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Home My WebLink AboutNCS000426_Hickory EPA Audit App A_20181213 Appendix A Supporting Documents MS4 Inspection Report Hickory, NC: NPDES Permit No. NCS000426 Inspection Date: December 12, 2018 Appendix A Supporting Document 1 City of Hickory Stormwater Organizational Chart Toni NortonCatawba CountyPost Construction Stormwater Management and all Stormwater duties not allocated elsewherePollution Prevention and Good HousekeepingPublic Education and Outreach (contracted)Construction Site Stormwater Runoff (> 1 acre)Johnny WearWestern Peidmont Council of GovernmentsKevin Greer, PEPublic Services Director ‐ City EngineerLeaf Compost FacilityAndrew BallantyneKyle Butler, PEStormwater AdministratorKelly Winkler, PESenior EngineerPaul SpecncerRegional Compost FacilitySteve MillerAssistant Public Services DirectorNortheast Waste Water Treatment PlantKeith RhyneRick Patton, PEEngineering SupervisorBrad AbernathyGarage/FleetDrew FoyEnvironmental ManagerShawn PennellAssistant Public Services DirectorHenry Fork Waste Water Treatment PlantBob ShaverCity of HickoryStormwater Program Organizational Chart MS4 Inspection Report Hickory, NC: NPDES Permit No. NCS000426 Inspection Date: December 12, 2018 Appendix A Supporting Document 2 2018 Stormwater Management Program Assessment N.C. Division of Energy, Mineral and Land Resources (DEMLR) Stormwater Management Program Assessment 512 N.Salisbury Street , Raleigh NC 27604 Contained In this Report - Permit Number :NCS000426 Permit Number:NCS000426 County:Catawba MooresvilleRegion: City of Hickory 2018 Report Number:NCS000426_2018 Background Information SW100010 APPLICANT STATUS INFORMATION SW100020 Name of Public Entity Seeking Permit Coverage City of Hickory SW100060 Jurisdictional Area (square miles) 30.02 SW100070 Population Permanent 40638 SW100080 Population Seasonal (if available) N/A SW100110 RPE / MS4 SYSTEM INFORMATION SW100120 Storm Sewer Service Area (square miles) 30.02 SW100130 River Basin(s) Catawba River Basin SW100150 Estimated percentage of jurisdictional area containing the following four land use activities SW100160 Residential 20 SW100170 Commercial 9 SW100180 Industrial 30 SW100190 Open Space 40 SW100210 Do you have an inventory of storm water inlets, pipes, ditches, and open channels? Yes SW100220 Do you know how many outfalls your city discharges to and where they are located? Yes SW100260 EXISTING LOCAL WATER QUALITY PROGRAMS 3Page Number: SW100270 "Complete a table below for each river basin within the MS4 service area. The web sites and resource contacts listed below under Information Sources will help you locate the information you need. Storm water programs should be designed to address the specific needs of the community and water resources they are intended to protect. If you haven't done so already, collect information on your city's receiving waters and what pollutants and sources are impacting those waters. You should also know the various uses of your receiving waters so you can design a program to protect those uses. Complete a table below for each river basin within the MS4 service area. The web sites and resource contacts listed below under Information Sources will help you locate the information you need. " SW100280 River Basin SW100283 Program 1 SW100290 Receiving Stream Name See Emailed Table SW100300 Stream Segment See Emailed Table SW100310 Water Quality Classification See Emailed Table SW100320 Use Support Rating SW100325 TMDL No SW100331 Program 2 SW100332 Receiving Stream Name SW100333 Stream Segment SW100334 Water Quality Classification SW100335 Use Support Rating SW100336 TMDL SW100337 Program 3 SW100338 Receiving Stream Name SW100339 Stream Segment SW10033A Water Quality Classification SW10033B Use Support Rating SW10033C TMDL SW10033D Program 4 4Page Number: SW100400 Your river basin table should list the primary streams that receive stormwater runoff from the MS4 jurisdictional area. Primary streams are those that are shown on a USGS topo maps or SCS map. Streams that are shown on the USGS or SCS maps but do not have a name shall be listed as an unnamed tributary to the nearest named downstream receiving water body. SW10033E Receiving Stream Name SW10033F Stream Segment SW10033G Water Quality Classification SW10033H Use Support Rating SW10033I TMDL No SW100340 Local Nutrient Sensitive Waters Strategy No SW100350 Local Water Supply Watershed Program Yes SW100360 Delegated Erosion and Sediment Control Program Yes SW100370 CAMA Land Use Plan No SW100440 River basin you are in: http://h2o.enr.state.nc.us/basinwide/whichbasin.htm SW100450 Stream Index Numbers: http://h2o.enr.state.nc.us/bims/Reports/reportsWB.html SW100460 Water Quality Classifications: http://h2o.enr.state.nc.us/bims/Reports/reportsWB.html SW100470 Basinwide Water Quality Plans: http://h2o.enr.state.nc.us/basinwide/index.html SW100480 303(d) List: http://h2o.enr.state.nc.us/mtu/download.html SW100490 CO-PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co-permitting) SW100500 Do you co-permit with a permitted Phase I entity? No SW100510 If so, provide the name of that entity: N/A SW100550 Other Entity N/A SW100560 Have legal agreements been finalized between the co-permittees? No SW100570 RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS 5Page Number: SW100580 Do you intend that another entity perform one or more of your permit obligations? Yes SW100590 If yes, identify each entity and the element they will be implementing SW100600 Name of Entity Western Piedmont Council of Governments SW100610 Element they will implement Public Education and Outreach on Stormwater Impacts SW100620 Contact Person John Wear SW100630 Contact Address PO Box 9026 Hickory, NC 28603 SW100640 Contact Telephone Number 828-485-4283 SW100650 Are legal agreements in place to establish responsibilities? Yes SW100660 PERMITS AND CONSTRUCTION APPROVALS SW100700 State or NPDES Stormwater Permit Number (s) issued to the permittee NCS000426 SW100920 MS4 CONTACT INFORMATION SW100930 Provide the following information for the person/position that will be responsible for day to day implementation and oversight of the stormwater program. SW100940 Name Kyle Butler SW100950 Title Senior Civil Engineer SW100960 Street Address 76 N Center Street SW100970 PO Box 398 SW100980 City Hickory SW100990 State North Carolina SW101000 Zip 28601 6Page Number: SW101010 Telephone 828-323-1245 SW101020 Fax 828-323-7476 SW101030 E-Mail kbutler@hickorync.gov SW101040 "Permittee's Website" http://www.hickorync.gov/content/stormwater-program SW101050 BMPs SW101060 Do you plan to add any new BMPs? No SW101070 Do you plan to amend any existing BMPs? No SW101080 If yes, please provide a BMP description, measurable goal, and implementation schedule for each new or amended BMP. If further space is needed, attach additional sheets. 7Page Number: Information specifically regarding the permit SW101460 Permitting Information SW101490 Does the Stormwater Management Program provide an organizational chart that shows where the responsible parties fit into the structure of the permittee's organization? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. 8Page Number: Co-Permitting Information SW101570 Contract Operations SW101630 Does the Stormwater Management Program identify contract operations (i.e., Transit Authorities, Pesticide Application, Construction Projects, Street Washing, Maintenance of right-a-ways, GIS Mapping, Monitoring, Stream Restorations, Litter or Solid Waste Pickup, Recycling, Household Waste)? Not Applicable 9Page Number: Public Education and Outreach SW101690 Public Education and Outreach SW101700 Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW101710 Does the Stormwater Management Program identify the target audiences likely to have significant storm water impacts (including commercial, industrial and institutional entities) and why those target audiences were selected? Yes SW101720 Does the Stormwater Management Program identify what target pollutant sources the permittee's public education program is designed to address and why those sources are an issue? Yes SW101730 Does the Stormwater Management Program describe the permittee'ls outreach program (i.e., how the permittee plans to inform individuals and households about the steps they can take to reduce storm water pollution and how the permittee plans to inform individuals and groups on how to become involved in the storm water program? Yes SW101750 Has the permittee develop general stormwater educational material to appropriate target groups? Instead of developing its own materials, the permittee may rely on state-supplied Public Education and Outreach materials, as available, when implementing its own program. Yes SW101760 Does general stormwater educational material include information on the following topics: SW101770 Household Hazardous Waste Yes SW101780 Pet Waste Yes SW101790 Septic Systems No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW101800 Lawn and Gardening Yes SW101810 Vehicle Washing Yes SW101820 Erosion Yes 10Page Number: SW101830 Stream Buffers Yes SW101840 Flooding Yes SW101850 Litter Yes SW101860 List any additional topics not identified above. N/A SW101870 Does the permitteenulls outreach program include: SW101880 Distributing printed educational material to general public through utility mail outs? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW101890 Distributing printed educational material to general public through special events (i.e., Information booth at festivals and fairs)? Yes SW101900 Distributing printed educational material to business / industry? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW101910 Presentations to local community groups? Yes SW101920 Stormwater programs/presentations for elementary or middle schools? Yes SW101930 Local TV or radio spots? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW101940 Print Media - Ads / Articles / Newsletters? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. 11Page Number: SW101950 Posters? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW101960 Storm drain stenciling Yes SW101970 Other environmental education programs (i.e., Designate a "Keep SW Clean" month)? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW101980 Workshops Yes SW101990 Stream basin signage? Yes SW102000 Has the permittee developed an internet web site for newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff? Yes SW102020 Does the permittee maintain an internet web site for newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff? Yes SW102060 Classroom Outreach SW102070 The number of educational materials distributed to schools. 0 SW102080 The number of schools that participate in municipal-sponsored storm water workshops or activities. 10 SW102090 The number of students that participate in municipal-sponsored storm water workshops or activities. 424 SW102100 The number of workshops held for teachers. 2 SW102110 The number of certificates or other rewards given out to schools, classes, or students participating in storm water education. 0 SW102120 The number of students receiving storm water education as a regular part of the school curriculum. 424 SW102130 Displays, Signs, Presentations, Welcome Packets, and Pamphlets 12Page Number: SW102150 The number of stormwater related displays at special events or meetings. 1 SW102160 The number of people at events who saw the display or took a pamphlet/booklet. 50 SW102170 Number of new homeowner welcome packets containing storm-water-related information. 0 SW102180 The number of signs and billboards with stormwater related messages. 0 SW102190 The number of stormwater related presentations at special events or meetings. 17 SW102200 Commercial Outreach SW102210 The number of educational materials that were distributed to business owners and operators. 0 SW102220 The number of businesses trained under the stormwater program. 0 SW102310 Pet Waste Management SW102320 The number of "clean up after your pet" signs posted in parks and neighborhoods. 1 SW102330 The number of dog-walking designated areas in parks. 24 SW102340 The number of posters/brochures put up in pet supply stores. 0 SW102350 The number of educational materials given out to pet owners. 0 SW102360 Promotional Giveaways SW102370 The number of items given out. 0 SW102380 The number of events attended (to give out items). 0 SW102390 The number of partnerships for promotions (radio, TV, Businesses). 0 SW102400 Proper Disposal of Household Hazardous Waste SW102410 The number of household hazardous waste curbside pickup days. 1 annual drop off event 13Page Number: SW102420 The number of educational materials distributed to homeowners. advertise drop off event SW102430 The number of partnerships established with businesses. 0 SW102440 Outreach Programs to Minority and Disadvantaged SW102450 The number of brochures/posters created in non-English languages. 0 SW102460 The number of educational materials distributed in non-English languages. 0 SW102470 The number of partnerships established with minority organizations. 0 SW102480 The number of educational materials distributed to low-income neighborhoods. 0 SW102490 Attendance at workshops or public meetings held in low-income or minority neighborhoods. 0 SW102540 Using the Media SW102550 The number of public service announcements made on radio and TV. 0 SW102560 The number of stormwater related press releases/advertising. 0 SW102570 The number of stormwater related articles published. 0 SW102580 Water Conservation for Home Owners SW102590 The number of partnerships established with local water utilities. 7 SW102600 The number of water conservation or stormwater related utility inserts that are distributed with utility bills. 0 SW102610 A survey of homeowners about their water conservation behavior before and after the message is delivered. 0 14Page Number: Public Involvement and Participation SW102620 Public Involvement and Participation SW102630 Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW102640 Does the Stormwater Management Program identify the target audiences of the permitteenulls public involvement program, including a description of the types of ethnic and economic groups engaged? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW102650 Permittee are encouraged to actively involve all potentially affected stakeholder groups, including commercial and industrial businesses, trade associations, environmental groups, homeowners associations, and educational organizations, among others. SW102660 Does the Stormwater Management Program describe how the permittee will involve the public in the development and implementation of the permittee's storm water management program and the types of public involvement activities included in the permittee's program that the permittee plans to use to educate local community groups? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW102670 Has the permittee provided for the means to involve the public in the development and implementation of the permittee's storm water management program through: SW102680 Public Hearings, stakeholder meetings, or other meetings? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW102690 A Stormwater Steering Committee (or similar advisory group)? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW102700 Stream clean-up events? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. 15Page Number: SW102710 Adopt-a-stream, Adopt-a-drain, Adopt-a-highway or Adopt-a-trail program? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW102720 Reforestation programs or wetland planting programs? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW102730 A stormwater hotline? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW102740 Volunteer monitoring programs? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW102750 Storm drain stenciling? Yes SW102760 Encourage neighborhood coordinators to become active in the program? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW102770 Regional workshops? Yes SW102780 Telephone/Web/Mall surveys? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW102790 Working with citizen volunteers willing to educate others about the program? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW102830 Adopt-A-Stream Program 16Page Number: SW102840 The number of participants in Adopt-A-Stream, Adopt-a-drain, Adopt-a-highway or Adopt-a-trail programs. 0 SW102850 The quantity of trash and debris removed by Adopt-A-Stream, Adopt-a-drain, Adopt-a-highway or Adopt-a-trail volunteers (in tons). 0 SW102860 Surveys SW102870 The number of citizens solicited to complete surveys. 0 SW102880 The number of completed surveys. 0 SW102890 Hotlines SW102900 The number of calls received by a hotline(s). 0 SW102910 The number of problems/incidents remedied as a result of hotline calls. 0 SW102920 Reforestation Programs SW102930 The number of volunteer tree planters. 0 SW102940 The number of trees planted. 0 SW102950 The number of acres planted with trees. 0 SW102960 Public Hearings, stakeholder meetings, or other meetings SW102970 The number of meetings held. 0 SW102980 The number of attendees. 0 SW102990 The number of actions taken as a result of stakeholder meetings. 0 SW103000 Storm Drain Stenciling SW103010 The percent of drains stenciled. 10 SW103020 The number of stenciling volunteers. 20 17Page Number: SW103030 The number of drains stenciled. 250 SW103040 Stream Cleanup SW103050 The number of stream cleanups. 0 SW103060 The number of cleanup participants. 0 SW103070 The quantity of waste collected as a result of cleanup efforts (in tons). 0 SW103080 The number of stream miles cleaned. 0 SW103090 Volunteer Monitoring SW103100 The number of volunteers participating in monitoring programs. 0 SW103110 The frequency of monitoring in the watershed (D-Daily, W-Weekly, B-Bimonthly, M-Monthly, Q-Quarterly and A-annually). 0 SW103120 The number of volunteer monitoring stations established in the watershed. 0 SW103130 The number of volunteer monitoring training sessions held. 0 SW103140 The number of actions that were taken as a result of the monitoring data -collected by volunteers. 0 SW103150 Wetland Plantings SW103160 The acres of land planted. 0 SW103170 The number of volunteers that participated in planting. 0 SW103180 The number of planting events held. 0 18Page Number: Illicit Discharge Detection and Elimination SW103190 Illicit Discharge Detection and Elimination SW103200 Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW103210 Stormwater Map SW103220 Has the permittee will developed or the in the process of developing a storm sewer map showing the location of all outfalls and the names and location of all receiving waters? Yes SW103260 Does stormwater mapping include drainage areas? Yes SW103270 Does stormwater mapping include receiving streams? Yes SW103280 Does stormwater infrastructure mapping include outfalls? Yes SW103290 Estimated or actual number of outfalls. 1361 SW103300 Does stormwater infrastructure mapping include sewer pipes? Yes SW103310 Does stormwater infrastructure mapping include structures (e.g., detention ponds and other structural BMPs? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW103320 Estimated or actual number of structural BMPs? Unknown SW103330 Percent of outfall mapping complete. 90 SW103340 Does the Stormwater Management Program describe the mechanism (ordinance or other regulatory mechanism) the permittee will use to effectively prohibit illicit discharges into the MS4 and why the permittee chose that mechanism? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. 19Page Number: SW103350 Does the Stormwater Management Program describe the permittee's plan to ensure appropriate enforcement procedures and actions such that the permittee's illicit discharge ordinance (or other regulatory mechanism) is implemented? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW103360 Does the Stormwater Management Program describe the permittee's plan to detect and address illicit discharges to the permittee's system, including discharges from illegal dumping and spills? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW103370 The permittee must implement an inspection program to detect dry weather flows at system outfalls and, at a minimum, must address the following: SW103380 Procedures for locating priority areas. SW103390 Procedures for tracing the source of an illicit discharge, including the specific techniques permittee will use to detect the location of the source. SW103400 Procedures for removing the source of the illicit discharge. SW103410 Procedures for evaluation of the plan to detect and eliminate illicit discharges. SW103420 Does the Stormwater Management Program address the following categories of non storm water discharges or flows (i.e., illicit discharges) only if permittee identify them as significant contributors of pollutants to the permitteenulls small MS4: No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW103430 landscape irrigation; SW103440 water line flushing; SW103450 diverted stream flows; SW103460 uncontaminated groundwater infiltration; SW103470 discharges from potable water sources; SW103480 air conditioning condensate (commercial/residential); SW103490 springs; SW103500 footing drains; SW103510 residential and charity car washing; SW103520 dechlorinated swimming pool discharges; 20Page Number: SW103530 rising groundwaters; SW103540 uncontaminated pumped groundwater; SW103550 foundation drains; SW103560 irrigation waters (does not include reclaimed water as described in 15A NCAC 2H .0200); SW103570 water from crawl space pumps; SW103580 lawn watering; SW103590 flows from riparian habitats and wetlands; SW103600 street wash water; SW103610 flows from emergency fire fighting. SW103620 The permittee may also develop a list of other similar occasional, incidental non-storm water discharges that will not be addressed as illicit discharges. SW103630 These non-storm water discharges must not be reasonably expected (based on information available to the permittees) to be significant sources of pollutants to the Municipal Separate Storm Sewer System, because of either the nature of the discharges or conditions the permittee has established for allowing these discharges to the permittee's MS4 (e.g., activity with appropriate controls on frequency, proximity to sensitive waterbodies, BMPs). SW103640 Does the Stormwater Management Program document local controls or conditions placed on discharges and a provision prohibiting any individual non-storm water discharge that is determined to be contributing significant amounts of pollutants to the permittee's MS4? No Root Cause :Best Management Practice is not effective or implemented properly Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW103650 In addition to conducting training for selected staff on detecting and reporting illicit discharges," does the Stormwater Management Program describe how the permittee plans to inform businesses and the general public of hazards associated with illegal discharges and improper disposal of waste? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW103700 Does the Stormwater Management Program establish and publicize a reporting mechanism for the public to report illicit discharges? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. 21Page Number: SW103710 Does the Stormwater Management Program establish an illicit discharge management tracking system? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW103720 Does the Stormwater Management Program establish a stormwater incident response program? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW103730 Does the Stormwater Management Program provide for an illicit discharge brochure, poster or other educational material development and distribution? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW103740 Does the Stormwater Management Program provide for a septic system program in conjunction with the Health Department? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW103750 Does the Stormwater Management Program provide street sweeping, inspecting and cleaning inlets and outfalls? Yes SW103760 Does the Stormwater Management Program establish procedures to coordinate efforts to eliminate illicit discharge cross connections between sanitary and storm sewers? Yes SW103770 Does the Stormwater Management Program establish procedures to maintain the sanitary sewer system? Yes SW103780 Does the Stormwater Management Program establish a Household Waste Recycling Program? Yes SW103850 Identifying Illicit Connections SW103860 The number of sites prioritized for inspection. 0 SW103870 The number of illicit connections reported by citizens. 0 SW103880 The number of illicit connections found. 0 22Page Number: SW103890 The number of illicit connections repaired/replaced. 0 SW103900 The number of illicit connection referrals. 0 SW103910 Illegal Dumping SW103930 The number of illegal dumps reported by citizens. 6 SW103940 The number of penalties enforced upon the participants of illegal dumps. 0 SW103950 The number of illegal dump or sit-out clean-ups completed. 6 SW103970 Industrial or Business Connections SW103980 The number of dry weather tests/inspections completed. 0 SW103990 The number of high-risk connections prioritized. 0 SW104000 The number of illicit connections reported by employees or businesses. 0 SW104010 The number of illicit connections found. 0 SW104020 The number of illicit connections repaired/replaced. 0 SW104030 Recreational Sewage SW104040 The number of pump-out stations. 0 SW104050 The number of no-discharge areas created. 0 SW104060 The number of new signs added to inform users of dumping policies and alternatives. 0 SW104070 The number of enforced cases of recreational dumping. 0 SW104080 The number of citizen complaints made reporting illegal action. 0 SW104090 Sanitary Sewer Overflows (SSO) 23Page Number: SW104100 The number of overflows reported. 0 SW104110 The number of overflow causes that were identified during inspections. 0 SW104120 The number of sites repaired. 10 (preemptive) SW104130 Wastewater Connections to the Storm Drain System SW104140 The number of rerouted connections. 0 SW104150 The number of dry weather monitoring activities performed. 0 SW104160 The number of unwarranted connections reported. 0 SW104170 The number of unwarranted connections found. 0 SW104180 The number of unwarranted connections repaired/replaced. 0 24Page Number: Construction Site Stormwater Runoff Control SW104190 Construction Site Stormwater Runoff Control SW104200 Does the permittee rely on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure for private development? (If no, go to SW104220) Yes SW104210 If the permittee relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure for private development, than the NCDENR Division of Land Resources Erosion and Sediment Control Program effectively meets the requirements of the Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. SW104220 Does the permittee rely on rely on a locally delegated program to meet the minimum measure for private development requirements? (If no, go to SW104300) Yes SW104230 If the permittee relies on a local government to comply with this minimum measure, does the permittee conduct random inspections of local land disturbing activities that have a sediment and erosion control permit, issued by local government? Yes SW104250 If the permittee relies on a local government to comply with this minimum measure, does the permittee report sites that are not in compliance with their sediment and erosion control permits to the local government? Yes SW104260 If the permittee relies on a local government to comply with this minimum measure, does the permittee report unresolved concerns to the local government? Yes SW104270 If the permittee relies on a local government to comply with this minimum measure, does the permittee maintain a record of unresolved concerns reported to the local government? Not Applicable SW104300 Does the permittee have a delegated program to meet the requirements of an Erosion and Sediment Control Program for private development? (If no go to SW104450) No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW104310 Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW104320 Does the Stormwater Management Program describe the mechanism (ordinance or other regulatory mechanism) the permittee will use to require erosion and sediment controls at construction sites and why the permittee chose that mechanism? Yes 25Page Number: SW104330 If permittee needs to develop this mechanism, the permittee's plan should describe the plan and a schedule to do so. SW104340 Does the Permittee conduct site plan review(s), including the review of pre-construction site plans, which incorporate consideration of potential water quality impacts? Yes SW104350 The Stormwater Management Program must describe procedures and the rationale for how permittee will identify certain sites for site plan review, if not all plans are reviewed and describe the estimated number and percentage of sites that will have pre-construction site plans reviewed. SW104360 Does the Stormwater Management Program describe the permittee's plan to ensure compliance with the permittee's erosion and sediment control regulatory mechanism, including the sanctions and enforcement mechanisms permittee will use to ensure compliance? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW104370 The Stormwater Management Program must describe the permittee's procedures for when the permittee will use certain sanctions. Possible sanctions include non-monetary penalties (such a stop work orders), fines, bonding requirements, and/or permit denials for non-compliance. SW104380 Does the Stormwater Management Program describe the permittee's procedures for site inspection and enforcement of control measures, including how the permittee will prioritize sites for inspection? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW104430 Does the Stormwater Management Program require construction site operators to implement erosion and sediment control BMPs and to control construction site wastes that may cause adverse water quality impacts? Yes SW104440 Does the Stormwater Management Program require construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality? Yes SW104450 Does the permittee provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW104460 Consider coordinating this requirement with the permittee's public education program. Publicize the procedures and contact information. The procedures must lead directly to a site inspection or other timely follow-up action. The permittee may implement a plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. SW104470 Staff Training and Certification SW104480 The number of training and certification programs offered to staff. 0 26Page Number: SW104490 The number of trained staff inspectors. 0 SW104500 The number of certified staff inspectors. 0 SW104510 The number of certified contractors by permittee. 0 SW104520 Inspection and Enforcement SW104530 The number of plans reviewed greater than one acre. Unknown SW104590 The number of enforcement actions or NOVs taken. Unknown 27Page Number: Post-Construction Storm Water Management in New Development and Redevelopment SW104890 Post-Construction Storm Water Management in New Development and Redevelopment SW104900 Does the Stormwater Management Plan summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? Yes SW104910 Does the Stormwater Management Program describe how the permittee will develop an ordinance or other regulatory mechanism to implement and enforce a program to address post construction runoff from new development and redevelopment projects? Yes SW104920 The permittee's ordinances, and subsequent modifications, will be reviewed and approved by DWQ prior to implementation. The approval process will establish subsequent timeframes when DWQ will review performance under the ordinance(s). The reviews will occur, at a minimum, every five years. Regulated public entities without ordinance making powers must demonstrate similar actions taken in their post construction stormwater management program to meet the minimum measure requirements. SW104930 Does the Stormwater Management Program describe how the permittee will ensure the long-term operation and maintenance (O&M) of BMPs? Yes SW104940 Options to help ensure that future O&M responsibilities are clearly identified include an agreement between the permittee and another party, such as the post-development landowners or regional authorities. Yes SW105000 Does the Stormwater Management Program explain how the permittee will control the sources of fecal coliform to the maximum extent practicable? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW105010 Do new development and redevelopment codes allow for the following: SW105020 Bioretention basins? Yes SW105030 Alternative pavers? Yes SW105040 Buffer zones? Yes SW105050 Dry ponds? Yes SW105060 Wet ponds? Yes SW105070 Alternatives to curb and gutter? Yes 28Page Number: SW105080 Grass swales? Yes SW105090 Grassed filter strips? Yes SW105100 Green parking lots? Yes SW105110 In-line storage systems? Yes SW105120 Infiltration basins? Yes SW105130 Infiltration trenches? Yes SW105140 Manufactured products installed in storm water inlets? Yes SW105150 Developments and redevelopments that use narrow streets? Yes SW105160 On-lot treatment? Yes SW105170 Open space design? Yes SW105180 Sand and organic filters? Yes SW105190 Porous pavement? Yes SW105200 Stormwater wetlands? Yes SW105210 Urban forestry? Yes SW105220 Does the Stormwater Management Program, in coordination with the County Health Department, ensure proper operation and maintenance of on-site wastewater treatment systems for domestic wastewater? Yes SW105230 Does the Stormwater Management Program provide training for staff and developers/builders? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. 29Page Number: SW105260 BMP Inspection and maintenance SW105270 Are annual inspection reports required of permitted structural BMPs performed by a qualified professional? Yes SW105280 The number of BMP inspections and/or maintenance activities. 0 SW105290 The number of problems that were identified and remedied. 0 SW105300 New Development and Redevelopment BMP Summary SW105310 The number of development/redevelopment projects regulated for post-construction stormwater control. Unknown SW105550 Evaluation of Post-construction Stormwater Management Program Measures SW105560 Model Practices: For those areas within the jurisdictional area of the permittee that are not subject to the post-construction stormwater management provisions of another existing state stormwater management program, does the permittee's Post-construction Stormwater Management Program equal or exceed the stormwater management and water quality protection provided by the following model practices: SW105570 Does the permittee issue local stormwater management permits to new development or redevelopment projects as either a low density project or a high density project? Yes SW105580 Do projects permitted as a low density projects meet the following criteria: Yes SW105590 No more than two dwelling units per acre or 24% built-upon area; and, SW105600 Use of vegetated conveyances to the maximum extent practicable? SW105610 Are projects permitted as high density projects meet the following requirements: Yes SW105620 The stormwater control measures control and treat the difference between the pre-development and post-development conditions for the 1-year 24-hour storm. Runoff volume draw-down time must be a minimum of 24 hours, but not more than 120 hours; SW105630 All structural stormwater treatment systems are designed to achieve 85% average annual removal of total suspended solids; and SW105640 Stormwater management measures comply with the General Engineering Design Criteria For All Projects requirements listed in 15A NCAC 2H .1008(c); SW105650 Are deed restrictions and/or protective covenants required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans? Yes SW105660 Are all built-upon areas at least 30 feet landward of perennial and intermittent surface waters? Yes 30Page Number: SW105670 Watershed Protection Plans: Has the Permittee developed, adopted, and implemented a comprehensive watershed protection plan to meet part, or all, of the requirements for post-construction stormwater management? Yes SW105680 Areas within the jurisdictional area of the permittee that are already subject to the existing state stormwater management programs are deemed compliant with the post-construction stormwater management model practices identified in (a). The programs are: the Water Supply Watershed protection programs for WS-I – WS-IV waters, the HQW and ORW waters management strategies, the Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy, the Tar-Pamlico River Basin Nutrient NSW Strategy, and the Randleman Lake Water Supply Watershed program. SW105690 A regulated entity may develop its own comprehensive watershed plan, use the model ordinance developed by the Commission, design its own post-construction practices based on the Division’s guidance and engineering standards for best management practices, or incorporate the post-construction model practices to satisfy, in whole or in part, the requirements for post-construction stormwater management. SW105700 Additional Requirements for Trout Waters: Has the permittee developed, adopted, and implemented an ordinance (or similar regulatory mechanism) to ensure that the best management practices selected do not result in a sustained increase in the receiving water temperature? Not Applicable SW105710 Additional Requirements for Nutrient Sensitive Waters SW105720 Has the permittee developed, adopted, and implemented an ordinance (or similar regulatory mechanism) to ensure that the best management practices for reducing nutrient loading is selected? Not Applicable SW105730 Has the permittee developed and included a nutrient application (fertilizer and organic nutrients) management program in the Post-construction Stormwater Management Program? Not Applicable SW105740 In areas where the Environmental Management Commission has approved a Nutrient Sensitive Water Urban Stormwater Management Program, the provisions of that program fulfill the nutrient loading reduction requirement. 31Page Number: Pollution Prevention/Good Housekeeping for Municipal Operations SW105750 Pollution Prevention/Good Housekeeping SW105760 Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW105770 Does the Stormwater Management Program list the permittee’s municipal operations that are impacted by this operation and maintenance program? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW105780 The permittee must also include a list of industrial facilities the permittee owns or operates that are subject to NPDES Stormwater General Permits or individual NPDES permits for discharges of storm water associated with industrial activity that ultimately discharge to the permittee’s MS4, including the permit number and certificate of coverage number for each facility. SW105790 Municipal Operations include: SW105800 Transfer Station Yes SW105810 Fleet Maintenance Yes SW105820 Airport Yes SW105830 Animal Shelters No SW105840 Waste Water Treatment Plan Yes SW105850 Water Plants Yes SW105860 Construction Debris Site No SW105870 Transit Authority No SW105880 Public Works Operations Yes 32Page Number: SW105890 Prisons No SW105900 Emergency Service Facilities No SW105910 Fire Stations Yes SW105920 Landfills No SW105930 Schools No SW105940 Parks Yes SW105950 Waste Recycling Centers Yes SW105960 Vehicle Maintenance Operations Yes SW105970 Vehicle Wash Operations Yes SW105980 Pump Stations or Lift Stations Yes SW105990 Other: N/A SW106000 In addition to conducting staff training on stormwater pollution prevention and good housekeeping procedures, does the Stormwater Management Program describe any government employee training program the permittee will use to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW106010 Does the Stormwater Management Program describe any existing, available training materials the permittee plans to use? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. 33Page Number: SW106030 Does the Stormwater Management Program describe maintenance activities, maintenance schedules, and long-term inspection procedures for controls to reduce floatables and other pollutants to the permittee’s MS4? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW106050 Does the Stormwater Management Program describe the permittee’s procedures for the proper disposal of waste removed from the permittee’s MS4 and the permittee’s municipal operations, including dredge spoil, accumulated sediments, floatables, and other debris? No Root Cause :Best Management Practice is not established Plan of Action:Adopt and implement a Stormwater Management Plan (SWMP) using the DEMLR template to be provided in 2019. Establish and implement BMPs for all permit deficiencies. SW106110 Industrial Activities SW106120 Did the permittee conduct annual review of the industrial activities with a Phase I NPDES stormwater permit owned and operated by the permittee? Not Applicable SW106130 Did the permittee review the Stormwater Pollution Prevention Plan, the timeliness of any monitoring reports required by the Phase I permit, and the results of inspections and subsequent follow-up actions at the facilities. Not Applicable SW106160 Does the permittee have a Used Oil Recycling Program? Yes SW106170 Does the permittee have a street sweeping program? Yes SW106180 Does the permittee have a program to clean catch basins, storm lines, and ditches? Yes SW106190 Does the permittee review fertilizer and pesticide use programs? Not Applicable SW106200 Does the permittee have spill prevention plans at city facilities? Yes SW106210 City Facilities Inspections SW106220 Does the permittee inspect vehicle washing fueling, storage and maintenance areas? Yes SW106230 Does the permittee inspect material storage areas (i.e., storage areas for sand, salt, fertilizers, pesticides and other chemicals)? Yes SW106240 Does the permittee inspect stormwater outfalls? Yes 34Page Number: SW106250 Does the permittee inspect culverts? Yes SW106260 Does the permittee inspect swales/ditchs? Yes SW106270 Does the permittee inspect catch basins, inlets, and grates? Yes SW106280 Does the permittee inspect MS4 pipes? Yes SW106290 Does the permittee inspect solid and hazardous waste management facilities and recycling centers? Yes SW106300 Does the permittee inspect animal shelters and pounds? Not Applicable SW106310 Does the permittee inspect parking lots? Yes SW106320 Does the permittee inspect parks and open spaces? Yes SW106330 The number of inspections conducted. Unknown SW106400 Automobile Maintenance SW106410 The number of employees trained in preventing pollution from automobile maintenance activities. 0 SW106420 The number of sites rewarded as being a “clean site” under a rewards program. 0 SW106430 The number of spills reported. 0 SW106440 The number of educational materials distributed at garages, auto shops, and other automobile-related businesses. 0 SW106450 Hazardous Materials Storage SW106460 The total number of storage facilities equipped to store hazardous materials. Unknown SW106470 The number of regularly inspected storage units. Unknown SW106480 The number of employees trained in hazardous material storage and maintenance. Unknown 35Page Number: SW106490 Illegal Dumping SW106500 The number of “no dumping” signs posted. 0 SW106510 The number of educational materials distributed. 0 SW106520 The number of reports of illegal dumping received. 6 SW106530 The number of dump sites and/or illegal sit-outs cleaned up. 6 SW106540 The number of sites improved to eliminate as target dumping spots. 6 SW106550 The number of enforcement actions pertaining to illegal dumping. 6 SW106560 Landscape and Lawn Care, and Pest Control SW106570 The number of stores/gardens participating in education programs. 0 SW106580 The number of residents trained by the permittee in safe landscaping, lawn care, and pest management techniques. 7 SW106590 The number of classes/seminars offered by the permittee in landscaping and lawn care. 1 SW106610 The number of municipal employees trained in integrated pest management. 7 SW106620 Parking Lot and Street Cleaning SW106630 The number of parking lots. 28 SW106640 The number of scheduled parking lot and/or road cleanings. 8 times per year per street SW106650 Pet Waste SW106660 The number of dog parks. 1 SW106670 The number of "pooper-scooper" stations installed 41 SW106680 The number of educational materials distributed. 0 36Page Number: SW106690 Road Salt Application and Storage SW106700 The number of storage facilities included in a regular inspection and maintenance program. 1 SW106710 The number of employees trained in road salt application. 40 SW106720 The quantity of salt applied to roadways (in tons). 300 SW106730 The quantity of alternative products used (in tons). 500 SW106800 Spill Response and Prevention SW106810 The number of leak detection devices installed at municipal facilities. Unknown SW106820 The number of preventative maintenance procedures performed on tanks, valves, pumps, pipes, and other equipment. Unknown SW106830 The number of personnel trained in spill response. Unknown SW106840 The number of regularly inspected high-risk facilities. Unknown SW106850 The number of educational materials distributed to municipal employees. Unknown SW106860 Storm Drain System Cleaning SW106870 The number of outfalls cleaned regularly. Unknown SW106880 The number of storm drains cleaned regularly. Unknown SW106890 The amount of trash, sediment, and other pollutants removed during cleaning (in tons). Unknown SW106900 Used Oil Recycling SW106910 The number of gallons of used oil collected from municipal operations. Unknown SW106920 The number of recycling facilities that collect oil from municipal operations. 1 SW106930 The number of educational materials distributed to municipal employees. 0 37Page Number: SW106940 Vehicle Washing SW106950 The number of educational materials distributed to municipal employees. 0 SW106960 The number of designated municipal vehicle washing areas. 1 38Page Number: Program Accomplishments SW106970 Staff and Capital Improvement Projects SW106980 The number of staffed stormwater management position(s). 1.5 SW106990 The number of new stormwater management position(s) created or staffed for the reporting year. 0 SW107000 Total annual budget (excluding Capital Improvement Projects) for the NPDES stormwater management program for the reporting year. 270274 SW107010 The number of Capital Improvement Projects planned. 0 SW107020 The number of Capital Improvement Projects active. 0 SW107030 The number of Capital Improvement Projects completed. 0 SW107040 Total annual budget for Capital Improvement Projects for the reporting year. 0 39Page Number: Ordinance, Legal or Regulatory Authority SW107050 Ordinance, Legal or Regulatory Authority SW107060 Illicit Discharge Detection & Elimination Not Applicable SW107070 Erosion & Sediment Control Not Applicable SW107080 Post-Development Stormwater Management Drafted SW107090 Stormwater Ordinance Drafted SW107100 Unified Development Ordinance Drafted SW107110 Flood Damage Protection Ordinance Drafted SW107120 Other: Not Applicable SW107130 Other: Not Applicable SW107140 Other: Not Applicable 40Page Number: MS4 Inspection Report Hickory, NC: NPDES Permit No. NCS000426 Inspection Date: December 12, 2018 Appendix A Supporting Document 3 City of Hickory Phase II Stormwater Ordinance City of Hickory Phase II Stormwater Ordinance June 5, 2007 City of Hickory Phase II Stormwater Ordinance, June 5, 2007 2 Table of Contents City of Hickory Phase II Stormwater Ordinance.......................................................... 1 SECTION 1: GENERAL PROVISIONS........................................................................ 7 1.1 Title............................................................................................................................ 7 1.2 Authority...................................................................................................................7 1.3 Findings..................................................................................................................... 7 1.4 Purpose...................................................................................................................... 7 (A) General............................................................................................................... 7 (B) Specific............................................................................................................... 8 1.5 Applicability and Jurisdiction ................................................................................ 9 (A) General..............................................................................................................9 (B) Exemptions........................................................................................................ 9 (C) No Development or Redevelopment Until Compliance and Permit............ 9 (D) Map.................................................................................................................... 9 1.6 Interpretation......................................................................................................... 10 (A) Meaning and Intent........................................................................................ 10 (B) Text Controls in Event of Conflict................................................................ 10 (C) Authority for Interpretation.......................................................................... 10 (D) References to Statutes, Regulations, and Documents ................................. 10 (E) Computation of Time..................................................................................... 10 (F) Delegation of Authority.................................................................................. 10 (G) Usage................................................................................................................10 (1) Mandatory and Discretionary Terms............................................................. 10 (2) Conjunctions..................................................................................................... 11 (3) Tense, Plurals, and Gender............................................................................. 11 (H) Measurement and Computation................................................................... 11 1.7 Design Manual........................................................................................................ 11 (A) Reference to Design Manual.......................................................................... 11 (B) Relationship of Design Manual to Other Laws and Regulations............... 11 (C) Changes to Standards and Specifications .................................................... 11 1.8 Relationship to Other Laws, Regulations and Private Agreements.................. 12 City of Hickory Phase II Stormwater Ordinance, June 5, 2007 3 (A) Conflict of Laws.............................................................................................. 12 (B) Private Agreements........................................................................................ 12 1.9 Severability............................................................................................................ 12 1.10 Effective Date and Transitional Provisions......................................................... 12 (A) Effective Date.................................................................................................. 12 (B) Final Approvals, Complete Applications ..................................................... 12 (C) Violations Continue........................................................................................ 13 SECTION 2: ADMINISTRATION AND PROCEDURES......................................... 14 2.1 Review and Decision-Making Entities ................................................................. 14 (A) Stormwater Administrator............................................................................ 14 (1) Designation........................................................................................................ 14 (2) Powers and Duties............................................................................................ 14 2.2 Review Procedures................................................................................................. 14 (A) Permit Required; Must Apply for Permit.................................................... 14 (B) Effect of Permit............................................................................................... 15 (C) Authority to File Applications....................................................................... 15 (D) Establishment of Application Requirements, Schedule, and Fees............. 15 (1) Application Contents and Form ..................................................................... 15 (2) Submission Schedule........................................................................................ 15 (3) Permit Review Fees.......................................................................................... 15 (E) Submittal of Complete Application............................................................... 15 (F) Review.............................................................................................................. 16 (1) Approval............................................................................................................ 16 (2) Fails to Comply................................................................................................. 16 (3) Revision and Subsequent Review.................................................................... 16 2.3 Applications for Approval..................................................................................... 16 (A) Concept Plan and Consultation Meeting...................................................... 16 (1) Existing Conditions / Proposed Site Plans..................................................... 17 (2) Natural Resources Inventory.......................................................................... 17 (3) Stormwater Management System Concept Plan.......................................... 17 (B) Stormwater Management Permit Application............................................. 17 (C) As-Built Plans and Final Approval ............................................................... 18 (D) Other Permits.................................................................................................. 18 2.4 Approvals................................................................................................................ 18 (A) Effect of Approval........................................................................................... 18 (B) Time Limit/Expiration.................................................................................... 19 City of Hickory Phase II Stormwater Ordinance, June 5, 2007 4 2.5 Appeals....................................................................................................................19 (A) Right of Appeal ............................................................................................... 19 (B) Filing of Appeal and Procedures................................................................... 19 (C) Review by Superior Court.............................................................................. 19 SECTION 3: STANDARDS........................................................................................... 20 3.1 General Standards................................................................................................. 20 3.2 Development Standards for Low-Density Projects............................................. 20 3.3 Development Standards for High-Density Projects............................................ 20 3.4 Standards for Stormwater Control Measures..................................................... 21 (A) Evaluation According to Contents of Design Manual................................. 21 (B) Determination of Adequacy; Presumptions and Alternatives.................... 21 (C) Separation from Seasonal High Water Table .............................................. 21 3.5 Variances ................................................................................................................ 22 3.6 Additional Standards for Special Situations....................................................... 23 (A) Onsite Wastewater........................................................................................... 23 (1) Operation and Maintenance Requirements............................................ 23 (2) Standards for Operation and Maintenance............................................. 23 (3) Enforcement............................................................................................... 23 SECTION 4: MAINTENANCE..................................................................................... 24 4.1 General Standards for Maintenance.................................................................... 24 (A) Function of BMPs As Intended...................................................................... 24 (B) Annual Maintenance Inspection and Report ............................................... 24 4.2 Operation and Maintenance Agreement ............................................................. 24 (A) In General........................................................................................................ 24 (B) Special Requirement for Homeowners’ and Other Associations............... 25 4.3 Inspection Program ............................................................................................... 26 4.4 Performance Security for Installation and Maintenance................................... 26 (A) Required........................................................................................................... 26 (B) Amount............................................................................................................. 27 (1) Installation................................................................................................... 27 (2) Maintenance................................................................................................ 27 (C) Uses of Performance Security........................................................................ 27 (1) Forfeiture Provisions.................................................................................. 27 (2) Default.......................................................................................................... 27 City of Hickory Phase II Stormwater Ordinance, June 5, 2007 5 (3) Costs in Excess of Performance Security.................................................. 27 (4) Refund.......................................................................................................... 27 4.5 Notice to Owners.................................................................................................... 28 (A) Deed Recordation and Indications On Plat.................................................. 28 (B) Signage............................................................................................................. 28 4.6 Records of Installation and Maintenance Activities........................................... 28 4.7 Nuisance.................................................................................................................. 28 SECTION 5: ENFORCEMENT AND VIOLATIONS ............................................... 29 5.1 General....................................................................................................................29 (A) Authority to Enforce....................................................................................... 29 (B) Violation Unlawful.......................................................................................... 29 (C) Each Day a Separate Offense......................................................................... 29 (D) Responsible Persons/Entities.......................................................................... 29 (1) Person Maintaining Condition Resulting In or Constituting Violation. 29 (2) Responsibility For Land or Use of Land .................................................. 29 5.2 Remedies and Penalties......................................................................................... 30 (A) Remedies.......................................................................................................... 30 (1) Withholding of Certificate of Occupancy................................................. 30 (2) Disapproval of Subsequent Permits and Development Approvals......... 30 (3) Injunction, Abatements, etc....................................................................... 30 (4) Correction as Public Health Nuisance, Costs as Lien, etc....................... 30 (5) Stop Work Order........................................................................................ 30 (B) Civil Penalties.................................................................................................. 31 (C) Criminal Penalties........................................................................................... 31 5.3 Procedures.............................................................................................................. 31 (A) Initiation/Complaint....................................................................................... 31 (B) Inspection......................................................................................................... 31 (C) Notice of Violation and Order to Correct..................................................... 31 (D) Extension of Time ........................................................................................... 32 (E) Enforcement After Time to Correct.............................................................. 32 (F) Emergency Enforcement................................................................................ 32 SECTION 6: ILLICIT DISCHARGES........................................................................ 33 6.1 Illicit Discharges and Connections....................................................................... 33 (A) Illicit Discharges.............................................................................................. 33 (B) Illicit Connections........................................................................................... 34 City of Hickory Phase II Stormwater Ordinance, June 5, 2007 6 (C) Spills................................................................................................................. 34 (D) Nuisance........................................................................................................... 35 SECTION 7: DEFINITIONS......................................................................................... 36 7.1 Terms Defined........................................................................................................ 36 Built-upon area (BUA) ............................................................................................... 36 Department.................................................................................................................. 36 Design Manual............................................................................................................. 36 Development................................................................................................................ 36 Division......................................................................................................................... 36 High-density project................................................................................................... 36 Larger common plan of development or sale........................................................... 36 Low-density project.................................................................................................... 36 1-year, 24-hour storm................................................................................................. 37 Owner........................................................................................................................... 37 Redevelopment............................................................................................................ 37 Structural BMP........................................................................................................... 37 Substantial progress.................................................................................................... 37 City of Hickory Phase II Stormwater Ordinance, June 5, 2007 7 SECTION 1: GENERAL PROVISIONS 1.1 TITLE This ordinance shall be officially known as “The Phase II Stormwater Ordinance.” It is referred to herein as “this ordinance.” 1.2 AUTHORITY The City of Hickory (herein after referred to as the City) is authorized to adopt this ordinance pursuant to North Carolina law, including but not limited to Article 14, Section 5 of the Constitution of North Carolina; City Charter; North Carolina General Statutes 143-214.7 and rules promulgated by the Environmental Management Commission thereunder; Session Law 2006-246; Chapter 160A, §§ 174, 185. 1.3 FINDINGS It is hereby determined that: Development and redevelopment alter the hydrologic response of local watersheds and increase 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; These changes in stormwater runoff contribute to increased quantities of water-borne pollutants and alterations in hydrology that are harmful to public health and safety as well as to the natural environment; and These effects can be managed and minimized by applying proper design and well- planned controls to manage stormwater runoff from development sites. Further, the Federal Water Pollution Control Act of 1972 (“Clean Water Act”) 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. Therefore, the City 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. 1.4 PURPOSE (A) General The purpose of this ordinance is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-development stormwater runoff and nonpoint and point source pollution associated with new development and redevelopment as well as 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 City of Hickory Phase II Stormwater Ordinance, June 5, 2007 8 infrastructure; safeguard the public health, safety, and general welfare; and protect water and aquatic resources. (B) Specific This ordinance seeks to meet its general purpose through the following specific objectives and means: 1. Establishing decision-making processes for development that protect the integrity of watersheds and preserve the health of water resources; 2. Requiring that new development and redevelopment maintain the pre- development hydrologic response in their post-development state as nearly as practicable for the applicable design storm to 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; 3. Establishing minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality; 4. Establishing design and review criteria for the construction, function, and use of structural stormwater BMPs that may be used to meet the minimum post-development stormwater management standards; 5. 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; 6. Establishing provisions for the long-term responsibility for and maintenance of structural and nonstructural stormwater BMPs to ensure that they continue to function as designed, are maintained appropriately, and pose no threat to public safety; 7. 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. 8. Coordinating site design plans that include open space and natural areas with the Future Land Use and Transportation Plan. 9. Controlling illicit discharges into the municipal separate stormwater system. City of Hickory Phase II Stormwater Ordinance, June 5, 2007 9 1.5 APPLICABILITY AND JURISDICTION (A) General Beginning with and subsequent to its effective date, this ordinance shall be applicable to all development and redevelopment, including, but not limited to, site plan applications, subdivision applications, and grading applications, unless exempt pursuant to Subsection (B) of this Section, Exemptions. (B) Exemptions Development that cumulatively disturbs less than one acre and is not part of a larger common plan of development or sale is exempt from the provisions of this ordinance. Redevelopment that cumulatively disturbs less than one acre and is not part of a larger common plan of development or sale is exempt from the provisions of this ordinance. Development and redevelopment that disturb less than one acre are not exempt if such activities are part of a larger common plan of development or sale, even though multiple, separate or distinct activities take place at different times on different schedules. Activities that are 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) are exempt from the provisions of this ordinance. (C) No Development or Redevelopment Until Compliance and Permit No development or redevelopment shall occur except in compliance with the provisions of this ordinance or unless exempted. No development for which a permit is required pursuant to this ordinance shall occur except in compliance with the provisions, conditions, and limitations of the permit. (D) Map The provisions of this ordinance shall apply within the areas designated on the map titled “City of Hickory Zoning Map.” The Zoning Map and all explanatory matter contained thereon accompanies and is hereby made a part of this ordinance. The Zoning Map shall be kept on file by the Planning and Development Director and shall be updated to take into account changes in the land area covered by this ordinance. In the event of a dispute, the applicability of this ordinance to a particular area of land or BMP shall be determined by reference to the North Carolina Statutes, the North Carolina Administrative Code, and local zoning and jurisdictional boundary ordinances. City of Hickory Phase II Stormwater Ordinance, June 5, 2007 10 1.6 INTERPRETATION (A) Meaning and Intent All provisions, terms, phrases, and expressions contained in this ordinance shall be construed according to the general and specific purposes set forth in Section 1.4, Purpose. If a different or more specific meaning is given for a term defined elsewhere in the City’s Code of Ordinances or Land Development Code, the meaning and application of the term in this ordinance shall control for purposes of application of this ordinance. (B) Text Controls in Event of Conflict In the event of a conflict or inconsistency between the text of this ordinance and any heading, caption, figure, illustration, table, or map, the text shall control. (C) Authority for Interpretation The Stormwater Administrator has authority to determine the interpretation of this ordinance. Any person may request an interpretation by submitting a written request to the Stormwater Administrator, who shall respond in writing within 30 days. The Stormwater Administrator shall keep on file a record of all written interpretations of this ordinance. (D) References to Statutes, Regulations, and Documents Whenever reference is made to a resolution, ordinance, statute, regulation, manual (including the Design Manual), or document, it shall be construed as a reference to the most recent edition of such that has been finalized and published with due provision for notice and comment, unless otherwise specifically stated. (E) Computation of Time The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the City, the deadline or required date of action shall be the next day that is not a Saturday, Sunday or holiday observed by the City. References to days are calendar days unless otherwise stated. (F) Delegation of Authority Any act authorized by this Ordinance to be carried out by the Stormwater Administrator of the City may be carried out by his or her designee. (G) Usage (1) Mandatory and Discretionary Terms The words “shall,” “must,” and “will” are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words “may” and “should” are permissive in nature. City of Hickory Phase II Stormwater Ordinance, June 5, 2007 11 (2) Conjunctions Unless the context clearly indicates the contrary, conjunctions shall be interpreted as follows: The word “and” indicates that all connected items, conditions, provisions and events apply. The word “or” indicates that one or more of the connected items, conditions, provisions or events apply. (3) Tense, Plurals, and Gender Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa. (H) Measurement and Computation Lot area refers to the amount of horizontal land area contained inside the lot lines of a lot or site. 1.7 DESIGN MANUAL (A) Reference to Design Manual The Stormwater Administrator shall use the policy, criteria, and information, including technical specifications and standards, in the Design Manual as the basis for decisions about stormwater permits and about the design, implementation and performance of structural and non-structural stormwater BMPs. The 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 Phase II laws. (B) Relationship of Design Manual to Other Laws and Regulations If the specifications or guidelines of the Design Manual are more restrictive or apply a higher standard than other laws or regulations, that fact shall not prevent application of the specifications or guidelines in the Design Manual. (C) Changes to Standards and Specifications 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 ordinance but prior to approval, the new information shall control and shall be utilized in reviewing the application and in implementing this ordinance with regard to the application. City of Hickory Phase II Stormwater Ordinance, June 5, 2007 12 1.8 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE AGREEMENTS (A) Conflict of Laws This ordinance is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation or other provision of law. Where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human or environmental health, safety, and welfare shall control. (B) Private Agreements This ordinance is not intended to revoke or repeal any easement, covenant, or other private agreement. However, where the regulations of this ordinance are more restrictive or impose higher standards or requirements than such an easement, covenant, or other private agreement, the requirements of this ordinance shall govern. Nothing in this ordinance shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not legitimize any failure to comply with this ordinance. In no case shall the City be obligated to enforce the provisions of any easements, covenants, or agreements between private parties. 1.9 SEVERABILITY If the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this ordinance. 1.10 EFFECTIVE DATE AND TRANSITIONAL PROVISIONS (A) Effective Date This Ordinance shall take effect on July 1, 2007. (B) Final Approvals, Complete Applications All development and redevelopment projects for which complete and full applications were submitted and approved by the City prior to the effective date of this ordinance and which remain valid, unexpired, unrevoked and not otherwise terminated at the time of development or redevelopment shall be exempt from complying with all provisions of this ordinance dealing with the control and/or management of post-construction runoff, but shall be required to comply with all other applicable provisions, including but not limited to illicit discharge provisions. A phased development plan shall be deemed approved prior to the effective date of this ordinance if it has been approved by all necessary government units, it remains valid, unexpired, unrevoked and not otherwise terminated, and it shows: City of Hickory Phase II Stormwater Ordinance, June 5, 2007 13 1. For the initial or first phase of development, the type and intensity of use for a specific parcel or parcels, including at a minimum, the boundaries of the project and a subdivision plan that has been approved. 2. For any subsequent phase of development, sufficient detail so that implementation of the requirements of this ordinance to that phase of development would require a material change in that phase of the plan. (C) Violations Continue Any violation of provisions existing on the effective date of this ordinance shall continue to be a violation under this ordinance and be subject to penalties and enforcement under this ordinance unless the use, development, construction, or other activity complies with the provisions of this ordinance. City of Hickory Phase II Stormwater Ordinance, June 5, 2007 14 SECTION 2: ADMINISTRATION AND PROCEDURES 2.1 REVIEW AND DECISION-MAKING ENTITIES (A) Stormwater Administrator (1) Designation A Stormwater Administrator shall be designated by the City Manager to administer and enforce this ordinance. (2) Powers and Duties In addition to the powers and duties that may be conferred by other provisions of the City Code of Ordinances, Land Development Code, and other laws, the Stormwater Administrator shall have the following powers and duties under this ordinance: a. To review and approve, approve with conditions, or disapprove applications for approval of plans pursuant to this ordinance. b. To make determinations and render interpretations of this ordinance. c. To establish application requirements and schedules for submittal and review of applications and appeals. To enforce the provisions of this ordinance in accordance with its enforcement provisions. d. To maintain records, maps, forms and other official materials as relate to the adoption, amendment, enforcement, and administration of this ordinance. e. To provide expertise and technical assistance to the Hickory Regional Planning Commission (herein after referred to as the Planning Commission), Board of Adjustment, or City Council, upon request. f. To designate appropriate other person(s) who shall carry out the powers and duties of the Stormwater Administrator. g. To take any other action necessary to administer the provisions of this ordinance. 2.2 REVIEW PROCEDURES (A) Permit Required; Must Apply for Permit A stormwater permit is required for all development and redevelopment unless exempt pursuant to this ordinance. A permit may only be issued subsequent to a properly submitted and reviewed permit application, pursuant to this section. City of Hickory Phase II Stormwater Ordinance, June 5, 2007 15 (B) Effect of Permit A stormwater permit shall govern the design, installation, and construction of stormwater management and control practices on the site, including structural BMPs and elements of site design for stormwater management other than structural BMPs. The permit is intended to provide a mechanism for the review, approval, and inspection of the approach to be used for the management and control of stormwater for the development or redevelopment site consistent with the requirements of this ordinance, whether the approach consists of structural BMPs or other techniques such as low-impact or low-density design. 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 ordinance. (C) Authority to File Applications All applications required pursuant to this Code shall be submitted to the Stormwater Administrator by the land owner or the land owner’s duly authorized agent. (D) Establishment of Application Requirements, Schedule, and Fees (1) Application Contents and Form The Stormwater Administrator shall establish requirements for the content and form of all applications and shall amend and update those requirements from time to time. At a minimum, the stormwater 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 ordinance. (2) Submission Schedule The Stormwater Administrator shall establish a submission schedule for applications. The schedule shall establish deadlines by which complete applications must be submitted for the purpose of ensuring that there is adequate time to review applications, and that the various stages in the review process are accommodated. (3) Permit Review Fees The City Council shall establish permit review fees as well as policies regarding refund of any fees upon withdrawal of an application, and may amend and update the fees and policies from time to time. (E) Submittal of Complete Application Applications shall be submitted to the Stormwater Administrator pursuant to the application submittal schedule in the form established by the Stormwater Administrator, along with the appropriate fee established pursuant to this section. City of Hickory Phase II Stormwater Ordinance, June 5, 2007 16 An application shall be considered as timely submitted only when it contains all elements of a complete application pursuant to this ordinance, along with the appropriate fee. If the 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 15 working days after a complete application is submitted, the Stormwater Administrator shall review the application and determine whether the application complies with the standards of this ordinance. (1) Approval If the Stormwater Administrator finds that the application complies with the standards of this ordinance, the Stormwater Administrator shall approve the application. The Stormwater Administrator may impose conditions of approval as needed to ensure compliance with this ordinance. The conditions shall be included as part of the approval. (2) Fails to Comply If the Stormwater Administrator finds that the application fails to comply with the standards of this ordinance, 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. (3) Revision and Subsequent Review A complete revised application shall be reviewed by the Stormwater Administrator within 15 working days after its re-submittal and shall be approved, approved with conditions or disapproved. If a revised application is not re-submitted within thirty (30) calendar days from the date the applicant was notified, the application shall be considered withdrawn, and a new submittal for the same or substantially the same project shall be required along with the appropriate fee for a new submittal. One re-submittal of a revised application may be submitted without payment of an additional permit review fee. Any re-submittal after the first re- submittal shall be accompanied by a permit review fee additional fee, as established pursuant to this ordinance. 2.3 APPLICATIONS FOR APPROVAL (A) Concept Plan and Consultation Meeting Before a stormwater management permit application is deemed complete, the Stormwater Administrator or developer may request a consultation on a concept City of Hickory Phase II Stormwater Ordinance, June 5, 2007 17 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 post- construction stormwater management measures necessary for the proposed project, as well 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 Future Land Use and Transportation Plan, and other relevant resource protection plans should be consulted in the discussion of the concept plan. To accomplish this goal, the following information should be included in the concept plan, which should be submitted in advance of the meeting: (1) Existing Conditions / Proposed Site Plans Existing conditions and proposed site layout sketch plans, which illustrate at a minimum: existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys (if available); boundaries of existing predominant vegetation; proposed limits of clearing and grading; and location of existing and proposed roads, buildings, parking areas and other impervious surfaces. (2) 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. (3) 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 structural 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. (B) Stormwater Management Permit Application The stormwater management permit application shall detail how post- development stormwater runoff will be controlled and managed and how the City of Hickory Phase II Stormwater Ordinance, June 5, 2007 18 proposed project will meet the requirements of this ordinance, including Section 3, Standards. All such plans shall be prepared by a qualified registered North Carolina professional engineer, surveyor, soil scientist or landscape architect, and 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 ordinance. 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 2.2(E). (C) As-Built Plans and Final Approval Upon completion of a project, and before a permanent certificate of 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. 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. 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 ordinance. A final inspection and approval by the Stormwater Administrator shall occur before the release of any performance securities. (D) Other Permits No permanent certificate of compliance or occupancy shall be issued by the Planning and Development 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 Planning and Development Director may elect to withhold a percentage of permits or certificates of occupancy until as-built plans are submitted and final inspection and approval has occurred. 2.4 APPROVALS (A) Effect of Approval Approval 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. City of Hickory Phase II Stormwater Ordinance, June 5, 2007 19 (B) Time Limit/Expiration 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. 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. 2.5 APPEALS (A) Right of Appeal Any aggrieved person affected by any decision, order, requirement, or determination relating to the interpretation or application of this ordinance made by the Stormwater Administrator, may file an appeal to the Board of Adjustment within 30 days. (B) Filing of Appeal and Procedures Appeals shall be taken within the specified time period by filing a written notice of appeal specifying the grounds for appeal. The Stormwater Administrator shall transmit to the Board of Adjustment all documents constituting the record on which the decision appealed from was taken. The hearing conducted by the Board of Adjustment shall be conducted in the nature of a quasi-judicial proceeding with all findings of fact supported by competent, material evidence. (C) Review by Superior Court Every decision of the Board of Adjustment shall be subject to Superior Court review by proceedings in the nature of certiorari. Petition for review by the Superior Court shall be filed with the Clerk of Superior Court within thirty (30) days of the final decision. City of Hickory Phase II Stormwater Ordinance, June 5, 2007 20 SECTION 3: STANDARDS 3.1 GENERAL STANDARDS All development and redevelopment to which this ordinance applies shall comply with the standards of this section. 3.2 DEVELOPMENT STANDARDS FOR LOW-DENSITY PROJECTS Low-density projects shall comply with each of the following standards: (A) Stormwater runoff from the development shall be transported from the development by vegetated conveyances to the maximum extent practicable. (B) All built-upon area shall be at a minimum of 30 feet landward of all perennial and intermittent surface waters. A perennial or intermittent surface water shall be deemed present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture (USDA) or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a) or similar site-specific determination made using Division-approved methodology. (C) The approval of the stormwater 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. 3.3 DEVELOPMENT STANDARDS FOR HIGH-DENSITY PROJECTS High-density projects shall implement stormwater control measures that comply with each of the following standards: (A) The measures shall control and treat stormwater runoff from the first inch of rain. Runoff volume drawdown time shall be a minimum of 48 hours, but not more than 120 hours. (B) Must discharge the storage volume at a rate equal to or less than the predevelopment discharge rate for the one-year, 24-hour storm. (C) All structural stormwater treatment systems used to meet these requirements shall be designed to have a minimum of 85% average annual removal for Total Suspended Solids (TSS); (D) General engineering design criteria for all projects shall be in accordance with 15A NCAC 2H .1008(c), as explained in the Design Manual; City of Hickory Phase II Stormwater Ordinance, June 5, 2007 21 (E) All built-upon area shall be at a minimum of 30 feet landward of all perennial and intermittent surface waters. A surface water shall be deemed present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture (USDA) or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a) or similar site-specific determination made using Division-approved methodology. (F) The approval of the stormwater permit shall require an enforceable restriction on property usage that runs with the land, such as recorded deed restrictions or protective covenants, to ensure that future development and redevelopment maintains the site consistent with the approved project plans. 3.4 STANDARDS FOR STORMWATER CONTROL MEASURES (A) Evaluation According to Contents of Design Manual All stormwater control measures and stormwater treatment practices (also referred to as Best Management Practices, or BMPs) required under this ordinance 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 Design Manual. The Stormwater Administrator shall determine whether proposed BMPs will be adequate to meet the requirements of this ordinance. (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 will be presumed to meet the minimum water quality and quantity performance standards of this ordinance. Whenever an applicant proposes to utilize a practice or practices not designed and constructed in accordance with the criteria and specifications in the Design Manual, the applicant shall have the burden of demonstrating that the practice(s) will satisfy the minimum water quality and quantity performance standards of this ordinance. 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) Separation from Seasonal High Water Table For BMPs that require a separation from the seasonal high-water table, the separation shall be provided by at least 12 inches of naturally occurring soil above the seasonal high-water table. City of Hickory Phase II Stormwater Ordinance, June 5, 2007 22 3.5 VARIANCES (A) Any person may petition the Board of Adjustment of Hickory for a variance granting permission to use the person’s land in a manner otherwise prohibited by this ordinance. To qualify for a variance, the petitioner must show all of the following: (1) Unnecessary hardships would result from strict application of this ordinance. (2) The hardships result from conditions that are peculiar to the property, such as the location, size, or topography of the property. (3) The hardships did not result from actions taken by the petitioner. (4) The requested variance is consistent with the spirit, purpose, and intent of this ordinance; will secure public safety and welfare; and will preserve substantial justice. (B) The City may impose reasonable and appropriate conditions and safeguards upon any variance it grants. (C) Statutory exceptions Notwithstanding subdivision (A) of this section, exceptions from the 30-foot landward location of built-upon area requirement as well as the deed restrictions and protective covenants requirements shall be granted in any of the following instances: (1) When there is a lack of practical alternatives for a road crossing, railroad crossing, bridge, airport facility, or utility crossing as long as it is located, designed, constructed, and maintained to minimize disturbance, provide maximum nutrient removal, protect against erosion and sedimentation, have the least adverse effects on aquatic life and habitat, and protect water quality to the maximum extent practicable through the use of BMPs. (2) When there is a lack of practical alternatives for a stormwater management facility; a stormwater management pond; or a utility, including, but not limited to, water, sewer, or gas construction and maintenance corridor, as long as it is located 15 feet landward of all perennial and intermittent surface waters and as long as it is located, designed, constructed, and maintained to minimize disturbance, provide maximum nutrient removal, protect against erosion and sedimentation, have the least adverse effects on aquatic life and habitat, and protect water quality to the maximum extent practicable through the use of BMPs. (3) A lack of practical alternatives may be shown by demonstrating that, considering the potential for a reduction in size, configuration, or density of the proposed activity and all alternative designs, the basic project purpose cannot be practically accomplished in a manner which would avoid or result in less adverse impact to surface waters. City of Hickory Phase II Stormwater Ordinance, June 5, 2007 23 3.6 ADDITIONAL STANDARDS FOR SPECIAL SITUATIONS (A) ONSITE WASTEWATER (1) Operation and Maintenance Requirements New and replaced onsite systems for domestic wastewater installed after the effective date of this ordinance shall be subject to the operation and maintenance requirements of the appropriate County Public Health Department. (2) Standards for Operation and Maintenance Onsite systems for domestic wastewater shall be operated and maintained so as to avoid adverse effects on surface water and groundwater. Operation and maintenance of onsite systems for domestic wastewater shall be in accordance with the standards of the appropriate County Public Health Department. (3) Enforcement The appropriate County Public Health Department shall be responsible for the enforcement of the installation, operation, and maintenance standards for onsite systems for domestic wastewater within the limits of the City and the extraterritorial jurisdiction. City of Hickory Phase II Stormwater Ordinance, June 5, 2007 24 SECTION 4: MAINTENANCE 4.1 GENERAL STANDARDS FOR MAINTENANCE (A) Function of BMPs As Intended The owner of each structural BMP installed pursuant to this ordinance 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 structural BMP was designed. (B) Annual Maintenance Inspection and Report The person responsible for maintenance of any structural BMP installed pursuant to this ordinance 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 registered North Carolina professional engineer, surveyor, landscape architect, soil scientist, aquatic biologist, 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: (1) The name and address of the land owner; (2) The recorded book and page number of the lot of each structural BMP; (3) A statement that an inspection was made of all structural BMPs; (4) The date the inspection was made; (5) A statement that all inspected structural BMPs are performing properly and are in compliance with the terms and conditions of the approved maintenance agreement required by this ordinance; and (6) The original signature and seal of the engineer, surveyor, or landscape architect. All inspection reports shall be on forms supplied by the 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. 4.2 OPERATION AND MAINTENANCE AGREEMENT (A) In General Prior to the conveyance or transfer of any lot or building site to be served by a structural BMP pursuant to this ordinance, and prior to issuance of any permit for development or redevelopment requiring a structural BMP pursuant to this ordinance, the applicant or owner of the site must execute an operation and City of Hickory Phase II Stormwater Ordinance, June 5, 2007 25 maintenance agreement that shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the structural BMP. Until the transference of all property, sites, or lots served by the structural BMP, the original owner or applicant shall have primary responsibility for carrying out the provisions of the maintenance agreement. The operation and maintenance agreement shall require the owner or owners to maintain, repair and, if necessary, reconstruct the structural BMP, and shall state the terms, conditions, and schedule of maintenance for the structural BMP. In addition, it shall grant to the City 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 structural BMP; however, in no case shall the right of entry, of itself, confer an obligation on the City to assume responsibility for the structural BMP. 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 county Register of Deeds 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. (B) Special Requirement for Homeowners’ and Other Associations For all structural BMPs required pursuant to this ordinance and that are to be or are owned and maintained by a homeowners’ association, property owners’ association, or similar entity, the required operation and maintenance agreement shall include all of the following provisions: (1) Acknowledgment that the association shall continuously operate and maintain the stormwater control and management facilities. (2) Provide financial security, which can be spent solely for sediment removal, structural, biological or vegetative replacement, major repair, or reconstruction of the structural BMPs. If structural BMPs are not performing adequately or as intended or are not properly maintained, the City, in its sole discretion, may remedy the situation, and in such instances the City shall be fully reimbursed by the association and its members for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the structural BMPs, provided that the City of Hickory shall first consent to the expenditure. (3) An annual certified financial statement shall be provided to the City along with the required annual inspection report. (4) Granting to the City right of entry to inspect, monitor, maintain, repair, and reconstruct structural BMPs. (5) Allowing the City to recover from the association and its members any and all costs the City expends to maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay the City all of its expended costs, after forty-five days written notice, shall constitute a City of Hickory Phase II Stormwater Ordinance, June 5, 2007 26 breach of the agreement. In case of a deficiency, the City shall thereafter be entitled to bring an action against the association and its members to pay, or foreclose upon the lien hereby authorized by the agreement against the property, or both. Interest, collection costs, and attorney fees shall be added to the recovery. (6) A statement that this agreement shall not obligate the City to maintain or repair any structural BMPs, and the City shall not be liable to any person for the condition or operation of structural BMPs. (7) A statement that this agreement shall not in any way diminish, limit, or restrict the right of the City to enforce any of its ordinances as authorized by law. (8) A provision indemnifying and holding harmless the City for any costs and injuries arising from or related to the structural BMP, unless the City has agreed in writing to assume the maintenance responsibility for the BMP and has accepted dedication of any and all rights necessary to carry out that maintenance. 4.3 INSPECTION PROGRAM Inspections and inspection programs by the City may be conducted or established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in BMPs; and evaluating the condition of BMPs. If the owner or occupant of any property refuses to permit such inspection, the Stormwater Administrator shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2 or its successor. No person shall obstruct, hamper or interfere with the Stormwater Administrator while carrying out his or her official duties. 4.4 PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE (A) Required The City shall require the submittal of a performance security or bond with surety, cash escrow, letter of credit or other acceptable legal arrangement prior to issuance of a permit in order to ensure that the structural BMPs are (1) installed by the permit holder as required by the approved stormwater management plan, and (2) maintained by the owner as required by the operation and maintenance agreement. City of Hickory Phase II Stormwater Ordinance, June 5, 2007 27 (B) Amount (1) Installation The amount of an installation performance security shall be the total estimated construction cost of the BMPs approved under the permit, plus 25%. (2) Maintenance The amount of a maintenance performance security shall be the present value of an annuity of perpetual duration based on a reasonable estimate of the annual cost of inspection, operation and maintenance of the BMPs approved under the permit, at a discount rate that reflects the cost of borrowing minus a reasonable estimate of long-term inflation. (C) Uses of Performance Security (1) 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 ordinance, approvals issued pursuant to this ordinance, or an operation and maintenance agreement established pursuant to this ordinance. (2) Default Upon default of the owner to construct, maintain, repair and, if necessary, reconstruct any structural BMP 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. Such expenditure 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 City shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance. (3) Costs in Excess of Performance Security If the City takes action upon such failure by the applicant or owner, the City 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. (4) Refund Within sixty days of the final approval, the installation performance security shall be refunded to the applicant or terminated, except any amount City of Hickory Phase II Stormwater Ordinance, June 5, 2007 28 attributable to the cost (plus 25%) of landscaping installation and ongoing maintenance associated with the BMPs covered by the security. Any such landscaping shall be inspected one (1) year after installation with replacement for compliance with the approved plans and specifications and, if in compliance, the portion of the financial security attributable to landscaping shall be released. 4.5 NOTICE TO OWNERS (A) Deed Recordation and Indications On Plat The applicable operations and maintenance agreement and conservation easement (if applicable), pertaining to every structural BMP shall be referenced on the final plat and shall be recorded with the county Register of Deeds upon final plat approval. If no subdivision plat is recorded for the site, then the operations and maintenance agreement and conservation easement (if applicable), shall be recorded with the county Register of Deeds so as to appear in the chain of title of all subsequent purchasers under generally accepted searching principles. (B) Signage To assure compliance with this ordinance, structural BMPs shall be posted with a conspicuous sign stating who is responsible for required maintenance and annual inspection. The sign shall be maintained so as to remain visible and legible. 4.6 RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES The owner of each structural BMP shall keep records of inspections, maintenance, and repairs for at least five years from the date of creation of the record and shall submit the same upon reasonable request to the Stormwater Administrator. 4.7 NUISANCE The owner of each stormwater BMP, whether structural or non-structural BMP, shall maintain it so as not to create or result in a nuisance condition. City of Hickory Phase II Stormwater Ordinance, June 5, 2007 29 SECTION 5: ENFORCEMENT AND VIOLATIONS 5.1 GENERAL (A) Authority to Enforce The provisions of this ordinance shall be enforced by the Stormwater Administrator, his or her designee, or any authorized agent of the City. Whenever this section refers to the Stormwater Administrator, it includes his or her designee as well as any authorized agent of the City. (B) Violation Unlawful Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed by this ordinance, or the terms or conditions of any permit or other development or redevelopment approval or authorization granted pursuant to this ordinance, is unlawful and shall constitute a violation of this ordinance. (C) Each Day a Separate Offense Each day that a violation continues shall constitute a separate and distinct violation or offense. (D) Responsible Persons/Entities Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails to erect, construct, reconstruct, alter, repair or maintain any structure, BMP, practice, or condition in violation of this ordinance 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 ordinance, or fails to take appropriate action, so that a violation of this ordinance results or persists; or an owner, any tenant or occupant, or any other person, who has control over, or responsibility for, the use or development of the property on which the violation occurs. For the purposes of this article, responsible person(s) shall include but not be limited to: (1) 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 ordinance, or fails to take appropriate action, so that a violation of this ordinance results or persists. (2) Responsibility For Land or Use of Land The owner of the land on which the violation occurs, any tenant or occupant of the property, any person who is responsible for stormwater controls or City of Hickory Phase II Stormwater Ordinance, June 5, 2007 30 practices pursuant to a private agreement or public document, or any person, who has control over, or responsibility for, the use, development or redevelopment of the property. 5.2 REMEDIES AND PENALTIES The remedies and penalties provided for violations of this ordinance, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order. (A) Remedies (1) Withholding of Certificate of Occupancy The Stormwater Administrator or other authorized agent may refuse to issue a certificate of 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. (2) Disapproval of Subsequent Permits and Development Approvals As long as a violation of this ordinance continues and remains uncorrected, the Stormwater Administrator or other authorized agent may withhold, and the Planning and Development Director or Planning Commission may disapprove, any request for permit or development approval or authorization provided for by this ordinance or the Land Development Code for the land on which the violation occurs. (3) Injunction, Abatements, etc. The Stormwater Administrator, with the written authorization of the City Manager, may institute an action in a court of competent jurisdiction for a mandatory or prohibitory injunction and order of abatement to correct a violation of this ordinance. Any person violating this ordinance shall be subject to the full range of equitable remedies provided in the General Statutes or at common law. (4) Correction as Public Health Nuisance, Costs as Lien, etc. If the violation is deemed dangerous or prejudicial to the public health or public safety and is within the geographic limits prescribed by North Carolina G.S. § 160A-193, the Stormwater Administrator, with the written authorization of the City Manager, may cause the violation to be corrected and the costs to be assessed as a lien against the property. (5) Stop Work Order The Stormwater Administrator may issue a stop work order to the person(s) violating this ordinance. The stop work order shall remain in effect until the City of Hickory Phase II Stormwater Ordinance, June 5, 2007 31 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 Violation of this ordinance may subject the violator to a civil penalty to be recovered in a civil action in the nature of a debt if the violator does not pay the penalty within 30 days after notice of the violation is issued by the Stormwater Administrator. Civil penalties may be assessed up to the full amount of penalty to which the City is subject for violations of its Phase II Stormwater permit. (C) Criminal Penalties Violation of this ordinance may be enforced as a misdemeanor subject to the maximum fine permissible under North Carolina law. 5.3 PROCEDURES (A) Initiation/Complaint Whenever a violation of this ordinance 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 ordinance. (C) Notice of Violation and Order to Correct When the Stormwater Administrator finds that any building, structure, or land is in violation of this ordinance, the Stormwater Administrator shall notify, in writing, the property owner or other person violating this ordinance. 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. The Stormwater Administrator may deliver the notice of violation and correction order personally, by the City code enforcement personnel, by certified or registered mail, return receipt requested, or by any means authorized for the service of documents by Rule 4 of the North Carolina Rules of Civil Procedure. City of Hickory Phase II Stormwater Ordinance, June 5, 2007 32 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 ordinance to correct and abate the violation and to ensure compliance with this ordinance. (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 15-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 ordinance. 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. If the violation is not corrected, the Stormwater Administrator may act to impose one or more of the remedies and penalties authorized by this ordinance. (F) Emergency Enforcement If delay in correcting a violation would seriously threaten the effective enforcement of this ordinance or pose an immediate danger to the public health, safety, or welfare, then the 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. City of Hickory Phase II Stormwater Ordinance, June 5, 2007 33 SECTION 6: ILLICIT DISCHARGES 6.1 ILLICIT DISCHARGES AND CONNECTIONS (A) Illicit Discharges 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: (1) Water line flushing; (2) Landscape irrigation; (3) Diverted stream flows; (4) Rising ground waters; (5) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20)); (6) Uncontaminated pumped ground water; (7) Discharges from potable water sources; (8) Foundation drains; (9) Air conditioning condensation; (10) Irrigation water; (11) Springs; (12) Water from crawl space pumps; (13) Footing drains; (14) Lawn watering; (15) Residential and charity car washing; (16) Flows from riparian habitats and wetlands; (17) Dechlorinated swimming pool discharges; (18) Street wash water; and (19) 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 City. City of Hickory Phase II Stormwater Ordinance, June 5, 2007 34 Prohibited substances include but are not limited to: oil, anti-freeze, chemicals, animal waste, paints, garbage, and litter. (B) Illicit Connections (1) Connections to a stormwater conveyance or stormwater conveyance system that allow the discharge of non-stormwater, other than the exclusions described in subsection (A) above, 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. (2) Where such connections exist in violation of this section and said connections were made prior to the adoption of this provision or any other ordinance prohibiting such connections, the property owner or the person using said connection shall remove the connection within one year following the effective date of this ordinance. However, the one-year grace period shall not apply to connections which may result in the discharge of hazardous materials or other discharges which pose an immediate threat to health and safety, or are likely to result in immediate injury and harm to real or personal property, natural resources, wildlife, or habitat. (3) 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: 1. The quantity and complexity of the work, 2. The consequences of delay, 3. The potential harm to the environment, to the public health, and to public and private property, and 4. The cost of remedying the damage. (C) Spills 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. 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 City Fire Chief of the release or discharge, as City of Hickory Phase II Stormwater Ordinance, June 5, 2007 35 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. (D) Nuisance Illicit discharges and illicit connections which exist within the city limits of the City 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 Chapter 20, City Code of Ordinances. City of Hickory Phase II Stormwater Ordinance, June 5, 2007 36 SECTION 7: DEFINITIONS 7.1 TERMS DEFINED When used in this Ordinance, the following words and terms shall have the meaning set forth in this section, unless other provisions of this Ordinance specifically indicate otherwise. Built-upon area (BUA) That portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. “Built-upon area” does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. Department The North Carolina Department of Environment and Natural Resources. Design Manual The stormwater design manual approved for use in Phase II jurisdictions by the Department. All references herein to the Design Manual are to the latest published edition or revision. Development Any land-disturbing activity that increases the amount of built-upon area or that otherwise decreases the infiltration of precipitation into the soil. Division The Division of Water Quality in the Department. High-density project Any project that exceeds the low-density threshold for dwelling units per acre or built- upon area. Larger common plan of development or sale Any area where multiple separate and distinct construction or land-disturbing activities will occur under one plan. A plan is any announcement or piece of documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. Low-density project A project is a low -density project if it has no more than two dwelling units per acre or twenty-four percent built-upon area (BUA) for all residential and non-residential development. A project with an overall density at or below the relevant low-density threshold, but containing areas with a density greater than the overall project density, may be considered low density as long as the project meets or exceeds the post-construction City of Hickory Phase II Stormwater Ordinance, June 5, 2007 37 model practices for low-density projects and locates the higher density in upland areas and away from surface waters and drainageways to the maximum extent practicable. 1-year, 24-hour storm The surface runoff resulting from a 24-hour rainfall of an intensity expected to be equaled or exceeded, on average, once in 12 months and with a duration of 24 hours. Owner The legal or beneficial owner of land, including but not limited to a mortgagee or vendee in possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or entity holding proprietary rights in the property or having legal power of management and control of the property. “Owner” shall include long-term commercial tenants; management entities, such as those charged with or engaged in the management of properties for profit; and every person or entity having joint ownership of the property. A secured lender not in possession of the property does not constitute an owner, unless the secured lender is included within the meaning of “owner” under another description in this definition, such as a management entity. Redevelopment Any development on previously-developed land, other than a rebuilding activity that results in no net increase in built-upon area and provides equal or greater stormwater control than the previous development. Structural BMP A physical device designed to trap, settle out, or filter pollutants from stormwater runoff; to alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to approximate the pre-development hydrology on a developed site; or to achieve any combination of these goals. Structural BMP includes physical practices such as constructed wetlands, vegetative practices, filter strips, grassed swales, and other methods installed or created on real property. “Structural BMP” is synonymous with “structural practice,” “stormwater control facility,” “stormwater control practice,” “stormwater treatment practice,” “stormwater management practice,” “stormwater control measures,” “structural stormwater treatment systems,” and similar terms used in this ordinance. Substantial progress For the purposes of determining whether sufficient progress has been made on an approved plan, one or more of the following construction activities toward the completion of a site or subdivision plan shall occur: obtaining a grading permit and conducting grading activity on a continuous basis and not discontinued for more than thirty (30) days; or installation and approval of on-site infrastructure; or obtaining a building permit for the construction and approval of a building foundation. “Substantial progress” for purposes of determining whether an approved plan is null and void is not necessarily the same as “substantial expenditures” used for determining vested rights pursuant to applicable law. MS4 Inspection Report Hickory, NC: NPDES Permit No. NCS000426 Inspection Date: December 12, 2018 Appendix A Supporting Document 4 City of Hickory Phase II Administrative Manual City of Hickory Administrative Manual for the Phase II Stormwater Ordinance February 6, 2009 2 TABLE OF CONTENTS SECTION 1: Introduction and Purpose.....................................................................................4 1.1 Introduction to the Adminstrative Manual.........................................................4 1.2 Purpose of Administrative Manual......................................................................4 1.3 Effective Date……..…………………………………………………………........4 1.4 Stormwater Administrator....................................................................................4 1.5 Process for Amending the Administrative Manual ............................................4 SECTION 2: Planning Board Review.........................................................................................5 2.1 Planning Board Approval .....................................................................................5 SECTION 3: Stormwater BMP Manual.....................................................................................5 3.1 Use of BMP Manual Required..............................................................................5 SECTION 4: Concept Plan and Consultation Meeting (if requested) .....................................5 4.1 Purpose of Concept Plan and Consultation Meeting..........................................5 SECTION 5: Overview of Submittal and Approval Process………….....……………………6 5.1 Stormwater Management Plan Submittals Checklist….…........……………...6 SECTION 6: Storm Water Management Permit.......................................................................7 6.1 Purpose of Storm Water Management Permit………….…..............................7 6.2 Application for Storm Water Management Permit………...............................7 SECTION 7: Operation and Maintenance Agreement.............................................................8 7.1 Purpose of Operation and Maintenance Agreement..........................................8 7.2 Operation and Maintenance Manual…………………………………………. .8 7.3 Annual Maintenance and Inspection Report......................................................8 3 SECTION 8: Final Plat and Access Agreement…...…………………………………………..9 8.1 Purpose of Final Plat.............................................................................................9 8.2 Notes on Final Plat ................................................................................................9 8.3 Access Easement on Final Plat.............................................................................9 8.4 Written Access Easement .....................................................................................10 SECTION 9: Securities for Installation and Maintenance……...…………………………....10 9.1 Purpose of a Security ............................................................................................10 9.2 Security Submittals and Amounts .......................................................................10 9.3 Release of Construction Performance Security..................................................11 SECTION 10: As-Built Submittals……………………………………………………………..11 10.1 Certification, Record of Construction, and As-Builts…………………………11 SECTION 11: Low-Density Projects...........................................................................................11 11.1 Deed Restrictions and Protective Covenants………...……………….…...……11 City of Hickory Phase II Stormwater Administrative Manual 4 SECTION 1: INTRODUCTION AND PURPOSE 1.1 INTRODUCTION The National Pollutant Discharge Elimination System (NPDES) Phase II Stormwater program was created by the passage of amendments to the Clean Water Act (CWA). The objective of the CWA was to restore and maintain the chemical, physical, and biological integrity of the nation’s surface waters. The City of Hickory (herein after referred to as the City) was issued a permit to discharge stormwater to the nation’s surface waters effective July 1, 2005. A requirement of this permit was that the City adopt an NPDES Phase II Stormwater Ordinance to control the adverse effects of polluted stormwater runoff associated with new development and redevelopment projects. The Phase II Stormwater Ordinance (City Ordinance Number 07-30) was effective July 1, 2007. Questions regarding the Phase II Stormwater Ordinance or the Adminstrative Manual should be directed to the City’s Engineering Department at 828 323-7416. 1.2 PURPOSE The purpose of this Administrative Manual is to provide guidance for the implementation and administration of the Phase II Stormwater Ordinance. The Administrative Manual includes an overview of the submittal and approval processes necessary to obtain a stormwater management permit for the stormwater management and control practices on a site that is being developed or redeveloped. 1.3 EFFECTIVE DATE The Administrative Manual will be effective February 6, 2009. 1.4 STORMWATER ADMINISTRATOR The person responsible for administering and enforcing the Phase II Stormwater Ordinance is the Stormwater Administrator. The powers and duties for the Stormwater Administrator are specified in the Phase II Stormwater Ordinance. 1.5 PROCESS FOR AMENDING THE ADMINISTRATIVE MANUAL The Administrative Manual may be updated as required. The Stormwater Administrator is responsible for all amendments to the Administrative Manual. All policy related changes to the Manual require approval by the City Council. City of Hickory Phase II Stormwater Administrative Manual 5 SECTION 2: PLANNING BOARD REVIEW 2.1 PLANNING BOARD APPROVAL Some projects require initial approval by the City Plannning Board. After approval by the Planning Board, the requirements for approval of stormwater management plan submittals are outlined in the sections that follow. SECTION 3: STORMWATER BMP MANUAL 3.1 USE OF BMP MANUAL REQUIRED The City has adopted the Stormwater Best Management Practice (BMP) Manual (Design Manual) published by the North Carolina Department of Enviroment and Natural Resources, Division of Water Qualtiy (NCDENR, DWQ). The latest edition of the Design Manual shall be used for the design of any stormwater BMPs that are a part of the project design submittal. The Design Manual is available for review or downloading at the following website: http://h2o.enr.state.nc.us/su/bmp_forms.htm. SECTION 4: CONCEPT PLAN AND CONSULTATION MEETING (IF REQUESTED) 4.1 PURPOSE OF CONCEPT PLAN AND CONSULTATION MEETING The land owner, the land owner’s duly authorized agent, or anyone having interest in the property by reason of a written contract with the owner may request a consultation meeting to discuss a proposed Concept Plan for the stormwater management system to be utilized in the proposed development project. The purpose of the Concept Plan is to demonstrate how a proposed development project shall comply with the post-construction requirements of the City’s Phase II Stormwater Ordinance. The Concept Plan is not a detailed design but is meant to provide the basic information necessary for the reviewer to understand the approach to be taken to stormwater management, and to ensure that compliance with Phase II Stormwater Ordinance requirements can be achieved by the proposed development project. The consultation meeting should take place before final site design engineering commences. The purpose of this meeting is to discuss the post-construction stormwater management measures necessary for the proposed project. Local watershed plans and other relevant resource protection plans may be discussed during the consultation meeting. The consultation meeting to review the Concept Plan shall be scheduled with the City’s Engineering Department at 828 323-7416. The Planning Department may attend the consultation meeting to discuss relevant issues concerning the proposed development project. City of Hickory Phase II Stormwater Administrative Manual 6 SECTION 5: OVERVIEW OF SUBMITTAL AND APPROVAL PROCESS 5.1 STORMWATER MANAGEMENT PLAN SUBMITTALS CHECKLIST Submittals Required (* indicates that a standard form is to be used) Administrative Manual Section Stormwater Ordinance Section (1) Stormwater Management Permit Application* 6 2.2(A) (2) Design Drawings 6 2.3(B) (3) Stormwater Calculations 6 2.3(B) (4) Design Checklist(s) from NCDENR Design Manual* 6 2.3(B) (5) Construction Performance Security 9 4.4(A) (6) Operation and Maintenance Manual 7 4.2(A) (7) Operation and Maintenance Agreement w/ Addenda* 7 4.2(A) (8) Written Access Easement* 8 4.2(A) (9) Final Plat with Access Easement Shown 8 4.5(A) (10) Certified As-Built Drawings 10 2.3(C) (11) Certification of Completion* 10 2.3(C) (12) Record of Construction* 10 2.3(C) (13) Maintenance Security 9 4.4(A) (14) Annual Inspection Report* 7 4.1(B) Note: Standard forms are available in the City’s Engineering Department and on the website at www.hickorygov.com. Items 1-4 above are to be submitted to the Development Assistance Center to begin the review and approval process. Items 5-14 above are to be submitted to the City’s Engineering Department after design approval. Items 1-4, the Stormwater Management Permit Application, Design Drawings, Stormwater Calculations, and Design Checklist(s) from the Design Manual (latest edition) must be submitted to begin the review and approval process. Item 5, the Construction Performance Security must be submitted before onsite construction begins. The amount of the construction performance security will be 125% of the total estimated construction cost for the complete installation of the BMP(s). Items 6-9, Operation and Maintenance Manual, Operation and Maintenance Agreement with Addenda, Written Access Easement, and Final Plat with Access Easement shall be recorded at the Register of Deeds’ office. The land owner shall pay the document recording fee. Items 6-13, Operation and Maintenance Manual, Operation and Maintenance Agreement with Addenda, Written Access Easement, Final Plat with Access Easement, Certified As- Built Drawings, Certification of Completion, Record of Construction, and Maintenance Security must be submitted and approved before a Certificate of Occupancy can be issued. Item 14, Annual Inspection Report must be submitted on/or before the first and each subsequent anniversary of the as-built certification. City of Hickory Phase II Stormwater Administrative Manual 7 SECTION 6: STORMWATER MANAGEMENT PERMIT 6.1 PURPOSE OF STORMWATER MANAGEMENT PERMIT The purpose for issuance of the Stormwater Management Permit is to provide a mechanism for the review and approval of the method to be used for the management and control of stormwater for a development or redevelopment site to ensure that it is consistent with the requirements of the Phase II Stormwater Ordinance. A Stormwater Management Permit is required for all development and redevelopment projects unless the project is exempt pursuant to the Phase II Stormwater Ordinance Sections 1.5(B) and 2.2(A). No land development activity, including land clearing and grading, can be initiated for such development or redevelopment until a Stormwater Management Permit has been issued by the Stormwater Administrator. A Stormwater Management Permit shall govern the design, installation, and construction of storm water management and control practices on the site, including structural BMPs and elements of site design for storm water management other than structural BMPs. Compliance after project completion is assured by the maintenance provisions of the Phase II Stormwater Ordinance. The purpose of the Stormwater Management Permit Application is to demonstate how post-construction stormwater runoff shall be controlled and managed and how the proposed project shall meet the requirements of the Phase II Stormwater Ordinance. A properly submitted, reviewed, and approved Stormwater Management Permit Application is required for the issuance of a Stormwater Management Permit. The content and form of the Stormwater Management Permit Application shall be established by the Stormwater Administrator. All design drawings, calculations, and design checklists submitted with the application shall be prepared by a registered North Carolina professional engineer, surveyor, soil scientist, or landscape architect in accordance with Section 2.3(B) of the Phase II Stormwater Ordinance. 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 storm water management facilities and practices meet the submittal requirements for complete applications, that the designs are sufficient to comply with applicable standards and policies found in the Design Manual, and that the designs ensure compliance with the Phase II Stormwater Ordinance. The Stormwater Administrator shall review the stormwater management permit application submittal within 15 working days after a complete application is submitted. Upon review and approval of the stormwater management permit application, design drawings, stormwater calculations, and design checklists, a stormwater management permit will be issued to the owner (or owner’s agent) with a copy to the designer. Land development activities may not begin until the stormwater management permit is issued. 6.2 APPLICATION FOR STORMWATER MANAGEMENT PERMIT A copy of the standard Stormwater Management Permit Application Form shall be furnished by the City. The design drawings, stormwater calculations, and the design checklist(s) from the Design Manual must be submitted with the Stormwater Management Permit Application Form in order for the submittal to be complete. City of Hickory Phase II Stormwater Administrative Manual 8 SECTION 7: OPERATION AND MAINTENANCE AGREEMENT 7.1 PURPOSE OF OPERATION AND MAINTENANCE AGREEMENT An Operation and Maintenance Agreement is required for all BMPs. The purpose of this legal agreement is to ensure that each BMP receives adequate maintenance so that it can satisfactorily perform its pollutant removal function. The agreement also designates the responsible party who shall be in charge of maintaining the BMP. An addendum for each type of BMP shall be attached to the Operation and Maintenance Agreement when it is submitted for approval. The standard format Operation and Maintenance Agreement and Addenda shall be furnished by the City. The Operation and Maintenance Agreement and Operation and Maintenance Manual should be submitted for review and approval once the Stormwater Management Permit is issued. The Operation and Maintenance Agreement and Operation and Maintenance Manual must be approved before a Certificate of Occupancy is issued. The Operation and Maintenance Agreement and Operation and Maintenance Manual shall be referenced on the final plat. The Operation and Maintenance Agreement and Operation and Maintenance Manual shall be recorded with the appropriate County Register of Deeds (Catawba, Caldwell, or Burke). 7.2 OPERATION AND MAINTENANCE MANUAL An Operation and Maintenance Manual is required for all site BMPs. The Operation and Maintenance Manual shall include all site BMPs and shall indicate what operation and maintenance actions are required to be performed, what criteria shall be used to determine when those actions are necessary, and who is responsible for those actions. A copy of the Operation and Maintenance Manual shall be kept at the site along with the records of inspections, maintenance, and repairs. 7.3 ANNUAL MAINTENANCE AND INSPECTION REPORT The Operation and Maintenance Agreement requires that each BMP shall be inspected on an annual basis. The Owner shall provide an annual inspection report for each BMP, performed by a qualified professional according to the City’s Phase II Stormwater Ordinance Section 4.1(B). The standard format Maintenance and Inspection Checklist form shall be furnished by the City. The annual inspection report shall be submitted to the City on/or before the first and each subsequent anniversary date of the as-built certification. The inspection report for each BMP must indicate the status of each item inspected, and any maintenance that was conducted or repairs that were made as a result of the inspection. The inspector shall certify that at the time of the inspection the BMP was performing properly and was in compliance with the terms and conditions of the approved Operation and Maintenance Agreement and Operation and Maintenance Manual. The inspector should allow enough time before the anniversary date of the as-built certification to conduct the necessary inspection(s) and allow for any recommended maintenance and repairs to be made prior to the submittal of the report. City of Hickory Phase II Stormwater Administrative Manual 9 The owner of the BMP shall keep records of inspections, maintenance, and repairs for at least five (5) years from the date of creation of the record and shall submit the same to the Storm Water Administrator upon request. SECTION 8: FINAL PLAT AND ACCESS EASEMENT 8.1 PURPOSE OF FINAL PLAT Enforceable restrictions on property usage are required to run with the land to ensure that future development and redevelopment maintains the site in compliance with Phase II Stormwater Ordinance requirements. This shall be achieved through specific notations on final plats as described below. Final plats shall be reviewed and approved by the City prior to recordation. Final plats shall be prepared by a surveyor licensed in the State of North Carolina, and shall be prepared in accordance with the requirements of the Standards of Practice for Surveying in North Carolina and the mapping requirements of G.S. 47-30. 8.2 NOTES ON FINAL PLAT The notes herein are related to stormwater management and the Phase II Stormwater Ordinance and are not intended to be in conflict with any other requirements for final plats. The following shall appear on all final plats with and shall be recorded at the appropriate County Register of Deeds’ Office (Catawba, Caldwell, or Burke): 1. The following language shall appear on the final plat regarding BMP maintenance: “This property contains water quality features that must be maintained according to the Operation and Maintenance Agreement and Operation and Maintenance Manual recorded in Deed Book ______ and Page ______.” 2. The following language shall appear on the final plat regarding the access easement from the BMP(s) to a public right of way: “The Access Easement shown is for the purpose of granting access to the City of Hickory to carry out all provisions of the City’s Phase II Stormwater Ordinance, including but not limited to inspections of the stormwater BMP device(s).” 3. The area of the access easement shall be shown on the final plat. 4. Structural BMP(s) shall be clearly identified with an identification name and number on the final plat. 8.3 ACCESS EASEMENT ON FINAL PLAT The access easement shown on the final plat shall encompass the structural BMP(s) and shall be of sufficient width to allow access for heavy equipment to enter the site and work around the perimeter of the structural BMP(s). A minimum width of twenty-five feet in width shall be provided for the access easement to the structural BMP(s). A minimum additional width of twenty-five feet around the outside perimeter of the structural BMP(s), measured from the top of the bank or the toe of the slope, shall be provided as a part of the access easement unless otherwise approved by the City. City of Hickory Phase II Stormwater Administrative Manual 10 8.4 WRITTEN ACCESS EASEMENT A written access easement describing the access easement shown on the final plat shall also be provided for review and approval by the City. The written access easement shall be recorded at the appropriate County Register of Deeds’ office (Catawba, Caldwell, or Burke). SECTION 9: SECURITIES FOR INSTALLATION AND MAINTENANCE 9.1 PURPOSE OF A SECURITY The City shall require the submittal of a performance security to ensure that the construction of the site BMP(s) are in accordance with the design drawings approved by the Stormwater Administrator. A maintenance security shall be required to ensure that, in accordance with the Operation and Maintenance Agreement and the Operation and Maintenance Manual, the owner takes the required actions to inspect, maintain, repair, and if necessary reconstruct the BMP(s) so that adequate performance is achieved. 9.2 SECURITY SUBMITTALS AND AMOUNTS The installation and maintenance securites may be in the form of a surety bond, irrevocable letter of credit, certified check, or other form of surety approved by the Stormwater Administrator. The construction performance security must be submitted before onsite construction begins. The amount of the construction performance security will be 125% of the total estimated construction cost for the complete installation of the BMP(s). The amount of the construction performance security must be approved by the Stormwater Administrator. The maintenance security must be submitted and approved before a certificate of occupancy can be issued. The amount of the maintenance security shall be based upon a reasonable estimate of the annual cost of inspection, operation and maintenance of the BMP(s) approved under the stormwater management permit in accordance with Section 4.4 (B)(2) of the Phase II Stormwater Ordinance. To meet this purpose, The Economics of Structural Stormwater BMPs in North Carolina by Dr. Bill Hunt and Ada Wossink shall be used to calculate the appropriate amount of the maintenance security. The example security amounts below were calculated using this study: BMP Watershed Wet Pond Wetland Sand Filter Bio-Retention (acres) 1 $9,200.00 $4,500.00 $10,600.00 $3,400.00 2 $11,100.00 $5,000.00 $15,300.00 $3,800.00 3 $12,400.00 $5,300.00 $19,000.00 $4,100.00 4 $13,400.00 $5,600.00 $22,100.00 $4,200.00 5 $14,200.00 $5,800.00 $24,900.00 $4,400.00 City of Hickory Phase II Stormwater Administrative Manual 11 9.3 RELEASE OF CONSTRUCTION PERFORMANCE SECURITY The City shall perform an onsite inspection to determine if the BMPs have been constructed in accordance with the approved drawings and the requirements of the Phase II Stormwater Ordinance. The construction performance security shall not be released until after the City’s receipt and acceptance of the Certified As-Built Drawings, Certification of Completion, Record of Construction, and the Maintenance Security. SECTION 10: AS-BUILT SUBMITTALS 10.1 CERTIFICATION, RECORD OF CONSTRUCTION, AND AS-BUILTS The designer shall furnish a Certification of Completion statement along with a Record of Construction form, to certify under seal that the stormwater management and control measures and devices, including the structural BMPs, have been completed in conformance with the drawings and specifications approved by the City, are functioning as designed, and are in conformance with the requirements of the Phase II Stormwater Ordinance. The Record of Construction shall document the essential design elements of the structural BMPs against the original design. The Certification of Completion statement format and the Record of Construction form shall be furnished by the City. The as-built drawings shall be based upon information obtained by a surveyor licensed in the State of North Carolina, after construction is completed and accepted by the designer. The as-built drawings shall show the final location, size, and depth for all storm water management facilities, controls, measures, devices, and structures, including BMPs, as installed. The Certification of Completion, Record of Construction, and as-built drawings must be submitted and approved before a Certificate of Occupancy can be issued. SECTION 11: LOW-DENSITY PROJECTS 11.1 DEED RESTRICTIONS AND PROTECTIVE COVENANTS A development project is low-density if it has no more that two dwelling units per acre or twenty-four percent built-upon area for all residential and non-residential development. A stormwater management permit shall be required for a development project with an overall density at or below the relevant low-density threshold, if the development project contains an area or areas that could be developed so that the overall density would exceed the low- density threshold. The approval of the stormwater management permit application shall require an enforceable restriction on property usage, such as a recorded deed restriction or protective covenants, to ensure that the development project maintains the site consistent with the development project plans and the low-density development standards in accordance with Section 3.2(C) of the Phase II Stormwater Ordinance. MS4 Inspection Report Hickory, NC: NPDES Permit No. NCS000426 Inspection Date: December 12, 2018 Appendix A Supporting Document 5 City of Hickory Stormwater Plan Review Checklist Plan Review Checklist Stormwater Reviews 1. Review Site plan – Existing conditions vs. Proposed improvements a. Compare existing impervious to proposed impervious. Does the increase in impervious trigger the Phase II Stormwater requirements? b. Review calculations. i. Pre-development discharge from site. ii. Post-development discharge from site for 1 yr., 2 yr., and 10 yr. storm events. iii. Post-development discharges should be less than Pre-development discharges. iv. Review calcs to ensure methodology is sound. 2. Review Grading/Drainage plan. a. How is water handled through the site? b. How is off site stormwater handled? c. What type of BMPs are proposed? Are they adequate for the use suggested? d. Do the details give enough information for construction and inspection? i. For detention basins – Bottom elev., normal flow elev., Overflow elev., Orifice elev., dimensions, slopes, etc. ii. For sand filters – Layer thicknesses and types of materials. iii. Compare elevations to calculations 3. Standard statements for Required Stormwater Documents for Final C.O. Civil Plan Reviews 1. Driveway access a. NCDOT Right of Way permit required? b. Distance from nearest intersection? c. Width 2. Parking areas a. Stall widths and lengths b. Aisle width c. Access 3. Sanitation a. Dumpster enclosure dimensions b. Access(ingress & egress)/location 4. Fire Department Access a. Ingress/Egress 5. Streets for future CoH maintenance a. Plan/Profile b. Width c. Curb & Gutter d. Drainage 6. Stormdrain a. Type and size of pipe b. Layout of pipe c. Elevations – Min. slope d. Dissipators – End treatment 7. Sidewalk/Curb & Gutter along street a. Required? b. Width c. Bond instead? 1 Stormwater Project Documents Required for Permanent Certificate of Occupancy Includes reference to City of Hickory Phase II Stormwater Ordinance Sample forms and other information can be found at the City of Hickory website. http://www.hickorync.gov/content/stormwater-program - As-Built Plans - 2.3(C) - Show final design specifications for all stormwater management facilities and practices for maintenance. - Show field locations, size, depth, and planted vegetation of all measures, controls, and devices as installed. - Include elevations of all stormwater devices as installed. - Shall include designer's seal confirming that stormwater devices are installed and in compliance with approved stormwater management plans for the site. - Engineer's Certifications can be found on the City of Hickory website - Performance Security for Installation and Maintenance - 4.4 - Bond form can be found on the City of Hickory website Final Recorded Documents 1.) Operation and Maintenance Agreement - 4.2 - O&M agreements can be found on the City of Hickory website - O&M agreement shall be referenced on the final easement plat. - 4.5(A) 2.) Final Plat - 4.5 - Reference the City of Hickory Administrative Manual for the Phase II Stormwater Ordinance, Section 8 - Include references to Operation and Maintenance Agreement on face of plat - Include any information needed pursuant to G.S. 47-30 as amended 3.) Access Easement - 4.5 - Include written easement document which can be found on the City of Hickory website 2 Planning and Development certificates: Certificate of Ownership and Dedication I (we) hereby certify that I (we) are the owner(s) of the property described hereon, which property is located in the subdivision regulation jurisdictional area of the City of Hickory, that I (we) hereby freely adopt this maintenance and access easement conveyance. _____________________________ __________________ Owner Date A Notary Public statement for the certificate of ownership and dedication. Approval Certificate for Exempt from Subdivision Plat I certify that to the best of my knowledge that the plat shown hereon is exempt from The City of Hickory’s Subdivision Regulations __________________________________ __________________ Director of Planning or Designee Date Plat Review Officer Certificate State of North Carolina County of ____________________ I, ____________, Review Officer of __________ County, certify that the map or plat to which this certification is affixed meets all statutory requirements for recording. Date _______________________________ Review Officer_______________________ 3 Phase II Stormwater facility certificates: City Engineer’s certificate I hereby certify that the Phase II stormwater management facilities have been completed in accordance with the project specifications and standards, as defined in the City of Hickory Phase II Stormwater Ordinance. I certify that said improvements were fully operational at the time of inspections, and are approved by the City of Hickory. City Engineer _______________________________ Date __________________ This property contains water quality features that must be maintained according to the Operation and Maintenance Agreement and the Operation and Maintenance Manual recorded in Deed Book _______________ at Page ________________. The access easement shown is for the purpose of granting access to the City of Hickory to carry out all provisions of the City’s Phase II stormwater ordinance including, but not limited to, inspections of the stormwater BMP device(s). MS4 Inspection Report Hickory, NC: NPDES Permit No. NCS000426 Inspection Date: December 12, 2018 Appendix A Supporting Document 6 City of Hickory Municipal Properties Inventory