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Home My WebLink AboutNCS000460_Self Audit_20231016 MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) SELF EVALUATION REPORT I KNIGHTDALE stormwater NPDES PERMIT NO. NCS000460 Town of Knightdale, NORTH CAROLINA 950 Steeple Square Court Audit Date: 10/16/2023 Report Date: 10/16/2023 North Carolina Department of Environmental Quality Division of Energy, Mineral & Land Resources Stormwater Program 512 N. Salisbury Street, 9th floor 1612 Mail Service Center Raleigh, NC 27699-1612 MS4 Permit Self Evaluation Report Ton of Knightdale, NC: NPDES Permit No. NCS000460 (This page intentionally left blank) Audit Date: 10/16/2023 i MS4 Permit Self Evaluation Report Ton of Knightdale, NC: NPDES Permit No. NCS000460 TABLE OF CONTENTS AuditDetails..................................................................................................................................................1 PermitteeInformation ..................................................................................................................................2 SupportingDocuments..................................................................................................................................3 Program Implementation, Documentation &Assessment............................Error! Bookmark not defined. Public Education and Outreach......................................................................Error! Bookmark not defined. Public Involvement and Participation...........................................................................................................4 Illicit Discharge Detection and Elimination (IDDE).........................................Error! Bookmark not defined. ConstructionSite Runoff Controls.................................................................................................................6 Post-Construction Site Runoff Controls........................................................................................................9 Pollution Prevention and Good Housekeeping for Municipal Operations.....Error! Bookmark not defined. Total Maximum Daily Loads(TMDLs)..........................................................................................................14 Site Visit Evaluation: Municipal Facility No. 1................................................Error! Bookmark not defined. Site Visit Evaluation: Municipal Facility No. 2................................................Error! Bookmark not defined. Site Visit Evaluation: MS4 Outfall No. 1.........................................................Error! Bookmark not defined. Site Visit Evaluation: MS4 Outfall No.2.........................................................Error! Bookmark not defined. Site Visit Evaluation: Construction Site No. 1..............................................................................................16 Site Visit Evaluation:Construction Site No. 2.................................................Error! Bookmark not defined. Site Visit Evaluation: Post-Construction Stormwater Control Measure No. 1Error! Bookmark not defined. Site Visit Evaluation: Post-Construction Stormwater Control Measure No.2Error! Bookmark not defined. Appendix A:Supporting Documents Appendix B: Photograph Log DISCLAIMER This audit consists of an evaluation of program compliance with the issued permit and implementation of the approved Stormwater Management Plan. This audit report does not include a review of all program components, and program deficiencies in addition to those noted may be present. The permittee is required to assess program progress and permit compliance, and to implement the approved Stormwater Management Plan in accordance with the issued permit. Audit Date: 10/16/2023 ii MS4 Permit Self Evaluation Report Ton of Knightdale, NC: NPDES Permit No. NCS000460 This page intentionally left blank Audit Date: 10/16/2023 iii MS4 Permit Self Evaluation Report Ton of Knightdale, NC: NPDES Permit No. NCS000460 Audit Details Audit ID Number: Audit Date(s): NCS000460 Knightdale MS4 Self-Audit 20231016 October 16-17,2023 Minimum Control Measures Evaluated: ❑ Program Implementation, Documentation&Assessment ❑ Public Education&Outreach ® Public Involvement& Participation ❑ Illicit Discharge Detection&Elimination ® Construction Site Runoff Controls—No delegated Sediment and Erosion Control Program ❑ Construction Site Runoff Controls—Delegated Sediment and Erosion Control Program ® Post-Construction Site Runoff Controls ❑ Pollution Prevention and Good Housekeeping for Municipal Operations ® Total Maximum Daily Loads(TMDLs) Field Site Visits: ❑ Municipal Facilities. Number visited:Choose an item. ❑ MS4 Outfalls. Number visited:Choose an item. M Construction Sites. Number visited: 1 ❑ Post-Construction Stormwater Runoff Controls. Number visited:Choose an item. ❑ Other: Number visited:Choose an item. ❑ Other: Number visited:Choose an item. Inspector(s)Conducting Audit Name,Title Organization Ike Archer,Stormwater Program Manager Town of Knightdale Audit Repo ut Date: Signature Audit Report Author: Date Signature Audit Date(s): 10/16/2023—10/17/2023 Page 1 of 20 MS4 Permit Self Evaluation Report Ton of Knightdale, NC: NPDES Permit No. NCS000460 Permittee Information MS4 Permittee Name: Permit Effective Date: Permit Expiration Date: Town of Knightdale February 20,2017 February 19, 2022 Date of Last MS4 Inspection/Audit: City,State,ZIP: Knightdale, NC 27545 8/23/2023(DEQ) Co-permittee(s),if applicable: n/a Permit Owner of Record: Bill Summers,Town Manager Primary MS4 Representatives Participating in Audit Name,Title Organization Ike Archer,Stormwater Program Manager TOK Dylan Kirk,Stormwater Technician TOK Domingo Orpilla,Construction Inspector TOK MS4 Receiving Waters Waterbody Classification Impairments Beaver Dam Creek C;NSW Not Listed Milburnie Creek C;NSW Not Listed Mango Creek C;NSW Not Listed Poplar Creek C;NSW Not Listed Marks Creek(Lake Myra) C;NSW Not Listed Audit Date(s): 10/16/2023—10/17/2023 Page 2 of 20 MS4 Permit Self Evaluation Report Ton of Knightdale, NC: NPDES Permit No. NCS000460 Supporting Documents When Provided Item Number Document Title (Prior to/During/After) Public Involvement Tracking Spreadsheet During 02 Code of Ordinances Chapter 96: Erosion&Sedimentation Control During 03 ESC Enforcement Tracking Spreadsheet During 04 ESC Plan Review Tracking During 05 ESC Approval Letter Example During 06 Construction Site Inspection Report Example During 07 ESC NOV Example During 08 UDO Chapter 9.4 Environmental Protection During 09 CBI SCM Map During 10 GIS SCM Map During 11 Municipal SCM Inventory During 12 CBI SCM Inspection Tracking During 13 Private SCM O&M Plan During 14 SCM Enforcement Tracking During 15 Annual BIMS Submittal Prior Audit Date(s): 10/16/2023—10/17/2023 Page 3 of 20 MS4 Permit Self Evaluation Report Ton of Knightdale, NC: NPDES Permit No. NCS000460 Public Involvement and Participation Staff Interviewed: Ike Archer,Stormwater Program Manager(Self Audit) (Name,Title,Role) i Permit Citation Program Requirement Status supporting Doc No. II.C.2.a Volunteer Community The permittee included and promoted volunteer opportunities designed to promote Yes Involvement ongoing citizen participation. Program Comments(Note opportunities promoted and date(s)of volunteer events) Town host annual litter sweep events to promote engagement with residents.Typically held around Creek Week. 2020—COVID 2021—4/17/2021 2022—3/19/2022 2023—3/25/2023 Creek Week Tree Giveaway 2022—3/19/2022 2023—3/25/2023 See tracking sheets for additional information- II.C.2.b Mechanism for The permittee provided and promoted a mechanism for public involvement that Yes --- Public provides for input on stormwater issues and the stormwater program. Involvement Comments(Note mechanism(s)for input and how promoted) Public Comment periods are provided for all new development projects,budget proposals,and CIP proposals.These comment periods provide residents and external stakeholders the opportunity to voice concerns regarding the implementation and review of the Towns stormwater program.The Town also provides a platform for complaints regarding stormwater at all Land Use Review Board meetings. II.C.2.c The permittee promoted and maintained a hotline/helpline for the purpose of public Yes Website Hotline/Help Line involvement and participation. Comments(Note hotline contact information and how it is promoted) Iuur nuu111C�717)-Ll/-LLB/ Advertised on the Town website and all educational handout.. https://www.knightdalenc.gov/public works/engineering/stormwater-management Audit Date(s): 10/16/2023—10/17/2023 Page 4 of 20 MS4 Permit Self Evaluation Report Ton of Knightdale, NC: NPDES Permit No. NCS000460 Public Involvement and Participation Additional The Town will continue to evaluate and improve the effectiveness of its Public Involvement& Participation Comments: program.We believe the program is compliant with all permit requirements. Audit Date(s): 10/16/2023—10/17/2023 Page 5 of 20 MS4 Permit Self Evaluation Report Ton of Knightdale, NC: NPDES Permit No. NCS000460 Construction Site Runoff Controls Staff Interviewed: Ike Archer,Stormwater Program Manger(Self Audit) (Name,Title, Role) Program Delegation Status: ® The permittee has a delegated Sediment and Erosion Control Program and implements the North Carolina Sedimentation Pollution Control Act(SPCA)of 1973 components of this minimum measure(complete the permit citation and SPCA citation sections). ❑ The permittee does not have a delegated Sediment and Erosion Control Program and relies on DEMLR to comply with the North Carolina Sedimentation Pollution Control Act(SPCA)of 1973 components of this minimum measure (complete only the permit citation section). Permit Citation Program Requirement Status Supporting Doc No. II.E.3 Construction Site Runoff Controls The permittee provides and promotes a means for the public to notify the (NPDES Permit No. appropriate authorities of observed erosion and sedimentation problems(e.g., Yes Website NCS000435] promoting the existence of the DEQ DEMLR"Stop Mud" hotline). The Town maintains two separate webpages dedicated to ESC, both of which advertise the SW hotline and Cognito form. One webpage is for developers/contractors submitting ESC plans for new development,the other is for general information regarding the environmental impacts of erosion. https://www.knightdalenc.gov/public-works/engineering/sedimentation-and-erosion-control https://www.knightdalenc.gov/public-works/engineering/stormwater-management/construction-site-ru noff-control SPCA Citation Delegated Program Requirement Status Supporting Doc No. § 113A-60 Local The permittee has adopted an ordinance or other regulatory mechanism to enforce erosion and Yes 02 sedimentation the erosion and sedimentation control program. control programs(a) If yes,the ordinance meets or exceeds the minimum requirements of the Yes --- SPCA. If yes,the ordinance applies throughout the corporate limits of the permittee. Yes --- [Permit Part I.D] Comments(Provide regulatory mechanism reference or Supporting Documentation number) TOK was delegated in February of 2022 following approval of our draft ordinance by the EMC. Our ESC ordinance is based off the NCDEQ model and is in Chapter 96 of the Towns Code of Ordinances. Audit Date(s): 10/16/2023—10/17/2023 Page 6 of 20 MS4 Permit Self Evaluation Report Ton of Knightdale, NC: NPDES Permit No. NCS000460 Construction Site Runoff Controls §113A-60 Local erosion and The permittee collects a fee paid by each person who submits an erosion and Yes sedimentation sedimentation control plan. control programs(d) Comments(indicate the fee amount,if applicable) Plan review fees are charged at a rate of$250/disturbed acre,and$100 per lot for residential developments that are part of a common plan of development. 10/16/2023—To comply with HB 488,fees have been modified to allow the applicant of single-family residential lots to choose how their fee is calculated.The applicant may choose to be charged$250/disturbed acre,or a flat fee of$100 per lot. All fees are outlined in the Towns fee schedule. 113A-60 Local Has any person initiated a land-disturbing activity(within the permittee's erosion and jurisdiction)for which an erosion and sedimentation control plan is required in the Yes 03 sedimentation absence of an approved plan? control programs(e) If yes,the permittee has notified the North Carolina Sedimentation Control Yes --- Commission of all such cases. Has the permittee determined that a person engaged in a land-disturbing activity Yes 03 j has failed to comply with an approved erosion and sedimentation control plan? If yes, has the permittee referred any such matters to the North Carolina No Sedimentation Control Commission for inspection and enforcement? Comments Stop Work Orders have been issued to 1 FRO for failure to file an Erosion Control Plan prior to conducting a land disturbing activity.These notices were issued to the FRO and forwarded/reported to RRO. Various compliance notices have been issued to FROs for failure to comply with an approved plan.All enforcement actions are tracked in an enforcement spreadsheet and reported to NCDEQ.These can be found in the attached tracking sheet. 11§ 3A-61 Local The permittee reviews each erosion and sedimentation control plan submitted to approval of erosion them and notifies the person submitting the plan that it has been approved, Yes 04 and sedimentation approved with modification,or disapproved within 30 days of receipt. control plans The permittee only approves an erosion and sedimentation control plan upon Yes determining that it complies with all applicable State and local regulations. The permittee has disapproved of an erosion and sedimentation control plan in No order to protect riparian buffers along surface waters. If yes,the permittee notified the Director of the Division of Energy, Not Mineral,and Land Resources within 10 days of the disapproval. Applicable Comments All plans are thoroughly reviewed for compliance with local,state,and federal regulations. Reviews are conducted using IDT,the Towns electronic plan review and permitting portal. All comments are tracked and can be referenced within the project application. Audit Date(s): 10/16/2023—10/17/2023 Page 7 of 20 MS4 Permit Self Evaluation Report Ton of Knightdale, NC: NPDES Permit No. NCS000460 Construction Site Runoff Controls § 113A-61.1 Inspection of land- The certificate of approval of each erosion and sedimentation control plan Yes 05 disturbing activity, approved by the permittee includes a notice of the right to inspect. notice of violation (a) The permittee provides for inspection of land-disturbing activities to ensure compliance with the SPCA and to determine whether the measures required in an Yes 06 erosion and sedimentation control plan are effective. Comments Example plan approval letter is provided which includes language for the Towns right to inspect. All active projects are inspected at least once a month;however,the town aims for bi-weekly inspections. Inspections are conducted using the Towns MS4web software.An example inspection report has been included along with a site visit evaluation for construction site runoff. �113A-61.1 When the permittee determines that a person engaged in land-disturbing activity Inspection of land- has failed to comply with the SPCA,the Permittee immediately issues a notice of Yes 07 disturbing activity; violation upon that person. notice of violation Each notice of violation issued by the permittee specifies the date by which the (�) Yes 07 person must comply. Each notice of violation issued by the permittee informs the person of the actions Yes 07 that need to be taken to comply. Comments An NOV example has been included.All requirements are addressed in NOV letter and corrective action plan. 11§ 3A-64 Penalties Does the permittee issue civil penalties as part of the erosion and sedimentation No program? Since delegation in 2022,the Town has not issued any civil penalties for an ESC violation. Audit Date(s): 10/16/2023—10/17/2023 Page 8 of 20 MS4 Permit Self Evaluation Report Ton of Knightdale, NC: NPDES Permit No. NCS000460 Post-Construction Site Runoff Controls Staff Interviewed: Ike Archer,Stormwater Program Manager(Self Audit) (Name,Title, Role) Implementation(check all that apply): ® The permittee implements the components of this minimum measure. ❑ The permittee relies upon another entity to implement the components of this minimum measure: name of entity ❑ The permittee implements the following deemed-compliant program(s),which meet NPDES MS4 post-construction requirements for the areas where implemented and in compliance with the specific program requirements as provided in 15A NCAC and noted below(Complete Session Law 2006-246 section below): ❑ Water Supply Watershed I(WS-1)—15A NCAC 213.0212 ❑ Water Supply Watershed II (WS-11)—15A NCAC 26.0214 ❑ Water Supply Watershed III(WS-III)—15A NCAC 26.0215 ❑ Water Supply Watershed IV(WS-IV)—15A NCAC 213.0216 ❑ Freshwater High Quality Waters(HQW)—15A NCAC 2H .1006 ❑ Freshwater Outstanding Resource Waters(ORW)—15A NCAC 2H .1007 ❑ Neuse River Basin Nutrient Sensitive(NSW)Management Strategy—15A NCAC 2B.0235 ❑ Tar-Pamlico River Basin Nutrient Sensitive(NSW) Management Strategy-15A NCAC 2B.0258 ❑ Randleman Lake Water Supply Watershed Nutrient Management Strategy-15A NCAC 2B.0251 ❑ Universal Stormwater Management Program—15A NCAC 2H .1020 Ordinance(s)(check all that apply): The permittee utilizes the following ordinances and/or regulatory authority to fulfill post construction minimum measure program requirements throughout the MS4 permitted area(check all that apply): ❑ DEQ model ordinance ® MS4 designed post-construction practices that meet or exceed 15A NCAC 02H .1000. ❑ DEQ approved comprehensive watershed plan ❑ DEQ approved ordinance for a deemed-compliant Program(see list above) Instructions: For MS4s not implementing a S.L.2006-246 deemed-compliant program, complete only the Permit Citation section below. For MS4s implementing a S.L.2006-246 deemed-compliant program,complete the Session Law 2006-246 section below. If the MS4 does not implement a deemed-compliant program throughout the entire MS4 permitted area, then complete the Permit Citation section below for the permitted area(s)not covered under the S.L.2006-246 deemed-compliant program. Audit Date(s): 10/16/2023—10/17/2023 Page 9 of 20 MS4 Permit Self Evaluation Report Ton of Knightdale, NC: NPDES Permit No. NCS000460 Post-Construction Site Runoff Controls mmmmmi Session Law 2006- Program Requirement Status Supporting 246 1 Doc No. Deemed-Compliant The permittee implements deemed-compliant Program requirements in Not Program(s) accordance with the applicable 15A NCAC rules. Applicable --- The permittee implements deemed-compliant Program requirements throughout Not the entire MS4 area(If not,also complete the Permit Citation section below.) Applicable --- The permittee applies deemed-compliant Program requirements to all federal, state and local government projects within the permitted MS4 area who do not Not --- Applicable have their own NPDES stormwater permit. The permittee included deemed-compliant Program reporting in their MS4 Annual Reports. N/A The permittee included deemed-compliant Program implementation in their Not Stormwater Management Plan. Applicable Comments Permit Citation Program Requirement Status Supporting Doc No. II.F.2.a The permittee maintained an ordinance or other regulatory mechanism designed Legal Authority to meet the objectives of the Post-Construction Site Runoff Controls Stormwater Yes 08 Management Program. If yes,the ordinance applies throughout the corporate limits of the permittee (Verify permit coverage area listed in Part I.D of permit and modify Yes 08 accordingly). The permittee has the authority to review designs and proposals for new development and redevelopment to determine whether adequate stormwater Yes 08 control measures will be installed,implemented,and maintained. The permittee has the authority to request information such as stormwater plans, inspection reports,monitoring results,and other information deemed necessary to Yes 08 evaluate compliance with the Post-Construction Stormwater Management Program. The permittee has the authority to enter private property for the purpose of inspecting at reasonable times any facilities,equipment,practices,or operations Yes 08 related to stormwater discharges. Comments(if the permittee relies upon another entity,specifically note the legal authority that allows that entity to implement the program within the MS4 area) LIDO Chapter 9.4 Environmental Protection II.F.2.b Stormwater Control The permittee utilizes strategies which include SCMs appropriate for the MS4. Yes 08 Measures(SCMs) SCMs comply with 15A NCAC 02H .1000. Yes 08 Audit Date(s): 10/16/2023—10/17/2023 Page 10 of 20 MS4 Permit Self Evaluation Report Ton of Knightdale, NC: NPDES Permit No. NCS000460 Post-Construction Site Runoff Controls Comments All SCMs are complaint with NC DEQ MDC as outlined in Chapter 9.4.G.7 II.F.2.c The permittee conducted site plan reviews of all new development and Plan Reviews redeveloped sites that disturb greater than or equal to one acre(including sites Yes --- that disturb less than one acre that are part of a larger common plan of development or sale). If yes,the site plan reviews addressed how the project applicant meets the Yes --- performance standards. If yes,the site plan reviews addressed how the project will ensure long-term Yes --- maintenance. Comments All plans are reviewed by SW staff alongside a third-Party Engineer for compliance with UDO and latest Stormwater Design Manual. II.F.2.d The permittee maintained an inventory of projects with post-construction Inventory of Projects structural stormwater control measures installed and implemented at new Yes 09,10,11 development and redeveloped sites. The inventory included both public and private sector sites located within the permittee's corporate limits that are covered by its post-construction ordinance Yes 09,10,11 requirements. Comments All SChns are tracked in the towns excel spreadsheet,GIS,CBI inspection software,and Excel Spreadsheet II.F.2.e The permittee provided mechanisms such as recorded deed restrictions and Deed Restrictions protective covenants that ensure development activities will maintain the project Yes 08 and Protective p p consistent with approved plans. Covenants Comments Linn 9_4_H_2_iii II.F.2.f The permittee implemented or required an operation and maintenance plan for Mechanism to Yes 08 the long-term operation of the SCMs required by the program. Require Long-term Operation and The operation and maintenance plan required the owner of each SCM to perform Yes 08 Maintenance and maintain a record of annual inspections of each SCM. Annual inspection of permitted structural SCMs are required to be performed by a Yes ()$ qualified professional. Comments UDv -Operation and Maintenance Agreement. 9.4.H.b.i—Inspections Audit Date(s): 10/16/2023—10/17/2023 Page 21 of 20 MS4 Permit Self Evaluation Report Ton of Knightdale, NC: NPDES Permit No. NCS000460 Post-Construction Site Runoff Controls II.F.2.e The permittee conducted and documented inspections of each project site covered Inspections of under performance standards,at least one time during the permit term(Verify this Yes 12 Structural is a permit condition in Part II.F.2.g of permit and modify accordingly). Stormwater Control Before issuing a certificate of occupancy or temporary certificate of occupancy,the Measures permittee conducted a post-construction inspection to verify that the permittee's performance standards have been met or a bond is in place to guarantee Yes 08 completion(Verify this is a permit condition in Part II.F.2.g of permit and modify accordingly. The permittee developed and implemented a written inspection program for SCMs installed pursuant to the post-construction program(Verify this is a permit Yes 13 condition in Part II.F.2.g of permit and modify accordingly. The permittee documented and maintained records of inspections. Yes --- The permittee documented and maintained records of enforcement actions. Yes 14 Comments All SCM facilities are inspected annually. Private SCM Owners submit annual reports completed by certified personnel,which we audit to confirm onsite conditions,performance,and inspector certifications. Inspections are logged in an excel tracking sheet,SharePoint folder,and CBI inspection software. Enforcement is tracked in a sperate spreadsheet which allows us to identify repeat offenders.All cases of enforcement are documented in the facilities site-specific SharePoint folder. CO Requirement—9.4.G.8 II.F.2.h The permittee made available through paper or electronic means,ordinances, Educational post-construction requirements,design standards checklists,and other materials Materials and appropriate for developers. Yes Website Training for Note:New materials may be developed by the permittee,or the permittee may use Developers materials adopted from other programs and adapted to the permittee's new development and redevelopment program. Comments(if the permittee has adopted materials from other programs,indicate here which materials they are using) Ordinances,Submittal Requirements, Design Requirements are all listed on the website and available upon request from the applicant. II.F.2.i Enforcement The permittee tracked the issuance of notices of violation and enforcement Yes 14 actions. If yes,the tracking mechanism included the ability to identify chronic violators Yes 14 for initiation of actions to reduce noncompliance. Comments Enforcement efforts are tracked in an excel spreadsheet which allows us to identify repeat offenders.All cases of enforcement are also documented in the specific facilities SharePoint folder. Audit Date(s): 10/16/2023—10/17/2023 Page 12 of 20 MS4 Permit Self Evaluation Report Ton of Knightdale, NC: NPDES Permit No. NCS000460 Post-Construction Site Runoff Controls II.F.3.b The permittee fully complies with post construction program requirements on its New Development own publicly funded construction projects. Yes --- Comments All public projects follow the same submittal and design requirements listed in the UDO. II.F.3.c Does the MS4 have areas draining to Nutrient Sensitive Waters(NSW)pursuant to Nutrient Sensitive 15A NCAC 02H .0150? Yes 08 Waters - If yes,does the permittee use SCMs that reduce nutrient loading in order to Yes 08 meet local program requirements. If yes,does the permittee also still incorporate the stormwater controls Yes 08 required for the project's density level. If yes,does the permittee also require documentation where it is not feasible to Yes 08 use SCMs that reduce nutrient loading. Comments(Provide reference for local requirements) UDO 9.4.G Standards 2) Nutrient Sensitive Waters 3) Neuse Nutrient Management 4) N and P,TSS 5)Control&Treatment of Runoff Volume 6) Partial offset and Nutrient Control Requirements 7)SCM Standards II.F.3.d The permittee ensured that the design volumes of SCMs take into account the Design Volume runoff at build out from all surfaces draining to the system. Yes 08 Where"streets"convey stormwater,the permittee designed SCMs to be sized to treat and control stormwater runoff from all surfaces draining to the SCM including Yes 08 streets,driveways,and other impervious surfaces. Comments 9.4.G.5.a:Stormwater systems shall be designed to control and treat the runoff volume generated from all surfaces by one inch of rainfall;the treatment volume.This treatment volume shall not exceed the maximum ponding depth and be drawn down pursuant to standards specific to each practice as provided in the Design Manual. Audit Date(s): 10/16/2023—10/17/2023 Page 13 of 20 MS4 Permit Self Evaluation Report Ton of Knightdale, NC: NPDES Permit No. NCS000460 Total Maximum Daily Loads (TMDLs) Staff Interviewed: Ike Archer,Stormwater Program Manager(Self Audit) (Name,Title, Role) Program Status: ❑ The permittee is not subject to an approved TMDL(skip the rest of this section). N The permittee is subject to an approved TMDL for: Nitrogen,Neuse River TMDL There N is ❑ is not a Waste Load Allocation(WLA)in the approved TMDL(If there is a WLA, then complete items II.N.1-5 below. If there is not a WLA,skip to item 11.1-1.6 below) Permit Citation Program Requirement Status supporting Doc No. II.H.3 TMDLs Within 12 months of final TMDL approval,the permittee's annual reports included a description of existing programs,controls,partnerships,projects and strategies to Yes address impaired waters. Within 12 months of final TMDL approval,the permittee's annual reports provided a brief explanation as to how the programs,controls,partnerships,projects and Yes 15 strategies address impaired waters. Comments Yes,Neuse Nitrogen Requirements are outlined in annual BIMS submittal.Current BIMS document does not capture all referenced information.This will be addressed through the submittal and implementation of the updated NMS-SWMP format. Nitrogen reduction requirements are listed in the Towns LIDO 9.4. II.H.4 TMDLs Within 24 months of final TMDL approval,the permittee's annual reports included an assessment of whether additional structural and/or non-structural BMPs are Yes --- necessary to address impaired waters. Within 24 months of final TMDL approval,the permittee's annual reports included a brief explanation as to how the programs,controls, partnerships,projects and Yes --- strategies address impaired waters. Comments Yes,Neuse Nitrogen Requirements are outlined in annual BIMS submittal.Current BIMS document does not capture all referenced information.This will be addressed through the submittal and implementation of the updated NMS-SWMP format. Nitrogen reduction requirements are listed in the Towns UDO 9.4. II.H.S TMDLs Within 36 months of final TMDL approval,the permittee's annual reports included a description of activities expected to occur and when activities are expected to Yes occur. Audit Date(s): 10/16/2023—10/17/2023 Page 14 of 20 MS4 Permit Self Evaluation Report Ton of Knightdale, NC: NPDES Permit No. NCS000460 Total Maximum Daily Loads (TMDLs) Comments Yes,Neuse Nitrogen Requirements are outlined in annual BIMS submittal.Current BIMS document does not capture all referenced information.This will be addressed through the submittal and implementation of the updated NMS-SWMP format. Nitrogen reduction requirements are listed in the Towns UDO 9.4. II.H.6 TMDLs If there is no Waste Load Allocation in the approved TMDL,the permittee evaluated strategies and tailored and/or expanded BMPs within the scope of the Not six minimum measures to enhance water quality recovery strategies in the Applicable watershed(s)to which the TMDL applies. The permittee described strategies and tailored and/or expanded BMPs in their Not Stormwater Management Plan and annual reports Applica" Comments Not applicable,as a Nitrogen WLA of 3.6 Ibs/acre/year is required for the Neuse. Audit Date(s): 10/16/2023—10/17/2023 Page 15 of 20 MS4 Permit Self Evaluation Report Ton of Knightdale, NC: NPDES Permit No. NCS000460 Site Visit Evaluation: Construction Site No. 1 Site/Project Name: Date and Time of Site Visit: SEC-000009-2022 Kn.ghtdait—..,..a, 1u/17/2023 10:00am Site/Project Address: Operator: Farmwell Road Beacon KG LLC Knightdale,NC 27545 Project Type(Commercial,Industrial,Residential,CIP,Roadway, etc.): Commercial NCG Permit ID Number: Disturbed Acreage: r4Lt3u1-ZUZS-ub1t$ 37.5 COC—NCC230518 Recent Enforcement Actions(Include Date): Name of MS4 Inspector(s)evaluated: NOV issued on 9/27/2023.This was a corrective action Domingo Orpilla,Construction Inspector completion inspection following the required deadline. Name(s)and Title(s)of Site Representative(s)Present During the Site Visit: Name Title Anthony Cummings Contractor,CHOATE Observations Site Documentation/Training Does the site have a Stormwater Pollution Prevention Plan(SWPPP)or similar document?Is it site-specific? Yes,NCG01 documents were located near the construction office in a permit box.All documents were reviewed prior to the inspection. Does the site have approved erosion and sedimentation control plans onsite?Are they representative of current site conditions? Yes,these were also located near the primary office in the permit box. What type of stormwater training do site employees receive?How often? unK, own, NCG01 InSPEuwnb wc1r L.urnNiCaCu by a Zachary Heverly with Sullivan. Inspector Training/Knowledge What type of stormwater training does the MS4 inspector receive?How often? NCDOT Level I&II Erosion Control Certificate NCSU BAE Training When Available Internal Training with SW Staff Audit Date(s): 10/16/2023—10/17/2023 Page 16 of 20 MS4 Permit Self Evaluation Report Ton of Knightdale, NC: NPDES Permit No. NCS000460 Site Visit Evaluation: Construction Site No. 1 Did the MS4 inspector appear knowledgeable about MS4 and NCGO10000 requirements for construction sites? Yes,the inspector was familiar with all NCG01 requirements and properly evaluated the onsite inspection records.All site plans and documents were also reviewed onsite prior to beginning the inspection. Did the MS4 inspector appear knowledgeable about erosion and sedimentation control/stormwater pollution prevention BMPs? es,the inspector thoroughly reviewed and dot.....:nted deficiencies around thr.site,checking all perimeter points of discharge and ESC measures. Inspection Procedures _ Does the MS4 inspector's process include the use of a checklist? Yes,the inspection checklist is located within IDT and guides the inspector through the entire documentation process. Does the MS4 inspector's process include taking photos? Yes,CBI allows the inspector to capture as many photos as required to document current field conditions and deficiencies. Does the MS4 inspector's process include reviewing approved plans(erosion and sedimentation control and/or SWPPP)? Yes,the' Spector reviewed plans onsite prior to the inspection,dnd referred to them when coordinating with the contractor. Does the MS4 inspector's process include walking the entire site and inspecting all points of discharge? Yes,the inspector evaluated the entire perimeter area and all ESC measures onsite. Did the MS4 inspector miss any obvious violations?If so,explain: No,this inspection resulted in a continuing violation being issued for offsite sedimentation in the buffer/stream area. Does the MS4 inspector's process include presenting the inspection findings to the site contact in writing? Yes,the contractor was called to walk site with us to review offsite sedimentation,and report with NOCV was sent the same day to FRO and contractor. Does the MS4 inspector's process include providing construction stormwater educational materials to the site contact? Yes,education materials are provided at all preconstruction meetings,and when enforcement is issued.The inspector also directs contractors to the Towns website where additional information can be found. Compliance/Enforcement What,if any,enforcement actions(verbal warnings, NOV,etc.)did the inspection result in? Notice of Continuing Violation—Initial NOV issued on 9/27/2023. During our inspection the deficiencies noted had not been adequately addressed. If compliance issues were identified,what timeline for correction/follow-up was provided? 21 days—completion deadline on 11/7/2023 Notes/Comments/Recommendations Audit Date(s): 10/16/2023—10/17/2023 Page 17 of 20 MS4 Permit Self Evaluation Report Ton of Knightdale, NC: NPDES Permit No. NCS000460 Site Visit Evaluation: Construction Site No. 1 The inspector was thorough in his review of plans and NCG01 documentation and took his time carefully inspecting the construction site. NOCV was issued due to ongoing deficiencies,which were identified and shown to onsite contractors. Inspector did a good job of communicating the issues to onsite personnel and ensuring they were aware of the NOV&NOCV being issued for the offsite sedimentation. Audit Date(s): 10/16/2023—10/17/2023 Page 18 of 20 Town of Knightdale,NC KNIGHTDALE Knightdale Gateway srmv,,,melhill TOK Construction Site Inspection Town of Knightdale, NC Construction Site Details Name: Knightdale Gateway Compliance: Notice of Violation Added: 03/14/2023 Previously Inspected On: 09/27/2023 Site Physical 5901 Farmwell Road,Knightdale, Tracking ID: SEC-000009-2022 Address: 27545,NC Inspection Properties Inspector: Domingo Orpilla Inspection ID: C-134304 Inspection Type: TOK Construction Site Inspection Inspection Date: 10/17/2023 Scheduled Inspection Date: 10/17/2023 Compliance Status: Notice of Violation Time In: 9:48 AM Time Out: 11:15 AM Follow Up Inspection Date: NA Stage of Construction: Rough Grading Does the site have adequate access for inspection Yes at this time?: Are all required SWPPP/NCG01 inspection and Yes Are all NCG01 Inspection records up to date? monitoring records on-site for review?: No -Self-inspection reports were not up to date,l0/1/2023 was the latest.Please ensure inspections occur once every 7 calendar days,and within 24hrs of any 1-inch rainfall event. Failure to conduct and maintain proper inspection records is a direct violation of your NCG01 permit. - Latest self-inspection report not mentioned about the offsite sediment on site. Are all construction entrances installed and Yes Are roads,gutter pans,and paved areas free of Yes maintained,as required?: excessive sediment?: Are silt fence and perimeter controls installed and Yes Are inlet and catch basin protections installed and Yes maintained,as required?: maintained,as required? 1 of 11 Town of Knightdale,NC Are Sediment Basins(including outlet structures, Are diversion ditches and slope drains installed, Yes skimmer,baffles,etc.)Installed and maintained as maintained,and functioning as required? required and functioning as designed? No SB-1 -some sections of the slope near the retaining wall at south side just regraded and stabilized but equipment tracks parallel to the slope. Are trash,debris and solid waste materials Yes Are concrete washouts installed and functioning Yes managed,as required?: as designed?: Are disturbed areas (e.g.slopes,stockpiles,inactive Are natural resource areas(e.g.streams,wetlands, areas)stabilized and maintained,as required?: riparian buffers,green space/RCA,etc.)free of adverse No impacts and protected as required? No -Multiple denuded areas were observed,please make sure all areas not currently being worked need to be Offsite sedimentation was observed on the stream on stabilized within the timeframes included in your the northside of TSB-2. Please make sure to clean the approved plan/NCG01 permit.(See attached photos) sediments by non-machinery techniques.(The same status since the previous NOV inspection report dated 9/27/2023) Does this site comply with dust control best Yes Are discharge points and receiving waters free of management practices?: sediment deposits?: No Offsite sedimentation was observed on the stream at the northside of TSB-2. Please make sure to clean the sediments by non-machinery techniques to avoid further enforcement. Are other/non-classified BMPs(if any) installed NA Is the site in compliance with the maximum Yes and maintained as required?: disturbed area limit?: Is withholding of permits recommended as a result No of this inspection? Notes: Notes:: -Offsite sedimentation was observed on the stream at northside of TSB-2.Anthony Cummings of Choate was there during the inspection the inspection and promised to address the issue. -During the inspection we discussed with Anthony Cummings of Choate about additional measures need to be installed at east side of SB-2 towards the stream to avoid severe impact downstream in every rainfall 2of11 Town of Knightdale,NC event, Ike Archer was there during the discussion. -Latest self-inspection report not mentioned about the offsite sediment on site. Positive Observations Notes: Some of the deficiencies noted on the previous NOV inspection report had been addressed. Deficiencies Noted Notes:: 1.Offsite sedimentation was observed on the stream on the northside of TSB-2. Please make sure to clean the sediments by non-machinery techniques as discussed on site with Anthony Cummings of Choate(The same status of offsite sediments since the previous NOV inspection report dated 9/27/2023) 2. Multiple denuded areas were observed,please make sure all areas not currently being worked need to be stabilized within the timeframes included in your approved plan/NCG01 permit.(See attached photos) Enforcement / Follow-Up Is any enforcement action needed at this time?: Yes Enforcement Issued: NOV Completion Deadline: 11/07/2023 Additional Information Weather Weather Condition: Mostly Clear Temperature(F): 56 Precipitation(in): 0 Precipitation Last 72 Hours(in): 0.58 Precipitation Last 24 Hours(in): 0 Contacts Anthony Cummings Contractor 910-733-0851 -Mobile Deane Smith Contractor 919-484-8993-Direct 919-484-0142-Mobile 3of11 Town of Knightdale,NC Jack R. Royal Jr. FRO 919-535-4058-Direct 757-469-8765-Mobile Matt Lucarelli Developer 704.926.1386 -Mobile Nicholas Lewis Contractor 919-225-2247-Mobile Timothy C.Shaughnessy FRO 704-597-7757-Direct Location No location to display. Photos Ilk •s - •i K- Iy. f1 7 4 of 11 Town of Knightdale,NC Ll w ,. �•,'7t�- t� -' -- .. . f �: '��`. � '�� :�-.Win_ �.��• „� �'N��-#- ■ 5of11 r - r T- CA OIL .t �, � •1 _ -�•,{ �'• �'. r'� •tip ��,•� � � ^t Fes" i Town of Knightdale,NC ANOR .i• L t- •r - �� .r��i' ��•�['+rya �� :a��hF.'� R i r=i• - 7of11 y P • rp •w l�.1 ��t ice- Town of Knightdale,NC :{ r a i t-jW f . � � ■ i � mow► „�� i• *., � '��, 1, 9of11 Town of Knightdale,NC �I Y � ' ^r ' �• �}+y�. it - = y S+N. r rY ;i r � ALI V-� ism „M7. TV ; 01 iG 'I I 10 of 11 Town of Knightdale,NC 6s, �fit; ills i 1 tIN. E �tj �I"3I•��'�;.ili' Fa:�j j.l ��ayl 1 ea� 1 � ... z v. —ai it c .� :I ? j` t I!41-I ! ... "i:• [�3i "�1 - -�:�: I - - `I it ,��.��•�,{`, +:.. x 11 of 11 ♦ KN IGHTDALE Town of Knightdale stoi,inwatel" 950 Steeple Square Ct. I Knightdale,NC 27545 KnightdaleNC.gov 1 919-217-2250 CERTIFIED MAIL RETURN RECEIPT REQUESTED Project Name: Knightdale Gateway Date: 10/17/2023 NOTICE OF CONTINUED VIOLATION SEC-000009-2022 The following items were observed during our site inspection on(10/17/2023) 1. Failure to prevent offsite sedimentation: 0 96.07(e)"All land-disturbing activity is to be planed and conducted to prevent off.-site sedimentation damage." ■ 1.Offsite sedimentation was observed on the stream on the northside of TSB-2.Please make sure to clean the sediments by non-machinery techniques as discussed on site with Anthony Cummings of Choate (The same status of offsite sediments since the previous NOV inspection report dated 9/27/2023) 2. Failure to maintain erosion control measures: 0 Sec 96.13"Doing the development of a site,the person conducting the land-disturbing activity shall install and maintain all temporary and pemanent erosion and sedimentation control monsues as reared by the approved plan or arty provision of this chapter,the Act,or arty orcler adopted pursuant to this chapter or the Act.After site development,the Ianchw"or person in possession or control of the land shall install ardor rreirriain all necessary permanent erosion and sediment cordrd measures,accept time measures installed within a road or street right-cf-voy or Gernert accepted for maintenance by a govenrnertal agency." ■ SBA -some sections of the slope near the retaining wall at south side just regraded and stabilized but equipment tracks parallel to the slope. 3. Failure to provide adequate ground cover: 0 9R05 d WV enever landdsturbirg activity that will disturb more than one acre,or less than one acre as part of a larger ccx rnon plan of development,is undertaken on a tract, the person conduating the land-disturbing activity shall install erosion and sedimentation control deices and practices that are sufficient to retain the sediment generated by the lanrldstuting activity within the baumdaries of the tnad doing construction upon and development of the tract, and shill plant or dherise provide a perenert ground cover sufficient to restrain erosion after completion of costrc>ction or development. Except as provided In Section96.0B(cx4), provisions for a permanent ground corer sufficient to restrain erosion roust be accomplished vANn 90 calendar days f cladng completion of construction or development." ■ Multi pie denuded areas were observed,please make sure all areas not currently being worked need to be stabilized within the timeframes included in your approved plan/NCG01 permit.(See attached photos) CORRECTIVE ACTIONS:To bring this project back into compliance the following items must be accomplished by(111`7/2023) 1. Offsite sedimentation was observed on the stream at the northside of TSB-2.Please make sure to clean the sediments by non- machinery techniques as discussed on site with Anthony Cummings of Choate. Please contact John Stover if you have any questions or concerns.He can be reached at 919-349-2521 or by email at john.stover@knightdalenc.gov. Domingo Orpilla Construction Inspector Town of Knightdale I KnightdaleNC.gov Domingo.Orpilla@KnightdaleNC.gc j 919-217-2254 Created with idtPlans Review Knightdale Gateway Page 1 of 1 10/17/23 MS4 Permit Self Evaluation Report Ton of Knightdale, NC: NPDES Permit No. NCS000460 APPENDIX A: SUPPORTING DOCUMENTS Audit Date(s): 10/16/2023—10/17/2023 Page 19 of 20 MS4 Permit Self Evaluation Report Ton of Knightdale, NC: NPDES Permit No. NCS000460 APPENDIX B: PHOTOGRAPH LOG Audit Date(s): 10/16/2023—10/17/2023 Page 20 of 20 i n n n 0 CL w rr O r+ m I W O� 00 O cc C m N O Ln V1 OQ (D (D s CrQ OQ fD C N N C OQ 7 a (' CD Q C M n 3 O CL O O O fD r O tun (DD rt 3 Q v .O• O y' O O p -s r�r � O v 7 -h S p N Q Q Z a Q �' CHAPTER 96. EROSION AND SEDIMENTATION CONTROL c-.. nC n4 r:&I- This chapter may be cited as the Town's Soil Erosion and Sedimentation Control Ordinance. (Ord. No.21-11-01-001, 11-1-21;Ord. No.21-12-15-001, 12-15-21) Sec.96.02.Purpose. This chapter is adopted for the purposes of: (a) Regulating certain land-disturbing activity to control accelerated erosion and sedimentation in order to prevent the pollution of water and other damage to lakes,watercourses,and other public and private property by sedimentation;and (b) Establishing procedures through which these purposes can be fulfilled. (Ord.No.21-11-01-001, 11-1-21;Ord.No.21-12-15-001, 12-15-21) 96.03.Definitions. As used in this chapter, unless the context clearly indicates otherwise,the following definitions apply: Accelerated erosion means any increase over the rate of natural erosion as a result of land-disturbing activity. Act means the North Carolina Sedimentation Pollution Control Act of 1973 and all rules and orders adopted pursuant to it. Adequate erosion control measure, structure, or devicemeans one which controls the soil material within the land area under responsible control of the person conducting the land-disturbing activity. Affiliate means a person that directly,or indirectly through one or more intermediaries, controls, is controlled by,or is under common control of another person. Approving authority means the division or other state or a local government agency that has been delegated erosion and sedimentation plan review responsibilities in accordance with the provisions of the Act. Being conducted means a land-disturbing activity has been initiated and not deemed complete by the approving authority. Borrow means fill material that is required for on-site construction that is obtained from other locations. Buffer zone means the strip of land adjacent to a lake or natural watercourse. Coastal counties means the following counties: Beaufort, Bertie, Brunswick,Camden, Carteret,Chowan, Craven, Currituck, Dare,Gates, Hertford, Hyde,New Hanover,Onslow, Pamlico, Pasquotank, Pender, Perquimans,Tyrrell and Washington. Commission means the North Carolina Sedimentation Control Commission. Completion of construction or development means that no further land-disturbing activity is required on a phase of a project except that which is necessary for establishing a permanent ground cover. Department means the North Carolina Department of Environmental Quality. Director means the Director of the Division of Energy, Mineral and Land Resources of the Department of Environmental Quality. Discharge point or point of dischargemeans that point where runoff leaves a tract of land where a land-disturbing activity has occurred or enters a lake or natural watercourse. District means the Wake County Soil and Water Conservation District created pursuant to G.S.Ch. 139. Energy dissipator means a structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow. Erosion means the wearing away of land surfaces by the action of wind,water,gravity,or any combination thereof. Ground cover means any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. High quality waters means those classified as such in 15A NCAC 02B.0224,which is herein incorporated by reference including subsequent amendments and additions. High quality water(HQK9 zones means,for the coastal counties,areas within 575 feet of high quality waters;and for the remainder of the state, areas within one mile and draining to HQW's. Lake or natural watercourse means any stream, river, brook,swamp,sound, bay,creek, run,branch, canal,waterway, estuary,and any reservoir, lake or pond. 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. Local government means any county, incorporated village,town or city,or any combination of counties, incorporated villages,towns,and cities, acting through a joint program pursuant to the provisions of the Act. Natural erosion means the wearing away of the earth's surface by water,wind,or other natural agents under natural environmental conditions undisturbed by man. Parent means an affiliate that directly or indirectly,through one or more intermediaries,controls another person. Person means any individual, partnership,firm, association,joint venture, public or private corporation,trust,estate, commission, board,public or private institution, utility,cooperative, interstate body,or other legal entity. Person conducting the land-disturbing activity means any person who may be held responsible for violation unless expressly provided otherwise by this chapter,the Act,or any order adopted pursuant to this chapter or the Act. Person who violates or violatoras used in G.S. 113A-64, means any landowner or other person who has financial or operational control over the land-disturbing activity;or who has directly or indirectly allowed the activity,and who has failed to comply with any provision of the Act,the rules of this chapter or any order or local ordinance adopted pursuant to the Act as it imposes a duty upon that person. Plan means an erosion and sedimentation control plan. Sediment means solid particulate matter, both mineral and organic,that has been or is being transported by water, air, gravity, or ice from its site of origin. Sedimentation means the process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land-disturbing activity or into a lake or natural watercourse. Siltation means sediment resulting from accelerated erosion which is settleable or removable by properly designed, constructed,and maintained control measures;and which has been transported from its point of origin within the site of a land-disturbing activity;and which has been deposited,or is in suspension in water. Storm drainage facilities means the system of inlets, conduits,channels,ditches and appurtenances which serve to collect and convey storm water through and from a given drainage area. Storm water runoff means the runoff of water resulting from precipitation in any form. Subsidiary means an affiliate that is directly or indirectly,through one or more intermediaries,controlled by another person. Ten-year storm means a rainfall of an intensity that,based on historical data, is predicted by a method acceptable to the approving authority to be equaled or exceeded,on the average,once in ten years,and of a duration that will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions. Tract means all contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership. Twenty-five year storm means a rainfall of an intensity that, based on historical data, is predicted by a method acceptable to the approving authority to be equaled or exceeded,on the average,once in 25 years,and of a duration that will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions. Uncovered means the removal of ground cover from, on,or above the soil surface. Undertaken means the initiating of any activity, or phase of activity,which results or will result in a change in the ground cover or topography of a tract of land. Velocity means the speed of flow through a cross-section perpendicular to the direction of the main channel at the peak flow of the storm of interest but not exceeding bank full flows. Waste means surplus materials resulting from on-site land-disturbing activities and being disposed of at other locations. (Ord. No.21-11-01-001, 11-1-21;Ord. No.21-12-15-001, 12-15-21) Sec.96.04.Scope and exclusions. Geographical scope of regulated land-disturbing activity.The erosion and sedimentation control regulations of this chapter shall apply to all land disturbing activities defined in division(a)of this section located within the territorial jurisdiction of the Town,and to the extraterritorial jurisdiction of the town as allowed by agreement between local governments,the extent of annexation or other appropriate legal instrument or law. (a) Applicability. Excluding the exceptions noted in division (b)of this section,the erosion and sedimentation control regulations of this chapter shall apply to all disturbances of land equal to or greater than one acre,and to land disturbances of less than one acre that are part of a larger common plan of development or sale,without limitation a subdivision. (b) Exclusions from regulated land-disturbing activity.Notwithstanding the general applicability of this chapter to all land- disturbing activity,this chapter shall not apply to the following types of land-disturbing activity: (1) Activities, including the production and activities relating or incidental to the production of crops,grains,fruits, vegetables,ornamental and flowering plants,dairy,livestock, poultry, and all other forms of agriculture undertaken on agricultural land for the production of plants and animals useful to man, including, but not limited to: (i) Forage and sod crops,grain and feed crops,tobacco, cotton,and peanuts. (ii) Dairy animals and dairy products. (iii) Poultry and poultry products. (iv) Livestock, including beef cattle, llamas,sheep,swine, horses, ponies, mules,and goats. (v) Bees and apiary products. (vi) Fur producing animals. (vii) Mulch,ornamental plants,and other horticultural products. For purposes of this section,mulch means substances composed primarily of plant remains or mixtures of such substances. (2) An activity undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with standards defined by the Forest Practice Guidelines Related to Water Quality(best management practices),as adopted by the North Carolina Department of Agriculture and Consumer Services. If land-disturbing activity undertaken on forestland for the production and harvesting of timber and timber products is not conducted in accordance with standards defined by the Forest Practice Guidelines Related to Water Quality,the provisions of this chapter shall apply to such activity and any related land-disturbing activity on the tract. (3) An activity for which a permit is required under the Mining Act of 1971, G.S.Ch.74,Art.7. (4) A land-disturbing activity over which the state has exclusive regulatory jurisdiction as provided in G.S. 113A-56(a). (5) An activity which is essential to protect human life during an emergency. (6) Activities undertaken to restore the wetland functions of converted wetlands to provide compensatory mitigation to offset impacts permitted under Section 404 of the Clean Water Act. (7) Activities undertaken pursuant to Natural Resources Conservation Service standards to restore the wetlands functions of converted wetlands as defined in Title 7 Code of Federal Regulations§ 12.2. (c) Plan approval requirement for land-disturbing activity.No person shall undertake any land-disturbing activity subject to this chapter without first obtaining a plan approval therefor from the Town. (d) Protection of property.Persons conducting land-disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity. (e) More restrictive rules shall apply.Whenever conflicts exist between federal, state,or local laws,ordinance,or rules, the more restrictive provision shall apply. (f) Plan approval exceptions.Notwithstanding the general requirement to obtain a plan approval prior to undertaking land- disturbing activity,a plan approval shall not be required for land-disturbing activity that does not exceed one(1)acre and is not part of a larger common plan of development. In determining the area, lands under one or diverse ownership being developed as a unit will be aggregated. (g) Compliance regardless of land disturbance permit requirements.Erosion control devices must be installed to prevent any offsite sedimentation for any construction site regardless of the size of the land disturbance.Land-disturbing activity for which a land disturbance permit is not required must still comply with the erosion and sedimentation control regulations of this chapter,unless specifically excluded in this section. (Ord. No.21-11-01-001, 11-1-21;Ord. No.21-12-15-001, 12-15-21; Ord. No.22-03-16-002,3-16-22) Sec.96.05.Mandatory standards for land-disturbing activity. No land-disturbing activity subject to the control of this chapter shall be undertaken except in accordance with the following mandatory standards: (a) Buffer zone. (1) Standard buffer.No land-disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is provided along the margin of the watercourse of sufficient width to confine visible siltation within the twenty-five percent(25%)of the buffer zone nearest the land-disturbing activity. (i) Projects on, over or under water.This division shall not apply to a land-disturbing activity in connection with the construction of facilities to be located on,over,or under a lake or natural watercourse. (ii) Buffer measurement. Unless otherwise provided,the width of a buffer zone is measured horizontally from the edge of the water to the nearest edge of the disturbed area,with the twenty-five percent(25%)of the strip nearer the land- disturbing activity containing natural or artificial means of confining visible siltation. (b) Graded slopes and fills.The angle for graded slopes and fills shall be no greater than the angle that can be retained by vegetative cover or other adequate erosion control devices or structures. In any event,slopes left exposed will,within 21 calendar days of completion of any phase of grading, be planted or otherwise provided with temporary or permanent ground cover,devices,or structures sufficient to restrain erosion.The angle for graded slopes and fills must be demonstrated to be stable. Stable is the condition where the soil remains in its original configuration,with or without mechanical constraints. (c) Fill material.Materials being used as fill shall be consistent with those described in 15A NCAC 1313.0562 unless the site is permitted by the Department's Division of Waste Management to operate as a landfill. Not all materials described in Section .0562 may be suitable to meet geotechnical considerations of the fill activity and should be evaluated accordingly. (d) Ground cover.Whenever land-disturbing activity that will disturb more than one acre,or less than one acre as part of a larger common plan of development,is undertaken on a tract,the person conducting the land-disturbing activity shall install erosion and sedimentation control devices and practices that are sufficient to retain the sediment generated by the land-disturbing activity within the boundaries of the tract during construction upon and development of the tract,and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development. Except as provided in Section 96.08(c)(4), provisions for a permanent ground cover sufficient to restrain erosion must be accomplished within 90 calendar days following completion of construction or development. (e) Prior plan approval. No person shall initiate any land-disturbing activity subject to this chapter unless,thirty(30)or more days prior to initiating the activity,a plan for the activity is filed with and approved by the Town.An erosion and sedimentation control plan may be filed less than 30 days prior to initiation of a land-disturbing activity if the plan is submitted under an approved express permit program.The land-disturbing activity may be initiated and conducted in accordance with the plan once the plan has been approved.The town shall forward to the Director of the Division of Water Resources a copy of each plan for a land-disturbing activity that involves the utilization of ditches for the purpose of dewatering or lowering the water table of the tract. (f) The land-disturbing activity shall be conducted in accordance with the approved erosion and sedimentation control plan. (Ord.No.21-11-01-001, 11-1-21;Ord. No.21-12-15-001, 12-15-21) Sec.96.06.Erosion and sedimentation control plans. (a) Plan submission.A plan shall be prepared for all land-disturbing activities that will result in the disturbance of land equal to or greater than one(1)acre,or that will result in the land disturbance of less than one(1)acre if part of a larger common plan of development or sale, including without limitation, a subdivision. (b) Financial responsibility and ownership.Plans shall be disapproved unless accompanied by an authorized statement of financial responsibility and documentation of property ownership.This statement shall be signed by the person financially responsible for the land-disturbing activity or his attorney in fact.The statement shall include the mailing and street addresses of the principal place of business of:(1)the person financially responsible;(2)the owner of the land;and(3)any registered agents. If the person financially responsible is not a resident of North Carolina, a North Carolina agent must be designated in the statement for the purpose of receiving notice of compliance or non-compliance with the plan,the Act,this chapter,or rules or orders adopted or issued pursuant to this chapter. Except as provided in divisions(c)or(k)of this section, if the applicant is not the owner of the land to be disturbed,the draft erosion and sedimentation control plan must include the owner's written consent for the applicant to submit a draft erosion and sedimentation control plan and to conduct the anticipated land-disturbing activity. (c) If the applicant is not the owner of the land to be disturbed and the anticipated land-disturbing activity involves the construction of utility lines for the provision of water,sewer,gas,telecommunications,or electrical service,the draft erosion and sedimentation control plan may be submitted without the written consent of the owner of the land,so long as the owner of the land has been provided prior notice of the project. (d) Environmental Policy Act document.Any plan submitted for a land-disturbing activity for which an environmental document is required by the North Carolina Environment Policy Act(G.S. 113A-1 et seq.)shall be deemed incomplete until a complete environmental document is available for review.The Town shall promptly notify the person submitting the plan that the 30-day time limit for review of the plan pursuant to this chapter shall not begin until a complete environmental document is available for review. (e) Content.The plan required by this section shall contain architectural or engineering drawings, maps, assumptions, calculations,and narrative statements as needed to adequately describe the proposed development of the tract and the measures planned to comply with the requirements of this chapter. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for plan preparation may be obtained from the Town on request. (f) Timeline for decisions on plans.The Town will review each complete plan submitted to them and within thirty(30)days of receipt thereof will notify the person submitting the plan that it has been approved,approved with modifications,or disapproved. Failure to approve,approve with modifications,or disapprove a complete plan within thirty(30)days of receipt shall be deemed approval.The Town will review each revised plan submitted to them and within fifteen(15)days of receipt thereof will notify the person submitting the plan that it has been approved,approved with modifications,or disapproved. Failure to approve,approve with modifications,or disapprove a revised plan within 15 days of receipt shall be deemed approval. (g) Approval. The Town shall only approve a plan upon determining that it complies with all applicable state and local regulations for erosion and sedimentation control.Approval assumes the applicant's compliance with the federal and state water quality laws, regulations and rules.The Town shall condition approval of plans upon the applicant's compliance with federal and state water quality laws, regulations and rules.The Town may establish an expiration date, not to exceed three (3)years,for plans approved under this chapter whereby no land-disturbing activity has been undertaken. (h) Disapproval for content.The Town may disapprove a plan or draft plan based on its content.A disapproval based upon a plan's content must specifically state in writing the reasons for disapproval. (i) Other disapprovals.The Town shall disapprove an erosion and sedimentation 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 Town may disapprove an erosion and sedimentation control plan or disapprove a transfer of a plan under division(k)of this section 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 of violation of a plan previously approved by the Commission or a local government pursuant to this chapter 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 chapter or a local ordinance adopted pursuant to this chapter 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 chapter. (4) Has failed to substantially comply with state rules or local ordinances and regulations adopted pursuant to this chapter. In the event that an erosion and sedimentation control plan or a transfer of a plan is disapproved by the Town pursuant to division Q)of this section,the local government shall so notify the Director of the Division of Energy, Mineral,and Land Resources within 10 days of the disapproval.The Town shall advise the applicant or the proposed transferee and the Director in writing as to the specific reasons that the plan was disapproved.Notwithstanding the provisions of Section 96.16(a),the applicant may appeal the local government's disapproval of the plan directly to the Commission. For purposes of this section,an applicant's record or the proposed transferee's record may be considered for only the two years prior to the application date. 0) Transfer of plans.The Town administering an erosion and sedimentation control program may transfer an erosion and sedimentation control plan approved pursuant to this section without the consent of the plan holder to a successor-owner of the property on which the permitted activity is occurring or will occur as provided in this section. (1) The Town may transfer a plan if all of the following conditions are met: (i) The successor-owner of the property submits to the local government a written request for the transfer of the plan including a copy of the current owner corporation's dissolution or other records to support the assertion that the current rights holder is no longer in business or has abandoned the project,and an authorized statement of financial responsibility and ownership. (ii) The Town finds all of the following: a. The plan holder is one of the following: 1. A natural person who is deceased. 2. A partnership, limited liability corporation,corporation,or any other business association that has been dissolved. 3. A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur. 4. A person who has sold the property on which the permitted activity is occurring or will occur. b. The successor-owner holds title to the property on which the permitted activity is occurring or will occur. c. The successor-owner is the sole claimant of the right to engage in the permitted activity. d. There will be no substantial change in the permitted activity. (2) The plan holder shall comply with all terms and conditions of the plan until such time as the plan is transferred. (3) The successor-owner shall comply with all terms and conditions of the plan once the plan has been transferred. (4) Notwithstanding changes to law made after the original issuance of the plan,the Town may not impose new or different terms and conditions in the plan without the prior express consent of the successor-owner. Nothing in this section shall prevent the Town from requiring a revised plan pursuant to G.S. 113A-54.1 (b). (k) Notice of activity initiation.No person may initiate a land-disturbing activity before notifying the agency that issued the plan approval of the date that land-disturbing activity will begin. (1) Preconstruction conference. Prior to any land disturbing activity,a preconstruction conference shall be held on site. (m) Display of plan approval.A plan approval issued under this chapter shall be prominently displayed until all construction is complete,all temporary measures have been removed,all permanent sedimentation and erosion control measures are installed,and the site has been stabilized.A copy of the approved plan shall be kept on file at the job site. (n) Required revisions.After approving a plan, if the Town,either upon review of such plan or on inspection of the job site,determines that a significant risk of accelerated erosion or off-site sedimentation exists,the Town shall require a revised plan. Pending the preparation of the revised plan,work shall cease or shall continue under conditions outlined by the appropriate authority. If following commencement of a land-disturbing activity pursuant to an approved plan,the Town determines that the plan is inadequate to meet the requirements of this chapter,the Town may require any revision of the plan that is necessary to comply with this chapter. (o) Amendment to a plan.Applications for amendment of a plan in written and/or graphic form may be made at any time under the same conditions as the original application. Until such time as the amendment is approved by the Town,the land- disturbing activity shall not proceed except in accordance with the plan as originally approved. (p) Failure to file a plan.Any person engaged in land-disturbing activity who fails to file a plan in accordance with this chapter,or who conducts a land-disturbing activity except in accordance with provisions of an approved plan shall be deemed in violation of this chapter. (q) Self-inspections.The landowner,the financially responsible party, or the landowner's or the financially responsible party's agent shall perform an inspection of the area covered by the plan after each phase of the plan has been completed and after establishment of temporary ground cover in accordance with G.S. 113A-57(2). In addition,weekly and rain-event self-inspections are required by federal regulations,that are implemented through the NPDES Construction General Permit No.NCG 010000.The person who performs the inspection shall maintain and make available a record of the inspection at the site of the land-disturbing activity.The record shall set out any significant deviation from the approved erosion control plan,identify any measures that may be required to correct the deviation,and document the completion of those measures. The record shall be maintained until permanent ground cover has been established as required by the approved erosion and sedimentation control plan.The inspections required by this section shall be in addition to inspections required by G.S. 113A- 61.1. Where inspections are required by division(r)of this section or G.S. 11 3A-54.1(e),the following apply: (1) The inspection shall be performed during or after each of the following phases of the plan: (i) Initial installation of erosion and sediment control measures; (ii) Clearing and grubbing of existing ground cover; (iii) Completion of any grading that requires ground cover; (iv) Completion of all land-disturbing activity,construction,or development, including permanent ground cover establishment and removal of all temporary measures;and (v) Transfer of ownership or control of the tract of land where the erosion and sedimentation control plan has been approved and work has begun.The new owner or person in control shall conduct and document inspections until the project is permanently stabilized as set forth in division (q)(1)(iii)of this section. (2) Documentation of self-inspections performed under division(q)(1)of this section shall include: (i) Visual verification of ground stabilization and other erosion control measures and practices as called for in the approved plan; (ii) Verification by measurement of settling basins,temporary construction entrances,energy dissipators,and traps. (iii) The name,address, organization affiliation,telephone number,and signature of the person conducting the inspection and the date of the inspection shall be included,whether on a copy of the approved erosion and sedimentation control plan or an inspection report.A template for an example of an inspection and monitoring report is provided on the DEMLR website at:hfps://deq.nc.ijov/about/divisions/energv-mineral-land-resources/erosion-sediment-control/forms.The person responsible for conducting these inspections shall have or obtain at least one NCDOT recognized erosion and sedimentation control certification.Any documentation of inspections that occur on a copy of the approved erosion and sedimentation control plan shall occur on a single copy of the plan and that plan shall be made available on the site. (iv) A record of any significant deviation from any erosion or sedimentation control measure from that on the approved plan. For the purpose of this division,a significant deviation means an omission,alternation,or relocation of an erosion or sedimentation control measure that prevents it from performing as intended.The record shall include measures required to correct the significant deviation, along with documentation of when those measures were taken. Deviations from the approved plan may also be recommended to enhance the intended performance of the sedimentation and erosion control measures. (Ord. No.21-11-01-001, 11-1-21;Ord. No.21-12-15-001, 12-15-21) Sec.96.07.Basic control objectives. An erosion and sedimentation control plan may be disapproved if the plan fails to address the following control objectives: (a) Identify critical areas.On-site areas which are subject to severe erosion,and off-site areas which are especially vulnerable to damage from erosion and/or sedimentation,are to be identified and receive special attention. (b) Limit time of exposure.All land-disturbing activities are to be planned and conducted to limit exposure to the shortest time specified in G.S. 113A-57,the rules of this chapter,or as directed by the approving authority. (c) Limit exposed areas.All land-disturbing activity is to be planned and conducted to minimize the size of the area to be exposed at any one time. (d) Control surface water.Surface water runoff originating upgrade of exposed areas should be controlled to reduce erosion and sediment loss during the period of exposure. (e) Control sedimentation.All land-disturbing activity is to be planned and conducted to prevent off-site sedimentation damage. (f) Manage storm water runoff.Plans shall be designed so that any increase in velocity of storm water runoff resulting from a land-disturbing activity will not result in accelerated erosion of the receiving storm water conveyance or at the point of discharge. Plans shall include measures to prevent accelerated erosion within the project boundary and at the point of discharge. (Ord. No.21-11-01-001, 11-1-21;Ord. No.21-12-15-001, 12-15-21) Sec.96.08.Design and performance standards. (a) Except as provided in division(b)(2)and(c)(1)of this section,erosion and sedimentation control measures, structures,and devices shall be planned,designed,and constructed to provide protection from the calculated maximum peak rate of runoff from the ten-year storm. Runoff rates shall be calculated using the procedures in the latest edition of the United States Department of Agriculture, Natural Resources Conservation Service's"National Engineering Field Handbook", or other acceptable calculation procedures. (b) HQW zones. In high quality water(HQW)zones the following design standards shall apply: (1) Limit on uncovered area.Uncovered areas in HQW zones shall be limited at anytime to a maximum total area of twenty acres within the boundaries of the tract.Only the portion of the land-disturbing activity within a HQW zone shall be governed by this section. Larger areas may be uncovered within the boundaries of the tract with the written approval of the Director upon providing engineering justification with a construction sequence that considers phasing, limiting exposure, weekly submitted self-inspection reports,and a more conservative design than the twenty-five year storm. (2) Maximum peak rate of runoff protection.Erosion and sedimentation control measures,structures,and devices within HQW zones shall be planned,designed and constructed to provide protection from the runoff of the twenty-five year storm which produces the maximum peak rate of runoff as calculated according to procedures in the latest edition of the United States Department of Agriculture Natural Resources Conservation Service's"National Engineering Field Handbook"or according to procedures adopted by any other agency of this state or the United States or any generally recognized organization or association. (3) Sediment basin design. Sediment basins within HQW zones shall be designed and constructed according to the following criteria: (i) Use a surface withdrawal mechanism, except when the basin drainage area is less than 1.0 acre; (ii) Have a minimum of 1,800 cubic feet of storage area per acre of disturbed area; (iii) Have a minimum surface area of 325 square feet per cfs of the twenty-five year storm(Q25)peak flow; (iv) Have a minimum dewatering time of 48 hours; (v) Incorporate 3 baffles,unless the basin is less than 20 feet in length,in which case 2 baffles shall be sufficient. Upon a written request of the applicant,the Director may allow alternative design and control measures in lieu of meeting the conditions required in divisions(b)(3)(ii)through(b)(3)(v)of this section if the applicant demonstrates that meeting all of those conditions will result in design or operational hardships and that the alternative measures will provide an equal or more effective level of erosion and sediment control on the site.Alternative measures may include quicker application of ground cover, use of sediment flocculants, and use of enhanced ground cover practices. (4) Grade. Newly constructed open channels in HQW zones shall be designed and constructed with side slopes no steeper than two horizontal to one vertical if a vegetative cover is used for stabilization unless soil conditions permit a steeper slope or where the slopes are stabilized by using mechanical devices,structural devices or other forms of ditch liners proven as being effective in restraining accelerated erosion. In any event,the angle for side slopes shall be sufficient to restrain accelerated erosion. (Ord. No.21-11-01-001, 11-1-21; Ord. No.21-12-15-001, 12-15-21; Ord.No.22-03-16-002,3-16-22) Sec.96.09.Storm water outlet protection. (a) Intent.Stream banks and channels downstream from any land disturbing activity shall be protected from increased degradation by accelerated erosion caused by increased velocity of runoff from the land disturbing activity. (b) Performance standard. Persons shall conduct land-disturbing activity so that the post construction velocity of the 10- year storm runoff in the receiving watercourse to the discharge point does not exceed the greater of: (1) The velocity established by the Maximum Permissible Velocities Table set out within this section;or (2) The velocity of the ten-year storm runoff in the receiving watercourse prior to development. If divisions(b)(1)or(b)(2)of this section cannot be met,then the receiving watercourse to and including the discharge point shall be designed and constructed to withstand the expected velocity anywhere the velocity exceeds the"prior to development"velocity by 10%. Maximum Permissible Velocities Table The following is a table for maximum permissible velocity for storm water discharges in feet per second(F.P.S.)and meters per second(M.P.S.): Material F.P.S. M.P.S Material F.P.S. M.P.S Fine sand (noncolloidal) 2.5 0.8 Sandy loam (noncolloidal) 2.5 0.8 Silt loam(noncolloidal) 3.0 0.9 Ordinary firm loam 3.5 1.1 Fine gravel 5.0 1.5 Stiff clay(very colloidal) 5.0 1.5 Graded,loam to cobbles(noncolloidal) 5.0 1.5 Graded,silt to cobbles(colloidal) 5.5 1.7 Alluvial silts(noncolloidal) 3.5 1.1 Alluvial silts(colloidal) 5.0 1.5 Coarse gravel(noncolloidal) 6.0 1.8 Cobbles and shingles 5.5 1.7 Shales and hard pans 6.0 1.8 Source-Adapted from recommendations by Special Committee on Irrigation Research,American Society of Civil Engineers, 1926,for channels with straight alignment. For sinuous channels, multiply allowable velocity by 0.95 for slightly sinuous, by 0.9 for moderately sinuous channels,and by 0.8 for highly sinuous channels. (c) Acceptable management measures.Measures applied alone or in combination to satisfy the intent of this section are acceptable if there are no objectionable secondary consequences.The Town recognizes that the management of storm water runoff to minimize or control downstream channel and bank erosion is a developing technology. Innovative techniques and ideas will be considered and may be used when shown to have the potential to produce successful results. Some alternatives,while not exhaustive,are to: (1) Avoid increases in surface runoff volume and velocity by including measures to promote infiltration to compensate for increased runoff from areas rendered impervious; (2) Avoid increases in storm water discharge velocities by using vegetated or roughened swales and waterways in place of closed drains and high velocity paved sections; (3) Provide energy dissipators at outlets of storm drainage facilities to reduce flow velocities to the point of discharge; (4) Protect watercourses subject to accelerated erosion by improving cross sections and/or providing erosion-resistant lining;and (5) Upgrade or replace the receiving device structure or watercourse such that it will receive and conduct the flow to a point where it is no longer subject to degradation from the increased rate of flow or increased velocity. (d) Exceptions.This rule shall not apply where it can be demonstrated to the Town that storm water discharge velocities will not create an erosion problem in the receiving watercourse. (Ord. No.21-11-01-001, 11-1-21;Ord. No.21-12-15-001, 12-15-21;Ord. No.22-03-16-002,3-16-22) Sec.96.10.Borrow and waste areas. If the same person conducts the land-disturbing activity and any related borrow or waste activity,the related borrow or waste activity shall constitute part of the land-disturbing activity, unless the borrow or waste activity is regulated under the Mining Act of 1971, G.S.Ch.74,Art.7,or is a landfill regulated by the Division of Waste Management. If the land-disturbing activity and any related borrow or waste activity are not conducted by the same person,they shall be considered by the approving authority as separate land-disturbing activities. (Ord. No.21-11-01-001, 11-1-21;Ord. No.21-12-15-001, 12-15-21) Sec.96.11.Access and haul roads. Temporary access and haul roads,other than public roads,constructed or used in connection with any land-disturbing activity shall be considered a part of such activity. (Ord. No.21-11-01-001, 11-1-21;Ord.No.21-12-15-001, 12-15-21) Sec.96.12.Operations in lakes or natural watercourses. Land-disturbing activity in connection with construction in,on,over,or under a lake or natural watercourse shall minimize the extent and duration of disruption of the stream channel.Where relocation of a stream forms an essential part of the proposed activity,the relocation shall minimize changes in the stream flow characteristics. (Ord. No.21-11-01-001, 11-1-21;Ord. No.21-12-15-001, 12-15-21) Sec.96.13.Responsibility for maintenance. During the development of a site,the person conducting the land-disturbing activity shall install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan or any provision of this chapter,the Act,or any order adopted pursuant to this chapter or the Act.After site development,the landowner or person in possession or control of the land shall install and/or maintain all necessary permanent erosion and sediment control measures,except those measures installed within a road or street right-of-way or easement accepted for maintenance by a governmental agency. (Ord. No.21-11-01-001, 11-1-21;Ord. No.21-12-15-001, 12-15-21) Sec.96.14.Additional measures. Whenever the Town determines that accelerated erosion and sedimentation continues despite the installation of protective practices,they shall direct the person conducting the land-disturbing activity to take additional protective action necessary to achieve compliance with the conditions specified in the Act or its rules. (Ord. No.21-11-01-001, 11-1-21;Ord.No.21-12-15-001, 12-15-21) Sec.96.15.Fees. The Town may establish a fee schedule for the review and approval of plans. (Ord. No.21-11-01-001, 11-1-21;Ord. No.21-12-15-001, 12-15-21) Sec.96.16.Plan appeals. (a) Except as provided in division(b)of this section,the appeal of a disapproval or approval with modifications of a plan shall governed by the following provisions: (1) The disapproval or modification of any proposed plan by the Town shall entitle the person submitting the plan to a public hearing if such person submits written demand for a hearing within 15 days after receipt of written notice of disapproval or modifications. (2) A hearing held pursuant to this section shall be conducted by the Development Review Committee within 30 days after the date of the appeal or request for a hearing. (3) The Development Review Committee shall make recommendations to the governing body of the Town within 30 days after the date of the hearing on any plan. (4) The governing body of the Town will render its final decision on any plan within 30 days of receipt of the recommendations from the agency conducting the hearing. (5) If the Town upholds the disapproval or modification of a proposed plan following the hearing,the person submitting the plan shall then be entitled to appeal the Town's decision to the Commission as provided in G.S. 113A-61(c)and 15A NCAC 413.0118(d). (b) In the event that a plan is disapproved pursuant to Section 96.060)of this chapter,the applicant may appeal the Town's disapproval of the plan directly to the Commission. (Ord. No.21-11-01-001, 11-1-21;Ord. No.21-12-15-001, 12-15-21; Ord. No.22-03-16-002,3-16-22) Sec.96.17.Inspections and investigations. (a) Inspection.Agents,officials,or other qualified persons authorized by the Town will periodically inspect land-disturbing activities to ensure compliance with the Act,this chapter,or rules or orders adopted or issued pursuant to this chapter,and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation resulting from land-disturbing activity. Notice of the right to inspect shall be included in the certificate of approval of each plan. (b) Willful resistance, delay or obstruction.No person shall willfully resist,delay,or obstruct an authorized representative, employee,or agent of the Town,while that person is inspecting or attempting to inspect a land-disturbing activity under this section. (c) Notice of violation.If the Town determines that a person engaged in land-disturbing activity has failed to comply with the Act,this chapter,or rules or orders adopted or issued pursuant to this chapter,a notice of violation shall be served upon that person.The notice may be served by any means authorized under G.S. 1A-1, Rule 4.The notice shall specify a date by which the person must comply with the Act,or this chapter,or rules or orders adopted pursuant to this chapter,and inform the person of the actions that need to be taken to comply with the Act,this chapter, or rules or orders adopted pursuant to this chapter.Any person who fails to comply within the time specified is subject to additional civil and criminal penalties for a continuing violation as provided in G.S. 113A-64 and this chapter. If the person engaged in the land-disturbing activity has not received a previous notice of violation under this section,the Town shall deliver the notice of violation in person and shall offer assistance in developing corrective measures.Assistance may be provided by referral to a technical assistance program on behalf of the approving authority, referral to a cooperative extension program,or by the provision of written materials such as Department guidance documents. If the Town is unable to deliver the notice of violation in person within 15 days following discovery of the violation,the notice of violation may be served in the manner prescribed for service of process by G.S. 1A-1, Rule 4,and shall include information on how to obtain assistance in developing corrective measures. (d) Investigation.The Town shall have the power to conduct such investigation as it may reasonably deem necessary to carry out its duties as prescribed in this chapter,and who presents appropriate credentials for this purpose to enter at reasonable times, any property,public or private,for the purpose of investigating and inspecting the sites of any land- disturbing activity. (e) Statements and reports.The Town shall also have the power to require written statements,or filing of reports under oath,with respect to pertinent questions relating to land-disturbing activity. (Ord. No.21-11-01-001, 11-1-21;Ord. No.21-12-15-001, 12-15-21) Sec.96.18.Penalties. (a) Civil penalties. (1) Civil penalty for a violation.Any person who violates any of the provisions of this chapter,or rule or order adopted or issued pursuant to this chapter, or who initiates or continues a land-disturbing activity for which a plan is required except in accordance with the terms,conditions, and provisions of an approved plan, is subject to a civil penalty.The maximum civil penalty amount that the Town may assess per violation is five thousand dollars($5,000.00).A civil penalty may be assessed from the date of the violation. Each day of a continuing violation shall constitute a separate violation.When the person has not been assessed any civil penalty under this section for any previous violation,and that person abated continuing environmental damage resulting from the violation within 180 days from the date of the notice of violation,the maximum cumulative total civil penalty assessed under this division for all violations associated with the land-disturbing activity for which the erosion and sedimentation control plan is required is twenty-five thousand dollars($25,000). (2) Civil penalty assessment factors.The governing body of the Town shall determine the amount of the civil penalty based upon the following factors: (i)the degree and extent of harm caused by the violation; (ii)the cost of rectifying the damage; (iii)the amount of money the violator saved by noncompliance; (iv)whether the violation was committed willfully; and(v)the number and severity of prior violations received by the permittee and record of the violator in complying or failing to comply with this chapter. (3) Notice of civil penalty assessment.The governing body of the Town shall provide notice of the civil penalty amount and basis for assessment to the person assessed.The notice of assessment shall be served by any means authorized under G.S. 1A-1, Rule 4.A notice of assessment by the Town shall direct the violator to either pay the assessment,contest the assessment within 30 days by filing a petition for hearing with the Town as directed in 11.2(E)of the Town's UDO or file a request with the Sedimentation Control Commission for remission of the assessment within 30 days of receipt of the notice of assessment.A remission request must be accompanied by a waiver of the right to a contested case hearing pursuant to G.S. Ch. 150B and a stipulation of the facts on which the assessment was based. (4) Final decision.The final decision on contested assessments shall be made by the governing body of the Town in accordance with Section 12.2(e)of the Town's UDO. (5) Appeal of final decision.Appeal of the final decision of the governing body of the Town shall be to the Superior Court of the county where the violation occurred.Such appeals must be made within 30 days of the final decision of the governing body of the Town. (6) Remission of civil penalties.A request for remission of a civil penalty imposed under G.S. 113A-64 maybe filed with the Town within 30 days of receipt of the notice of assessment.A remission request must be accompanied by a waiver of the right to a contested case hearing pursuant to G.S.Ch. 150B and a stipulation of the facts on which the assessment was based.The following factors shall be considered in determining whether a civil penalty remission request will be approved: (i) Whether one or more of the civil penalty assessment factors in G.S. 113A-64(a)(3)were wrongly applied to the detriment of the petitioner. (ii) Whether the petitioner promptly abated continuing environmental damage resulting from the violation. (iii) Whether the violation was inadvertent or a result of an accident. (iv) Whether the petitioner had been assessed civil penalties for any previous violations. (v) Whether payment of the civil penalty will prevent payment for necessary remedial actions or would otherwise create a significant financial hardship. (vi) The assessed property tax valuation of the petitioner's property upon which the violation occurred,excluding the value of any structures located on the property. (7) Collection. If payment is not received within 30 days after it is due,the Town may institute a civil action to recover the amount of the assessment.The civil action may be brought in the Superior Court of the county where the violation occurred, or the violator's residence or principal place of business is located.Such civil actions must be filed within three(3)years of the date the assessment was due.An assessment that is not contested and a remission that is not requested is due when the violator is served with a notice of assessment.An assessment that is contested or a remission that is requested is due at the conclusion of the administrative and judicial review of the assessment. (8) Credit of civil penalties.The clear proceeds of civil penalties collected by the Town under this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. Penalties collected by the Town may be diminished only by the actual costs of collection.The collection cost percentage to be used shall be established and approved by the North Carolina Office of State Budget and Management on an annual basis, based upon the computation of actual collection costs by the Town for the prior fiscal year. In any event,the cost percentage shall not exceed twenty percent(20%)of the total penalties collected. (b) Criminal penalties.Any person who knowingly or willfully violates any provision of this chapter,or rule or order adopted or issued by the Commission or a local government, or who knowingly or willfully initiates or continues a land- disturbing activity for which a plan is required except in accordance with the terms,conditions,and provisions of an approved plan, shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed$5,000 as provided in G.S. 113A-64. (Ord. No.21-11-01-001, 11-1-21;Ord. No.21-12-15-001, 12-15-21; Ord. No.22-03-16-002,3-16-22) Sec.96.19.Injunctive relief. (a) Violation of local program.Whenever the governing body has reasonable cause to believe that any person is violating or threatening to violate any ordinance, rule, regulation or order adopted or issued by the Town,or any term, condition,or provision of an approved plan, it may,either before or after the institution of any other action or proceeding authorized by this chapter,institute a civil action in the name of the Town,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. (b) Abatement of violation.Upon determination by a court that an alleged violation is occurring or is threatened,the court shall enter any order or judgment that is necessary to abate the violation,to ensure that restoration is performed, or to prevent the threatened violation.The institution of an action for injunctive relief under this section shall not relieve any party to the proceedings from any civil or criminal penalty prescribed for violations of this chapter. (Ord. No.21-11-01-001, 11-1-21;Ord. No.21-12-15-001, 12-15-21) Sec.96.20.Restoration after non-compliance. The Town may require a person who engaged in a land-disturbing activity and failed to retain sediment generated by the activity,as required by G.S. 113A-57(3),to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by sedimentation.This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this chapter. (Ord. No.21-11-01-001, 11-1-21;Ord. 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[ ;(C-0fXtl13-p122 "hr colbceer 'Sia[z•r St•eet ]I10.fiRT3 :51�.3 APWoved 2. iwo ft-:4Ad2 NRdinlet;t.n j } 4R]7pi3 aHpM�IeKFr}Flea g{H.t100f1a-,922 PAnar4 Erred •6>rr7 rn: Air Iffrd }1247021 4,t"673 n pra :wl Vqd l •2"121 If#�'rlrlkrpiawd J-Id% MOAtll ftyt 143 1 [ SCWafih7tl}] KjxRxW.SWIar IM•4fdr!Nrr Iare lied btM VW21W 4R8Sov_ 4na »it'1N1YThiv K Itc iw_ rlr•avw+ ! xe-iea N_laa A,- gV Ma7fFJa 7 se:,]ua107a1F1} flae.7ewenate� ainlf 42 'JI[a rvrd SIAI;�i1- - ] /1 am.1havlairoli1am•W[l SEL•O1piWailL9 Kni tdAk Ssa9wl R7'iiE.+trcn fAprn L rW. 4(27/2C123 5/12/2023 Ao oved 5(1r(2023 SEC-0W0I0.20P1 !]Id Mllbwn�Vlll r 7112&2g2 L OLD ql ILIURN IE A O 5/11/2023 5!26(2023 Avmoved Cpi 7 - 6EC-0[DXa7-2d23 SlsnNr.r'Pnss.i ara 7•lorr Hindu•HIII w SILl[i'023 3y7W3 Aetlroved wl Mod _ 6!y7003. MC-DOMOI.2023 Crks TOwnhgmrF 'Ho .9..o 3 d3A2U1g Approved w/Motl lil]4/}723 xKgTmF!XmT R ►a7t1I>ft I DaaeOrieVq SEt•O6E80�1tl2: Forestville Villa VA K.' :dak AN* 613012�3 i/S/a013 Aa row_d 113.i2G.3 IECa00[r}a•IfL.'} i C3[ea is _ ma R! Os+a -s'4•AJ� _ SEC.O5I7754WI [ 'jalrV tion RJ-e.seYw++et"- R..Arrow Drive 6/Sr711023 •7115/}O] Approved I/IAIIo15 5ECOMAIL3.707p i n.Lghtd.l.S6W10 k&-4ZiI4rra.1V R.vkden Mornvq Flyer Way,Red Arrow 6130.'=073 }ISS11132 A:pro.e¢ 7i.Wj021 Nin.hripal7.l 71l'JX3L .1 _ pld 1C4Y�1L1S43 iNo Ueri e4Md nAjr=f 7R11JI bf lUhIMXCi- Aerd K I@ta00pff-iCt! prlrrNl+S Frtirt as L Aon+Y 7:F Lat22.4 4�rA.�Berm 4¢e' aua S•�[x. h}M_$.a9 7721FA11 5iaY1d1�Y1 alto nar.nlyey-haElK� fdrk�n eALa 9p.NY y',/Sl7a ;! SSLGfRJOt4.2072 [ni 3y[r 0alew Aymwrn ro44 >I�JC.1723 a/17:77• FOFTS-•d 4+771:025 f[? -u'Li ♦�lrile'afe lJ}A!'iIFAeC a7 IbdM.�amee-.. l9!!Q7] f7lALa W e..d 1!S[ ldl}40f10a1•7ptf iw?t-W.e 4[A[i-90mei' rlag[ 4_4Ataed •nl/7aT. `.N.'aarAe. Cxnrra 5SC•0 OM7 211ri 'Forestville,-.Nap A[Iilan and r Ilk Read 8/14/2023 1 B 29'2023 I Approval w/Mod 812 112 02 3 52{-0LYA,S>-2_W2 Elevate Alva.-m Aprb* U-RevW.n Poek"d 8i1&/2023 9/2/2023 Approved w/Mod 9/1(2023 5fC-0000p6.21333 Prp rr_Ho• 5200Knightdale Eagle Rock Rd_ 8/19/2023 _9/3/2023 Appred w/Mod 9/1/2023 +Wflti!I hr T•S WIRrt+ IFStROF� ov SKL"dT1 1E[-0f>7tl�7fLT3 1 flN4 dos IAMaII bee: A`J;RQIa 72P"3 C 7•tp2-a fu r _ a3ArYir1 l ihl Vf57}76l itl7lfi�-! . 3 -0pLY.[I.2�ai lalfl arm am D_Ae Oda L':CAy =mc�-203 MIN P*Ltt seem H Avt f2P7a Ice A--Ar Kopertson 3TA 1_� hldak fa 4qm eC 9/14/2023 9/29/2023 ARpr.ed W/Mod9/20/2023 30 12023SECS] H-2023 '.10wn(pw'n North at Kni htdale Station-Early Grading GA1aln Strap• 9/25/2023 10/10/2023 Approved w/Mod SM..'and -1023 a[y O:+:3lnpk=anultZ 10/13/2023 Aarnrer•'Ee 10/12/2023 aeh la•�mRl.Wp , -. /1CQa. G - auG. SE[-0WGU-2023 Cddl -a d-,&Medical Office Building Smithfield Road 10/4/2023 loll, 2023 !!uo q21.m man Mom.Proir-7•Poplar Clerk Whia.ln-Creek Court 1025I2023 1114.'M23 A roved w/Mad i f]fII3 SEC-0DQ0I&-2443 W.-TX 0[ucaa Rwd 10/16/2023 L 11/15/2023 4* KN IGHTDALE Town of Knightdale stwtnwater 950 Steeple Square Ct. I Knightdale,NC 27545 �. KnightdaleNC.gov 1 919-217-2250 Thursday,October 5,2023 Project Name:The Drees Homes Company Knightdale Project#: S-1-13 SBEC Permit#: SEC-0000017-2023 Disturbed Acreage: 0.2509 Contact Info: Financially Responsible Party Jonathon Harper Drees Homes 8521 Six Forks Road ,Suite 500 Raleigh,NC 27615 P:919-868-8467 jharper@dreeshomes.com The Sediment and Erosion Control Plan has been reviewed by the Town of Knightdale and is APPROVED(with modifications).This letter only demonstrates plan approval.It does not grant permission for any work to commence. The construction plans are approved with the following Conditions of Approval and Applicable Standards: • Provide Scanned copy of Landowner Consent Form from Catherine Brown(Photo was submitteco Prior to scheduling a preconstruction meeting,the following items must be completed: 1. Pay all permit fees 2. Provide proof of NCG01 coverage 3. Provide 4 copies of the approved plans for signature o (2)Full size(2)18x24 o Plans can be delivered to the Public Works Operation Center located at: 1102 Great Falls Court Knightdale, NC 27545 4. Scan/upload signed plans into IDT Once all items have been completed a=construction meeting can be requested by contacting the Public Works Administrative Assistant at(919) 217-2250 Conditions of Approval: Items listed below are conditions of the Sediment and Erosion Control Plan approval. 1. A mandatory preconstruction meeting is required between the owner,contractor,and Town of Knightdale prior to issuance of the Land Disturbance Permit.The permit fee is due at that time. 2. Grading,other than for installation of soil erosion and sedimentation control measures,is prohibited prior to the issuance of a Certificate of Compliance. 3. Contractor shall follow plans strictly and maintain contact with Town of Knightdale prior to making any field modifications to erosion and sediment control devices.No devices shall be removed without prior approval from Town of Knightdale. 4. Town of Knightdale's sedimentation pollution control program is performance oriented,requiring protection of the natural resources and adjoining properties.If at anytime during the project it is determined that the Erosion and Sedimentation Control Plan is inadequate to meet the requirements of the Erosion and Sedimentation Control Ordinance of Town of Knightdale,this office may require revisions in the plan and its implementation to ensure compliance with the Ordinance. 5. Effective April 1,2019,prior to the preconstruction meeting,the applicant must obtain from NCDEQ-DEMLR the NCG-010000 NPDES Construction Stormwater General Permit coverage by completing an electronic Notice of Intent(e-NOI). The online NOI submittal must include the completed and notarized Financial Responsibility/Ownership Form and this approval letter.More information can be found on the NCDEQ website:https://deq.nc.gov/about/di)isions/energy-mineral-land-resources/energy- m i ne ra I-la nd-permits/sto rmwate r-permits/construction-sw. 6. Subdivisions Only.Builders are required to obtain grading permits for cumulative disturbance over one acre(including non- contiguous lots) Created with idtPlans Review The Drees Homes Company Page 1 of 2 10/5/23 Applicable Regulations: Unless otherwise noted,all references are for the Town of Knightdale Erosion and Sedimentation Control Ordinance,adopted November 1,2021. 1. Validity of Plan,Lapse of Approval.An approved erosion and sedimentation control plan is valid for two(2)calendar years from the date of approval. If a land disturbance permit has not been obtained within the 2-year period,the erosion and sedimentation control plan approval becomes null and void. 2. Actions Required Prior to Land Disturbance[96.06] 1. No person may initiate a land-disturbing activity before notifying the agency that issued the plan approval of the date that land-disturbing activity will begin. 2. A S&EC plan approval shall be prominently displayed until all construction is complete,all temporary measures have been removed,all permanent sedimentation and erosion control measures are installed,and the site has been stabilized.A copy of the approved plan shall be kept on file at the job site. 3. Authority[96.17] 1. The Town shall have the power to enter at reasonable times,any properly,public or private,to conduct such investigation as it may reasonably deem necessary for any land-disturbing activity.No person shall willfully resist,delay,or obstruct an authorized representative,employee,or agent of the Town,who presents appropriate credentials,while that person is inspecting or attempting to inspect a land-disturbing activity. 2. Agents,officials,or other qualified persons authorized by the Town will periodically inspect land-disturbing activities to ensure compliance with the NC Sedimentation Pollution Control Act,Town ordinance,or other adopted rules or orders,and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation resulting from land-disturbing activity. 3. If the Town determines that a person engaged in land-disturbing activity has failed to comply with the Act,this chapter,or rules or orders adopted or issued pursuant to this chapter,a notice of violation shall be served upon that person. 4. Neuse River Riparian Area Protection and Maintenance Rules.Due to the location of this project,it should be noted that a rule to protect and maintain eAsting buffers along watercourses in all of Wake County became effective in 2006.The Neuse River Riparian Area Protection and Maintenance Rule applies to all perennial and intermittent streams,lakes,ponds and estuaries in Wake Countywith forest vegetation on the adjacent land or"riparian area".In riparian areas with e)asting forest vegetation in the first 30 feet directly adjacent to the stream,the rule prohibits land disturbance,new development,and fertilizer use within the first 50 feet of land next to the water. In riparian areas with forest vegetation that is less than 30 feet wide,the rule prohibits land disturbance,new development,and fertilizer use within the area that contains forest vegetation(but not the entire 50-foot riparian area). For more information about this riparian area rule,please contact the Division of Water Qualitys Wetland/401 Unit at 919- 807-6300.[15A NCAC 2B.0233] The Town of Knightdale is not responsible for subject approvals of other Local,State or Federal Agencies.The subject approvals are (but not limited to)Federal Emergency Management Area Flood regulations or requirements, Division of Water Quality under stormwater or other water quality regulations/requirements,U.S.Army Corps of Engineers under Article 404/401 (Wetlands/Streams) jurisdiction/requirements,and/or any Federal,State,County and Local municipal regulations or permit requirements.The approval issued in this letter cannot supersede any other required permit or approval. Ike Archer StormvleterProgram Manager Town of Knightdale I KnightdaleNC.gov IKe.Hrcner�cyr,nignidaleNC.gov 1 919-217-2255 Created with idtPlans Review The Drees Homes Company Page 2 of 2 10/5/23 C(P) Town of Knightdale,NC KNIGHTDALE The Lawson - McKnight Office Center Phase 2, weiri somrllurtr Lot 2 TOK Construction Site Inspection Town of Knightdale, NC Construction Site Details Name: The Lawson-McKnight Office Center Phase 2, Compliance: Compliant Lot 2 Added: 04/11/2022 Previously Inspected On: 09/28/2023 Site Physical 1001 Mulford Court,Knightdale, Tracking ID: SEC-044024-2020 Address: 27545,NC Inspection Properties Inspector: Domingo Orpilla Inspection ID: C-133890 Inspection Type: TOK Construction Site Inspection Inspection Date: 10/10/2023 Scheduled Inspection Date: 10/10/2023 Compliance Status: Compliant Time In: 10:10 AM Time Out: 10:27 AM Follow Up Inspection Date: NA Stage of Construction: Final Stabilization Does the site have adequate access for inspection Yes at this time?: Are all required SWPPP/NCG01 inspection and Yes Are all NCG01 Inspection records up to date?: Yes monitoring records on-site for review?, Are all construction entrances installed and NA Are roads,gutter pans,and paved areas free of Yes maintained,as required?: excessive sediment?: Are silt fence and perimeter controls installed and Yes Are inlet and catch basin protections installed and Yes maintained,as required?: maintained,as required? Are Sediment Basins(including outlet structures, Yes Are diversion ditches and slope drains installed, Yes skimmer,baffles,etc.) Installed and maintained as maintained,and functioning as required?: required and functioning as designed?: Are trash,debris and solid waste materials Yes Are concrete washouts installed and functioning as NA managed,as required?: designed? 1 of 4 Town of Knightdale,NC Are disturbed areas(e.g. slopes,stockpiles, Yes Are natural resource areas(e.g.streams,wetlands, Yes inactive areas)stabilized and maintained,as riparian buffers,green space/RCA,etc.)free of required?: adverse impacts and protected as required?: Does this site comply with dust control best Yes Are discharge points and receiving waters free of Yes management practices?: sediment deposits?: Are other/non-classified BMPs(if any) installed NA Is the site in compliance with the maximum Yes and maintained as required?: disturbed area limit? Is withholding of permits recommended as a result No of this inspection?: Notes: Notes:: Bio-retention Ponds and final site stabilizations have been completed. Positive Observations Notes: The site is in satisfactory condition with regards to ESC perspective. Deficiencies Noted Notes:: NA Enforcement / FolloW-Up Is any enforcement action needed at this time?: NA Enforcement Issued: NA Completion Deadline: NA Additional Information Weather Weather Condition: Mostly Clear Temperature fl: 61 Precipitation(in): 0 Precipitation Last 72 Hours(in): 0.03 Precipitation Last 24 Hours(in): 0 2of4 Town of Knightdale,NC Contacts Daniel Tharrington Contractor 252-432-1172-Mobile Dennis Tharrington POC 252-436-9126-Direct Mike Bradford FRO 252-438-8154-Direct Location 35.79455892827784,-78.4910845170787 Photos mom PF 8 f: �I� • _ r _ 1Ir. 74 Fes- a a y r 3of4 Town �•. .� 171�� xr _�+fir �1 :p -, SDT ,r - � r' 7i 7 4# KNIGHTDALE Town of Knightdale Stonnwater 950 Steeple Square Ct. I Knightdale,NC 27545 KnightdaleNC.gov 1 919-217-2250 CERTIFIED MAIL RETURN RECEIPT REQUESTED Project Name:Village Gate Date: 1/23/2023 Village Gate of Knightdale LLC 8480 Honeycutt Road Suite 200 Raleigh,NC 27615 NOTICE OF VIOLATION SEC-066068-2021 The following items were observed during our site inspection on 1/23/2023 1. Failure to prevent offsite sedimentation: 0 96.07(e)"M lard-dstur ing activity is to be planned and conducted to prevent off site seclimentation damage." ■ Off-site sedimentation observed in stream below Smithfield Road and Glenmere entrances. 2. Failure to maintain erosion control measures: 0 Sec 96.13"During the development of a site,the person conducting the lan&dishurrhing activity shall install and maintain all temporary and pemanent erosion and sedimentation control measures as required by the approved plan or any provision of this chapter,the Pot,or any order adopted pursuant to this chapter or the Act.After site development,the landom er or person in possession or control of the lad shall install ardor maintain all recessay permanent erosion and sediment control measures,except those measures installed within a road or street right-d-vay or easement accepted fa maintenance by a govemmatal agency." ■ Sediment accumulaffon in TSB-1. ■ Inadequate slope drain inlet protection observed 4. ...-ious location. ■ Rilling and erosion along back of slope at TSB-3. ■ SF along n manor Trail near Sfflithfield Rd needs to be reestablished. ■ SF outlet at southern side of basin 1 needs to be refreshed 3. Failure to follow approved plan: 0 Sec 96.o5.f The lad disturbing activity shall be conducted in accordance Mh the approved erosion and sedimentation control plan. ■ Roadways acting as primary diversions without proper stabilization or check dams. CORRECTIVE ACTIONS:To bring this project back into compliance the following items must be accomplished by 2/13/2023 1 Remove all off-site sediment from buffer and stream areas using non-machinery techniques. 2 Repair/reinstall all temporary ESC measures per the approved plan 3.Address rilling along back of slope at TSB-3 with an additional slope drain or larger diameter slope drain. 2 Reestablish all slope drain inlet protections per the approved plan 2.Remove all accumulated sediment from basins. 4 Slow drainage within the roadway as best possible since drainage divers!on* n heck dams are not in plan. additional measures as necessary until all SW infrastructure has been installed. Please contact John Stover if you have any questions or concerns.He can be reached at 919-349-2521 or by email at john.stover@knightdalenc.gov. Created with idtPlans Review Village Gate(Smithfield at Mailman Rd Mixed Use) Page 1 of 2 1/23/23 Ike Archer StormKeter Program Manager Town of Knightdale I KninhtdaleNC-oo Ike.Archer@KnightdaleNC.gov 1 919-217-2255 Created with idtPlars Review Village Gate (Smithfield at Mailman Rd Mixed Use) Page 2 of 2 1/23/23 Purpose and Intent Click a Chapter Section to jump to that page. Chapter 9. Environmental Protection Standards 9.1.Purpose and Intent...........................................................................................................................................................................1 9.2.Neuse River Basin Riparian Buffers(NRBs)...............................................................................................................................1 9.3.Sediment and Erosion Control.......................................................................................................................................................2 9.4.Stormwater Management.................................................................................................................................................................3 9.5.Flood Damage Prevention............................................................................................................................................................27 9.1. Purpose and Intent The purpose of this Section is to protect,maintain,and enhance public health,safety,environment,and general welfare by establishing minimum requirements and procedures to control adverse effects of sediment and erosion control,grading,post-construction stormwater runoff,illicit discharges,and flood damage. Proper management of stormwater runoff will minimize damage to public and private property and infrastructure;safeguard the public health,safety,and general welfare; and protect water and aquatic life. 9.2. Neuse River Basin Riparian Buffers(NRBs) A. Both the corporate limits and the Extra Territorial Jurisdiction (ETJ) of the Town of Knightdale fall completely within the Neuse River basin and are therefore subject to the riparian buffer rules as governed by North Carolina Administrative Code(NCAC),Title 15A,Chapter 2,Sub-Chapter B as amended. B. NRBs are a form of open space,and as such,may only be retained in private ownership if the necessary conservation easements are recorded with the Wake County Register of Deeds in a form approved by the Town. Otherwise,NRBs shall be separately deeded to a homeowner's association,a non-profit land trust or conservancy,Wake County,or the Town of Knightdale (upon approval by the Town Council). C. NRBs cannot be located on any single-family residential building lot(detached or attached)within a major subdivision as defined in Section 12.2(F)(6).In general terms,NRBs in major subdivisions must be platted as separate lots where the responsibility of maintaining(in a natural state) said riparian buffers in perpetuity is typically designated to a homeowner's association or non-profit land conservation agency. Lots that have received Construction Drawing approval (Section 12.3 (G))prior to March 1,2010 shall be exempt from this requirement. Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 1 of 39 Sediment and Erosion Control 9.3. Sediment and Erosion Control A. General Requirements.All new development and redevelopment shall be required to take measures to minimize erosion during construction and after development.All new development and redevelopment shall comply with the provisions of the latest adopted amendment to Town of Knightdale Erosion and Sedimentation Control Ordinance.A land disturbance permit or exemption from the plan requirements of such regulations shall be submitted to the Stormwater Administrator prior to issuance of a construction improvement permit(CIP) for a subdivision,or part thereof.Furthermore,no infrastructure or individual lot grading shall commence prior to the completion or exemption from the requirements of the environmental survey as stated in Section 12.3 (B). B. Residential Clearing and Grading. In order to promote land development practices that minimize disturbance to vegetation and soils,limit alteration of the natural topography,minimize surface water and ground water runoff and diversion,minimize the need for additional storm drainage facilities,reduce sedimentation in surrounding waters and promote land development and site planning practices that are responsive to the town's scenic character without preventing the reasonable development of land;the initial clearing and grading of all residential major subdivisions shall be limited to dedicated public rights- of-way and easements for the installation of streets,utilities,and other infrastructure.All grading activities shall be done in accordance with all applicable federal,state and local laws,rules and regulations; including those pertaining to air and water pollution and noise control. 1. Infrastructure. Grading for infrastructure improvements (streets,sidewalks,curb,gutter,water, sewer,utilities,stormwater,spoil and borrow areas,etc.) shall be phased according to the Master Plan.Prior to proceeding to another phase,the developer shall stabilize the present phase with adequate ground cover sufficient to restrain erosion and have all infrastructure installed. 2. Lots. Grading of individual lots within the major subdivision shall not begin without having first obtained a building permit from the Stormwater Administrator and shall be limited to those areas comprising the building footprint,driveway and a minimal area surrounding the building footprint to accommodate construction equipment. 3. Exemptions. Exemptions to the requirements of Section 9.3 (B) are as follows: a. Residential subdivisions with lots less than sixty(60)feet wide. b. Grading and clearing in emergency situations involving immediate danger to life or property or substantial fire hazards. Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 2 of 39 Stormwater Management 9.4. Stormwater Management A. General Provisions. 1. Findings. a. It is hereby determined that: i. Development and redevelopment alter the hydrologic response of local watersheds and increases stormwater runoff rates and volumes,flooding,soil erosion,stream channel erosion,nonpoint and point source pollution,and sediment transport and deposition,as well as reducing groundwater recharge; ii. These changes in stormwater runoff contribute to increased quantities of water-bome pollutants and alterations in hydrology that are harmful to public health and safety as well as to the natural environment,and iii. These effects can be managed and minimized by applying proper design and well-planned controls to manage stormwater runoff from development and redevelopment sites. b. It is further determined that the Federal Water Pollution Control Act of 1972 ("Clean Water Ace,) and federal Phase II Stormwater Rules promulgated under it,as well as rules of the North Carolina Environmental Management Commission promulgated in response to federal Phase II requirements, compel certain urbanized areas, including this jurisdiction, to adopt minimum Stormwater controls such as those included in this Ordinance. c. Additionally,the North Carolina Environmental Management Commission has identified and has promulgated rules that have been amended and affirmed by the North Carolina General Assembly (Meuse River Nutrient Management Strategy) to reduce the average annual loads of nitrogen and phosphorus delivered to the Neuse River from all point and nonpoint sources of these nutrients located within its watershed,including stormwater from new development in this jurisdiction; d. Therefore, the Knightdale Town Council establishes this set of water quality and quantity regulations to meet the requirements of state and federal law regarding control of stormwater runoff and discharge for development and redevelopment. 2. Purpose. a. The purpose of this article is to protect, maintain and enhance the public health, safety, environment, and general welfare by establishing minimum requirements and procedures to control the adverse effects of. increased post-development Stormwater runoff, nitrogen; phosphorus, and total suspended solids in stormwater runoff; nonpoint and point source pollution associated with new development and redevelopment; and illicit discharges into municipal stormwater systems.It has been determined that proper management of construction- related and post-development Stormwater runoff will: minimize damage to public and private property and infrastructure; safeguard the public health, safety, and general welfare;and protect water and aquatic resources. b. This article seeks to meet its general purpose through the following specific objectives and means: i. Establishing decision-making processes for development and redevelopment that protects the integrity of watersheds and preserves the health of water resources; ii. Requiring that new development and redevelopment maintain the pre-development hydrologic response in their post-development state for the applicable design storm to Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 3 of 39 Stormwater Management reduce flooding,streambank erosion,nonpoint and point source pollution,and increases in stream temperature,and to maintain the integrity of stream channels and aquatic habitats; iii. Establishing minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality; iv. Establishing design and review criteria for the construction,function,and use of structural stormwater best management practices (BMPs) and Stormwater Control Devices (SCMs) that may be used to meet the minimum post-development stormwater management standards; v. Encouraging the use of better management and site design practices,such as the use of vegetated conveyances for stormwater and the preservation of greenspace,riparian buffers, and other conservation areas to the maximum extent practicable; vi. Establishing provisions for the long-term responsibility for and maintenance of structural and nonstructural stormwater BMPs and SCMs to ensure that they continue to function as designed,are maintained appropriately,and pose no threat to public safety; vii. Establishing administrative procedures for the submission,review,approval,and disapproval of stormwater management plans,for the inspection of approved projects,and to assure appropriate long-term maintenance. viii.Controlling illicit discharges into the municipal separate stormwater system. 3. Authority.The Knightdale Town Council is authorized to adopt this article pursuant to North Carolina law,including but not limited to Article 14,Section 5 of the Constitution of North Carolina; North Carolina General Statutes Chapter 143-214.7 and rules promulgated by the Environmental Management Commission thereunder;Chapter 143-215.6A;Session Laws 2009-216,2009-484; Chapter 153A-454;Chapter 160A,§174,185,459;NCAC 02B.0711;NCAC 02B.0731. 4. Applicability and Jurisdiction. a. General.Beginning with and subsequent to its effective date,this article shall be applicable to all development and redevelopment—including,but not limited to,applications for Site Plan Approval,Subdivision Approval,Construction Plan Approval,and grading approval—unless exempt pursuant to this article. b. Implementation.As per Session Law(SL)2015-241 and SL 2015-246,implementation of this Section is temporarily suspended until local ordinance approval. c. Exemptions. i. Single-family detached,duplex,and manufactured home dwellings and recreational development and redevelopment that cumulatively disturbs less than one (1) acre and are not part of a larger common plan of development or sale are exempt from the provisions of this article,unless deemed otherwise by the Stormwater Administrator. I Development and redevelopment that disturbs less than the above threshold,is not exempt if such activities are part of a larger common plan of development or sale and the larger common plan exceeds the relevant threshold,even though multiple,separate,or distinct activities take place at different times on different schedules. iii. Development or redevelopment that is exempt from permit requirements of Section 404 of the federal Clean Water Act as specified in 40 CFR 232 (primarily,ongoing farming and forestry activities)is exempt from the provisions of this article. Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 4 of 39 Stormwater Management iv. Per the requirements of 15A NCAC 02B .0265,NCAC 02B .0711,NCAC 02B.0731 and the Town's Phase II Permit NCS000460,new development undertaken by a local government solely as a public road project shall be deemed compliant with the purposes of this article if it meets the riparian buffer protection requirements of The Neuse River Buffer Rules.For these public road projects,the following shall be done to the maximum extent practicable (MEP): a) Minimize BUA; b) Divert runoff away from surface waters;and c) Implement BMPs and SCMs. 5. No Development or Redevelopment until Compliance and Permit.No development or redevelopment shall occur except in compliance with the provisions of this article or unless exempted.No development or redevelopment for which a permit is required pursuant to this article shall occur except in compliance with the provisions,conditions,and limitations of the permit. 6. Map. a. The provisions of this article shall apply within the areas designated on the map titled"Stormwater Map of Knightdale,North Carolina" ("the Stormwater Map"),which is adopted simultaneously herewith.The Stormwater Map and all explanatory matter contained thereon accompanies and is hereby made a part of this Ordinance. b. The Stormwater Map shall be kept on file by the Stormwater Administrator and shall be dated to take into account changes in the land area covered by this Ordinance and the geographic location of all engineered stormwater controls permitted under this article.In the event of a dispute,the applicability of this article to a particular area of land or BMP/SCM shall be determined by reference to the North Carolina Statutes,the North Carolina Administrative Code,and local zoning and jurisdictional boundary ordinances. 7. Erosion and Sediment Control.Follow Town of Knightdale Erosion and Sedimentation Control Ordinance. 8. Design Manual. a. Reference to Manual. i. The Stormwater Administrator shall use the policy,criteria,and information,including technical specifications and standards in the North Carolina Department of Environment Natural Resource's (NCDENR) most recent Stormwater Design Manual (hereinafter referred to simply as the Manual) as the basis for decisions about stormwater permits and about the design,implementation,and performance of structural and non-structural stormwater SCMs.The latest Manual information can be found here:NC DE[ :Stormwater Design Manual. ii. The current Design Manual, includes a list of acceptable stormwater treatment practices, including specific design criteria for each stormwater practice. Stormwater treatment practices that are designed,constructed,and maintained in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards of the Neuse Rules,Phase II and other applicable stormwater laws. iii. In addition to the Design manual,the Town shall adopt its own"Stormwater Management Manual"to provide more specific information on its individual administrative standards and procedures.This manual will be kept on file by the Stormwater Administrator and be easily Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 5 of 39 Stormwater Management accessible to the public. b. Relationship of Manual to Other Laws and Regulations. If the specifications or guidelines of the Design Manual are more restrictive or apply a higher standard than other laws or regulations,that fact shall not prevent application of the specifications or guidelines in the Design Manual. c. Changes to Standards and Specifications. If the standards,specifications,guidelines,policies, criteria,or other information in the Design Manual are amended subsequent to the submittal of an application for approval pursuant to this article,but prior to approval,the new information shall control and shall be utilized in reviewing the application and in implementing this article with regard to the application. d. Amendments to Design Manual. i. The Design Manual may be updated and expanded periodically based on advancements in technology and engineering,improved knowledge of local conditions,or local monitoring or maintenance experience. ii. Prior to amending or updating the Design Manual, proposed changes shall be generally publicized and made available for review, and an opportunity for comment by interested persons shall be provided. e. Stormwater Management Plan. i. A stormwater management plan is required for all development and redevelopment unless exempt pursuant to the provisions of Section 9.4. Please refer to Section 12.3 (I)(5) for stormwater management plan requirements. B. Administration and Procedures. 1. Stormwater Administrator. a. Designation.A Stormwater Administrator shall be designated by the town of Knightdale to administer and enforce this article. b. Powers and Duties. In addition to the powers and duties that may be conferred by other provisions of this Ordinance and other laws,the Stormwater Administrator shall have the following powers and duties under this article: i. To review and approve,approve with conditions,or disapprove applications for approval of plans pursuant to this article. ii. To make determinations and render interpretations of this article.Any person may request an interpretation by submitting a written request to the Stormwater Administrator,who shall respond in writing within thirty(30) days.The Stormwater Administrator shall keep on file a record of all written interpretations of this article. iii. To establish application requirements and schedules for submittal and review of applications and appeals,to review and make recommendations to other Town staff and Town boards on applications for development or redevelopment approvals. iv. To enforce the provisions of this article in accordance with its enforcement provisions. v. To maintain records,maps, forms,and other official materials as they relate to the adoption, amendment,enforcement,and administration of this article. Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 6 of 39 Stormwater Management vi. To provide expertise and technical assistance to the Town,on request. vii. To designate appropriate other person(s)who shall carry out the powers and duties of the Stormwater Administrator. viii.To take any other action necessary to administer the provisions of this article. 2. Review Procedures. a. Stormwater Management Permit Required;Must Apply for Permit. A stormwater management permit is required for all development and redevelopment unless exempt pursuant to this article.A stormwater management permit may only be issued subsequent to a properly submitted and reviewed permit application,pursuant to this section. b. Effect of Permit. i. A stormwater management permit shall govern the design,installation,and construction of stormwater management and control practices on the site,including engineered stormwater controls and elements of site design for stormwater management other than engineered stormwater controls. I The stormwater management permit is intended to provide a mechanism for the review, approval,and inspection of the approach to be used for the management and control of stormwater for the development or redevelopment site consistent with the requirements of this article,whether the approach consists of engineered stormwater controls or other techniques such as low-impact or low-density design.The permit does not continue in existence indefinitely after the completion of the project;rather,compliance after project construction is assured by the maintenance provisions of this article. c. Authority to File Applications.All stormwater management permit applications required pursuant to this article shall be submitted to the Stormwater Administrator by the landowner or the landowner's duly authorized agent. d. Establishment of Application Requirements,Schedule, and Fees. i. Application Contents and Form.The Stormwater Administrator shall establish requirements for the content and form of all stormwater management permit applications and shall amend and update those requirements from time to time.At a minimum,the stormwater management permit application shall describe in detail how post-development stormwater runoff will be controlled and managed,the design of all stormwater facilities and practices, and how the proposed project will meet the requirements of this article. ii. Submission Schedule.The Stormwater Administrator shall establish a submission schedule for stormwater management permit applications.The schedule shall establish deadlines by which complete applications must be submitted for the purpose of ensuring that there is adequate time to review applications,and that the various stages in the review process are accommodated. iii. Permit Review Fees.The Town Council shall establish stormwater management permit review fees as well as policies regarding refund of any fees upon withdrawal of an application and may amend and update the fees and policies from time to time. iv. Stormwater Management Manual. For stormwater management permit applications required under this Code,the Stormwater Administrator shall compile the application requirements,submission schedule,fee schedule,a copy of this article,and information on Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 7 of 39 Stormwater Management how and where to obtain the Design Manual in a Stormwater Management Manual,which shall be made available to the public. e. Submittal of Complete Application. i. Stormwater management permit applications shall be submitted to the Stormwater Administrator pursuant to the application submittal schedule,and in the form established by the Stormwater Administrator, along with the appropriate fee established pursuant to this section. ii. A stormwater management permit application shall be considered as timely submitted only when it contains all elements of a complete application pursuant to this article,along with the appropriate fee.If the Stormwater Administrator finds that an application is incomplete,the applicant shall be notified of the deficient elements and shall be provided with an opportunity to submit a complete application. However,the submittal of an incomplete application shall not suffice to meet a deadline contained in the submission schedule established above. f. Review.Within the timeframe specified in the submission schedule after a complete stormwater management permit application is submitted, the Stormwater Administrator shall review the application and determine whether the application complies with the standards of this article. i. Approval. If the Stormwater Administrator finds that the Stormwater Management Permit application complies with the standards of this article and this Ordinance, the Stormwater Administrator shall approve the application. The Stormwater Administrator may impose conditions of approval as needed to ensure compliance with this article.The conditions shall be included as part of the approval. g. Fails to Comply. If the Stormwater Administrator finds that the stormwater management permit application fails to comply with the standards of this article,the Stormwater Administrator shall notify the applicant and shall indicate how the application fails to comply. The applicant shall have an opportunity to submit a revised application. h. Revision and Subsequent Review. i. A complete revised stormwater management permit application shall be reviewed by the Stormwater Administrator within the timeframe specified in the submission schedule after its resubmittal and shall be approved,approved with conditions,or disapproved. H. If a revised stormwater management permit application is not re-submitted within six months from the date the applicant was notified, the application shall be considered withdrawn, and a new submittal for the same or substantially the same project shall be required along with the appropriate fee for a new submittal. iii. Two resubmittals of a revised stormwater management permit application may be submitted without payment of an additional permit review fee. Any resubmittal after the second resubmittal shall be accompanied by an additional permit review fee,as established pursuant to this Ordinance. C. Applications for Approval. 1. Concept Plan and Consultation Meeting. a. Consultation Meeting. Before a stormwater management permit application is deemed complete, the Stormwater Administrator or developer may request a consultation on a concept plan for the post-construction stormwater management system to be utilized in the proposed development project.This consultation meeting should take place at the time of the preliminary plan of subdivision or other early step in the development process.The purpose of this meeting is to discuss the stormwater management measures necessary for the proposed project, as well Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 8 of 39 Stormwater Management as to discuss and assess constraints, opportunities, and potential approaches to stormwater management designs before formal site design engineering is commenced.Local watershed plans, the Comprehensive Plan,and other relevant resource protection plans should be consulted in the discussion of the conceptplan. b. Concept Plan Contents.To accomplish this goal,the following information should be included in the concept plan,which should be submitted in advance of the meeting: i. Existing Conditions/Proposed Site Plans. Existing conditions and proposed site layout sketch plans,which illustrate at a minimum: a) Existing and proposed topography; b) Perennial and intermittent streams; c) Mapping of predominant soils from soil surveys(if available); d) Stream and other buffers and features used in designing buffers and meeting any applicable buffer requirements; e) Boundaries of existing predominant vegetation; f) Proposed limits of clearing and grading;and g) Location of existing and proposed roads,buildings,parking areas,and other impervious surfaces. ii. Natural Resources Inventory. A written or graphic inventory of natural resources at the site and surrounding area as it exists prior to the commencement of the project. This description should include a discussion of soil conditions, forest cover,geologic features, topography,wetlands, and native vegetative areas on the site, as well as the location and boundaries of other natural feature protection and conservation areas such as lakes,ponds, floodplains, stream buffers, and other setbacks (e.g., drinking water well setbacks, septic setbacks,etc.).Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development and stormwater management. iii. Stormwater Management System Concept Plan.A written or graphic concept plan of the proposed post-development Stormwater management system including: preliminary selection and location of proposed engineered stormwater controls; low-impact design elements; location of existing and proposed conveyance systems such as grass channels, swales,and storm drains; flow paths;location of floodplain/floodway limits;relationship of site to upstream and downstream properties and drainages; and preliminary location of any proposed stream channel modifications,such as bridge or culvert crossings. 2. Stormwater Management Permit Application. a. The stormwater management permit application shall detail how post-development stormwater runoff will be controlled and managed and how the proposed project will meet the requirements of this article,including Section 9.4(G),Standards.All such plans shall be prepared by a qualified licensed North Carolina Professional Engineer or registered surveyor,soil scientist,or landscape architect.The engineer,surveyor,soil scientist,or landscape architect shall perform services only in their area of competence and shall verify that the design of all Stormwater management facilities and practices meets the submittal requirements for complete applications, that the designs and plans are sufficient to comply with applicable standards and policies found in the Design Manual, and that the designs and plans ensure compliance with this article. b. The submittal shall include all of the information required in the submittal checklist established by the Stormwater Administrator.Incomplete submittals shall be treated pursuant to Section 9.4 Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 9 of 39 Stormwater Management (B)(2)(e),Submittal of Complete Application. 3. Sedimentation & Erosion Control Plan Approval and Grading Permit. Within the corporate limits and extra territorial jurisdiction of the Town of Knightdale, the Stormwater Administrator is responsible for the administration and enforcement of the Town's erosion control program,including approval,issuance of permits related to,and enforcement of erosion and sedimentation control plans. Prior to land disturbing activities,a Sedimentation&Erosion Control Plan Approval and a grading permit shall be obtained directly from the Town. Sedimentation & Erosion Control Plans shall be prepared in accordance with Section 9.4(A)(7) of this ordinance. 4. Preconstruction Activities. a. Prior to site work,submittals shall be presented to the town outlining all materials used for public infrastructure i.e.,precast structures,conveyance piping etc. b. Once the submittals have been approved by the Stormwater Administrator, a pre-construction meeting shall be scheduled on site to review the stormwater management and erosion control plan. 5. As-Built Plans and Final Approval. a. Upon completion of a project, and before a Certificate of Compliance/Occupancy shall be granted,the applicant shall certify that the completed project is in accordance with the approved stormwater management plans and designs and shall submit actual "as built" plans for all stormwater management facilities or practices after final construction is completed. b. The plans shall show the final design specifications for all stormwater management facilities and practices and the field location,size,depth,and planted vegetation of all measures,controls,and devices,as installed.This shall also include any geotechnical surveys completed by an authorized representative, CCTV footage recorded, and Geographic Information System (GIS) files from all stormwater conveyances. The designer of the stormwater management measures and plans shall certify, under seal, that the as-built stormwater measures, controls, and devices are in compliance with the approved stormwater management plans and designs and with the requirements of this article. A final inspection and approval by the Stormwater Administrator shall occur before the release of any performance securities. 6. Other Permits.No Certificate of Compliance/Occupancy shall be issued by the Town Inspections Department without final as-built plans and a final inspection and approval by the Stormwater Administrator,except where multiple units are served by the stormwater practice or facilities,in which case the Inspections Department may elect to withhold a percentage of permits or Certificates of Compliance/Occupancy until as-built plans are submitted and final inspection and approval has occurred. Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 10 of 39 Stormwater Management D. Approvals. 1. Effect of Approval.Approval of a stormwater management permit authorizes the applicant to go forward with only the specific plans and activities authorized in the permit.The approval shall not be construed to exempt the applicant from obtaining other applicable approvals from local,State, and federal authorities. 2. Time Limit/Expiration. a. An approved plan shall become null and void if the applicant fails to make substantial progress on the site within one year after the date of approval. The Stormwater Administrator may grant a single, one-year extension of this time limit, for good cause shown, upon receiving a written request from the applicant before the expiration of the approved plan. b. In granting an extension,the Stormwater Administrator may require compliance with standards adopted since the original application was submitted unless there has been substantial reliance on the original permit and the change in standards would infringe the applicant's vested rights. E. Stormwater Variances. 1. Any person may petition the Town for a variance granting permission to use the person's land in a manner otherwise prohibited by this article. For all proposed major and minor variances from the requirements of this article,the Board of Adjustment or Land Use Review Board shall make findings of fact showing that: a. There are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of the article; b. The variance is in harmony with the general purpose and intent of the local watershed protection regulations and preserves their spirit;and c. In granting the variance, the public safety and welfare have been assured and substantial justice has been done. 2. In the case of a request for a minor variance, the Board of Adjustment may vary or modify any of the regulations or provisions of the article so that the spirit of the article shall be observed,public safety and welfare secured,and substantial justice done,and may impose reasonable and appropriate conditions and safeguards upon any variance it grants. 3. The Board of Adjustment may attach conditions to the major or minor variance approval that support the purpose of the local watershed protection regulations.If the variance request qualifies as a major variance,and the Board of Adjustment decides in favor of granting the major variance,the Board shall then prepare a preliminary record of the hearing and submit it to the North Carolina Environmental Management Commission for review and approval.If the Commission approves the major variance or approves with conditions or stipulations added,then the Commission shall prepare a Commission decision which authorizes the Board of Adjustment to issue a final decision which would include any conditions or stipulations added by the Commission. If the Commission denies the major variance, then the Commission shall prepare a decision to be sent to the Board of Adjustment.The Board shall prepare a final decision denying the major variance. 4. Appeals from the local government decision on a major or minor variance request are made on certiorari to the local Superior Court. Appeals from the Commission decision on a major variance request are made on judicial review to Superior Court. Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 11 of 39 Stormwater Management F. Appeals. Any aggrieved person affected by any decision, order, requirement, or determination relating to the interpretation or application of this article made by the Stormwater Administrator, may file an appeal to the Board of Adjustment or Town Council per the procedures specified in Section 12.2 (E)(2) within thirty (30) days. Applications for an Appeal shall be filed, reviewed, and decided in accordance with 2.5.22,Administrative Appeal,except that the Lmd Use Review Board shall make a final decision on an appeal of a decision relating to civil penalties for violations of this article within ninety (90) days after the date the appeal application is accepted. G. Standards. 1. General Standards.All development and redevelopment to which this article applies shall comply with the standards of this section.The approval of the stormwater management permit shall require an enforceable restriction on property usage that runs with the land,such as a recorded deed restriction or protective covenants,to ensure that future development and redevelopment maintains the site consistent with the approved project plans. 2. Nutrient Sensitive Waters (NSW). In addition to the standards for stormwater handling set out in the design manual,development and redevelopment that drains in whole or part to class NSW waters shall design and implement the best stormwater practices that reduce nutrient loading,while still meeting the other requirements of this ordinance. 3. Neuse River Estuary Nutrient Management Requirements. a. Nitrogen and phosphorus loads contributed by the proposed new development shall not exceed the following unit-area mass loading rates: 3.6 pounds per acre per year for nitrogen. b. Redevelopment subject to this article that would replace or expand existing structures or improvements and would result in a net increase in built-upon area shall have the option of either meeting the loading standards identified in subsection or meeting a loading rate that achieves the following nutrient loads compared to the existing development:thirty five(35)percent reduction for nitrogen. c. The developer shall determine the need for engineered stormwater controls to meet these loading rate targets by using the approved accounting tool. 4. Nitrogen and Phosphorus Standard is Supplemental;Total Suspended Solids (TSS) Removal. a. The nitrogen and phosphorus loading standards in this article are supplemental to, not replacements for,stormwater standards otherwise required by federal,state,or local law,including without limitation any riparian buffer requirements applicable to the location of the development. This includes, without limitation, the riparian buffer protection requirements of 15A NCAC 2B.0714. b. All stormwater systems used to meet these requirements shall be designed to have a minimum of eighty-five(85)percent average annual removal for TSS. Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 12 of 39 Stormwater Management 5. Control and Treatment of Runoff Volume. a. Stormwater systems shall be designed to control and treat the runoff volume generated from all surfaces by one inch of rainfall;the treatment volume.This treatment volume shall not exceed the maximum ponding depth and be drawn down pursuant to standards specific to each practice as provided in the Design Manual. b. To minimize flooding and to ensure that the integrity and nutrient processing functions of receiving waters and associated riparian buffers are not compromised by erosive flows, stormwater flows from the development or redevelopment shall not contribute to degradation of waters of the State.At a minimum, the development or redevelopment shall not result in a net increase in peak flow leaving the site from pre-development conditions for the 1-year,24-hour storm;2-year,24-hour storm;and 10-year,24-hour storm events. 6. Partial Offset of Nutrient Control Requirements. a. Development subject to this article shall attain a maximum nitrogen loading rate on-site of three and six tenths(3.6)of a pound per acre per year for single-family detached and duplex residential development and ten pounds per acre per year for other development, including multifamily residential, commercial, and industrial, and shall meet any requirements for engineered stormwater controls otherwise imposed by this article. A developer subject to this article may achieve the additional reductions in nitrogen and phosphorus loading required by this article by use of the following options: i. Purchasing offset credits from an approved private seller with a project located within the same eight-digit Hydrologic Unit Code (8-digit HUC) as the proposed development. Refer to the North Carolina Department of Environmental Quality(NCDEQ)Division of Water Resources (DWR) for approved mitigation banks with applicable and eligible credits to K.nightdale. H. Making offset payments to the NC Ecosystem Enhancement Program contingent upon acceptance of payments by that Program. iii. Making offset payments to the Town of Knightdale for equivalent nutrient credits at eighty (80) percent of the rate calculated by the NC Ecosystem Enhancement Program for the Neuse-Falls Lake watershed. iv. A developer may propose other offset measures to the Town,including providing his or her own off-site offset. b. All offset measures permitted by the ordinance shall meet the requirements of 15A NCAC 02B .0273 (2)through(4)and 15A NCAC 02B.0240.Documentation and proof of purchase for offset credit options is required prior to construction plan approval. Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 13 of 39 Stormwater Management 7. Standards for Stormwater Control Measures. a. Evaluation According to Contents of Design Manual. All stormwater control measures, stormwater systems and stormwater treatment practices (also referred to as Best Management Practices,or BMP/SCMs)required under this article shall be evaluated by the Stormwater Administrator according to the policies,criteria,and information,including technical specifications and standards and the specific design criteria for each stormwater practice,in the most updated version of the Design Manual.The Stormwater Administrator shall determine whether proposed BMP/SCMs will be adequate to meet the requirements of this article. b. Determination of Adequacy;Presumptions and Alternatives. Stormwater treatment practices that are designed,constructed,and maintained in accordance with the criteria and specifications in the Design Manual and the approved accounting tool will be presumed to meet the minimum water quality and quantity performance standards of this article.Whenever an applicant proposes to utilize a practice or practices not designed and constructed in accordance with the criteria and specifications in the Design Manual,the applicant shall have the burden of demonstrating that the practice(s)will satisfy the minimum water quality and quantity performance standards of this article.The Stormwater Administrator may require the applicant to provide the documentation,calculations,and examples necessary for the Stormwater Administrator to determine whether such an affirmative showing is made. c. Safety Requirements.All SCM facilities subject to this ordinance shall be designed with features to discourage access from unauthorized personal to prevent injury and accidental loss of life.Specific requirements for each facility type can be found in the Town of Knightdale Stormwater Management Manual, 8. Completion of Stormwater BMPs and SCMs.The developer of any nonresidential development will be expected to have installed and stabilized the final stormwater BMP/SCMs supporting their development prior to issuance of a Certificate of Occupancy.For residential development,the final stormwater device can be installed at such point that seventy-five(75)percent or more of the residential lots are completed. 9. Dedication of BMP/SCMs,Facilities, and Improvements.The Town may accept dedication of any existing or future stormwater management facility for maintenance,provided such facility meets all the requirements of this article and includes adequate and perpetual access and sufficient area,by easement or otherwise,for inspection and regular maintenance. H. Maintenance. 1. General Standards for Maintenance. a. Function of BMP/SCMs as Intended.The owner of each engineered stormwater control installed pursuant to this article shall maintain and operate it so as to preserve and continue its function in controlling stormwater quality and quantity at the degree or amount of function for which the engineered stormwater control was designed. Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 14 of 39 Stormwater Management b. Annual Maintenance Inspection and Report. i. The person responsible for maintenance of any engineered stormwater control installed pursuant to this article shall submit to the Stormwater Administrator an inspection report from one of the following persons performing services only in their area of competence: a qualified licensed North Carolina Professional Engineer or registered surveyor,landscape architect,or person certified by the North Carolina Cooperative Extension Service for stormwater treatment practice inspection and maintenance.The inspection report shall contain all of the following: a) The name and address of the land owner; b) Parcel PIN. c) The recorded book and page number of the lot of each engineered stormwater control; d) A statement that an inspection was made of all engineered stormwater controls; e) The date the inspection was made; f) A statement that all inspected engineered stormwater controls are performing properly and are in compliance with the terms and conditions of the approved maintenance agreement required by this article;and g) The original signature and seal of the engineer, surveyor,or landscape architect. ii. All inspection reports shall be on forms supplied by the Stormwater Administrator. An original inspection report shall be provided to the Stormwater Administrator beginning one year from the date of as-built certification and each year thereafter on or before the date of the as-built certification. 2. Operation and Maintenance Agreement. a. In General. i. Prior to the conveyance or transfer of any lot or building site to be served by a engineered stormwater control pursuant to this article, and prior to issuance of any permit for development or redevelopment requiring a engineered stormwater control pursuant to this article, the applicant or owner of the site must execute an operation and maintenance agreement that shall be binding on all subsequent owners of the site,portions of the site,and lots or parcels served by the engineered stormwater control. Until the transference of all property, sites, or lots served by the engineered stormwater control, the original owner or applicant shall have primary responsibility for carrying out the provisions of the maintenance agreement. ii. The operation and maintenance agreement shall require the owner or owners to maintain, repair, and, if necessary, reconstruct the engineered stormwater control and subsequent conveyance systems,and shall state the terms,conditions,and schedule of maintenance for the engineered stormwater control.In addition,it shall grant to the Town a right of entry in the event that the Stormwater Administrator has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the engineered stormwater control; however, in no case shall the right of entry, of itself, confer an obligation on the Town to assume responsibility for the engineered stormwater control. Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 15 of 39 Stormwater Management iii. The operation and maintenance agreement must be approved by the Stormwater Administrator prior to plan approval,and it shall be referenced on the final plat and shall be recorded with the Register of Deeds of the county in which the stormwater control is located upon final plat approval. A copy of the recorded maintenance agreement shall be given to the Stormwater Administrator within fourteen(14)days following its recordation. iv. For all engineered stormwater controls required pursuant to this article the required operation and maintenance agreement shall include all of the following provisions: a) A statement that the agreement shall grant to the Town of Knightdale a right of entry to inspect,monitor,maintain,repair,and reconstruct structural BMP/SCMs. b) A statement that the Town of Knightdale is authorized to recover from the property owner and/or association and its members, any and all costs the Town of Knightdale expends to maintain or repair the structural BMP/SCMs or to correct any operational deficiencies.Failure to pay the Town of Knightdale all of its expended costs,after forty- five days written notice, shall constitute a breach of the agreement. The Town of Knightdale shall thereafter be entitled to bring an action against the property owner and/or association and its members to pay,or foreclose upon the lien hereby authorized by the agreement against the property,or both,in case of a deficiency.Interest,collection costs,and attorney fees shall be added to the recovery. c) A statement that the agreement shall not obligate the Town of Knightdale to maintain or repair any structural BMP/SCMs or encompassing easements, and the Town of Knightdale shall not be liable to any person for the condition or operation of structural BMP/SCMs. d) A statement that the agreement shall not in any way diminish,limit,or restrict the right of the Town of Knightdale to enforce any of its ordinances as authorized by law. e) A statement that the property owner and/or association and its members indemnifies and holds harmless the Town of Knightdale for any costs and injuries arising from or related to the structural BMP/SCM, unless the Town of Knightdale has agreed in writing to assume themaintenance responsibility for the BMP/SCM and has accepted dedication of any and all rights necessary to carry out that maintenance. b. Third Party Transfer Document For Homeowners'Associations. A third-party document signed by the Town of Knightdale, the developer and the Homeowners' associations shall be required upon completion of the project and handoff of all structural BMP/SCM devices included in the recorded operations and maintenance agreement. i. A formal onsite inspection with all three parties present shall be required. If all devices are compliant and functioning as designed the agreement will be signed by all three parties and recorded. ii. The attachment shall then be recorded as an addendum to the original recorded operations and management agreement. 3. Inspection Program. a. Inspections and inspection programs by the Town may be conducted or established on any reasonable basis, including but not limited to routine inspections, random inspections, inspections based upon complaints or other notice of possible violations,and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include,but are not limited to:reviewing maintenance and repair records;sampling discharges,surface water, groundwater,and material or water in BMPs or SCMs;and evaluating the condition of BMP and SCM devices. Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 16 of 39 Stormwater Management b. If the owner or occupant of any property refuses to permit such inspection, the Stormwater Administrator shall proceed to obtain an administrative search warrant pursuant to N.C.G.S. 15- 27.2 or its successor. No person shall obstruct, hamper, or interfere with the Stormwater Administrator while carrying out his or her official duties. 4. Performance Security for Installation and Performance. a. Performance Security.The Town shall require the submittal of a performance security prior to issuance of a permit in order to ensure that the engineered stormwater controls are: i. Installed by the permit holder as required by the approved stormwater management plan, and/or ii. Maintained by the owner as required by the operation and maintenance agreement. b. Amount.The amount of an installation performance security shall be the total estimated construction cost of the BMP/SCMs approved under the permit,plus twenty-five (25)percent. c. Uses of Performance Security. i. Forfeiture Provisions.The performance security shall contain forfeiture provisions for failure,after proper notice,to complete work within the time specified,or to initiate or maintain any actions which may be required of the applicant or owner in accordance with this article,approvals issued pursuant to this article,or an operation and maintenance agreement established pursuant to this article. ii. Default.Upon default of the owner to construct,maintain,repair and,if necessary, reconstruct any engineered stormwater control in accordance with the applicable permit or operation and maintenance agreement,the Stormwater Administrator shall obtain and use all or any portion of the security to make necessary improvements based on an engineering estimate.Suchexpenditure of funds shall only be made after requesting the owner to comply with the permit or maintenance agreement. In the event of a default triggering the use of installation performance security,the Town shall not return any of the unused deposited cash funds or other security,which shall be retained for maintenance. iii. Costs in Excess of Performance Security. If the Town takes action upon such failure by the applicant or owner, the Town may collect from the applicant or owner the difference between the amount of the reasonable cost of such action and the amount of the security held,in addition to any other penalties or damages due. iv. Refund.After final approval of record drawings,as-builts,and certifications, the installation performance security required per Section 9.4 (D)(4) shall be refunded to the applicant or terminated in accordance with this ordinance and the Town's Engineering Design and Construction Manual (EDCM). Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 17 of 39 Stormwater Management 5. Notice to Owners. a. Deed Recordation and Indications on Plat.The applicable operations and maintenance agreement pertaining to every engineered stormwater control shall be referenced on the final plat and shall be recorded with the Register of Deeds of the county in which the stormwater control is located upon final plat approval. If no subdivision plat is recorded for the site,then the operations and maintenance agreement shall be recorded with the Register of Deeds of the appropriate county so as to appear in the chain of title of all subsequent purchasers under generally accepted searching principles. b. Signage.Where,as determined by the Stormwater Administrator to assure compliance with this article,engineered stormwater controls shall be posted with a conspicuous sign stating the party responsible for required maintenance and annual inspection.The sign shall be maintained so as to remain visible and legible and comply with the standards in Chapter 8,Signs and shall comply with any applicable standards in Chapter 8 of the UDO and the Town of Knightdale Stormwater Manual. 6. Records of Installation and Maintenance Activities. The owner of each engineered SCM shall keep records of inspections,maintenance,and repairs for at least five (5) years running at any given time and shall submit the same upon reasonable request to the Stormwater Administrator. 7. Nuisance.The owner of each stormwater BMP/SCM,whether engineered stormwater control or non-engineered stormwater control,shall maintain it so as not to create or result in a nuisance condition. 8. SCM Access and Maintenance Easement. Every engineered stormwater control installed pursuant to this article shall be made accessible for adequate maintenance and repair by a maintenance easement.The easement shall be recorded and its terms shall specify who may make use of the easement and for what purposes. 9. Payment to Stormwater Facility Replacement Fund. a. At the time of recording a subdivision plat or issuance of a building permit for a lot not established by subdivision,whichever event first occurs,the developer shall pay to the Town a stormwater facility replacement and maintenance performance security payment,which shall equal thirty-three (33)percent of the estimated cost of construction all stormwater control facilities shown on applicable development plans. b. The purpose of the stormwater replacement fund is to ensure that adequate funds are available to the Town for the maintenance,repair,replacement,and reconstruction of stormwater control facilities required by this Section.Funds expended from the stormwater control facility replacement fund shall be used only for the repair,maintenance,reconstruction,and/or replacement of stormwater control facilities,together with the costs incurred by the Town associated with any work and /or redesign of the facilities. c. The payment of stormwater facility replacement fees is not intended as a substitute for security to ensure the construction and performance as specified. Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 18 of 39 Stormwater Management I. Enforcement and Violations. 1. General. a. Authority to Enforce.The provisions of this article shall be enforced by the Stormwater Administrator,his or her designee,or any authorized agent of the Town.Whenever this section refers to the Stormwater Administrator,it includes his or her designee as well as any authorized agent of the Town. b. Violation Unlawful.Any failure to comply with an applicable requirement,prohibition, standard,or limitation imposed by this article,or the terms or conditions of any permit or other development approval or authorization granted pursuant to this ordinance,is unlawful and shall constitute a violation of this Ordinance. c. Each Day a Separate Offense.Each day that a violation continues shall constitute a separate and distinct violation or offense. d. Responsible Persons/Entities. i. Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails to erect, construct, reconstruct, alter, repair, or maintain any structure, BMP/SCM, engineered stormwater control, practice, or condition in violation of this article shall be subject to the remedies, penalties, and/or enforcement actions in accordance with this section. Persons subject to the remedies and penalties set forth herein may include any architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation of this article,or fails to take appropriate action so that a violation of this article results or persists;or an owner,any tenant or occupant,or any other person,who has control over,or responsibility for,the use or development of the property on which the violation occurs. I For the purposes of this article,responsible person(s) shall include,but not be limited to: a) Person Maintaining Condition Resulting in or Constituting Violation.An architect,engineer,builder,contractor,developer,agency,or any other person who participates in,assists,directs,creates,causes,or maintains a condition that constitutes a violation of this article,or fails to take appropriate action so that a violation of this article results or persists. b) Person Responsible for Land or Use of Land.The owner of the land on which the violation occurs,any tenant or occupant of the property,any person who is responsible for stormwater controls or practices pursuant to a private agreement or public document,or any person,who has control over,or responsibility for,the use or development of the property. 2. Remedies and Penalties.The remedies and penalties provided for violations of this article,whether civil or criminal,shall be cumulative and in addition to any other remedy provided by law,and may be exercised in anyorder. a. Remedies. i. Withholding of Certificate of Compliance/Occupancy.The Stormwater Administrator or other authorized agent may refuse to issue a Certificate of Compliance/Occupancy for the building or other improvements constructed or being constructed on the site and served by the stormwater practices in question until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein. Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 19 of 39 Stormwater Management ii. Disapproval of Subsequent Permits and Development Approvals.As long as a violation of this article continues and remains uncorrected,the Stormwater Administrator or other authorized agent may withhold,and the Town Council may disapprove,any request for permit or development approval or authorization provided for by this Ordinance and/or building regulations,as appropriate for the land on which the violation occurs. iii. Injunction,Abatements,Etc.The Stormwater Administrator,with the written authorization of the Town Manager,may institute an action in a court of competent jurisdiction for a mandatory or prohibitory injunction and order of abatement to correct a violation of this article.Any person violating this article shall be subject to the full range of equitable remedies provided in the General Statutes or at common law. iv. Correction as Public Health Nuisance,Costs as Lien,etc.If the violation is deemed dangerous or prejudicial to the public health or public safety and is within the geographic limits prescribed by N.C.G.S 160A-193,the Stormwater Administrator,with the written authorization of the Town Manager,may cause the violation to be corrected and the costs to be assessed as a lien against the property. v. Stop Work Order.The Stormwater Administrator may issue a stop work order to the person(s)violating this article.The stop work order shall remain in effect until the person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein.The stop work order may be withdrawn or modified to enable the person to take the necessary remedial measures to cure such violation or violations. b. Civil Penalties.The Stormwater Administrator may assess a civil penalty against any person who violates any provision of this article or of a permit or other requirement pursuant to this article. Civil penalties may be assessed up to the full amount of penalty authorized by N.C.G.S.143- 215.6A. c. Criminal Penalties.Violation of this article may be enforced as a misdemeanor subject to the maximum fine permissible under North Carolina law. 3. Procedures. a. Initiation/Complaint.Whenever a violation of this article occurs,or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the alleged violation and the basis thereof,and shall be filed with the Stormwater Administrator,who shall record the complaint.The complaint shall be investigated promptly by the Stormwater Administrator. b. Inspection.The Stormwater Administrator shall have the authority,upon presentation of proper credentials,to enter and inspect any land,building, structure,or premises to ensure compliance with this article. c. Notice of Violation and Order to Correct. i. When the Stormwater Administrator finds that any building,structure,or land is in violation of this article,the Stormwater Administrator shall notify,in writing,the property owner or other person violating this article.The notification shall indicate the nature of the violation, contain the address or other description of the site upon which the violation is occurring, order the necessary action to abate the violation,and give a deadline for correcting the violation.If civil penalties are to be assessed,the notice of violation shall also contain a statement of the civil penalties to be assessed,the time of their accrual,and the time within which they must be paid or be subject to collection as a debt. Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 20 of 39 Stormwater Management ii. The Stormwater Administrator may deliver the notice of violation and correction order by any means authorized for the service of documents by Rule 4 of the North Carolina Rules of Civil Procedure. iii. If a violation is not corrected within a reasonable period of time, as provided in the notification,the Stormwater Administrator may take appropriate action under this article to correct and abate the violation and to ensure compliance with this article. d. Extension of Time. A person who receives a notice of violation and correction order, or the owner of the land on which the violation occurs,may submit to the Stormwater Administrator a written request for an extension of time for correction of the violation. On determining that the request includes enough information to show that the violation cannot be corrected within the specified time limit for reasons beyond the control of the person requesting the extension,the Stormwater Administrator may extend the time limit as is reasonably necessary to allow timely correction of the violation,up to,but not exceeding 30 days.The Stormwater Administrator may grant 30-day extensions in addition to the foregoing extension if the violation cannot be corrected within the permitted time due to circumstances beyond the control of the person violating this article. The Stormwater Administrator may grant an extension only by written notice of extension.The notice of extension shall state the date prior to which correction must be made, after which the violator will be subject to the penalties described in the notice of violation and correction order. e. Enforcement after Time to Correct.After the time has expired to correct a violation,including any extension(s) if authorized by the Stormwater Administrator,the Stormwater Administrator shall determine if the violation is corrected. The Stormwater Administrator may act to impose one or more of the remedies and penalties authorized by this article whether or not the violation has been corrected. f. Emergency Enforcement. If delay in correcting a violation would seriously threaten the effective enforcement of this article or pose an immediate danger to the public health,safety,or welfare, then the Stormwater Administrator may order the immediate cessation of a violation. Any person so ordered shall cease any violation immediately.The Stormwater Administrator may seek immediate enforcement, without prior written notice, through any remedy or penalty authorized by this article. J. Illicit Discharges and Connections. 1. Illicit Discharges. a. No person shall cause or allow the discharge,emission,disposal,pouring,or pumping directly or indirectly to 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;provided that non-stormwater discharges associated with the following activities are allowed and provided that they do not significantly impact water quality: i. Water line and fire hydrant flushing; ii. Landscape irrigation; iii. Temporarily diverted stream flows; iv. Rising groundwaters; v. Uncontaminated groundwater infiltration (as defined at 40 CFR 35.2005(20)); vi. Uncontaminated pumped ground water; vii. Discharges from uncontaminated potable water sources; Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 21 of 39 Stormwater Management viii. Foundation drains; ix. Residential or commercial air conditioning condensate; x. Irrigation water; xi. Springs; xii. Water from crawl space pumps; xiii.Footing drains; xiv.Lawn watering; xv. Individual residential car washing; xvi.Flows from riparian habitats and wetlands; xvii.Dechlorinated swimming pool discharges; xv. Flows from active firefighting activities/Street wash water;and xviii. 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. xix.Prohibited substances include but are not limited to:oil,anti-freeze,chemicals,animal waste, paints,garbage,and litter. 2. Illicit Connections. a. Single-family detached and attached uses shall be prohibited from establishing direct connections to a stormwater conveyance or stormwater conveyance system,unless a permit is issued by the Town in accordance with the standards set forth in the Stormwater Management Manual. b. Connections to a stormwater conveyance or stormwater conveyance system that allow the discharge of non-stormwater, other than the exemptions in Section 9.4 (A)(4)(c), are unlawful. Prohibited connections include, but are not limited to: floor drains,waste water from washing machines or sanitary sewers,wash water from commercial vehicle washing or steam cleaning, and waste water from septic systems. c. Where such connections exist in violation of this section and said connections were made prior to the adoption of this provision or any other regulation 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 article.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. Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 22 of 39 Stormwater Management d. Where it is determined that said connection (a)may result in the discharge of hazardous materials or may pose an immediate threat to health and safety or is likely to result in immediate injury and harm to real or personal property, natural resources, wildlife, or habitat, or (b) was made in violation of any applicable regulation or ordinance other than this section, the 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: i. The quantity and complexity of the work, ii. The consequences of delay, iii. The potential harm to the environment, to the public health, and to public and private property,and iv. The cost of remedying the damage. 3. Spills. a. Spills or leaks of polluting substances released,discharged to,or having the potential to released or discharged to the stormwater conveyance system,shall be contained,controlled,collected,and properly disposed.All affected areas shall be restored to their preexisting condition. b. Persons in control of the polluting substances immediately prior to their release or discharge,and persons owning the property on which the substances were released or discharged, shall immediately notify the Fire Chief of the release or discharge, as well as making any required notifications under State and federal law.Notification shall not relieve any person of any expenses related to the restoration,loss,damage,or any other liability which may be incurred as a result of said spill or leak,nor shall such notification relieve any person from other liability which may be imposed by State or other law. 4. Nuisance. Illicit discharges and illicit connections which exist within the Town are hereby found, deemed, and declared to be dangerous or prejudiced to the public health or public safety and are found, deemed, and declared to be public nuisances. Such public nuisances shall be abated in accordance with the procedures set forth in Section 9.4 (F)(5) below. 5. Enforcement. a. Authority to Enter.Any authorized Town personnel shall be permitted to enter upon public or private property for the purposes of observation,inspection,sampling,monitoring,testing, surveying,and measuring compliance.No person shall obstruct,hamper,or interfere with any such representative while carrying out his official duties. b. Civil and Criminal Penalties. i. Illicit Discharges.Any designer,engineer,contractor,agent,or any other person who allows,acts in concert,participates,directs,or assists directly or indirectly in the creation of a violation of this article shall be subject to civil penalties as follows: a) For first time offenders,if the quantity of the discharge is equal to or less than five gallons and consists of domestic or household products in quantities considered ordinary for household purposes,or for any quantity of yard waste or litter,said person shall be assessed a civil penalty of$100.00 per violation or per day for any continuing violation and if the quantity of discharge is greater than five gallons or contains non-domestic substances,including butnot limited to process wastewater, 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 of$1,000.00 per violation or per day for any continuing violation. Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 23 of 39 Stormwater Management b) For repeat offenders,the amount of the penalty shall be double the amount assessed for the previous penalty,not to exceed$10,000.00 per violation for any continuing violation. ii. Illicit Connections.Any person found with an illicit connection in violation of this article and any designer, engineer,contractor,agent,or any other person who allows,acts in concert,participates,directs,or assists directly or indirectly in the establishment of an illicit connection in violation of this article shall be subject to civil penalties as follows: a) First time offenders shall be subject to a civil penalty of$500.00 per day of continuing violation. b) Repeat offenders shall be subject to a civil penalty of$1,000.00 per day of continuing violation. iii. Procedures for Assessing Civil Penalties. Said penalties shall be assessed by the Town manager or his designee.No penalty shall be assessed until the person alleged to be in violation is served written notice of the violation by registered,certified mail-return receipt requested,or personal service.Refusal to accept the notice shall not relieve the violator of the obligation to pay the penalty.The notice shall describe the violation with particularity and specify the measures needed to come into compliance.The notice shall designate the time within which such measures must be completed.The notice shall warn that failure to correct the violation within the specified time period will result in the assessment of additional civil penalties. iv. Payment/Collection Procedures.Penalties shall be assessed by the Town Manager or his designee after proper notice has been served as described in subsection (b)(iii) above.The Town Manager or designee shall make written demand for payment upon the person in violation.If payment is not received within thirty (30) days after demand for payment is made,the matter shall be referred to the Town Attorney for possible institution of a civil action in the name of the Town for recovering the penalty. v. Criminal Penalties.Any person who knowingly or willfully violates any provision of this article or any order duly adopted or issued pursuant to this article shall be guilty of a misdemeanor,punishable by a fine not to exceed$500.00 or imprisonment for not longer than thirty(30) days.Each violation shall be a separate offense. c. Suspension of MS4 Access. i. Suspension due to Illicit Discharges in Emergency Situations. The Stormwater Administrator may,without prior notice,suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment,or to the health or welfare of persons,or to the MS4 or Waters of the U.S.If the violator fails to comply vrith a suspension order issued in an emergency,the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of the U.S., or to minimize danger to persons. ii. Suspension due to the Detection of Illicit Discharge.Any person discharging to the MS4 in violation of this ordinance may have their MS4 access terminated if such termination would abate or reduce an illicit discharge.The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access.The violator may petition the authorized enforcement agency for a reconsideration and hearing. iii. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section,without the prior approval of the authorized enforcement agency. Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 24 of 39 Stormwater Management d. Industrial or Construction Activity Discharges. Any person subject to an industrial or construction activity NPDES stormwater discharge pemvt 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 the allowing of discharges to the MS4. e. Monitoring of Discharges. i. Applicability.This section applies to all facilities that have stormwater discharges associated with industrial activity,including construction activity. ii. Access to Facilities. a) The Stormwater Administrator shall be permitted to enter and inspect facilities subject to regulation under this ordinance as often as may be necessary to determine compliance with this ordinance. If a discharger has security measures in force which require proper identification and clearance before entry into its premises,the discharger shall make the necessary arrangements to allow access to the Stormwater Administrator. b) Facility operators shall allow the Stormwater Administrator ready access to all parts of the premises for the purposes of inspection,sampling,examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater,and the performance of any additional duties as defined by state and federal law. c) The Stormwater Administrator shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the Administrator to conduct monitoring and/or sampling of the facility's stormwater discharge. d) The Stormwater Administrator has the right to require the discharger to install monitoring equipment,as necessary.The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense.All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. e) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Administrator and shall not be replaced.The costs of clearing such access shall be borne by the operator. Unreasonable delays in allowing the Stormwater Administrator access to a permitted facility is a violation of a stormwater discharge permit and of this ordinance. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the Administrator reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this ordinance. g) If the Stormwater Administrator has been refused access to any part of the premises from which stormwater is discharged,and he/she is able to demonstrate probable cause to believe that there may be a violation of this ordinance,or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any order issued hereunder,or to protect the overall public health,safety,and welfare of the community, then the Administrator may seek issuance of a search warrant from any court of competent jurisdiction. Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 25 of 39 Stormwater Management f. Requirement to Prevent, Control and Reduce Stormwater Pollutants by the Use of BMP/SCMs.The Stormwater Administrator will adopt requirements identifying BMP/SCMs for any activity,operation or facility which may cause or contribute to pollution or contamination of stormwater,the storm drain system,or waters of the U.S.The owner or operator of a commercial or industrial establishment shall provide,at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non- structural BMP/SCMs.Further,any person responsible for a property or premise,which is,or may be,.the source of an illicit discharge,may be required to implement,at said person's expense, additional structural and non-structural BMPs or SCMs to prevent the further discharge of pollutants to the municipal separate storm sewer system.Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity,to the extent practicable,shall be deemed compliance with the provisions of this section.These BMP/SCMs shall be part of a stormwater pollution prevention plan(SWPP) as necessary for compliance with requirements of the NPDES permit. g. 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 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. h. 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 water of the U.S.;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 hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services.In the event of a release of non-hazardous materials,said person shall notify the Stormwater Administrator in person or by phone or facsimile no later than the next business day.Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Stormwater Administrator within three (3)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 (3)years. Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 26 of 39 Flood Damage Prevention. 9.5. Flood Damage Prevention. The flood-prone areas within the jurisdiction of the Town are subject to periodic inundation which results in loss of life,property,health and safety hazards,disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief,and impairment of the tax base,all of which adversely affect the public health,safety,and general welfare.These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities,and by the occupancy in flood-prone areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood-proofed,or otherwise unprotected from flood damages. This ordinance shall apply to all Special Flood Hazard Areas and Future Conditions Flood Hazard Areas within the jurisdiction,including the Extra-Territorial Jurisdiction of the Town. In an effort to avoid potential flood losses special flood hazard areas (SFHAs) cannot be located on any single-family residential building lot(detached or attached)within a major subdivision as defined in Section 12.2 (D)(6)(f) (In general terms,SFHAs in major subdivisions must be platted as separate lots where the responsibility of maintaining(in a natural state) said SFHA in perpetuity is typically designated to a homeowners association or non-profit land conversation agency. A. Purpose and Intent.It is the purpose of this ordinance to promote public health,safety, and general welfare and to minimize public and private losses due to flood conditions within flood-prone areas by provisions designed to: 1. Restrict or prohibit uses which are dangerous to health,safety, and property due to water or erosion hazards,or which result in damaging increases in erosion,flood heights,or velocities;and 2. Require that uses vulnerable to floods,including facilities which serve such uses,be protected against flood damage at the time of initial construction;and 3. Control the alteration of natural floodplains,stream channels,and natural protective barriers,which are involved in the accommodation of flood waters;and 4. Control filling,grading,dredging,and all other development which may increase erosion or flood damage;and 5. Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters,or which may increase flood hazards to other lands. B. General Provisions. 1. Basis for Establishing the Special Flood Hazard Areas.The Special Flood Hazard Areas and Future Conditions Flood Hazard Areas are those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its FIS dated July 19,2022,for Wake County and associated DFIRM panels,including any digital data developed as part of the FIS, and any revision thereto,which are adopted by reference and declared a part of this ordinance. The Special Flood Hazard Areas and Future Conditions Flood Hazard Areas also include those defined through standard engineering analysis for private developments or by governmental agencies,but which have not yet been incorporated in the FIRM.This includes,but is not limited to,detailed flood data: a. Generated as a requirement of this ordinance; b. Preliminary FIRMs where more stringent than the effective FIRM;or c. Post-disaster Flood Recovery Maps. Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 27 of 39 Flood Damage Prevention. 2. Establishment of Floodplain Development Permit.A floodplain development permit shall be required in conformance with the provisions of this ordinance prior to the commencement of any development activities within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas determined in Section 9.5 (13)(1). 3. Compliance.No structure or land shall hereafter be located,extended,converted,altered,or developed in any way without full compliance with the terms of this ordinance and other applicable regulations. 4. Abrogation and Greater Restrictions.This ordinance is not intended to repeal,abrogate,or impair any existing easements,covenants,or deed restrictions.However,where this ordinance and another conflict or overlap,whichever imposes the more stringent restrictions shall prevail. 5. Interpretation. In the interpretation and application of this ordinance,all provisions shall be: a. Considered as minimum requirements; b. Liberally construed in favor of the governing body;and c. Deemed neither to limit nor repeal any other powers granted under State statutes. 6. Warning and Disclaimer of Liability.The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering consideration.Larger floods can and will occur on rare occasions. Actual flood heights may be increased by man-made or natural causes.This ordinance does not imply that land outside the Special Flood Hazard Areas and Future Conditions Flood Hazard Areas or uses permitted within such areas will be free from flooding or flood damages.This ordinance shall not create liability on the part of the Town or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. C. Violations and Corrective Procedures. 1. Penalties for Violation.Violation of the provisions of this ordinance or failure to comply with any of its requirements,including violation of conditions and safeguards established in connection with grants of variance or special exceptions,shall constitute a Class 1 misdemeanor pursuant to N.C.G.S. § 143-215.58.Any person who violates this ordinance or fails to comply with any of its requirements shall,upon conviction thereof,be fined not more than$100.00 or imprisoned for not more than thirty(30)days,or both. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Town from taking such other lawful action as is necessary to prevent or remedy any violation. 2. Corrective Procedures. a. Violations to be corrected: When the Floodplain Administrator finds violations of applicable state and local laws;it shall be his or her duty to notify the owner or occupant of the building of the violation.The owner or occupant shall immediately remedy each of the violations of law cited in such notification. b. Actions in Event of Failure to Take Corrective Action: If the owner of a building or property shall fail to take prompt corrective action,the Floodplain Administrator shall give the owner written notice,by certified or registered mail to the owner's last known address or by personal service,stating: i. That the building or property is in violation of the floodplain management regulations; Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 28 of 39 Flood Damage Prevention. ii. That a hearing will be held before the Floodplain Administrator at a designated place and time,not later than ten (10) days after the date of the notice,at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter;and iii. That following the hearing,the Floodplain Administrator may issue an order to alter,vacate, or demolish the building;or to remove fill as applicable. c. Order to Take Corrective Action:If,upon a hearing held pursuant to the notice prescribed above,the Floodplain Administrator shall find that the building or development is in violation of the Flood Damage Prevention Ordinance,he or she shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period,not less than sixty (60) calendar days,nor more than one-hundred-eighty(180) calendar days.Where the Floodplain Administrator finds that there is imminent danger to life or other property,he or she may order that corrective action be taken in such lesser period as may be feasible. d. Appeal: Any owner who has received an order to take corrective action may appeal the order to the local elected governing body by giving notice of appeal in writing to the Floodplain Administrator and the Town Clerk within ten (10) days following issuance of the final order. In the absence of an appeal,the order of the Floodplain Administrator shall be final. The local governing body shall hear an appeal within a reasonable time and may affirm,modify and affirm, or revoke the order. e. Failure to Comply with Order: If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the goveming body following an appeal,the owner shall be guilty of a Class 1 misdemeanor pursuant to N.C.G.S.§ 143-215.58 and shall be punished at the discretion of the court. D. Administration. 1. Designation of Floodplain Administrator.The Land Use Administrator or designee,hereinafter referred to as the"Floodplain Administrator,"is hereby appointed to administer and implement the provisions of this ordinance. In instances where the Floodplain Administrator receives assistance from others to complete tasks to administer and implement this ordinance,the Floodplain Administrator shall be responsible for the coordination and community's overall compliance with the National Flood Insurance Program and the provisions of this ordinance. 2. Floodplain Development Permit Data Requirements.The following information shall be provided at a minimum on the floodplain development permit to ensure compliance with this code. a. A complete description of all the development to be permitted under the floodplain development permit(e.g.house,garage,pool,septic,bulkhead,cabana,pier,bridge,mining, dredging,filling,grading,paving,excavation or drilling operations,or storage of equipment or materials,etc.). b. The Special Flood Hazard Area or Future Conditions Flood Hazard Area determination for the proposed development per available data specified in Section 9.5 (13)(1). c. The regulatory flood protection elevation required for the reference level and all attendant utilities. d. The regulatory flood protection elevation required for the protection of all public utilities. e. All certification submittal requirements with timelines. Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 29 of 39 Flood Damage Prevention. f. States that no fill material shall encroach into the floodway or non-encroachment area of any watercourse,if applicable. g. The flood openings requirements as dictated by FEMA Technical Bulletin 1-93 Opening in Foundation Walls,if in Zones A,AE,or X(Future). h. State limitations of below base flood elevation (BFE) enclosure uses (i.e.,parking,building access and limited storage only). 3. Certification Requirements. a. Elevation Certificates. i. An Elevation Certificate (FEMA Form 086-0-33)is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level,in relation to NAVD 1988. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. ii. An Elevation Certificate(FEMA Form 086-0-33)is required after the reference level is established. Within seven (7) calendar days of establishment of the reference level elevation, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level,in relation to NAVD 1988. Any work done within the seven (7)day calendar period and prior to submission of the certification shall be at the permit holder's risk. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work order for the project. iii. A final Finished Construction Elevation Certificate (FEMA Form 086-0-33) is required after construction is completed and prior to Certificate of Compliance/Occupancy issuance. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities.The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Certificate of Compliance/Occupancy issuance. In some instances,another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy. The Finished Construction Elevation Certificate certifier shall provide at least 2 photographs showing the front and rear of the building taken within 90 days from the date of certification.The photographs must be taken with views confirming the building description and diagram number provided in Section A.To the extent possible,these photographs should show the entire building including foundation.If the building has split-level or multi-level areas,provide at least 2 additional photographs showing side views of the building.In addition,when applicable,provide a photograph of the foundation showing a representative example of the flood openings or vents.All photographs must be in color and measure at least 3" X 3".Digital photographs are acceptable. iv. If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation;an engineering report on the effects of the proposed project on the Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 30 of 39 Flood Damage Prevention. . flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream;and a map showing the location of the proposed watercourse alteration or relocation shall all be submitted by the permit applicant prior to issuance of a floodplain development permit. b. Floodproofing Certificate. i. If non-residential floodproofing is used to meet the regulatory flood protection elevation requirements,a Floodproofing Certificate (FENIA Form 81-65),with supporting data and an operation plan,is required prior to the start of any new construction. It shall be the duty of the permit holder to submit to the Stormwater Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities,in relation to mean sea level. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by the same.The Stormwater Administrator shall review the certificate data and plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make the required correction shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to withhold issuance of a Certificate of Occupancy. ii. A final Finished Construction Floodproofing Certificate (FEMA Form 086-0-34),with supporting data,an operational plan,and an inspection and maintenance plan are required prior to the issuance of a Certificate of Compliance/Occupancy. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities,in relation to NAVD 1988. Floodproofing certificate shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The Floodplain Administrator shall review the certificate data,the operational plan,and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to Certificate of Occupancy. Failure to submit the certification or failure to make required corrections shall be cause to deny a Floodplain Development Permit. Failure to construct in accordance with the certified design shall be cause to deny a Certificate of Compliance/Occupancy. c. Certification Exemptions.The following structures,if located within Zones A,AE,or X (Future),are exempt from the elevation/floodproofing certification requirements specified in 9.5 (D)(3)(a) and 9.5 (D)(3)(b): i. Recreational Vehicles meeting requirements of Section 9.5 (E)(3)(g); ii. Temporary Structures meeting requirements of Section 9.5 (E)(3)(h);and iii. Accessory Structures less than one-hundred-fifty(150) square feet meeting requirements of Section 9.5 (E)(3)(i). 4. Determinations for Existing Buildings and Structures. For applications for building permits to improve buildings and structures,including alterations,movement,enlargement,replacement,repair, change of occupancy,additions,rehabilitations,renovations,substantial improvements,repairs of substantial damage,and any other improvement of or work on such buildings and structures,the Floodplain Administrator,in coordination with the Building Official,shall: Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 31 of 39 Flood Damage Prevention. a. Estimate the market value,or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser,of the building or structure before the start of construction of the proposed work;in the case of repair,the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; b. Compare the cost to perform the improvement,the cost to repair a damaged building to its pre- damaged condition,or the combined costs of improvements and repairs,if applicable,to the market value of the building or structure; c. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage;and d. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the NC Building Code and this ordinance is required. E. Provisions for Flood Hazard Reduction. 1. Floodways and Non-Encroachment Areas.Located within the Special Flood Hazard Areas established in Section 9.5 (B)(1) are areas designated as floodways or non-encroachment areas.The floodways and non-encroachment areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles.The following provisions shall apply to all development within such areas: a. No encroachments,including fill,new construction,substantial improvements,and other developments shall be permitted unless: i. It has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in an increase in the flood levels during the occurrence of the base flood. Such certification and technical data shall be presented to the Stormwater Administrator prior to issuance of floodplain development permit;or ii. A Conditional Letter of Map Revision(CLOMR) has been approved by FEMA. A Letter of Map Revision (LOMR)must also be obtained within six (6) months of completion of the proposed encroachment. b. If Section 9.5 (E)(1)(a) is satisfied,all development shall comply with all applicable flood hazard reduction provisions of this ordinance. c. No manufactured homes shall be permitted,except replacement manufactured homes in an existing manufactured home park or subdivision provided the following provisions are met: i. The anchoring and the elevation standards of Section 9.5 (E)(3)(c);and h. The no encroachment standards of Section 9.5 (E)(1)(a) are met. 2. General Standards. a. All new construction and substantial improvements,where permitted,shall be: i. Anchored to prevent flotation,collapse,or lateral movement of the structure;and ii. Constructed with materials and utility equipment resistant to flood damage;and iii. Constructed by methods and practices that minimize flood damages. Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 32 of 39 Flood Damage Prevention. b. All new electrical,heating,ventilation,plumbing,air conditioning equipment,and other service equipment shall be located at or above the RFPE or designed and installed to prevent water from entering or accumulating within the components during the occurrence of the base flood. These include,but are not limited to,HVAC equipment,water softener units,bath/kitchen fixtures,ductwork,electric/gas meter panels/boxes,utility/cable boxes,water heaters,and electric outlets/switches. i. Replacements part of a substantial improvement,electrical,heating,ventilation,plumbing, air conditioning equipment, and other service equipment shall also meet the above provisions. ii. Replacements that are for maintenance and not part of a substantial improvement,may be installed at the original location provided the addition and/or improvements only comply with the standards for new construction consistent with the code and requirements for the original structure. c. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. d. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. e. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. f. Non-conforming structures or other development may not be enlarged,replaced,or rebuilt unless such enlargement or reconstruction is accomplished in conformance with the provisions of this ordinance. Provided,however,nothing in this ordinance shall prevent the repair, reconstruction,or replacement of a building or structure existing on the effective date of this ordinance and located totally or partially within the floodway,non-encroachment area,or stream setback,provided that the bulk of the building or structure below the regulatory flood protection elevation in the floodway,non-encroachment area,or stream setback is not increased and provided that such repair,reconstruction,or replacement meets all of the other requirements of this ordinance. g. New solid waste disposal facilities,hazardous waste management facilities,salvage yards,and chemical storage facilities shall not be permitted in Special Flood Hazard Areas or Future Conditions Flood Hazard Areas.A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a Special Flood Hazard Area or Future Conditions Flood Hazard Area only if the structure or tank is either elevated or floodproofed to at least the regulatory flood protection elevation and certified according to Section 9.5 (D)(3)of this code. h. All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage. i. All subdivision proposals and other development proposals shall have public utilities and facilities such as sewer,gas,electrical,and water systems located and constructed to minimize flood damage. j. All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure to flood hazards. k. All subdivision proposals and other development proposals shall have received all necessary permits from those governmental agencies for which approval is required by federal or state law, Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 33 of 39 Flood Damage Prevention. including Section 404 of the Federal Water Pollution Control Act Amendments of 1972,33 U.S.C. 1334. 1. When a structure is partially located in a Special Flood Hazard Area,the entire structure shall meet the requirements for new construction and substantial improvements. m. When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood elevations,the provisions for the more restrictive flood hazard risk zone and the highest BFE shall apply. n. Fill is prohibited in the SFHA and Future Conditions Flood Hazard Areas,including construction of buildings on fill.This includes not approving Conditional Letters or Letters of Map Revision-Based on Fill(CLOMR-F or LOMR-F). 3. Specific Standards. In all Special Flood Hazard Areas where BFE data has been provided and in Future Conditions Flood Hazard Areas where Future Conditions Flood Elevations data has been provided,as set forth in Section 9.5 (13)(1),the following provisions are required: a. Residential Construction.New construction or substantial improvement of any residential structure (including manufactured homes) shall have the reference level,including basement, elevated no lower than two feet above the regulatory flood protection elevation or established BFE. b. Non-Residential Construction.New construction or substantial improvement of any commercial,industrial,or other non-residential structure shall have the reference level,including basement,elevated no lower than the regulatory flood protection elevation. Structures located in A,AE,and X(Future) Zones may be floodproofed to the regulatory flood protection elevation in lieu of elevation provided that all areas of the structure below the required flood protection elevation are watertight with walls substantially impermeable to the passage of water,using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in Section 9.5 (D)(3). c. Manufactured Homes.New or replacement manufactured homes shall be elevated so that the reference level of the manufactured home is no lower than the regulatory flood protection elevation. In no case shall manufactured mobile homes be allowed in an A,AE,or X (Future) Zone. i. Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation,collapse,and lateral movement,either by certified engineered foundation system,or in accordance with the most current edition of the State of North Carolina Regulations for Manufactured Homes adopted by the Commissioner of Insurance pursuant to N.C.G.S. 143-143.15. Additionally,when the elevation would be met by an elevation of the chassis thirty-six(36)inches or less above the grade at the site,the chassis shall be supported by reinforced piers or engineered foundation. When the elevation of the chassis is above thirty-six (36)inches in height,an engineering certification is required. ii. All enclosures or skirting below the lowest floor shall meet the requirements of Section 9.5 (E)(3)(d)- iii. An evacuation plan must be developed for evacuation of all residents of all new,substantially improved or substantially damaged manufactured home parks or subdivisions located within Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 34 of 39 Flood Damage Prevention. flood prone areas.This plan shall be filed with and approved by the Floodplain Administrator and the local Emergency Management Coordinator. d. Elevated Buildings. New construction or substantial improvements of elevated buildings that include fully enclosed areas that are below the regulatory flood protection elevation shall not be designed to be used for human habitation but shall be designed to be used only for parking of vehicles,building access,or limited storage of maintenance equipment used in connection with the premises,be constructed entirely of flood-resistant materials below the regulatory flood protection level in A,AE,or X(Future) zones and meet the following design criteria: i. Measures for complying with this requirement shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. To meet this requirement,the foundation must either be certified by a professional engineer or architect or meet the following minimum design criteria: a) Provide a minimum of two (2) openings on different sides of each enclosed area subject to flooding. b) The total net area of all openings must be at least one(1) square inch for each square foot of each enclosed area subject to flooding. c) If a building has more than one(1) enclosed area,each area must have openings on exterior walls to allow floodwater to automatically enter and exit; d) The bottom of all required openings shall be no higher than one (1)foot above the adjacent grade;and, e) Openings may be equipped with screens,louvers,or other opening coverings or devices provided they permit the automatic flow of floodwaters in both directions. f) Foundation enclosures. 1. Vinyl or sheet metal skirting is not considered an enclosure for regulatory and flood insurance rating purposes.Therefore such skirting does not require hydrostatic openings as outlined above. 2. Masonry or wood underpinning,regardless of structural status,is considered an enclosure and requires hydrostatic openings as outlined above to comply with this ordinance. ii. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door)or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator). The interior portion of such enclosed area shall not be partitioned or finished into separate rooms,except to enclose storage areas. iii. Shall not be temperature-controlled or conditioned. iv. Shall be constructed entirely of flood resistant materials at least to the Regulatory Flood Protection Elevation. e. Fill/Grading. i. Fill is prohibited in the SFHA and Future Conditions Flood Hazard Areas. f. Additions and Improvements. Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 35 of 39 Flood Damage Prevention. i. Additions and/or improvements to pre-FIRM structures whereas the addition and/or improvements in combination with any interior modifications to the existing structure: a) Are not a substantial improvement,the addition and/or improvements must be designed to minimize flood damages and must not be any more non-conforming than the existing structure;and b) Is a substantial improvement,both the existing structure and the addition and/or improvements must comply with the standards for new construction. ii. Additions to post-FIRM structures with no modifications to the existing structure shall require only the addition to comply with the standards for new construction. iii. Additions and/or improvements to post-FIRM structures whereas the addition and/or improvements in combination with any interior modifications to the existing structure: a) Are not a substantial improvement,the addition and/or improvements only must comply with the standards for new construction;and b) Are a substantial improvement,both the existing structure and the addition and/or improvements must comply with the standards for new construction. iv. Where a fire wall or independent perimeter load-bearing wall is provided between the addition and the existing building,the addition(s) shall be considered a separate building,and only the addition must comply with the standards for new construction. v. Any combination of repair,reconstruction,rehabilitation,addition or improvement of a building or structure taking place during a one (1) year period,the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started must comply with the standards for new construction. For each building or structure,the one(1)year period begins on the date of the first improvement or repair of that building or structure subsequent to the effective date of this ordinance. Substantial damage also means flood-related damage sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event,on the average,equals or exceeds 25 percent of the market value of the structure before the damage occurred. If the structure has sustained substantial damage,any repairs are considered substantial improvement regardless of the actual repair work performed.The requirement does not,however,include either: a) Any project for improvement of a building required to correct existing health,sanitary or safety code violations identified by the building official and that are the minimum necessary to assume safe living conditions. b) Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. g. Recreational Vehicles.Recreation vehicles shall not be allowed within a Special Flood Hazard Area or a Future Conditions Flood Hazard Area. Furthermore,they shall be on site for fewer than one-hundred eighty(180) consecutive days and be fully licensed and ready for highway use (A recreational vehicle is read for highway use if it is on its wheels or jacking system,is attached to the site only by quick disconnect type utilities and has no permanently attached additions). h. Temporary Structures.Prior to the issuance of a floodplain development permit for a temporary structure, (i.e.Construction Trailer) the following requirements must be met: Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 36 of 39 Flood Damage Prevention. i. Applicants must submit to the Stormwater Administrator a plan for the removal of such structure(s)in the event of a hurricane or flash flood warning notification. The plan must include the following information: a) A specified time period for which the temporary use will be permitted; b) The name, address,and phone number of the individual responsible for the removal of the temporary structure; c) The time frame prior to the event at which a structure will be removed (i.e.minimum of seventy-two (72)hours before landfall of a hurricane or immediately upon flood warning notification); d) A copy of the contract or other suitable instrument with a trucking company to insure the availability of removal equipment when needed;and e) Designation,accompanied by documentation,of a location outside the Special Flood Hazard Area or Future Conditions Flood Hazard Area to which the temporary structure will be moved. ii. The above information shall be submitted in writing to the Stormwater Administrator for review and written approval. i. Accessory Structures.When accessory structures (sheds,detached garages,etc. see Section 5.10) are to be placed within a Special Flood Hazard Area or Future Conditions Flood Hazard Area,the following criteria shall be met: i. Accessory structures shall not be used for human habitation (including work,sleeping,living, cooking or restroom areas); ii. Accessory structures shall be designed to have low flood damage potential; iii. Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters; iv. Accessory structures shall be firmly anchored in accordance with Section 9.5 (E)(2)(a); v. All service facilities such as electrical and heating equipment shall be installed in accordance with Section 9.5 (E)(2)(b);and vi. Openings to relieve hydrostatic pressure during a flood shall be provided below regulatory flood protection elevation in conformance with Section 9.5 (E)(3)(d)(i). vii. An accessory structure with a footprint of less than one-hundred fifty(150) square feet does not require an elevation or floodproofing certificate. Elevation or floodproofing certifications are required for all other accessory structures in accordance with Section 9.5 (D)(3)• viii.Accessory structures shall not be temperature-controlled. j. Other Development. i. Fences in regulated floodways and NEAs that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences,shall meet the limitations of Section 9.5 (E)(1) of this ordinance. Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 37 of 39 Flood Damage Prevention. ii. Retaining walls,sidewalks and driveways in regulated floodways and NEAs. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Section 9.5 (E)(1) of this ordinance. iii. Roads and watercourse crossings in regulated floodways and NEAs. Roads and watercourse crossings,including roads,bridges,culverts,low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side,that encroach into regulated floodways shall meet the limitations of Section 9.5 (E)(1) of this ordinance. 4. Standards for Floodplains Without Established Base Flood Elevations.Within the Special Flood Hazard Areas designated as Approximate Zone A and established in Section 9.5 (B)(1),where no BFE data has been provided,the following provisions shall apply: a. No encroachments,including fill,new construction,substantial improvements or new development shall be permitted within a distance of fifty(50) feet each side from top of bank or five times the width of the stream whichever is greater,unless certification with supporting technical data by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. b. The BFE used in determining the regulatory flood protection elevation shall be determined based on one of the following criteria set in priority order: i. If BFE data is available from other sources,all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this ordinance and shall be elevated or floodproofed in accordance with Section 9.5 (D)(3). ii. All subdivision and major development proposals shall provide BFE data if development is greater than five(5)acres or has more than fifty(50)lots/manufactured home sites. Such BFE data shall be adopted by reference per Section 9.5 (B)(1)to be utilized in implementing this ordinance. iii. When BFE data is not available from a Federal,State,or other source as outlined above,the reference level,including basement,shall be elevated at least two (2) feet above the highest adjacent grade. 5. Standards For Areas of Shallow Flooding(Zone AO). Located within the Special Flood Hazard Areas are areas designated as shallow flooding areas.These areas have special flood hazards associated with base flood depths of one(1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate.In addition to Sections 9.5 (E)(2) and(3),all new construction and substantial improvements shall meet the following requirements: Town of Knightdale Chapter 9—Environmental Protection Standards Knightdale Next UDO Update Page 38 of 39 Flood Damage Prevention. a. The reference level shall be elevated at least as high as the depth number specified on the Flood Insurance Rate Map (FIRM),in feet,plus a freeboard of two (2) feet,above the highest adjacent grade;or at least four(4) feet above the highest adjacent grade if no depth number is specified. b. Non-residential structures may,in lieu of elevation,be floodproofed to the same level as required in Section 9.5 (E)(3)(b), so that the structure,together with attendant utility and sanitary facilities,below that level shall be watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required in accordance with Section 9.5 (D)(3) and Section 9.5 (E)(3)(b). c. Adequate drainage paths shall be provided around structures on slopes,to guide floodwaters around and away from proposed structures. 6. Standards For Areas of Shallow Flooding(Zone AH). Located within the Special Flood Hazard Areas established in Section 9.5 (B)(1),are areas designated as shallow flooding areas. These areas are subject to inundation by 1-percent-annual-chance shallow flooding(usually areas of ponding) where average depths are one (1) to three (3) feet. Base Flood Elevations are derived from detailed hydraulic analyses are shown in this zone.In addition to Sections 9.5 (E)(2) and(3),all new construction and substantial improvements shall meet the following requirements: a. Adequate drainage paths shall be provided around structures on slopes,to guide floodwaters around and away from proposed structures. 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A A A A A A A. lD 00 w w V 0l C) V V V O N AID 00 F+ A F+ A V Ol Ol A 00 V N Ol N N 00 00 00 m w N A W N N N N N _ WWWWWWWWW co m (m0 0 m0 0 0 0 0 < < < a a I v o v v n n n n n addvmmmmm n n n n m m m m m m m m l CBI SCM ASSETS id name controlType projectType inspection)receivingWaterName 19442 Palisades SCM:WP Wet Pond Private Anually UT(Neuse River) 19445 Ample Storage:DP Dry Detention Pond Commercial Development Anually UT(Neuse River) 19446 Army Reserve-WP East Wet Pond Government Anually UT(Neuse River) 20542 Knightdale Station Park WP-1("A") Wet Pond Municipal Anually Poplar Creek 20547 Knightdale Station Park WP-2("B") Wet Pond Municipal Anually Poplar Creek 20548 Knightdale Station Park LS-1 Level Spreader Municipal Anually Poplar Creek 20549 Knightdale Station Park DP-1("C") Dry Detention Pond Municipal Anually Poplar Creek 20550 Knightdale Station Park WP-3("Al")/Retired DP"A" Wet Pond Municipal Anually Poplar Creek 20551 Hinton Oaks Industrial Park CW(BMP#2)AG&M Stormwater Wetlands Industrial Anually Milburnie Creek 20552 Square D Dry Detention Pond Industrial Anually Mark's Creek 20553 Elevation Baptist Church-WP Wet Pond Commercial Development Anually Mark's Creek 20554 Elevation Baptist Church-DP Dry Detention Pond Commercial Development Anually Mark's Creek 20555 Elevation Baptist Church-LS Level Spreader Commercial Development Anually Mark's Creek 20559 Sam's Xpress Wet Pond Commercial Development Anually Milburnie Creek 20563 Brookfield Station-Wet Pond Wet Pond Subdivision Anually Mingo Creek 20564 REX Knightdale WP Wet Pond Commercial Development Anually Mingo Creek 20565 Glenmere Forest(Amenity Center) Stormwater Wetlands Subdivision Anually Poplar Creek 20568 Langston Ridge SCM 2 Wet Pond Subdivision Anually Mingo Creek 20569 Langston Ridge SCM 1 Wet Pond Subdivision Anually Mingo Creek 20574 Knightdale Station-Cottages WP Wet Pond Multi-Family Residential Lot Anually Mark's Creek 20578 Eastgate WP-1 Wet Pond Industrial Anually UT(Neuse River) 20579 Eastgate WP-2 Wet Pond Industrial Anually UT(Neuse River) 20585 Laurel Crossing Apartments-Constructed Wetlands Stormwater Wetlands Multi-Family Residential Lot Anually Beaver Dam Creek 20586 Duke Medical Building WP-1 Wet Pond Commercial Development Anually UT(Neuse River) 20587 Duke Medical Building WP-2 Wet Pond Commercial Development Anually UT(Neuse River) 20588 Berkshire Park Apartments-WP1 Wet Pond Multi-Family Residential Lot Anually Beaver Dam Creek 20589 Berkshire Park Apartments-WP2 Wet Pond Multi-Family Residential Lot Anually Beaver Dam Creek 20591 Eastgate WP-3 Wet Pond Industrial Anually UT(Neuse River) 20627 Langston Ridge SCM 3 Wet Pond Residential Development Anually Mingo Creek 20628 Langston Ridge SCM 4 Wet Pond Residential Development Anually Mingo Creek 20629 Langston Ridge Amenity Center SCM Wet Pond Residential Development Anually Mingo Creek 20639 Church of LDS-DP Dry Detention Pond Institutional Anually Beaver Dam Creek 20640 Alta View Legacy Oaks-WP Wet Pond Multi-Family Residential Lot Anually UT(Neuse River) 20641 Mingo Creek Apartments-WP Wet Pond Multi-Family Residential Lot Anually Mingo Creek 20650 WS Athletic Park-WP 1 Wet Pond City Project Anually Beaver Dam Creek 20651 WS Athletic Park-WP 2 Wet Pond City Project Anually Beaver Dam Creek 20655 Lowe's 1095-WP Wet Pond Commercial Development Anually Mingo Creek 20712 Glenmere WP-1 Wet Pond Subdivision Anually Poplar Creek 20713 Haywood Glen WP-1 Wet Pond Subdivision Anually Mark's Creek 20714 Verizon UD-1 Underground Detention Commercial Development Anually Mingo Creek 20767 First Citizens Bank WP Wet Pond Commercial Development Anually Mingo Creek 20768 Hinton Oaks Industrial Park WP(BMP#1) Wet Pond Industrial Anually UT(Neuse River) 20777 Beaver Dam LS-1 Level Spreader Subdivision Anually Beaver Dam Creek 20778 Beaver Dam LS-2 Level Spreader Subdivision Anually Beaver Dam Creek 20779 Beaver Dam LS-3 Level Spreader Subdivision Anually Beaver Dam Creek 20780 Beaver Dam LS-4 Level Spreader Subdivision Anually Beaver Dam Creek 20781 Beaver Dam LS-5 Level Spreader Subdivision Anually Beaver Dam Creek 20782 Beaver Dam LS-6 Level Spreader Subdivision Anually Beaver Dam Creek 20783 Hampton Inn-DP Dry Detention Pond Commercial Development Anually UT(Neuse River) 20784 Hampton Inn-SF Sand filter Commercial Development Anually UT(Neuse River) 20936 Environmental Park Wet Pond Government Anually Beaver Dam Creek 20939 The Addison Knightdale-Carrillon Assisted Living Dry Detention Pond Commercial Development Anually Poplar Creek 20940 Knightdale MOB#1 Bioretention Commercial Development Anually Beaver Dam Creek 20974 Weather Masters Bioretention Commercial Development Anually Beaver Dam Creek 21001 Poplar Creek Ph.1 DP-A w/LS Dry Detention Pond Subdivision Anually UT(Neuse River) 21002 Poplar Creek Ph.1 DP-B w/LS Dry Detention Pond Subdivision Anually UT(Neuse River) 21003 Poplar Creek Ph.1 DP-C w/LS Dry Detention Pond Subdivision Anually UT(Neuse River) 21004 Poplar Creek Ph.3 DP-D w/LS Dry Detention Pond Subdivision Anually UT(Neuse River) 21005 Poplar Creek Ph.2 LS#71 Dry Detention Pond Subdivision Anually UT(Neuse River) 21006 Poplar Creek Ph.3 LS#92 Level Spreader Subdivision Anually UT(Neuse River) 21007 Knightdale Station Preschool-Bioretention Bioretention Commercial Development Anually Mark's Creek 21008 ThalesAcademy-SW Wetland Stormwater Wetlands Commercial Development Anually Mark's Creek 21009 PW Facility-WP Wet Pond Government Anually Beaver Dam Creek 21010 Knightdale MOB 2-BIO Bioretention Commercial Development Anually Beaver Dam Creek 21014 Army Reserve-WP West Wet Pond Government Anually UT(Neuse River) 21015 Army Reserve-WP North Wet Pond Government Anually UT(Neuse River) 21018 Knightdale UMC-Pond A Wet Pond Institutional Anually Beaver Dam Creek 21019 Knightdale UMC-Pond B Wet Pond Institutional Anually Beaver Dam Creek 21021 Mingo Creek-WP Wet Pond Subdivision Anually Mingo Creek 21022 Mingo Creek-LS Level Spreader Subdivision Anually Mingo Creek 21023 Mingo Creek-LS 2 level Spreader Subdivision Anually Mingo Creek 21024 Mingo Creek-LS 3 Level Spreader Subdivision Anually Beaver Dam Creek 21025 Mingo Creek-LS 4 Level Spreader Subdivision Anually Beaver Dam Creek 21026 Knightdale Station WP-1 Wet Pond Subdivision Anually Mark's Creek 21027 Knightdale Station WP-2 Wet Pond Subdivision Anually Mark's Creek 21028 Knightdale Station WP-3 Wet Pond Subdivision Anually Mark's Creek 21029 Knightdale Station WP-4 Wet Pond Subdivision Anually Mark's Creek 21030 Midtown Commons-WP Wet Pond Commercial Development Anually UT(Neuse River) 21031 Parkstone WP-1 Wet Pond Residential Development Anually Mingo Creek 21032 Parkstone WP-3 Wet Pond Commercial Development Anually Mingo Creek 21033 Cheswick-WP 1 Wet Pond Subdivision Anually Mingo Creek 21034 Cheswick-WP 2 Wet Pond Subdivision Anually Mingo Creek 21035 Cheswick-WP 3 Wet Pond Subdivision Anually Mingo Creek 21036 Cheswick-WP 4 Wet Pond Subdivision Anually Mingo Creek 22143 Glenmere WP-3 Wet Pond Subdivision Anually Poplar Creek 22165 Eastgate WP-4 Wet Pond Industrial Anually UT(Neuse River) 22166 Eastgate WP-5 Wet Pond Industrial Anually UT(Neuse River) 22176 Prime BBQ-Infiltration Basin Infiltration Basin Commercial Development Anually Mark's Creek 22186 Haywood Glen WP-2 Wet Pond Subdivision Anually Mark's Creek 22197 Glenmere WP-2 Wet Pond Subdivision Anually Poplar Creek 22201 Princeton Manor SCM 1 Level Spreader Subdivision Anually UT(Neuse River) 22202 Princeton Manor SCM 2 Level Spreader Subdivision Anually UT(Neuse River) 24754 Haywood Glen WP-3 Wet Pond Subdivision Anually Mark's Creek 24755 WCPSS Forestville Elementary School CW-1 Dry Detention Pond Institutional Anually UT(Neuse River) 24809 Cheswick(Amenity Center) Bioretention Subdivision Anually UT(Neuse River) 24812 Poplar Creek Ph.4 WP-1 Wet Pond Subdivision Anually UT(Neuse River) 24816 Haywood Glen 4 WP-1 Wet Pond Subdivision Anually Mark's Creek 24819 Flowers Place Subdivision-WPl Wet Pond Subdivision Anually Poplar Creek 24820 Forestville Village WP-1 Wet Pond Subdivision Anually UT(Neuse River) 24844 Hinton Oaks Lot 9 WP-1 Wet Pond Industrial Anually Beaver Dam Creek 24845 Legacy Oaks WP-1 Wet Pond Residential Development Anually Milburnie Creek 24846 Panera Bread WP-1 Wet Pond Commercial Development Anually Mingo Creek 24847 Collection WP-1 Wet Pond Residential Development Anually Poplar Creek 24848 Collection WP-2 Wet Pond Residential Development Anually Poplar Creek 24849 Collection BIO-1 Bioretention Residential Development Anually Poplar Creek 24850 Silverstone WP-2 Wet Pond Residential Development Anually UT(Neuse River) 24851 Silverstone WP-1 Wet Pond Residential Development Anually UT(Neuse River) 24852 Silverstone WP-3 Wet Pond Residential Development Anually UT(Neuse River) 24853 Silverstone WP-5 Wet Pond Residential Development Anually UT(Neuse River) 24854 Silverstone WP-6 Wet Pond Residential Development Anually UT(Neuse River) 24855 Silverstone WP-7 Wet Pond Residential Development Anually UT(Neuse River) 24856 Silverstone WP-8 Wet Pond Residential Development Anually UT(Neuse River) 24857 Silverstone WP-9 Wet Pond Residential Development Anually UT(Neuse River) 24858 Silverstone WP-4 Wet Pond Residential Development Anually UT(Neuse River) 24859 Gateway WP-1 Wet Pond Industrial Anually Milburnie Creek 24860 Elevate Riverview WP-1 Wet Pond Residential Development Anually UT(Neuse River) 24861 Elevate Riverview WP-2 Wet Pond Residential Development Anually UT(Neuse River) 24862 Elevate Riverview WP-3 Wet Pond Residential Development Anually UT(Neuse River) 24863 Wake Veterinary Hospital IS Infiltration Basin Commercial Development Anually Mingo Creek 24864 Stoneriver 1&2 WP-1 Wet Pond Subdivision Anually UT(Neuse River) 24865 Stoneriver 3&4 WP-2 Wet Pond Residential Development Anually UT(Neuse River) 24866 Stoneriver 3&4 WP-1 Wet Pond Residential Development Anually UT(Neuse River) 24867 Stoneriver 3&4 WP-3 Wet Pond Residential Development Anually UT(Neuse River) 24868 Stoneriver 3&4 WP-3 Wet Pond Residential Development Anually UT(Neuse River) 24869 Allen Park P.1 WP-1 Wet Pond Residential Development Anually Beaver Dam Creek 24870 Allen Park WP-1 Wet Pond Subdivision Anually Beaver Dam Creek 24871 Allen Park WP-2 Wet Pond Subdivision Anually Beaver Dam Creek 24873 Rivers Edge WP-2 Wet Pond Residential Development Anually UT(Neuse River) 24874 Rivers Edge WP-1 Wet Pond Residential Development Anually UT(Neuse River) 24876 Lofts at Knightdale Station UD-1 Underground Detention Residential Development Anually Beaver Dam Creek 24877 Lofts at Knightdale Station UD-2 Underground Detention Residential Development Anually Beaver Dam Creek 24878 Hinton Oaks Industrial Park WP(Lot 8 BMP#f3) Wet Pond Industrial Anually Beaver Dam Creek 24880 Glenmere WP-6 Wet Pond Subdivision Anually Poplar Creek 24881 Glenmere WP-5 Wet Pond Subdivision Anually Poplar Creek 24882 Glenemere WP-7 Wet Pond Subdivision Anually Poplar Creek 24885 The Lawson BIO"B" Bioretention Medical Anually Mingo Creek 24886 The Lawson BIO"C" Bioretention Multi-Family Residential Lot Anually Mingo Creek 24887 The Lawson BIO"A" Bioretention Multi-Family Residential Lot Anually Mingo Creek 24888 Parkstone WP-2 Wet Pond Multi-Family Residential Lot Anually Mingo Creek 24890 WCPSS Forestville Elementary School BIO-1 Bioretention Government Anually Beaver Dam Creek 24891 WCPSS Neuse River Middle School (East Wake)BIO-1 Bioretention Government Anually Beaver Dam Creek 24892 WCPSS Neuse River Middle School (East Wake)BIO-2 Bioretention Government Anually Beaver Dam Creek Town of Knightdale Public Works � KNIGHTDALE 1302 Great Falls Court Stormwater Knightdale,NC 27545 (919)217-2250 Privately Owned Stormwater Control Measures Operation&Maintenance Plan Goals and Objectives: To ensure effectiveness and compliance of Privately Owned Stormwater Control Measures(SCMs) through routine maintenance and operation inspections. Last Update:July 26, 2023- Minor text and grammatical corrections Program Components a. Inventory b. Private Inspection & Maintenance c. TOK Inspection d. Process e. Enforcement d. Repairs or Retrofits(as needed) Inventory 1. There are currently(103) privately owned SCMs located within the Town's corporate limits.All SCM (Stormwater Control Measure)facilities are mapped in GIS(Geographic Information System)and the Towns MS4 Web Inspection software.This database is updated as new SCMs are certified and brought online. Private Inspection&Maintenance 1. Privately owned SCM devices are maintained by their owner(s) in accordance with the recorded O&M (Operations& Maintenance)agreement. 2. Private owners are required to inspect each SCM device annually and submit an inspection report to the Town for review. 3. All private inspections must be conducted by a licensed professional, as outlined in Chapter 9.4.h of the UDO. 2. Any deficiencies noted during this inspection that result in a Complaint with Maintenance (CM) or Non-Complaint(NC) result must be addressed within 60-90 days. (60 days(about 2 months)for Compliant with Maintenance reports, 90 days(about 3 months) with an updated signed/stamped inspection report for Non-Compliant facilities. 3. All private annual inspection reports can be found in their site-specific tracking folder in SharePoint. TOK Inspection 1. After receiving a Compliant inspection report,the Town will conduct an annual audit inspection. 2. This inspection ensures that; 1. The person conducting the inspection is properly certified. 2. All site conditions match those reported. 3. All prescribed remediation has been completed. Town of Knightdale KN IGHTDALE Public Works 1102 Great Falls Court Storm..w(itei, Knightdale,NC 27545 (919)217-2250 4. No other deficiencies have developed since the original inspection was conducted. 3. All audit inspections are conducted within the Towns electronic inspection software, MS4 web. 1. Reports are completed within the system and exported as PDFs to the SCMs site specific folder in SharePoint. 4. Once a compliant audit inspection has been completed by the Town,the SCMs annual inspection cycle is closed out for the year. Enforcement 1. Enforcement efforts may be required to ensure compliance with the Towns Post Construction Program as outlined in Chapter 9.4.1 of the UDO. 2. The sequence of enforcement may begin with a Notice to Comply; if no corrective action or response is received back to the Town, a Notice of Violation will be issued. Enforcement may also begin with immediate issuance of a Notice of Violation, depending on the violation's severity. 1. Some non-compliance examples may include: 1. A private SCM device has failed (i.e., bypass,dam failure, improper maintenance) 2. The private owner did not submit an annual inspection by the required due date. 3. The private owner did not complete all prescribed maintenance within the required timeframe. 4. The private owner did not comply with Town request for additional remediation or inspection. 3. Failure to comply with a Notice to Comply or Notice of Violation can result in the issuance of Civil Penalties as outlined in Chapter 9.4.1.2.b of the UDO = d a CD s a' 11 R m A �cLn u°o rt N O 7 fD N O 7 m O 3 m e=�F N N ~ ~ N F+ W V N O O O N N N N f+ N F+ O N n 3 m o � 8 3 7 <n O rt n n n I m oTi A w m fl! 7 N n O 7 m O N V N N N O N N Na W F+ W 1+ Z Z Z Z V