the area of the facility, area of ponded water, and enough area for access and maintenance. The easement shall be recorded in the Register of Deeds at the expense of the applicant. Section 1.17 Stream Buffers. (a) Stream buffers shall be maintained on all sides of perennial and intermittent streams, lakes and other natural waterways as provided in the Stormwater Best Management Practices Manual. (b) The following are exempt from this stream buffer requirement: i. Areas along streams or other waterways that are mapped on the USGS quadrangle map or NRCS soils map where such streams or waterways do not actually exist on the ground. ii. Ponds and lakes created for animal watering, irrigation, or other agricultural uses that are not part of a natural drainage way. iii. Where application of these requirements would prevent all prospective use of a lot platted and recorded prior to the effective date of this Ordinance. iv. Water dependent structures provided that those structures shall be designed, constructed, and maintained to provide the maximum practicable nutrient and bacterial removal, have the least practicable adverse effects on aquatic habitat, and to otherwise protect water quality. V. Roads, bridges, stormwater management facilities, ponds, and utilities where no other practical alternative exists. These structures shall be located, designed, constructed, and maintained to have minimal disturbance, provide the maximum practicable nutrient and bacterial removal, have the least practicable adverse effects on aquatic habitat, and to otherwise protect water quality. vi. Ditches and manmade conveyances other than modified natural streams. (c) The stream buffer shall be measured from the top of channel bank landward: i. The size of the stream buffer for a perennial stream shall be an undisturbed area measured from the average annual stream bank perpendicularly for a distance of 50 feet plus four (4) times the average percent of slope of area adjacent to the stream. This slope shall be calculated by measuring a distance of 250 feet from the center of the stream. The percent of slope for this distance shall serve as the determining factor. However, the maximum distance shall not exceed 120 feet from the edge of the stream. An additional 20 foot vegetated setback from the stream buffer shall be required on perennial streams. ii. The size of the stream buffer for an intermittent stream shall be measured from the average annual stream bank perpendicularly for a distance of 30 feet. The first 20 feet shall be an undisturbed area. (d) The following activities shall not be allowed in buffer areas: 10 iii. New on -site sewage systems, which utilize ground adsorption. iv. New structures, except as specifically provided in the Stormwater Best Management Practices Manual. (e) The stream buffer shall be maintained by the landowner or homeowners association to maintain sheet flow to the maximum extent practical to provide for diffusion and infiltration of runoff and filtering pollutants into the affected stream and consistent with maintenance criteria as set out in the Stormwater Best Management Practices Manual. (f) Stream buffer areas shall be designated on recorded plats as easements. The plat shall be included with the Stormwater Permit Application. Division H. Discharge Prohibitions. Section 2.1 Illegal Discharges. No person shall cause or allow the discharge, emission, disposal, pouring, or pumping directly or indirectly into the Town storm drain system, watercourses, any stormwater conveyance, the waters of the State, or upon the land in manner and amount that the substance is likely to reach a stormwater conveyance or the waters of the State, any liquid, solid, gas, or other substance, other than stormwater. The commencement, conduct, or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows: (a) Discharges from the following activities will not be considered a source of pollutants to the storm drain system and to waters of the U.S. when properly managed to ensure that no potential pollutants are present, and therefore they shall not be considered illegal discharges unless determined to cause a violation of the provisions of this Ordinance: water line flushing; uncontaminated pumped ground water; discharges from potable water sources; landscape irrigation; irrigation water; lawn watering; diverted stream flows; rising ground water; uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20))to the storm drain system; uncontaminated foundation and footing drains; uncontaminated water from crawl space pumps; air conditioning condensation; uncontaminated roof drains; springs; individual residential car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; street wash waters; and other non-stormwater discharges for which a valid NPDES discharge permit has been approved and issued by the State of North Carolina, and provided that any such discharges to the municipal separate storm sewer system shall be authorized by the Town of China Grove. (b) The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the State of North Carolina under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written notification of such permitted discharge has been filed with the Stormwater Administrator, in a form acceptable to the Stormwater Administrator, for any discharge to the storm drain system. (c) With written concurrence of the North Carolina Department of Environment and Natural Resources, the Stormwater Administrator may exempt in writing other non-stormwater discharges, which are not a source of pollutants to the storm drain system or waters of the U.S. Section 2.2 Illicit Connections. (a) Connections to a stormwater conveyance or stormwater conveyance system that allow the discharge of non- stormwater, other than the exclusions described in subsection 2.1 above, are unlawful. 11 (b) Where such connections exist in violation of this section and said connections were made prior to the adoption of this provision or any other ordinance prohibiting such connections, the property owner or the person using said connection shall remove the connection within one year following the effective date of this ordinance. However, the one-year grace period shall not apply to connections which may result in the discharge of hazardous materials or other discharges which pose an immediate threat to health and safety, or are likely to result in immediate injury and harm to real or personal property, natural resources, wildlife, or habitat. (c) Where it is determined that said connection: (1) May result in the discharge of hazardous materials or may pose an immediate threat to health and safety, or is likely to result in immediate injury and harm to real or personal property, natural resources, wildlife, or habitat, or (2) Was made in violation of any applicable regulation or ordinance, other than this section; the Stormwater Administrator shall designate the time within which the connection shall be removed. In setting the time limit for compliance, the Stormwater Administrator shall take into consideration: 1. The quantity and complexity of the work, 2. The consequences of delay, 3. The potential harm to the environment, to the public health, and to public and private property, and 4. The cost of remedying the damage. (d) The construction, use, maintenance, or continued existence of illicit connections to the storm drain system is prohibited. Section 2.3 Waste Disposal Prohibitions. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system, or water of the U.S., any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper waste receptacles for the purposes of collection are exempted from this prohibition. Section 2.4 Discharges in Violation of Industrial or Construction Activity NPDES Stormwater Discharge Permit. Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Stormwater Administrator prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause. Division III. Regulations and Requirements. Section 3.1 Requirement to Prevent, Control, and Reduce Stormwater Pollutants. (a) _Authorization to Adopt and Impose Best Management Practices. The Town will adopt requirements identifying Best Management Practices for any activity, operation, or facility that may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the U.S. as documented in a separate 12 Stormwater Best Management Practices Manual. Where BMPs requirements are promulgated by the Town or any Federal, State of North Carolina, or regional agency for any activity, operation, or facility which would otherwise cause the discharge of pollutants to the storm drain system or water of the U.S., every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements. The Stormwater Administrator will report to Town Council annually, or as otherwise needed, on the status of implementation of BMPs, the pollutants of concern to be addressed the next year, and any new BMPs to be developed. BMPs developed under this program will be incorporated as part of the Stormwater Best Management Practices Manual. (b) New Development and Redevelopment. The Town may adopt requirements identifying appropriate BMPs to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport, and discharge of pollutants. The Town shall incorporate such requirements in any land use entitlement and construction or building -related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this Article. (c) Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of requirements promulgated pursuant to subsections (a) and (b), any person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering stormwater, the storm drain system, or waters of the U.S. shall implement BMPs to the Maximum Extend Practicable to prevent and reduce such pollutants. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense. BMPs required by the Town can be obtained from the Stormwater Administrator's Office by requesting the BMP information appropriate to a commercial or industrial activity from the Stormwater Best Management Practices Manual. Section 3.2 Requirement to Eliminate Illegal Discharges. Notwithstanding the requirements of Division V, Section 5.1 herein, the Stormwater Administrator may require by written notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinues the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges. Section 3.3 Requirement to Eliminate or Secure Avvroval for Illicit Connections. (a) The Stormwater Administrator may require by written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this Article to eliminate or secure approval for the connection by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this Article. (b) If, subsequent to eliminating a connection found to be in violation of this Article, the responsible person can demonstrate that an illegal discharge will no longer occur, said person may request Town approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person's expense. Section 3.4 Watercourse Protection. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as 13 to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property. Any disturbance or modification of a watercourse must be conducted in a manner consistent with and, where required, under a valid permit issued by the State of North Carolina and the U.S. Army Corps of Engineers. Section 3.5 Requirement to Remediate. Whenever the Stormwater Administrator finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of stormwater, the storm drain system, or water of the U.S., the Stormwater Administrator may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions of Divisions 4 through 5 below. Section 3.6 Requirement to Monitor and Analvze The Stormwater Administrator may require by written notice of requirement that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution, illegal discharges, and/or non-stormwater discharges to the storm drain system or waters of the U.S., undertake at said person's expense such monitoring and analyses and furnish such reports as deemed necessary to determine compliance with this Article. Section 3.7 Notification of Spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or waters of the U.S. from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of a hazardous material, said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of non -hazardous materials, said person shall notify the Stormwater Administrator's Office in person or by phone or facsimile no later than 5:00 p.m. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Town's Public Works Department within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on -site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Division IV. Inspection and Monitoring. Section 4.1 Authori1y to Inspect. Whenever necessary to make an inspection to enforce any provision of this Article, or whenever the Stormwater Administrator has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this Article, the Administrator may enter such premises at all reasonable times to inspect the same and to inspect and copy records related to stormwater compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the Town is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. The authority to inspect, and take associated enforcement actions under this Ordinance, shall extend to all components of the drainage and storm water management facilities that drain to the waters of the State of North Carolina or to waters of the United States on any public or private property, regardless of when those facilities were constructed. Section 4.2 Authority to Sample, Establish Sampling Devices. and Test. 14 During any inspection as provided herein, the Stormwater Administrator may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities. Division V. Section 5.1 Enforcement. (a) Whenever, by the provisions of this Ordinance, the performance of any act is required, or the performance of any act is prohibited, or whenever any regulation or limitation is imposed on the use of any land, or on the erection, alteration, or the use or change of use of a structure, a failure to comply with such provisions shall constitute a violation of this Ordinance. (b) The owner, tenant, or occupant of any land or structure, or part thereof, and any architect, engineer, builder, contractor, agent or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this Ordinance may be held responsible for the violation and be subject to the penalties and remedies provided herein. (c) Failure to follow an approved Stormwater Management Plan or Permit shall constitute a violation of this Ordinance and subject to the penalties and remedies provided herein. (d) Procedures upon discovery of violations shall be as follows: i. Upon determination that any provision of this Section is being violated, the Stormwater Administrator shall deliver a written notice by personal service or by registered or certified mail, return receipt requested, to the person(s) responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the Stormwater Administrator's discretion. ii. The final written notice, which may also be the initial notice, shall state the action the Stormwater Administrator intends to take if the violation in not corrected, and shall advise that the Stormwater Administrator's order may be appealed as provided in Section 1.12 Variances and Appeals. iii. In cases when delay would seriously threaten the effective enforcement of this Ordinance, or pose a danger to the public health, safety, or general welfare, the Stormwater Administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies contained in Section 5.1(e). (e) Penalties and remedies shall be as follows: L Any violation of any provision of any Section of the Stormwater Management Ordinance shall constitute a misdemeanor and shall subject the violator to the maximum fine permissible under North Carolina law. ii. Any act constituting a violation of this Ordinance shall also subject the offender to a civil penalty up to the full amount of penalty to which the Town of China Grove is subject for violations of its Phase II Stormwater permit, or $27,500 per day for each violation. If the offender fails to pay the penalty within ten (10) days of receiving final written notice of a violation, the penalty may be recovered by the Town in a civil action in the nature of a debt. A civil penalty may not be appealed to the Stormwater Administrator if the offender received a final written notice of violation and did not file the appeal within 30 days. Any person who negligently violates any permit condition of the Phase II Stormwater permit issued to the Town of China Grove is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more that i year, or both. 15 iv. Any person who knowingly violates conditions of the Phase II Stormwater permit issued to the Town of China Grove is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. V. Any person who violates a condition of the Phase II Stormwater permit issued to the Town of China Grove may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. vi. Each day that any violation continues after receipt of the final written notice of such violation shall constitute a separate violation and a separate offense for purposes of the penalties and remedies specified herein. vii. In addition to the penalties and remedies above, the Town may institute any appropriate action or proceedings to prevent, restrain, or abate a violation of this Ordinance. (f) Illegal Discharge: Any person that allows, acts in concert, participates, directs, or assists directly or indirectly in an illegal discharge shall be subject to civil penalties as follows: For first time offenders, if the quantity of the discharge is equal to or less than five (5) gallons and consists of domestic or household products, said person shall be assessed a civil penalty not to exceed one hundred dollars ($100.00) per violation or per day for any continuing violation. If the quantity of the discharge is greater than five (5) gallons or contains non -domestic substances or if the person cannot provide clear and convincing evidence of the volume and nature of the substance discharged, said person shall be assessed a civil penalty not to exceed one thousand dollars ($1,000.00) per violation or per day for continuing violation. ii. For repeat offenders, the amount of the penalty shall be double the amount assessed for the previous penalty not to exceed ten thousand dollars ($10,000.00) per violation or per day for any continuing violation. iii. The Stormwater Administrator shall take the following into consideration when determining the civil penalty amount: a) The degree and extent of harm to the environment, public health, and property. b) The cost of remedying the damage. c) The willfulness of the violation. d) The duration of the violation. e) The violator's prior record in complying or failing to comply with this ordinance. f) The amount of money saved by the violator by noncompliance. iv. If the offender fails to pay the penalty within ten (10) days of receiving final written notice of a violation, the Town in a civil action may recover the penalty. A civil penalty may be appealed under the process provided in Section 1.12 Variances and Appeals. A civil penalty may not be appealed if the offender received a final written notice of violation and penalty and did not file and appeal within 30 days. V. Each day that any violation continues after receipt of the final written notice of such violation shall constitute a separate violation and a separate offense for purposes of the penalties and remedies specified herein. vi. In addition to the penalties and remedies above, the Town may institute any appropriate action or proceedings to prevent, restrain, correct, or abate a violation of this ordinance. L Section 5.2 Notice of Violation. Whenever the Stormwater Administrator finds that a person has violated a prohibition or failed to meet a requirement of this Article, the Stormwater Administrator may order compliance by written Notice Of Violation to the responsible person. Such notice may require without limitation: (a) The performance of monitoring, analyses, and reporting. (b) The elimination of illicit connections or discharges. (c) That violating discharges, practices, or operations shall cease and desist. (d) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property. (e) Payment of a fine to cover administrative and remediation costs. (f) The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the Stormwater Administrator, or a contractor designated by the Stormwater Administrator, and the expense thereof shall be charged to the violator pursuant to Section 5.5. Section 5.3 Appeal. Notwithstanding the provisions of Section 5.6 below, any person receiving a Notice of Violation under Section 5.2 above may appeal the determination of the Stormwater Administrator under the process provided in Section 1.12 Variances and Appeals. Section 5.4 Abatement. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or in the event of an appeal under Section 5.3 within 10 days of the decision of the Appeals Officer or of the Technical Review Committee, upholding the decision of the Stormwater Administrator, then the Stormwater Administrator or a contractor designated by the Stormwater Administrator shall enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the Town or designated contractor to enter upon the premises for the purposes set forth above. Section 5.5 Charaina Cost of Abatement/Liens. Within 30 days after abatement of the nuisance by Town, the Stormwater Administrator shall notify the property owner of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment with the Town Manager within 15 days. The Town Manager shall set the matter for public hearing by the Town Council. The decision of the Town Council shall be set forth by resolution and shall be final. If the amount due is not paid within 10 days of the decision of the Town Council or the expiration of the time in which to file an appeal under this Section, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. A copy of the resolution shall be turned over to Rowan County so that the County may enter the amounts of the assessment against the parcel as it appears on the current assessment roll, and the tax collector shall include the amount of the assessment on the bill for taxes levied against the parcel of land. 17 Section 5.6 Urgency Abatement. The Stormwater Administrator is authorized to require immediate abatement of any violation of this Article that constitutes an immediate threat to the health, safety, or well-being of the public. If any such violation is not abated immediately as directed by the Stormwater Administrator, the Stormwater Administrator is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the Stormwater Administrator shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this Section shall not prevent the Stormwater Administrator from seeking other and further relief authorized under this Article. Section 5.7 Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Article. A violation of or failure to comply with any of the requirements of this Article shall constitute a misdemeanor and shall be punished as set forth in Town Code. Section 5.8 Compensatory Action. In lieu of enforcement proceedings, penalties, and remedies authorized by this Article, the Stormwater Administrator may impose upon violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, or other appropriate actions. Section 5.9 Violations Deemed a Public Nuisance In addition to the enforcement processes and penalties herein before provided, any condition caused or permitted to exist in violation of any of the provisions of this Article is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the Town at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the'Town. Section 5.10 Acts Potentially Resulting in a Violation of the Federal Clean Water Act Any person who violates any provision of this Article or any provision of any requirement issued pursuant to this Section, may also be in violation of the Clean Water Act and may be subject to the sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this Article shall also include written notice to the violator of such potential liability. SECTION 2. This Ordinance shall be in full force and effect on August 2, 2011. 10_ _-91 k g2. Donald E. Bringle, Mayor 6 1s �►lip �.�`�',♦,..��� I � � .�da A. MWI;kri Clerk Appendix C m m m Yadkin -Pee Dee Basinwide Water Quality Management Plan Foreword and Executive Summary May 1998 Prepared by the: NC Division of Water Quality Water Quality Section Planning Branch P.O. Box 29535 Raleigh, NC 27626-0535 (919) 733-5083 Lake TiLery Stanly County, NC This document was approved and endorsed by the NC Environmental Management Commission on May 14, 1998 to be used as a guide by the NC Division of Water Quality in carrying out its Water Quality Program duties and responsibilities on the Yadkin -Pee Dee River Basin. Foreword Executive Summary Yadkin -Pee Dee River Basin Overview • Assessment Of Water Quality In Tie Yadkin -Pee Dee River Basin • Major Water Quality Concerns and Priority Issues • Recommended Management Strategies For Restoring Impaired Waters And Protecting Threatened Waters • Potential _Reclassification To High Quality Waters Or Outstanding Resource Waters • Future Initiatives In The Yadkin --Pee Dee River Basin FOREWORD Most water users in the basin, including industry, agriculture, tourists, and residents, rely on water for basic needs. These needs include water supply and/or disposal of treated wastewater. In addition, many businesses and residents of the basin rely directly or indirectly on the waters of the basin to meet their recreational needs and supply an economic base through tourism. The lakes of the Yadkin -Pee Dee River basin are well known for recreation activities including fishing, boating and swimming. To these groups and the public they serve, it is important that the basin's waters support viable fisheries, that the waters be relatively safe (low risk of contracting water-bome disease) and that they be aesthetically desirable (free of objectionable colors, odors and smells). Yet maintaining clean water becomes increasingly difficult and more expensive as the population grows, as land is developed and as competition for resources heighten. The majority of the waters in the basin are supporting their designated uses, based on Division of Water Quality monitoring data. The Use -Support assessment methodology used by DWQ found about 9 percent of stream miles to be impaired. However, there are reasons to be concerned about the quality of the large number of support threatened waters in the basin. In addition, many streams have not been monitored by DWQ, so there are potentially other streams with water quality problems. Some areas of the basin have experienced significant population growth between 1970 and 1990. This growth rate is expected to continue. The construction of roads, driveways, commercial and recreational areas and homes must be undertaken with proper care to prevent sediments from reaching surface waters. In addition, timber harvesting and agricultural activities should use best management practices to avoid erosion and the resulting sedimentation to streams. Preserving and enhancing the quality of water in the basin is beyond the capabilities of any one agency or group. State and federal government regulatory programs will play an important part, but much of the responsibility will be at the local level. Those who live, work and recreate in the basin have the most at stake. This document provides a summary of the causes and sources of water pollution in the basin, the status of the basin's water quality, a summary of water quality rules and statutes that apply to water quality protection in the basin, and recommended strategies to protect and enhance the quality of the surface waters in the Yadkin -Pee Dee River basin. The Yadkin -Pee Dee River Basinwide Water Quality Management Plan will be used a guide by the NC Division of Water Quality (formerly Division of Environmental Management) in carrying out its water quality program responsibilities in the basin. Beyond that, it is hoped that the plan will provide a framework for cooperative efforts between the various stakeholders in the basin toward a common goal of improving and protecting the basin's water resources while accommodating reasonable economic growth. Top 5f Pogs W EXECUTIVE SUMMARY NORTH CAROLINA'S SASINWIDE APPROACH TO WATER QUALITY MANAGEMENT - PURPOSE OF YADKIN-PEE DEE RIVER BASIN PLAN Basinwide management is a watershed -based water quality management initiative being implemented by the North Carolina Division of Water Quality (previously Division of Environmental Management). The Yadkin -Pee Dee River Basinwide Water Quality Management Plan is the sixteenth basinwide water quality management plan prepared by the Division of Water Quality (DWQ) in a series of plans being prepared for all seventeen of the state's major river basins. DWQ uses the plans as guides in carrying out its water quality programs in each river basin. The basinwide water quality management plans are not new regulatory documents. They are planning documents used to communicate the State's rationale, approaches and long-term water quality management strategies to policymakers, the regulated community and the general public. Each plan is completed and approved prior to the scheduled date for basinwide discharge permit renewals. The plans are then evaluated, based on follow-up water quality monitoring, and updated at five year intervals. DWQ uses this approach as a means to report to the public on the current status of water quality in the basin, major water quality concerns and issues, projected trends in development and water quality, the long-range water quality goals for the basin, and recommended point and nonpoint source management options. The Yadkin -Pee Dee River Basinwide Water Quality Management Plan will be updated in 2002. Basinwide NPDES permitting in the Yadkin -Pee Dee River basin is scheduled to begin in July, 1998. GOALS OF THE BASINWIDE APPROACH The primary goals of DWQ's basinwide program are: 1. to identify and restore full use to impaired waters, 2. to identify and protect highly valued resource waters and biological communities of special importance, and 3. to manage the causes and sources of pollution so as to ensure the protection of those waters currently supporting their uses while allowing for reasonable economic growth. In addition, DWQ uses this approach as a means to better identify water quality problems, develop appropriate management strategies, maintain and protect water quality and aquatic habitat, assure equitable distribution of waste assimilative capacity for dischargers, and improve public awareness and involvement in the management of the state's surface waters. PUBLIC WORKSHOPS Upper Yadkin -Pee Dee River Basin Workshops The Northwest Piedmont Council of Governments, in conjunction with Centralina Council of Governments was awarded a 205j grant to assist DWQ with the preparation and coordination of public input for the Yadkin -Pee Dee workshops for the upper portion of the basin. A series of four meetings were held in Jonesville (March 15, 1996), Salisbury (March 22, 1996), Winston-Salem (May 17, 1996) and Salisbury (August 22, 1997). Details on these meetings can be found in Chapter 6 and Appendix IV. The initial meeting allowed people to select a breakout group from a choice of areas of concern for the basin. These were eventually conbsolidated into four groups which included: Water Quality (Point Source), Economic Development, Future Growth and Development and Water Quality (Nonpoint Source). Planning sessions were held in which the information from the workshops was summarized for presentation at the May meetings. Follow-up meetings, held in May, were intended to disseminate the summaries compiled at the planning sessions and to give attendees the opportunity to provide comments and suggestions. A summary of the subcommittees goals and recommended action plans is presented in Appendix IV. Each subcommittee developed: 1) a goal, 2) a series of recommendations, 3) a list of agencies that could implement the recommendation, 4) suggested potential funding sources for implementation of the recommendation, and 5) a timetable for completion of the recommendation. Lower Yadkin Pee Dee River Basin Workshops Two workshops were held for the lower Yadkin -Pee Dee River basin in Albemarle on August 22, 1996. The workshops were conducted to provide an overview of the basin schedule and information specific to the lower portion of the basin. After presentations, the group broke out into small discussion groups. Each group was asked to respond to three questions: 1) What are the priority water quality related issues in the basin?; 2) Are there any specific waterbodies in the basin that are experiencing water quality problems?; 3) What efforts have been undertaken to improve water quality? Lower Yadkin -Pee Dee River basin workshop participants identified the following categories as the primary areas of concern to the basin (Table 1). An effort has been made to address these issues in the development of the plan. Several issues identified by workshop participants that were not addressed in the plan were listed in Chapter 7 for future activities. A full summary of the workshops can be found in Chapter 6 and Appendix IV. I aide i Primary Areas of Concern for Participants of the Loi. er Yadkin -Yee Dee River Basin Workshops • Equity between Point Source and Nonpoint Source Issues • Agriculture BMPs and Waste Mgt. • Policy Issues • NPS Pollution/Sedimentation • Forestry Practices and BMPs • Water Supplies Research and Monitoring Needs (See Chp 7, Section 7.3.7)) • Urban Development • Recreation Impacts • Point Source Pollution • Loss of Riparian Zones • Lake Management Tap of Pngc � YADKIN-PEE DEE RIVER BASIN OVERVIEW The Yadkin -Pee Dee River basin is the second largest river basin in the state, covering 7,213 square miles. It includes eighty-three municipalities and all or part of twenty-four counties. The basin is primarily located within the piedmont physiographic region of the state (Figure 1), but also drains the mountain and coastal plain regions. Streams within each region are affected by the soils, geology and topography characteristic of that region. The basin originates on the eastern slopes of the Blue Ridge Mountains in Caldwell, Wilkes and Surry Counties (Figure 1). A small portion of the Yadkin River headwaters originates in Virginia. It flows northeasterly for about 100 miles, then flows to the southeast until it joins the Uwharrie River to form the Pee Dee River. The Pee Dee River continues flowing southeasterly through South Carolina to the Atlantic Ocean. The North Carolina portion of the basin contains approximately 5,991 miles of freshwater streams and rivers. To aid in locating the streams and lakes within the basin, this plan presents the basin as the upper Yadkin River basin (Figure 2.3) and the lower Yadkin River basin (Figure 2.4). The upper Yadkin River basin contains subbasins 03-07-01 through 03-07-07, which drain to High Rock Lake. The lower Yadkin River basin contains subbasins 03-07-08 through 03-07-17 which drain to the remaining chain lakes and the Pee Dee River. Forest land, covers approximately 49 percent of the basin. Agriculture (including cultivated and uncultivated cropland and pastureland) covers approximately 30 percent of the land area. The urban and built-up category comprises roughly I 1 percent and exhibited the most dramatic change between 1982 and 1992 (38 percent increase). Other categories that showed substantial changes during this period were pasturelands (19 percent increase) and the "Other" category, which includes rural transportation (26 percent increase). Both cultivated and uncultivated cropland decreased by a total of 46 percent in the basin between 1982 and 1992. It is likely that some of this cropland was converted to pastureland and to urban and built-up areas. Major land use activities in the basin include agriculture (crops and swine, poultry and cattle operations) and construction activities related to growth. Iredell County has the largest dairy cattle population in the state. There are a number of High Quality and Outstanding Resource Waters in the basin and many state and federally listed threatened and endangered species. The Yadkin -Pee Dee River basin contains a high number of lakes, including a series of "chain" lakes on the mainstem of the river, which attract many tourists to the area. Based on 1990 census data, the population of the basin was 1.2 million people. The most populated areas are in and near Winston-Salem and Charlotte. The overall population density is 163 persons per square mile versus a statewide average of 123 persons per square mile. While much of the basin contains rural areas surrounding small towns, many of the small to large cities have high density areas. The percent population growth over the ten year period between 1980 to 1990 was 10 percent. _Tap of page ASSESSMENT OF WATER QUALITY IN THE YADKIN-PEE DEE RIVER BASIN An assessment of water quality information collected by DWQ and other agencies indicate that 82% of the waters within the basin are supporting their designated uses. However, the uses of half of these waters (41%) are threatened. In addition, 9% of the waters are considered impaired. Of the 29 lakes monitored by DWQ, the majority are supporting their designated uses but are nutrient -enriched (eutrophic or mesotrophic). Below is a summary of monitoring data reflective of water quality in the basin. More details on this information can be found in Chapter 4. Summary of DWQ Monitoring Data Benthic Macroinvertebrates - These are primarily bottom -dwelling aquatic insect larvae such as species of mayflies, stoneflies, and caddisflies that are used as biological indicators of water quality. Measurements of the number and diversity of these organisms at strategic sampling sites is an important means of assessing water quality. Gencrai biap of the Yadkin River Basin — Ytsctti_t_a CA_NWA L W CtAhrm Legend -----• ccanrfsa,�r --- S o 132%A G-w7 XVW CmGI Ekyadw S�ba:ta 5a�hCary U4-HYG'013►9?hV IAAft ��J1tD`a Yadkn Wret Bash D E N R Figure 1 General Map of the Yadkin -Pee Dee River Basin During the 1996 Yadkin basin sampling, macroinvertebrates were collected at 105 sites. The 1996 basin sampling targeted mainstem sites and major tributaries in all the subbasins and gave a good representation of present water quality in the basin. Of the 105 basin samples, 11 were Excellent (10%), 30 were Good (29%), 46 were Good -Fair (44%), 14 were Fair (13%), and 4 sites were rated as Poor (4%). Fish Community Sampling - During the spring of 1996, 55 fish community sites, representing at least one site per subbasm, were sampled and evaluated using the North Carolina Index of Biotic Integrity (NCIBI). These 55 sites were rated as: Good-Excellent-6 (I I%), Good-23 (42%), Fair-Good-6 (I I%), Fair-13 (24%), Poor-Fair-2 (4%), Poor-1 (2%), and Not Rated-4 (7%). Fish Tissue Analysis - Sample collections were performed at nine sites within the drainage in 1996. DWQ confirmed extensive mercury contamination of the Abbotts Creek embayment of High Rock Lake in 1981, but followup remedial actions have brought mercury concentrations back down to background levels. Lakes Assessments - Twenty-nine lakes were sampled in the Yadkin River Basin. The majority of these lakes were sampled in 1994 or 1995. Twenty six lakes were fully supporting their designated uses. Two lakes were rated partially supporting their uses (Rockingham City Lake and Hamlet City Lake). Long Lake was listed as not supporting because it was drained in 1995 to facilitate sediment removal from the Jake's basin. Ambient Monitoring - Water quality data collected at 45 sites in the Yadkin River basin were evaluated for the period 1992-1996. Yadkin River mainstem water quality indicates highest total phosphorus and nitrogen concentrations at the Yadkin College site. Water quality at tributary ambient sites showed patterns of low dissolved oxygen levels and pH at some sites. Elevated fecal coliform bacteria levels are commonly found throughout the basin. Use -Support Ratings Use -support ratings are a method to analyze water quality information and to determine whether the quality is sufficient to support the uses for which the waterbody has been classified by the State. The word uses refers to activities such as swimming, fishing and water supply. All surface waters in the state have been assigned a classification. DWQ has collected chemical and biological water quality monitoring data throughout the basin, some of which are summarized above. Available data for a particular stream segment has been assessed to determine the overall use support rating; that is, whether the waters are fully supporting, support - threatened, partially supporting, or not supporting their uses. Fully supporting and support -threatened streams are not considered impaired. Streams referred to as impaired are those rated as either partially supporting or not supporting their uses. Although the majority of the streams have good to excellent bioclassifications and few standards were violated at the ambient stations, nonpoint source effects such as increased sedimentation, were evident at many of the sampling sites. There are also some point source discharges that pose water quality concerns in the portion of the basin draining into High Rock Lake. Those waters considered Impaired, and some select support threatened waters based on monitoring data, are discussed below by subbasin. Use support ratings in the Yadkin River basin, described more fully in Chapter 4, are summarized below. Of the 5,991 miles of freshwater streams and rivers in the Yadkin -Pee Dee basin, use support ratings were determined for 91 % or 5,408 miles with the following breakdown: Miles Percent of Total SUPPORTING 4930 82% • Fully supporting: (2436) (41%) • Support -threatened: (2494) (410/6) IMPAIRED 478 9% • Partially supporting: (383) (7%) • Not supporting: (95) (2%) NOT EVALUATED: 584 9% MAJOR WATER QUALITY CONCERNS AND PRIORITY ISSUES The primary water quality issues discussed in this basin plan relate to concerns presented to DWQ as priority issues, or those that have been identified as causing water quality impacts or impairment. Discussion on these categories follows. Growth Management - Proactive planning efforts at the local level are needed to assure that development is done in a manner that maintains the good water quality that is presently attracting people to the area. These planning efforts will need to find a balance between water quality protection, natural resource management and economic growth. Growth management requires planning for the needs of future population increases as well as developing a strong tourism base. These actions are critical to water quality management and the quality of life for the residents of the basin. Urban and residential impacts on water quality and trends in the basin are discussed in Chapter 3, Section 3.4.2. Some local initiatives are presented in Chapter 5, Section 5.6.3. Refer to Section 6.5 for recommended management strategies relating to planning for growth and development. Urban Stormwater - Surface waters can be significantly impacted by urban stormwater runoff. The impacts of urban and residential runoff on water quality in the basin are discussed in Chapter 3, Section 3.4.2. Some local initiatives are presented in Chapter 5, Section 5.6.3. Refer to Section 6.5 for recommended management strategies relating to controlling potential water quality problems related to urban stormwater runoff. Sedimentation - Erosion, and the resulting sedimentation, are prevalent throughout the basin. Workshop participants (Section 6.2.2) and Nonpoint Source Team members (Section 6.2.3) have expressed the view that the priority issue for the basin is sedimentation. Many waters in the basin are thought to be impacted or impaired, at least in part, by sedimentation (Chapter 4, Section 4.5). The sources of sedimentation are discussed in detail in Chapter 3, programs to address erosion and sedimentation are discussed in Chapter 5, some of the actions being taken at the local level are discussed in Chapter 5, Section 5.6. General management strategies for controlling sedimentation are presented in Section 6.5. Nutrients - Eutrophication of High Rock Lake is the primary focus of nutrient strategies in this basin plan. Nutrients are discussed in Chapter 3. Water quality on each monitored lake is presented in Chapter 4. Management strategies pertaining to High Rock Lake are presented in Section 6.3. General management strategies for controlling nutrients from urban and industrial stormwater are presented in Section 6.5. Fecal Coliform Bacteria - Ambient monitoring stations throughout the basin have identified waterbodies with elevated fecal coliform bacteria (Chapter 4). Fecal coliform bacteria sources are discussed in Chapter 3. General management strategies to address nonpoint sources of fecal coliform bacteria are presented in Section 6.5. Oxygen Consuming Wastes - Many streams within the Yadkin -Pee Dee River basin are low or zero flow streams. Regulations currently exist for streams with 7Q10 and/or 30Q2 equal to zero cubic feet per second (cfs). These regulations were developed to prohibit new or expanded discharges of oxygen - consuming wastes to zero flow streams. Existing facilities were evaluated for alternatives to discharge. Many facilities found alternatives and some chose to build new tertiary treatment facilities (which are allowed to discharge under the regulations). General management strategies for oxygen -consuming wastes and management strategies for specific streams within the basin are presented in Section 6.5.7. Agricultural Nonpoint Source Pollution - Agriculture can contribute to degraded water quality through contributions of excess nutrients, fecal coliform bacteria, toxic chemicals and erosion problems from runoff. Chapter 3, Section 3.2 discusses these causes of impairment and Section 3.4 provides a discussion on agricultural contributions to water quality impacts. Chapter 6, Section 6.5.2 presents some suggested management strategies to reduce the negative impacts agricultural activites can have on water quality. TOP Of P!F_�,) RECOMMENDED MANAGEMENT STRATEGIES FOR RESTORING AND PROTECTING IMPAIRED WATERS AND SELECT "THREATENED" WATERS Those waters in the basin that are considered impaired based on DWQ monitoring data are presented in Table 2. A summary of the management strategy developed for this waterbody is also presented. Some additional streams with known water quality problems which have not led to impairment but for which a management strategy has been developed are presented in summary in Table 3. For more details on water quality problems or management strategies for these waters, refer to Chapter 6, Section 6.3. These waterbodies are impaired, at least in part, due to nonpoint sources of pollution. The tasks of identifying nonpoint sources of pollution and developing management strategies for these impaired waterbodies, is very resource -intensive. Accomplishing these tasks is overwhelming, given the current limited resources of DWQ, other agencies (e.g.-Division of Land Resources, Division of Soil and Water Conservation, Cooperative Extension Service, etc.) and local governments. Therefore, only limited progress towards restoring those NPS impaired waterbodies can be expected during this five-year cycle unless substantial resources are put towards solving NPS problems. Due to these restraints, this plan has no NPS management strategies for most of the streams with NPS problems. DWQ plans to further evaluate the impaired waterbodies in the Yadkin -Pee Dee River basin in conjunction with other NPS agencies and develop management strategies for a portion of these impaired waterbodies for the second Yadkin River Basinwide Water Quality Management Plan, in accordance the requirements of Section 303(d). Table 2 Partially Supporting or Not Supporting Monitored Waters in the Yadkin -Pee Dee River Basin* Subbasin Waterbodti LSe Support Potential Sources Recommended MO. Straterj * Rating 030703 Ararat R. PS NP,P Actions by local governments and below Mt Airy agencies are needed to reduce NPS pollution. The Division will continue to evaluate instream data submitted by the City of Mount Airy.* 030703 Lovills Cr. at PS NP Further investigation is necessary SR 1371 to determine actions needed.* 030703 Heatherly Cr. PS & NP,P Continued monitoring will quantify NS improvements with the removal of the Pilot Mountain WWTP discharge.* 030704 Reynolds Cr. PS NP,P Sequoia WWTP should submit an engineering alternatives analysis.* 030704 Salem Cr. - PS NP Action by Forsyth County and the Middle Fork City of Winston Salem are needed to improve water quality. DWQ will reevaluate the model to determine if wasteload allocation should be revised.* 030704 Grants Cr. PS P,NP DWQ will monitor for improvement after the City of Salisbury's discharges are eliminated. If the creek is still impaired after the Salisbury discharge is removed, DWQ will identify other point sources of pollution and the options for these sources.* 030706 Fourth Cr. PS NP Pollutant sources must be below identified, along with methods to Statesville reduce nutrient loading.* 030707 Brushy Fork at PS NP Additional activity by local SR1810 governments and agencies and the Nonpoint Source Team are needed.* 030707 Hamby Cr. at I- NS NP,P No new dischargers of oxygen- 85, SR2031 consuming wastes should be (Abbotts Cr. permitted. Thomasville and watershed) Lexington should serve as regional WWTPs for future wastewater needs.* 030708 Lick Cr. at PS P,NP New dischargers, including the SR2351, NC8 Town of Denton's proposed outfall, should receive advanced tertiary limits for oxygen - consuming wastes.* 030708 Little Mtn Cr. PS NP,P New or expanding discharges should receive advanced tertiary limits for oxygen -consuming wastes under the current zero flow regulations. Low dissolved oxygen levels will be evaluated and appropriate actions pursued during FERC relicensing.* 030710 Pee Dee R. PS NP New or expanding discharges to below Lake the Pee Dee River below Lake Tillery Tillery should meet limits no less stringent than 15 mg/l BODS, 4 mg/l NH3N and 5 mg/1 DO. Appropriate mitigative actions will be pursued during FERC relicensing.* 030710 Brown Cr. at PS NP No new discharges should be SR1627 permitted in this watershed.* 030711 upper Rocky NS - a NP New or expanding dischargers above River portion is Mallard Creek should receive limits rated support of 5 mg/l BOD and 2 mg/l NH3N. threat- ened arg New or expandingdisches below Mallard Creek will receive total BODu limits 32 mg/l. Model results will be used to evaluate specific scenarios for future allocations in the river. The City of Charlotte and Cabarrus and Mecklenburg Counties should investigate pollution sources and develop mitigation plans to protect the river from further degradation.* 030711 Coddle Cr. at PS NP The NC Division of Water NC49 Resources has requested a minimum streamflow, intended to maintain downstream habitat, from the Coddle Creek impoundment (Chp 2, Sect 2.9). This minimum flow may or may not improve water quality at the DWQ downstream sampling site. DWQ will continue to monitor for improved effects. The Town of Concord is encouraged to take steps to reduce nonpoint source runoff to Coddle Creek.* 030712 Goose Cr. NS NP,P A field -calibrated QUAL2E model will be developed to evaluate assimilative capacity of the creek.* 030712 N. & S. Fork PS P,NP DWQ recommends that no Crooked Cr. additional oxygen -consuming wastes be permitted in N. Fork Crooked Creek until data are available to evaluate the impact of existing loading. No additional loading of oxygen -consuming wastes will be permitted in S. Fork Crooked Creek.* 030713 Long Lake NS NP Long Lake is drained and under a local restoration project. 030714 Richardson Cr. PS NP,P No new discharges of oxygen - below Monroe consuming wastes should be permitted above Monroe's WWTP.* 030714 Lanes Cr. NS & NP Every alternative to discharge PS should be thoroughly examined before a new outfall is considered.* 030716 Cartledge Cr. PS NP Additional activity by local at SR 1142 governments and agencies are needed to develop a plan to reduce nonpoint source pollution.* 030716 Hitchcock Cr. NS NP No additional loads of oxygen - at SR 1109 consuming wastes within 4 miles of mouth of creek should be permitted.* 030716 Rockingham City Lake PS NP Local restoration actions will need to be taken.* 030716 Hamlet City PS NP Local restoration actions are Lake planned.* 030717 N. Fork Jones PS NP Before any new outfalls are Cr. at SR 1121 permitted, it is recommended that and S. Fork additional data be collected to aid in Jones Cr., assessing assimilative capacity. Anson Cnty Additional investigation is necessary to identify specific nonpoint sources of contamination.* Notes: NS = Not Supporting PS = Partially Supporting NP = Nonpoint Sources P = Point Sources * - Only limited progress towards developing and implementing NPS strategies for these impaired waters can be expected without additional resources. Table 3 Recommended TMDLs and Management Strategies for Addressing Oxygen -Consuming Wastes with Reference to Subbasin Summaries. Ref. Sub- Recc iA tug 'Vix,ia2enlent Strateav p 6 basin Stream - Sect. 1 030704 Grants Creek If DO violations continue after 6.3.4- Salisbury has relocated, other E sources of pollution will need to be identified. 2 030704 Salem Creek Reevaluate QUAL2E model to 6.3.4- & Muddy determine if the wasteload E Creek allocation for the Archie Elledge Plant should be revised. 3 030705 Cedar Creek To aid in assessing the assimilative 6.3.4- capacity, additional water quality F data should be collected before permitting new dischargers. 4 030706 Second Field calibrated model should be 6.3.4- Creek considered for assessing the G (North) potential impact of new or expanding dischargers. 5 030707 Rich Fork No additional loadings of oxygen- 6.3.4- consuming wastes should be H permitted. 6 030707 Abbotts No new dischargers of oxygen- 6.3.4- Creek consuming wastes should be H watershed permitted. Thomasville and Lexington should serve as regional WWTPs for future wastewater needs. 7 030708 Mountain Cr. Low dissolved oxygen levels in the 63.4- arm of Lake Mountain Cr. arm of Lake Tillery I Tillery will be evaluated. Appropriate actions will be pursued during FERC relicensing. 8 030708 Upper Lake Low dissolved oxygen levels in the 63.4- Tillery upper reaches of Lake Tillery will I be evaluated. Appropriate actions will be pursued during FERC relicensing. 9 030708 Clarks Creek Further evaluation and updated 6.3.4- flow information should be I obtained if the Mt. Gilead discharge remains, or new discharges locate to this creek. 10 030708 Yadkin River Low dissolved oxygen levels below 6.3.4- High Rock Lake dam will be I evaluated and appropriate actions pursued during FERC relicensing. 11 030710 Pee Dee New or expanding discharges to the 6.3.4- River Pee Dee River below Lake Tillery K should meet limits no less stringent than 15 mg/1 BOD5, 4 mg/1 NH3N and 5 mg/1 DO. Appropriate mitigative actions will be pursued during FERC relicensing. 12 030710 Brown Creek No new discharges should be 6.3.4- permitted in this watershed. K 13 030711 Mallard Cr & New or expanding discharges, if 6.3.4- Rocky R. permitted, should receive limits of L watershed 5 mg/I BOD and 2 mg/l NH3N. upstrm of Mallard Cr 14 030711 Rocky River New or expanding discharges are to 6.3.4- below receive BODu limits equal to 32 L Mallard mg/l. Creek 15 030712 Goose Creek Field calibrated model will be 6.3.4- developed to evaluate assimilative M capacity of the creek. 16 030712 Crooked Before any new outfalls are 6.3.4- Creek permitted, it is recommended that M additional chemical/physical data be collected to aid in assessing the assimilative capacity of the proposed receiving stream. 17 030712 South Fork No additional loads of oxygen- 6.3.4- Crooked consuming wastes will be M Creek permitted. 18 030712 North Fork No additional loads of oxygen- 6.3.4- Crooked consuming wastes until data has been M Creek collected on the creek to determine impacts from existing facility. 19 030712 Rocky River New or expanding dischargers to the t6j-34- river between the Rocky River Regional M WWTP and the confluence with Muddy Creek will receive total BODu limits of approx. 32 mg/l. In addition, DWQ is planning to request USGS to develop a low flow profile for the river so that the QUAL2E model can be extended to the mouth of the river. 20 030713 Long Creek The City of Albemarle should optimize 6.3.4- treatment processes. More stringent N BOD5 limits will be considered. 21 030714 Richardson No new discharges of oxygen- 6.3.4- Creek consuming wastes should be permitted O above Monroe's WWTP. 22 030716 Hitchcock No additional loads of oxygen- 6.3.4- Creek consuming wastes within 4 miles of Q mouth of creek should be permitted. 030716 Marks Creek Additional loadings of oxygen- 6.3.4- consuming wastes are not recommended. Q If future expansions are to be reconsidered, it is recommended that DWQ analyze the feasibility of developing a field calibrated model in order to assess the assimilative capacity of the stream. 030716 Pee Dee Low dissolved oxygen levels below 6.3.4- River Blewett Falls Lake dam will be Q evaluated and appropriate actions pursued during FERC relicensing. 030717 Jones Creek Before any new outfalls are permitted, it 6.3.4- and Deadfall is recommended that additional R Creek chemical/physical data be collected to catchments aid in assessing the assimilative capacity of the proposed receiving stream. Top of Page POTENTIAL RECLASSIFICATION TO HIGH QUALITY WATERS OR OUTSTANDING RESOURCE WATERS Based on DWQ monitoring, there are several waterbodies that may be considered eligible for reclassification to HQW or ORW (Table 4). Table 4 Potential HQW/ORW Waters in the Yadkin -Pee Dee River Basin Suhl)asin t�,aterl)odies 030701 Buffalo Creek, Stoney Fork, Mulberry Creek, Roaring River and Middle Prong Roaring River 030706 1 upper South Yadkin River, Hunting Creek, North Little Hunting Creek and Rocky Creek 1030710 1 Mountain Creek 1030714 1 West Fork Little River I 1030716 1 Beaverdam Creek, Bones Fork Creek and Rocky Fork Creek Top of Pngc-,) FUTURE INITIATIVES IN THE YADKIN-PEE DEE RIVER BASIN Nonpoint Source Control Strategies and Priorities/Nutrient Reduction Efforts Improving knowledge of and controlling nonpoint source pollution will be a high priority over the next five years. Nonpoint source pollution is primarily responsible for the impaired and threatened waters in the Yadkin -Pee Dee River basin. The following two initiatives are underway to address the protection of surface waters from nonpoint sources of pollution. . Establishment of nonpoint source basin teams in each basin. DWQ has begun to establish a nonpoint source team in each of the state's 17 major river basins. Two nonpoint source teams have been established for the upper and the lower Yadkin -Pee Dee River basin. Refer to Chapter 7, Section 7.2.2 for further description. . Interagency Water Quality Monitoring. DWQ has begun the process of coordinating with other natural resource agencies on the idea of interagency water quality monitoring across the state. Refer to Chapter 7, Section 7.2.3 nor more information. Efforts to Improve NC's Sedimentation and Erosion Control Program Recently, there has been an initiative in the Division of Land Resources to address sediment and turbidity water quality problems across the state. The Sedimentation and Erosion Control Commission recognized the need to evaluate the implementation of the existing programs. A Technical Advisory Committee was established to develop recommendations for the Commission. The Commission supported the recommendations and instructed staff to implement the ones which can be implemented without rule or statute changes and establish a schedule to implement the others. The changes are expected to result in program implementation improvements and reduction in sediment losses to our streams. The North Carolina Wetlands Restoration Program The North Carolina Wetlands Restoration Program (NCWRP) was established by the General Assembly in 1996. The purpose of the NCWRP is to protect and improve water quality, flood prevention, fisheries, wildlife and plant habitats, and recreational opportunities through the protection and restoration of wetlands and riparian areas. The NCWRP will accomplish this purpose by implementing projects that will restore wetland and riparian area functions and values throughout North Carolina. Beginning July 1, 1997, comprehensive Basinwide Restoration Plans will be developed for each river basin in conjunction with the Basinwide Water Quality Management Plans. GIS-based mapping methodologies will be used to assess the status of existing wetlands and riparian area resources within each basin and to identify degraded wetlands and riparian areas. Potential restoration sites will be prioritized based on the ability of the restored sites to address problems that have been identified in the Basinwide Water Quality Management Plans. The Yadkin -Pee Dee River Basinwide Restoration Plan will be one of the first plans developed. See Chapter 7, Section 7.3.2 for more details National Pollutant Discharge Elimination System (NPDES) Program In the next five years, efforts will be continued to: • improve compliance with permitted limits; . improve pretreatment of industrial wastes to municipal wastewater treatment plants so as to maintain reduced toxicity in effluent wastes; • encourage pollution prevention at industrial facilities in order to reduce the need for pollution control; . require dechlorination of chlorinated effluents or the use of alternative disinfectants for new or expanding facilities; . require multiple treatment trains at wastewater facilities; and . require plants to begin plans for expansion well before they reach capacity. Longer -term objectives will include refinement of overall management strategies. Long-term point source control efforts will stress reduction of wastes entering wastewater treatment plants, seeking more efficient and creative ways of recycling byproducts of the treatment process (including reuse of nonpotable treated wastewater), and keeping abreast of and recommending the most advanced wastewater treatment technologies. Use of Discharger Self -Monitoring Data DWQ will continue to make greater use of discharger self -monitoring data to augment the data it collects through the programs described in Chapter 4. Quality assurance, timing and consistency of data from plant to plant will be issues of importance. Also, a system will need to be developed to enter the data into a computerized database for later analysis. In an effort to improve the qualtiy and consistency of self -monitoring data, DWQ is working with a coalition of dischargers in the Yadkin -Pee Dee river basin to develop a strategic monitoring plan that is similar, and in compliment to, DWQ's ambient monitoring system. Similar programs are effectively used in the lower Neuse and Cape Fear River basins. See Chapter 7, Section 7.3.4. Promotion of Non -Discharge Alternatives/Regionalization DWQ requires all new and expanding dischargers to submit an alternatives analysis as part of its NPDES permit application. Non -discharge alternatives, including connection to an existing WWTP or land -applying wastes are preferred from an environmental standpoint. If the Division determines that there is an economically reasonable alternative to a discharge, DWQ may recommend denial of the NPDES permit. Coordinating Basinwide Management with Other Programs The basinwide planning process helps to identify and prioritize waterbodies in need of protection or restoration efforts and provides a means of disseminating this information to other water quality protection programs. The potential exists to identify wastewater treatment plants in need of funding for improvements through DWQ's Construction Grants and Loan Program. The plans can also assist in identifying projects and waterbodies applicable to the goals of the Clean Water Management Trust Fund, Wetlands Restoration Program, or Section 319 grants program. Finalized basin plans are provided to these program offices for their use and to other state and federal agencies. Improved Data Management and Expanded Use of Geographic Information System (GIS) Computer Capabilities DWQ is in the process of centralizing and improving its computer data management systems. Most of its water quality program data including permitted dischargers, effluent limits, compliance information, water quality data and stream classifications, will be put in a central data center which will be made accessible to most staff at desktop computer stations. Much of this information is also being entered into the state's GIS computer system. As all this information is made available to the GIS system, including land use data from satellite or air photo interpretation, and as the system becomes more user friendly, the potential to graphically display the results of water quality data analysis will be tremendous. Improved Monitoring and Assessment of Erosion Impacts Sedimentation is perceived by the workshop participants and the Yadkin -Pee Dee River basin NPS Teams as one of the highest priorities in the basin. Many streams are impacted or impaired, at least in part, due to sedimentation. Erosion is evident throughout the basin. The fact that sedimentation is visible and aesthetically unpleasant helps make it a higher profile issue. The extent of sedimentation problems can be difficult to diagnose with the monitoring methods historically used by DWQ and many other state water quality agencies. Suspended solids sampling conducted on a scheduled monthly basis is likely to miss most of the high -flow periods during which the majority of sediment is transported. Benthic monitoring techniques may not always identify the effects of sedimentation, which can impact aquatic organisms by reducing and altering available habitat. Some of the actions that DWQ and others will take towards improving monitoring and assessment of erosion impacts are: . DWQ currently does not have adequate means of quantifying the effects of sedimentation on water quality. DWQ recognizes the need to improve its targeting and monitoring capabilities in order to further identify sediment problems as well as to facilitate and support efforts to restore degraded areas. This points to the need for targeted management efforts coupled with a monitoring strategy which effectively measures sediment transport under both average and extreme conditions. DWQ will work toward developing interagency resources for enhancing the ability to measure and model erosion and sediment levels, to identify sediment source areas, and to recommend appropriate management practices. DWQ will initiate discussions among staff and other agencies to determine how these issues can best be addressed given current resource constraints. DWQ will also try to determine what, if any, programmatic changes can be made to gain better knowledge on sedimentation. • Locally -based watershed improvement efforts represent an important mechanism for restoring streams and watersheds degraded by sedimentation. The Division is working with several such projects in the Yadkin -Pee Dee River basin and will continue to do so. Funding for such efforts can come from a number of sources (See Appendix VI), including the Agricultural Cost Share Program, Section 319 grants and the Clean Water Management Trust Fund. The Division's role in such projects can include assistance with problem identification and targeting, monitoring and other technical assistance. DWQ is currently working with the Division of Land Resources, Division of Forest Resources and Division of Soil and Water Conservation to develop a Memorandum of Agreement for Turbidity. Turbidity is an indicator of sedimentation in a waterbody. The intent of the agreement is to establish a relationship between the agencies that better defines each agency's responsibility for activities related to turbidity. The turbidity standard is not being changed under this agreement. Additional Research and Monitoring Needs DWQ staff has identified some additional research and monitoring needs that would be useful for assessing and, ultimately, protecting and restoring the water quality of the Yadkin -Pee Dee River basin. The following list is not inclusive. Rather, it is meant to stimulate ideas for obtaining more information to better address water quality problems in the basin. With the newly available funding programs (Clean Water Management Trust Fund and Wetlands Restoration Program) and the existing Section 319 grant program, it may be desirable for grant applicants to focus proposals on the following issues: • More resources are needed to address nonpoint sources of pollution. Identifying nonpoint sources of pollution and developing management strategies for impaired waterbodies, given the current limited resources available, is an overwhelming task. Therefore, only limited progress towards restoring NPS impaired waterbodies can be expected unless substantial resources are put towards solving NPS problems. • Long-range water supply planning for the upper portion of the basin is needed. The proposed water withdrawal by the City of Winston-Salem has the potential to reduce low flow conditions in the mainstem of the Yadkin River enough to affect the River's waste assimilative capacity. Growth management/urban stormwater planning (specifically for the Rocky River drainage out of Charlotte and in the Winston -Salim area) are needed. Increased population in these areas will demand more water and generate more wastewater. In addition, conversion of land from forests and farms will increase impervious surfaces and produce higher than natural streamflows and cause erosion. Streams in these areas will likely become impaired unless this growth is planned for and managed properly. • Need to update the sediment studies of the 1970's to the 1990's. This information would be used to predict future trends and to assess the effectiveness of major sediment control efforts (e.g.- the Farm Bill). • There is a lack of data on impacts of summer low -flow conditions on aquatic life. The lack of flowing water during summer months can severely reduce the diversity of aquatic fauna. This problem has not been investigated in North Carolina and further research will be required to determine the effect of water withdrawals (e.g.- for irrigation) on stream life. • Determining sedimentation rates and volumes in the Chain Lakes would be very useful. . Document the impact of animal wastes in areas of high cattle (e.g.-Iredell County) and poultry (e.g.-Union County) production. There is a need for separating out the impact from organic loading, nutrient loading and other nonpoint sources. . Need improved monitoring of small streams. These streams are currently ignored because of their size, but they are a source of pollution and this source will increase as growth occurs. The following comments and questions, as presented by the participants of the Lower Yadkin -Pee Dee River basin workshop, require attention: 1. More data are needed to determine what percentage of water quality problems are due to agriculture. 2. There needs to be a better understanding of, and more education on, color impacts from wastewater discharges. Need to identify both NPS and point source pollution contributions/contributors. What data do we have? Is it based on good science? 4. Need better identification of the causes and sources of pollution in impaired streams. More resources should be put into determining why stream miles are impaired- "what is the source of poor water quality?" This is needed to develop appropriate management strategies. 5. Identify problems before establishing regulations. 6. Need more research on urban BMPs. 7. We need education for farmers and better access to research. [ 1998 Yadkin -Pee Dee River Basinwide Water Quality Management Plan ] [ 1998 Yadkin -Pee Dee River Basinwide Water Quality Management Plan Executive Summary j [ Yadkin -Pee Dee River Basin Map ] [ Yadkin -Pee Dee River Basin Statistics ] [ Home ] [ Basinwide Water Quality Plans ] [ Water Quality Plan Executive Summaries ] [ Basin Maps ] [ River Basin Quiz ] [ Basinwide Statistics ] [ Meetings and Events ] [ What is Basinwide Planning? J [ Which Basin Are You In? ] [ Basinwide Contact Information ] Section s Chapter 4 Yadkin -Pee Dee River Subbasin 03-07-04 Includes Muddy Creek, Grants Creek and High Rock Lake 4.1 Water Quality Overview i - - _TM�Z — ._ _ -• Subbasin 03-07-04 at a Glance Land and Water Total area: 730 m12 Stream miles: 438.0 Lake acres: 11,137.3 Population Statistics 1990 Est. Pop.: 325,945 people Pop. Density: 461 persons/n& Land Cover (% Forest/Wetland: 55.9 Surface Water: 3.6 Urban: 6.0 Cultivated Crop: 2.8 This subbasin is located entirely within the piedmont portion of the state. Muddy Creek is the largest tributary of the Yadkin River within this subbasin and its watershed drains the Winston-Salem area. Grants Creek, in the southwestern part of the subbasin, flows through Salisbury, Spencer and East Spencer. Dutchman Creek (subbasin 03- 07-05) and the South Yadkin River (subbasin 03-07-06) enter the Yadkin River above High Rock Lake in this subbasin. Abbotts Creek (discussed in subbasin 03-07-07) is a tributary to High Rock Lake. The subbasin contains all or part of more than 15 different municipalities and five counties. The Yadkin River and High Rock Lake serve as the county boundary between Davie and Davidson and Rowan and Davidson counties. Pasture/ A map including the locations of NPDES discharges and Managed Herbaceous: 31.7 iwater quality monitoring stations is presented in Figure B- -„�" 4. Table B-7 contains a summary of monitoring data typ6s, locations and results. Use support ratings for waters in this subbasin are summarized in Table B-8. Appendix I provides a key to discharge identification numbers. Refer to Appendix III for a complete listing of monitored waters and more information about use support ratings. This subbasin is one of only a few in which more than 5 percent of land is described as urban. The northern portion of the subbasin includes Winston-Salem, Rural Hall, Tobaccoville and parts of King, Lewisville, Clemmons and Kernersville and is ahnost completely developed. Approximately 56 percent of the land is forested and nearly 35 percent is in agriculture. More than 3 percent is surface water reflecting a large portion of the 15,750-acre High Rock Lake. This subbasin contains more than one quarter (27 percent) of the total basin population, and the population density in 1990 was the highest of any other subbasin. Population is expected to increase 32 percent in Rowan, 26 percent in Forsyth and 25 percent in Davidson counties between 2000 and 2020. The subbasin contains 40 NPDES permitted discharges and eight registered animal operations. Facilities with compliance or toxicity problems are discussed in following sections. The majority of waters within this subbasin exhibit some level of impacts to water quality. Many streams are Impaired by a combination of nonpoint and point source pollution. There are no High Quality Waters or Outstanding Resource Waters within the subbasin. Section B: Chapter 4 - Yadkin -Pee Dee River Subbasin 03-07-04 146 0 Figure B-4 Yadkin -Pee Dee River Subbasin 03-07-04 SCIRRY King ri+Y ST4fCES I bbaccoville �e 272,. Iv U. Rur Hal( FORSYTH 2� Be i"a� a"Ikertown I Winstongs -'_251 A - -S: � ;at Salem �• � = NW �}7 �,Nr4 . K ersville its �,•vj =/ r t. a:..: SS -1 ' :q25- `f 31. .. 235. x;• �r Lewlsvme "4 S :; si 1'22-7 I -2 " i�219 ^ JClemlmons14 Q25D000 ti ¢� t ! a, NG801 , = '' 215 ••c1� r_—_—r �2600 00 _ b7 t DAWE n 1971195 j y { �! ,67f_-J175!` c�3 185 J' DAI/f )SONS �. r�r I ,R 810000 168 ems-1 r—ti+'`ca°�p 159: �OXingtOn } jy ROWAN �,� �-� � j_ ; f55 ,0 157 i ,ti . !_ J f 151 I -150 Q4660 ? 0 �14 t. M- 143 4 14g ! 4600000 1264�, I 110 112/$ �• Sall Urv;:: 9000 •t O Subbesfn Boundary . _/0. . ;%" Nab s..`! ® mbwd. moriftinsmtlan Q53600 106 . _ r` :aemmostanm 105 f111 i High Lake Rock r,�` .; .. Fish c«mrnxs� seam SSB-4 Al.� ® Fish 7ismm Stawn 101 i .A,100 ""1 -;� E' Q6120000, WDESDtrdharaes ;_r A Malmo WON Faith 1 ', Roc 'elf, t I, =.x.5 +rc- t� Uae Support fmBng Landis Grove l ! { 'ter s upporft . t. impaired - f ..—.. ..—..—.. —..— e _..._..—.�.�__..—..�If --.. !1\Yj No Data NCMM CABARRUS SiANlLY ` ✓ county Bound" Planning Branch ! '�+ ' � PftaryPoeds Basiawide Planning Program Unit 5 0 5 10 Miles ° MuNdpaRy March 21, 2003 2 Table B-7 DWQ Monitoring Locations, Bioclassifications and Notable Chemical Parameters (1998-2002) for Yadkin -Pee Dee River Subbasin 03-07-04 Site Stream County Road Bioclassification o= Noted Parameter Benthic Macroinvertebrate Community Monitoring B-1 Muddy Creek' Forsyth SR 1898 Good -Fair B-2 Muddy Creek Forsyth SR 2995 Good -Fair SSB-1 Reynolds Creek' Forsyth Above Sequioa VVVJTP Not Rated SSB-2 Reynolds Creek Forsyth Below Sequioa WWTP Not Rated B-3 Salem Creek' Forsyth SR 2657 Not Rated " B-4 Salem Creek Forsyth SR 2902 Fair B-5 Salem Creek Forsyth SR 2991 Fair B-6 South Fork Muddy Cr' Forsyth SR 2902 Good -Fair B-7 Yadkin River' Davidson SR 1447 Good B-8 Grants Creek' Rowan SR 1914 Fair SSB-4 UT Grants Creek' Rowan SR 1500 Not Impaired SSB-3 Town Creek' Rowan I-85 Fair Fish Community Monitoring F-1 Muddy Creek Forsyth SR 1891 Fair F-2 Silas Creek Forsyth SR 1137 Fair F-2 Silas Creek (2002) Forsyth SR 1137 Good -Fair F-3 Salem Creek Forsyth SR 1120 Poor F-4 South Fork Muddy Cr Forsyth SR 2902 Good -Fair F-5 Grants Creek Rowan SR 2202 Good -Fair Ambient Monitoring Q2510000 Salem Creek Forsyth At Elledge W WTP Fecal coliform Q2600000 Muddy Creek Forsyth SR 2995 Nutrients, Fecal coliform Q2810000 Yadkin River Davie/ Davidson US 64 Turbidity Q4600000 Grants Creek Rowan Near mouth Turbidity, Nutrients, Fecal coliform Q4660000 Yadkin River Rowan/ Davidson NC 150 Turbidity Fecal coliform Q5970000 Abbotts Creek Arm of High Rock Lake Davidson NC 47 Turbidity, Iron, Dissolved oxygen P�,_�High Abbotts Creek Arm of Rock Lake Davidson SR 2295 Turbidity, Dissolved oxygen Section B: Chapter 4 - Yadkin -Pee Dee River Subbasin 03-07-04 148 Q5360000 Town Creek Arm of High Rock Lake Rowan I SR 2168 I I Turbidity, Iron, Dissolved oxygen Yadkin Pee Dee River Basin Association Monitoring Q2291000 Muddy Creek Forsyth I-40 Fecal coliform Q2479455 Salem Creek Forsyth SR 2740 None Q2540000 Salem Creek Forsyth SR 1120 None Q2570000 Salem Creek Forsyth SR 2991 Fecal colifomz Q2720000 Muddy Creek Forsyth SR 1485 Turbidity Q2810000 Yadkin River' Davie/ Davidson US 64 Turbidity Q4540000 Grants Creek Rowan 30D St. Extension Fecal coliform, Turbidity Q4600000 Grants Creek' Rowan Near mouth None Q4660000 Yadkin Rivera Rowan/ Davidson NC 150 Turbidity Q5240000 Town Creek Rowan 1-85 None Q5980000 Abbotts Creek Arm of High Rock Lake Davidson NC 47 None Lakes Assessment — Winston Lake Forsyth 1 station None — Salem Lake Forsyth 3 stations None — High Rock Lake Rowan/ Davidson 8 stations % DO saturation, Turbidity, Nutrients, Chlorophyll a, pH — Lake Wright Rowan 1 station None — Lake Corriher Rowan 1 station None Historical data of this type are available for this waterbody; refer to Appendix IL Sites may vary. Parameters are noted if in excess of state standards in more than 10 percent of samples collected within the assessment period (9/1996-8/2001). This site duplicates a DWQ ambient monitoring station. For more detailed information on sampling and assessment of streams in this subbasin, refer to the Basimvide Assessment Report - Yadkin Pee Dee River Basin (NCDENR-DWQ, June 2002), available from DWQ Environmental Sciences Branch at htm_/fwww.esb.enr.state.nc.us/bar.html or by calling (919) 733-9960_ Section B_ Chapter 4 - Yadkin -Pee Dee River Subbasin 03-07-04 149 Table B-8 Use Support Ratings Summary (2002) for Monitored and Evaluated Freshwater Streams (miles) and Lakes (acres) in Yadkin -Pee Dee River Subbasin 03-07-04 Use Support Category Units Supporting Impaired Not Rated No Data Total' Aquatic Life/Secondary Recreation miles acres 69.3 275.3 48.2 10,449.7 3.3 71.0 317.2 .341.3 438.0 11,137.3 Fish Consumption' miles acres 352.7 301.8 85.3 10,835.5 0.0 0.0 0.0 0.0 438.0 11,137.3 Primary Recreation miles acres 0.0 4,880.9 0.0 0.0 0.0 0.0 3.0 359.5 3.0 5,240.4 Water Supply miles acres 76.9 I1,084.5 j 0.0 0.0 0.0 0.0 0.0 0.0 76.9 11,084.5 ' Total stream miles/acres assigned to each use support category in this subbasin. Column is not additive because some stream miles are assigned to more than one category. ' These waters are impaired based on fish consumption advice issued for three species of freshwater fish due to mercury contamination. Refer to page 104 of Section A for details. 4.2 Status and Recommendations for Previously Impaired Waters This section reviews use support and recommendations detailed in the 1998 basinwide plan, reports status of progress, gives recommendations for the next five-year cycle, and outlines current projects aimed at improving water quality for each water. The 1998 Yadkin -Pee Dee River basin plan identified portions of Reynolds Creek, Salem Creek and Grants Creek as Impaired. These waters are discussed in further detail below. 4.2.1 Reynolds Creek (3.3 miles from source to Muddy Creek) 1998 Recommendations Biological surveys conducted in 1994 revealed that Reynolds Creek was Impaired downstream of the Sequoia WWTP. This facility was a package WWTP serving a residential community. DWQ recommended that an engineering alternatives analysis be conducted to determine the feasibility of eliminating this discharge and connecting to the Winston-Salem/Forsyth County collection system. Recommendations were also made for reducing nonpoint source pollution. Current Status Benthic macroinvertebrate communities in Reynolds Creek were sampled again at two locations in 2000. Due to reduced flow, the stream was too small for bioclassifications to be assigned. Upstream of the discharge, DWQ biologists found that there had been a slight decline over the six -year period, which is likely due to increased development in Lewisville. Downstream, significant problems still existed that were attributed primarily to the WWTP. Areas of sludge deposition were observed that were contributing to water quality problems. The Sequoia WWTP discharge was removed in July 2001. 2002 Recommendations Although Reynolds Creek is currently Not Rated due to its small size, significant water quality problems still exist. DWQ will continue to monitor this stream to evaluate any improvement Section B: Chapter 4 - Yadkin -Pee Dee River Subbasin 03-07-04 150 following the removal of the Sequioa WWTP discharge. However, local actions are needed to reduce the effects of nonpoint source pollution, particularly from stormwater runoff, and to restore habitat in the lower portion of the watershed. It is likely that Forsyth County and Lewisville will be required by DWQ to obtain an NPDES permit for municipal stormwater systems under the federal Phase II stormwater rules. 4.2.2 Salem Creek (12.0 miles from dam at Salem Lake to Muddy Creek) 1998 Recommendations Recommendations for the Salem Creek watershed include support for the City of Winston- Salem's stormwater program and call for further action by the city and Forsyth County to help maintain and improve water quality in the face of continuing development. DWQ planned to reevaluate the computer model used to determine the wasteload allocation for the Archie Elledge WWTP and adjust the NPDES permit accordingly, based on the outcome. Current Status The Salem Creek watershed continues to develop, particularly in the headwaters near Kernersville, but also on the lower end. Some habitat degradation was observed above Salem Lake, but the majority of water quality problems exist below the confluence with Brushy Fork. Biological surveys were conducted by DWQ at three sites below Salem Lake, and water chemistry samples were also collected at three sites. Although a small percentage of samples downstream of the Archie Elledge WWTP contained dissolved oxygen concentrations less than 5.0 mg/l, the WWTP does not seem to be adversely impacting the stream. Benthic macroinvertebrate communities were very similar above and below the WWTP. Significant habitat degradation was observed throughout the lower watershed, including severe bank erosion, a lack of riparian vegetation, and sedimentation leading to a very uniform sand/silt substate (i.e., lack of pool and riffle habitat). Additionally, the fish community site, which received a Poor bioclassification, is located upstream of the VVWTP discharge. Salem Creek, from the dam at Salem Lake to the confluence with Muddy Creek, remains Impaired. The geometric means of fecal coliform samples collected from three stations between 1998 and 2001 and one station between 1996 and 2001 from Salem Creek (307, 327, 368 and 773 colonies/100ml) indicate that the stream may not be suitable for primary recreation. In addition, fecal coliform concentrations were greater than 400 colonies/100ml in more than 20 percent of samples from each site. Salem Creek is not currently classified for primary recreation (Class B). However, the stream was historically placed on the 303(d) list for fecal coliform and a TMDL is being developed by DWQ. 2002 Recommendations Further investigation into the causes and sources of biological impacts to Salem Creek is needed before specific recommendations to improve water quality can be made. Local actions are needed to reduce sedimentation, turbidity and fecal coliform contamination and to promote the production of instream habitat by restoring riparian vegetation throughout the watershed. DWQ will develop a TMDL for fecal coliform and work with local agencies to implement it over the next five-year basinwide planning cycle. Many of the BMPs employed to reduce fecal coliform contamination will likely help reduce habitat degradation in the watershed also. In addition, Forsyth County and Kernersville are required to obtain NPDES permits for municipal Section B: Chapter 4 - Yadkin Pee Dee River Subbasin 03-07-04 151 stormwater systems under the Phase 11 stormwater rules. Refer to page 37 of Section A, Chapter 2 for details. Water Quality Improvement Proiects The Salem Creek watershed, including Peters Creek and Brushy Fork (03040101 170060), is one of 55 watersheds in the Yadkin -Pee Dee River basin that has been identified by the NC Wetlands Restoration Program (NCWRP) as an area with the greatest need and opportunity for stream and wetland restoration efforts. This watershed will be given higher priority than a nontargeted watershed for the implementation of NCWRP restoration projects. Refer to page 278 in Section C for details. 4.2.3 Grants Creek (1.2 miles from SR 1910 to Yadkin River) 1998 Recommendations The 1998 basin plan discussed water quality impacts from the Salisbury Grants Creek WWTP and Spencer Sowers Ferry Road WWTP discharges and Salisbury's plans to relocate the Grants Creek WWTP discharge to the Yadkin River. Recommendations were for DWQ to monitor the stream following the removal of this discharge and for local action to reduce nonpoint source pollution. Current Status Biological data were collected from two sites, and water chemistry data were collected from three sites along Grants Creek over the previous basinwide planning cycle: Although the uppermost site (above the WWTP discharges) received a Good -Fair bioclassification, biological surveys indicated severe habitat degradation as well as nutrient enrichment. Further downstream, Grants Creek is impaired by a combination of historical point source problems and current nonpoint source problems. At two water chemistry sites (above and below the WWTPs), turbidity concentrations were in excess of state standards in more than 10 percent of samples. The geometric means of fecal coliform samples collected from two stations between 1998 and 2001 and one station between 1996 and 2001 from Grants Creek (292, 231 and 291 colonies/100ml) indicate that the stream may not be suitable for primary recreation. In addition, fecal coliform concentrations were greater than 400 colonies/100ml in more than 20 percent of samples from each site. Grants Creek is not currently classified for primary recreation (Class B). However, the stream was historically placed on the 303(d) list for fecal coliform and a TMDL has already been developed by DWQ. The City of Salisbury relocated the Grants Creek WWTP discharge to the Yadkin River in 1998. The City of Spencer's Sowers Ferry Road WWTP continued to have significant and chronic problems with BOD as well as chronic problems with dissolved oxygen and total suspended solids over the most recent assessment period (1998-2001). However, in November 2000, the City of Salisbury purchased the Sowers Ferry Road WWTP. Salisbury worked throughout 2001 and 2002 to divert all flows into the Grants Creek WWTP and the Sowers Ferry Road WWTP discharge was eliminated by the end of 2002. Section B: Chapter 4 - Yadkin -Pee Dee River Subbasin 03-07-04 152 2002 Recommendations Although Grants Creek above the City of Salisbury is not Impaired, impacts are evident. Further investigation into the causes and sources of biological impacts in the lower portion of Grants Creek is needed before specific recommendations to improve water quality can be made. DWQ expects to see some improvement below the old Sowers Ferry Road WWTP during the next basinwide planning cycle due to Salisbury's elimination of this discharge. However, local actions will continue to be needed throughout the watershed to reduce sedimentation and turbidity and to promote the production of instream habitat by restoring riparian vegetation. DWQ's fecal coliform TMDL for Grants Creek was approved by the EPA in 2002. The study revealed that the sources of fecal coliform in the Grants Creek watershed are urban sources in the Landis, China Grove and Salisbury areas, livestock grazing and manure application on agricultural lands and pasturelands, and wildlife in the forested areas of the watershed. The Coliform Routing and Allocation Program was utilized to simulate instream fecal concentrations and to allocate the fecal coliform loads to the various sources. In order for water quality standards for fecal coliform to be met in Grants Creek, a nonpoint source load reduction of 33-60 percent under dry weather conditions and 85-97 under wet weather conditions must be met. The model estimates that WWTP discharges contribute an insignificant percentage of the fecal coliform loading in the watershed. In addition, both major discharges have now been removed from Grants Creek_ Therefore, the reduction allocation focuses on the fecal coliform loading from urban sources in the Landis, China Grove and Salisbury areas and livestock grazing and manure application on agricultural lands. These calculations are the first step in reducing fecal coliform concentrations in the watershed. Many of the BMPs employed to implement the TMDL will likely help reduce habitat degradation in the watershed as well. In addition, Landis, China Grove and Salisbury are required to obtain an NPDES permit for municipal stormwater systems under the federal Phase II stormwater rules. Refer to Section A, page 37 for details. Water Quality Improvement Projects The Grants Creek watershed (03040103 010010) is one of 55 watersheds in the Yadkin -Pee Dee River basin that has been identified by the NC Wetlands Restoration Program (NCWRP) as an area with the greatest need and opportunity for stream and wetland restoration efforts. This watershed will be given higher priority than a nontargeted watershed for the implementation of NCWRP restoration projects. Refer to page 278 in Section C for details. 4.3 Status and Recommendations for Newly Impaired Waters Town Creek, a portion of Muddy Creek and High Rock Lake are rated Impaired based on recent DWQ monitoring (1996-2001). This section outlines the potential causes and sources of impairment and provides recommendations for improving water quality. Section B: Chapter 4 - Yadkin -Pee Dee River Subbasin 03-07-04 153 4.3.1 Muddy Creek (15.2 miles from Mill Creek #3 to SR 2995) Current Status The headwaters of Muddy Creek flow from Stokes County, and the stream is currently the western boundary of the City of Winston-Salem. The watershed continues to develop, particularly in the headwaters near King, Tobbccoville and Rural Hall, but also on the lower end where Clemmons and Winston-Salem meet. Some habitat degradation was observed above the confluence with Mill Creek, but the majority of water quality problems exist below this point. On the low end, the stream exhibits some recovery below the confluence with South Fork Muddy Creek; however, impacts are evident in this portion of stream as well. The middle portion of Muddy Creek is Impaired based primarily on fish community data collected in 1996 and 2001. Benthic macroinvertebrate communities in this middle reach of stream have also received bioclassifications that indicate impairment, although these communities were not sampled at this location over the most recent assessment period. Water chemistry is collected at three locations along Muddy Creek. Elevated nutrients, turbidity and fecal coliform were observed over the five-year period (1996-2001). The geometric means of fecal coliform samples collected from two stations between 1998 and 2001 and one station between 1996 and 2001 from Muddy Creek (265, 255 and 488 colonies/100m1) indicate that the stream may not be suitable for primary recreation. Fecal coliform concentrations were greater than 400 colonies/100ml in more than 20 percent of samples from each site as well. Current methodology requires additional bacteriological sampling for streams with a geometric mean greater than 200 colonies/100m1 or when concentrations exceed 400 col/100ml in more than 20 percent of samples. However, these additional assessments are prioritized such that, as monitoring resources become available, the highest priority is given to those streams where the likelihood of full -body contact recreation is greatest. Muddy Creek is not currently classified for primary, recreation (Class B). The impairment of Muddy Creek is primarily attributed to nonpoint source pollution from stormwater runoff from construction sites and developed areas. The input of heavily developed and/or Impaired tributaries also contributes: Mill, Silas, Reynolds and Salem Creeks. 2002 Recommendations Further investigation into the actual causes and sources of biological impacts to Muddy Creek is needed before specific recommendations to improve water quality can be made; however, the potential for water quality improvement for this stream is still strong. Local actions are needed to reduce sedimentation, turbidity and fecal coliform contamination and to promote the production of instream habitat by restoring riparian vegetation throughout the watershed. In addition, Forsyth County as well as King, Tobbacoville, Rural Hall, Lewisville and Clemmons are required by DWQ to obtain an NPDES permit for municipal stormwater systems under the Phase H stormwater rules. Refer to Section A, page 37 for details. Section A, Chapter 4 contains more recommendations for reducing habitat degradation from stormwater runoff. Water Quality Improvement Projects Although Muddy Creek is not one of 55 watersheds in the Yadkin -Pee Dee River basin that has been identified by the NC Wetlands Restoration Program (NCWRP) as an area with the greatest need and opportunity for stream and wetland restoration efforts, several of its tributary Section B: Chapter 4 - Yadkin -Pee Dee River Subbasin 03-07-04 154 watersheds have been selected. The Mill Creek, Silas Creek and South Fork Muddy Creek watersheds have been targeted. These watersheds will be given higher priority than nontargeted watersheds for the implementation of NCWRP restoration projects. Refer to page 278 in Section C for details. 4.3.2 Town Creek (15.4 miles from source to Crane Creek) Current Status Town Creek begins just east of Kannapolis and flows through Salisbury and East Spencer before reaching High Rock Lake. The City of Salisbury historically had a discharge from a WWTP on Town Creek. Significant improvement has been observed since the discharge was removed in 1990. However, both fish and benthic communities are Impaired in Town Creek. Habitat degradation was noted along with a few occurrences of low dissolved oxygen and elevated turbidity. The lower half of the watershed is heavily developed, and stormwater runoff is likely a major contributor to the impairment. There is one minor discharge in the headwaters which continues to be compliant with its NPDES permit. 2002 Recommendations DWQ plans to conduct further investigation into the causes and sources of the biological impairment of Town Creek during this basinwide planning cycle. DWQ will notify local agencies of water quality concerns regarding these waters and work with them to conduct further monitoring and to locate sources of water quality protection funding. In addition, Rowan County and Salisbury are required to obtain an NPDES permit for municipal stormwater systems under the Phase II stormwater rules. Refer to Section A, page 37 for details. Water Quality Improvement Projects The Town Creek watershed (03040103 010020) is one of 55 watersheds in the Yadkin -Pee Dee River basin that has been identified by the NC Wetlands Restoration Program (NCWRP) as an area with the greatest need and opportunity for stream and wetland restoration efforts. This watershed will be given higher priority than a nontargeted watershed for the implementation of NCWRP restoration projects. Refer to page 278 in Section C for details. 4.3.3 High Rock Lake (15,750 acres) 1998 Recommendations High Rock Lake was not rated Impaired during the assessment period leading up to the 1998 Yadkin -Pee Dee River basin plan. However, the lake was rated support threatened and is extensively discussed in the plan, indicating impacts to water quality that could lead to impairment. The plan focuses on problems with excessive algal growths related to high nutrient levels in the arms of the lake. Although nutrients were also high in the main body of the lake, designated uses seemed to be supported. Recommendations are for DWQ to investigate the feasibility of developing a nutrient strategy for the watershed and consider reclassifying the lake _ as Nutrient Sensitive Waters. DWQ also planned to require phosphorus limits for major discharges into the arms and urged all major dischargers in the watershed to identify ways to optimize phosphorus removal using existing capabilities. Section B: Chapter 4 - Yadkin -Pee Dee River Subbasin 03-07-04 155 Current Status Eight stations on High Rock Lake were monitored by DWQ in 1999, 2000 and 2001. This increased monitoring of High Rock Lake over the most recent assessment period has allowed DWQ to determine that the lake is Impaired. The decision is based on high levels of nutrients, combined with chlorophyll a, turbidity and percent dissolved oxygen saturation in excess of state standards. Low dissolved oxygen and high turbidity in the Abbotts Creek and Town Creek Arms are also contributing to aquatic life impairment. An extensive discussion of water quality data collected from High Rock Lake is found in Section A, Chapter 4 beginning on page 107. 2002 Recommendations The High Rock Lake watershed (map on page 279) comprises slightly more than half of the Yadkin -Pee Dee River basin. Recommendations for improving water quality in the lake are detailed in Section A, Chapter 4: Recommendations for Water Quality Issues Related to Multiple Subbasins in the Yadkin Pee Dee River Basin. The High Rock Lake part of the discussion begins on page 107. 4.4 Section 303(d) Listed Waters Currently, portions of six waters in this subbasin are listed on the state's draft 2002 303(d) list for biological impairment: Reynolds Creek, Salem Creek, Grants Creek, Town Creek and two small unnamed tnbutaries. Grants Creek and a portion of Salem Creek are also listed for fecal coliform and turbidity. A fecal coliform TMDL for Grants Creek has been developed by DWQ, and one for Salem Creek will likely be developed during this basinwide planning cycle. Refer to Appendix IV for more information on the state's 303(d) list and listing requirements. 4.5 Status and Recommendations for Waters with Notable Impacts Based on DWQ's most recent use support assessment, the surface waters discussed below are not Impaired. However, notable water quality impacts were documented. While these waters are not considered Impaired, attention and resources should be, focused on them over the next basinwide planning cycle to prevent additional degradation or facilitate water quality improvement. A discussion of how impairment is determined can be found in Appendix III. Although no action is required for these streams, voluntary implementation of BMPs is encouraged and continued monitoring is recommended. DWQ will notify local agencies and others of water quality concerns discussed below and work with them to conduct further monitoring and to locate sources of water quality protection funding. Additionally, education on local water quality issues is always a useful tool to prevent water quality problems and to promote restoration efforts. Nonpoint source agency contacts are listed in Appendix Vl. 4.5.1 Mill Creek Silas Creek Mill and Silas Creeks parallel Salem Creek in the Muddy Creek watershed. These streams are likely being impacted by stormwater runoff from the City of Winston-Salem. Mill Creek has not been sampled by DWQ, but the lower two-thirds of the watershed contain moderate road Section B: Chapter 4 - Yadkin -Pee Dee River Subbasin 03-07-04 156 coverage indicating large amounts of developed area, similar to the watershed of Silas Creek. The fish community of Silas Creek was sampled by DWQ for the first time in 2001. Severe habitat degradation was observed and the data indicated impairment. However, the stream was resampled in 2002 and received a Good -Fair bioclassification. This score is likely due to the reduction in nonpoint source pollution that accompanies an extended drought. Refer to Section A, Chapter 4 for recommendations and management strategies for reducing impacts of runoff from developed areas. The Mill Creek and Silas Creek watersheds (03040101 170020 and 170040) are two of 55 watersheds in the Yadkin -Pee Dee River basin that have been identified by the Wetlands Restoration Program as areas with the greatest need and opportunity for stream and wetland restoration efforts. These watersheds will be given higher priority than nontargeted watersheds for the implementation of NCWRP restoration projects. Refer to page 278 in Section C for details. 4.5.2 Salem Lake Kerners Mill Creek Although the most severe water quality problems in the Salem Creek watershed occur downstream of Salem Lake, habitat degradation has been observed in Kemers Mill Creek above the lake. In addition, this water supply lake exhibits signs of nutrient enrichment and a diverse assemblage of algae. The Lowery Creek arm exhibits slightly lower dissolved oxygen compared with the other two stations on Salem Lake. Local actions are needed to reduce the effects of nonpoint source pollution in the Salem Lake watershed, particularly from stormwater runoff from construction sites and developed areas. Kernersville is required to obtain an NPDES permit for municipal stormwater systems under the Phase 11 stormwater rules. Refer to page 37 of Section A, Chapter 2 for details. The Salem Creek watershed (03040101 170060) is one of 55 watersheds in the Yadkin -Pee Dee River basin that has been identified by the NC Wetlands Restoration Program (NCWRP) as an area with the greatest need and opportunity for stream and wetland restoration efforts. This watershed will be given higher priority than a nontargeted watershed for the implementation of NCWRP restoration projects. Refer to page 278 in Section C for details. 4.5.3 South Fork Muddy Creek South Fork Muddy Creek borders the City of Winston-Salem on the southeastern side. The watershed contains a mix of residential and agricultural land uses. Most of the new development is occurring in the Fiddlers Creek watershed. Substantial habitat degradation was observed during biological surveys of South Fork Muddy Creek below the confluence of Fiddlers Creek. The Good -Fair bioclassification could be due to the reduction in nonpoint source pollution that accompanies an extended drought. Local actions are needed to reduce the effects of nonpoint source pollution, particularly from stormwater runoff from construction sites and developed areas in Fiddlers Creek, but also from agricultural activities in other parts of the watershed. The South Fork Muddy Creek watershed (03040101 170070) is one of 55 watersheds in the Yadkin -Pee Dee River basin that has been identified by the NC Wetlands Restoration Program Section B: Chapter 4 - Yadkin -Pee Dee River- Subbasin 03-07-04 157 (NCWRP) as an area with the greatest need and opportunity for stream and wetland restoration efforts. This watershed will be given higher priority than a nontargeted watershed for the implementation of NCWRP restoration projects. Refer to page 278 in Section C for details. 4.5.4 Noah Potts Creek South Potts Creek North and South Potts Creeks flow south in Davidson County near Lexington into the upper reaches of High Rock Lake. The South Potts Creek watershed (larger of the two) is mostly in agriculture, with the exception of the I-85 corridor and a large rail yard on the lower end. Some historic channelization is evident, and residential development is increasing along US 29/70 between Lexington and Spencer. One NPDES permitted discharge (Davidson County Churchland Elementary) is in significant noncompliance for ammonia in the headwaters. There is already more developed area in the North Potts Creek watershed and major channelization has occurred. Two NPDES permitted discharges (Davidson County Tyro Junior High and West Davidson High) are in significant noncompliance for BOD, ammonia and chlorine. DWQ sampled North Potts Creek in 1988, but there is no recent data for either stream. DWQ will attempt to conduct a special study of these streams during the next basinwide planning cycle to determine: 1) the level of impacts associated with these land uses and discharges; and 2) the contribution of this watershed to the impairment of High Rock Lake. In addition, local actions are needed to reduce the effects of nonpoint source pollution, particularly from stormwater runoff. 4.6 Additional Water Quality Issues with Subbasin 03-07-04 The previous parts discussed water quality concerns for specific stream segments. This section discusses water quality issues related to multiple watersheds within the subbasin. Information found in this section may be related to concerns about things that threaten water quality or about plans and actions to improve water quality. 4.6.1 NPDES Discharges Twenty-two of the 40 NPDES discharges had a few permit violations over the two-year review period (September 1999 - August 2001). Nine facilities are in significant noncompliance; six are Davidson County schools. Almost every school in Davidson County is in significant noncompliance for at least one parameter. Because the facilities are scattered throughout several subbasins, these problems and the plans to correct them are discussed on page 113 of Section A, Chapter 4. Color/Tex Finishing had significant problems meeting COD, pH and total suspended solids limits in 2000. The Sowers Ferry Road WWTP (originally owned by Spencer, then bought by Salisbury) was in significant noncompliance over the entire period of review for problems meeting BOD, dissolved oxygen and total suspended solids limits. This discharge was eliminated in 2002. The Hilltop Living Center had problems meeting BOD limits over the two- year review period. Section B: Chapter 4 - Yadkin Pee Dee River Subbasin 03-07-04 158 Fifteen facilities are required to monitor effluent toxicity; three have had significant compliance problems over the previous basinwide planning cycle. The Lucent Technologies groundwater remediation facility failed four consecutive chronic toxicity tests during the period from March to June of 1999- Facility staff replaced the system's carbon filter media and optimized application of treatment chemicals to address the problem. No failures have occurred since June 1999. Noncompliances in 1999 and 2000 at the City of Salisbury's Sowers Road WWTP seemed to be associated with operational problems at the WWTP. There were no WET test failures between September 2000 and 2002 when the discharge was eliminated. The Scarlett Acres Mobile Home Park WWTP has produced sporadic failures since it began operation in 1990. Its most recent noncompliances in 2001 have been attributed to poor operation and numerous power outages. 4.6.2 Projected Population Growth The population of Rowan County is projected to increase 32 percent, Davidson County — 25 percent, and Forsyth County — 26 percent between 2000 and 2020. Much of this development is likely to occur along highway corridors (I-40, I-85, US 64 and US 29/70) and in smaller suburban municipalities like King, Kernersville, Lewisville and Clemmons. Figure B-5 presents population increases between 1990 and 2000 for selected municipalities this subbasin. 8000 7000 6000 w 5000 S o. 4000 0 z 3000 2000 1000 ,114'�~ �1 a, °a�� °�5°q Oaf S°�G c° v Figure B-5 Population Increases for Selected Subbasin 03-07-04 Municipalities (1990-2000) Growth management within the next five years will be imperative in order to improve or maintain water quality in this subbasin.. Growth management can be defined as the application of strategies and practices that help achieve sustainable development in harmony with the conservation of environmental qualities and features of an area. On a local level, growth management often involves planning and development review requirements that are designed to maintain or improve water quality. Refer to Section A, Chapter 4 for more information about minimizing impacts to water quality from development. Section B: Chapter 4 - Yadkin -Pee Dee River Subbasin 03-07-04 159 4.6.3 The South Yadkin/Yadidn River Corridor Conservation Plan The LandTrust for Central NC (LTCNC) received $7,500 from the Conservation Trust for North Carolina and the Clean Water Management Trust Fund to develop a report evaluating the conservation needs and opportunities along 24 miles of the lower South Yadkin River and a 26- mile section of the Yadkin River above High Rock Lake. This corridor incidentally included a portion of lower Grants Creek as well. The South Yadkin/Yadkin River Corridor Conservation Plan was completed in December 2001. The highest priorities for conservation identified by the plan are land between Fourth Creek and the South Yadkin River, above and including the confluence of the two streams; and land between the South Yadkin River and the Yadkin River, above and including the confluence of the two rivers. There are large tracts of land (owned by Duke Power -Progress Energy) along the Yadkin River which are in close proximity to lands that are already by LTCNC. There are also large amounts of riparian land (owned by ALCOA) along both the South Yadkin and Yadkin Rivers. These Duke Power and ALCOA lands also received high priority for protection (Merrill, December 2001). The conservation plan has been integrated into the daily efforts of LTCNC while pursuing conservation opportunities in the Yadkin -Pee Dee River basin. Page 294 of Section C contains more information about The LandTrust for Central NC. You may also visit the website for details about the many lands which LTCNC helped place in conservation ownership at httii://%vww.landtrustcnc.org/vboutiandtrust.html. Section B: Chapter 4 - Yadkin -Pee Dee River Subbasin 03-07-04 160 Section B. Chapter 12 Yadkin -Pee Dee River Subbasin 03-07-12 Includes a portion of the Rocky River, Dutch Buffalo, Irish Buffalo, Goose and Crooked Creeks �'�a`'a•�_�_..,. r"::.f.;Y,+'y•3i_`-`.:.•_.�: �.,._ u"`-'•�f'd�=,. .. _ 12.1 Water Quality Overview Subbasin 03-07-12 at a Glance Land and Water Total area: 435 miz Stream miles: 317.1 Lake acres: 722.1 Population Statistics 1990 Est. Pop.: 125,021 people Pop. Density: 288 persons/mi' The middle section of the Rocky River flows east, then south, then east again dividing this subbasin almost in half. Tributaries in the upper half include Irish Buffalo and Dutch Buffalo Creeks flowing generally south. Smaller tributaries in the lower half include Clear, Goose and Crooked Creeks flowing generally northeast. The majority of the subbasin lies within Cabarrus County, but portions of Mecklenburg, Union and Stanly counties are also encompassed. Municipalities include Kannapolis, Concord, Locust, Mint Hill, Indian Trail, Lake Park and Unionville. I Land Cover (%) I Forest/Wetland: 53.6 Surface Water: 0.6 A map including the locations of NPDES discharges and Urban: 5.0 A. water quality monitoring stations is presented in Figure B- Cultivated Crop: 8.8 13. Table B-24 contains a summary of monitoring data Pasture/ types, locations and results. Use support ratings for waters Managed Herbaceous: 32.0 in this subbasin are summarized in Table B-25. Appendix � I provides a key to discharge identification numbers. Refer to Appendix III for a complete listing of monitored waters and more information about use support ratings. This subbasin is rapidly urbanizing, and land cover and population information become outdated quickly. Land cover information compiled between 1993 and 1995 describes approximately 50 percent of the land as forested, more than 40 percent in agricultural uses, and approximately 5 percent as urban. The population in 1990 was estimated to be just over 125,000 people. Estimates of subbasin population have not yet been made for the 2000 census data; however, it is likely that population increased substantially over the ten-year period. Population is projected to increase 57 percent in Mecklenburg County, 53 percent in Cabarrus County, and 70 percent in Union County between 2000 and 2020. There are 17 NPDES permitted discharges and seven registered animal operations within this subbasin. Facilities with compliance or toxicity problems are discussed in following sections. Water quality varies substantially across this subbasin, although most waters contain some water quality impacts. The headwaters of Dutch Buffalo Creek are classified WS-II and High Quality Waters. Section B_ Chapter 12 - Yadkin -Pee Dee River Subbasin 03-07-12 224 Figure B-13 Yadidn-Pee Dee River Subbasin 03-07-12 1 Diver k N S . ki IREDELL Kannapolis t—�zLF�a All Concord 96 China Grove Landis AIF CABARRUS F -2 73 72 mouni . B-3 Y Pleasant / ; 58 ROWAN 1CHill Gold /�;H i I I STAIDLY MECKLENBURG A42 Stanfield C., 31 �N7 Miht 32 Legend Hill ✓29 Subbasin Boundary 22 a S -'Rrver QD Ambient Monitoring Station ., NS 8- SSB-9 Benthic Station SSB 3 S6121-2 B-5 Fish Community Station Matthews 94B SSB-5 14, -4—tE�G 136 Fish Tissue Station Q83.6 000 23/ XPDES Disdrarges A major SSB-12 Ta Minor SSB43 16 UNION Use Support Rating Stalling f6nionville /V. supportiry I -Z Impaired Indian Trail Not Rated is A/ No Data SAM&A NCDENR Monroe V County Boundary Planning Branch 4/",,r primary Roads Basinwide Planning Program Unit 5 0 5 Miles municiparity March 21. 2003 19� Table B-24 DWQ Monitoring Locations, Bioclassifications and Notable Chemical Parameters (1998-2002) for Yadkin -Pee Dee River Subbasin 03-07-12 Site Stream County Road Biodassification or Noted Parameter' Benthic Macroinvertebrate Community Monitoring B-1 Rocky River' Cabarrus US 601 Fair B-2 Irish Buffalo Creek' Cabarrus SR 1132 Good -Fair B-3 Coldwater Creek` Cabarrus NC 49 Good -Fair B-4 Dutch Buffalo Creek' Cabarrus NC 200 Good -Fair SSB-11 Clear Creek Mecklenburg SR 3181 Good -Fair SSB-3 Goose Creek Mecklenburg SR 1004 Good Fair SSB-4 Goose Creek Union Glamorgan Rd. Good SSB-5 Goose Creek Union SR 1524 Good -Fair SSB-6 Goose Creek Union Below Fairfield Fair SSB-7 Goose Creek Union SR 1525 Poor SSB-8 Goose Creek Union SR 1533 Fair B-5 Goose Creek' Union US 601 Poor SSB-9 Goose Creek Union SR 1547 Fair SSB-1 Stevens Creek Mecklenburg Maple Hollow Rd. Good SSB-2 UT Stevens Creek Mecklenburg Thompson Rd. Not Impaired SSB-10 Duck Creek Union US 601 Fair B-6 Crooked Creek' Union SR 1547 Good -Fair SSB-12 N. Fork Crooked Cr' Union SR 1520 Fair SSB-13 N. Fork Crooked Cr Union SR 1514 Fair Fish Community Monitoring F-1 Irish Buffalo Creek' Cabarrus SR 1132 Good F-2 Coldwater Creek' Cabarrus NC 73 Good -Fair F-3 Dutch Buffalo Creek' Cabarrus SR 2622 Good Ambient Monitoring Q8090000 Irish Buffalo Creek Cabarrus SR 1132 Turbidity, Fecal coliform Q8210000 Rocky River Cabarrus US 601 Fecal coliform Q8360000 Goose Creek Union SR 1524 Fecal coliform Yadkin Pee Dee River Basin Association Monitoring Q8200000 Coldwater Creek Cabarrus SR 1132 Fecal coliform Q8210000 Rocky River' Cabarrus US 601 None Q8340000 UT Clear Creek Mecklenburg SR 3104 Dissolved oxygen, Fecal coliform Section B_ Chapter 12 - Yadkin -Pee Dee River Subbasin 03-07-12 226 Q8342000 Clear Creek Union US 601 Dissolved oxygen, Fecal coliform Q8355000 Rocky River Cabarrus SR 1114 None Q8359000 Goose Creek Union SR 4228 Fecal coliform Q8360000 Goose Creek' Union SR 1524 Dissolved oxygen, Fecal coliform Q8385000 Rocky River Union SR 1606 Turbidity Q8386000 N. Fork Crooked Cr Union SR 1520 Dissolved oxygen, Turbidity, Fecal coliform Q8386200 N. Fork Crooked Cr Union SR 1514 Dissolved oxygen, Turbidity, Fecal coliform Q8388000 Crooked Creek Union NC 218 Turbidity Q8388900 Crooked Creek Union SR 1601 Turbidity, Fecal coliform Lakes Assessment - Kannapolis Lake Rowan 2 sites None - Lake Fisher Rowan/Cabarrus 3 sites None - Lake Concord Cabamis 3 sites Turbidity Historical data of this type are available for this waterbody; refer to Appendix II. Sites may vary. Parameters are noted if in excess of state standards in more than 10 percent of samples collected within the assessment period (9/1996-8/2001). This site duplicates a DWQ ambient monitoring station. For more detailed information on sampling and assessment of streams in this subbasin, refer to the Basinwide Assessment Report - Yadkin -Pee Dee River Basin (NCDENR-DWQ, June 2002), available from DWQ Environmental Sciences Branch at hqp://www.esb.enr.state.nc.us/bar.html or by calling (919) 733-9960. Table B-25 Use Support Ratings Summary (2002) for Monitored and Evaluated Freshwater Streams (miles) and Lakes (acres) in Yadkin -Pee Dee River Subbasin 03-07-12 Use Support Category Units Supporting Impaired Not Rated No Data Total` Aquatic Life/Secondary Recreation miles acres 94.8 0.0 33.6 0.0 1.3 697.0 187.4 25.1 317.1 722.1 Fish Consumption' miles acres 0.0 0.0 317.1 722.1 0.0 0.0 0.0 0.0 317.1 722.1 Primary Recreation miles acres 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Water Supply miles acres 38.6 234.8 j 0.0 0.0 j 0.0 0.0 j 0.0 0.0 38.6 234.8 ' Total stream miles/acres assigned to each use support category in this subbasin. Column is not additive because some stream miles are assigned to more than one category. = These waters are impaired based on fish consumption advice issued for three species of freshwater fish due to mercury contamination. Refer to page 104 of Section A for details. Section B: Chapter 12 - Yadkin -Pee Dee River Subbasin 03-07-12 227 12.2 Status and Recommendations for Previously Impaired Waters This section reviews use support and recommendations detailed in the 1998 basinwide plan, reports status of progress, gives recommendations for the next five-year cycle, and outlines current projects aimed at improving water quality for each water. The 1998 Yadkin -Pee Dee River basin plan identified four Impaired streams in this subbasin. Goose Creek, Crooked Creek, and the North and South Forks of Crooked Creek are discussed below. 12.2.1 Goose Creek (17.0 miles from source to Rocky River) 1998 Recommendations Growth pressures, problems with wastewater discharges and infrastructure, and impacts from agricultural activities are discussed in the 1998 basin for the Goose Creek watershed. Recommendations are for DWQ to conducting modeling to evaluate the assimilative capacity of Goose Creek. DWQ planned to pursue enforcement action with some NPDES permit holders for past violations of discharge permits, and chlorine limits are recommended for existing discharges. In addition, the plan recommends local actions to reduce the effects of nonpoint source pollution, particularly from stormwater runoff, and to restore riparian habitat throughout the watershed. Status of Progress In 1998, the benthic macroinvertebrate community was sampled by DWQ at 11 sites in the watershed: 1 site on Duck Creek; 2 sites on Stevens Creek; and 8 sites on Goose Creek including the regular basinwide monitoring site at US Highway 601. Five sites (63 percent) received Fair or Poor bioclassification, indicating impairment. Three sites (37 percent) received Good -Fair or Good bioclassification, indicating the community is not Impaired. Stevens Creek received one Good bioclassification near the mouth and the other site was too small to assign a bioclassification to, but it was found to be not Impaired. Duck Creek received a Fair bioclassification near US Highway 601 in the lower portion of the watershed, indicating impairment. In 2001, only the US Highway 601 site was sampled by DWQ. This site is at the lower end of the watershed, but above the confluence with Duck Creek. The site contained fairly good instream habitat and riparian vegetation overall, but the streambanks were extremely unstable in places and there were few deep pools. The benthic macroinvertebrate community received a Poor bioclassification, as it had in 1998 and 1996. The specific conductance was high and there were many indicators of organic enrichment. No fish community samples were conducted. The Goose Creek watershed contains one ambient monitoring station at SR 1524 near Mint Hill (fairly high up in the watershed). A -summary of water chemistry monitoring over a five-year period ending in 2001 revealed that all nutrient levels are elevated. Phosphorus, in particular, exceeded the evaluation level (0.05 mg/1) 93 percent of the time, reaching a maximum of 3.70 mg/l. Dissolved oxygen data commonly showed supersaturated conditions, indicating algae blooms. There are six permitted wastewater discharges in the watershed: Oxford Glen WWTP on Stevens Creek; Ashe Plantation WWTP on Duck Creek; and Fairview Elementary WWTP, Section B: Chapter 12 - Yadkin -Pee Dee River Subbasin 03-07-12 228 Fairfield Plantation WWTP, Country Woods WWTP and Hunley Creek WWTP on Goose Creek. Each of these facilities received chlorine limits (which became effective by October of 2002) during the last cycle of NPDES permit renewals, as is recommended by the 1998 basin plan. However, owner/operators of the Oxford Glen and Ashe Plantation WWTPs decided to install ultraviolet disinfection systems. Compliance reports from the most recent review period (2000- 2001) show problems with excess flow at the Fairfield Plantation and Country Woods WWTPs. No other NPDES permit violations were observed in the Goose Creek watershed. The Hunley Creek WWTP is a member of the Yadkin -Pee Dee River Basin Association, and water chemistry samples are collected through the monitoring program at two locations on Goose Creek (upstream and downstream of the facility). Dissolved oxygen was less than 5.0 mg/1 in 8.6 percent of downstream samples compared with only 1.1 percent of upstream samples. Fecal coliform concentrations were reduced by half from 988 colonies/100ml upstream to 412 colonies/100m1 downstream. (The evaluation level is 200 colonies/100ml.) The geometric means of fecal coliform samples collected from one station between 1996 and 2001 and two stations between 1998 and 2001 from Goose Creek (241, 988 and 412 colonies/100ml) indicate that the stream may not be suitable for primary recreation. In addition, fecal coliform concentrations were greater than 400 colonies/100ml in more than 20 percent of samples from each site. Goose Creek is not currently classified for primary recreation (Class B). However, the stream was historically placed on the 303(d) list for fecal coliform and a TMDL has already been developed by DWQ. Goose Creek was historically placed on the 303(d) list for fecal coliform and DWQ is currently working with Mecklenburg County to develop a TMDL. Stevens Creek and Goose Creek from its source to SR 1524 just inside Union County are currently Supporting aquatic life and secondary recreation, although impacts were evident in 1998, particularly in the headwaters of Goose Creek. Duck Creek and Goose Creek from SR 1524 to the confluence with the Rocky River are Impaired. Currently, problems with point sources are limited to inflow and infiltration problems at the Fairfield Plantation and County Woods WWTPs. Nonpoint source pollution problems are associated with stormwater runoff from construction sites and developed areas, as well as agricultural activities. 2002 Recommendations DWQ, in coordination with other natural resource agencies, will develop a site -specific management strategy for the Goose Creek watershed which provides for the maintenance and recovery of water quality conditions necessary to sustain the Carolina heelsplitter. The strategy will likely contain recommendations for point and nonpoint sources of pollution (refer to page 32 for details). Mecklenburg and Union counties, as well as Mint Hill, Indian Trail and Lake Park, are required to obtain a NPDES permit for municipal stormwater systems under the Phase H stormwater rules (refer to page 37 of Section A, Chapter 2 for details). The City of Charlotte received a NPDES permit under the federal Phase I stormwater rules. DWQ applauds Charlotte-Mecklenburg's Surface Water Improvement and Management Program (page 299 contains details) and recommends that all local governments in the Goose Creek watershed implement programs to reduce the impacts of stormwater runoff, including local riparian buffer ordinances. Section B: Chapter 12 - Yadkin -Pee Dee River Subbasin 03-07-12 229 Although much work is currently being conducted in the Goose Creek watershed by DWQ, other natural resource agencies and local governments, local actions by citizens are still needed to reduce nonpoint source pollution. Many parts of the Goose Creek watershed could benefit greatly from riparian area restoration and protection. Section A, Chapter 4 outlines general best management practices for protecting and improving water quality. In addition, an organized group of dedicated citizens can be one of the most effective tools for affecting watershed protection and preservation of quality of life in communities. Water Quality Improvement Initiatives In 1999, the NC Wildlife Resources Commission initiated a project in the Stevens Creek watershed (tributary to Goose Creek in the headwaters of Mecklenburg County) to reduce the peak flows and pollutant load carried by stormwater from residential areas, improve streambanks through stabilization and buffering, conduct community education about use of household and lawn chemicals, increase community involvement in the protection and restoration of Stevens Creek, and implement livestock exclusion to prevent direct access to the creek or its tributaries. This project was funded in part through the Clean Water Act — Section 319 Program (page 273). The Goose Creek Watershed Advisory Committee was convened in December 2000 to make recommendations to local governments, state agencies and other appropriate organizations that would protect and improve water quality and wildlife habitat in the Goose Creek watershed. The committee is comprised of stakeholders representing diverse interests in the watershed. Refer to page 290 in Section C for details about the committee and its sources of funding. Appendix V contains a summary of the recommendations. The Goose Creek watershed (03040105 030020) is one of 55 watersheds in the Yadkin -Pee Dee River basin that has been identified by the NC Wetlands Restoration Program (NCWRP) as an area with the greatest need and opportunity for stream and wetland restoration efforts. This watershed will be given higher priority than a nontargeted watershed for the implementation of NCWRP restoration projects. Refer to page 278 in Section C for details. 12.2.2 Crooked Creek (13.1 miles from source to Rocky River) 1998 Recommendations The 1998 basin plan suggests that Crooked Creek is Impaired primarily by low dissolved oxygen problems and nonpoint source pollution in the upstream watersheds of the North and South Forks. The plan recommends that DWQ collect additional data and assess assimilative capacity for oxygen -consuming wastes before any additional discharges are permitted into the watershed. Status ofProgrress In 2001, sampling of the benthic macroinvertebrate community resulted in a Good -Fair bioclassification below the Union County Grassy Branch WWTP in the lower third of the watershed. Water chemistry data revealed elevated turbidity concentrations at two locations. DWQ biologists noted good habitat in Crooked Creek; however, indicators of organic enrichment were numerous. Crooked Creek is currently rated Supporting; however, the increase in bioclassification (from Fair in 1996) could be partly due to reduced nonpoint source pollution impacts as a result of the extended drought. Section B_ Chapter 12 - Yadkin -Pee Dee River Subbasin 03-07-12 230 full -body contact recreation is greatest. North Fork Crooked Creek is not currently classified for primary recreation (Class B). 2002 Recommendations Further investigation into the causes and sources of these water quality impacts is needed before recommendations to improve water quality can be made. However, local actions to reduce the effects of noupoint source pollution, particularly from stormwater runoff as further development occurs in the Crooked Creek watershed, will be an imperative part of improving water quality. 12.2.4 South Fork Crooked Creek (13.7 miles from source to Crooked Creek) 1998 Recommendations Streamflow in the upper Crooked Creek watershed is naturally very low in the summer months and smaller tributaries often stop flowing completely. Problems with low dissolved oxygen associated with the Union County WWTP discharge were thought to be contributing to impairment at the time of the 1998 basin plan. In 1996, Union County relocated its WWTP discharge to Crooked Creek downstream and some improvement in the stream was expected in the future as a result. DWQ recommended that no discharge containing an additional loading of oxygen -consuming waste be permitted into South Fork Crooked Creek. Status o Progress Due to reduced flows during an extended drought, DWQ did not resample South Fork Crooked Creek during the most recent basinwide planning cycle and the stream is currently not rated. 2002 Recommendations As resources and stream condition allow, DWQ will sample South Fork Crooked Creek to evaluate any improvement following the relocation of the Union County WWTP discharge during the next basinwide planning cycle. 12.3 Status and Recommendations for Newly Impaired Waters A portion of the Rocky River within this subbasin was rated Impaired based on recent DWQ monitoring (1998-2001). This section outlines the potential causes and sources of impairment and provides recommendations for improving water quality. 12.3.1 Rocky River (8.5 miles from Reedy Creek to Dutch Buffalo Creek) Current Status Benthic macroinvertebrates received a Fair bioclassification at a location one mile below the Water and Sewer Authority of Cabamts County (formerly Rocky River Regional) WWTP in 2001 and 2002. Previously, this segment of river received Good -Fair bioclassifications. This decline during an extended drought indicates point source problems. However, this portion of the Rocky River was included in a field -calibrated QUALM modeling analysis which was conducted by DWQ in the mid-1990s, and the WWTP has maintained compliance with its NPDES permit. Section B: Chapter 12 - Yadkin -Pee Dee Rtver Subbasin 03-07-12 232 Low flows in the Rocky River watershed are difficult to assess. USGS 7Q10 estimates for various reaches of the river were made at different times using varying methodologies and, at the time of modeling for the Rocky River Regional WWTP permit, did not provide a clear picture of low flow conditions. The geometric mean of fecal coliform samples collected between 1996 and 2001 from this portion of the Rocky River (234 colonies/100m1) indicates that the stream may not be suitable for primary recreation. Fecal coliform concentrations were greater than 400 colonies/100ml in nearly 22 percent of samples from this site as well. Current methodology requires additional bacteriological sampling for streams with a geometric mean greater than 200 colonies/100ml or when concentrations exceed 400 coU100ml in more than 20 percent of samples. However, these additional assessments are prioritized such that, as monitoring resources become available, the highest priority is given to those streams where the likelihood of fullbody contact recreation is greatest. The Rocky River is not currently classified for primary recreation (Class B). 2002 Recommendations Further investigation into the causes and sources of these water quality impacts is needed before recommendations to improve water quality can be made. Water QualityImprovementInitiatives The Rocky River watershed is one of three priority areas in the Yadkin -Pee Dee River basin under the USDA Environmental Quality Incentives Program (EQIP). EQIP provides technical, educational and financial assistance to farmers and ranchers to address soil, water and related natural resource concerns on their lands. Refer to page 274 in Section C for details. 12.4 Section 303(d) Listed Waters Currently, portions of four waters in this subbasin are listed on the state's draft 2002 303(d) list. Goose Creek is listed for fecal coliform and biological impairment. Crooked Creek and North and South Forks Crooked Creek are listed for biological impairment. In the future, another segment of the Rocky River will likely be added to the list for biological impairment. Appendix IV contains more information on the state's 303(d) list and listing requirements. 12.5 Status and Recommendations for Waters with Notable Impacts Based on DWQ's most recent use support assessment, the surface waters discussed below are not Impaired. However, notable water quality impacts were documented. While these waters are not considered Impaired, attention and resources should be focused on them over the next basinwide planning cycle to prevent additional degradation or facilitate water quality improvement. A discussion of how impairment is determined can be found in Appendix III. Although no action is required for these streams, voluntary implementation of BMPs is encouraged and continued monitoring is recommended. DWQ will notify local agencies and others of water quality concerns discussed below and work with them to conduct further monitoring and to locate sources of water quality protection funding. Additionally, education on Section B: Chapter 12 - Yadkin -Pee Dee River Subbasin 03-07-12 233 local water quality issues is always a useful tool to prevent water quality problems and to promote restoration efforts. Nonpoint source agency contacts are listed in Appendix VI. 12.5.1 Irish Buffalo Creek Coldwater Creek Irish Buffalo Creek drains Kannapolis and Concord in northeastern Cabarrus County, and much of the watershed is developed. Water chemistry samples revealed elevated phosphorus and turbidity levels. Benthic macroinvertebrates received a Good -Fair bioclassification in 2001. However, the fish community remains diverse despite these water quality impacts. Coldwater Creek makes up a large portion of the Irish Buffalo Creek watershed. With the exception of the Lake Concord watershed which is rapidly developing, there is very little urban area in the Coldwater Creek watershed. However, a decline in bioclassification was observed at NC 73 between 1996 (Good) and 2001 (Good -Fair). At the most downstream station, instream habitat was lacking and the site also received a Good -Fair bioclassification. The geometric means of fecal coliform samples collected from Irish Buffalo Creek between 1996 and 2001 (234 colonies/100m1) and Coldwater Creek between 1998 and 2001 (290 colonies/100ml) indicate that these streams may not be suitable for primary recreation. Fecal coliform concentrations were greater than 400 colonies/100ml in more than 20 percent of samples from each site as well. Current methodology requires additional bacteriological sampling for streams with a geometric mean greater than 200 colonies/100m1 or when concentrations exceed 400 col/100ml in more than 20 percent of samples. However, these additional assessments are prioritized such that, as monitoring resources become available, the highest priority is given to those streams where the likelihood of full -body contact recreation is greatest. Neither Irish Buffalo nor Coldwater Creeks are currently classified for primary recreation (Class B). Local actions to reduce the effects of nonpoint source pollution, particularly from stormwater runoff as fiirther development occurs in the Irish Buffalo Creek watershed, will be an imperative part of protecting water quality. The Kish Buffalo Creek watershed (03040105 020040) is one of 55 watersheds in the Yadkin -Pee Dee River basin that has been identified by the NC Wetlands Restoration Program (NCWRP) as an area with the greatest need and opportunity for stream and wetland restoration efforts. This watershed will be given higher priority than a nontargeted watershed for the implementation of NCWRP restoration projects. Refer to page 278 in Section C for details. 12.5.2 Dutch Buffalo Creek The Dutch Buffalo Creek watershed in northeastern Cabarrus County is primarily agricultural, and many small headwater tributaries are dammed for farm ponds. Although the stream continued to receive a Good -Fair bioclassification, severe bank erosion and a lack of riparian vegetation was observed. Local actions are needed to reduce the effects of nonpoint source pollution, particularly from agricultural activities, and to restore habitat throughout the watershed. Refer to Section A, Chapter 4 for details about reducing habitat degradation. Section B: Chapter 12 - Yadkin -Pee Dee River Subbasin 03-07-12 234 The Dutch Buffalo Creek watershed (03040105 020060) is one of 55 watersheds in the Yadkin - Pee Dee River basin that has been identified by the NC Wetlands Restoration Program (NCWRP) as an area with the greatest need and opportunity for stream and wetland restoration efforts. This watershed will be given higher priority than a nontargeted watershed for the implementation of NCWRP restoration projects. Refer to page 278 in Section C for details. 12.6 Additional Water Quality Issues within Subbasin 03-07-12 The previous parts discussed water quality concerns for specific stream segments. This section discusses water quality issues related to multiple watersheds within the subbasin. Information found in this section may be related to concerns about things that threaten water quality or about plans and actions to improve water quality. 12.6.1 Projected Population Growth From 2000 to 2020, the estimated population increase for Mecklenburg County is 57 percent and for Cabarrus County is 53 percent. Growth management within the next five years will be imperative, especially in and around urbanizing areas and along highway corridors, in order to protect or improve water quality in this subbasin. Growth management can be defined as the application of strategies and practices that help achieve sustainable development in harmony with the conservation of environmental qualities and features of an area. On a local level, growth management often involves planning and development review requirements that are designed to maintain or improve water quality. Refer to Section A, Chapter 4 for more information about urbanization and development and recommendations to minimise impacts to water quality. 12.6.2 high Fecal Coliform Concentrations Fecal coliform bacteria are widely used as an indicator of the potential presence of pathogens typically associated with the intestinal tract of warm-blooded animals and are therefore found in their wastes. Coliform bacteria are relatively easy to identify and are usually present in larger numbers than more dangerous pathogens, even though they respond to the environment and to treatment in much the same way. Sources of fecal coliform bacteria, as well as other more dangerous pathogens, include runoff from pastures, feedlots, poultry operations and lagoons that do not employ appropriate best management practices. Other sources include straight pipes, leaking and failing septic systems, and noncompliant WWTPs. Wildlife and pet waste also contribute to elevated concentrations of pathogens. The water quality standard for fecal coliform bacteria is based on a geometric mean of 200 colonies/100m1 of five samples collected within 30 days, or 20 percent of samples having a concentration greater than 400 colonies/100ml. High levels of fecal coliform bacteria are widespread through this subbasin. Samples were collected from 13 locations on seven streams, and the geometric means for 10 locations (77 percent) were greater than 200 colonies/100ml over the five-year assessment period. These data indicate that many streams in this subbasin may not be suitable for primary recreation. Current methodology requires additional bacteriological sampling for streams with a geometric mean greater than 200 colonies/100ml. However, these additional assessments are prioritized such that, as monitoring resources become available, the Section B: Chapter 12 - Yadl-in-Pee Dee River Subbasin 03-07-12 235 highest priority is given to those streams where the likelihood of full -body contact recreation is greatest. Currently, no waters in this subbasin are classified for primary recreation (Class B). Section B: Chapter 12 - Yadkin -Pee Dee River Subbasin 03-07-12 236 Appendix Sedimentation Pollution Control Act of 1973 (SPCA) Page 1 of 11 Borth Carolina Department of Environment and Natural Resources No a a a Of ,. Land stesiwrees Home Contact Us Mission NCGov.com Sedimentation Pollution Control Act of 1973 (SPCA) (As amended through 1999) North Carolina General Statutes Chapter 113A Article 4 § 113A-50. Short title. This Article shall be known as and may be cited as the "Sedimentation Pollution Control Act of 1973." (1973, c. 392, s. 1.) § 113A-51. Preamble. The sedimentation of streams, lakes and other waters of this State constitutes a major pollution problem. Sedimentation occurs from the erosion or depositing of soil and other materials into the waters, principally frc construction sites and road maintenance. The continued development of this State will result in an intensifica 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. the purpose of this Article to provide for the creation, administration, and enforcement of a program and for tt adoption of minimal mandatory standards which will permit development of this State to continue with the lea detrimental effects from pollution by sedimentation. In recognition of the desirability of early coordination of sedimentation control planning, it is th intention of the General Assembly that preconstruction conferences be held among the affected parties, subj to the availability of staff.(1973, c. 392, s. 2; 1975, G. 647, s. 3.) § 113A-52. Definitions. As used in this Article, unless the context otherwise requires: (1) Repealed by Session Laws 1973, c. 1417, s. 1. (1 a) "Affiliate" has the same meaning as in 17 Code of Federal Regulations § 240.12(b)-2 (1 June 1993 Editi which defines "affiliate" as a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of another person. (2) "Commission" means the North Carolina Sedimentation Control Commission. (3) "Department" means the North Carolina Department of Environment and Natural Resources. (4) "District" means any Soil and Water Conservation District created pursuant to Chapter 139, North Carolin General Statutes. (5) "Erosion" means the wearing away of land surface by the action of wind, water, gravity, or any combinatic thereof. (6) "Land -disturbing activity" means any use of the land by any person in residential, industrial, educational, 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. (7) "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 this Article. (7a) "Parent" has the same meaning as in 17 Code of Federal Regulations § 240.12(b)-2 (1 June 1993 Editic which defines "parent" as an affiliate that directly, or indirectly through one or more intermediaries, controls another person. http://www.dlr.enr.state.nc.us/pages/Sedimentpoffutioncontrol.html 1/11/2005 Sedimentation Pollution Control Act of 1973 (SPCA) Page 2 of 11 (8) "Person" means any individual, partnership, firm, association, joint venture, public or private corporation, i estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. (9) "Secretary" means the Secretary of Environment and Natural Resources. (10) "Sediment" means solid particulate matter, both mineral and organic, that has been or is being transport by water, air, gravity, or ice from its site of origin. (10a) Subsidiary" has the same meaning as in 17 Code of Federal Regulations § 240.12(by2 (1 June 1993 Edition), which defines "subsidiary" as an affiliate that is directly, or indirectly through one or more intermediaries, controlled by another person. (10b) "Tract" means all contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership. (11) "Working days" means days exclusive of Saturday and Sunday during which weather conditions or soil conditions permit land -disturbing activity to be undertaken.(1973, c. 392, s. 3; c. 1417, s. 1; 1975, c. 647, s. 1; 1977, c. 771, s. 4; 1989, c. 179, s. 1; c. 727, s. 218(60); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 199 275, s. 1; 1993 (Reg. Sess., 1994), c. 776, s. 1; 1997, c. 443, s. 11A.119(a).) § 113A-52.01. Applicability of this Article. This Article shall not apply to the following land -disturbing activities: (1) Activities, including the breeding and grazing of livestock, undertaken on agricultural land for the product( plants and animals useful to man, including, but not limited to: (a) Forages and sod crops, grains and feed crops, tobacco, cotton, and peanuts. (b) Dairy animals and dairy products. (c) Poultry and poultry products. (d) Livestock, including beef cattle, llamas, sheep, swine, horses, ponies, mules, and goats. (e) Bees and apiary products. (f) Fur producing animals. (2) Activities 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. (3) Activities for which a permit is required under the Mining Act of 1971, Article 7 of Chapter 74 of the Gener Statutes. (4) For the duration of an emergency, activities essential to protect human life.(1993 (Reg. Sess., 1994), c. 7 s. 2; 1997, c. 84, s. 1.) § 113A-52.1. Forest Practice Guidelines. (a) The Department shall adopt Forest Practice Guidelines Related to Water Quality (best management practices). The adoption of Forest Practices Guidelines Related to Water Quality under this section is subject to the provisions of Chapter 150E of the General Statutes. (b) 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 Article shall apply to such activity and any related land -disturbing activity on the tract. (c) The Secretary shall establish a Technical Advisory Committee to assist in the development and periodic review of Forest Practice Guidelines Related to Water Quality. The Technical Advisory Committee shall cons one member from the forest products industry, one member who is a consulting forester, one member who is private landowner knowledgeable in forestry, one member from the United States Forest Service, one memb from the academic community who is knowledgeable in forestry, one member who is knowledgeable in erosit and sedimentation control, one member who is knowledgeable in wildlife management, one member who is knowledgeable in marine fisheries management, one member who is knowledgeable in water quality, and on member from the conservation community.(1989, c. 179, s. 2.) § 113A-53. Repealed by Session Laws 1973, c. 1262, s. 41. § 113A-54. Powers and duties of the Commission. (a) The Commission shall, in cooperation with the Secretary of Transportation and other appropriate State a federal agencies, develop, promulgate, publicize, and administer a comprehensive State erosion and sedimentation control program. http://www.dlr.enr.state.nc.us/pages/sedimentpollutioncontrol.html 1/11/2005 Sedimentation Pollution Control Act of 1973 (SPCA) Page 3 of 11 (b) The Commission shall develop and adopt and shall revise as necessary from time to time, rules and regulations for the control of erosion and sedimentation resulting from land- disturbing activities. The Commi: shall adopt or revise its rules and regulations in accordance with Chapter 150E of the General Statutes. (c) The rules and regulations adopted pursuant to G.S. 113A-54(b) for carrying out the erosion and sediment control program shall: (1) Be based upon relevant physical and developmental information concerning the watershed and drainage basins of the State, including, but not limited to, data relating to land use, soils, hydrology, geology, grading, ground cover, size of land area being disturbed, proximate water bodies and their characteristics, transportat and public facilities and services; (2) Include such survey of lands and waters as may be deemed appropriate by the Commission or required t any applicable laws to identify those areas, including multijurisdictional and watershed areas, with critical ero and sedimentation problems; and (3) Contain conservation standards for various types of soils and land uses, which standards shall include cri and alternative techniques and methods for the control of erosion and sediment resulting from land - disturbing activities. (d) In implementing the erosion and sedimentation control program, the Commission shall: (1) Assist and encourage local governments in developing erosion and sediment control programs and, as a of this assistance, the Commission shall develop a model local erosion control ordinance. -The Commission shall approve, approve as modified, or disapprove local programs submitted to it pursuant to G. 113A-60. (2) Assist and encourage other State agencies in developing erosion and sedimentation control programs to administered in their jurisdictions. The Commission shall approve, approve as modified, or disapprove programs submitted pursuant to G.S. 113A-56 and from time to time shall review these programs for complia with rules adopted by the Commission and for adequate enforcement. (3) Develop recommended methods of control of sedimentation and prepare and make available for distributi publications and other materials dealing with sedimentation control techniques appropriate for use by persons engaged in land -disturbing activities, general educational materials on erosion and sedimentation control, and instructional materials for persons involved in the enforcement of this Article and erosion control rules, ordinances, regulations, and plans. (4) Require submission of erosion control plans by those responsible for initiating land -disturbing activities foi approval prior to commencement of the activities. (e) To assist it in developing the erosion and sedimentation control program required by this Article, the Commission is authorized to appoint an advisory committee consisting of technical experts in the fields of wa resources, soil science, engineering, and landscape architecture. (f) Repealed by Session Laws 1987, c. 827, s. 10, effective August 13, 1987. (1973, c. 392, s. 5; c. 1331, S. 1417, s. 6; 1975, 2nd Sess., c. 983, s. 74; 1977, c. 464, s. 35; 1979, c. 922, s. 2; 1983 (Reg. Sess., 1984), c. 1014, ss. 1, 2; 1987, c. 827, s. 10; 1987 (Reg. Sess., 1988), c. 1000, s. 3; 1989, c. 676, s. 1; 1993 Sess., 1994), c. 776, s. 3.) § 113A-54.1. Approval of erosion control plans. (a) A draft erosion control plan must contain the applicant's address and, if the applicant is not a resident of P Carolina, designate a North Carolina agent for the purpose of receiving notice from the Commission or the Secretary of compliance or noncompliance with the plan, this Article, or any rules adopted pursuant to this Ai The Commission shall approve, approve with modifications, or disapprove a draft erosion control plan for tho land- disturbing activities for which prior plan approval is required within 30 days of receipt. The Commission shall condition approval of a draft erosion control plan upon the applicant's compliance with federal and StatE water quality laws, regulations, and rules. Failure to approve, approve with modifications, or disapprove a completed draft erosion control plan within 30 days of receipt shall be deemed approval of the plan. If the Commission disapproves a draft erosion control plan or a revised erosion control plan, it must state in writing the specific reasons that the plan was disapproved. Failure to approve, approve with modifications, or disapprove a revised erosion cc plan within 15 days of receipt shall be deemed approval of the plan. The Commission may establish an expir date for erosion control plans approved under this Article. (b) If, following commencement of a land -disturbing activity pursuant to an approved erosion control plan, the Commission determines that the plan is inadequate to meet the requirements of this Article, the Commission require any revision of the plan that is necessary to comply with this Article. Failure to approve, approve with modifications, or disapprove a revised erosion control plan within 15 days of receipt shall be deemed approval of the plan. http://www.dtr.enr.state.nc.us/pages/sedimentpollutioncontrol.html 1/11/2005 Sedimentation Pollution Control Act of 1973 (SPCA) Page 4 of 11 (c) The Commission shall disapprove an erosion control plan if implementation of the plan would result in a violation of rules adopted by the Environmental Management Commission to protect riparian buffers along surface waters. The Director of the Division of Land Resources may disapprove an erosion control plat upon finding that an applicant or a parent, subsidiary, or other affiliate of the applicant: (1) Is conducting or has conducted land -disturbing activity without an approved plan, or has received notice c violation of a plan previously approved by the Commission or a local government pursuant to this Article and has not complied with the notice within the time specified in the notice; (2) Has failed to pay a civil penalty assessed pursuant to this Article or a local ordinance adopted pursuant tc Article by the time the payment is due; (3) Has been convicted of a misdemeanor pursuant to G.S. 113A-64(b) or any criminal provision of a local ordinance adopted pursuant to this Article; or (4) Has failed to substantially comply with State rules or local ordinances and regulations adopted pursuant t( this Article. (d) In the event that an erosion control plan is disapproved by the Director pursuant to subsection (c) of this section, the Director shall state in writing the specific reasons that the plan was disapproved. The applicant n appeal the Director's disapproval of the plan to the Commission. For purposes of this subsection and subsec (c) of this section, an applicant's record may be considered for only the two years prior to the application date. (1989, c. 676, s. 2; 1993 (Reg. Sess., 1994), c. 776, s. 4; 1998, c. 221, s. 1.11(a); 1999, c. S. 1.) § 113A-54.2. Approval Fees. (a) The Commission may establish a fee schedule for the review and approval of erosion control plans under Article. In establishing the fee schedule, the Commission shall consider the administrative and personnel costs incurred by the Department for reviewing the plans and for related compliance activities. An application may not exceed fifty dollars ($50.00) per acre of disturbed land shown on an erosion control plan or of land actually disturbed during the life of the project. (b) The Sedimentation Account is established as a nonreverting account within the Department. Fees collect under this section shall be credited to the Account and shall be applied to the costs of administering this Article. (c) Repealed by Session Laws 1991 (Reg. Sess., 1992), c. 1039, s. 3, effective July 24, 1992. (d) This section may not limit the existing authority of local programs approved pursuant to this Article to ass( fees for the approval of erosion control plans. (1989 (Reg. Sess., 1990), c. 906, s. 1; 1991 (Reg. Sess., 1992), c. 1039, s. 3; 1993 (Reg. Sess., 1994), c. 776, s. 5; 1999, c. 379, S. 1.) § 113A-55. Authority of the Secretary. The sedimentation control program developed by the Commission shall be administered by the Secretary un the direction of the Commission. To this end the Secretary shall employ the necessary clerical, technical, anc administrative personnel, and assign tasks to the various divisions of the Department for the purpose of implementing this Article. The Secretary may bring enforcement actions pursuant to G.S. 113A-64 and G.S. 113A-65. The Secretary shall make final agency decisions in contested cases that arise from civil penalty assessments pursuant to G.S. 113A-64. (1973, c. 392, s. 6; c. 1417, s. 3; 1993 (Reg. Sess., 1994), c. 776, s. § 113A-56. Jurisdiction of the Commission. (a) The Commission shall have jurisdiction, to the exclusion of local governments, to adopt rules concerning disturbing activities that are: (1) Conducted by the State; (2) Conducted by the United States; (3) Conducted by persons having the power of eminent domain; (4) Conducted by local governments; or (5) Funded in whole or in part by the State or the United States. (b) The Commission may delegate the jurisdiction conferred by G.S. 113A- 56(a), in whole or in part, to any c State agency that has submitted an erosion control program to be administered by it, if such program has been approved by the Commission as being in conformity with the general State program. (c) The Commission shall have concurrent jurisdiction with local governments over all other land -disturbing activities. (1973, c. 392, s. 7; c. 1417, s. 4; 1987, c. 827, s. 130; 1987 (Reg. Sess., 1988), c. 1000, s. 4.) http://www.dir.enr.state.nc.us/pages/sedimentpoUutioncontrol.html 1/11/2005 Sedimentation Pollution Control Act of 1973 (SPCA) Page 5 of 11 § 113A-57. Mandatory standards for land -disturbing activity. No land -disturbing activity subject to this Article shall be undertaken except in accordance with the following mandatory requirements: (1) 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 zoi nearest the land -disturbing activity. Waters that have been classified as trout waters by the Environmental Management Commission shall have an undisturbed buffer zone 25 feet wide or of sufficient width to confine visible siltation within the twenty-five percent (25%) of the buffer zone nearest the land -disturbing activity, whichever is greater. Provided, however, that the Sedimentation Control Commission may approve plans wh include land -disturbing activity along trout waters when the duration of said disturbance would be temporary; the extent of said disturbance would be minimal. This subdivision shall not apply to a land -disturbing activity i connection with the construction of facilities to be located on, over, or under a lake or natural watercourse. (2) The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetati cover or other adequate erosion -control devices or structures. In any event, slopes left exposed will, within 1! working days or 30 calendar days of completion of any phase of grading, whichever period is shorter, be plar or otherwise provided with ground cover, devices, or structures sufficient to restrain erosion. (3) Whenever land -disturbing activity is undertaken on a tract comprising more than one acre, if more than or acre is uncovered, the person conducting the land- disturbing activity shall install such sedimentation and erc control devices and practices as 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 permanent ground cover sufficient to restrain erosion after completion of construction or development within a time period to be specified by rule of the Commission. (4) No person shall initiate any land -disturbing activity on a tract if more than one acre is to be uncovered unl 30 or more days prior to initiating the activity, an erosion and sedimentation con o p an for such activity is fil with the agency having jurisdiction. The agency having jurisdiction shall forward to the Director of the Divisior Water Quality a copy of each erosion and sedimentation control plan for a land -disturbing activity that involve the utilization of ditches for the purpose of de -watering or lowering the water table of the tract. (1973, c. 392, c. 1417, s. 5; 1975, c. 647, s. 2; 1979, c. 564; 1983 (Reg. Sess., 1984). c. 1014, s. 3; 1987, c. 827, s. 131; 1989, c. 676, s. 3; 1991, c. 275, s. 2; 1998, c. 99, s. 1.; 1999, c. 379, s. 1.) § 113A-58. Enforcement authority of the Commission. In implementing the provisions of this Article the Commission is authorized and directed to: (1) Inspect or cause to be inspected the sites of land -disturbing activities to determine whether applicable fay regulations or erosion control plans are being complied with; (2) Make requests, or delegate to the Secretary authority to make requests, of the Attorney General or solicit for prosecutions of violations of this Article. (1973, c. 392, s. 9.) § 113A-59. Educational activities. The Commission in conjunction with the soil and water conservation districts, the North Carolina Agricultural Extension Service, and other appropriate State and federal agencies shall conduct educational programs in erosion and sedimentation control, such programs to be directed towards State and local governmental officials, persons engaged in land -disturbing activities, and interested citizen groups. (1973, c. 392, s. 10.) § 113A-60. Local erosion control programs. (a) Any local government may submit to the Commission for its approval an erosion and sediment control program for its jurisdiction, and to this end local governments are authorized to adopt ordinances and regulat necessary to establish and enforce erosion and sediment control programs. Local governments are authorize create or designate agencies or subdivisions of local government to administer and enforce the programs. Ar ordinance adopted by a local government shall at least meet and may exceed the minimum requirements of 1 Article and the rules adopted pursuant to this Article. Two or more units of local government are authorized t( establish a joint program and to enter into any agreements that are necessary for the proper administration a httt)://www.dlr.enr.state.nc.us/pages/sedimentpollutioncontrol.htmt 1/11/2005 Sedimentation Pollution Control Act of 1973 (SPCA) Page 6 of 11 enforcement of the program. The resolutions establishing any joint program must be duly recorded in the minutes of the governir ^ body of each unit of local government participating in the program, and a certified copy of each resolution mL J be filed with the Commission. (b) The Commission shall review each program submitted and within 90 days of receipt thereof shall notify th local government submitting the program that it has been approved, approved with modifications, or disapprc The Commission shall only approve a program upon determining that its standards equal or exceed those of Article and rules adopted pursuant to this Article. (c) If the Commission determines that any local government is failing to administer or enforce an approved erosion and sediment control program, it shall notify the local government in writing and shall specify the deficiencies of administration and enforcement. If the local government has not taken corrective action within days of receipt of notification from the Commission, the Commission shall assume enforcement of the progra until such time as the local government indicates its willingness and ability to resume administration and enforcement of the program. (1973, c. 392, s. 11; 1993 (Reg. Sess., 1994), c. 776, s. 7.) § 113A-61. Local approval of erosion control plans. (a) For those land -disturbing activities for which prior approval of an erosion control plan is required, the Commission may require that a local government that administers an erosion and sediment control program approved under G.S. 113A-60 require the applicant to submit a copy of the erosion control plan to the appropriate soil and water conservation district or districts at the same time the applicant submits the erosion control plan to the local government for approval. The soil and water conservation district or districts shall re% the plan and submit any comments and recommendations to the local government within 20 days after the soil and water conservatio district received the erosion control plan or within any shorter period of time as may be agreed upon by the si and water conservation district and the local government. Failure of a soil and water conservation district to submit comments and recommendations within 20 days or within agreed upon shorter period of time shall no delay final action on the proposed plan by the local government. (b) Local governments shall review each erosion control plan submitted to them and within 30 days of receipt thereof shall notify the person submitting the plan that it has been approved, approved with modifications, or disapproved. A local govemment shall only approve a plan upon determining that it complies with all applicat State and local regulations for erosion and sediment control. (b1) A local government shall condition approval of a draft erosion control plan upon the applicant's complian with federal and State water quality laws, regulations, and rules. A local government shall disapprove an ero., control plan if implementation of the plan would result in a violation of rules adopted by the Environmental Management Commission to protect riparian buffers along surface waters. A local government may disappro an erosion control plan upon finding that an applicant or a parent, subsidiary, or other affiliate of the applican (1) Is conducting or has conducted land -disturbing activity without an approved plan, or has received notice c violation of a plan previously approved by the Commission or a local government pursuant to this Article and has not complied with the notice within the time specified in the notice; (2) Has failed to pay a civil penalty assessed pursuant to this Article or a local ordinance adopted pursuant tc Article by the time the payment is due; (3) Has been convicted of a misdemeanor pursuant to G.S. 113A-64(b) or any criminal provision of a local ordinance adopted pursuant to this Article; or (4) Has failed to substantially comply with State rules or local ordinances and regulations adopted pursuant t this Article. (b2) In the event that an erosion control plan is disapproved by a local government pursuant to subsection (b this section, the local government shall so notify the Director of the Division of Land Resources within 10 day such disapproval. The local government shall advise the applicant and the Director in writing as to the specifi reasons that the plan was disapproved. Notwithstanding the provisions of subsection (c) of this section, the applicant may appeal the local government's disapproval of the plan directly to the Commission. For purpose this subsection and subsection (b1) of this section, an applicant's record may be considered for only the two years prior to the application date. (c) The disapproval or modification of any proposed erosion control plan by a local government shall entitle tt person submitting the plan to a public hearing if such person submits written demand for a hearing within 15 after receipt of written notice of the disapproval or modification. The hearings shall be conducted pursuant to procedures adopted by the local government. If the local government upholds the disapproval or modificatior proposed erosion control plan following the public hearing, the person submitting the erosion control plan st entitled to appeal the local govemment's action disapproving or modifying the plan to the Commission. The Commission, by regulation, shall direct the Secretary to appoint such employees of the Department as may I: http://www.dlr.enr.state.nc.us/pages/sedirnentpoUutioncontrol.html 1/11/2005 Sedimentation Pollution Control Act of 1973 (SPCA) Page 7 of 11 necessary to hear appeals from the disapproval or modification of erosion control plans by local govemment: addition to providing for the appeal of local government decisions disapproving or modifying erosion control F to designated employees of the Department, the Commission shall designate an erosion control plan review committee consisting of three members of the Commission. The person submitting the erosion control plan n appeal the decision of an employee of the Department who has heard an appeal of a local government actioi disapproving or modifying an erosion control plan to the erosion plan review committee of the Commission. Judicial review of the final action of the erosion plan review committee of the Commission may be had in the superior court of the county in which the local government is situated. (d) Repealed by Session Laws 1989, c 676, s. 4, effective October 1, 1989. (1973, c. 392, s. 12; 1979, c. 922, s. 1; 1989, c. 676, s. 4; 1993 (Reg. Sess., 1994), c. 776, ss. 8, 9; 19 c. 221, s. 1.11(b); 1999, c. 379, s. 1.) § 113A-61.1. Inspection of land -disturbing activity; notice of violation. (a) The Commission, a local government that administers an erosion and sediment control program approve( under G.S. 113A-60, or other approving authority shall provide for inspection of land -disturbing activities to ensure compliance with this Article and to determine whether the measures required in an erosion control pie are effective in controlling erosion and sediment resulting from the land -disturbing activity. Notice of this right inspection shall be included in the certificate of approval of each erosion control plan. (b) No person shall willfully resist, delay, or obstruct an authorized representative of the Commission, an authorized representative of a local government, or an employee or an agent of the Department while the representative, employee, or agent is inspecting or attempting to inspect a land -disturbing activity under this section.(() If the Secretary, a local government that administers an erosion and sediment control program approved under G.S. 113A-60, or other approving authority determines that the person engaged in the land - disturbing activity has failed to comply with this Article, the Secretary, local government, or other approving authority shall immediately serve a notice of violation upon that person. The notice may be served by any means authorized under G.S. 1A-1, F 4. A notice of violation shall specify a date by which the person must comply with this Article and inform the person of the actions that need to be taken to comply with this Article. Any person who fails to comply within time specified is subject to additional civil and criminal penalties for a continuing violation as provided in G.S. 113A-64. (1989, c. 676, s. 5; 1993 (Reg. Sess., 1994), c. 776, s. 10; 1999, c. 379, s. 1.) § 113A-62. Cooperation with the United States. The Commission is authorized to cooperate and enter into agreements with any agency of the United States government in connection with plans for erosion control with respect to land- disturbing activities on lands the are under the jurisdiction of such agency. (1973, c. 392, s. 13.) § 113A-63. Financial and other assistance. The Commission and local governments are authorized to receive from federal, State, and other public and private sources financial, technical, and other assistance for use in accomplishing the purposes of this Article (1973, c. 392, s. 14.) § 113A-64. Penalties. (a) Civil Penalties. - (1) Any person who violates any of the provisions of this Article or any ordinance, rule, or order adopted or is pursuant to this Article by the Commission or by a local government, or who initiates or continues a land - disturbing activity for which an erosion control plan is required except in accordance with the terms, conditior and provisions of an approved plan, is subject to a civil penalty. The maximum civil penalty for a violation is fi thousand dollars ($5,000). A civil penalty may be assessed from the date of the violation. Each day of a continuing violation shall constitute a separate violation. (2) The Secretary or a local government that administers an erosion and sediment control program approved under G.S. 113A-60 shall determine the amount of the civil penalty and shall notify the person who is assess the civil penalty of the amount of the penalty and the reason for assessing the penalty. The notice of assessr shall be served by any means authorized under G.S. 1A-1, Rule 4, and shall direct the violator to either pay t assessment or contest the assessment within 30 days by filing a petition for a contested case under Article 3 Chapter 150B of the General Statutes. If a violator does not pay a civil penalty assessed by the Secretary wit httu://www.dlr.enr.state.nc.us/pages/sedimentpollutioncontrol.html 1/11/2005 Sedimentation Pollution Control Act of 1973 (SPCA) Page 8 of 11 30 days after it is due, the Department shall request the Attorney General to institute a civil action to recover amount of the assessment. If a violator does not pay a civil penalty assessed by a local government within 3( days after it is due, the local government may institute a civil action to recover the amount of the assessment The civil action may be brought in the superior court of any county where the violation occurred or the violato residence or principal place of business is located. A civil action must be filed within three years of the date t! assessment was due. An assessment that is not contested is due when the violator is served with a notice of assessment. An assessment that is contested is due at the conclusion of the administrative and judicial revie of the assessment. (3) In determining the amount of the penalty, the Secretary shall consider the degree and extent of harm cau by the violation, the cost of rectifying the damage, the amount of money the violator saved by noncompliance whether the violation was committed willfully and the prior record of the violator in complying or failing to com with this Article. (4) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 776, s. 11, effective October 1, 1994. (5) The clear proceeds of civil penalties collected by the Department or other State agency under this subset shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. Civil penalties collected by a local government under this subsection shall be credited to the general fund of the local government as nontax revenue. (b) Criminal Penalties. — Any person who knowingly or willfully violates any provision of this Article or any ordinance, rule, regulation, or order duly adopted or issued by the Commission or a local government, or whc knowingly or willfully initiates or continues a land- disturbing activity for which an erosion control plan is requi except in accordance with the terms, conditions, and provisions of an approved plan, shall be guilty of a Clas misdemeanor which may include a fine not to exceed five thousand dollars ($5,000). (1973, c. 392, s. 15; 19' c. 852; 1987, c. 246, s. 3; 1987 (Reg. Sess., 1988), c. 1000, s. 5; 1989, c. 676, s. 6; 1991, c. 412, s. 2; c. 72E 5; 1993, c. 539, s. 873; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 776, s. 11; 1998-215, s. 1999, c. 379, S. 1.) § 113A-64.1. Restoration of areas affected by failure to comply. The Secretary or a local government that administers a local erosion and sediment control program approve( under G.S. 113A-60 may require a person who engaged in a land -disturbing activity and failed to retain sedir generated by the activity, as required by G.S. 113A-57(3), to restore the waters and land affected by the failu so as to minimize the detrimental effects of the resulting pollution by sedimentation. This authority is in additis any other civil or criminal penalty or injunctive relief authorized under this Article. (1993 (Reg. Sess., 1994), c 776, s. 12.) § 113A-65. Injunctive relief. (a) Violation of State Program. — Whenever the Secretary has reasonable cause to believe that any person is violating or is threatening to violate the requirements of this Article he may, either before or after the institutio any other action or proceeding authorized by this Article, institute a civil action for injunctive relief to restrain i violation or threatened violation. The action shall be brought in the superior court of the county in which the violation or threatened violation is occurring or about to occur, and shall be in the name of the State upon the relation of the Secretary. (b) Violation of Local Program. — Whenever the governing body of a local government having jurisdiction has reasonable cause to believe that any person is violating or is threatening to violate any ordinance, rule, regulation, or order adopted or issued by the local government pursuant to this Article, or any term, condition provision of an erosion control plan over which it has jurisdiction, may, either before or after the institution of other action or proceeding authorized by this Article, institute a civil action in the name of the local govemme for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the superior court of the county in which the violation is occurring or is threatened. (c) Abatement, etc., 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 tha restoration is performed, or to prevent the threatened violation. The institution of an action for injunctive relief under subsections (a) or (b) of this section shall not relieve any party to the proceeding from any civil or crimi penalty prescribed for violations of this Article. (1973, c. 392, s. 16; 1993 (Reg. Sess., 1994), c. 776, s. 13.) § 113A-65.1. Stop -work orders. httD://www.dlr.enr.state.nc.us/pages/sedimentpollutioncontrol.html 1/11/2005 Sedimentation Pollution Control Act of 1973 (SPCA) Page 9 of 11 (a) The Secretary may issue a stop -work order if he finds that a land -disturbing activity is being conducted in violation of this Article or of any rule adopted or order issued pursuant to this Article, that the violation is knowing and willful, and that either: (1) Off -site sedimentation has eliminated or severely degraded a use in a lake or natural watercourse or that degradation is imminent. (2) Off -site sedimentation has caused severe damage to adjacent land or that such damage is imminent. (3) The land -disturbing activity is being conducted without an approved plan. (b) The stop -work order shall be in writing and shall state what work is to be stopped and what measures are required to abate the violation. The order shall include a statement of the findings made by the Secretary pursuant to subsection (a) of this section, and shall list the conditions under which work that has been stoppE the order may be resumed. The delivery of equipment and materials which does not contribute to the violation may continue while the stop- work order is in effect. A copy of this section shall be attached to the o (c) The stop -work order shall be served by the sheriff of the county in which the land- disturbing activity is bei conducted or by some other person duly authorized by law to serve process as provided by G.S. 1A-1, Rule 4, and shall be served on the person at the site of the land -disturbing activity who is in operational contr the land -disturbing activity. The sheriff or other person duly authorized by law to serve process shall post a c, of the stop- work order in a conspicuous place at the site of the land -disturbing activity. The Department shal also deliver a copy of the stop -work order to any person that the Department has reason to believe may be responsible for the violation. (d) The directives of a stop -work order become effective upon service of the order. Thereafter, any person notified of the stop -work order who violates any of the directives set out in the order may be assessed a civil penalty as provided in G.S. 113A 64(a). A stop -work order issued pursuant to this section may be issued for period not to exceed five days. (e) The Secretary shall designate an employee of the Department to monitor compliance with the stop -work order. The name of the employee so designated shall be included in the stop- work order. The employee so designated, or the Secretary, shall rescind the stop -work order if all the violations for which the stop -work ord are issued are corrected, no other violations have occurred, and all measures necessary to abate the violatic have been taken. The Secretary shall rescind a stop -work order that is issued in error. (f) The issuance of a stop -work order shall be a final agency decisionsubject to judicial review in the same manner as an order in a contested case pursuant to Article 4 of Chapter 150E of the General Statutes. The petition for judicial review shall be filed in the superior court of the county in which the land -disturbing activity being conducted. (g) As used in this section, days are computed as provided in G.S. 1A-1, Rule 6. Except as otherwise providE the Secretary may delegate any power or duty under this section to the Director of the Division of Land Resources of the Department or to any person who has supervisory authority over the Director. The Director delegate any power or duty so delegated only to a person who is designated as acting Director. (h) The Attorney General shall file a cause of action to abate the violations which resulted in the issuance of; stop -work order within two days of the service of the stop -work order. The cause of action shall include a mot for an ex parte temporary restraining order to abate the violation and to effect necessary remedial measures. resident superior court judge, or any judge assigned to hear the motion for the temporary restraining order, s hear and determine the motion within two days of the filing of the complaint. The clerk of superior court shall accept complaints filed pursuant to this section without the payment of filing fees. Filing fees shall be paid to clerk of superior court within 30 days of the filing of the complaint. (1991, c. 412, s. 1; 1998, c. 99, s. 2.) § 113A-66. Civil relief. (a) Any person injured by a violation of this Article or any ordinance, rule, or order duly adopted by the Secre or a local government, or by the initiation or continuation of a land- disturbing activity for which an erosion coi plan is required other than in accordance with the terms, conditions, and provisions of an approved plan, ma, bring a civil action against the person alleged to be in violation (including the State and any local govemmeni The action may seek: (1) Injunctive relief; (2) An order enforcing the law, rule, ordinance, order, or erosion control plan violated; or (3) Damages caused by the violation; or (4) Both damages and an enforcement order. If the amount of actual damages as found by the court or jury it suits brought under this subsection is five thousand dollars ($5,000) or less, the plaintiff shall be awarded costs of litigation including reasonable attorneys fees and expert witness fees. (b) Civil actions under this section shall be brought in the superior court of the county in which the alleged violations occurred. �,,f,.•ii.t..,,.s. Air Pnr ctatP no 11¢/tIAOP.C/CP.dimentnollutloncontrol.htmI 1/11/2005 Sedimentation Pollution Control Act of 1973 (SPCA) Page 10 of 11 (c) The court, in issuing any final order in any action brought pursuant to this section may award costs of litig; (including reasonable attorney and expert -witness fees) to any party, whenever it determines that such an av is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require, the filing of a bond or equivalent security, the amount of such bond or security to be determined by the court. (d) Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek injunctive or other relief. (1973, c. 392, s. 17; 1987 (Reg. Sess., 1988), c. 100 6.) SEDIMENTATION CONTROL COMMISSION § 14313-298. Sedimentation Control Commission - creation; powers and duties. There is hereby created the Sedimentation Control Commission of the Department of Environment, Health, a Natural Resources with the power and duty to develop and administer a sedimentation control program as he provided. The Sedimentation Control Commission has the following powers and duties: (1) In cooperation with the Secretary of the Department of Transportation and Highway Safety and other appropriate State and federal agencies, develop, promulgate, publicize, and administer a comprehensive StE erosion and sedimentation control program. (2) Develop and adopt on or before July 1, 1974, rules and regulations for the control of erosion and sedimentation pursuant to G.S. 113A-54. (3) Conduct public hearings pursuant to G.S. 113A-54. (4) Assist local governments in developing erosion ar sedimentation control programs pursuant to G.S. 113A-60. (5) Assist and encourage other State agencies in developing erosion and sedimentation control programs pursuant to G.S. 113A-56. (6) Develop recommended methods of control of sedimentation and prepare and make available for distributi publications and other materials dealing with sedimentation control techniques pursuant to G.S. 113A-54. (1973, c. 1262, s. 39; 1977, c. 771, s. 4; 1989, c. 727, s. 218(137).) § 14313-299. Sedimentation Control Commission - members;selection; compensation; meetings. (a) Creation; Membership. — There is hereby created in the Department of Environment, Health, and Natural Resources the North Carolina Sedimentation Control Commission, which is charged with the duty of developing and administering the sedimentation control program provided for in this Article. The Commission shall consist of the following members: (1) A person to be nominated jointly by the boards of the North Carolina League of Municipalities and the Noi Carolina Association of County Commissioners; (2) A person to be nominated by the Board of the North Carolina Home Builders Association; (3) A person to be nominated by the Carolinas Branch, Associated General Contractors of America; (4) The president, vice-president, or general counsel of a North Carolina public utility company; (5) The Director of the North Carolina Water Resources Research Institute; (6) A member of the State Mining Commission who shall be a representative of nongovernmental conservati( interests, as required by G.S. 74-38(b); (7) A member of the State Soil and Water Conservation Commission; (8) A member of the Environmental Management Commission; (9) A soil scientist from the faculty of North Carolina State University; (10) Two persons who shall be representatives of nongovernmental conservation interests; and (11) A professional engineer registered under the provisions of Chapter 89C of the General Statutes nominal by the Professional Engineers of North Carolina, Inc. (b) Appointment. — The Commission members shall be appointed by the Governor. All Commission member except the person filling position number five, as specified above, shall serve staggered terms of office of thn years and until their successors are appointed and duly qualified. The person filling position number five shal serve as a member of the Commission, subject to removal by the Governor as hereinafter specified in this section, so long as he continues as Director of the Water Resources Research Institute. The terms of office c members filling positions two, four, seven, and eight shall expire on 30 June of years evenly divisible by thre, The terms of office of members filling positions one, three, and ten shall expire on 30 June of years that foll one year those years that are evenly divisible by three. The terms of office of members filling positions six, ni and eleven shall expire on 30 June of years that precede by one year those years that are evenly divisible by httn://www.dlr.enr.state.nc.us/pages/sedimentpollutioncontrol.html 1/11/2005 Sedimentation Pollution Control Act of 1973 (SPCA) Page 11 of 11 three. Except for the person filling position number five, no member of the Commission shall serve more thar complete consecutive three-year terms. Any member appointed by the Governor to fill a vacancy occurring it of the appointments shall be appointed for the remainder of the term of the member causing the vacancy. Th Governor may at any time remove any member of the Commission for inefficiency, neglect of duty, malfeasa misfeasance, nonfeasance or, in the case of members filling positions five, six, seven, eight, nine, and elevet specified above, because they no longer possess the required qualifications for membership. In each instance appointments to fill vacancies in membership of the Commission shall be a person or persons with similar experience and qualifications in the same field required of the member being replaced. The office of the North Carolina Sedimentation Control Commission is declared to be an office that may be held concurrently with any other elective or appointive office, under the authority of Article VI, Sec. 9, of the North Carolina Constitution. (b1) Chairman. — The Governor shall designate a member of the Commission to serve as chairman. (c) Compensation. — The members of the Commission shall receive the usual and customary per diem allow• for the other members of boards and commissions of the State and as fixed in the Biennial Appropriation Act and, in addition, the members of the Commission shall receive subsistence and travel expenses according tc prevailing State practice and as allowed and fixed by statute for such purposes, which said travel expenses also be allowed while going to or from any place of meeting or when on official business for the Commission. per diem payments made to each member of the Commission shall include necessary time spent in traveling and from their places of residence within the State to any place of meeting or while traveling on official busing for the Commission. (d) Meetings of Commission. — The Commission shall meet at the call of the chairman and shall hold special meetings at the call of a majority of the members. (1973, c. 1262, s. 40; 1977, c. 771, s. 4; 1981, c. 248, ss. 1, 2; 1989, c. 727, s. 218(138); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1991, c. 551, s. 1.) BUILDING PERMITS In 1988, the General Assembly amended G.S. 153A-357 and 160A-417 regarding building permits. The amendments were as follows: G.S. 153-357(b): "No permit shall be issued pursuant to subsection (a) for any land -disturbing activity, as def in G.S. 113A-52(6), for any activity covered by G.S. 113A-57, unless an erosion control plan has been appra by the Sedimentation Pollution Control Commission pursuant to G.S. 113A-54(d)(4) or by a local govemmeni pursuant to G.S. 113A-61 for the site of the activity or a tract of land including the site of the activity." G.S. 160A-417(b): "No permit shall be issued pursuant to subsection (a) for any land -disturbing activity, as defined in G.S. 113A-52(6), for any activity covered by G.S. 113A-57, unless an erosion control plan has bee approved by the Sedimentation Pollution Control Commission pursuant to G.S. 113A 61 for the site of the ac or a tract of land including the site of the activity." North Carolina Division of Land Resources - 1612 Mail Service Center., Raleigh, NC 27699-1612 919-733-3833 Disclaim httn-//www.dh'.enr.state.nc.us/pages/sedimentpollutioncontrol.html 1/11/2005 Appendix E United States Office of Water EPA 832-F-99-010 Environmental Protection Washington, D.C. September 1999 Agency vEPA Storm Water Management Fact Sheet Employee Training DESCRIPTION In-house employee training programs are established to teach employees about storm water management, potential sources of contaminants, and Best Management Practices (BMPs). Employee training programs should instill all personnel with a thorough understanding of their Storm Water Pollution Prevention Plan (SWPPP), including BMPs, processes and materials they are working with, safety hazards, practices for preventing discharges, and procedures for responding quickly and properly to toxic and hazardous material incidents. APPLICABILITY Typically, most industrial facilities have employee training programs. Usually these address such areas as health and safety training and fire protection. Training on storm water management and BMPs can be incorporated into these programs. Employees can be taught through 1) posters, employee meetings, courses, and bulletin boards about storm water management, potential contaminant sources, and prevention of contamination in surface water runoff, and 2) field training programs that show areas ofpotential storm water contamination and associated pollutants, followed by a discussion of site -specific BMPs by trained personnel. ADVANTAGES AND DISADVANTAGES Advantages of an employee training program are that the program can be a low-cost and easily implementable storm water management BMP. The program can be standardized and repeated as necessary, both to train new employees and to keep its objectives fresh in the minds of more senior employees. A training program is also flexible and can be adapted as a facility's storm water management needs change over time. Obstacles to an employee training program include: • Lack of commitment from senior management. • Lack of employee motivation. • Lack of incentive to become involved in BMP implementation. KEY PROGRAM COMPONENTS Specific design criteria for implementing an employee training program include: • Ensuring strong commitment and periodic input from senior management. • Communicating frequently to ensure adequate understanding of SWPPP goals and objectives. • Utilizing experience from past spills to prevent future spills. • Making employees aware of BMP monitoring and spill reporting procedures. • Developing operating manuals and standard procedures. • Implementing spill drills. IMPLEMENTATION An employee training program should be an on -going, yearly process. Meetings about SWPPPs should be held at least annually, possibly in conjunction with other training programs. Figure 1 illustrates a sample employee training worksheet. Worksheets such as these can be used to plan and track employee training programs. Program performance depends on employees' participation and on senior management's commitment to reducing point and nonpoint sources of pollution; therefore, performance will vary among facilities. To be effective these programs need senior management's support COSTS Costs for implementing an employee training program are highly variable. Most storm water training program costs will be directly related to labor and associated overhead costs. Trainers can reduce costs by using free educational materials available on the subject of storm water quality. Figure 2 can be used to estimate the annual costs for an in-house training program. Table 1 provides an example of how this worksheet can be used to estimate annual costs. REFERENCES 1. U.S. EPA, 1979. NPDES BMP Guidance Document. 2. U.S. EPA, Pre-print, 1992. Stormwater Management for Industrial Activities: DevelopingPollution Prevention Plans and Best ManagementPractices. EPA832-R-92- 006. ADDITIONAL INFORMATION Center for Watershed Protection Tom Schueler 8391 Main Street Ellicott City, MD 21043 City of Coral Gables, Florida Tim Clark 285 Aragon Avenue Coral Gables, FL 33134 Hillsborough County, Florida Jose Rodriguez Hillsborough County Public Works 601 East Kennedy Boulevard Tampa, FL 33601 King County, Washington Dave Hancock Department of Natural Resources, Water and Land Resources Division, Drainage Services Section 700 5`h Avenue, Suite 2200 Seattle, WA 98104 Mitchell Training, Inc. Barbara Mitchell 5414 SW 177' Street Archer, FL 32618 Southeastern Wisconsin Regional Planning Commission Bob Biebel 916 N. East Avenue, P.O. Box 1607 Waukesha, WI 53187 The mention of trade names or commercial products does not constitute endorsement or recommendation for the use by the U.S. Environmental Protection Agency. EMPLOYEE TRAINING Worksheet Completed by: Title: Date: Instructions: Describe the employee training program for your facility below. The program should, at a minimum, address spill prevention and response, good housekeeping, and material management practices. Provide a schedule for the training program and list the employees who attend the training sessions. Training Topics Brief Description of Training Program/Materials (e.g., film, newsletter, course) Schedule for Training (list dates) Participants Spill Prevention and Response Good Housekeeping Material Management Practices Other Topics Source: U. S. EVA, I99Z. FIGURE 1 SAMPLE WORKSHEET FOR TRACKING EMPLOYEE TRAINING TABLE 1 EXAMPLE OF ANNUAL EMPLOYEE TRAINING COSTS Title Number Average Overhead* Estimated Estimated Annual Hourly Multiplier Yearly Hours Cost ($) Rate ($) on SW Training Stormwater 1 x 15 x 2.0 x 20 = 600 Engineer Plant Management 5 x 20 x 2.0 x 10 = 2,000 Plant Employees 100 x 10 x 2.0 x 5 = 10,000 Total Estimated Annual Cost $12,600 *Note: Defined as a multiplier (typically ranging between 1 and 3) that takes into account those costs associated with costs other than salary of employing a person, expenses, etc Title Number Average Overhead Estimated Estimated Hourly Multiplier Yearly Hours on Annual Cost Rate ($) SW Training ($) x x x = (A) x x x = (B) x x x = (C) x x x = (D) Total Estimated Annual Cost (Sum of A+g+C+D) Source: U.S. EPA, 1992. FIGURE 2 SAMPLE ANNUAL TRAINING COST WORKSHEET For more information contact: Municipal Technology Branch U.S. EPA Mail Code 4204 401 M St., S.W. Washington, D.C., 20460 0MTB MUNICIPAL TECHNOLOGY BRANCH Appendix it United States Office of Water 832-F-99-005 Environmental Protection Washington, D.C. September 1999 Agency vEPA Storm Water Management Fact Sheet Record Keeping DESCRIPTION All original strip chart recordings for continuous monitoring equipment. Keeping records of spills, leaks, and other discharges can help a facility run more efficiently and cleanly. Records of past spills contain useful information for improving Best Management Practices (BMPs) to prevent future spills. Typical items that should be recorded include the results of routine inspections, and reported spills, leaks, or other discharges. Records should include: The date, exact place, and time of material inventories, site inspections, sampling observations, etc. Names of inspector(s) and sampler(s). Analytical information, including the date(s) and time(s) analyses were performed or initiated, the analysts' names, analytical techniques or methods used, analytical results, and quality assurance/quality control results of such analyses. The date, time, exact location, and a complete characterization of significant observations, including spills or leaks. Notes indicating the reasons for any exceptions to standard record keeping procedures. All calibration and maintenance records of instruments used in storm water monitoring. Records of any non storm water discharges. Figure 1 shows a sample worksheet for tracking spills and leaks. Record keeping is usually coordinated with internal reporting and other BMPs, and is often integrated into the development of a facility's Storm Water Pollution Prevention Plan (SWPPP) as part of the facility's NPDES storm water discharge permit. APPLICABILITY Records keeping is a basic business practice and is applicable to all facilities. If a separate record keeping system for tracking BMPs, monitoring results, etc., is not currently in place at a facility, existing record keeping structures can be easily adapted to incorporate this data. An ideal tool for implementation is the record keeping procedures laid out in an SWPPP. ADVANTAGES AND DISADVANTAGES Record keeping is a simple, easily implemented, and cost effective management tool. Complete, well - organized records can help ensure proper maintenance of facilities and equipment and can aid in determining the causes of spills and leaks; thus, record keeping can protect water quality by helping to prevent future leaks and spills. Limitations of a record keeping system may including the following: • Records must be updated regularly. • Personnel completing and maintaining records must be trained to update records correctly. • The records need to be readily accessible. • Records containing any confidential information must be secured. RVIPLEMENTATION The key to maintaining records is continual updating. Ensure that new information, such as analytical results, is added to existing inspection records or spill reports as it becomes available. In addition, update records if there are changes to the number and location of discharge points, principal products, or raw material storage procedures. Maintain records for least five years from the date of sample observation, measurement, or spill report. Some simple techniques used to accurately document and report results include: • Field notebooks. • Timed and dated photographs. • Videotapes. • Drawings and maps. • Computer spreadsheets and database programs. COSTS Costs are those associated with staff hours used to develop and implement a record keeping system, costs for analyzing samples, and company overhead costs. Figure 2 is a sample worksheet that can be used to determine annual record keeping costs. Table 1 is an example of a completed record keeping costs sheet. REFERENCES 1. California Environmental Protection Agency, August 17, 1992. Staff Proposal for Modification to Water Quality Order No. 91-13 DWQ Waste Discharge Requirements for Dischargers of Storm Water Associated with Industrial Activities, Draft Wording, Monitoring Program and Reporting Requirements. 2. U.S. EPA, 1981. NPDES BAP Guidance Document. 3. U.S. EPA, Pre-print, 1992. Storm Water Management for Industrial Activities: DevelopingPollution Prevention Plans and Best Management Practices. EPA 832-R- 92-006. ADDITIONAL INFORMATION Center for Watershed Protection Tom Schueler 8391 Main Street Ellicott City, MD 21043 Northern Virginia Planning District Commission David Bulova 7535 Little River Turnpike, Suite 100 Annandale, VA 22003 Oklahoma Department of Environmental Quality Don Mooney Water Quality Division, Storm Water Unit P.O. Box 1677 Oklahoma City, OK 73101-1677 Southeastem Wisconsin Regional Planning Commission Bob Biebel 916 N. East Avenue, P.O. Box 1607 Waukesha, WI 53187 United States Postal Service Charles Vidich 6 Griffin Road North Windsor, CT 06006-7030 The mention of trade names or commercial products does not constitute endorsement orrecommendation for the use by the U.S. Environmental Protection Agency. a) 0 O C c C Q Y Y co� caf ca a) 7 7 T 7 ca a) ♦+ C ca caW ca y 6 m m > a7 co > > > �A n IL Q IL U 420 vL- o cn w m la X 'O 4) (D C _ O m O m m O cn U a) O m Z W U)Z m ul m lL m Zmm W,W 0 LL c � m gW€ >� - '§ 2 as m U U)F-ln� r v, a a. �- aT W W m m y .-. O 'C O C 0 O O la m ca C13 N I a1 7> 74 m mCL N m � Q. t Q U) 0 _ O V w 0 Cca C �i .�+ N L W � W W m 2 .S] a3 4, O m (D r N p 0 4; p m C oY C p OY f� g _ (Q ca — n Q b m m m C CEI C 0 C cl C co fn `•= as Ci Ci C7 y W J c -op o� o� o We 0 ca � m rL c, m W Z N c F CoF>- r a CL y Vl J oi E U)t °- co ca V �°E ll5¢¢� v W X C 2 (D Z aj w — C rn N J�o N N UJ co Q ca O U) U 3m J m ca Y J W W Y J N W Y LL ca Z o v n a) > O (Yj � _ LL cn to O U) yr U) J OD m m Na o� Ca oa �a o E E a 0 6 0 0 U) Title Quantity Average Overhead Estimated Estimated Annual Cost($) Hourly Multiplier Yearly Hours on Rate ($) SW Training x x x = (A) x x x = (B) x x x = (C) x x x = (D) Total Estimated Annual Reporting Cost (Sum of A+B+C+D) Source: U.S. EPA, 1992. FIGURE 2 SAMPLE ANNUAL RECORD KEEPING COST WORKSHEET TABLE 1 EXAMPLE OF ANNUAL RECORD KEEPING COSTS Title Quantity Average Overhead* Estimated Yearly Estimated Annual Hourly Multiplier Hours on SW Cost ($) Rate ($) Training Storm Water 1 x 15 x 2.0 x 20 = 600 Engineer Plant 5 x 20 x 2.0 x 10 = 2,000 Management Plant 100 x 10 x 2.0 x 5 = 10,000 Employees Total Estimated Annual Cost: $12,600 'Note: Defined as a multiplier (typically ranging between 1 and 3) that takes into account those costs associated with payroll expenses, etc Source: U.S. EPA, 1992. For more information contact: Municipal Technology Branch U.S. EPA Mail Code 4204 401 M St., S.W. Washington, D.C., 20460 9OMTB Scaffm ntech" , MUNICIPAL TECHNOLOGY BRAN H Appendix G United States Office of Water EPA 832-F-99-021 Environmental Protection Washington, D.C. September 1999 Agency 0EPA storm Water Management Fact sheet Materials Inventory DESCRIPTION A materials inventory system involves the identification of all sources and quantities of "Significant" materials that may be exposed to direct precipitation or storm water runoff at a particular site. "Significant" materials are substances related to industrial activities such as process chemicals, raw materials, fuels, pesticides, and fertilizers. When these substances are exposed to direct precipitation or storm water runoff, they may be carried to a receiving water body. Therefore, identification of these materials helps to determine sources of potential contamination and is the first step in pollution control. APPLICABILITY A materials inventory system is appropriate at most industrial facilities. Inventory of exposed materials should be part of a baseline administrative program and is directly related to both record keeping and visual inspection Best Management Practices. ADVANTAGES AND DISADVANTAGES Since the program is intended to prevent pollution before it occurs, it is not possible to quantify water quality benefits to receiving waters of a materials inventory program. However, it is anticipated that an effective materials inventory program will improve the quality of storm water discharges. Limitations of a materials inventory system include: • It is an on -going process that continually needs updating. • Qualified personnel are required to perform the materials inventory from a storm water perspective. KEY PROGRAM COMPONENTS Most facilities already have in place a materials inventory system, but this system is not generally followed from a storm water contamination viewpoint. Adding storm water considerations into an existing inventory should require only minimal effort. When discussing a material inventory it is very important to be aware of Material Safety Data Sheets (MSDS). Currently the United States Government has created a Hazard Communication standard, which requires all firms manufacturing and/or distributing chemicals within the United States to prepare MSDSs for those chemicals and distribute them to their customers. Keeping an up-to-date inventory of all materials (hazardous and non -hazardous) on the site will help to track how materials are stored and handled on site, and identify which materials and activities pose the greatest risk to the environment. The following instructions explain the basic steps in completing a materials inventory: Identify all chemical substances present in the work place. Walk through the facility and review the purchase orders for the previous year. List all chemical substances used in the work place and then obtain the material safety data sheet (MSDS) for each. • Label all containers to show the name and type of substance, stock number, expiration date, health hazards, suggestions for handling, and first aid information. This information is found on the MSDS. Unlabeled chemicals and chemicals with deteriorated labels are often disposed of improperly or unnecessarily. • Clearly mark on the inventory those hazardous materials that require specific handling, storage, use, and disposal considerations. An example Materials Inventory Worksheet is provided in Figure 1. Based on your materials inventory, describe the significant materials that were exposed to storm water during the past three years or are currently exposed. Other BMPs should then be evaluated and implemented to prevent exposure of these materials to storm water or them before discharge. Figure 2 illustrates a sample worksheet for evaluating exposed materials. IMPLEMENTATION The key to a proper materials inventory system is continual updating of records. Maintaining an up-to-date materials inventory is an efficient way to identify what materials are handled on -site and whether they contribute to storm water contamination problems. COSTS Typically, the major cost of implementing a materials inventory system is the time required to adapt an existing program to emphasize storm water quality. The incremental cost is usually small. Costs of the program are often offset by cost savings in other areas. Improved material tracking and inventory practices, such as instituting a shelf life program, can reduce the waste resulting from the overstocking and disposal of outdated materials. Careful tracking of all materials ordered may also result in more efficient materials use. Worksheet Completed by: MATERIAL INVENTORY Title: Date: Instructions: List all materials used, stored, or produced on site. Assess and evaluate these materials for their potential to contribute pollutants to storm water runoff. Also complete Worksheet 3A if the material has been exposed during the last three years. Quantity (units) Past Significant Spill or Leak Quantity Likelihood exposed of contact Material Purpose / Location Used Produced Stored during last 3 years with storm water. If yes, Yes No describe reason Source: U. S. EPA, 1992. FIGURE 1 SAMPLE MATERIAL INVENTORY DESCRIPTION OF EXPOSED SIGNIFICANT MATERIAL Worksheet Completed by: Title: Date: Instructions: Based on your material inventory, describe the significant materials that were exposed to storm water during the past three years or are currently exposed. For the definition of "significant materials" see Appendix B of the manual. Description of Exposed Significant Material Period of Exposure Quantity Exposed (units) Location (as indicated on the site map) Method of Storage or Disposal (e.g., pile, drum, tank) Description of Material Management Practice (e.g., pile covered, drum sealed) Source: U. S. EPA, 1992. FIGURE 2 EXPOSED MATERIAL WORKSHEET REFERENCES 1. U.S. EPA, 1992. NPDES Best Management Practices Guidance Document. 2. U.S. EPA, 1992. Stormwater Management for Industrial Activities: Developing Pollution Prevention Plans and Best Management Practices. EPA 832-R-92- 006. ADDITIONAL INFORMATION Center for Watershed Protection Tom Schueler 8391 Main Street Ellicott City, MD 21043 Northern Virginia Planning District Commission David Bulova 7535 Little River Turnpike, Suite 100 Annandale, VA 22003 Oklahoma Department of Environmental Quality Don Mooney Water Quality Division, Storm Water Unit P.O. Box 1677 Oklahoma City, OK 73101-1677 Southeastern Wis. Regional Planning Commission Bob Biebel 916 N. East Avenue, P.O. Box 1607 Waukesha, WI 53187 United States Postal Service Charles Vidich 6 Griffin Road North Windsor, CT 06006-7030 The mention oftrade names or commercial products does not constitute endorsement or recommendation for the use by the U.S. Environmental Protection Agency. For more information contact: Municipal Technology Branch U.S. EPA Mail Code 4204 401 M St., S.W. Washington, D.C., 20460 IMTB E "I'M e h mrytYr— f %VjO apfhul t!t N saiR6M MUNICIPAL TECHNOLOGY BRAN H United States Office of Water 832-F-99-004 Environmental Protection Washington, D.C. September 1999 Agency 1 GoEP/� Storm Water O&M Fact Sheet Preventive Maintenance DESCRIPTION Preventive maintenance involves the regular inspection, testing, and replacement or repair of equipment and operational systems. As a storm water best management practice (BMP), preventive maintenance should be used to monitor systems built to control storm water. These systems should be inspected to uncover cracks, leaks, and other conditions that could cause breakdowns or failures of storm water mitigation structures and equipment, which, in turn, could result in discharges of chemicals to surface waters either by direct overland flow or through storm drainage systems. A preventive maintenance program can prevent breakdowns and failures through adjustment, repair, or replacement of equipment before a major breakdown or failure occurs. Typically, a preventive maintenance program should include inspections of catch basins, storm water detention areas, and water quality treatment systems. Without adequate maintenance, sediment and debris can quickly clog storm drainage facilities and render them useless. APPLICABILITY Preventive maintenance procedures and activities are applicable to almost all industrial facilities. This concept should be a part of a general good housekeeping program designed to maintain a clean and orderly work environment. Often the most effective first step towards preventing storm water pollution from industrial sites is to improve the facility's preventive maintenance and general good housekeeping methods. For many facilities, preventive maintenance to protect water quality is simply an extension of current plant preventive maintenance programs. Most plants already have preventive maintenance programs that provide some degree of environmental protection. Such programs could be expanded to include storm water considerations. ADVANTAGES AND DISADVANTAGES Preventive maintenance takes a proactive approach to storm water management and seeks to prevent problems before they occur. A preventive maintenance program can improve water quality by controlling pollutant discharges to surface water that would result from spills and leaks. Preventive maintenance programs can also save a facility money by reducing the likelihood of having a system breakdown and also by reducing the likelihood of funding costly cleanup projects. In addition, a preventive maintenance program can be an effective community relations tool. The primary limitations of implementing a preventive maintenance program include: Cost. Availability of trained preventive maintenance staff technicians. Management direction and staff motivation in expanding the preventive maintenance program to include storm water considerations. KEY PROGRAM COMPONENTS Elements of a good preventive maintenance program should include the following: • Identification of equipment or systems that may malfunction and cause spills or leaks, or may otherwise contaminate storm water runoff. Typical equipment to be inspected inspected includes pipes, pumps, storage tanks and bins, pressure vessels, pressure release valves, process and material handling equipment, and storm water management devices. • Establishment of schedules and procedures for routine inspections. • Periodic testing of plant equipment for structural soundness. • Prompt repair or replacement of defective equipment found during inspection and testing. • Maintenance of a supply of spare parts for equipment that needs frequent repairs. • Use of an organized record -keeping system to schedule tests and document inspections. • Commitment to ensure that records are complete and detailed, and that they record test results and follow-up actions. Preventive maintenance inspection records should be kept with other visual inspection records. IMPLEMENTATION The key to properly implementing and tracking a preventive maintenance program is through the continual updating ofmaintenance records. Update records immediately after performing preventive maintenance or repairing an item and review them annually to evaluate the overall effectiveness of the program. Then refine the preventive maintenance procedures as necessary. No quantitative data on the effectiveness of preventive maintenance as a BMP is available. However, it is intuitively clear that an effective preventive maintenance program will result in improved storm water discharge quality. COSTS The major cost of implementing a preventive maintenance program on storm water quality is the staff time required to administer the program. Typically, this is a small incremental increase if a preventive maintenance program already exists at the facility. REFERENCES 1. U.S. EPA, June, 1981. NPDES Best ManagementPractice GruidanceDocument. 2. U.S. EPA, Pre-print, July 1992. Storm Water Management for Industrial Activities: DevelopingPollution Prevention Plans and Best Management Practices. EPA 832-R-92-006. 3. Washington State Department of Ecology, February 1992. Storm Water Management Manual for Puget Sound. ADDITIONAL INFORMATION Center for Watershed Protection Tom Schueler 8391 Main Street Ellicott City, MD 21043 Northern Virginia Planning District Commission David Bulova 7535 Little River Turnpike, Suite 100 Annandale, VA 22003 Oklahoma Department of Environmental Quality Don Mooney Water Quality Division, Storm Water Unit P.O. BOX 1677 Oklahoma City, OK 73101-1677 Southeastern Wisconsin Regional Planning Commission Bob Biebel 916 N. East Avenue, P.O. Box 1607 Waukesha, WI 53187 United States Postal Service Charles Vidich 6 Griffin Road North Windsor, CT 06006-7030 The mention of trade names or commercial products does not constitute endorsement or recommendation for the use by the U.S. Environmental Protection Agency. For more information contact: Municipal Technology Branch U.S. EPA Mail Code 4204 401 M St., S.W. Washington, D.C., 20460 oMTB E nee fn coffqLwce gwoughoptkM" sokfikm MUNICIPAL TECHNOLOGY BRAN H Appendix United States Office of Water EPA 832-F-99-071 Environmental Protection Washington, D.C. September 1999 Agency 480E116% Storm Water Management Fact Sheet Spill Prevention Planning DESCRIPTION Spill prevention is prudent both economically and environmentally, because spills increase operating costs and lower productivity. An important tool in preventing spills is a Spill Prevention Plan. A Spill Prevention Plan specifies materials handling procedures and storage requirements and identifies spill cleanup procedures for areas and processes in which spills may potentially occur. The plan standardizes process operating procedures and employee training in an effort to minimise accidental pollutant releases that could contaminate storm water runoff. Spill prevention should be part of a comprehensive Best Management Practice program to prevent runoff contamination. This program should also include storm water contamination assessment, flow diversion, record keeping, internal reporting, employee training, and preventive maintenance. Typically, most businesses and public agencies that generate hazardous waste and/or produce, transport, or store petroleum products are required by State and federal law to prepare spill control and cleanup plans. Therefore, a Spill Prevention and Response Plan may have already been developed as a result of other environmental regulatory requirements. Existing plans should be re-evaluated and revised to address storm water management issues. APPLICABILITY A Spill Prevention Plan is applicable to facilities that transport, transfer, and/or store hazardous materials, petroleum products, or fertilizers that can contaminate storm water runoff. An important part of an effective Spill Prevention Plan is establishing a method for quick notification of the appropriate emergency response teams in the event of a spill. In some plants, each area or process may have a separate team leader and/or response team. Figure 1 illustrates a sample spill prevention team roster that can help in quick identification of Spill Prevention team leaders and their responsibilities. ADVANTAGES AND DISADVANTAGES The advantages of an effective Spill Prevention Plan include reducing storm water contamination and maintaining the water quality of the receiving water. Spill Prevention Plans are often good ways of standardizing procedures and employee training to decrease the likelihood of spills. Spill Prevention Planning can be limited by the following: Lack of employee motivation to implement the plan. Lack of commitment from senior management. Key individuals identified in the Spill Prevention Plan may not be properly trained in the areas of spill prevention, response, and cleanup. KEY PROGRAM COMPONENTS Before preparing a Spill Prevention Plan, a facility should do the following: Worksheet POLLUTION PREVENTION TEAM Completed by: Title: MEMBER ROSTER Date: Leader: Title: Office Phone: Responsibilities: Members: (1) Title: Office Phone: Responsibilities: (2) Title: Office Phone: Responsibilities: (3) Title: Office Phone: Responsibilities: Source: EPA, 1992. FIGURE 1 SAMPLE SPILL PREVENTION TEAM ROSTER Conduct a materials inventory throughout Identify non -storm water discharges and the facility. non -approved connections to storm water. Evaluate past spills and leaks. Collect and evaluate storm water. Summarize the findings of this assessment. Once these tasks have been accomplished, the facility should prepare its Spill Prevention Plan. The plan should include: A description of the facility, including the owner's name and address, the nature of the facility activity, and the general types of chemicals used in the facility. A site plan showing the locations of chemical storage areas, storm drains, tributary drainage areas with drainage arrows, all surface water bodies on or next to the site, and any devices to stop spills from leaving the site (i.e., collection basins). Spill prevention devices should also have a description written on the map. Table 1 contains a list of features that should be indicated on the site map. Notification procedures to be used in the event of a spill. These should include phone numbers of key personnel and appropriate regulatory agencies, such as local Pollution Control Agencies and the local Sewer Authority. Specific instructions regarding cleanup procedures. A single designated person who has overall responsibility for spill response. Key personnel should be trained in the use of this plan, and all employees should have basic knowledge of spill control procedures. A summary of the plan should be written and posted at appropriate points in the building (i.e., meeting rooms, cafeteria, and areas with a high spill potential). The summary should identify the spill cleanup coordinators, location of cleanup kits, and phone numbers of regulatory agencies to be contacted in the event of a spill. Implementing the Spill Prevention Plan should include the following: Spill cleanups should begin immediately. No emulsifier or dispersant should be used. In fueling areas, absorbent should be packaged in small bags for convenient use and small drums should be available for storage. Absorbent materials should not be washed down the floor drain or into the storm sewer. Emergency spill containment and cleanup kits should be located at the facility site. The contents of the kit should be appropriate to the type and quantities of chemical or goods stored at the facility. Some structural methods to consider when developing a Spill Prevention Plan include: Containment dildng--Containment dikes are temporary or permanent earth or concrete berms or retaining walls that are designed to hold spills. Diking can be used at any industrial facility, but is most common for controlling large spills or releases from liquid storage and transfer areas. Diking can provide one of the best protective measures against the contamination of storm water because it surrounds the area of concern and keeps spilled materials separated from the storm water outside of the diked area. Curbing —Similar to containment diking, a curb is a barrier that surrounds an area of concern. Unlike diking, curbing is unable to contain large spills and is usually implemented on a small-scale basis. However, curbing is common at many facilities and in small areas where liquids are handled and transferred. Collection basins --Collection basins are permanent structures in which large spills or contaminated storm water is contained and stored before cleanup or treatment. Collection basins are designed to receive spills, leaks, etc., and to prevent pollutants from being released into the environment. Unlike containment dikes, collection basins can receive and contain materials from many locations across a facility. TABLE 1 CRITERIA FOR DESIGNING A SITE MAP Worksheet Completed by: DEVELOPING A SITE MAP I Title: Date: Instructions: Draw a map of your site including a footprint of all buildings, structures, paved areas, and I oarkina lots. The information below describes additional elements. • All outfalls and storm water discharges • Drainage areas of each storm water outfall • Structural storm water pollution control measures, such as: -Flow diversion structures -Retention/detention ponds -Vegetative swales • Name of receiving waters (or if through a Municipal Separate Sewer System) • Locations of past spills and leaks • Locations of high -risk, waste -generating areas and activities common sites such as: -Fueling stations -Vehicle/equipment washing and maintenance areas -Area for unloading/loading materials -Above-ground tanks for liquid storage -Industrial waste management areas (landfills, waste piles, treatment plants, disposal areas) -Outside storage areas for raw materials, by-products, and finished products -Outside manufacturing areas -Other areas of concern (specify: Source: EPA, 1992. In addition to preventing the release of the substance to surface waters, any spilled substances must be cleaned up and disposed to protect plant personnel from potential health and fire hazards. Methods of cleanup, recovery, treatment, or disposal include: • Physical. Physical methods for the cleanup of dry chemicals include the use of brooms, shovels, sweepers, or plows. • Mechanical. Mechanical methods include the use of vacuum cleaning systems and pumps. • Chemical. Chemical cleanups of material can be achieved with the use of sorbents, gels, and foams. Sorbents are compounds that immobilize materials by surface absorption or adsorption in the sorbent bulk. Gelling agents interact with the spilled chemical(s) by concentrating and congealing to form a rigid or viscous material more conducive to a mechanical cleanup. Foams are mixtures of air and aqueous solutions of proteins and surfactant -based foaming agents. The primary purpose of foams is to reduce the vapor concentration above the spill surface, thereby controlling the rate of evaporation. IMPLEMENTATION Past experience has shown that the biggest obstacle to an effective Spill Prevention Plan is its implementation. Qualitatively, implementation of a well prepared Spill Prevention Plan should significantly decrease contamination of storm water runoff. A facility Spill Prevention Plan should be reviewed at least annually and following any spills to evaluate the Spill Prevention Plan's level of success and how it can be improved. The plan should also be reviewed when a new material is introduced to any of the facility's processes. COSTS If a facility already has a Spill Control and Cleanup Plan in place, modification to address storm water contamination concerns will require minimal cost. If a facility will be developing a Spill Prevention Plan for the first time, the initial cost will depend on the type of material at the facility, the facility size, and other related parameters. Costs for structural containment devices will also need to be identified for each facility. REFERENCES 1. U.S. EPA, 1992. Storm Water Management for Industrial Activities: Developing Pollution Prevention Plans and Best Management Practices. EPA 832-R- 92-006. 2. Washington State Department of Ecology, 1992. Storm Water Management Manual for Puget Sound. ADDITIONAL INFORMATION Blymeyer Engineers, Inc. Danielle Ormsty 1829 Clement Avenue Alameda, CA 94501 EMPE, Inc. Bill Basham 220 Athens Way Plaza I, Suite 410 Nashville, TN 37228 Environmental Management and Training, LLC. Normand Wei 7294 Vista Bonita Drive Las Vegas, NV 89129 City of Fort Lauderdale Jeff Halsey 218 SW 1" Avenue Fort Lauderdale, FL 33301 State of Illinois Jorge Patino, Storm Water Engineer 1021 North Grand Avenue East P.O. Box 19276 Springfield, IL 62702 United States Postal Service Charles Vidich 6 Griffin Road North Windsor, CT 06006-7030 The mention oftrade names or commercial products does not constitute endorsement orrecommendation for the use by the U.S. Environmental Protection Agency. For more information contact: Municipal Technology Branch U.S. EPA Mail Code 4204 401 M St., S.W. 1MTB wamwmpCme m qAhW MUNICIPAL TECHNOLOGY BRAN H Appendix OUTFALL RECONNAISSANCE INVENTORY/ SAMPLE COLLECTION FIELD SHEET Co..F:n 1 • IQ nM, rnnn`l iloiu 12 Subwatershed: Outfall ID: Today's date: Time (Military): Investigators: Form completed by: Temperature ff ): Rainfall (in_): Last 24 hours: Last 48 hours: Latitutde: Longitude: GPS Unit: GPS LMK #: Camera: Photo #s: Land Use in Drainage Area (Check all that apply): ❑ Industrial ❑ Ultra -Urban Residential ❑ Suburban Residential ❑ Commercial ❑ Open Space ❑ Institutional Other. Known Industries: Notes (e.g.., origin of outfall, if known): �u LOCATION L u MATERIAL SHAPE DIMENSIONS (IN.) SUBMERGED ❑ RCP ❑ CMP ❑ Circular ❑ Single Diameter/Dimensions: In Water. ❑ No ❑ PVC ❑ HDPE ❑ Eliptical ❑ Double ❑ Partially ❑ Fully ❑ Closed Pipe ❑ Steel ❑ Box ❑ Triple With Sediment: ❑ Other. ❑ Other. ❑ Other. ❑ No ❑ Partially ❑ Fully ❑ Concrete ❑ Trapezoid Depth: ❑ Earthen ElOpen drainage ❑ Parabolic Top Width: ❑ rip -rap ❑ 0then Bottom Width: ❑ Other. ❑ In -Stream (applicable when collecting samples) Flow Present? ❑ Yes ❑ No If No, Skip to Section 5 Flow Description ❑ Trickle ❑ Moderate ❑ Substantial (If present) Section 3: Ouantitative Characterization FIELD DATA FOR FLOWING OUTFALLS PARAMETER RESULT UNIT EQUIPMENT Volume Liter Bottle ❑Flow #1 Time to fill Sec Flow depth In Tape measure Flow width Ft, In Tape measure ❑Flow #2 Measured length Ft, In Tape measure Time of travel S Stop watch Temperature °F Thermometer pH pH Units Test strip/Probe Ammonia mg/L Test strip 7�? z W g U ) 00 0 (1 O ❑❑ ❑ O ❑ ❑ aQi a c VI C ❑ ol bba El 1ILL 0 a � W U ❑ c a ui O ❑ ❑❑ ❑ C vi ❑ o [{ U ?_ k Ov) o W q ❑❑❑❑❑❑❑ 0 W F. PL 3 O H C s w ❑ ❑ ❑ ❑ ❑ O W q = V 1-4 0 O C m a�q o j 4 c z O A a a w PL Q a 0 O p 0 M 4-i O N N 3 0 0 Cd U �0 G 0 N 93 O U 0 co El .-. H 2 (d Uy 'D 0 s 0 O0� q JJ O O 0 cU A. 1 dt c U a � y 0 4 o ❑ Appendix J Appendix K BACKGROUND INFORMATION Permit Number SW100700 State or NPDES Stormwater Permit Number (s) issued to the permittee: Permittee Information SW100020 Name of Public Entity Seeking Permit Coverage SW100060 Jurisdictional Area (square miles) SW100070 Population Permanent SW100080 Population Seasonal (if available) MS4 System Information SW100120 Storm Sewer Service Area (square miles) SW100130 River Basin(s) SW 100150 Estimated percentage of jurisdictional area containing the following four land use activities SW 100160 Residential SW 100170 Commercial SW 100180 Industrial SW 100190 Open Space SW100210 Do you have an inventory of storm water inlets, pipes, ditches, and open channels? SW 100220 Do you know how many outfalls your city discharges to and where they are located? Existing Local Water Qualtiy Programs Complete a table for each river basin within the MS4 service area. The web sites and resource contacts listed below under Information Sources will help you locate the information you need. " List the primary streams that receive storrnwater runoff from the MS4. For each identify: SW100280 River Basin SW 100290 Receiving Stream Name SW 100300 Stream Segment SW 100310 Water Quality Classification NC River Basins: http://h2o.enr.state.nc.us/basinwide/whichbasin.htm Stream Classifications: http://h2o.enr.state.nc.us/csu/swcfag.html SW100340 Local Nutrient Sensitive Waters Strategy? Yes/No SW100350 Local Water Supply Watershed Program? Yes/No SW100360 Delegated Erosion and Sediment Control Program? Yes/No SW100370 CAMA Land Use Plan? Yes/No Reliance on another entity perform one or more of your permit obligations SW100580 Do rely on another entity perform one or more of your permit obligations? SW 100590 If yes, identify for each entity: SW 100600 Name of Entity SW100610 Element they will implement SW 100620 Contact Person SW 100630 Contact Address SW100640 Contact Telephone Number SW100650 Are legal agreements in place to establish responsibilities? Co -Permit Information (Complete this section only if co -permitting) SW 100500 Do you co -permit with a permitted entity? SW 100510 If so, provide the name of that entity: SW 100550 Other Entity SW100560 Have legal agreements been finalized between the co-permittees? Contact Information Provide the following information for the person/position that will be responsible for day to day implementation and oversight of the stormwater program. SW 100940 Name SW 100950 Title SW 100960 Street Address SW 100970 PO Box SW 100980 City SW 100990 State SW 101000 Zip SW 101010 Telephone SW 101020 Fax SW 101030 E-Mail Website Information SW 101040 °Permittee's Website° BMPs SW 101060 Do you plan to add any new BMPs? SW101070 Do you plan to amend any existing BMPs? SW101080 If yes, please provide a BMP description, measurable goal, and implementation schedule for each new or amended BMP. If further space is needed, attach additional sheets. Contract Information SW 101630 Does the Stormwater Management Program identify contract operations (i.e., Transit Authorities, Pesticide Application, Construction Projects, Street Washing, Maintenance of right -a -ways, GIS Mapping, Monitoring, Stream Restorations, Litter or Solid Waste Pickup, Recycling, Household Waste)? Ordinance, Legal or Regulatory Authority SW 107050 Has the permittee established necessary Legal or Regulatory Authority for the following: SW 107060 Illicit Discharge Detection & Elimination SW 107070 Erosion & Sediment Control SW 107080 Post -Development Stormwater Management SW107090 Stormwater Ordinance SW107100 Unified Development Ordinance SW107110 Flood Damage Protection Ordinance SW 107120 Other. SW 107130 Other: SW 107140 Other: Staff and Capital Improvement Projects SW 106980 The number of staffed stormwater management position(s). SW 106990 The number of new stormwater management position(s) created or staffed for the reporting year. SW107000 Total annual budget (excluding Capital Improvement Projects) for the NPDES stormwater management program for the reporting year. SW 107010 The number of Capital Improvement Projects planned. SW 107020 The number of Capital Improvement Projects active. SW 107030 The number of Capital Improvement Projects completed. SW 107040 Total annual budget for Capital Improvement Projects for the reporting year. Organizational Chart SW 101490 Does the Stormwater Management Program provide an organizational chart that shows where the responsible parties fit into the structure of the permittee's organization? CONSTRUCTION SITE STORMWATER RUNOFF CONTROL Erosion and Sediment Control Program SW104200 Does the permittee rely on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure for private development? (If no, go to SW 104220) If the permittee relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure for private development, than the NCDENR Division of Land Resources Erosion and Sediment Control Program effectively meets the requirements of the Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. SW 104220 Does the permittee rely on rely on a locally delegated program to meet the minimum measure for private development requirements? (If no, go to SW104300) SW 104230 If the permittee relies on a local government to comply with this minimum measure, does the permittee conduct random inspections of local land disturbing activities that have a sediment and erosion control permit, issued by local government? SW 104250 If the permittee relies on a local government to comply with this minimum measure, does the permittee report sites that are not in compliance with their sediment and erosion control permits to the local government? SW 104260 If the permittee relies on a local government to comply with this minimum measure, does the permittee report unresolved concerns to the local government? SW 104270 If the permittee relies on a local government to comply with this minimum measure, does the permittee maintain a record of unresolved concerns reported to the local government? SW104300 Does the permittee have a delegated program to meet the requirements of an Erosion and Sediment Control Program for private development? (If no go to SW104450) SW104310 Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? SW104320 Does the Stormwater Management Program describe the mechanism (ordinance or other regulatory mechanism) the permittee will use to require erosion and sediment controls at construction sites and why the permittee chose that mechanism? SW104330 If permittee needs to develop this mechanism, the permittee's plan should describe the plan and a schedule to do so. SW104340 Does the Permittee conduct site plan review(s), including the review of pre -construction site plans, which incorporate consideration of potential water quality impacts? SW 104350 The Stormwater Management Program must describe procedures and the rationale for how permittee will identify certain sites for site plan review, if not all plans are reviewed and describe the estimated number and percentage of sites that will have pre -construction site plans reviewed. SW104360 Does the Stormwater Management Program describe the permittee's plan to ensure compliance with the permittee's erosion and sediment control regulatory mechanism, including the sanctions and enforcement mechanisms permittee will use to ensure compliance? 4 SW 104370 The Stormwater Management Program must describe the permittee's procedures for when the permittee will use certain sanctions. Possible sanctions include non -monetary penalties (such a stop work orders), fines, bonding requirements, and/or permit denials for non-compliance. SW 104380 Does the Stormwater Management Program describe the permittee's procedures for site inspection and enforcement of control measures, including how the permittee will prioritize sites for inspection? SW 104430 Does the Stormwater Management Program require construction site operators to implement erosion and sediment control BMPs and to control construction site wastes that may cause adverse water quality impacts? SW104440 Does the Stormwater Management Program require construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality? SW 104450 Does the permittee provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems? Staff Training and Certification SW 104480 The number of training and certification programs offered to staff SW104490 The number of trained staff inspectors. SW 104500 The number of certified staff inspectors. SW 104510 The number of certified contractors by permittee. Inspection and Enforcement SW 104530 The number of plans reviewed greater than one acre. SW 104590 The number of enforcement actions or NOVs taken. ILLICIT DISCHARGE DETECTION AND ELIMINATION Stormwater Map SW 103220 Has the permittee will developed or the in the process of developing a storm sewer map showing the location of all outfalls and the names and location of all receiving waters? SW 103260 Does stormwater mapping include drainage areas? SW103270 Does stormwater mapping include receiving streams? SW103280 Does stormwater infrastructure mapping include outfalls? SW103300 Does stormwater infrastructure mapping include sewer pipes? SW 103310 Does stormwater infrastructure mapping include structures (e.g., detention ponds and other structural BMPs? SW 103320 Estimated or actual number of structural BMPs? SW 103330 Percent of outfall mapping complete. SW 103340 Does the Stormwater Management Program describe the mechanism (ordinance or other regulatory mechanism) the permittee will use to effectively prohibit illicit discharges into the MS4? SW103350 Does the Stormwater Management Program describe the permittee's plan to ensure appropriate enforcement procedures and actions such that the permittee's illicit discharge ordinance (or other regulatory mechanism) is implemented? SW103360 Does the Stormwater Management Program describe the permittee's plan to detect and address illicit discharges to the permittee's system, including discharges from illegal dumping and spills? The permittee must implement an inspection program to detect dry weather flows at system outfalls and, at a minimum, must address the following: • Procedures for locating priority areas. • Procedures for tracing the source of an illicit discharge, including the specific techniques permittee will use to detect the location of the source. • Procedures for removing the source of the illicit discharge. • Procedures for evaluation of the plan to detect and eliminate illicit discharges. SW103420 Does the Stormwater Management Program address the following categories of non -storm water discharges or flows (i.e., illicit discharges) only if permittee identify them as significant contributors of pollutants to the permitteenulls small MS4: SW 103430 landscape irrigation; SW103440 water line flushing; SW 103450 diverted stream flows; SW103460 uncontaminated groundwater infiltration; SW103470 discharges from potable water sources; SW103480 air conditioning condensate (commercial/residential); SW 103490 springs; SW 103500 footing drains; SW103510 residential and charity car washing; SW103520 dechlorinated swimming pool discharges; 0 SW103530 rising groundwaters; SW103540 uncontaminated pumped groundwater; SW103550 foundation drains; SW 103560 irrigation waters (does not include reclaimed water as described in 15A NCAC 2H .0200); SW 103570 water from crawl space pumps; SW103580 lawn watering; SW 103590 flows from riparian habitats and wetlands; SW 103600 street wash water; SW103610 flows from emergency firefighting. The permittee may also develop a list of other similar occasional, incidental non -storm water discharges that will not be addressed as illicit discharges. These non -storm water discharges must not be reasonably expected (based on information available to the permittees) to be significant sources of pollutants to the Municipal Separate Storm Sewer System, because of either the nature of the discharges or conditions the permittee has established for allowing these discharges to the permittee's MS4 (e.g., activity with appropriate controls on frequency, proximity to sensitive waterbodies, BMPs). SW 103640 Does the Stormwater Management Program document local controls or conditions placed on discharges and a provision prohibiting any individual non -storm water discharge that is determined to be contributing significant amounts of pollutants to the permittee's MS4? SW 103650 In addition to conducting training for selected staff on detecting and reporting illicit discharges," does the Stormwater Management Program describe how the permittee plans to inform businesses and the general public of hazards associated with illegal discharges and improper disposal of waste? SW103700 Does the Stormwater Management Program establish and publicize a reporting mechanism for the public to report illicit discharges? SW 103710 Does the Stormwater Management Program establish an illicit discharge management tracking system? SW103720 Does the Stormwater Management Program establish a stormwater incident response program? SW 103730 Does the Stormwater Management Program provide for an illicit discharge brochure, poster or other educational material development and distribution? SW 103740 Does the Stormwater Management Program provide for a septic system program in conjunction with the Health Department? SW 103750 Does the Stormwater Management Program provide street sweeping, inspecting and cleaning inlets and outfalls? SW103760 Does the Stormwater Management Program establish procedures to coordinate efforts to eliminate illicit discharge cross connections between sanitary and storm sewers? SW103770 Does the Stormwater Management Program establish procedures to maintain the sanitary sewer system? SW103780 Does the Stormwater Management Program establish a Household Waste Recycling Program? Identifying Illicit Connections SW103860 The number of sites prioritized for inspection 7 SW 103870 The number of illicit connections reported by citizens. SW 103880 The number of illicit connections found. SW103890 The number of illicit connections repaired/replaced. SW 103900 The number of illicit connection referrals. Illegal Dumping SW 103930 The number of illegal dumps reported by citizens. SW103940 The number of penalties enforced upon the participants of illegal dumps. SW 103950 The number of illegal dump or sit -out clean-ups completed. Industrial or Business Connections SW 103980 The number of dry weather tests/inspections completed. SW 103990 The number of high -risk connections prioritized. SW 104000 The number of illicit connections reported by employees or businesses. SW104010 The number of illicit connections found. SW104020 The number of illicit connections repaired/replaced. Recreational Sewage SW 104040 The number of pump -out stations. SW104050 The number of no -discharge areas created. SW 104060 The number of new signs added to inform users of dumping policies and alternatives. SW 104070 The number of enforced cases of recreational dumping. SW 104080 The number of citizen complaints made reporting illegal action. Sanitary Sewer Overflows (SSO) SW104100 The number of overflows reported. SW 104110 The number of overflow causes that were identified during inspections. SW104120 The number of sites repaired. Wastewater Connections to the Storm Drain System SW 104140 The number of rerouted connections. SW 104150 The number of dry weather monitoring activities performed. SW104160 The number of unwarranted connections reported. SW104170 The number of unwarranted connections found. SW 104180 The number of unwarranted connections repaired/replaced. POLLUTION PREVENTION/GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS SW 105770 Does the Stormwater Management Program list the permittee's municipal operations that are impacted by this operation and maintenance program? SW 105780 The permittee must also include a list of industrial facilities the permittee owns or operates that are subject to NPDES Stormwater General Permits or individual NPDES permits for discharges of storm water associated with industrial activity that ultimately discharge to the permittee's MS4, including the permit number and certificate of coverage number for each facility. SW105790 Municipal Operations include: SW 105800 Transfer Station SW105810 Fleet Maintenance SW 105820 Airport SW105830 Animal Shelters SW105840 Waste Water Treatment Plan SW105850 Water Plants SW105860 Construction Debris Site SW 105870 Transit Authority SW105880 Public Works Operations SW105890 Prisons SW 105900 Emergency Service Facilities SW 105910 Fire Stations SW105920 Landfills SW 105930 Schools SW 105940 Parks SW105950 Waste Recycling Centers SW105960 Vehicle Maintenance Operations SW105970 Vehicle Wash Operations SW105980 Pump Stations or Lift Stations SW105990 Other. SW106000 In addition to conducting staff training on stormwater pollution prevention and good housekeeping procedures, does the Stormwater Management Program describe any government employee training program the permittee will use to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance? SW 106010 Does the Stormwater Management Program describe any existing, available training materials the permittee plans to use? SW106030 Does the Stormwater Management Program describe maintenance activities, maintenance schedules, and long-term inspection procedures for controls to reduce floatables and other pollutants to the permittee's MS4? SW 106050 Does the Stormwater Management Program describe the permittee's procedures for the proper disposal of waste removed from the permittee's MS4 and the permittee's municipal operations, including dredge spoil, accumulated sediments, floatables, and other debris? Industrial Activities SW 106120 Did the permittee conduct annual review of the industrial activities with a Phase I NPDES stormwater permit owned and operated by the permittee? SW106130 Did the permittee review the Stormwater Pollution Prevention Plan, the timeliness of any monitoring reports required by the Phase I permit, and the results of inspections and subsequent follow- up actions at the facilities? SW106160 Does the permittee have a Used Oil Recycling Program? SW 106170 Does the permittee have a street sweeping program? SW106180 Does the permittee have a program to clean catch basins, storm lines, and ditches? SW 106190 Does the permittee review fertilizer and pesticide use programs? SW 106200 Does the permittee have spill prevention plans at city facilities? City Facilities Inspections SW 106220 Does the permittee inspect vehicle washing fueling, storage and maintenance areas? SW 106230 Does the permittee inspect material storage areas (i.e., storage areas for sand, salt, fertilizers, pesticides and other chemicals)? SW106240 Does the permittee inspect stormwater outfalls? SW106250 Does the permittee inspect culverts? SW 106260 Does the permittee inspect swales/ditchs? SW 106270 Does the permittee inspect catch basins, inlets, and grates? SW106280 Does the permittee inspect MS4 pipes? SW106290 Does the permittee inspect solid and hazardous waste management facilities and recycling centers? SW106300 Does the permittee inspect animal shelters and pounds? SW106310 Does the permittee inspect parking lots? SW106320 Does the permittee inspect parks and open spaces? SW 106330 The number of inspections conducted. Hazardous Materials Storage SW106460 The total number of storage facilities equipped to store hazardous materials. SW 106470 The number of regularly inspected storage units. SW106480 The number of employees trained in hazardous material storage and maintenance. Illegal Dumping SW 106520 The number of reports of illegal dumping received. SW106530 The number of dump sites and/or illegal sit -outs cleaned up. 10 Lel SW 106550 The number of enforcement actions pertaining to illegal dumping. Landscape and Lawn Care, and Pest Control SW106570 The number of stores/gardens participating in education programs. SW 106580 The number of residents trained by the permittee in safe landscaping, lawn care, and pest management techniques. SW 106590 The number of classes/seminars offered by the permittee in landscaping and lawn care. SW106610 The number of municipal employees trained in integrated pest management. Parking Lot and Street Cleaning SW 106630 The number of parking lots. SW 106640 The number of scheduled parking lot and/or road cleanings. Pet Waste SW106660 The number of dog parks. SW 106670 The number of "pooper-scooper" stations installed SW 106680 The number of educational materials distributed. Road Salt Application and Storage SW 106700 The number of storage facilities included in a regular inspection and maintenance program. SW 106710 The number of employees trained in road salt application. SW106720 The quantity of salt applied to roadways (in tons). SW106730 The quantity of alternative products used (in tons). Spill Response and Prevention SW106810 The number of leak detection devices installed at municipal facilities. SW106820 The number of preventative maintenance procedures performed on tanks, valves, pumps, pipes, and other equipment. SW106830 The number of personnel trained in spill response. SW 106840 The number of regularly inspected high -risk facilities. SW106850 The number of educational materials distributed to municipal employees. Storm Drain System Cleaning SW106870 The number of outfalls cleaned regularly. SW106880 The number of storm drains cleaned regularly. 11 SW106890 The amount of trash, sediment, and other pollutants removed during cleaning (in tons). Used Oil Recycling SW 106910 The number of gallons of used oil collected from municipal operations. SW 106920 The number of recycling facilities that collect oil from municipal operations. SW 106930 The number of educational materials distributed to municipal employees. Vehicle Washing SW 106950 The number of educational materials distributed to municipal employees. SW 106960 The number of designated municipal vehicle washing areas. 12 POST -CONSTRUCTION STORM WATER MANAGEMENT SW 104910 Has the permittee developed an ordinance or other regulatory mechanism to implement and enforce a program to address post construction runoff from new development and redevelopment projects? SW 104930 Does the Stormwater Management Program describe how the permittee will ensure the long- term operation and maintenance (O&M) of BMPs? SW 105000 Does the Stormwater Management Program explain how the permittee will control the sources of fecal coliform to the maximum extent practicable? SW 105010 Do new development and redevelopment codes allow for the following: SW 105020 Bioretention basins? SW 105030 Alternative pavers? SW 105040 Buffer zones? SW 105050 Dry ponds? SW105060 Wet ponds? SW105070 Alternatives to curb and gutter? SW105080 Grass swales? SW 105090 Grassed filter strips? SW 105100 Green parking lots? SW 105110 In -line storage systems? SW 105120 Infiltration basins? SW 105130 Infiltration trenches? SW 105140 Manufactured products installed in storm water inlets? SW 105150 Developments and redevelopments that use narrow streets? SW 105160 On -lot treatment? SW 105170 Open space design? SW 105180 Sand and organic filters? SW 105190 Porous pavement? SW 105200 Stormwater wetlands? SW105210 Urban forestry? SW 105220 Does the Stormwater Management Program, in coordination with the County Health Department, ensure proper operation and maintenance of on -site wastewater treatment systems for domestic wastewater? SW 105230 Does the Stormwater Management Program provide training for staff and developers? SW 105270 Are annual inspection reports required of permitted structural BMPs performed by a qualified professional? SW 105280 The number of BM inspections and/or maintenance activities. SW 105290 The number of problems that were identified and remedied. SW 105310 The number of development/redevelopment projects regulated for post -construction stormwater control. SW 105560 For those areas within the jurisdictional area of the permittee that are not subject to the post - construction stormwater management provisions of another existing state stormwater management program, does the permittee's Post -construction Stormwater Management Program equal or exceed the stormwater management and water quality protection provided by the following model practices: 13 SW 105570 Does the permittee issue local stormwater management permits to new development or redevelopment projects as either a low density project or a high density project? SW 105580 Do projects permitted as a low density projects meet the following criteria: SW 105590 No more than two dwelling units per acre or 24% built -upon area; and, SW 105600 Use of vegetated conveyances to the maximum extent practicable? SW105610 Are projects permitted as high density projects meet the following requirements: SW 105620 The stormwater control measures control and treat the difference between the pre - development and post -development conditions for the 1-year 24-hour storm or control and treat the first inch or the first inch and a half. Runoff volume draw -down time must be a minimum of 48 hours, but not more than 120 hours; SW 105630 All structural stormwater treatment systems are designed to achieve 85% average annual removal of total suspended solids; and SW105640 Stormwater management measures comply with the General Engineering Design Criteria For All Projects requirements listed in 15A NCAC 2H .1008(c); SW 105650 Are deed restrictions and/or protective covenants required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans? SW 105660 Are all built -upon areas at least 30 feet landward of perennial and intermittent surface waters? SW105670 Watershed Protection Plans: Has the Permittee developed, adopted, and implemented a comprehensive watershed protection plan to meet part, or all, of the requirements for post construction stormwater management? 0 Areas within the jurisdictional area of the permittee that are already subject to the existing state stormwater management programs are deemed compliant with the post -construction stormwater management model practices identified in (a). The programs are: the Water Supply Watershed protection programs for WS-1— WS-IV waters, the Fresh water HQW and ORW waters management strategies, the Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy, the Tar -Pamlico River Basin Nutrient NSW Strategy, and the Randleman Lake Water Supply Watershed program. A regulated entity may develop its own comprehensive watershed plan, use the model ordinance developed by the Commission, design its own post -construction practices based on the Division's guidance and engineering standards for best management practices, or incorporate the post -construction model practices to satisfy, in whole or in part, the requirements for post -construction stormwater management. SW 105700 Has the permittee developed, adopted, and implemented an ordinance (or similar regulatory mechanism) to ensure that the best management practices selected do not result in a sustained increase in the receiving water temperature for Trout Waters? SW105710 Has the permittee developed, adopted, and implemented an ordinance (or similar regulatory mechanism) to ensure that the best management practices for reducing nutrient loading is selected for Nutrient Sensitive Waters? SW105730 Has the permittee developed and included a nutrient application (fertilizer and organic nutrients) management program in the Post -construction Stormwater Management Program? 14 PUBLIC EDUCATION AND OUTREACH SW 101710 Does the Stormwater Management Program identify the target audiences likely to have significant storm water impacts (including commercial, industrial and institutional entities)? SW 101720 Does the Stormwater Management Program identify what target pollutant sources the permittee's public education program is designed to address and why those sources are an issue? SW101730 Does the Stormwater Management Program describe the permittee'Is outreach program (i.e., how the permittee plans to inform individuals and households about the steps they can take to reduce storm water pollution and how the permittee plans to inform individuals and groups on how to become involved in the storm water program? SW101750 Has the permittee develop general stormwater educational material to appropriate target groups? SW 101760 Does general stormwater educational material include information on the following topics: SW101770 Household Hazardous Waste SW 101780 Pet Waste SW 101790 Septic Systems SW101800 Lawn and Gardening SW101810 Vehicle Washing SW 101820 Erosion SW 101830 Stream Buffers SW101840 Flooding SW 101850 Litter SW 101860 List any additional topics not identified above. SW 101870 Does the pennittees outreach program include: SW101880 Distributing printed educational material to general public through utility mail outs? SW101890 Distributing printed educational material to general public through special events (i.e., Information booth at festivals and fairs)? SW 101900 Distributing printed educational material to business / industry? SW101910 Presentations to local community groups? SW101920 Stormwater programs/presentations for elementary or middle schools? SW 101930 Local TV or radio spots? SW 101940 Print Media - Ads / Articles / Newsletters? SW 101950 Posters? SW101960 Storm drain stenciling SW101970 Other environmental education programs (i.e., Designate a "Keep SW Clean" month)? SW101980 Workshops SW 101990 Stream basin signage? SW102020 Does the permittee maintain an internet web site for newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff? 15 Classroom Outreach SW 102070 The number of educational materials distributed to schools. SW 102080 The number of schools that participate in municipal -sponsored storm water workshops or activities. SW 102090 The number of students that participate in municipal -sponsored stone water workshops or activities. SW 102100 The number of workshops held for teachers. SW 102110 The number of certificates or other rewards given out to schools, classes, or students participating in storm water education. SW102120 The number of students receiving storm water education as a regular part of the school curriculum. Displays, Signs, Presentations, Welcome Packets, and Pamphlets SW 102150 The number of stormwater related displays at special events or meetings. SW 102160 The number of people at events who saw the display or took a pamphlet/booklet. SW 102170 The number of new homeowner welcome packets containing storm -water -related information. SW 102180 The number of signs and billboards with stormwater related messages. SW102190 The number of stormwater related presentations at special events or meetings. Commercial Outreach SW 102210 The number of educational materials that were distributed to business owners and operators SW 102220 The number of businesses trained under the stormwater program. Pet Waste Management SW 102320 The number of "clean up after your pet" signs posted in parks and neighborhoods. SW 102330 The number of dog -walking designated areas in parks. SW 102340 The number of posters/brochures put up in pet supply stores. SW 102350 The number of educational materials given out to pet owners. Promotional Giveaways SW 102370 The number of items given out. SW 102380 The number of events attended (to give out items). SW 102390 The number of partnerships for promotions (radio, TV, Businesses) Proper Disposal of Household Hazardous Waste SW 102410 The number of household hazardous waste curbside pickup days SW 102420 The number of educational materials distributed to homeowners. SW102430 The number of partnerships established with businesses. Outreach Programs to Minority and Disadvantaged SW 102450 The number of brochures/posters created in non-English languages. SW102460 The number of educational materials distributed in non-English languages. SW 102470 The number of partnerships established with minority organizations. SW 102480 The number of educational materials distributed to low-income neighborhoods. SW102490 Attendance at workshops or public meetings held in low-income or minority neighborhoods. 16 Using the Media SW 102550 The number of public service announcements made on radio and TV. SW 102560 The number of stormwater related press releases/advertising. SW 102570 The number of stormwater related articles published. SW102580 Water Conservation for Home Owners SW102590 The number of partnerships established with local water utilities. SW 102600 The number of water conservation or stormwater related utility inserts that are distributed with utility bills. SW 102610 A survey of homeowners about their water conservation behavior before and after the message is delivered. 17 PUBLIC INVOLVEMENT AND PARTICIPATION SW 102640 Does the Stormwater Management Program identify the target audiences of the permitteenulls public involvement program, including a description of the types of ethnic and economic groups engaged? SW 102650 Permittee are encouraged to actively involve all potentially affected stakeholder groups, including commercial and industrial businesses, trade associations, environmental groups, homeowners associations, and educational organizations, among others. SW 102660 Does the Stormwater Management Program describe how the permittee will involve the public in the development and implementation of the permittee's storm water management program and the types of public involvement activities included in the permittee's program that the permittee plans to use to educate local community groups? SW 102670 Has the permittee provided for the means to involve the public in the development and implementation of the permittee's storm water management program through: SW 102680 Public Hearings, stakeholder meetings, or other meetings? SW 102690 A Stormwater Steering Committee (or similar advisory group)? SW 102700 Stream clean-up events? SW 102710 Adopt -a -stream, Adopt -a -drain, Adopt -a -highway or Adopt -a -trail program? SW102720 Reforestation programs or wetland planting programs? SW102730 A stormwater hotline? SW102740 Volunteer monitoring programs? SW102750 Storm drain stenciling? SW102760 Encourage neighborhood coordinators to become active in the program? SW 102770 Regional workshops? SW102780 Telephone/Web/Mall surveys? SW 102790 Working with citizen volunteers willing to educate others about the program? Adopt -A -Stream Program SW102840 The number of participants in Adopt -A -Stream, Adopt -a -drain, Adopt -a -highway or Adopt -a - trail programs. SW 102850 The quantity of trash and debris removed by Adopt -A -Stream, Adopt -a -drain, Adopt -a highway or Adopt -a -trail volunteers (in tons). Surveys SW102870 The number of citizens solicited to complete surveys. SW 102880 The number of completed surveys. Hotlines SW 102900 The number of calls received by a hotline(s). SW 102910 The number of problems/incidents remedied as a result of hotline calls. Reforestation Programs SW 102930 The number of volunteer tree planters. SW 102940 The number of trees planted. SW102950 The number of acres planted with trees. Public Hearings, stakeholder meetings, or other meetings 18 SW102970 The number of meetings held. SW 102980 The number of attendees. SW 102990 The number of actions taken as a result of stakeholder meetings. Storm Drain Stenciling SW 103010 The percent of drains stenciled. SW 103020 The number of stenciling volunteers. SW103030 The number of drains stenciled. Stream Cleanup SW 103050 The number of stream cleanups. SW103060 The number of cleanup participants. SW103070 The quantity of waste collected as a result of cleanup efforts (in tons). SW 103080 The number of stream miles cleaned. Volunteer Monitoring SW 103100 The number of volunteers participating in monitoring programs. SW103110 The frequency of monitoring in the watershed (D-Daily, W-Weekly, B-Bimonthly, M-Monthly, Q-Quarterly and A -annually). SW 103120 The number of volunteer monitoring stations established in the watershed. SW 103130 The number of volunteer monitoring training sessions held. SW 103140 The number of actions that were taken as a result of the monitoring data -collected by volunteers. Wetland Plantings Q SW 103160 The acres of land planted. SW 103170 The number of volunteers that participated in planting. SW 103180 The number of planting events held. N 19 Appendix L BACKGROUND INFORMATION Identify Legal Mechanisms ❑ Stormwater Ordinance ❑ IDDE Ordinance ❑ Pet Waste Ordinance ❑ Written policies and procedures ❑ Unified Development Ordinance ❑ Interagency and/or local agreements ❑ Cooperative agreements ❑ MOU or partnerships and/or contracts ❑ Other Stormwater Hotline and Website Has the local government established a stormwater hotline/helpline? Has the local government developed and maintained a web site? What information can be found on the web site [i.e., stormwater projects and activities, and ways to contact stormwater management program staff, maps, ordinances, etc.] Stormwater Fees and Revenue Staff Has the local government established a Stormwater Utility Fee? Has the local government established Plan Review Fees? Has the local government established Inspection Fees? Does the local government have other sources of revenue? Number of staffed stormwater management position(s) Does the local government have an organizational chart that shows where the responsible parties fit into the structure of the stormwater program? Does the local government maintain a list of stormwater staff, their job descriptions, training requirements and qualifications, etc.? Capital Expenditures Has the local government identified capital expenditures? [list] Operation and Maintenance Cost Has the local government identified operation and maintenance cost? Partnerships Has the local government entered into any partnerships with other organizations to pursue a stormwater management objectives? (i.e., CWEP, County soil and water, chamber of commerce, river -watch organizations, EEP, the Clean Water Trust Fund, NCSU (BAE) or other public or private entities on any local stormwater projects, stakeholder group, private citizens) Page11 BACKGROUND INFORMATION Local Programs Does the local government rely on another entity perform one or more of their Stormwater Programs? [List minimum measure and entity] o Public Education and Outreach: (i.e., COG) ❑ Public Involvement and Participation: o IDDE: ❑ Construction: (i.e., delegated program, counsultants, etc). ❑ Post -Construction: (i.e., another public entity and/or a consultant to conduct plan reviews, inspections and maintenance) ❑ Pollution Prevention and Good Housekeeping: Impaired Waters (if applicable) Identify name of water body and impairment: Has the local government identified likely sources of the impairment? ( Likely sources include: list) Has the local government developed strategies within the scope of the six minimum measures aimed at addressing discharges to impaired water bodies (identify strategies, i.e., programs, controls, partnerships, and projects)? Has the local government identified projects and plans that the community is pursuing as far as retrofits, new development and re -development, mitigation, and stream restoration projects? (identify projects and plans) Green Infrastructure Has the local government developed a comprehensive development plan and policies, regulations and incentives to protect natural resource areas and critical habitat? Examples include: ❑ Buffer zones and other protective measures around wetlands, riparian areas, lakes, rivers, estuaries and floodplains ❑ Require dedicated open space ❑ Measures taken to preserve, protect and maintain trees on public and private property, rights - of -way and plant trees to enhance the urban tree canopy ❑ Incentives in place to direct development to previously developed areas ❑ Measures taken to direct growth to areas with existing infrastructure i.e., sewer, water, roads ❑ Mixed use and transit -oriented developments ❑ Street design standards and engineering practices that encourage streets to be no wider than is necessary to effectively move traffic, shared driveways, reduced driveway widths, two -track driveways, and rear garages and alleys and encourage alternative forms and decreased dimensions of residential driveways ❑ Measures to provide for alternative parking requirements that allow flexible arrangements, or that reduce required parking ❑ Measures that allow or encourage pervious or permeable pavement ❑ Measures to require landscaping to reduce runoff ❑ Measures to ensure stormwater management plan reviews take place early in the development review process ❑ Measures taken to encourage and allow LID practices for managing stormwater runoff ❑ Measures that encourage water harvesting, rain gardens, rain barrels, cisterns, green roofs, etc. Page 12 PUBLIC EDUCATION As a Phase H regulated entity, the local government must implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of storm water discharges on water bodies and the steps that the public can take to reduce pollutants in storm water runoff. Does the local government administer a Public Education Program? Does the local government rely in part or in whole on another entity for their public Education Programs? (i.e., COG) Examples include: ❑ Newspaper articles and/or inserts ❑ Kiosks and signage ❑ Targeted direct mail ❑ Displays at the point -of purchase ❑ Utility bill inserts ❑ Public meetings ❑ Community events Ll �Y Contest ° Storm drain marking Stream and Litter cleanups Group presentation and/or speeches r l r News coverage' Workshops and class room outreach Distributing promotional giveaways and specialty items Brochures, displays, signs, welcome packets, and pamphlets Local cable access Newsletters Other? (Briefly describe other public involvement activities) Has the local government identified target pollutants? [list target pollutants, i.e., fecal, floatables, grass clippings, sediment, pet waste] For each target pollutants, has the local government identified the appropriate target groups and developed stormwater educational material to appropriate target groups as likely to have a significant stormwater impact on the target pollutants? Has the local government documented their public education through photos, flyers, brochures, summary of activities, etc.? Target Pollutant/Target Group(s): Page 13 PUBLIC INVOLVEMENT As a Phase H regulated entity, the local government must, at a minimum, comply with State, Tribal and local public notice requirements when implementing a public involvement/ participation program. Does the local government provide a mechanism for public involvement (e.g., a citizens' or stakeholders' group(s) and/or partnerships)? Has the local government documented their public education through photos, flyers, brochures, summary of activities, etc Does the local government promote participation in the development and implementation of the SWMP? Examples include: ❑ A Stormwater Steering Committee (or similar advisory group) ❑ Stream clean-up events ❑ Adopt -a -stream, Adopt -a -drain, Adopt -a -highway or Adopt -a -trail programs ❑ Reforestation programs or wetland planting programs ❑ Volunteer monitoring programs ❑ Storm -drain stenciling ❑ Neighborhood coordinators to become active in the program (i.e., building a rain garden) ❑ Working with citizen volunteers willing to educate others about the program ❑ Sponsoring and participating in Big Sweep ❑ Forming partnerships with local businesses ❑ Poster contest ❑ Other (Briefly describe other public involvement activities) Page 14 ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM (IDDE) As a Phase H regulated, the local government must develop, implement and enforce a program to detect and eliminate illicit discharges (as defined at Sec. 122.26(b)(2)) into your small MS4. Does the local government have an ordinance to prohibit illicit discharges? Does the local government have written procedures for implementing and enforcing the IDDE Program including appropriate enforcement procedures and actions? Has the local government established and publicized a reporting mechanism for the public (i.e., hotline and/or help line)? Has the local government developed storm sewer system map showing the location of major outfalls and the names and location of waters that receive discharges from those outfalls? Does the local government locate outfalls using GPS? Whenever possible, outfalls should be located using GPS Are copies of this map must be available for review by the Division? Copies of this map must be available for review by the Division. Does the local government photograph outfalls? Whenever possible photographs should be taken to provide a baseline information and track operation and maintenance -needs. Does the local government conduct dry weather inspections? (frequency) Does the local government conduct inspections in response to complaints? (number ) Does the local government conduct follow-up inspections? (number ) How does the local government inform businesses and the general public of hazards associated with illegal discharges and improper disposal of waste? (list, i.e., outreach activities, flyers, utility bills, etc.) Does the local government have a documented training program for municipal employees? Page 15 EROSION AND SEDIIVIENT CONTROL As a Phase U regulated entity, the local government must develop, implement, and enforce a program to reduce pollutants in any storm water runoff to your small MS4 from construction activities that result in a land disturbance of greater than or equal to one acre. Reduction of storm water discharges from construction activity disturbing less than one acre must be included in your program if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more. ❑ Delegated E&SC Program ( ❑ When was the last audit of the local government's delegated Sediment and Erosion Control Program? ❑ Was the local government in compliance with the delegated program? ❑ Were any concerns identified by the State? ❑ E&SC Program administered by NCDENR DLR Has the local government developed a local Erosion and Sediment Control Program for construction site stormwater runoff control? Describe below: , Page 16 POST -CONSTRUCTION STORMWATER CONTROLS As a Phase H regulated entity, the local government must develop, implement, and enforce a program to address storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into your small MS4. State Post -Construction Requirements (check appropriate SL and/or State Regulation) ❑ Session Law 2006-246 ❑ Session Law 2008-211 ❑ Water Supply Watershed I (WS-1)— 15A NCAC 2B.0212. ❑ Water Supply Watershed H (WS-I) —15A NCAC 2B.0214. ❑ Water Supply Watershed III (WS-" —15A NCAC 2B.0215. ❑ Water Supply Watershed IV (WS-IV) —15A NCAC 2B.0216. ❑ Freshwater High Quality Waters (HQW) —15A NCAC 2H.1006. ❑ Freshwater Outstanding Resource Waters (ORW) — 15A NCAC 2H.1007. ❑ The Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy —15A NCAC 2B.0235. ❑ The Tar -Pamlico River Basin Nutrient Sensitive (NSW) Management Strategy —15A NCAC 2B.0258. ❑ The Randleman Lake Water Supply Watershed Nutrient Management Strategy —15A NCAC 2B.0251. ❑ Jordan Lake 15A NCAC 02B .0265 ❑ Goose Creek Watershed 15A NCAC 2B .0600 -.0609 ❑ USMP Evaluation of Program Effectiveness Has the local government developed by ordinance (or similar regulatory mechanism) a program to address stormwater runoff from new development and redevelopment? Does the local government review designs and proposals for new development and redevelopment to determine whether adequate stormwater control measures will be installed, implemented, and maintained? Does the local government use an approved local BMP Manual or the State BMP Manual? Does the local government conduct inspections during construction to verify BMPs are built as designed? (number ) Does the local government maintain an inventory of projects with post -construction structural stormwater control measures? Does the local government conduct and document inspections of the private and/or public structural stormwater control measures? (Frequency ) Does the local government require the owner of each structural BMP to conduct and document inspections of each structural BMP? (Frequency ) Does the local government require an operation and maintenance plan for the structural BMPs? Does the local government have the authority to perform necessary maintenance or corrective actions neglected by the property owner/operator, and bill or recoup costs from the property owner/operator when the owner/operator has not performed the necessary maintenance? Page 17 POLLUTION PREVENTION AND GOOD HOUSEKEEPING As a Phase It regulated entity, the local government develop and implement an operation and maintenance program that includes a training component. Has the local government identified local government owned and/or operated facilities and/or activities? Local government owned and/or operated facilities may include : ❑ Animal Shelters ❑ Easements, public right of ways, and other open spaces ❑ Public buildings and parking lots ❑ Parks and recreation areas, public swimming pools, public golf courses ❑ Emergency Services, Emergency Medical Response, Police and Fire Departments ❑ Public works ❑ Equipment and material storage areas ❑ Maintenance facilities ❑ Street repair and maintenance sites ❑ Pesticide Storage Facilities ❑ Fleet Maintenance, vehicle washing, and vehicle fueling ❑ Fuel farms ❑ Hazardous waste treatment, storage and disposal facilities ❑ Recycling and household hazardous waste facilities, oil collection centers ❑ Composting facilities ❑ Solid waste handling and transfer facilities ❑ Wastewater treatment facilities and transfer stations ❑ Landfills ❑ Industrial Parks ❑ Hospitals ❑ Structural stormwater controls ( e.g., wet ponds, rain gardens) Has the local government developed an O&M program for municipally -owned or operated facilities? (Frequency i.e., daily, weekly, annual) Has the local government developed and implement an O&M program for municipal owned and operated stormwater controls? Does the local government have a description of stormwater sewer system maintenance activities (i.e., parking lot maintenance, street sweeping, culverts, cleaning curbs and catch basins, storm lines and ditches) schedules, and inspection procedures? Does the local government ensure municipal employees and contractors are properly trained and all permits, certifications, and other measures for Pesticide, Herbicide and Fertilizer (PHF) applicators are followed? Has the local government developed and implemented an employee training program for employees involved in implementing pollution prevention and good housekeeping practices? Has the local government documented that the employees are trained either prior to being responsible for pollution prevention and good housekeeping practices or that the employee works under the direct supervision of someone that has been trained until they complete the training? Has the local government documented when they were trained (i.e., on the job training, an agenda, schedule of training, etc.)? Has the local government documented how employees were trained (on -the job training, class room instruction, etc.)? Has the local government documented what they were trained on (i.e., manuals, text, checklist, on -the job training, pamphlets, etc.). Has the local government applied for applicable permits for industrial activities (i.e., Wastewater, landfills, vehicle maintenance)? 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