NCS000397_APPLICATION_20100223

STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
CS o�v
DOC TYPE
❑FINAL PERMIT
ANNUAL REPORT.
❑VAPPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ a-b l D 6 a�3
YYYYMMDD

State of North Carolina OFFIC USE ONLY
Department of Environment & Natural Resources Date Rec'd
Division of Water Quality Fee Paid
Permit Number cil
NPDES STORMWATER PERMIT APPLICATION FORM
This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public
Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application
package includes this form and three copies of the narrative documentation required in Section X of this form.
This application form, completed in accordance with Instructions for completing NPDES Small M54 Stormwater
Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with
Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268) are bath
required for the application package to be considered a complete application submittal. Incomplete application
submittals may be returned to the applicant.
I. APPLICANT STATUS INFORMATION ❑ New Application ® Renewal (Permit No. NCS 0000397 )
a.
Name of Public Entity
City of Newton
Seeking Permit Coverage
b.
Ownership Status (federal,
Local
state or local
c.
Type of Public Entity (city,
City
town, county, prison, school,
etc.
d.
Federal Standard Industrial
SIC 91— 97
m m
Classification Code
z
e.
County(s)
Catawba County
m CID
i
f.
3urisdictional Area (square
13.7
miles).,
g.
Population
Permanent
13,670
Seasonal (if available)
h.
Ten-year Growth Rate
100/0
i.
Located on Indian Lands?
❑ Yes 2 No
II. RPE / MS4 SYSTEM INFORMATION
a.
Storm Sewer Service Area
s uare miles
13.7
b.
River Basin(s)
Catawba
c.
Number of Primary Receiving
Streams
10
d.
Estimated percentage of jurisdictional
area containing the following four land use activities:
•
Residential
3911/o
•
Commercial
10961
•
Industrial
3%
•
Open Space
48910
Total =
100%
e.
Are there significant water
quality issues listed in the
attached application report?
❑ Yes ® No
III. EXISTING LOCAL WATER QUALITY PROGRAMS
Page 1
SWU-264-103102

NPDES RPE Stormwater Permit Application
a. Local Nutrient Sensitive Waters Strategy
❑ Yes © No
b. Local Water Supply Watershed Program
© Yes ❑ No
c. Delegated Erosion and Sediment Control Program
® Yes ❑ No
d. CAMA Land Use Plan
❑ Yes ® No
IV. CO -PERMIT APPLICATION STATUS INFORMATION
(Complete this section only if co -permitting)
a. Do you intend to co -permit with
❑ Yes ® No
a permitted Phase I entity?
b. If so, provide the name and permit number of that entity:
• Name of Phase I MS4
• NPDES Permit Number
c. Do you intend to co -permit
El Yes No
with another Phase II enti ?
d. If so, provide the name(s) of
the entity:
e. Have legal agreements been
finalized between the co-
❑ Yes ❑ No
erm ittees?
V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS
(If more than one, attach additional sheets)
a. Do you intend that another
entity perform one or more of
our permit obligations?
® Yes ❑ No
b. If yes, identify each entity and the element they will be implementing
• Name of Entity
Catawba County Environmental Health Division
• Element they will implement
To regulate new and existing septic tanks
• Contact Person
Mike Cash
• Contact Address
100A Southwest Blvd, Newton, NC 28658
• Contact Telephone Number
[phone]
c. Are legal agreements in place
to establish responsibilities?
El Yes ®No
VI. DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff member. This
delegation must name a specific person and position and include documentation of the delegation action
through board action.
a. Name of person to which permit authority
has been delegated
b. Title/position of person above
C. Documentation of board action delegating permit authority to this person/position must be
provided in the attached application report.
VII. SIGNING OFFICIAL'S STATEMENT
Page 2
SWU-264-103102

NPDES RPE Stormwater Permit Application
Please see the application instructions to determine who has signatory authority for this permit
application. If authority for the NPDES stormwater permit has been appropriately delegated through
board action and documented in this permit application, the person/position listed in Section VI above
may sign the official statement below.
I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. lam aware that there are significant penaltie5 for submitting false information,
including the possibility of fines and imprisonment for knowing violations.
Signature
Name
Rob rt A. Mullin x
Title
Mayor
Street Address
401 N Main Avenue
PO Box
PO Box 550
City
Newton
State
NC
Zip
28658
Telephone
[phone]
Fax
[phone]
E-Mail
[e-mail]
VIII. MS4 CONTACT INFORMATION
Provide the following information for the person/position that will be responsible for day to day
implementation and oversight of the stormwater program.
a.
Name of Contact
Person
Glenn Pattishall
b.
Title
Planning Director/Asst. City Manager
c.
Street Address
401 N Main Avenue
d.
PO Box
PO Box 550
e.
City
Newton
f.
State
NC
g.
Zip
28658
h.
Telephone Number
[phone]
i.
Fax Number
[phone]
j.
E-Mail Address
[e-mail]
Page 3
SWU-264-103102

NPDES RPE Stormwater Permit Application
IX. PERMITS AND CONSTRUCTION APPROVALS
List permits or construction approvals received or applied for under the following programs. Include contact
name if different than the person listed in Item V111. If further space needed, attach additional sheets.
a. RCRA Hazardous Waste
Management Program
b. UIC program under SDWA
c. NPDES Wastewater Discharge
NC036196 — Contact Person: W lice Martin
Permit Number
Public Works & Utility Director
d. Prevention of Significant
Deterioration (PSD) Program
e. Non Attainment Program
f. National Emission Standards for
Hazardous Pollutants (NESHAPS)
reconstruction apaLcLval
g. Ocean dumping permits under the
N/A
Marine Protection Research and
Sanctuaries Act
h. Dredge or fill permits under
section 404 of CWA
X. NARRATIVE APPLICATION SUPPLEMENT - STORMWATER MANAGEMENT PROGRAM REPORT
Attach three copies of the Stormwater Management Program Report for the five-year permit term. The
Stormwater Management Program Report shall be assembled in the order and formatted in accordance with
the Table of Contents shown below, bound with tabs identifying each section by name, and include a Table
of Contents with page numbers for each entry. The required narrative information for each section is
provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report
(SWU-26s).
Page 4
SWU-264.103102

NPDES RPE Stormwater Permit Application
TABLE OF CONTENTS
1. STORM SEWER SYSTEM INFORMATION
1.1. Population Served
1.2. Growth Rate
1.3. Jurisdictional and MS4 Service Areas
1.4. MS4 Conveyance System
1.5. Land Use Composition Estimates
1.6. TMDL Identification
2. RECEIVING STREAMS
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs
3.2. State programs
4. PERMITTING INFORMATION
4.1. Responsible Party Contact List
4.2. Organizational Chart
4.3. Signing Official
4.4. Duly Authorized Representative
5. CO -PERMITTING INFORMATION (IF APPLICABLE)
5.1. Co-Permittees
5.2. Legal Agreements
5.3. Responsible Parties
6. RELIANCE ON OTHER GOVERNMENT ENTITY
6.1. Name of Entity
6.2. Measure Implemented
6.3. Contact Information
6.4. Legal Agreements
7. STORMWATER MANAGEMENT PROGRAM
7.1, Public Education and Outreach on Storm Water Impacts
7.2. Public Involvement and Participation
7.3. Illicit Discharge Detection and Elimination
7.4. Construction Site Stormwater Runoff Control
7.5. Post -Construction Storm Water Management in New Development and Redevelopment
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations
Page 5
SWU-264-103102

Stormwater Management Of Newton
anagement Program Report
February 16, 2010
mm
z
-n
� 1

TABLE OF CONTENTS
1. STORM SEWER SYSTEM INFORMATION
1.1. Population Served
1.2. Growth Rate
1.3.Jurisdictional and MS4 Service Areas
1.4. MS4 Conveyance System
1.5. Land Use Composition Estimates
1.6. TMDL Identification
2. RI]CEIVING S'FRI AMS
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs
3.2. State programs
4. PERMITTING INFORMATION
4.1. Responsible Party Contact List
4.2.Organizational Chart
4.3. Signing Official
4.4. Duly Authorized Representative
5. CO -PERMITTING INFORMATION (IF APPLICABLE)
5.1. Co-Permittees
5.2. Legal Agreements
5.3. Responsible Parties
6. RELIANCE ON OTHER GOVERNMENT ENTITY
6.1. Name of Entity
6.2. Measure Implemented
6.3. Contact Information
6.4. Legal Agreements
7. STORMWATER MANAGEMENT PROGRAM
7.1. Public Education and Outreach on Storm Water Impacts
7.2. Public Involvement and Participation
7.3.Illicit Discharge Detection and Elimination
7.4. Construction Site Stormwater Runoff Control
7.5. Post -Construction Storm Water Management in New Development and Redevelopment
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations
=2=

1. STORM SEWER SYSTEM INFORMATION
1.1 Population Served
According to the 2008 State Planning Office's population estimate, the population of Newton is
13,670. 'Phis population is assumed to be permanent with no seasonal population.
1.2 Growth Rate
The growth rate, as calculated from the 2000 Census data and the 2008 State Planning Office's
population estimate, is 1`% per year.
1.3 Jurisdictional and MS4 Service Areas
The jurisdictional area and MS4 service is assumed to be the same as the city limits, which is 13.7
square miles. The ETJ area is 5.7 square miles, but the only legal authority that the City has within
this area is the enforcement of the Soil Erosion and Sedimentation Control Ordinance and the
Zoning and Subdivision Ordinances.
1.4 MS4 Conveyance System
Like many cities of its size, the City of Newton did not have any records of its storm drainage
conveyance system, prior to beginning the mapping of the system five (5) years ago. Most of the
infrastructure is aging and in poor condition. The older, denser areas of the City contain the
majority ol'the culvert and pipe systems and catch basins. The more rural areas of the City, the
conveyance system consists mostly ofchannels and ditches that run through backyards and feed
into larger streams.
'['he City does not currently have a formal program to clean storm sewer inlet structures or pipes.
The portion of the conveyance system that is maintained is within the City's right-of=way.
Currently the infrastructure is maintained by the City's Street Department as problems are reported
by residents or noted in the field by City personnel. "Typical maintenance includes driveway culvert
installation and clean out, ditch maintenance, catch basin repairs and clean out, and headwall
maintenance. In addition, catch basins are cleaned on an as -needed basis.
1.5 Land Use Composition Estimates
Land Use Category
Area in Acres
Percentage
Residential
4.278
39 %
Industrial
1.107
10 %
Commercial
342
3 %
Open Space
5.276
48 %
TOTAL
11,003
100 1%
The land use estimates were generated using GIS land use data and include the ET.1 area.
1.6 TM DL Identification
There are no 'I'M DL requirements on receiving streams within the City of Newton.
=3=

2. RECEIVING STREAMS
A map showing the Streams within the City Limits and FTJ is attached as Appendix A.
Table 2-1. Streams in the Catawba River Basin that Receive Discharge from the City of Newton
Receiving Stream Name
Stream Segment
Water Quality
Classification
Water Quality Issues
303(d)
List
Betts Branch
From Source to Clark
Creek
C
NIA
No
Unnamed Tributary Betts Branch 01
see ma
NIA
NIA
No
Bills Branch Bili Branch
From Source to Clark
Creek
C
NIA
No
Unnamed Tributary Bills Branch 01
see ma
NIA
NIA
No
Clark Creek Shooks Lake
From SR 1149 to SR 2012
C
Hydro -modification
due to intentional
Channelization
Yes
Unnamed Tributary Clark Creek 01
see map
NIA
NIA
No
Unnamed Tributary Clark Creek 02
see ma
NIA
NIA
No
Unnamed Tributary Clark Creek 03
see ma
NIA
NIA
No
Unnamed Tributary Clark Creek 04
see map
NIA
NIA
No
Unnamed Tributary Clark Creek 05
see ma
NIA
NIA
No
Unnamed Tributary Clark Creek 06
see ma
NIA
NIA
No
Unnamed Tributary Clark Creek 07
see map
NIA
NIA
No
Unnamed Tributary Clark Creek 08
see ma
NIA
NIA
No
Unnamed Tributary Clark Creek 09
see ma
NIA
NIA
No
Unnamed Tributary Clark Creek 10
see ma
NIA
NIA
No
Unnamed Tributary Clark Creek 11
see ma
NIA
NIA
No
Unnamed Tributary Clark Creek 12
see ma
NIA
NIA
No
Cline Creek
From Source to Clark
Creek
C
NIA
No
Unnamed Tributary Cline Creek 01
see ma
NIA
NIA
NO
Unnamed Tributary Cline Creek 02
see ma
NIA
NIA
No
Unnamed Tributary Cline Creek 03A
see ma
NIA
NIA
No
Unnamed Tributary Cline Creek 03B
see map
NIA
NIA
No
Unnamed Tributary Cline Creek 04
see ma
NIA
NIA
No
Hildebran Creek(AnthonyCreek
From 0.6 Mile upstream of
mouth of South Fork
WS-III
NIA
No
Unnamed Tributary Hildebran Creek 01
see map
NIA
NIA
No
Unnamed Tributary Hildebran Creek 02
see ma
NIA
NIA
No
Unnamed Tributary Hildebran Creek 03
see map
NIA
NIA
No
Unnamed Tributary Hildebran Creek 04
see map
NIA
NIA
No
Unnamed Tributary Hildebran Creek 05
see ma
NIA
NIA
No
Unnamed Tributary Hildebran Creek 06
see map
NIA
NIA
No
Jacob Fork
From source to Catawba
I Co SR 1734
C
NIA
No
Unnamed Tributary Jacob Fork 01
1 see map
NIA
NIA
No
=4=

Table 2-1 continued. Streams in the Catawba River Basin that Receive Dischar
es from the City of Newton
Receiving Stream Name
Stream Segment
Water Quality
Classification
Water Quality Issues
303(d)
List
McLin Creek
From source to Town
Creek
C
NIA
No
Unnamed Tributary McLin Creek 01
see ma
NIA
NIA
No
Unnamed Tributary McLin Creek 02
see ma
NIA
NIA
No
Unnamed Tributary McLin Creek 03
see map
NIA
NIA
No
Unnamed Tributary McLin Creek 04
see map
NIA
NIA
No
Unnamed Tributary McLin Creek 05A
see ma
NIA
NIA
No
Unnamed Tributary McLin Creek 05B
see ma
NIA
NIA
No
Unnamed Tributary McLin Creek 06
see ma
NIA
NIA
No
Unnamed Tributary McLin Creek 07
see ma
NIA
NIA
No
Sm re Creek
From source to Catawba-
Lincoln County Line
WS-V
NIA
No
Unnamed Tributary Sm re Creek 01
see map
NIA
NIA
No
Unnamed Tributary Sm re Creek 02
see map
NIA
NIA
No
Unnamed Tributary Sm re Creek 03
see map
NIA
NIA
No
Unnamed Tributary Sm re Creek 04
see map
NIA
NIA
No
Unnamed Tributary Sm re Creek 05
see map
NIA
NIA
NO
Unnamed Tributary Sm re Creek 06A
see ma
NIA
NIA
No
Unnamed Tributary Sm re Creek 06B
see ma
NIA
NIA
No
Unnamed Tributary Sm re Creek 06C
see ma
NIA
NIA
No
South Fork of the Catawba River
From Source to Clark
Creek
C
NIA
No
Unnamed Tributary South Fork of the
Catawba
see ma
NIA
NIA
No
Town Creek
see ma
NIA
NIA
No
Unnamed Tributary Town Creek 01
see map
NIA
NIA
NO
Unnamed Tributary Town Creek 02
see ma
NIA
NIA
NO
Unnamed Tributary Town Creek 03
see ma
NIA
NIA
No
Unnamed Tributary Town Creek 04A
see ma
NIA
NIA
No
Unnamed Tributary Town Creek 04B
see ma
NIA
NIA
No
Unnamed Tributary Town Creek 04C
see map
NIA
NIA
No
Unnamed Tributary Town Creek 04D
see map
NIA
NIA
No
Unnamed Tributary Town Creek 04E
see map
NIA
NIA
No
Unnamed Tributary Town Creek 04F
see ma
NIA
NIA
No
Unnamed Tributary Town Creek 05
see ma
NIA
NIA
No
Unnamed Tributary Town Creek 06
see map
NIA
NIA
No
Unnamed Tributary HenryFork 01
see map
NIA
NIA
No
=5=

3. EXISTING WATER QUALITY PROGRAMS
3.11 Local Programs
The City ofNewton is delegated by the state to implement the Erosion and Sediment Control
program within the City limits and the ET.E area. The City also has a two watershed protection
districts within its jurisdiction. They are the Lane Norman Watershed protection district which
covers a small portion of'the northeastern area of the City, and the Jacobs Fork Watershed
protection district which covers the satellite areas of the City within proximity of'Jacobs Fork
River.
3.2 State Programs
There are currently no programs implemented by the State within the City of Newton.
=6=

4. PERMITTING INFORMATION
4.1 Responsible Party Contact List
The Storinwater Program is the responsibility of
Glenn .1. Pattishall. AICP
Planning Director/Assistant City Manager
gpattishall a,newtonnc. Jov
Phone: [phone]
Fax: [phone]
4.2 Organizational Chart
The organizational chart for the City of Newton is located in Appendix B.
4.3 Signing Official
'IThc signing official for the City of Newton is Robert A. Mullinax, Mayor.
=7=

6. RELIANCE ON OTHER GOVERNMENT ENTITY
6.1 Name of the Entity
Catawba County Environmental Health Division
6.2 Element to be Implemented
To regulate new and existing septic tanks within the City
6.3 Contact Information
6.3.1 Contact Person
Mike Cash
6.3.2 Contact Address
IOOA Southwest Boulevard
Newton, NC 2858
6.3.2 Contact Telephone Number
[phone]
6.4 Legal Agreement
Legal agreements are not'in place; however the Catawba County Environmental Health Division is
the permitting and regulating entity for septic systems within the City of Newton and its 17-T.I.
ME

7. Storm -water Management Program
Phase 11 Stormwater Permit which was issued July I s`, 2005, The City of Newton implemented and
enforced a stormwater management program (SWMP) to reduce the discharge ol'pollutants from its small
MS4 to the maximuii} extent practicable to protect water quality, and to satisfy the appropriate water
quality requirements of the Clean Water Act. The City ol'Ncwton as required by the renewal of its
NI'DES Phase II Stormwater permit will continue the operation of its SWMP. The City's SWMP
addresses the six (6) minimum measures which are Public Education and Outreach; Public Involvement
and Participation; Illicit Discharge Detection and Elimination; Construction Site Runoff Controls; Post -
Construction Site Runoff Controls; and Pollution Prevention and Good Housekeeping for Municipal
Operations.
7.1 Public Education and Outreach on Stormwater Impacts
The objectives of the Public [education and Outreach element of the City's Stormwater Program is
to distribute education materials to the community, conduct public outreach activities, raise public
awareness on the causes and impacts of the stormwater pollution, and inform the public on steps
they can take to reduce or prevent stormwater pollution.
7.1.1 BMP Summary Table
YR
YR
YR
YR
YR
BMP
MEASURABLE GOALS
1
2
3
4
5
(a) Establish a Public
Maintains a public education program.
X
X
X
X
X
Education and Outreach
Incorporate outreach elements for
Program
significant minority and disadvantaged
communities
(b) Informational Web
Maintain internet web site. Post
X
X
X
X
X
Site
newsletter articles on stormwater,
information on water quality,
stormwater projects and activities, and
ways to contact stormwater
management program staff.
(c) Public education
Distribute written educational material
X
X
X
X
X
material discrimination
to a broad public audience.
(d) Public education
Distribute written educational material
X
X
X
X
X
material dissemination
to a broad public audience.
7.1.2 Target Audience
The City of Newton aspires to reach a diverse population with its public education and outreach
campaign. Target groups include residential property owners, commercial and industrial business
owners; school -aged children and community leaders. These groups are being targeted for public
education due to their unique stormwater impacts.
Residential property owners, community leaders and school -aged children are being targeted for
basic stormwater education. These groups are being targeted to ensure a basic understanding of
non -point source pollution and its impacts on the environment throughout the community. City
leaders also aspire to provide these groups with basic pollution prevention techniques they can
easily implement into their everyday lives.
—10=

Non -English speaking residents are being targeted for education to ensure a basic understanding of
non -point source pollution and its impacts on the environment. The City also aspires to provide
ESL (English as a second language) residents with basic pollution prevention techniques they can
easily implement into their everyday lives.
Commercial and Industrial businesses are being targeted for education to inform owners about the
impacts of illicit discharges, reporting procedures, proper waste disposal practices, and the efforts
they can take to minimize pollutants from their sites.
7.1.3 Target Pollutant Sources
The City ofNewton is located in Sub -basin 08-03-35 of the Catawba River Basin. According to
the Catawba River Basin -wide Water Quality Plan, "This sub -basin includes lands that drain to the
Lipper reaches of the South Fork Catawba River. Land use is primarily lorest (571/0) and pastures
(35%). Excellent water quality conditions are present in the western portion of the sub -basin,
including the Henry Fork and the Jacob Fork. Waters in the lower portion of the sub -basin exhibit
diminished water quality from the effects of agricultural activities, urban runoff and several point
source discharges (April 2002). Maior pollutants ofeoneern, specifically along Clark Creek.
include fecal coliform bacteria, bacteria, turbidity, and copper."
Since Newton falls well within the boundaries of this particular sub -basin (08-03-35), public
education and outreach efforts will attempt to address pollutants resulting from agricultural
activities, urban runoff, and point source discharges.
7.1.4 Outreach Program
Available Resources
Educational Brochures
The City has made available to the public brochures and flyers dealing with recycling, solid waste
collection, street maintenance, street and security light repair, back flow prevention, water
conservation, and tips for reducing utility bills.
Website
']'he City has available to the public an informational web -site detailing City services.
httr)://www.newtonnc.Liov
Employee Newsletter
The City Public Information Director currently generates a quarterly newsletter for distribution to
City Employees. Mach city department has allotted space in the newsletter to publicize or promote
departmental projects or initiatives.
Cite -wide Newsletter
The City Public Information Director currently generates a quarterly newsletter for distribution to
City Residents. Each City department has allotted space in the newsletter to publicize or promote
departmental projects or initiatives.

Government Access Channel
The City currently has access to time on a cable television station to inform citizens about city
services, events and job openings.
Educational Presentations
The City has designated staff to conduct educational presentations for local school children and
civic organizations. Target presentations covering specific issues (i.e. recycling) and general
overviews of city operations and services are available upon request.
Outreach Plan
.Educational Brochures
Tai,get Audience: Households
Deliver, Method: Direct Mail ontl New Resident Information Packets
Generate and distribute educational brochures addressing non -point source pollution and its
relation to water quality and report number of households reached. Brochures to include
information on non -point source pollution and outline possible prevention methods. The City
intends to publish brochures in both English and Spanish in an effort to reach the most households.
Web -page
T(rrgle't Audience: General Public
Delivery Method: Current City Internet Site
Maintain a stormwater information page for current Internet site. Report number of-sitc visits.
Em to yee Newsletter
Target Audience: City Employees
Delivei), Method: Inter -office Mciil
Include water quality related articles in the pre-existing quarterly employee newsletter. Report
number ofemployces reached annually.
City-wide Newsletter
'(inlet Audience: City Resiclents
Deli ret y Method: US Mail
Include water quality related articles in the pre-existing quarterly employee newsletter. Report
number ol'employces reached annually.
Government Access Channel
l cugret Audience: Households
Delivery Alethod: I_occil Government Access Channel
Mon

Broadcast public service announcement on the local Government Access Channel related to water
quality to reinforce the importance of clean water. Report the message shared.
Education Presentations
Targei Audience: School Aged Children and C'iviclConnnunily Groups
Delivery Melhod: Lire Presenialion
Develop educational information for presentations to school children and civic/community groups.
Report the number of groups reached and the message shared.
CLitY Sponsored Events and Festivals
Targel Audience: General Public
Delivery Meihod: Iglbrinalional Booth
Use City Sponsored Events and Festivals as opportunities to educate the public about water
quality issues by distributing brochures and other water quality related educational materials to
individuals attending the event. Report on the message shared.
Business Outreach Program
Tai-gel Audience: Businessllndusliy C)Wners
Delivery Method: Direct Mad
Generate and distribute target educational brochure to inform businesses on illicit discharges,
reporting and proper waste disposal practices. Report on the number of businesses/industries
reached and the message shared.
7.1.5 Decision Process
The City ofNewton is taking a rational and logical approach to educating the public about water
quality issues. Since our community lacks a basic understanding of non -point source pollution
and its impacts on the environment City leaders aspire to first provide the identified target groups
with a base knowledge and understanding of non -point source pollution by saturating the public
with general water quality information and pollution prevention techniques using various media
outlets.
After establishing a basic understanding of water quality issues among target groups using various
media outlets, City leaders aim to narrow the program's focus to target more specific audiences by
creating, distributing and presenting tailored information designed to meet each groups' individual
educational needs.
7.1.6 Evaluation
Since evaluating the success of a public education campaign is somewhat hard to delinc, success
will be measured by assessing the number of'defined program tasks completed and reported by the
responsible party in the designated year of completion. For a detailed outline ofineasurable tasks
refer to section 7.1.1.
=13=

7.2 Public Involvement and Participation
The Fnvironmcntal Protection Agency (EPA) believes that the public can provide valuable input and
assistance to a regulated small MS4's municipal stormwater management program and, therefore,
suggests that the public be given opportunities to play an active role in both the development and
implementation of the program. An active and involved community is crucial to the success ofa
stormwater management program because it allows for:
• Broader' ptlhlic suj)porl since citizens who participate in the development and decision making
process arc partially responsible for the program and, therefore, may be less likely to raise legal
challenges to the program and more likely to take an active role in its implementation;
• .51101'le7• M11)1 117enfafion .schedules due to fewer obstacles in the form of public and legal
challenges and increased resources in the form of citizen volunteers;
+ A broader horse of expel"I7se and econontic henefils since the community can be a valuable, and
tree, intellectual resource; and
• Con(luils to other programs as citizens involved in the stormwater program development process
provide important cross -connections and relationships with other community and government
programs. This benefit is particularly valuable when trying to implement a stormwater program
on a watershed basis, as encouraged by EPA.
'Co satisfy this minimum control measure, the operator of regulated small MS4 must:
• Comply with applicable State, Tribal, and local public notice requirements; and
• Determine the appropriate best management practices (13MPs) and measurable goals for this
minimum control measure.
7.2.1 BM1' Summary Table
YR
YR
YR
YR
YR
BMP
MEASURABLE GOALS
1
2
3
4
5
(a) Administer a Public
Develop and implement a Public
X
X
X
X
X
Involvement Program
Involvement and Participation Program
(b) Allow the public an
Conduct at least one public meeting to
X
opportunity to review and
allow the public an opportunity to
comment on the
review and comment on the Stormwater
Stormwater Plan
Plan.
(c) Organize a volunteer
Organize and implement a volunteer
X
X
X
X
X
community involvement
stormwater related program designed
program
to promote ongoing citizen participation
(d) Establish a Citizens'
Maintains a citizens' group(s) for input
X
X
X
X
X
Group (s)
on stormwater issues and the
stormwater program.
7.2.2 Target Audience
The City of Newton aspires to reach a diverse population with its public involvement campaign.
Targeted groups include residential property owners, commercial and industrial business owners;
=14=

school aged children as well as community/civic leaders. 'These groups are being targeted for
public involvement to increase their understanding of the importance of'clean water by directly
involving them in water protection projects. The City also aspires to increase civic pride among
the general public by promoting the quality of life benefits associated with maintaining a clean
environment free ofpollution and debris.
7.2.3 Participation Audience
Available Resources
Earth Day
The Newton Parks and Recreation Department recognizes the celebration of Earth Day each year
by planting a tree in one of'City's park facilities.
City-wide Clean -Up „Event
]Every April, the City of Newton Appearance Commission sponsors a city-wide clean up event to
encourage Newton residents to help clean-up the City.
City Participation on Committees
The City of Newton currently seeks citizen input by asking residents to serve on various city
committees. To date the City sponsors seven committees. They include: the Appearance
Commission, Downtown Newton Development Association, Festival and Events Committee, Off -
Street Parking Committee, Parks and Recreation Commission; and the Police Advisory Board.
Household Hazardous Material Collection Day
Each spring Catawba County sets up collection sites throughout the county for the sale disposal of'
household waste including lawn and garden pesticides and fertilizers, paint and paint thinner, anti-
freeze, brake fluid, gasoline and oil mixtures. Newton residents are encouraged to dispose of their
household waste at one of the county collection sites on the appropriate day.
While the City of Newton does not currently conduct a Household Hazardous Collection Day,
they do promote and encourage city residents to participate in the Household Hazardous Material
Collection Day sponsored by the county by advertising the event in the quarterly newsletter, on
the city's web -site and in the local newspaper as part of the City's monthly com1mInity update.
Involvement Plan
Stormwater Advisory Board
Tcir,;el Audlence: InipciCled Slakeholders
The City established the Planning Commission as a Stormwater Advisory Board. The Stormwater
Advisory Board purpose is to oversee the development and implementation of stormwatcr related
ordinances, programs, and other items needed to implement the City's Stormwater Program.
Report the number ofImeetings held.
=15=

City-wide Clean -Up Evcnt
Tcirgel Audience: General Public
Work with area community groups and other city departments to plan and organize a volunteer
driven city-wide clean -Up event to promote Water quality and over-all cnvlromnental awareness.
Report on the type of'projects completed and number of participants.
Mark Storm_ Inlets with Environmental Messa€res
T(irge! Audience: C'ify Emj)loj�ees and the General Public
Coordinate City Staff and Volunteers to mark storm inlets with environmental messages. Report
number of drains marked.
Earth Dav Celebration
Target Audience: General I'rrhlic
Partner with City's Parks and Recreation Department to plan and organize a City sponsored event
to celebrate Earth Day on an annual basis. Report annually on the types ofinformation
disseminated and activities conducted.
7.2.4 Decision Process
The City aspires to involve as many people in its Stormwater Management Program as feasibly
possible. To accomplish this goal; City leaders plan to host a broad range of activities involving
all potentially affected stakeholder groups including residents, business/industry owners, school
children, etc...). Since individuals desire different levels ofcornmunity involvement, activities
requiring dilrerent levels of involvement are being addressed in the City's Public Involvement
Program,
7.2.5 Evaluation
Program success will be evaluated by assessing the number of defined program tasks completed
by the responsible party in the designated year ofcompletion. Tasks completion will be directly
tied to the responsible party's annual performance review to ensure timely completion. For a
detailed outline of measurable tasks refer to section 7.2.1.
The City intends to document the number of individuals and groups participating in its Public
Involvement Program each year and report the data annually to the State.
7.3 Illicit Discharge Detection and Elimination
To eliminate illicit discharges into the City's storm sewer system, the City of Newton will be
required to administer a strategy to detect and eliminate such discharges. An illicit discharge has
been defined by the EPA as "any discharge into a separate storm sewer system that is not
composed entirely of stormwater". 'Typically, illicit discharges enter a storm sewer system either
through direct connections, e.g., sanitary sewer piping, or indirectly fi-om cracked sanitary sewer
=16=

conveyance systems, spills collected by storm drains, or from contaminants dumped directly into a
sewer inlet. The following are typical examples of illicit discharges:
• Sanitary wastewater
• Effluent from septic tanks
• Laundry wastewater
• Commercial car wash discharges
• Improper disposal of household or automotive toxics
• Spills from roadway accidents
Pollutants from these sources can include heavy metals, toxics, oils and grease, solvents, nutrients,
viruses, and harmful bacteria. Substantial levels of these contaminants can damage fish and
wildlife habitats, decrease aesthetic value, and more importantly threaten public health due to
contaminated food and drinking water supplies.
Yo comply with NPDES Phase 11 program requirements, the City will be required to address the
following requirements:
• Maintain a storm sewer map illustrating the location of all storm sewer outIalls and the
names and location of all waters of the United States that receive discharges from these
outfalIs.
• Prohibit the discharge of non-stormwater discharges into the City's storm sewer system
through the enforcement of the Illicit Discharge Ordinance which was effective July 1,
2007.
• Administer a plan to detect and address non-stormwater discharges, including illegal
dumping.
• Educate public employees, businesses, and the general public regarding the impacts
associated with illegal discharges and the improper disposal ofwaste.
7.3.1 IMP Summary Table
YR
YR
YR
YR
YR
BMP
MEASURABLE GOALS
1
2
3
4
5
(a) Administer an Illicit
Administer an Illicit Discharge Detection
X
X
X
X
X
Discharge Detection and
and Elimination Program. Include
Elimination Program
provisions for program assessment and
evaluation.
(b) Maintain appropriate
Maintain adequate legal authorities to
X
X
X
X
X
legal authorities
prohibit illicit discharges and enforce
the approved Illicit Discharge Detection
and Elimination Program
(c) Maintain a Storm
Identify outfall locations and map
X
X
X
X
X
Sewer System Base
stormwater drainage system
Map
components. At a minimum, mapping
components includes outfalls, drainage
areas, and receiving streams.
=17=

YR
YR
YR
YR
YR
BMP
MEASURABLE GOALS
1
2
3
4
5
(d) Administer illicit
Administer an inspection program to
X
X
X
X
X
discharge detection
detect dry weather flows at system
procedures
outfalls. Use procedures for tracing the
sources of illicit discharges and for
removing the sources. Develop
procedures for identification of priority
areas likely to have illicit discharges.
Continue to identify, locate, and update
map of drainage system components
on a priority basis per approved Illicit
Discharge Program.
(e) Conduct employee
Conduct training for city staff on
X
X
X
X
X
cross -training
detecting and reporting illicit
discharges.
(f) Provide public
Inform public employees, businesses,
X
X
X
X
X
education
and the general public of hazards
associated with illegal discharges and
improper disposal of waste.
(g) Administer a public
Administer and publicize a reporting
X
X
X
X
X
reporting mechanism
mechanism for the public to report illicit
discharges.
7.3.2 Storm Sewer System Map
One of the major tasks associated with this minimum control measure is maintaining a map of the
City's regulated MS4 outfalls. The City of Newton has a comprehensive map of the City's storm
sewer system or the regulated outfalls, as result of the system mapping completed during the
initial permit cycle.
The inventory of the City's outfalls will help the City gain awareness of their system and the
location of the discharge points. EPA recommends collecting all available existing information
that may include outfall locations such as City records, construction plans, and drainage studies
and then field verifying their locations. In order to obtain a comprehensive reap ofthe City's
outfalls, it will be necessary to walk the jurisdictional waterways and locate outfalls by visual
observation.
A storm sewer system rnap will be developed that shows the location of all regulated outfalls and
the names and location ofall receiving waters. These outfalls will be located and verified in the
field using GPS technology. The map will be regularly updated when new outlalls are located,
either through identification by City staff or through as -built submittals from developers.
7.3.3 Regulatory Mechanism
The City adopted an Illicit Discharge Ordinance to address illicit discharges and connections.
This ordinance includes language that specifically relates to the requirements of the NPDES MS4
permit such as:
Findings of fact
Objectives
Prohibitions
=18=

• Notification ofspills and violations
• Requirements for monitoring
• Inspections
• Penalties
7.3.4 Enforcement
The illicit discharge ordinance mentioned above will be enforced to ensure that illicit discharges or
connections are eliminated. This ordinance requires that violators address illicit connections
within a certain time frame or they will face penalties..
7.3.5 Detection and Elimination
The City of Newton has developed a program to detect and eliminate illicit discharges. In order to
detect non -stormwater discharges, the City has developed a program and methodology for
identilication of these discharges. EPA has determined that after a 72-hour time period of'no
rainfall, any discharge from a municipal separate storm sewer may be non-stormwater related.
"Therefore, unless the discharge is exempt from the regulation, i.e. irrigation water, water line
flushing, or residential car washing, the discharge is considered an illicit. In order to determine
the source ol'the discharge, grab sampling must be performed during dry weather conditions.
Regulated communities are then required to analyze the constituents in the sample in order to
determine the source of the discharge and to eliminate the contaminant if it is an illicit connection
or discharge.
The known locations of the City's outfalls have been mapped using GPS technology linked to a
Geographical Information System (GIS) database. Attributes of individual outfalls such as shape,
type, size, and conditions will be recorded digitally as the outfalls are located. This data will then
be incorporated into the City's GIS.
The following sections include procedures and guidelines for tracking potential illicit discharges.
These procedures and guidelines are used, but may be changed based on actual field experiences
and the needs of the City of Newton.
7.3.5.1 Procedures for Location of Priority Areas
_Sanitary Sewer Issues
One of the most common and easily detectable types of illicit discharge is domestic wastewater.
Discharge from a cracked sewer line or a cross connection is usually associated with extremely
unpleasant odors and contains evidence that the common citizen will recognize. Therefore, unlike
other illicits, detection of this type ofdischarge does not generally require sampling for positive
identification. However, wastewater illicits are a recurring problem. Despite proper design and
construction techniques, leaks will continue to occur due to old infrastructure, erosion, and
numerous other means. The City ol'Newton. like virtually every other municipal wastewater
system, has experienced some minor problems.
The City ol'Ncwton has taken steps to alleviate inflow and infiltration (W) into the wastewater
system. Although inflow to the system does not affect the quality oi'surlace runoff. cracks that
allow inflow will also allow outflow should portions of the system become backed up or
completely full. "Therefore, cracks in the sewer system increase treatment costs due to the
=19=

treatment of stormwater, decrease overall plant capacity, and have the potential to endanger the
quality of'surfacc waters. W study ofthe system have occurred to identify issues. The City is
proactively replacing and repairing older sanitary sewer lines that have greatly reduced the number
of overflows. The City has in place a notification policy for any sanitary sewer spill or overflow.
Each spill that reaches surface waters ofthe State must be reported to the State. Field crews take
special care around sanitary sewer crossings to identify any possible illicit discharges.
7.3.5.2 Procedures for Tracing Illicits
Outfall Inventory/ Mapping
The City collects data on all existing outfalls as they are discovered. The inventory includes
attributing it for the following: Inspection date and time, site description, outfall size and material,
discharge color, discharge odor; presence and type of lloatables. discharge turbidity,
deposits/stains. vegetative condition, presence or absence of flow.
Dry Weather Screening Procedures
The inventoried outfalls will serve as the basis for identifying the field screening areas. Dry
weather screening only takes place greater than seventy-two hours after a storm event greater than
0.1 inches. The National Weather Service Stations should be consulted for rainfall quantities in
the area, along with local weather reports and rain gauges placed near the areas to be screened.
Only major outfalls with observed dry weather flow are required to be sampled. The status of
Bowing outfalls should be integrated into the GIS outfall coverage.
Once an outfall is found to have a dry weather discharge, additional measures must be taken to
determine whether the discharge is illicit.
Illicit Connection Investigative Procedures
The illicit connections program is composed of a set of investigative procedures to determine 11'a
dry weather discharge is illicit and, if -so, how to deal with it. Below is an overview ofthc illicit
discharge investigation procedures that will be used by the City.
1. Check each outfall for dry weather flow. Upon finding dry weather discharge or other
evidence ofan illicit discharge (i.e. odor, discoloration of surrounding area, etc.) perform a
visual inspection looking for those items listed below. Also check for odor, flow depth and
flow quantity.
2. Perform field testing for water temperature and pH and obtain a sufficient sample to test
for total chlorine, detergents/surfactants, phenols and copper. The site should be sampled,
again no less than four hours later, but no more than 24 hours later.
3. If, upon returning 11or the second sample, there is no flow, note as such and return the
following day. After three "no flow" conditions, and lacking additional evidence ofan
illicit discharge the outfall may be removed from the potential illicit discharge list.
4. If flow continues on the second day, record the data in the Potential Illicit Discharge
database.
5. Begin walking the contributing system upstream until flow is no longer found.
6. Check the watershed for facilities that may contribute the identified parameters found in
steps 1 and 2 to determine a list of potentiai sources of the dry weather flow.
7. Inspect suspected facilities for potential illicit connections.
=2a=

8. Notify owner of the facility of the potential violation, identify steps to be taken, and
establish schedule for removal.
9. Perform a follow-up investigation at the site to ensure that the illicit has been removed.
Visual Inspection Investigation
The initial investigation is based on visual inspection, including:
• Odor
The odor of stormwater discharges will vary widely. Odor can be a good indicator ofthe
type ofpollutant in the water. For instance, storrnwater discharges may smcll like sewage,
oil, gasoline, or may contain a chemical smell. Decomposition of organic materials can
also cause a distinctive sulfur odor. Odors may vary greatly with changes in temperature
and time of year.
• Color
Color can also be an important factor in determining the source of an illicit discharge. The
particular color should be noted and tracked upstream as far as possible. Sewage will
typically have a gray or brown color, whereas industrial wastes may have a variety of
colors.
Turbidity
Turbidity is a measure of the amount of suspended matter in the water and affects the
clarity of the discharge. Discharges from industrial facilities arc often highly turbid.
Although erosion can also create highly turbid water, this should not be the case during dry
weather flows.' Each inspection should note the relative degree of turbidity.
• Floatables
Floatables are solids and liquids that float on the surface of the water. Floatablcs may
include substances such as animal fats, flood products, trash, oils, plant materials, solvents,
foams, or gasoline. Floatables can often lead directly to the manufacturing process or other
source of the illicit discharge. A full description of the type and quantity ofthe floatables
and a photograph ofthe discharge should be included in the report.
• Residue
Residue left on the conveyance system can be an indicator of an illicit discharge.
Discoloration ofthe pipe or channel should be tracked upstream. It is also important to
note the location ofthe discoloration or stain within the conveyance system.
• Ve ,et, ation
Vegetation growing in the immediate discharge area should be noted in relation to
vegetation growing in the general vicinity of the outlet. Certain discharges can cause
substantial changes in plant growth. Discharges containing a high nutrient content may
cause increased growth while discharges with severe changes in pl-I may cause a decrease
=21=

in growth. Although vegetation patterns may serve as an indicator of non-stornnvater
discharges, they are also difficult to interpret. Time ofyear, rainfall patterns, exposure to
sun all affect plant growth and may be contributing factors to the changes in vegetation
patterns. Caution should be used when considering vegetation as an indicator of an illicit
discharge.
• Structural Damaee
Dike residue, structural damage to the conveyance system can also be an indicator ofan
illicit discharge. Structural damage is typically more noticeable in concrete pipes. Acidic
discharges may cause cracking, spalting, or deterioration of the concrete. The location of
the damage within the pipe and the distance upstream will be important in determining the
type ofpollutant and the source of the discharge.
Field Testing Investigation
In addition to visual inspection, field testing investigation may be performed to determine the
source of the illicit discharge. Field testing should be done for the following characteristics:
• Temperature
Water temperature that varies greatly from the ambient air temperature is a good indicator
that there is an illicit discharge to the system.
• pH
The normal pH of stormwater typically ranges from 6 to 7.5 Values outside of this range
are an indicator of an illicit discharge. Water with values of 3 to 6 are acidic and may
indicate discharges from textile mills; pharmaceutical manufacturers, metal fabricators and
companies that produce resins, fertilizers, or pesticides. Wastes containing sulfuric,
hydrochloric; or nitric acids are a common source ofcontamination. Water with values of
8 to 12 may indicate discharges from industries such as the following: textile mills, metal
plating facilities, steel mills, and producers of rubber and plastic. Wash water used to
clean floors and industrial machinery may also produce alkaline wastewater.
• Copper
Elevated levels ofcopper may indicate discharges from cooling, boiler, or industrial re-
circulation systems. Copper sulfate is typically used as an algaecide in all of'thcse
systems. Copper can also be an indicator of discharges from an automobile manufacturing
or maintenance facility.
• Phenols
Elevated levels of'phenols may indicate industrial wastewater discharges. Caution should
be exercised, however, since phenols may also be present in other waste streams. Phenols
Should be considered in relation to other parameters in determining the potential source.
Su rfactants/Detergents

Typically, the presence ofsur-factants and detergents will indicate a connection to either an
automobile wash facility or a laundry facility. High surfactants/detergents and elevated
temperatures arc a good indicator of laundry facilities. Lower levels of'
surfactants/detergents may indicate a connection to a residential laundry or industrial
facility.
• Chlorine
The absence ofchlorine may indicate a natural water source. However, due to chlorine's
ability to quickly dissipate, caution should be used when making judgments based on its
absence. Generally, only potable water sources will contain chlorine. Therclore, the
presence of chlorine insures that the source is not a natural water source. Very high levels
of'chlorinc typically indicate connection to a swimming pool.
Using the results ofthe visual and field testing investigation, likely sources ofthe illicit discharge
can be identified. Typically, illicit discharges and connections arc from either wash water or
sanitary sewer sources. The investigator will work upstream looking for the connections.
Additional testing may be required at upstream points and testing of additional parameters may
also be necessary to further identify the actual source. Other investigative methods that may be
used include dyc testing, smoke testing; and in -pipe cameras.
Illicit connections may be verified by performing an on -site inspection. When on -site inspections
are performed, the inspection should be fully documented and photographs of the connection and
facility should be taken when feasible. After a potential source is identified, testing should be
conducted immediately upstream to insure that there are not multiple sources ofthe discharge.
7.3.5.3 Procedures for Removing Illicits
Upon identification of the source of the illicit discharge or illegal dumping, the responsible party
will be notified to cease the improper practices. All appropriate regulatory agencies will be
notified ofthe discharge. The violator may be fined in accordance with the adopted ordinance and
will be given a designated period of time to eliminate the illicit connection by either:
(a) rerouting the flow to the sanitary sewer (if appropriate),
(b) constructing on -site treatment facilities,
(c) permitting the connection (if'applicable), or
(d) removing the source of the illicit discharge.
During the designated period inspections may be conducted to verify compliance with the order to
cease and desist further discharges and any clean up procedures required to mitigate damages
caused by the discharge.
7.3.5.4 Procedures for Plan Evaluation
A debriefing will be held after the first drainage area is complete to discuss procedures and
policies associated with the detection and elimination process. Results of the investigation will be
evaluated and the process will be revised as necessary. The types of illicit connections bond will
also be considered to determine the next highest priority watershed. For example, if' it is found
that the majority of illicit connections come from a particular type of lacility, the watershed with
=23=

the highest concentration ofthat type offacility will be investigated next. A debriefing; will be
conducted of -ter each watershed investigation is concluded. Additional meetings will be held, and
changes to the process will be made as appropriate.
7.3.6 Non-Stormwater Discharges
Some categories of'non-stormwatcr discharges include water line Bushing, landscape irrigation,
diverted stream flows, rising ground waters, uncontaminated ground water infiltration,
uncontaminated pumped ground water, discharges from potable water sources, foundation drains,
air conditioning condensation, irrigation water, springs, water from crawl space pumps. footing;
drains, lawn watering, residential car washing, flows from riparian habitats and wetlands,
dcchlorinated swimming pool discharges, and street wash water. "These categories ofdischarges
are not presently seen as significant contributors of pollutants to the MS4 system and therefore
will not be addressed.
7.3.7 Other Incidental Non-Stormwater Discharges
Based on available information, there are no other incidental non -storm water discharges that are
contributing; significant amounts of pollutants to the MS4.
7.3.8 Outreach
Improve Illicit F.dueation Efforts
The City will also be required to educate their citizens on the potential harms associated with the
Illegal dumping of illicits. The City will distribute literature on the detrimental effects of many
household toxics. Citizens will be made aware of what can and can't be dumped into the storm
sewer system. Representatives ofthe cities business community will also be informed using
educational ideas discussed in the Public Education section. Efforts such as this will help meet the
illicit discharge education requirements, and will correlate with minimum measures I and 2.
Stormwater Management Guide for Susceptible Businesses
Certain industries are susceptible to producing illicit discharges. A stormwater management
guide, tailored to these industries, will be produced and distributed to appropriate businesses
operating within the City (See Public Education minimum measure).
7.3.9 Decision Process
The City of Newton does not know the location of regulated outfalls within their jurisdictional
area. Therefore, it is the goal ol'City leaders to identify these outfalls and in turn identify, track
and disconnect any illicit discharges to the MS4. In addition, the public will be educated about
illicit discharges and their impact on water quality in Newton.
The illicit discharge detection and elimination process described previously is based on EPA
guidance and processes and procedures being used successfully in other communities. "The
process allows for a timely and efficient gathering of information within each watershed and
provides documentation of potential discharges, facilities cited and actions taken. The debriefing
meetings held at the end of each drainage area investigation allows for further refinement of the
system.
=24=

These are three basic reasons why illicit connections have been made to the system. These three
reasons are discussed below.
I . The person responsible for the discharge is unaware that it is happening. For cxample, a
sanitary sewer leak.
2. The person responsible for the discharge is aware of the discharge, but is unaware that it is
unacceptable.
3. The person responsible for the discharge is aware that the discharge is occurring and is
aware that it is unacceptable.
The first two reasons for illicit discharges will be addressed through education efforts and
interagency cooperation. Regular inspections of each drainage area will also help to reduce the
number of connections. Generally, reduction in the number ofdischarges associated with the third
type listed above will only be reduced through aggressive inspection and enforcement activities.
7.3.10 Evaluation
The overall goal for this minimum measure is the identification and removal ofillicit connections
that are negatively affecting water quality in the City of Newton. In order to meet this goal, the
storm sewer map with all regulated outfalls located must be completed, The completion ol'this
map will form one measure of the progratn's success. The success of this minimum measure can
also be measured through the number of illicit connections that arc identified and addressed. See
the BMP Summary `fable located in Section 7.3.1. for more information.
7.4 Construction Site Stormwater Runoff Control
All property located within the City of Newton and its ETJ is regulated by the City ofNewton's
Soil Erosion and Sedimentation Control Ordinance. The Ordinance was adopted October 3, 2000.
This Ordinance meets the minimum requirements as set forth by the North Carolina Department of'
Environment and Natural Resources, which approved the Ordinance. This Ordinance regulates all
private sector land -disturbing activities with the exception of public sector and utilities such as
electric, natural gas, etc., which are regulated by the North Carolina Department of'Natural
Resources.
The City of Newton Planning Department is the local enforcement agency for the Soil Erosion
Sedimentation Control Program. The program requires permits for all land -disturbing activities
over 20,000 square feet of disturbed area with detailed plans being required or areas over one acre.
Thcse detailed plans are required to be prepared by or under the direction ofa professional
engineer, professional land surveyor, registered architect, or registered landscape architect. Each
Soil Erosion and Sedimentation Control Plan must be site -specific, taking in account the unique
characteristics. Guidance from the Plan comes from the North Carolina Erosion and
Sedimentation Control Planning and Design Manual, a reference developed by the North Carolina
Sedimentation Control Commission. This is used during plan preparation, review, and
implementation and enforcement to minimize effects of erosion and sedimentation control on
surrounding land, water bodies, and the ecosystem.
=25=

7.4.1 BMP Summary Table
YR
YR
YR
YR
YR
1
2
3
4
5
BMP
MEASURABLE GOALS
(a) Implement a program
Develop a regulatory mechanism and
X
X
X
X
X
and establish a
implement a program requiring erosion
regulatory mechanism
and sediment controls at construction
for erosion and sediment
sites and providing for sanctions to
control
ensure compliance. Instead of
originating a new program, the
permittee may elect to comply by
relying on the NCDENR Division of
Land Resources (DLR) Erosion and
Sediment Control Program, either as
administered by the DLR, or as
delegated by the Sedimentation Control
Commission (SCC) to another entity
with appropriate jurisdiction, including
the permittee. The permittee may rely
on the DLR program only to the extent
that that program satisfies all of the
following BMPs.
(b) Enforce
Require construction site operators to
X
X
X
X
X
requirements on
implement erosion and sediment
construction site
control BMPs and to control
operators
construction site wastes that may
cause adverse water quality impacts.
(c) Provide educational
New materials may be developed by
X
X
X
X
X
and training materials for
the permittee, or the permittee may use
construction site
materials adopted from other programs
operators
and adapted to the permitee's
construction. runoff controls program,
(d) Institute plan review
Review construction plans and
X
X
X
X
X
establish procedures that incorporate
water quality considerations in
construction site plan reviews.
(e) Administer public
Establish procedures for receipt and
X
X
X
X
X
information procedures
consideration of erosion and
sedimentation information submitted by
the public. Publicize the procedures
and contact information. The
procedures must lead directly to a site
inspection or other timely follow-up
action.
(f) Establish inspection
Establish procedures for site inspection
X
X
X
X
X
and enforcement
and enforcement of control measure
procedures
requirements. The procedures should
include prioritizing areas of inspections
based on local criteria.
7.5 Post -Construction Stormwater Management in New Development and Redevelopment
Post -construction Stormwater management is necessary because runofffirorn areas undergoing
development and redevelopment has significantly impacted receiving water bodies. "['his impact
typically occurs in two forms. The first impact is due to an increase in the type and quantity of
=26=

Pollutants in stormwatcr runoff. As water flows over these sites, it transports harmful
contaminants such as oil and grease, pesticides, heavy metals, and various nutrients, (e.g., nitrogen
and phosphorous). These pollutants become suspended in the runoff and are conveyed to
receiving water bodies, such as lakes and creeks.
The second post -construction runoff impact typically occurs as a result of increased stormwatcr
runoffrates and volume due to an increase in impervious surfaces. This increase in runoff has not
only been shown to interrupt the natural water balance of percolation into the ground, but also
impact the receiving water body through stream bank scouring and downstream flooding.
The NPDES Phase I program required that the City of Newton address the following
requirements:
+ Develop, implement and enforce a program to manage post -construction discharges to the
MSA from new development or redevelopment project that disturb greater than or equal to
one acre
• Develop and implement a combination of both structural and non-structural BMPs
• Create an ordinance or regulatory program that requires the use of post construction runoff
controls
• Ensure adequate long-term operation and maintenance of the controls
The post construction program developed by the City of Newton was in place on July I, 2007.
7.5.1 Stormwater Management Options
The City of Newton's post -construction program applies to all new development projects that
cumulatively disturb one acre or more, and to projects less than an acre that are part ofa larger
common plan of development or sale. The program also applies to all redevelopment projects that
cumulatively disturb'onc acre or more and to projects less than one acre that are part ofa larger
common part of development or sale. The projects must apply for permit coverage as a low or
high -density project.
7.5.1.1 Low Density Project
The City's Stormwater Ordinance, which was based on the State's Model Ordinance, considers a
project a low -density project if development or redevelopment had no more than two dwelling
units per acre or 24 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
Lis the project meets or exceeds the post -construction model practices for low -density projects and
locates the higher density in upland areas and away from surface waters and drainage ways to the
maximum extent practicable.
7.5.1.2 High Density Project
The City's Stormwater Ordinance, which was based on the StatCs Model Ordinance, considers a
project a High -density project if the development or redevelopment exceeds the low -density
threshold for dwelling units per acre or built -upon area.
=27=

7.5.2 Operation and Maintenance
In order for the post -construction program to be successful, an operation and maintenance
component must be developed that ensures the long-term operation of required structural BMPs.
A requirement will be developed as part ofthe post -construction ordinance that requires owners of
permitted structural BMPs to submit an annual maintenance inspection report on each structure.
The requirement specifies that the inspections must be conducted by qualified prof-essionals and
that the inspection report must be signed and certified by the owner. Failure to comply with this
requirement will result in penalties adopted as part of the post -construction ordinance.
7.5.3 Control of Fecal Coliforms
Water polluted by human or animal waste can harbor numerous pathogens that may threaten
human health. Since routine tests for individual pathogens are not practical, fecal coliform
bacteria are widely used as an indicator of the potential presence of disease -causing
microorganisms. Fecal coli forms are bacteria typically associated with the intestinal tract of
warm-blooded animals and their number is generally assumed to be correlated with the number of
pathogens in a water sample. They enter surface waters from a number ofsourccs including
failing on -site wastewater systems, broken sewer lines, improperly treated discharges of domestic
wastewater, improperly designed or managed animal waste facilities, and wild animals.
Several general management strategics for addressing fecal coliform contamination include:
Maintenance and repair of sanitary sewer lines.
Elimination of piped unpermitted discharges of home waste (also known as "straight
piping").
Encouragement of local health departments to routinely monitor waters known to be used
for body contact recreation (e.g., swimming and tubing).
There are no water bodies impaired for fecal coli forms within the City of Newton. However,
septic tanks are used in the City outside of the service area of the wastewater treatment plant.
Within Catawba County, the Catawba County Environmental Health Division is responsible for
permitting new septic tanks within the County, and also for issuing repair permits to repair or
replace existing septic systems. The County also performs regular well testing and has detected
no problems.with fecal contamination in the groundwater.
The City of Newton is consistently searching for funding opportunities through grants to connect
more residents to the sanitary sewer system and reduce the need for septic tank use. In addition,
the City's storm sewer overflow policy outlines policies and procedures in the event ofa sanitary
sewer spill to minimize impacts.
7.5.4 Additional Requirements for SA Waters
There are no SA waters within the Catawba basin. Therefore, these requirements do not apply to
the City ol' Newton.
7.5.5 Additional Requirements for Trout Waters
=28=

There are no designated trout (Tr) waters within the Catawba Basin. Therefore, these requirements
do not apply to the City of Newton.
7.5.6 Additional Requirements for Nutrient Sensitive Waters
"There are no Nutrient Sensitive Waters (NSW) within the Catawba basin. Therefore, these
requirements do not apply to the City of Newton.
7.5.7 Comprehensive Watershed Plans
The City of Newton plans to split the City into smaller management units (based on drainage
area). The areas will then be prioritized for investigation based on any identified water quality
impairments or heavily developing areas. The areas will then be evaluated separately to determine
the most effective BMPs (structural or non-structural) to be implemented in each area based on the
types of'development occurring and any water quality concerns.
According to the State's 2006 303(d) list. Clark Creek is impaired in several areas within Catawba
County. The cause of impairment is listed as hydro -modification, and the priority is low. The
waters are afleeted by pollution and therefore TVIDLS are not appropriate. The potential source
for the pollution is intentional channelization. The City of Newton will recognize these concerns
within each drainage area as needed.
7.5.8 BMP Summary Table
YR
YR
YR
YR
YR
1
2
3
4
5
BMP
MEASURABLE GOALS
(a) Maintain a Post-
Enforce and maintain a program to
X
X
X
X
X
Construction Stormwater
address stormwater runoff from new
Management Program
development and redevelopment.
(b) Use strategies which
Continue to provide a mechanism to
X
X
X
X
X
include BMP's
require long-term operation and
appropriate for the MS4
maintenance of structural BMPs.
Require annual inspection reports of
permitted structural BMPs performed by
a qualified professional,
(c) Maintain a program to
Control the sources of fecal coliform to
X
X
X
X
X
control the sources of
the maximum extend practicable.
fecal coliform to the
Develop and implement an oversight
maximum extent
program to ensure proper operation
practicable,
and maintenance of on -site wastewater
treatment systems for domestic
wastewater. Municipalities must
coordinate this program with the county
health department.
7.5.9 Non -Structural BMPs
Non-structural BMPs are management measures that prevent degradation of water resources at the
source, rather than treating runoff that has already been polluted. Non-structural practices can
=29=

include a variety of site -specific and regional practices, including street sweeping, illicit
connection location and elimination, public education and outreach, land use modifications to
minimize the amount of impervious surface area, waste collection, and proper materials storage.
While non-structural practices play an invaluable role in protecting surface walers, they are not as
easily quantified as structural 13MPs.
7.5.9.1 Policies and Ordinances
The City of Newton has been and will continue to explore the possibility of implementing a buffer
ordinance.
7.5.9.2 Policies and Ordinances to Encourage Infill Development and Redevelopment
The City of Newton currently uses its zoning and subdivision ordinances as well as its utility
extension policy to influence where development occurs. It is anticipated that the City will review
its ordinances and policies to determine their effectiveness in encouraging infill development and
redevelopment, and will adjust or amend them to more adequately address stormwatcr control
issues related to development.
7.5.9.3 Education Programs
An important piece in the post -construction program is training for developers. Since they will be
the affected by the these new post -construction regulations, it is imperative that the have a good
understanding of what will be required as a result of the post -construction ordinance.
7.59.4 Other Measures
The City of Newton Fire Department is the first respondent to a hazardous materials spill. All Fire
Department staff members are trained to the Operations level for spill response. The
Department's policy states that any spill over 5 gallons must be reported to the Catawba County
Emergency Management Team, which has a mobile response unit that is kept at various fire
stations throughout the County. The Catawba County Emergency Management Team is backed
Lip by the Regional Response Team, located in "Thomasville. Since most spills are due to roadway
accidents, hazardous materials commonly end up in the storm sewer system. The Department is
responsible for keeping the material from spreading to additional areas or to nearby storm drains.
The Fire Department owns a truck will booms, bails, and absorbents, which can be used for the
Plugging and dyking of Icaks. All of these measures help ensure that hazardous materials do not
infiltrate the storm drainage systems in the City.
7.5.10 Structural BMPs
Structural BMl's are physical structures designed to remove pollutants from stormwatcr runoff;
reduce downstream erosion, provide flood control, and promote groundwater recharge. Structural
BM11's differ from non-structural BMPs in that they include engineering design and construction.
it is anticipated that BMPs will include wet detention ponds, wet extended detention ponds,
stormwater wetlands, shallow wetlands, pondAvetland systems, bio-retention areas, sand filters,
infiltration trenches, and enhanced dry swales. The City adopted the State's 13MP Manual for
developers to use in the creation of a stormwater management plan for their site. The City will
make revisions to this document as necessary to suit the city's unique development needs.
7.5.11 Natural Resource Protection
=30=

The City of Newton through its ordinances and development processes encourages the protection
ol'streams, rivers, and other water bodies; natural areas; flood plain; wetlands; and other natural
resources. The City will continue to make strides to increase its level of'proteclion ofnatural
resources as opportunities presents themselves.
7.5.12 Open Space Protection
'['he City of Newton through its ordinances and development processes requires the dedication of
open space. Where and when the dedication of open space is not feasible or practical, the City's
ordinances contain provisions to allow for fees to be paid in lieu of land dedication. These fees
may be used to acquire open space within the City.
7.5.13 Tree Preservation
The City of Newton does require the planting of trees and shrubs within parking lots and required
landscaped areas within developments. In addition the City requires that developers plant street
trees along new streets within subdivisions.
7.5.14 Mixed -Use Development
The City of Newton through its Zoning Ordinance allows for the creation ol'mixed-use
development. In addition to the City's commercial, office, and institutional zoning districts which
allows residential uses as permitted uses by right; the City also has a mixed -use planned
development zoning district. These provisions in the zoning ordinance offer developers flexibility
in being able to create mixed -use developments.
7.5.15 Street Design
The City of Newton requires new subdivisions to install streets with travel lane widths of 10 to 1
feet in width as oppose to the standard 12 to 13 feet. This reduces the width of the street, thus
reducing the amount of impervious surface. The City will consider adopting additional strategies
such as requiring shared driveways, reduced driveway widths, and other standards that will result
in less impervious surlaces.
7.5.16 Green Infrastructure Elements and Street Design
The City of Newton will consider integrating green infrastructure practices as a standard part of
future construction, maintenance and improvement plans as it feasible and effective.
7.5.17 Reduced Parking Requirements
The City of Newton will consider amending it zoning ordinance to have reduced parking
requirements in an effort to decreased the amount of impervious surface.
7.5.18 Transportation Demand Management Alternatives
The City of Newton will consider implementing measure that will allow developers to reduce the
amount of required parking spaces within developments and redevelopment when the developer
takes specific action to reduce the demand for on -site parking. Such action could include but
=31=

would not be limited to offering transit passes, van pool arrangements, and flexible work
schedules
7.5.19 Minimizing Stormwater from Parking Lots
']'he City of'Newton's Zoning Ordinance requires that parking lots include landscaping which
includes trees and shrubs. These landscaped areas can reduce the environmental impact of by
providing shade and, il'properly placed, will create natural barriers between pedestrians and cars.
7.5.20 Green Infrastructure Practices
The City ofNewton will consider implementing measures and practices that will encourage the
use of green infrastructure. Green infrastructure approaches have been proven to be more
effective and cost efficient than conventional stormwater management practice in many instances
and provide other substantial community benefits. The City will look at practices that are in place
that discourages or prohibits the use of green infrastructure. The City will explore the possibility
ofereating opportunities for developers to meet stormwater requirements in other ways, such as
off -site stormwater management within the same drainage basin or "fee in lieu" of programs for
situations where on -site stormwater management is not the most effective solution.
7.5.21 Regulatory Mechanism
The City ofNewton adopted ordinance to address post -construction runoff that became effective
July 1. 2007. The ordinance includes requirements for low and high density projects, operations
and maintenance requirements, and structural and non-structural 13MP requirements.
7.5.22 Operation and Maintenance of 13MPs
Long-term maintenance of 13MPs is essential for program success. Therefore, the City ofNewton,
as part of the post -construction ordinance, includes provisions for long-term operation and
maintenance plan for 13MPs.
7.5.23 Decision Process
NPDF.S Phase 11 requirements necessitated the development of a post -construction stormwater
management program for the City of Newton. The City adopted a post -construction ordinance
which became effective July 1, 2007.
An important part ofthis program will be training, both for City staffand for developers. Since
these regulations are new and many have had no experience with them, training will be needed to
ensure that all individuals affected by the new regulations have had sufficient training.
7.5.24 Evaluation
For a detailed outline of measurable tasks refer to section 7.5.8.
7.6 Pollution Prevention/Good Housekeeping for Municipal Operations
The final minimum measure required by the NPDIIS Phase II program involves the examination
and possible alteration of municipal operations for good housekeeping and pollution prevention
measures. This measure requires that municipalities evaluate their actions to ensure a reduction in
=32=

the amount and type of'pollution that accumulates on streets, parking lots, open spaces, and
storage and vehicle maintenance areas that discharge into local water bodies. In addition, this
measure requires an evaluation of results from land development actions that may contributes to
pollutants in stormwater runoff. "I'hc primary intent of the EPA with this measure is to improve
and protect water quality by altering the performance ohmunicipal operations. However. the EPA
also feels that this measure could also result in increased cost savings for municipalities through
proper and timely maintenance of storm sewer systems.
To comply with this control measure, the City will be required to address the following
requirements:
• Develop an operation and maintenance program with the objective of,preventing or
reducing pollutant runoff' from municipal operations into the City's storm sewer system
• Include training ol'City operations personnel on how to incorporate pollution
prevention/good housekeeping techniques into City operations. This could include park
and open space maintenance, fleet and building maintenance, new construction and land
disturbances, and stormwater system maintenance.
7.6.1 BMP Summary Table
YR
YR
YR
YR
YR
BMP
MEASURABLE GOALS
1
2
3
4
5
(a) Administer an
Adminster an operation and
X
X
X
X
X
operation and
maintenance program that has the
maintenance program
ultimate goal of preventing or reducing
pollutant runoff from municipal
operations.
(b) Inspection and
Maintain an inventory of all facilities and
X
X
X
X
X
evaluation of facilities,
operations owned and operated by the
operations, and the MS4
permittee with the potential for
system and associated
generating polluted stormwater runoff,
structural BMPs.
including the MS4 system and
associated structural BMPs. Inspect
potential sources of polluted runoff, the
stormwater controls, and conveyance
systems. Evaluate the sources,
document deficiencies, plan corrective
actions, and document the
accomplishment of corrective actions.
(c) Conduct staff training
Conduct staff training specific for
X
X
X
pollution prevention and good
housekeeping procedures.
(d) Review of
Conduct annual review of the industrial
X
X
X
X
X
municipality owned or
activities with a Phase I NPDES
operated regulated
stormwater permit owned and operated
industrial activities
by the permittee. Review the following
aspects: the Stormwater Pollution
Prevention Plan where one is required,
the timeliness of any monitoring reports
required by the Phase II permit, and the
results of inspections and subsequent
follow-up actions at the facilities.
=33=

7.6.2 Affected Operations
The City of Newton maintains National Pollutant Discharge Elimination System (NI'DEaS) permit
number NC036196 which covers treated effluent from the Clark Creek wastewater treatment
plant. The City also maintains NI'DES permit number NCGI 10033 for the Clark Creek
wastewater treatment plant facility and permit number NCG080669 for the public works Iaciiity.
Both of'these permits address storrnwater requirements specific to each facility.
7.6.3 Training
The City must adm inister a training program its staff regarding the importance of storm water
pollution prevention and good housekeeping. The Environmental Protection Agency (EPA)
recommends training for staff members who deal with parks and open space; the fleet maintenance
center, new construction and MS4 maintenance. Group programs will be presented to City staff
members regarding good housekeeping practices and procedures. In addition, resources and
materials from the EPA and North Carolina Department of Environment and Natural Resources
will be used where appropriate for training.
7.6.4 Maintenance and Inspections
Maintenance Facilities
The City currently recycles used motor oil and antifreeze from City fleet vehicles. Used batteries
are exchanged with a local vendor, tires are recycled and shredded at the landfill, and other
recyclables (plastic, cardboard, and paper) are collected by the City. A newly constructed vehicle
wash facility located at the Public Works maintenance lacility eliminates wash water entering the
storm drain system. Barrels are clearly marked and materials such as paint are stored in their own
separate location. Salt and sand piles are covered, and fueling stations are covered as well. 'These
measures all indicate that the City ofNewton has been proactive in adopting policies and practices
for municipal operations that benefit water quality in the community.
Street Sweeping and Washing
The goal of the City of'Newton's street sweeping program is to address both aesthetic and water
quality issues. The goal is accomplished by distributing various levels of'service throughout the
business and neighborhood community areas. The street -sweeper also has an attachment to clean
catch basins that can be utilized il'necdcd. Streets are washed as necessary to remove dirt and
debris.
Stormwater System Maintenance
The City of Newton does not currently have a formal program to clean storm sewer inlet structures
or pipes. The portion of the conveyance system that is maintained is within the City's right-of-
way. Currently, the infrastructure is maintained by the City's Street Department as problems are
reported by residents or noted in the field by City personnel. Typical maintenance includes
driveway culvert installation and clean out, ditch maintenance, catch basin repairs and clean out,
and headwall maintenance.
7.6.5 Vehicular Operations
=34=

As mentioned previously, the City recycles used oil, batteries and antifreeze from City -owned
vehicles.
7.6.6 Waste Disposal
Street sweepings that arc collected (grass and leaves) are taken to the landfill along with other
street litter. Wastes or fluid leaks from accidents or spills are picked up by disposal companies
that specialize in that type of waste collection. On the days that the sweepers finish after the
landfill closes, the sweepings that have been collected are either stored in a concrete bin at the
maintenance facility or are left in the sweeper. No sweepings or any other type of wastes are
stored on the ground at any time.
7.6.7 Flood Management Projects
Flooding is not a major concern in Newton.. in part due to the City's implementation of a Flood
Damage Prevention Ordinance and strict regulation of'development in Iloodplain areas. As a
result, the City has not and does not currently plan to construct any flood management projects.
7.6.8 Existing Ordinances
The City of Newton's Code of Ordinances contains several sections that relate in some way to
stormwater. 'These sections include: Chapter 13—Garbage. Refuse and Weeds, Chapter 22 —
Streets and Sidewalks. Chapter i 8A-Narks. and Chapter 25-Water and Sewers. In addition
Newton has in place a Storm Drain Policy. The Storm Drain Policy addresses many of the current
stormwater issues but will be evaluated to address Phase 11 requirements. As mentioned above,
the Flood Damage Prevention Ordinance regulates development within floodplain areas, and the
Sediment and Erosion Control Ordinance regulates runoff resulting from site development.
7.69 Other Evaluations
As a part ol'this evaluation, parks and recreation facilities will also be inspected to identify any
possible illicit discharges. Within the City parks, creeks are cleaned as needed and all employees
are licensed for pesticide/herbicide application.
7.6.10 Decision Process
The City of Newton realizes that implementing a successful stormwater quality program affects all
levels of municipal operations. "Therefore, City leaders are comet itted to devising and
implementing a Good Housekeeping/Pollution Prevention Program to address municipal
operations. City programs and operations will be evaluated, illicit discharges located on City -
owned properties will be identified and addressed if necessary, existing ordinances will be
evaluated and altered as needed, and necessary training will be provided for staff. See the 13MN
Summary "fable in Section 7.6.1 for more information.
7.6.11 Evaluation
As stated above, the 13MPs listed in the Pollution Prevention/Good Housekeeping BMP Summary
Table located in Section 7.6.1 will be evaluated annually for compliance. In addition, the number
of stafl'members trained annually will be submitted as part of the annual report. Also included in
the annual reports in the referenced year will be the maintenance programs developed for storm
drainage infrastructure and the number and types of'deliciencies corrected.
=35=

Appendix A
City of Newton, NC
r Stream Map
Stream System
Betts Branch
tL�
-_ - Bills Branch
oe
Clark Creek
-�Cline Creek
Henry Fork
Hildebran Creek
Jacob Fork
McLin Creek
Smyre Creek
South Fork
Town Creek
Other USGS Water Features
City Limits
i---..._..� ETJ
lac /
Jacoo t
e• �O �•/
. '•. r CAI • G'l
•~rr1.. _rss. S..aa\a.. �.. ��r �..•
CA
J
f ,
N
00
0 1,650 3,300 6,600 9,900 1-3,200
Feet

Appendix B
CITY 01" NEWTON
0RGA-N ZA7rl0NAL CHART
ill Im' "s NS
OF NEWF011
MAYOR AE)
t'ITY COUNC1
INDEPENDENT � I I IY
AUDITORS —H AI.CT.Y..Y
CITY ZIANAr" ER
AD M11T ISTRATION H AITId3 40 PUBLIC WORKS P AM AND
ECOtdt7REATI42d
FII'j,4 4CE HU1,Wl FIRE r'OFFCE
RESOURCES

�frf /�J il1 E �,� htiehael F. lade%, Governor
0I F9 y VE D Williani G. Ross Jr„ Secretary
t P i 5 EP 2 9 200 y
\O G �orlh Carolina I)cPzrtmcni of Iinvirunmenr and Natural Resources
NC 7Ji=i71. OF Era- tam' , Alan W, Klimek. P. E. Director
_ l4 Division of Water Quality
t wlrcrt� ` T Cg �' ColLen H. Sunins, bt:Puty Divector
11i',)ORt5YILL-E RZ3—iO AL UFF[CE Di%ision of Water Quality
STAFF REVIEW AND EVALUATION
NPDES Stormwater PerrWt
Facility Name:
NPDES Permit Number:
Facility Location:
Type of Activity:
j Receiving Stream:
River Basin:
Stream Classification:
Proposed Permit Requirements:
Compliance Schedule:
Basis for Monitoring:
Basis for Other Requirements:
Response Requested by (Date):
DOCUMENTS REVIEWED
City of Newton
NCS000397
City of Newton
Municipal Separate Storm Sewer System
Betts Branch, Bills Branch, Clark Creek, Cline Creek, Hildebran Creek,
Jacob Fork, McLin Creek, Smyre Creek, South Fork Catawba River,
Town Creek, Henry Fork and their tributaries
Catawaba River Basin
C, WS-III, WS-V
See attached draft permit
See Part V, Section A of the attached draft permit
Not applicable
Not applicable
October 8, 2004
NPDES Stormwater Permit Application Form
Narrative Application Supplement: Stormwater Management Program Report
Recommendation: Based on the documents reviewed, the application information submitted on March 5, 2003 is
sufficient to issue an Individual Stormwater Permit,
Prepared by (Signature)
Stormwater and General Permits Supervisor,(/
Concurrence by Regional Ofice
Water Quality Supervisor
Date 7
Z//Z'
Date
Date
NMEMR
N. C. Division of Water Qual'ny 160 [Nail Service Center Raleigh, North Carolina 27099-1617 [phone] Customer Service
1-877-623-6748

1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
■ e 0
k
•�
f
Z :1 �L
tl - SIN
Iev4
-m
THE HFJ4ftT OF CA7{sw8A CDSt'IY
NPDES Phase II
Stormwater
Management Plan
For submission to NCDENR
March 10, 2003

SEP 2 9 20041 ,n
TABLE OF CONTENTS NC DEPT. of 113W90SER,, ,�� �iq9-,•��, ,�
AND NATURAL
Qp�' I
1.0 Storm Sewer System Informatior RE8V1L1:iE Rt% ....................... " `�9 `3..{i1u1,,
1.1 Population Served........................................................................................................`?.;:r` .......
1
1,2 Growth Rate.......................................... ........................................................................................
1.3 Jurisdictional and MS4 Service Areas.........................................................................................
1.4 MS4 Conveyance System ............ ................ .................. ................... .................... ........ ....... I .................
`.�- <1.1
1.5 Land Use Composition Estimates......................,............................,..............................,................1`
1.6 Estimate Methodology...................................................................................................... ....1-2 ,1
1.7 TMDL Identification ........................... ...... ............................................................................... ........................ 1-2
2.0 Receiving Water Quality Programs................................................................................................................2-1
3.0 Existing Water Quality Programs ................... ................................................................................................ 3-1
3.1 Local Programs ......................... .......................................................................................... .............................. 3-1
3.2 State Programs.. ............................................................................................................................................ 3-1
4.0 Permitting Information ............................. .......... ...... .... ....... ............. ......................... ....... ............ ................... 4-1
4.1 Responsible Party Contact List ........... .... .................................. ............. .................... .................................... 4-1
4.2 Organizational Chart......................................................................................................................................4-2
4.3 Signing Official ..................................................... .............. ................ ............................................................
4-2
5.0 Co -Permitting Information ................... ...................................................................................................... .....
5-1
6.0 Reliance on Other Government Entity ....................................................... ....................................................
6-1
7.0 Stormwater Management Program....:...........................................................................................................7-1
7.1 Public Education and Outreach on Stormwater Impacts...............................................................................7-2
7.1.1 BMP Summary Table............................................................................................................................7-2
7.1.2 Target Audience....................................................................................................................................7-3
7.1.3 Target Pollutant Sources......................................................................................................................7-3
7.1.4 Outreach Program...............................................................................................................................7-4
7.1.5 Decision Process ...................... ............................................................................................................7-5
7.1.6 Evaluation.............................................................................................................................................7-6
7.2 Public Involvement and Participation.............................................................................................................7-6
7.2.1 BMP Summary Table............................................................................................................................7-7
7.2.2 Target Audience ............................................ ........................................................................................
7-7
7.2.3 Participation Audience .... ......................................... .............................................................................
7-7
7.2.4 Decision Process..................................................................................................................................
7-9
7.2.5 Evaluation.................................................................................................................. ..........................7-9
7.3 Illicit Discharge Detection and Elimination .... .... ............. ..............................................................................
7-10
7.3.1 BMP Summary Table ................... .......................................................................................................
7-10
7.3.2 Storm Sewer System Map..................................................................................................................7-11
7.3.3 Regulatory Mechanism.......................................................................................................................7-11
7.3.4 Enforcement ............. ................................. .......... ................................... .......... ........................ ...........
7-11
7.3.5 Detection and Elimination...................................................................................................................7-12
7.3.6 Non-Stormwater Discharges..............................................................................................................7-16
7.3.7 Other Incidental Nan-Stormwater Discharges ...................................... .......... .....................................
7-17
7.3.8 Outreach............................................................................................................... ......7-17
7.3.9 Decision Process ................................. ............................................ :..................................................
7-17
7.3.10 Evaluation.......................................................................................................................................7-17
7.4 Construction Site Stormwater Runoff Control..............................................................................................7-18
7.5 Post -Construction Stormwater Management in New Development and Redevelopment ...................... .....
.7-18
7.5.1 Stormwater Management Options......................................................................................................7-19
7.5.2 Operation and Maintenance... ................................ ............................................................................ 7-19
7.5.3 Control of Fecal Coliforms..................................................................................................................7-19
City of Newton, North Carolina
March 2003 Stormwater Management Program Report i

7.5.4
Additional Requirements for SA Waters ... ...........................................................................................
7-20
7.5.5
Additional Requirements for Trout Waters ....... ...................................................................................
7-20
7.5.6
Additional Requirements for Nutrient Sensitive Waters......................................................................7-20
7.5.7
Comprehensive Watershed Plans.......................................................................................................7-20
7.5.8
BMP Summary Table ...................................................... ...................................... ... ... ........................
7-20
7.5.9
Non -Structural BMPs............................................................................................................._......._7-21
7.5.10
Structural BMPs..............................................................................................................................7-22
7.5.11
Regulatory Mechanism ............. .............................................. .............. .........................................
7-22
7.5.12
Operation and Maintenance of BMPs............................................................................................7-22
7.5.13
Decision Process............................................................................................................................7-22
7.5.14
Evaluation.......................................................................................... ..7-23
7.6 Pollution Prevention/Good Housekeeping for Municipal Operations...........................................................7-23
7.6.1
BMP Summary Table .............................................. ............................................................................
7-23
7.6.2
Affected Operations .................... ........ ...... ................................................... ......................................
7-24
7.6.3
Training...............................................................................................................................................7-24
7.6.4
Maintenance and Inspections.............................................................................................................7-24
7.6.5
Vehicular Operations..........................................................................................................................7-25
7.6.6
Waste Disposal.............................................................. .....................................................................
7-25
7.6.7
Flood Management Projects ...... ........................................ ..................... .................. ..........................
7-25
7.6.8
Existing Ordinances ..................................... .......................................................................................
7-25
7.6.9
Other Evaluations...............................................................................................................................7-26
7.6.10
Decision Process ................................ ............................................................................................7-26
7.6.11
Evaluation.......................................................................................................................................7-26
City of Newton, North Carolina
March 2003 Stormwater Management Program Report ii

1.0 STORM SEWER SYSTEM INFORMATION
1.1 Population Served
According to the 2000 Census data, the population of Newton is 12,560. This population is assumed to be permanent
with no seasonal population.
1.2 Growth Rate
The growth rate, as calculated from the 1990 and 2000 Census data, is 3.48%.
1.3 Jurisdictional and MS4 Service Areas
The jurisdictional area and MS4 service area is assumed to be the same as the city limits, which is 13 square miles.
The E*TJ area is 5.82 square miles, but the only legal authority that the City has within this area is the enforcement of
the Soil Erosion and Sedimentation Control Ordinance and the Zoning and Subdivision Ordinances.
1.4 MS4 Conveyance System
Like many cities of its size, the City of Newton does not have any records of its storm drainage conveyance system. It
is assumed that most of the infrastructure is aging and in poor condition. The downtown area of the City contains the
majority of the culvert and pipe systems and catch basins. Outside of the downtown area in the more rural areas of
the City, the conveyance system consists mostly of channels and ditches that run through backyards and feed into
larger streams.
The City does not currently have a formal program to clean storm sewer inlet structures or pipes. The portion of the
conveyance system that is maintained is within the City's right-of-way. Currently, the infrastructure is maintained by
the City's Street Department as problems are reported by residents or noted in the field by City personnel. Typical
maintenance includes driveway culvert installation and clean out, ditch maintenance, catch basin repairs and clean
out, and headwall maintenance. In addition, downtown -area catch basins are cleaned once per month and others are
cleaned on an as -needed basis.
1.5 Land Use Composition Estimates
k., Area =`
�Percenta" e�
Residential
4097.685
36.90%
Industrial
969.5699
8.73%
Commercial
731.5973
6.59%
Open Space
5305.836
47.78%
TOTAL
11104.69
100.00%
City of Newton, North Carolina
March 2003 5tormwater Management Program Report 1 1

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1.6 Estimate Methodology
The land use estimates were generated using GIS land use data and include the ETJ area.
1.7 TMDL Identification
1 There are no TMDL requirements on receiving streams within the City of Newton.
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2.0 RECEIVING WATER QUALITY PROGRAMS
Table 1. Streams in the Catawba River Basin that Receive Discharges from
the City of Newton
Receiving Stream Name
Stream Segment
Water Quality
Classification
Water Quality Issues
Index Number
Description
Betts Branch o
9-5-6
From sourceIto Clark Creek
C
}
N'IAS
�lJnnamed�nbuta . �Bet{s+B� n h'�01�
'IA ;,,
�see�iriap�'•���i
;�N1,4�
N1,4�i v ``, �,,��3
Bills Branch (Bili Branch)
11-129-5-5
From source to Clark Creek
C
NIA
Unnamed Tributary Bills Branch 01
NIA
see map
N/A
NIA
Y<
Clark�Creekt Shooks Lake u s
"
1E1-129 5-2
- r
From Sft 1149 to SR 2012
G y
Fiyrtlro-madif�cation dtie log
Intentaorial liannelI lon
tnnamed�Tfibuta'`Clark.Creek 01y
NIAS` �'
see maNIA
l'liinamedJTnbutary;Clark+Creek 02
NiA _ y�
ki®r ap �;
MWMM
N 1AVA=,WAvM
Ohna_med TnbuCrr y-Clark Creek 03 - ,
NIA
_s'ee rr ap MW„y;.:
NIA
!
kJnnamedcTnbutary'�ClarltCreek'04�
NIA;
see map";i
y''NIA
I En ara6 d'jTn Q rr 'Ciark(Creek;06
gjet�! i
seej,m p
NIA �"
NIAs
lJnnamedTnutary"Claik�Cr ek07NiA,•
s e maps "o$�
amed�Tnbutak'�Creek08
ryGlar Lfnn
�a
�N1A:
es e, ma
Q..� NIA".i
?NIA
Utinamed�7r�bUtary�CIa��Greek�09 "
NIA .. � �
�se'e�map „'r-G - .
��I�IA��
NIA" "���
UnnamatlTnbutary ClarkCreekla w =N�
NIA , � '
semap
NIA
tiUnnRRe Tinbuta 7 4-&C k l�1, t
fiN1A
s�e,map =
NIA�131&
1A
Unnamed Tributa Clark G er ek 12 . -
_-'__ ONE _ry .
0ffl# ..
rse� amp: ..
NIA ..
NIA
Cline Creek
11-129-5-3
From source to Clark Creek
C
NIA
Unnamed Tributary Cline Creek 01
NIA
see reap
N/A
NIA
Unnamed Tributary Cline Creek 02
NIA
see map
NIA
NIA
Unnamed Tributary Cline Creek 03A
NIA
see map
N/A
NIA
Unnamed Tributary Cline Creek 03B
NIA
see map
NIA
NIA
Unnamed Tributary Cline Creek 04
NIA
see map
N/A
NIA
ildeb"r"an Creek(Anthon Creek) -
11292- ,15
(r )
From O.6Msle upstreartaf
'mouth o SauthrFork
]NIA t
Unnamed Tntiutaryiliildeb an�"O�eek D1
NIA
'see meP �.
�' NIA ,.,.��
N/A` ,
c32w�t' M
11 nn amildel?ran Creek b2'
NIA' ' ^•
-aa,a .
see m� ap `;NIA
NIA e'
�--bnnemedgib Ha ildetiran'Creekj033
1NrAW
NI 7'4a—
"N-!&�
lirinamed*butaHikdebran Creek_04 .
NIA _'MW
s'ee maps :,.,
IVIA
NIA
Unnamed Trtbutary�HilearRid' 05;
A1� �N
use"ma ".•_
_N1,4'
NIAa •-
rrwY •n41". - krv�x,hdxK or .IW1N.1 1�' .. My
"'liJnna-6qL rEbtftary Hildeb�an Creek 06
J!14
NIA_ _ _
yR."+
see;map_._
MIA
Jacob Fork
11-76-5-(0.3)
From source to Catawba
Co SR 1734
C
NIA
Unnamed Tributary Jacob Fork 01
NIA
see map
NIA
N/A
'McLtn Creeku
�1,1 129�5 4-i
From rsource to�T�own Creek
.,a
C
��
NIA
a
UnnamedTr�butary McLm C�eef%D;1�1VlA?a
',see mapNIA��
NIA1y
Unnamed`TributMcLin"C�eekia2JW
Nf4 •
s'eri7a ,
NIA
tlA "
Unnamed Tnbu ;. -Via. ,,"
��.. AMR �.. _.._tary.McLrn Creek 3��
.-x 5
`t3 A
..N/
seep' aP�, . : - �a,r� -
m
N IA3
::��N_
NIA r. s
City of Newton, North Carolina
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Table 1, Streams in the Catawba River Basin that Receive Discharges from
the City of Newton
Receiving Stream Name
Stream Segment
Water Quality
Classification
Water quality Issues
Index Number
Description
Unnamed_TnbutaryrMcLinjCreek;0,4 `
tlA;,�'
see;map
UnnamedTnbiitaryMcLinCreek`05A
iV1A
�_seemap a''
,NNUN
UnnamedrTnbu4ary�Mc�in CreektOB
eNIA
see ma,�`
i&IVIAr,
NA j IFe
UnnamedTnbuta Mci m Creek"06
NIA j
see na `o'
4 NIA`'#='°NIA7
lfrnamednbufa iNcLin Creek�07w
..__ _ _.. _ _ -_ ._. .�.� .__.i-.-._� _ _ Ps/..
I�IA1
_ _.__ .. • N
sew" �e m
7i.. _ -!_
.'� �N1A,NJP`
.....ASS
, •" -
ems"
Smyre Creek
11-129-(0.5)
From source to Catawba-
Lincoln County Line
WS-V
NIA
Unnamed Tributary Smyre Creek 01
NIA
see map
NIA
NIA
Unnamed Tributary Smyre Creek 02
NIA
see map
NIA
NIA
Unnamed Tributary Smyre Creek 03
NIA
see map
NIA
NIA
Unnamed Tributary Smyre Creek 04
NIA
see map
NIA
NIA
Unnamed Tributary Smyre Creek 05
NIA
see map
NIA
NIA
Unnamed Tributary Smyre Creek 06A
NIA
see map
NIA
NIA
Unnamed Tributary Smyre Creek 06B
NIA
see map
NIA
NIA
Unnamed Tributary Smyre Creek 06C
NIA
see map
NIA
N/A
South Fbrk,of Lhe,Catawb�a Siver."
�1s1:129'S 4`
ME=
C+
N.�IIA..
l'�nnamedTn6utary'So�ith1Fark'afsthe
�.� .., �. �rN,A
ANtaw, .
�
d
Csqem�ap �
NIA
�N�r
Town Creek
NIA
see map
N/A
NIA
Unnamed Tributary Town Creek 01
NIA
see map
NIA
NIA
Unnamed Tributary Town Creek 02
NIA
see map
NIA
NIA
Unnamed Tributary Town Creek 03
N/A
see map
NIA
NIA
Unnamed Tributary Town Creek 04A
NIA
see map
NIA
NIA
Unnamed Tributary Town Creek 04B
NIA
see map
NIA
NIA
Unnamed Tributary Town Creek 04C
NIA
see map
NIA
NIA
Unnamed Tributary Town Creek 04D
NIA
see map
NIA
NIA
Unnamed Tributary Town Creek 04E
I NIA
I see map
NIA
NIA
Unnamed Tributary Town Creek 04F
NIA
see map
N/A
NIA
Unnamed Tributary Town Creek 05
N/A
see map
NIA
NIA
Unnamed Tributary Town Creek 06
NIA
see map
NIA
NIA
�f+mhewxFkY --.: *�"��'CfT'v,• r. y -
Unnamed Tnbutary,Hen � ork 01
x .�:
NAA. i '-:
m;�� rt,r.. y
�s ma/V. � �AM-
I W. N AM MNIA
rR
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3.0 EXISTING WATER QUALITY PROGRAMS
3.1 Local Programs
The City of Newton is delegated by the state to implement the Erosion and Sediment Control program within the City
limits and the ETJ area.
3.2 State Programs
There are currently no programs implemented by the State within the City of Newton.
March 2003
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Stormwater Management Program Report
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4.0 PERMITTING INFORMATION
4.1 Responsible Party Contact List
Measurable.Goal.
onsible Pa
Minimum Measure 1:
Martin D. Wilson
• Community meeting
Public Works and Utilities Director
• Generate and distribute educational brochures
[e-mail]
• Informational website
Phone: [phone]
• Quarterly employee newsletter
Fax: [phone]
• Community outreach
• Presentation for schools and other groups
• Public service announcement
• Business outreach program
Minimum Measure 2:
Martin D. Wilson
• Stormwater task force
Public Works and Utilities Director
• City-wide cleanup event
mwilson mail.ci.newton.nc.us
• Newton Enviro-Stars volunteer program
Phone: [phone]
• Mark storm inlets with environmental messages
Fax: [phone]
• Earth Day celebration
• Used oil recycling program
• Logo design contest
Minimum Measure 3:
Martin D. Wilson
• Storm sewer system map
Public Works and Utilities Director
• Illicit discharge ordinance
Mwilson(cr�mail.cl.newton.nc.us
• Illicit discharge detection and elimination
Phone: [phone]
• Public education
Fax: [phone]
Minimum Measure 4:
Glenn J. Pattishall. AICP
Planning Director/ Asst. City Manager
G attishali mail,ci•newton•nc.us
Phone: [phone]
Fax: [phone]
Minimum Measure 5:
Glenn J. Pattishall. AICP
• Post -Construction ordinance
Planning Director/ Asst. City Manager
• Fecal coliform control
Gpattishall(amail.ci.newton.nc.us
• Non-structural BMPs
Phone: [phone]
• Structural BMPs
Fax: [phone]
• Operations and maintenance
Minimum Measure 6:
Martin D. Wilson
• Training
Public Works and Utilities Director
• Maintenance and inspections
[e-mail]
• Vehicular operations
Phone: [phone]
• Other operations
Fax: [phone]
• Ordinances
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 4-1

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4.2 Organizational Chart
The organizational chart for the City of Newton is located in Appendix A.
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4.3 Signing Official
The signing official for the City of Newton is Wayne Dellinger, Mayor,
City of Newton, North Carolina
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5.0 CO -PERMITTING INFORMATION
Not Applicable to the C4 of Newton
City of Newton, North Carolina
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6.0 RELIANCE ON OTHER GOVERNMENT ENTITY
The Cityof Newton will continue to rely on the Catawba County Environmental Health Division to regulate new and
Y h' g
existing septic tanks within the City. All other permit -related tasks will be performed by the City of Newton.
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 6-1

7.0 STORMWATER MANAGEMENT PROGRAM
The National Pollutant Discharge Elimination System (NPDES) program was established as the fundamental
regulatory mechanism of the Clean Water Act (CWA). The NPDES program requires that a direct discharger of a
pollutant into waters of the United States must obtain an NPDES permit. Initially, the permitting effort was focused on
municipal and industrial wastewater facilities. Although these discharges were controlled, many impaired water
bodies remain impaired.
Subsequent studies have determined that diffuse (non -point) sources, e.g., stormwater runoff from urban and
agricultural areas, construction sites, land disposal areas, and mining activities, are presently the leading contributors
to water quality impairment. Although stormwater originates from various diffuse sources, this runoff is frequently
discharged through separate storm sewers or other conveyances.
Therefore, the CWA was amended in 1987 to include Section 402(p), which required the United States
Environmental Protection Agency (EPA) to develop a comprehensive phased program to regulate stormwater
discharges under the NPDES program. The NPDES Phase I rule, which was issued in November 1990, addressed
stormwater discharges from medium to large municipal separate storm sewer systems (MS4s), which were
communities serving a population of at least 100,000 people, as well as stormwater discharges from industrial
activity. The ruling also placed permitting requirements on some construction activities.
iThe NPDES Phase 11 rule, which was promulgated in December 1999, addressed small municipal separate storm
sewer systems (MS4s) serving a population of less than 100,000 people in urbanized areas. Per 2000 Census data,
the estimated population of the City of Newton is 12,560 and is one of the communities in the state of North Carolina
automatically designated into the NPDES Phase II program. In the state of North Carolina, EPA has delegated the
North Carolina Department of the Environment and Natural Resources (NCDENR) as the state permitting authority.
The City of Newton must obtain permit coverage from NCDENR by March 10, 2003.
The City of Newton, which is an owner/operator of a small MS4, will be required to reduce the discharge of pollutants
to waters of the State and the United States to the "maximum extent practicable" to protect water quality. At a
minimum, the City will be required to implement a Stormwater Management Program that must address the following
issues:
• Specify Best Management Practices (BMPs) for six minimum control measures and implement them to the
"maximum extent practicable",
• Identify measurable goals for these control measures,
• Develop an implementation schedule for these control measures or frequency of activities, and
• Define the responsible entity to implement these control measures.
In order to meet the above requirements, the first step is to identify activities related to stormwater that the City is
currently doing. interviews were conducted with various relevant members of the City staff. Staff members were
chosen that deal directly and indirectly with stormwater. Staff members whose position or department could play a
major role in helping to meet permitting requirements were also consulted. Representatives from the following areas
or departments were consulted: Public Works, Utilities, Parks and Recreation, Street Maintenance, Fire, and
Planning.
Using information from these interviews and from numerous resources provided by these individuals, the following
narrative was developed and includes: a description of the six minimum control measures, the performance
requirements for each, the current relevant City activities and their respective deficiencies, and an action plan to
address those deficiencies for each minimum measure.
City of Newton, North Carolina
March 2003 stormwater Management Program Report
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The State requires that the City of Newton implement the six minimum measures throughout the City's jurisdictional
area, including the ETJ (extra -territorial jurisdictional) area where possible using existing rules and ordinances. The
City of Newton does not have legal authority over their ETJ area and will therefore be unable to implement the
program in this area, with the exception of the Sediment and Erosion Control program which is enforced within the
ETJ. The City will also make available educational materials pertaining to water quality and the Phase 2 program for
�3 people living in these areas.
7.1 Public Education and Outreach on Stormwater Impacts
According to EPA guidelines, an informed and knowledgeable community is crucial to the success of a stormwater
management program since it helps ensure the following:
• Greatersupport for the program as the public gains a greater understanding of the reasons why it is
necessary and important. Public support is particularly beneficial when operators of small MS4s attempt
to institute new funding initiatives for the program or seek volunteers to help implement the program;
and
• Greater compliance with the program as the public becomes aware of the personal responsibilities
expected of them and others in the community, including the individual actions they can take to protect
or improve the quality of area waters.
In order to comply with EPA regulations and this minimum control measure, Public Education and Outreach,
operators of regulated small MS4s need to:
• Implement a public education program to distribute educational materials to the community, or conduct
equivalent outreach activities about the impacts of stormwater discharges on local water bodies and the steps
that can be taken to reduce stormwater pollution; and
• Determine the appropriate best management practices (BMPs) and measurable goals for this minimum control
r measure.
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7.1.1 BMP Summary Table
x`;
Goals`m
Yf°
,Y�Yt
IN
Y,r,
ponsi6leMeasurable
Pas !Position :
1
Community Meeting
Conduct one community meeting to
X
Public Works/Utilities
educate the general public about the
Director
impacts of stormwater run-off.
2
Generate and
Generate and distribute one general
X
X
X
X
X
Public Works/Utilities
distribute educational
educational brochure explaining the
Director
brochures
environmental impacts of stormwater run-
off.
3
Informational Web-
Develop and maintain a stormwater
X
X
X
X
X
Public Works/Utilities
site
information page for current internet site..
Director
4
Quarterly Employee
Include one water quality related article
X
X
X
X
X
Public Works/Utilities
Newsletter
once per year in the pre-existing quarterly
Director
employee newsletter that targets a
specific stormwater problem.
5
Community Outreach
Use Newtonfest, a community arts and
X
X
X
X
X
Public Works/Utilities
entertainment festival to educate the
Director
public about water quality issues.
$
Presentations for
Develop educational information for
X
X
X
X
Public Works/Utilities
schools and
presentations to school children and
Director
civic/community
civic/community groups.
groups
' City of Newton, North Carolina
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1.
'00 •.
Fri' 4q Je.
"�
Y'YrN
2�
r.Y.
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Public Service
Broadcast one public service
X
X
X
Public Works/Utilities
Announcement
announcement on the local Government
Director
Access Channel related to water quality
8
Business Outreach
Generate and distribute one target
X
X
Public Works/Utilities
Program
educational brochure to inform
Director
businesses on illicit discharges, reporting
and proper waste disposal 2ractices.
7.1.2 Target Audience
The City of Newton aspires to reach a diverse population with its public education campaign. Target groups include
residential property owners, commercial and industrial business owners; school -aged children and community
leaders. These groups are being targeted for public education due to their unique stormwater impacts.
Residential property owners, community leaders and school -aged children are being targeted for basic stormwater
education. These groups are being targeted to ensure a basic understanding of non -point source pollution and its
impacts on the environment throughout the community. City leaders also aspire to provide these groups with basic
pollution prevention techniques they can easily implement into their everyday lives.
Non -English speaking residents are being targeted for education to ensure a basic understanding of non -point source
pollution and its impacts on the environment. City leaders also aspire to provide ESL (English as second language)
residents with basic pollution prevention techniques they can easily implement into their everyday lives.
Commercial and Industrial businesses are being targeted eted for education to inform owners about the impacts of illicit
p
discharges, reporting procedures, proper waste disposal practices, and the efforts they can take to minimize
pollutants from their sites.
7.1.3 Target Pollutant Sources
The City of Newton is located in Sub -basin 08-03-35 of the Catawba River Basin. According to the Catawba River
Basin -wide Water Quality Plan, "This sub -basin includes lands that drain to the upper reaches of the South Fork
Catawba River. Land use is primarily forest (57%) and pastures (35%). Excellent water quality conditions are present
in the western portion of the sub -basin, including the Henry Fork and the Jacob Fork. Waters in the lower portion of
the sub -basin exhibit diminished water quality from the effects of agricultural activities, urban runoff and several point
I source discharges (April, 2002). Major pollutants of concern, specifically along Clark Creek, include fecal coliform
bacteria, turbidity, and copper,
Since Newton falls well within the boundaries of this particular sub -basin (08-03-35), public education and outreach
efforts will attempt to address pollutants resulting from agricultural activities, urban runoff, and point source
discharges.
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7.1.4 Outreach Program
Available Resources
Educational Brochures
The City has available to the public brochures and flyers dealing with recycling, solid waste collection, street
maintenance, street and security light repair, back flow prevention, water conservation, and tips for reducing utility
bills.
Website
The City has available to the public an informational web -site detailing City services.
r hftp://www.ci.newton.nc.us
Employee Newsletter
The City Public Information Director currently generates a quarterly newsletter for distribution to City Employees.
Each City department has allotted space in the newsletter to publicize or promote departmental projects or initiatives.
Government Access Channel
The City currently has access to time on a cable television station to inform citizens about city services, events and
job openings.
Educational Presentations
The City has designated staff to conduct educational presentations for local school children and civic organizations.
Target presentations covering specific issues (i.e. recycling) and general overviews of city operations and services
are available upon request.
Civic Involvement
The City takes an active role in the community by supporting and promoting festivals and events such as Newtonfest,
a community arts and entertainment festival. Each year the City designates staff to man an informational booth at this
event. Doing so provides staff the opportunity to provide information to the general public and field any questions that
may arise.
Outreach Plan
Educational Brochures
Target Audience: Households
Delivery Method: Direct Mail and New Resident Information Packets
Generate and distribute one educational brochure in Year laddressing non -point source pollution and its relation to
water quality and report number of households reached. Brochures to include information on non -point source
pollution and outline possible prevention methods. The City intends to publish brochures in both English and Spanish
in an effort to reach the most households.
Web -page
Target Audience: General Public
Delivery Method: Current City Internet Site
Develop and maintain a stormwater information page for current Internet site starting in Year 1 and report number of
site visits.
' City of Newton, North Carolina
March 2003 Stormwater Management Program Report
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Employee Newsletter
Target Audience: City Employees
Delivery Method: Inter -office Mail
Include one water quality related article once per year in the pre-existing quarterly employee newsletter starting in
Year 1 Report number of employees reached annually.
Government Access Channel
TargetAudience: Households
Delivery Method: Local Government Access Channel
Broadcast one public service announcement on the local Government Access Channel starting in Year 3 related to
water quality to reinforce the importance of clean water. Report the message shared.
Educational Presentations
Target Audience: School Aged Children and Civic/Community Groups
Delivery Method: Live Presentation
Develop educational information for presentations to school children and civic/community groups starting in Year 2.
Report the number of groups reached and the message shared.
' City Sponsored Events and Festivals
Target Audience: General Public
Delivery Method: Informational Booth
Use Newtonfest, a community arts and entertainment festival to educate the public about water quality issues starting
in Year 1 by distributing brochures and other water quality related educational materials to individuals attending the
event. Report on the message shared.
Business Outreach Program
Target Audience: Businessllndustry Owners
Delivery Method: Direct Mail
Generate and distribute one target educational brochure in Year 4 to inform businesses on illicit discharges, reporting
and proper waste disposal practices. Report on the number of businesses/industries reached and the message
shared.
7.1.5 Decision Process
The City of Newton is taking a rational and logical approach to educating the public about water quality issues. Since
our community lacks a basic understanding of non -point source pollution and its impacts on the environment City
leaders aspire to first provide the identified target groups with a base knowledge and understanding of non -point
source pollution by saturating the public with general water quality information and pollution prevention techniques
using various media outlets.
' After establishing a basic understanding of water quality issues among target groups using various media outlets,
City leaders aim to narrow the program's focus to target more specific audiences by creating, distributing and
presenting tailored information designed to meet each groups' individual educational needs.
' City of Newton, North Carolina
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To accomplish these goals, City leaders intend to designate a staff person to actively pursue opportunities to share
water quality information with target groups by directly contacting groups and disseminating information in a
deliberate manner.
7.1.6 Evaluation
Since evaluating the success of a public education campaign is somewhat hard to define, success will be measured
by assessing the number of defined program tasks completed and reported by the responsible party in the
designated year of completion. Tasks completion will be directly tied to the responsible party's annual performance
review to ensure timely completion and reporting. For a detailed outline of measurable tasks refer to section 7.1.1.
7.2 Public Involvement and Participation
Federal Guidelines state:
EPA believes that the public can provide valuable input and assistance to a regulated small MS4's municipal
stormwater management program and, therefore, suggests that the public be given opportunities to play an
active role in both the development and implementation of the program. An active and involved community
is crucial to the success of a stormwater management program because it allows for.
• Broader public support since citizens who participate in the development and decision making process
e are partially responsible for the program and, therefore, may be less likely to raise legal challenges to
the program and more likely to take an active role in its implementation;
• Shorter implementation schedules due to fewer obstacles in the form of public and legal challenges and
increased resources in the form of citizen volunteers;
• A broader base of expertise and economic benefits since the community can be a valuable, and free,
intellectual resource; and
• Conduits to otherprograms as citizens involved in the stormwater program development process
provide important cross -connections and relationships with other community and government
programs. This benefit is particularly valuable when trying to implement a stormwater program on a
watershed basis, as encouraged by EPA.
h operator f regulated mall MS4 must:
To satisfy this minimum control measure, the ap at o as
• Comply with applicable State, Tribal, and local public notice requirements; and
• Determine the appropriate best management practices (BMPs) and measurable goals for this minimum
control measure.
' City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-6

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7.21 BMP Summary Table
MP '""
161,,1B1F
EV
R` r' Measurable Goals '�""
°Yrylfr
�4�
�YrI''
Respon"sit;le
a� _
Y r : ". .,
�1r
2
`3 �..'
y
5, t
�Pa If?osltion;�„
1
Stormwater Task
Coordinate the organization of a
X
X
X
X
X
Public
Force
Stormwater Task Force The City aspires
Works/Utilities
to use this group as a sounding board for
Director
stormwater program development and
future stormwater initiatives.
2
City-wide Clean -Up
Work with area community groups and
X
X
X
X
X
Public
Event
other city departments to plan and
Works/Utilities
organize a volunteer driven city-wide
Director
clean-up event to promote water quality
and over-all environmental awareness.
3
Newton Enviro-Stars
Organize and implement Newton Enviro-
X
X
X
X
Public
Volunteer Program
Stars Volunteer Program to include the
Works/Utilities
initiation of Adopt -a -Street and Adopt -a-
Director
Stream volunteer programs.
4
Mark Storm Inlets with
Coordinate City Staff and Volunteers to
X
X
X
X
Public
Environmental
mark storm inlets with environmental
Works/Utilities
Messages
messages.
Director
5
Earth Day Celebration
Partner with City's Parks and Recreation
X
X
X
Public
Department to plan and organize a City
Works/Utilities
sponsored event to celebrate Earth Day.
Director
6
Used Oil Recycling
Expand City's in-house used oil recycling
X
X
Public
Program
program to include residential used oil.
Works/Utilities
Director
7
Logo Design Contest
Involve school -aged children in stormwater
X
Public
program development by sponsoring a
Works/Utilities
logo design contest. Logo to be used as
Director
part of future public educationloutreach
materials.
' 7.2.2 Target Audience
The City of Newton aspires to reach a diverse population with its public involvement campaign, Target groups include
B residential property owners, commercial and industrial business owners; school aged children as well as
community/civic leaders. These groups are being targeted for public involvement to increase their understanding of
the importance of clean water by directly involving them in water protection projects. The City also aspires to increase
' civic pride among the general public by promoting the quality of life benefits associated with maintaining a clean
environment free of pollution and debris.
7.2.3 Participation Audience
Available Resources
Earth Day
Earth Day, a worldwide event held every year in April, celebrates the Earth's natural environment. Groups around the
' world organize events each year to raise awareness of environmental issues and sustain public commitment to
environmental protection. In April 2000, a representative from the City of Newton Public Works and Utilities
' City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-7

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Department presented information about recycling and the concepts of conservation to school children. In
conjunction with the educational presentations, the Public Works and Utilities Department sponsored a contest. The
contest asked students to bring items to school the City of Newton Public Works and Utilities Department accepts as
part of their ongoing community recycling program. Students were then asked to reuse items in a different way to
create a new item.
The Newton Parks and Recreation Department recognizes the celebration of Earth Day each year by planting a tree
in one of City's park facilities.
City-wide Clean -Up Event
Every April, the City of Newton Appearance Commission sponsors a city-wide, week-long clean up event to
encourage Newton residents to clean-up their personal property.
Citizen Participation on Committees
The City of Newton currently seeks citizen in put by asking residents to serve on various city committees. To date the
City sponsors seven committees. They include: the Appearance Commission, Downtown Newton Development
Association, Festival and Events Committee, Off -Street Parking Committee, Parks and Recreation Commission, and
the Police Advisory Board.
Volunteerism
' Special assistance is provided to the City through the efforts of volunteers. The City uses volunteers to assist with the
preparation and distribution of the City's quarterly citizen newsletter as well clean-up projects in the city's park
facilities as needed.
' Household Hazardous Material Collection Day
Each spring Catawba County sets up collection sites throughout the county for the safe disposal of household waste
' including lawn and garden pesticides and fertilizers, paint and paint thinner, anti -freeze, brake fluid, gasoline and oil
mixtures. Newton residents are encouraged to dispose of their household waste at one of the county collection sites
on the appropriate day.
While the City of Newton does not currently conduct a Household Hazardous Collection Day, they do promote and
encourage city residents to participate in the Household Hazardous Material Collection Day sponsored by the county
by advertising the event in the quarterly newsletter, on the city's web -site and in the local newspaper as part of the
' City's monthly community up -date.
Involvement Plan
' Stormwater Task Force
Target Audience: Impacted Stakeholders
Coordinate the organization of a Stormwater Taskforce starting in Year 1 to include group representatives having
unique stormwater. The City aspires to use this group as a sounding board for stormwater program development and
' future stormwater initiatives. Report the number of meetings held.
City-wide Clean -Up Event
Target Audience: General Public
1 Work with area community groups and other city departments starting in Year 1 to plan and organize a volunteer
driven city-wide clean-up event to promote water quality and over-all environmental awareness. Report on the type of
' projects completed and number of participants.
r City of Newton, North Carolina
March 2003 Starmwater Management Program Report 7.8

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Newton Enviro-Stars Volunteer Program
Target Audience: General Public
Organize and implement Newton Enviro-Stars Volunteer Programs starting in Year 2 to include the initiation of Adopt
a -Street and Adopt -a -Stream volunteer programs. Report on the miles of streets and streams cleaned annually,
Mark Storm Inlets with Environmental Messages
Target Audience: City Employees and the General Public
Coordinate City Staff and Volunteers starting in Year 2 to mark storm inlets with environmental messages. Report
number of drains marked.
Earth Day Celebration
Target Audience: General Public
Partner with City's Parks and Recreation Department starting in Year 3 to plan and organize a City sponsored event
to celebrate Earth Day on an annual basis. Report annually on the types of information disseminated and activities
conducted.
Used Oil Recycling Program
TargetAudience: Households
Expand City's current in-house used oil recycling program starting in Year 4 to include the acceptance of residential
used oil. Report the number of gallons collected.
Logo Design Contest
Target Audience: School -Aged Children
Involve school -aged children in stormwater program development by sponsoring a logo design contest in Year 5.
Logo to be used as part of future public education/outreach materials. Report on number of children participating.
7.2.4 Decision Process
The City aspires to involve as many people in its Stormwater Management Program as feasibly possible. To
accomplish this goal, City leaders plan to host a broad range of activities involving all potentially affected stakeholder
groups including residents, business/industry owners, school children, etc...). Since individuals desire different levels
of community involvement, activities requiring different levels of involvement are being addressed in the City's Public
Involvement Program. For those wishing to take an active role, the City is providing volunteer programs through its
Newton Enviro-Stars Program. For those wishing to be less active, the City plans other outlets for participation
including a used oil recycling program and an Earth Day celebration.
To accomplish these goals, City leaders intend to designate a staff person to coordinate the City's Public Involvement
Program by directly contacting groups and disseminating information about involvement opportunities in a deliberate
manner.
7.2.5 Evaluation
Program success will be evaluated by assessing the number of defined program tasks completed by the responsible
party in the designated year of completion. Tasks completion will be directly tied to the responsible parry's annual
performance review to ensure timely completion. For a detailed outline of measurable tasks refer to section 7.2.1.
City of Newton, North Carolina
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The City intends to document the number of individuals and groups participating in its Public Involvement Program
each year and report the data annually to the State.
7.3 Illicit Discharge Detection and Elimination
To eliminate illicit discharges into the City's storm sewer system, the City of Newton will be required to develop a
strategy to detect and eliminate such discharges. An illicit discharge has been defined by the EPA as "any discharge
into a separate storm sewer system that is not composed entirely of stormwater". Typically, illicit discharges enter a
storm sewer system either through direct connections, e.g., sanitary sewer piping, or indirectly from cracked sanitary
sewer conveyance systems, spills collected by storm drains, or from contaminants dumped directly into a sewer inlet.
The following are typical examples of illicit discharges:
• Sanitary wastewater
• Effluent from septic tanks
' Laundry wastewater
• Commercial car wash discharges
• Improper disposal of household or automotive toxics
' Spills from roadway accidents
Pollutants from these sources can include heavy metals, toxics, oils and grease, solvents, nutrients, viruses, and
' harmful bacteria. Substantial levels of these contaminants can damage fish and wildlife habitats, decrease aesthetic
value, and more importantly threaten public health due to contaminated food and drinking water supplies.
n
I
To comply with NPDES Phase ll program requirements, the City will be required to address the following
requirements:
• Develop a storm sewer map illustrating the location of all storm sewer outfalls and the names and location of all
waters of the United States that receive discharges from these outfalls.
• Prohibit the discharge of non-stormwater discharges into the City's storm sewer system through the
implementation of an ordinance or other regulatory mechanism.
• Develop a plan to detect and address non-stormwater discharges, including illegal dumping.
• Educate public employees, businesses, and the general public regarding the impacts associated with illegal
discharges and the improper disposal of waste.
7.3.1 BMP Summary Table
,,BMP
MeasurableiGoals
ANN
Ir""-
it
�
r
�,4�5`
Yr�
Responsible
A,�Part
_ _
r
�l _ ¢_
1
,2
3
l,Position
1
Storm sewer system
Develop storm sewer outfall map
X
X
X
X
Public
map
Works/Utilities
Director
2
Illicit discharge
Develop a comprehensive ordinance that
X
X
Public
ordinance
addresses all aspects of illicit discharge
Works/Utilities
location and elimination, including
Director
monitoring requirements, penalties, and
prohibitions
3
Illicit discharge
Develop and implement a program to
X
X
X
X
Public
detection and
locate and address illicit discharges
Works/Utilities
elimination
located during outfall inventory. Modify
Director
field procedures if necessary.
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-10

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BMP"
rable Goalsl "Yr
'
YYr"�
2�
f�`(rResponsible
3
4!
R ,Pa (Position
4
Public education
Develop or use existing educational
X
X
X
X
XPublic
materials to inform the general public and
Works/Utilities
targeted businesses about illicit
Director
discharges.
' 7.3.2 Storm Sewer System Map
One of the major tasks associated with this minimum control measure is the development of mapping of the City's
regulated MS4 outfalls. Unfortunately, the City of Newton does not currently have any form of comprehensive
documentation of the City's storm sewer system or the regulated outfalls.
The City of Newton must develop a storm sewer map illustrating the location of all storm sewer outfalls and the
names and location of all waters of the United States that receive discharges from those outfalls. EPA defines an
outfall as "a point source at the point where a municipal separate storm sewer discharges to waters of the United
States". These waters of the United States generally include any waterway that is identified on a USGS 7.5'
topographic quadratic map. A map showing these waterways within the city limits of Newton is located in Appendix
B.
' The inventory of the City's outfalls will help the City gain awareness of their system and the location of the discharge
points. EPA recommends collecting all available existing information that may include outfall locations such as City
records, construction plans, and drainage studies and then field verifying their locations. However, it is likely that
most of the storm sewer system will not be identified on any available form of mapping. In order to obtain a
comprehensive map of the City's outfalls, it will be necessary to walk the jurisdictional waterways and locate outfalls
by visual observation.
' A storm sewer system map will be developed that shows the location of all regulated outfalls and the names and
location of all receiving waters. These outfalls will be located and verified in the field using GPS technology. The map
will be regularly updated when new outfalls are located, either through identification by City staff or through as -built
submittals from developers.
' 7.3.3 Regulatory Mechanism
In order to prohibit illicit discharges to the MS4, the City must adopt a new ordinance. The City will create a new
ordinance to address illicit discharges and connections. This ordinance will include language that specifically relates
to the requirements of the NPDES MS4 permit such as:
• Findings of fact
• Objectives
' • Prohibitions
• Notification of spills and violations
• Requirements for monitoring
1 Inspections
• Penalties
r7.3.4 Enforcement
The illicit discharge ordinance mentioned above will be implemented and enforced to ensure that illicit discharges or
' connections are eliminated. This ordinance will require that violators address illicit connections within a certain time
frame or they will face penalties to be determined when the illicit discharge ordinance is developed.
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7.3.5 Detection and Elimination
The City of Newton must also develop a program to detect and eliminate illicit discharges. In order to detect non-
stormwater discharges, the City must develop a program and methodology for identification of these discharges. EPA
has determined that after a 72-hour time period of no rainfall, any discharge from a municipal separate storm sewer
may be non-stormwater related. Therefore, unless the discharge is exempt from the regulation, i.e, irrigation water,
water line flushing, or residential car washing, the discharge is considered an illicit. In order to determine the source
of the discharge, grab sampling must be performed during dry weather conditions. Regulated communities are then
required to analyze the constituents in the sample in order to determine the source of the discharge and to eliminate
the contaminant if it is an illicit connection or discharge.
The locations of the City's outfalls will be mapped using GPS technology linked to a Geographical Information
System (GIS) database. Attributes of individual outfalls such as shape, type, size, and conditions will be recorded
digitally as the outfalls are located. This data will then be incorporated into the City's GIS.
The following sections include procedures and guidelines for tracking potential illicit discharges, These procedures
and guidelines are proposed, but maybe changed based on actual field experiences and the needs of the City of
Newton. The procedures will be evaluated during the first year of inventory collection and will be modified if
necessary at that time.
7.3.5.1 Procedures for Location of Priority Areas
Sanitary Sewer Issues
One of the most common and easily detectable types of illicit discharge is domestic wastewater. Discharge from a
cracked sewer line or a cross connection is usually associated with extremely unpleasant odors and contains
evidence that the common citizen will recognize. Therefore, unlike other illicits, detection of this type of discharge
does not generally require sampling for positive identification. However, wastewater illicits are a recurring problem.
Despite proper design and construction techniques, leaks will continue to occur due to old infrastructure, erosion, and
numerous other means. The City of Newton, like virtually every other municipal wastewater system, has experienced
some minor problems.
The City of Newton has taken steps to alleviate inflow and infiltration (i&I) into the wastewater system. Although
inflow to the system does not affect the quality of surface runoff, cracks that allow inflow will also allow outflow should
portions of the system become backed up or completely full. Therefore, cracks in the sewer system increase
treatment costs due to the treatment of stormwater, decrease overall plant capacity, and have the potential to
endanger the quality of surface waters. In the early 1990s, an I&I study of the system was performed. The City is
proactively replacing and repairing older sanitary sewer lines that have greatly reduced the number of overflows. The
City has in place a notification policy for any sanitary sewer spill or overflow. Each spill that reaches surface waters of
the State must be reported to the State.
Field crews will take special care around sanitary sewer crossings to identify any possible illicit discharges.
7.3,5.2 Procedures for Tracing illicits
Outfall Inventory/Mapping
The EPA requirements for Phase I communities are to collect data on all existing outfalls 12" or larger in industrial
areas, and 36" and greater in all other areas. Ditches in industrial land use areas will be picked up when their
drainage areas are 2 acres or more. Ditches in all other land use categories will be included when the drainage areas
City of Newton, North Carolina
March 2003 5tormwater Management Program Report 7-12

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leading to them are 50 acres or more. The inventory should include attributing it for the following: inspection date and
' time, site description, outfall size and material, discharge color, discharge odor, presence and type of floatables,
discharge turbidity, deposits/stains, vegetative condition, presence or absence of flow.
tDry Weather Screening Procedures
The inventoried outfalls will serve as the basis for identifying the field screening areas. Dry weather screening only
' takes place greater than seventy-two hours after a storm event greater than 0.1 inches. The National Weather
Service Stations should be consulted for rainfall quantities in the area, along with local weather reports and rain
gauges placed near the areas to be screened.
' Only major outfalls with observed dry weather flow are required to be sampled. The status of flowing outfalls should
be integrated into the GIS outfall coverage.
Once an outfall is found to have a dry weather discharge, additional measures must be taken to determine whether
the discharge is illicit.
Illicit Connection Investigative Procedures
The illicit connections program is composed of a set of investigative procedures to determine if a dry weather
discharge is illicit and, if so, how to deal with it. Below is an overview of the illicit discharge investigation procedures
that will be used by the City.
1. Check each outfall for dry weather flow. Upon finding dry weather discharge or other evidence of an illicit
discharge (i.e. odor, discoloration of surrounding area, etc.) perform a visual inspection looking for those items
listed below. Also check for odor, flow depth and flow quantity.
' 2. Perform field testing for water temperature and pH and obtain a sufficient sample to test for total chlorine,
detergents/surfactants, phenols and copper. The site should be sampled again no less than four hours later, but
no more than 24 hours later.
3. If, upon returning for the second sample, there is no flow, note as such and return the following day. After three
' "no flow" conditions, and lacking additional evidence of an illicit discharge the outfall may be removed from the
potential illicit discharge list.
4. If flow continues on the second day, record the data in the Potential Illicit Discharge database.
5. Begin walking the contributing system upstream until flow is no longer found.
fi. Check the watershed for facilities that may contribute the identified parameters found in steps 1 and 2 to
determine a list of potential sources of the dry weather flow.
7. Inspect suspected facilities for potential illicit connections.
8. Notify owner of the facility of the potential violation, identify steps to be taken, and establish schedule for
removal.
9. Perform a follow-up investigation at the site to ensure that the illicit has been removed.
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Visual Inspection Investigation
The initial investigation is based on visual inspection, including:
1 • Odor
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The odor of stormwater discharges will vary widely. Odor can be a good indicator of the type of pollutant in the
water. For instance, stormwater discharges may smell like sewage, oil, gasoline, or may contain a chemical
smell. Decomposition of organic materials can also cause a distinctive sulfur odor. Odors may vary greatly with
changes in temperature and time of year.
• Color
Color can also be an important factor in determining the source of an illicit discharge. The particular color
should be noted and tracked upstream as far as possible. Sewage will typically have a gray or brown color,
whereas industrial wastes may have a variety of colors.
Turbidity
Turbidity is a measure of the amount of suspended matter in the water and affects the clarity of the discharge.
Discharges from industrial facilities are often highly turbid. Although erosion can also create highly turbid water,
this should not be the case during dry weather flows. Each inspection should note the relative degree of
turbidity.
• Floatables
Floatables are solids and liquids that float on the surface of the water. Floatables may include substances such
as animal fats, food products, trash, oils, plant materials, solvents, foams, or gasoline. Floatables can often lead
directly to the manufacturing process or other source of the illicit discharge. A full description of the type and
quantity of the floatables and a photograph of the discharge should be included in the report.
• Residue
Residue left on the conveyance system can be an indicator of an illicit discharge. Discoloration of the pipe or
channel should be tracked upstream. It is also important to note the location of the discoloration or stain within
the conveyance system, For example, is it just a line of residue half way up the pipe or is the pipe completely
stained for some depth?
' Vegetation
Vegetation growing in the immediate discharge area should be noted in relation to vegetation growing in the
general vicinity of the outlet. Certain discharges can cause substantial changes in plant growth. Discharges
containing a high nutrient content may cause increased growth while discharges with severe changes in pH
may cause a decrease in growth. Although vegetation paftems may serve as an indicator of non-stormwater
discharges, they are also difficult to interpret. Time of year, rainfall patterns, exposure to sun all affect plant
growth and may be contributing factors to the changes in vegetation patterns. Caution should be used when
considering vegetation as an indicator of an illicit discharge.
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' City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-14

• Structural Damage
Like residue, structural damage to the conveyance system can also be an indicator of an illicit discharge.
Structural damage is typically more noticeable in concrete pipes. Acidic discharges may cause cracking,
spauling, or deterioration of the concrete. The location of the damage within the pipe and the distance upstream
will be important in determining the type of pollutant and the source of the discharge.
Field Testing Investigation
In addition to visual inspection, field testing investigation may be performed to determine the source of the illicit
discharge. Field testing should be done for the following characteristics:
• Temperature
Water temperature that varies greatly from the ambient air temperature is a good indicator that there is an illicit
discharge to the system.
1 • pH
I
The normal pH of stormwater typically ranges from 6 to 7.5. Values outside of this range are an indicator of an
illicit discharge. Water with values of 3 to 6 are acidic and may indicate discharges from textile mills,
pharmaceutical manufacturers, metal fabricators and companies that produce resins, fertilizers, or pesticides.
Wastes containing sulfuric, hydrochloric, or nitric acids are a common source of contamination. Water with
values of 8 to 12 may indicate discharges from industries such as the following; textile mills, metal plating
facilities, steel mills, and producers of rubber and plastic. Wash water used to clean floors and industrial
machinery may also produce alkaline wastewater.
• Copper
Elevated levels of copper may indicate discharges from cooling, boiler, or industrial re -circulation systems.
Copper sulfate is typically used as an algaecide in all of these systems. Copper can also be an indicator of
discharges from an automobile manufacturing or maintenance facility.
' Phenols
Elevated levels of phenols may indicate industrial wastewater discharges. Caution should be exercised,
however, since phenols may also be present in other waste streams. Phenols should be considered in relation
to other parameters in determining the potential source.
• Surfactants/Detergents
Typically, the presence of surfactants and detergents will indicate a connection to either an automobile wash
' facility or a laundry facility. High surfactants/detergents and elevated temperatures are a good indicator of
laundry facilities. Lower levels of surfactants/detergents may indicate a connection to a residential laundry or
industrial facility.
' Chlorine
The absence of chlorine may indicate a natural water source. However, due to chlorine's ability to quickly
dissipate, caution should be used when making judgments based on its absence. Generally, only potable water
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-15

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sources will contain chlorine. Therefore, the presence of chlorine insures that the source is not a natural water
source. Very high levels of chlorine typically indicate connection to a swimming pool.
Using the results of the visual and field testing investigation, likely sources of the illicit discharge can be identified.
Typically, illicit discharges and connections are from either wash water or sanitary sewer sources. The investigator
will work upstream looking for the connections.
' Additional testing may be required at upstream points and testing of additional parameters may also be necessary to
further identify the actual source. Other investigative methods that may be used include dye testing, smoke testing,
and in -pipe cameras.
' Illicit connections may be verified by performing an on -site inspection. When on -site inspections are performed, the
inspection should be fully documented and photographs of the connection and facility should be taken when feasible.
After a potential source is identified, testing should be conducted immediately upstream to insure that there are not
multiple sources of the discharge.
7.3.5.3 Procedures for Removing Illicits
Upon identification of the source of the illicit discharge or illegal dumping, the responsible party will be notified to
cease the improper practices. All appropriate regulatory agencies will be notified of the discharge. The violator may
be fined in accordance with the adopted ordinance and will be given a designated period of time to eliminate the illicit
connection by either:
a) rerouting the flow to the sanitary sewer (if appropriate),
b) constructing on -site treatment facilities,
c) permitting the connection (if applicable), or
d) removing the source of the illicit discharge.
' During the designated period inspections may be conducted to verify compliance with the order to cease and desist
further discharges and any clean up procedures required to mitigate damages caused by the discharge.
7.3.5A Procedures for Plan Evaluation
1 A debriefing will be held after the first drainage area is complete to discuss procedures and policies associated with
the detection and elimination process. Results of the investigation will be evaluated and the process will be revised
as necessary. The types of illicit connections found will also be considered to determine the next highest priority
watershed. For example, if it is found that the majority of illicit connections come from a particular type of facility, the
watershed with the highest concentration of that type of facility will be investigated next. A debriefing will be
conducted after each watershed investigation is concluded. Additional meetings will be held, and changes to the
process will be made as appropriate.
' 7.3.6 Non-Stormwater Discharges
Some categories of non-stormwater discharges include water line flushing, landscape irrigation, diverted stream
flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water,
discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs,
' water from crawl space pumps, footing drains, lawn watering, residential car washing, flows from riparian habitats
and wetlands, dechlohnated swimming pool discharges, and street wash water. These categories of discharges are
not presently seen as significant contributors of pollutants to the MS4 system and therefore will not be addressed.
City of Newton, North Carolina
March 2003 5lormwater Management Program Report 7-16

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7.3.7 Other Incidental Non-Stormwater Discharges
Based on available information, there are no other incidental non-stormwater discharges that are contributing
significant amounts of pollutants to the MS4.
7.3.8 Outreach
Improve Illicit Education Efforts
The City will also be required to educate their citizens on the potential harms associated with the illegal dumping of
illicits. The City will distribute literature on the detrimental effects of many household toxics. Citizens will be made
1 aware of what can and can't be dumped into the storm sewer system. Representatives of the business community
will also be informed using educational ideas discussed in the Public Education section. Efforts such as this will help
meet the illicit discharge education requirements, and will correlate with minimum measures 1 and 2.
Stormwater Management Guide for Susceptible Businesses
Certain industries are susceptible to producing illicit discharges. A stormwater management guide, tailored to these
industries, will be produced and distributed to appropriate businesses operating within the City (See Public Education
minimum measure).
7.3.9 Decision Process..
f Newton does not know the location of regulated outfalls within theirjurisdictional area. Therefore i The City o g � , t is the
goal of City leaders to identify these outfalls and in turn identify, track and disconnect any illicit discharges to the
MS4. In addition, the public will be educated about illicit discharges and their impact on water quality in Newton.
The illicit discharge detection and elimination process described previously is based on EPA guidance and processes
and procedures being used successfully in other communities. The process allows for a timely and efficient gathering
of information within each watershed and provides documentation of potential discharges, facilities cited and actions
taken. The debriefing meetings held at the end of each drainage area investigation allows for further refinement of
1 the system.
There are three basic reasons why illicit connections have been made to the system. These three reasons are
discussed below.
1. The person responsible for the discharge is unaware that it is happening. For example, a sanitary sewer leak.
' 2. The person responsible for the discharge is aware of the discharge, but is unaware that it is unacceptable.
3. The person responsible for the discharge is aware that the discharge is occurring and is aware that it is
unacceptable.
The first two reasons for illicit discharges will be addressed through education efforts and interagency agreements.
Regular inspections of each drainage area will also help to reduce the number of connections. Generally, reduction in
the number of discharges associated with the third type listed above will only be reduced through aggressive
inspection and enforcement activities.
7.3.10 Evaluation
The overall goal for this minimum measure is the identification and removal of illicit connections that are negatively
affecting water quality in the City of Newton. In order to meet this goal, the storm sewer map with all regulated
outfalls located must be completed. The completion of this map will form one measure of the program's success. The
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-17

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success of this minimum measure can also be measured through the number of illicit connections that are identified
and addressed. See the BMP Summary Table located in Section 7.3.1 for more information.
7.4 Construction Site Stormwater Runoff Control
All property located within the City of Newton and its ETJ is regulated by the City of Newton's Soil Erosion and
Sedimentation Control Ordinance. The Ordinance was adopted October 3, 2000. This Ordinance meets the minimum
requirements as set forth by the North Carolina Department of Environment and Natural Resources, which approved
the Ordinance. This Ordinance regulates all private sector land -disturbing activities vnth the exception of public sector
and utilities such as electric, natural gas, etc, which are regulated by the North Carolina Department of Natural
Resources. A copy of the ordinance is provided in Appendix C.
The City of Newton Planning Department is the local enforcement agency for the Soil Erosion Sedimentation Control
Program. The program requires permits for all land -disturbing activities over 20,000 square feet of disturbed area
with detailed plans being required for areas over one acre. These detailed plans are required to be prepared by or
under the direction of a professional engineer, professional land surveyor, registered architect, or registered
landscape architect. Each Soil Erosion and Sedimentation Control Plan must be site -specific, taking in account the
unique characteristics. Guidance from the Plan comes from the North Carolina Erosion and Sedimentation Control
Planning and Design Manual, a reference developed by the North Carolina Sedimentation Control Commission. This
is used during plan preparation, review, and implementation and enforcement to minimize effects of erosion and
sedimentation control on surrounding land, water bodies, and the ecosystem.
■ 7.5 Post -Construction Stormwater Management in New Development
■ and Redevelopment
Post -construction stormwater management is necessary because runoff from areas undergoing development and
redevelopment has significantly impacted receiving water bodies. This impact typically occurs in two forms. The first
impact is due to an increase in the type and quantity of pollutants in stormwater runoff. As water flows over these
sites, it transports harmful contaminants such as oil and grease, pesticides, heavy metals, and various nutrients,
(e.g., nitrogen and phosphorous). These pollutants become suspended in the runoff and are conveyed to receiving
water bodies, such as lakes and creeks.
The second post -construction runoff impact typically occurs as a result of increased stormwater runoff rates and
volume due to an increase in impervious surfaces. This increase in runoff has not only been shown to interrupt the
natural water balance of percolation into the ground, but also impact the receiving water body through stream bank
' scouring and downstream flooding.
The NPDES Phase 11 program will require that the City of Newton address the following requirements:
• Develop, implement and enforce a program to manage post -construction discharges to the MS4 from new
development or redevelopment project that disturb greater than or equal to one acre
• Develop and implement a combination of both structural and non-structural BMPs
• Create an ordinance or regulatory program that requires the use of post construction runoff controls
• Ensure adequate long-term operation and maintenance of the controls
The post construction program developed by the City of Newton must be in place by March 10, 2005.
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-18

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7.5.1 Stormwater Management Options
The City of Newton's post -construction program will apply to all new development projects that cumulatively disturb
one acre or more, and to projects less than an acre that are part of a larger common plan of development or sale.
The program will also apply to all redevelopment projects that cumulatively disturb one acre or more and to projects
less than an acre that are part of a larger common part of development or sale. The projects must apply for permit
coverage as a low or high -density project.
' 7.5.1.1 Low Density Projects
The definition of low -density projects is given within SWU-268-103102. Within the City of Newton, most development
exceeds the low -density thresholds. In order to determine what types of development are taking place and where the
development is taking place, it is the City's intention to first separate the City into drainage areas and then to examine
each area to determine the types of development taking place. These results will aid the City in the development of
rthe Post -Construction Ordinance.
7.5.1.2 High Density Projects
Criteria for high -density projects (projects that exceed the low -density threshold) are also given in the State's
Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268-103102). Within
the City of Newton, most development is high -density. As with the low -density projects, the City will analyze each
drainage area separately to determine where development is occurring and any effects it may be having on water
quality.
7.5.2 Operation and Maintenance
In order for the post -construction program to be successful, an operation and maintenance component must be
developed that ensures the long-term operation of required structural BMPs. A requirement will be developed as part
of the post -construction ordinance that requires owners of permitted structural BMPs to submit an annual
maintenance inspection report on each structure. The requirement will also specify that the inspections must be
conducted by qualified professionals and that the inspection report must be signed and certified by the owner. Failure
to comply with this requirement will result in penalties adopted as part of the post -construction ordinance.
7.5.3 Control of Fecal Coliforms
Water polluted by human or animal waste can harbor numerous pathogens that may threaten human health. Since
routine tests for individual pathogens are not practical, fecal coliform bacteria are widely used as an indicator of the
potential presence of disease -causing microorganisms. Fecal coliforms are bacteria typically associated with the
intestinal tract of warm-blooded animals and their number is generally assumed to be correlated with the number of
pathogens in a water sample. They enter surface waters from a number of sources including failing on -site
wastewater systems, broken sewer lines, improperly treated discharges of domestic wastewater, improperly
designed or managed animal waste facilities, and wild animals.
Several general management strategies for addressing fecal coliform contamination include:
Maintenance and repair of sanitary sewer lines by WWTP authorities.
Elimination of piped unpermitted discharges of home waste (also known as "straight piping").
Encouragement of local health departments to routinely monitor waters known to be used for body contact
recreation (e.g., swimming and tubing).
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-19

11
I
There are no water bodies impaired for fecals within the City of Newton. However, septic tanks are used in the City
where citizens live outside of the service area of the wastewater treatment plant. Within Catawba County, the
Catawba County Environmental Health Division is responsible for permitting new septic tanks within the County, and
also for issuing repair permits to repair or replace existing septic systems. The County also performs regular well
testing and has detected no problems with fecal contamination in the groundwater.
The City of Newton is consistently searching for funding opportunities through grants to connect more residents to
the sanitary sewer system and reduce the need for septic tank use. In addition, the City's storm sewer overflow policy
outlines policies and procedures in the event of a sanitary sewer spill to minimize impacts.
7.5.4 Additional Requirements for SA Waters
There are no SA waters within the Catawba basin. Therefore, these requirements do not apply to the City of Newton.
7.5.5 Additional Requirements for Trout Waters
There are no designated trout jr) waters within the Catawba basin. Therefore, these requirements do not apply to
the City of Newton.
7.5.6 Additional Requirements for Nutrient Sensitive Waters
There are no Nutrient Sensitive Waters (NSW) within the Catawba basin. Therefore, these requirements do not apply
to the :City of Newton.
7.5.7 Comprehensive Watershed Plans
The City of Newton plans to split the City into smaller management units (based on drainage area). A map of these
areas is included in Appendix D. The areas will then be prioritized for investigation based on any identified water
quality impairments or heavily developing areas. The areas will then be evaluated separately to determine the most
' effective BMPs (structural or non-structural) to be implemented in each area based on the types of development
occurring and any water quality concerns.
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According to the State's 2000 303(d) list, Clark Creek is impaired in several areas within Catawba County. The cause
of impairment is listed as hydra -modification, and the priority is low. The waters are affected by pollution and
therefore TMDLs are not appropriate. The potential source for the pollution is intentional channelization. The City of
Newton will recognize these concerns within each drainage area as needed.
7.5.8 BMP Summary Table
BMP
.. .... ,
w
pg. Sr ny�.+�
h
'
Measrable Goals 'o''
Z�
a _ F
- -. :::m
�Y
1�
Yr"
V.,
yr
4,
5
R, s o sidle
.
, Part (Position _.�_,
1
Post -Construction
Develop a post -construction ordinance that
X
X
X
X
X
Planning
Ordinance
addresses both high and low -density
Director/Asst. City
projects and BMP requirements
Manager
2
Fecal Coliform
Coordinate with Catawba County Health
X
X
X
Planning
Control
Department to develop a program to
Director/Asst. City
address pollution from septic tanks
Manager
3
Non -Structural BMPs
Provide training for developers and City
X 1
X
X
Planning
staff
Director/Asst. City
Manager
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-20

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1
BN1P�
Measurable,Goals �X
YK
Yr�
Yr. ��
�allr
F Y
};5
;Responsible �;r
:", Pam` IPasition
4
Structural BMPs
Review and revise the State's BMP
X
X
Planning
Manuel as necessary to satisfy Newton's
Director/Asst. City
unique development needs.
Manager
5
Operations and
Develop operations and maintenance
X
X
X
X
X
Planning
Maintenance
requirements for BMPs (to be included in
Director/Asst. City
thepost-construction ordinance)
Manager
7.5.9 Non -Structural BMPs
Non-structural BMPs are management measures that prevent degradation of water resources at the source, rather
than treating runoff that has already been polluted. Non-structural practices can include a variety of site -specific and
regional practices, including street sweeping, illicit connection location and elimination, public education and
outreach, land use modifications to minimize the amount of imperious surface area, waste collection, and proper
materials storage. While non-structural practices play an invaluable role in protecting surface waters, they are not as
easily quantified as structural BMPs.
7.5.9A Policies and Ordinances
The City of Newton has been and will continue to explore the possibility of implementing a buffer ordinance.
7.5.9.2 Policies and Ordinances to Encourage Infill Development in Higher -Density Urban Areas
The City of Newton currently uses its zoning and subdivision ordinances as well as its utility extension policy to
influence where development occurs. It is anticipated that the City will review its ordinances and policies to determine
their effectiveness in encouraging infill development and will adjust or amend them to more adequately address
stormwater control issues related to development.
7.5.9.3 Education Programs
An important piece in the post -construction program is training for developers. Since they will be the persons most
affected by these new post -construction regulations, it is imperative that they have a good understanding of what will
be required with the new regulations. The City of Newton will provide informal training for developers on the new
regulations and design requirements. The training will take place before the new regulations and implemented.
7.5.9.4 Other Measures
The City of Newton Fire Department is the first respondent to a hazardous materials spill. All Fire Department staff
members are trained to the Operations level for spill response. The Department's policy states that any spill over 5
gallons must be reported to the Catawba County Emergency Management Team, which has a mobile response unit
that is kept at various fire stations throughout the County. The Catawba County Emergency Management Team is
backed up by the Regional Response Team, located in Thomasville. Since most spills are due to roadway accidents,
hazardous materials commonly end up in the storm sewer system. The Department is responsible for keeping the
material from spreading to additional areas or to nearby storm drains. The Fire Department owns a truck will booms,
bails, and absorbents, which can be used for the plugging and dyking of leaks. All of these measures help ensure
that hazardous materials do not infiltrate the storm drainage systems in the City.
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-21

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7.5.10 Structural BMPs
Structural BMPs are physical structures designed to remove pollutants from stormwater runoff, reduce downstream
erosion, provide flood control, and promote groundwater recharge. Structural BMPs differ from non-structural BMPs
in that they include engineering design and construction.
The City of Newton will recommend appropriate structural BMPs for each individual drainage area within the City
based on the types of development that are currently taking place. It is anticipated that recommended BMPs will
include wet detention ponds, wet extended detention ponds, stormwater wetlands, shallow wetlands, pondlwetiand
systems, bioretention areas, sand filters, infiltration trenches, and enhanced dry swales. The City intends to use the
State's BMP Manuel for recommending appropriate BMPs to developers. The City will make revisions to this
document as necessary to suit the cty's unique development needs.
7.5.11 Regulatory Mechanism
It will be necessary for the City of Newton to develop an ordinance to address post -construction runoff. The
ordinance will include requirements for low and high density projects, operations and maintenance requirements, and
structural and non-structural BMP requirements. This ordinance will be developed in accordance with the schedule
presented in the BMP Summary Table.
7.5.12 Operation and Maintenance of BMPs
Long-term maintenance of BMPs is essential for program success. Therefore, the City of Newton will develop, as part
of the post -construction ordinance, a long-term operation and maintenance plan for BMPs. The City will explore the
possibility of an up -front fee for developers in order to pay in advance for maintenance of BMPs. The City is
concerned that it will be difficult to enforce an agreement made with developers to maintain BMPs annually, and that
it would take much staff time and effort to ensure the maintenance was taking place. Instead, the City may take on
the maintenance of the facilities themselves and require developers to pay in advance for this service. The Co will
explore their options and include in the post -construction ordinance the operation and maintenance plan that is
determined to be the City's best option.
7.5.13 Decision Process
NPDES Phase II requirements have necessitated the development of a post -construction stormwater management
program for the City of Newton. The City currently has no post -construction requirements in place, and City leaders
have made it a priority to have a fully functional program in place by March 2005. Even though this is a tight deadline
to achieve, the City is fully willing to appropriate the required staff and resources to meet this date.
The first step in development of the program will be to prioritize the drainage areas within the City. These areas will
be investigated and master planning of each area will provide specific information about different areas of the City.
This will allow City planners to designate any specific priority areas for the program. In addition, the master planning
activities will allow for area -specific BMPs to be implemented. Once the areas have been identified, a decision path
will be created to select appropriate BMPs.
An important part of this program will be training, both for City staff and for developers. Since these regulations are
new and many have had no experience with them, training will begin early in order to ensure that all individuals
affected by the new regulations have had sufficient training.
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-22

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7.5.14 Evaluation
The main measure of success will be the development and implementation of the post -construction program by the
accelerated deadline of March 2005. The development of a comprehensive ordinance will be another measure of
success, since it will involve many different individuals from various departments. Other measures of success will be
the completion of program tasks within the designated year for completion. For a detailed outline of measurable tasks
refer to section 7.5.8.
7.6 Pollution Prevention/Good Housekeeping for Municipal
Operations
The final minimum measure required by the NPDES Phase 11 program involves the examination and possible
alteration of municipal operations for good housekeeping and pollution prevention measures. This measure requires
that municipalities evaluate their actions to ensure a reduction in the amount and type of pollution that accumulates
on streets, parking lots, open spaces, and storage and vehicle maintenance areas that discharge into local water
bodies. In addition, this measure requires an evaluation of results from land development actions that may contribute
to pollutants in stormwater runoff. The primary intent of the EPA with this measure is to improve and protect water
quality by altering the performance of municipal operations. However, the EPA also feels that this measure could also
result in increased cost savings for municipalities through proper and timely maintenance of storm sewer systems.
To comply with this control measure, the City will be required to address the following requirements:
• Develop an operation and maintenance program with the objective of preventing or reducing pollutant runoff
from municipal operations into the City's storm sewer system.
• Include training of City operations personnel on how to incorporate pollution prevention 1 good housekeeping
techniques into City operations. This could include park and open space maintenance, fleet and building
maintenance, new construction and land disturbances, and stormwater system maintenance.
' 7.6.1 BMP Summary Table
I
7
LI
LL
I-VIBM!w--
Measur"ableG'oals ��
Ra.
" Y�
12
Yr
Yr
3
Yr
4
. Y
5osian
1ParpResponsible
r
1
Training
Provide good housekeeping I pollution
X
X
Public
prevention training for staff
Works/Utilities
Director
2
Maintenance and
Development of a program to inspect and
X
X
X
Public
Inspections
repair City -owned storm drainage
Works/Utilities
infrastructure
Director
3
Vehicular Operations
Deficiencies associated with vehicular
X
X
Public
maintenance shall be identified and
Works/Utilities
corrected
Director
4
Other Operations
Any other illicit discharges located on City
X
Public
property will be addressed
Works/Utilities .
Director
5
Ordinances
Existing ordinances pertaining to Phase 11
X
X
X
X
Public
Good Housekeeping and Pollution
Works/Utilities
Prevention regulations will be reviewed
Director
_
and amended as necessary
1
City of Newton, North Carolina
March 2003 5tormwater Management Program Report 7-23

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�� '
''BMP r
Measurabf�$Goals ��
YrY'
Y,r�
2 ,.a�,,P,,a
Yr��4j'!P
r��1
�plPosition';
6
NPDES Industrial
A Notice of Intent will be developed for a
X
Public
Permit
stormwater pollution prevention plan that
Works/Utilities
will be developed for the Public Works
Director
facility and the WWTP in order to obtain an
NPDES industrial permit for each site
7.6.2 Affected Operations
Maintenance Facilities
The City of Newton maintains a maintenance facility at the Public Works complex. This facility does not currently
have an industrial permit or stormwater pollution prevention plan. The City will be obtaining an industrial permit for
this facility and implementing a stormwater pollution plan. In addition to the public works facility, maintenance
facilities exist at the Police and Fire Departments. However neither of these locations requires a separate industrial
permit.
Existing Municipal NPDES Permits
The City of Newton maintains NPDES permit coverage for its municipally owned industries. NPDES permit number
NCO36196 currently covers treated effluent from the Clark Creek wastewater treatment plant. The wastewater
treatment plant will also have to submit a Notice of Intent and develop a stormwater pollution plan for that facility.
7.6.3 Training
The City must establish a training program for their staff regarding the importance of stormwater pollution prevention
and good housekeeping. Currently City staff members receive no specific good housekeeping training. Rather, most
practices are learned on the job. EPA recommends training for staff members who deal with parks and open space,
the fleet maintenance center, new construction, and MS4 maintenance. A group program will be presented to City
staff members regarding good housekeeping practices and procedures. In addition, available resources and
materials from the EPA and NCDENR will be used where appropriate for training.
7.6.4 Maintenance and Inspections
11 Maintenance Facilities
The City currently recycles used motor oil and antifreeze from City fleet vehicles. Used batteries are exchanged with
a local battery vendor, tires are recycled and shredded at the landfill, and other recyclables (plastic, cardboard, and
paper) are collected by the City. An oil -water separator is located in the wash pit at the Public Works maintenance
facility. Barrels are clearly marked and materials such as paint are stored. in their own separate location. Salt and
sand piles are covered, and fueling stations are covered as well. These measures all indicate that the City of Newton
has been proactive in adopting policies and practices for municipal operations that benefit water quality in the
community.
Street Sweeping and Washing
The goal of the City of Newton's street sweeping program is to address both aesthetic and water quality issues. The
goal is accomplished by distributing various levels of service throughout the business and neighborhood community
areas. The street -sweeper also has an attachment to clean catch basins that can be utilized if needed. Streets are
washed as necessary to remove dirt and debris.
City of Newton, North Carolina
March 2003 5tormwater Management Program Report 7-24

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Stormwater System Maintenance
The City of Newton does not currently have a formal program to clean storm sewer inlet structures or pipes. The
portion of the conveyance system that is maintained is within the City's right-of-way. Currently, the infrastructure is
maintained by the City's Street Department as problems are reported by residents or noted in the field by City
personnel. Typical maintenance includes driveway culvert installation and clean out, ditch maintenance, catch basin
repairs and clean out, and headwall maintenance. In addition, downtown -area catch basins are cleaned once per
month and others are cleaned on an as -needed basis.
As part of the Phase I I program, Newton will develop and implement a program to periodically inspect City -owned
storm drainage infrastructure and correct any deficiencies found. By removing blockages and debris and correcting
deficiencies to the system, this program will reduce floatables and other pollutants to the MSG. A schedule for
inspecting the City -owned infrastructure will be developed as part of this program.
7.6.5 Vehicular Operations
As mentioned previously, the City recycles used oil, batteries and antifreeze from City -owned vehicles.
City owned vehicles, with the exception of police and fire vehicles, are washed at the Public Works facility. At the
present time the drain in the wash area is an illicit connection that drains to a local stream. This illicit connection will
be addressed.
Fire Department trucks and bays are washed once per week and drain into the storm drains. Preventative
maintenance is performed on trucks once per week, and it is estimated that one-half to one quart of oil is lost into the
storm drains each time this maintenance is performed. This practice will be addressed by the City's good
housekeeping program.
7.6.6 Waste Disposal
Street sweepings that are collected (grass and leaves) are taken to the landfill along with other street litter. Wastes or
fluid leaks from accidents or spills are picked up by disposal companies that specialize in that type of waste
collection. On the days that the sweepers finish after the landfill closes, the sweepings that have been collected are
either stored in a concrete bin at the maintenance facility or are left in the sweeper. No sweepings or any other type
of wastes are stored on the ground at any time.
7.6.7 Flood Management Projects
Flooding is not a major concern in Newton, in part due to the City's implementation of a Flood Damage Prevention
Ordinance and strict regulation of development in floodplain areas. As a result, the City has not and does not
currently plan to construct any flood management projects. If in the future these types of projects are implemented,
they must comply with the regulations set forth in the Flood Damage Prevention Ordinance (see Appendix E).
7.6.8 Existing Ordinances
The City of Newton's Code of Ordinances contains several sections that relate in some way to stormwater. These
sections include: Chapter 13 — Garbage, Refuse and Weeds, Chapter 22 — Streets and Sidewalks, Chapter 18A —
Parks, and Chapter 25 — Waters and Sewers. In addition Newton has in place a Storm Drain Policy (see Appendix F).
The Storm Drain Policy addresses many of the current stormwater issues but will be evaluated to address Phase 11
requirements. As mentioned above, the Flood Damage Prevention Ordinance regulates development within
floodplain areas, and the Sediment and Erosion Control Ordinance regulates runoff resulting from site development.
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-25

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7.6.9 Other Evaluations
As a part of this evaluation, parks and recreation facilities will also be inspected to identify any possible illicit
discharges.. Within the City parks, creeks are cleaned as needed and all employees are licensed for
pesticidelherbicide application.
7.6.10 Decision Process
The City of Newton realizes that implementing a successful stormwater quality program affects all levels of municipal
operations. Therefore, City leaders are committed to devising and implementing a Good Housekeeping 1 Pollution
Prevention Program to address municipal operations. City programs and operations will be evaluated, illicit
discharges located on City -owned properties will be identified and addressed if necessary, existing ordinances will be
evaluated and altered as needed, and necessary training will be provided for staff. See the BMP Summary Table in
Section 7.6.1 for more information.
7.6.11 Evaluation
As stated above, the BMPs listed in the Pollution Prevention/Good Housekeeping BMP Summary Table located in
Section 7.6.1 will be evaluated annually for compliance. In addition, the number of staff members trained annually will
be submitted as part of the annual report. Also included in the annual reports in the referenced year will be the
maintenance programs developed for storm drainage infrastructure and the number and types of deficiencies
corrected.
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-26

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City of Newton, North Carolina
Organization Chart
January 2003
City Council
Wayne Dellinger, Mayor City Attorney
Bob Mullinax, Mayor Pro Tem Lary Pitts
Boards and Commissions
Appearance Commission
Tim Elliott, Council Member
t
Board of Adjustment
Revonda Seitz, Council Member
Downtown Revitalization Commission
Roy Johnson, Council Member
Festival and Events Committee
Tom Rowe, Council Member
Off -Street Parking Committee
Al Gaither, Council Member
Pants and Recreation Commission
Planning Commission
Police Advisory Board
Subdivision Review Board
City Manager City Clerk
Edward Burchins Rita Williams
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1
Recreation Director Fire Chief Police Chief Finance Planning
Sandra Waters Kevin Yoder David Dial Director Director/Asst. City
Jim Manager
Baker Glenn Pattishall,AICP
City Planner
Alex Fulbright
Public
Information
Director
Bootsie Roberts
HR Director
Teresa Laffon
Amanda L. Munday
Public Works Exe.
Asst.
Deputy City Clerk
Bootsie Roberts
Public Works/Utilities
Director
Martin D. Wilson
Asst. PWIU Director
Doug Wesson
Street
Maintenance
Supervisor
Mark Herman

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Appendix B
I Waters of the US & Drainage Areas Within the City of Newton
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Appendix C
1 City of Newton's Soil Erosion and Sedimentation Control Ordinance
1
1

�. ORDINANCE NO. 2000.30
AN ORDINANCE TO PROVIDE FOR THE CONTROL OF SOIL EROSION AND
SEDIMENTATION.
ITHEREFORE, BE IT ORDAINED by the Board of Aldermen of the City of Newton that:
' Section 1. Title
This ordinance may be cited as the City of Newton Soil Erosion and Sedimentation
Control Ordinance,
1 Section 2. Pumposes
This ordinance is adopted for the purposes of:
a. regulating certain land -disturbing activity to control accelerated erosion and
sedimentation in order to prevent the pollution of water and other damage to
' lakes, watercourses, and other public and private property by sedimentation; and
b. establishing procedures through which these purposes can be fulfilled.
Section 3. Definitions
As used in this ordinance, unless the context clearly indicates otherwise, the
following definitions apply:
a. Ac ele ated E oslon - means any increase over the rate of natural erosion as a
result of land -disturbing activity.
' b. Act - means the North Carolina Sedimentation Pollution Control Act of 1973 and
all rules and orders adopted pursuant to it.
'
c.
Adequate Erosion Control_ Measure_ Structures or, Device - means one which controls
the soil material within the land area under responsible control of the person
conducting the land -disturbing activity.
d.
Affiliate - a person that directly, or indirectly, through one or more
intermediaries, controls, is controlled by, or is under common control of another
person.
e.
Authorized Registered Professional,. - a person registered, licensed, or certified
pursuant to the North Carolina General Statutes and authorized by law to prepare
the analysis, plans and specifications, and provide the certifications required
by the various provisions of this chapter.
f.
B___5 - a mild to steep rise of land which borders and confines the flow of storm
waters or floodwaters and conveys them to some ownstream discharge point; not
e
a financial institution.
g.
Being Conducted - means a land -disturbing activity has been initiated and
permanent stabilization of the site has not been completed.
h.
Borrow - means fill material which is required for on -site construction and 'is
obtained from other locations.
1

i.
Buffer -- an area of natural or planted vegetation, or an area of such vegetation
_
in conjunction with berms, fences, or walls serving as a separation between two
(2) areas or land uses (see also "Buffer Yard").
j.
Buffer Yard - a linear strip of land combined with a vertical element such as
plants, berms, fences, or walls, which physically separates and screens
incompatible land uses.
k.
Buffer Zone - means the strip of land adjacent to a lake or natural watercourse.
1
1.
Commission - means the North Carolina Sedimentation Control Commission.
tM.
Completion of Construction_ orDev_elopment means that no further land -disturbing
activity is required on a phase of a project except that which is necessary for
establishing a permanent ground cover.
'
n.
Department - means the North Carolina Department of Environment, and Natural
Resources.(NCDENR)
'
o.
Developer -- a person or persons undertaking any or all the activities covered by
this chapter, or for whose benefit such activities are commenced or carried on.
p.
Development - any human change or alteration to the unimproved or improved state
'
of land, including, but not limited to changes or alteration to vegetation, soil,
geology, hydrology, buildings or other structures for any residential,
commercial., industrial, utility, or other uses, including, but not limited to,
'
all areas for vehicular access, circulation, and parking and including, but not
limited to, mining, dredging, filling, grading, paving, excavating and drilling
operations and arty subdivision of land.
'
q.
Director - means the Director of the Division of Land Resources of the North
Carolina Department of Environment, and Natural Resources. (NCDENR)
r.
Discharge Pg nt - means that point at which runoff leaves a tract of land.
S.
District - means the Catawba County Soil and Water Conservation District and
Water Conservation District created pursuant to Chapter 139, North Carolina
General Statutes.
t.
Energy Dissinator -- means a structure or a shaped channel section with mechanical
armoring placed at the outlet of pipes or conduits to receive and break down the
energy from high velocity flow.
Erosion - means the wearing away of land surface by the action of wind, water, gravity,
or any combination thereof.
'
Extraterritorial Planning Jurisdictions - means the area outside of municipal corporate
limits as prescribed in NCGS 160A-360.
W.
Ground cover, - means any natural vegetative growth or other material which
renders the soil surface stable against accelerated erosion.
X.
HLmh Quality Waters -- means those classified as such in 15A NCAC 2B.0101(e) (5) -
General Procedures, which is incorporated herein -by reference to include further
amendments pursuant to G.S. 150E-14(a)
Y.
High Quality Water (EW) zones - means areas in the Coastal Counties that are
within 575 feet of High Quality Waters and for the remainder of the state areas
e
that are within one mile and drain to HQW'S.

I
z. Lake or Natural Watercourse - means any stream, river, brook, swamp, sound, bay,
creek, run, branch, canal, waterway, estuary, and any reservoir,' lake or pond,
natural or impounded, in which sediment may be moved or carried in suspension,
and which could be damaged by accumulation of sediment.
aa.
Land -disturbing Activity - means any use of the land by any person in
residential, industrial, educational., institutional, or commercial development,
highway and road construction and maintenance that results in a change in the
natural cover or topography and that may cause or contribute to sedimentation.
bb.
Local_ Government - means any county, incorporated village, town, or city, or any
combination of counties, incorporated villages, towns, and cities, acting through
a joint program pursuant to the provisions of the Act.
CC.
Natural Erosion - means the wearing away of the earth's surface by water, wind,
or other natural agents under natural environmental conditions undisturbed by
man.
dd.
Parent.- an affiliate that directly, or indirectly, through one or more
intermediaries, controls another person.
ee.
PeKsgn - means any individual, partnership, firm, association, joint venture,
public or private corporation', trust, estate, commission, board, public or
private institution, utility, cooperative, interstate body, or other legal
1
entity.
ff. Person Condu tin Landjst-urJbing Activity means any person as defined herein who
may be held responsible for a violation unless expressly provided otherwise by
this ordinance, the Act, or any order adopted pursuant to this Ordinance or the
Act.
gg. Person Responsible for the vioJatio- as used in this ordinance, and G.S. 113A--
64, means:
(a) the developer or other person who has or holds himself out as having
financial or operational control over the land -disturbing activity; or
(b) the landowner or person as defined herein in possession or control of the
land when he has directly or indirectly allowed the land -disturbing
activity or has benefitted from it or he has failed to comply with any
provision of this Ordinance, the Act, or any order adopted pursuant to
this Ordinance or the Act as imposes a duty upon him.
hh. Phase of Grading - means one of two types of grading, rough or fine.
1 ii. Plan - means an erosion and sedimentation control plan.
jj. PlanningjAsst. CityManagex - the Planning Director/Asst. City Manager of the
City of Newton, North Carolina, or his/her staff member delegated with the
' authority and responsibility to administer this chapter. Any act authorized by
this chapter to be carried out by the Planning Director/Asst. City Manager is,
by implication, authorized to be carried out by his/her designee.
kk. Sediment - means solid particulate matter, both mineral and organic, that has
been or is being transported by water, air, gravity, or ice from its site of
origin_
' 11.. Sed mentat.ion - means the process by which sediment resulting from accelerated
I

erosion has been or is being transported off the site of the land -disturbing
activity or into a lake or natural watercourse.
mm. Siltation - means sediment resulting from accelerated erosion which is settleable
or removable by properly designed, constructed, and maintained control measures;
and which has been transported from its point of origin within the site of a
land -disturbing activity; and which has been deposited, or is in suspension in
water.
an. Storm Drainage Facilities - means the system of inlets, conduits, channels,
ditches and appurtenances which serve to collect and convey storm water, through.
and from a given drainage area..
oo. Storm Water_ Runoff means the direct runoff of water resulting from precipitation
in any form.
' pp. Subsidiary - an affiliate that is directly, or indirectly through one or more
intermediaries, controlled -by another person.
qq.
Tgn--Rear storm - means the surface runoff resulting from a rainfall of an
intensity expected to be equaled or exceeded, on the average, once in ten years,
and of a duration which will produce the maximum peak rate of runoff, for the
watershed of interest under average antecedent wetness conditions.
rr.
Tract - means all contiguous land and bodies of water being disturbed or to be
disturbed as a unit, regardless of ownership.
ss.
Twenty-five Year Storm - means the surface runoff resulting from a rainfall of
an intensity expected to be equaled or exceeded, on the average, once in 25
years, and of a duration which will produce the maximum peak rate of runoff, from
the watershed of interest under average antecedent wetness conditions.
tt.
Uncovered - means the removal of ground cover from, on, or above the soil
surface.
'
uu.
Undertaken - means the initiating of any activity, or phase of activity, which
results or will result in a change in the ground cover or topography of a tract
of land.
VV.
Velocity - means the average velocity of flow through the cross section of the
main channel at the peak flow of the storm of interest. The cross section of the
main channel shall be that area defined by the geometry of the channel plus the
area of flow below the flood height defined by vertical lines at the main channel
banks. overload flows are not to be included for the purpose of computing
velocity of flow.
ww.
Violation - the failure of a use, structure, or other development to comply with
the regulations set forth in this chapter. A use, structure, or other
development without the elevation certification, other certifications, or other
evidence of compliance required is presumed to be in violation until such time
as that documentation is provided.
xx.
Waste - means surplus materials resulting from on -site construction and disposed
'
of at other locations.
yy.
Working Dams - means days exclusive of Saturday and Sunday during which weather
conditions or soil conditions permit land disturbing activity to be undertaken.
4

Section 4
Scone and Exclusions
This
ordinance shall not apply to the Following land -disturbing activities:
a.
activities, including the breeding and grazing of livestock, undertaken on
agricultural land for the production of plants and animals useful to man,
including, but not limited to:
'
1. forages and sod crops, grains and feed crops, tobacco, cotton, and
peanuts.
2. dairy animals and dairy products.
3. poultry and poultry products.
4. livestock, including beef cattle, sheep, swine, horses, ponies, mules, and
goats.
5. bees and apiary products.
6. fur producing animals.
'
b.
activities undertaken on forest land for the production and harvesting of timber
and timber products and conducted in accordance with best management practices
set out in Forest Practice Guidelines Related to Water Quality, as adopted by the
'
North Carolina Department of Environment, & Natural Resources. If land -
disturbing activity undertaken on forest land for the production and harvesting
of timber and timber products is not conducted in accordance with Forest Practice
Guidelines Related to Water Quality, the provisions of this ordinance shall apply
'
to such activity and any related land -disturbing activity on the tract.
c,
activities for which a permit is required under the mining Act of 1971, Article
7 of Chapter 74 of the General Statutes.
d.
land -disturbing activity over which the State has exclusive regulatory
jurisdiction as provided in G.S. 113A-56(a).
for
the duration of an emergency, activities essential to protect human life.
individual grave sites.
Section 5
General Rectirements
'
a.
Rlan_Reguired - No person shall initiate any land --disturbing activity, within the
Corporate limits of the Extraterritorial Planning Jurisdiction 'of the City of
Newton, which uncovers more than one acre without having an erosion control plan
'
approved by the City of Newton.
b.
Protection of Property - Persons conducting land -disturbing activity shall take
all reasonable measures to protect all public and private property from damage
caused by such activity.
C.
More Restrictive Rules Shall Apply - Whenever conflicts exists between federal,
state, or local laws, ordinance, or rules, the more restrictive provision shall
apply -
Section 6
Rasac Control Objectives
'
An erosion
and sedimentation control plan may be disapproved pursuant to Section 17 of
this
ordinance if the plan fails to address the following control objectives:
.
a.
Identify Critical Area - on -site areas which are subject to severe erosion, and
off -site areas which are especially vulnerable to damage from erosion and/or
5

sedimentation, are to be identified and receive special attention.
' b. Limit Time of Exposure - All land -disturbing activity is to be planned and
conducted to limit exposure to the shortest feasible time.
C. Limit Exposed Areas - A11 land -disturbing activity is to be
planned and conducted
to minimize the size
of the area to be exposed at any one
time.
d. Control Surface Water
- Surface water runoff originating upgrade of exposed areas
should be controlled
to reduce erosion and sediment loss
during the period of
exposure.
I
e. Control _Sedimentation - All land -disturbing activity is to be planned and
conducted so as to prevent off -site sedimentation damage.
f . Manage Storm Water Runoff - When the increase in the velocity of storm water
' runoff resulting from a land -disturbing activity is sufficient to cause
accelerated erosion of the receiving watercourse, plans are to include measures
to control the velocity to the point of discharge so as to minimize accelerated
erosion of the site and increased sedimentation of the stream.
section 7 Mandatory Standards for Land- di.sturbi rig Activi
No land -disturbing activity subject to the control of this ordinance shall be
undertaken except in accordance with the following mandatory standards:
a. Buffer zone
1. No land -disturbing activity during periods of construction or improvement
to land shall be permitted in proximity to a lake or natural watercourse
unless a buffer zone is provided along the margin of the watercourse of
sufficient width to confine visible siltation within the twenty-five
percent (25%) of the buffer zone nearest the land -disturbing activity.
2. Unless otherwise provided, the width of a buffer zone is measured from the
edge of the water to the nearest edge of the disturbed area, with the 25
percent of the strip nearer the land -disturbing visible siltation.
b. Graded Slopes s1nd_Fills - The angle for graded slopes and fills shall be no
greater than the angle which can be retained by vegetative cover or other
adequate erosion control devices or structures. In any event, slopes left
' exposed will, within Fifteen (15) working days or Thirty (30) calendar days,
which ever is shortest, of completion of any phase of grading, be planted or
otherwise provided with ground cover, devices, or structures sufficient to
restrain erosion.
' C. Ground Coved - Whenever land -disturbing activity is undertaken on a tract
comprising more than one acre, if more than one acre is uncovered, the person
conducting the land -disturbing activity shall install such sedimentation and
erosion control devices and practices as are sufficient to retain the sediment
generated by the land -disturbing activity within the boundaries of the tract
during construction upon and development of said tract, and shall plant or
otherwise provide a permanent ground cover sufficient to restrain erosion after
completion of construction or development. Except as provided in Section 8 (b)
(5) of this ordinance, provisions for a ground cover sufficient to restrain
erosion must be accomplished within 15 working days or 90 calendar days following
completion of construction or development whichever period is shorter.

d. Prior Plan Approval - No person shall initiate any land -disturbing activity on
a tract if more than one acre is to be uncovered unless,' thirty or more days
prior to initiating the activity, an erosion and sedimentation control plan for
such activity is filed with and approved by the City.
' Section 8 Design and Performance Standards
a. Ru of - Except as provided in Section 8 (b)(2) of this ordinance erosion and
sedimentation control measures, structures, and devices shall be so planned,
designed, and constructed as to provide protection from the calculated maximum
peak rate of runoff from the 10-year storm. Runoff rates shall be calculated
using the procedures in the USDA, Soil Conservation Service's "National
Engineering Field Manual for Conservation Practices", or other acceptable
calculation procedures.
b. High Ouality_Water (HQW)Znnes - In High Quality Water (HQW) zones the following
design standards shall apply:
1. Uncovered areas in HQW zones shall be limited at any time to a maximum
total area within the boundaries of the tract of 20 acres. Only the
' portion of the land -disturbing activity within a HQW zone shall be
governed by this section. Larger areas may be uncovered within the
boundaries of the tract with the written approval of the Planning
Director/Asst, City Manager or his designee.
2. Erosion and sedimentation control measures, structures, and devices within
HQW zones shall be so planned, designed and constructed to provide
protection from the run off of the 25-year storm which produces the
maximum peak rate of rum off as calculated according to procedures in the
United States Department of Agriculture Soil Conservation Service's
"National Engineering Field Manual for Conservation Practices" or
according to procedures adopted by any other agency of state of North
Carolina or the United States or any generally recognized. organization or
association.
' 3. Sediment basins within HQW zones shall be designed and constructed such
that the basin will have a settling efficiency of at least 70% for the 40
micron (0.04 mm.) size soil particle transported into the basin by the
runoff of that 25-year storm which produces the maximum peak rate of
runoff as calculated according to procedures in the United States
Department of Agriculture Soil Conservation Service's "National
Engineering Field Manual for Conservation Practices" or according to
' procedures adopted by any other agency of this state or the United States
or any generally recognized organization or association.
4. Newly constructed open channels in HQW' zones shall be designed and
constructed with side slopes no steeper than 2 horizontal to 1 vertical if
a vegetative cover is used for stabilization unless soil conditions permit
a steeper slope or where the slopes are stabilized by using mechanical
devices, structural devices or other acceptable ditch liners. In any
event, the angle for side slopes shall be sufficient to restrain
accelerated erosion.
Ground cover sufficient to restrain erosion must be provided for any
portion of a land -disturbing activity in a•HQW,zone within 15 working days
or 60 calendar days following completion of construction or development,
whichever period is shorter.
C. Fill _Mat,erital - Unless a permit from the North Carolina Department of

1
Environment, and Natural Resources Division of Solid Waste Management to operate
a landfill is on file for the affected site, acceptable fill material shall be
free of organic or other degradable materials, masonry, concrete, and brick, in
sizes exceeding twelve (12) inches, and any materials which would Cause the site
to be regulated as a Landfill by the State of North Carolina.
Section 9 Storm Water Outlet_ Protection
a. Persons shall conduct land -disturbing activity so that the post construction
velocity of the 10-year storm runoff in the receiving watercourse to the
discharge point does not exceed the greater of:
1. the velocity established by the table in Paragraph (d) of this Section; or
2. the velocity of the 10-year storm runoff in the receiving watercourse
prior to development.
If conditions (1) or (2) of this Paragraph cannot be met, then the
receiving watercourse to and including the discharge point shall be
designed and constructed to withstand the expected velocity anywhere the
velocity exceeds the "prior to development" velocity by 1096.
b. 2cc stable Management Measures' -- Measures applied .alone or in combination to
satisfy the intent of this section are acceptable if there are no objectionable
secondary consequences. The City recognizes that the management of storm water
runoff to minimize or control downstream channel and bank erosion is a developing
technology. Innovative techniques and ideas will be considered and may be used
when shown to have the potential to produce successful results. Some
alternatives are to:
(1) avoid increases in surface
runoff volume and velocity by including
'
measures to promote infiltration to compensate for increased runoff from
areas rendered impervious,
(2) avoid increases in storm water
discharge velocities by using vegetated or
roughened swales and waterways
in lieu of closed drains and high velocity
paved sections,
(3) provide energy dissipators at outlets of storm drainage facilities to
reduce flow velocities to the
point of discharge. These may range from
simple rip -rapped sections to
complex structures,
(A) protect watercourses subject
to accelerated erosion by improving cross
sections and/or providing erosion resistant lining.
C. Exceptions - This rule shall not apply where it can be demonstrated that storm
water discharge velocities will not
create an erosion problem in the receiving
watercourse.
'
d. The following is a table for maximum permissible velocity for storm water
discharges:
'Maximum
Permissi vel c't'es
Material
F.P.S. M.P_S.
Fine sand (noncolloidal)
2.5 .8
Sandy loam (noncolloidal)
2.5 .8

Silt loam (noncolloidal) 3.0 .9
Ordinary Firm loam 3.5 1.1
Fine gravel 5.0 1.5
Stiff clay (very colloidal) 5.0 1.5
Graded, loam to cobbles 5.0 1.5
(noncolloidal)
Graded, silt to cobbles 5.5 1.7
(colloidal)
Alluvial silts (noncolloidal) 3.5 1.1
' Alluvial silts (colloidal) 5.0 1.5
Coarse gravel (noncolloidal) 6.0 1.8
Cobbles and shingles 5.5 1.7
Shales and hard pans 6.0 1.8
Source Adapted from recommendations by Special committee on Irrigation
Research, American Society of Civil Engineers, 1926, for channels with straight
' alignment. For sinuous channels, multiply allowable velocity by 0.95 for
slightly sinuous, by 0.9 for moderately sinuous channels, and by 0.8 for highly
sinuous channels.
Section 10 Bor-row _and Waste Areas
When the person conducting the land -disturbing activity is also the person conducting
the borrow or waste disposal activity, areas from which borrow is obtained and which
are not regulated by the provisions of the Mining Act of 1971, and waste areas for
surplus materials other than landfills regulated by the Department's Division of Solid
Waste Management shall be considered as part of the land -disturbing activity where the
borrow material is being used or from which the waste material originated. When the
person conducting the land -disturbing activity is not the person obtaining the borrow
and/or disposing of the waste, these areas shall be considered a separate land -
disturbing activity.
Section 11 Access ansft Haul Roads
' Temporary access and haul roads, other than public roads, constructed or used in
connection with any land -disturbing activity shall be considered a part of such
activity.
Section 12 QRpratigns in Lakes or Natural_Watercourses._
Eland -disturbing activity in connection with construction in, on, over, or under a lake
or natural watercourse shall be planned and conducted in such a manner as to minimize
the extent and duration of disturbance of the stream channel. The relocation of a
stream, where relocation is an as-sential part of the proposed activity, shall be
planned and executed so as to minimize changes in the stream flow characteristics,
' except when justification for significant alteration to flow characteristic is
provided_
Section 13 Res-nonsibili.ty for maintenance
During the development of a site, the person conducting the land -disturbing activity
shall install and maintain all temporary and permanent erosion and sedimentation
control measures as required by the approved plan or any provision of this Ordinance,
the Act, or any order adopted pursuant to this ordinance or the Act. After site
development, the landowner or person in possession or control of the land shall install
and/or maintain all necessary permanent erosion and sediment control measures, except
those measures installed within a road or street right-of-way or easement accepted for
maintenance by a governmental agency.

Section 14 Additional Measures.
*� Whenever the City determines that significant sedimentation is occurring as a result
of land --disturbing activity, despite application and maintenance of protective
practices, the person conducting the land -disturbing activity will be required to and
' shall take additional protective action.
Section 15 Existing uncovered Areas
a. A11 uncovered areas existing on the effective date of this ordinance which
resulted from land -disturbing activity, exceed one acre, are subject to continued
accelerated erosion, and are causing off -site damage from sedimentation, shall
be provided with a ground cover or other protective measures, structures, or
'
devices sufficient to restrain accelerated erosion and control off -site
sedimentation.
' b.
The City of Newton will serve upon the landowner or other person in possession
or control of the land a written notice of violation by registered or certified
mail, return receipt requested, or other means reasonably calculated to give
actual notice. The notice will set forth the measures needed to comply and will
state the time within which such measures must be completed. In determining the
measures required and. the time allowed for compliance, the authority serving
notice shall take into Consideration the economic feasibility, technology, and
quantity of work required, and shall set reasonable and attainable time limits
of compliance.
C.
The City reserves the right to require preparation and approval of an erosion
control plan in any instance where extensive control measures are required..
d.
This rule shall not require ground cover on cleared land forming the future basin
of a planned reservoir.
Section 16
Permits
a.
No person shall undertake any land -disturbing activity subject to this ordinance
without first obtaining a permit therefore from the City except that'no permit
shall be required for any land -disturbing activity:
e(1)
for the purpose of fighting fires; or
(2) for the stock piling of raw or processed sand, stone, or gravel in
material processing plants and storage yards, provided that sediment
'
control measures have been utilized to protect against off -site damage; or
(3) that does not exceed 20,000 square feet in surface area. In determining
'
the area, lands under one or diverse ownership being developed as a unit
will be aggregated.
(NOTE: THIS EXCLUSION FROM PERMITS SHOULD ALLOW LAND -DISTURBING ACTIVITIES
FOR CONSTRUCTION OF A SINGLE FAMILY RESIDENCE ON A SINGLE LOT, BUT MAY NOT.
EXCEED ONE ACRE.)
b. Permit fees shall be established in the Schedule- of Fees and Charges as adopted
by the Hoard of Aldermen and amended from time to time as necessary.
Section 17 E o ion and Sedimentatign Control plans
1 10

1
a. An erosion control plan shall be prepared for all land -disturbing activities
subject to this ordinance whenever the proposed activity is to be undertaken on
a tract comprising more than one acre, if more than one acre is to be uncovered.
The plan shall be filed with the City and a copy shall be simultaneously
submitted to the Soil and Water Conservation District, at least 30 days prior to
the commencement of the proposed activity.
b. Persons conducting land --disturbing activity on a tract which covers one or more
' acres shall file two copies of the erosion control plan with the City at least
30 days prior to beginning such activity and shall keep another copy of the plan
on file at the job site. After approving the plan, if, the City, either upon
review of such plan or on inspection of the job site, determines that a
significant risk of accelerated erosion or off -site sedimentation exists, the
City will require a revised plan. Pending the preparation of the revised plan,
work shall cease or shall continue under conditions outlined by the appropriate
authority.
C. Erosion control plans may be disapproved unless accompanied by an authorized
statement of financial responsibility and ownership. This statement shall be
signed by the person financially responsible for the land --disturbing activity or
his attorney in fact. The statement shall include the mailing and street
addresses of the principal place of business of the person financially
responsible and of the owner of the. land or their registered agents. if the
person financially responsible is not a resident of North Carolina, a North
Carolina agent must be designated in the statement for the purpose of receiving
notice of compliance or non-compliance with the plan, the Act, this ordinance,
' or rules or orders adopted or issued to this ordinance.
d. The Catawba County Soil and Water Conservation District shall review the plan and
submit any comments and recommendations to the City within 20 days after the soil
and water conservation district received the erosion control plan, or within any
shorter period of time as may be agreed upon by the soil and water conservation
district and the City. Failure of Conservation District to submit its comments
and recommendations within 20 days or within any agreed --upon shorter period of
time shall not delay final action on the plan.
e. The City will review each complete plan submitted to them and within 30 days of
' receipt thereof will notify the person submitting the plan that it has been
approved, approved with modifications, approved with performance reservations,
or disapproved. Failure to approve, approve with modifi- cations, or disapprove
a complete erosion and sedimentation control plan within 30 days of receipt shall
be deemed approval. Disapproval of a plan must specifically state in -writing the
reasons for disapproval The City must approve, disapprove with modifications, or
disapprove a revised plan within 15 days of receipt, or it is deemed to be
' approved. If, following commencement of a land -disturbing activity pursuant to
an approved plan, the City determines that the plan is inadequate to meet the
requirements of this ordinance, the City may require any revision of the plan
that is necessary to comply with this ordinance. Failure to approve, approve
with modifications, or disapprove a revised erosion control plan within 15 days
of receipt shall be deemed approval of the plan. The City may establish an
expiration date for erosion control plans approved under this ordinance.
f. Any plan submitted for a land -disturbing activity for which an environmental
document is required by the North Carolina Environmental Policy Act (G.S. 113A-1,
et seq.) shall be deemed incomplete until a complete environmental document 'is
available for review. The City shall promptly notify the person submitting the
plan that the 30 day time limit for review of the plan pursuant to Section 17(e)
I II

1
of this ordinance shall not begin until a complete environmental document is
available for review.
g.
The plan required by this section shall contain architectural and engineering
drawings, maps, assumptions, calculations, and narrative statements as needed to
adequately describe the proposed development of the tract and the measures
planned to comply with the requirements of this ordinance. Plan content may vary
to meet the needs of specific site requirements. Detailed guidelines for plan
preparation may be obtained from the City an request.
h.
The City may disapprove an.erosion control plan upon.a finding that an applicant,
or a parent, subsidiary, or other affiliate of the applicant:
(1) Is conducting or has conducted land -disturbing activity without an
approved plan, or has received notice of violation of a plan previously
approved by the Commission or a local government pursuant to the Act and
'
has not complied with the notice within the time specified in the notice;
(2) Has failed to pay a civil penalty assessed pursuant to the Act or a local
ordinance adopted pursuant to the Act by the time the payment is due.
(3) Has been convicted of a misdemeanor pursuant to G.S. 113A-64 (b) or any
criminal provision of a local ordinance adopted pursuant to the Act or;
(4) Has failed to substantially comply. with State rules or local ordinances
and regulations adopted pursuant to the Act. For purposes of this
subsection (h) an applicant's record may be considered for only the two
years prior to the application date.
i.
Applications for amendment of an erasion control plan in written and/or graphic
form 'may be made at any time under the same conditions as the original
application. . Until such time as said amendment is approved by the City, the land -
disturbing activity shall not proceed except in accordance with the erosion
control plan as originally approved.
Any person engaged in land -disturbing activity who fails to file a plan
inaccordance with this ordinance, or who conducts a land -disturbing activity
except in accordance with provisions of an approved plan shall be deemed in
violation of this ordinance.
k.
The approval of an Erosion Control Plan is conditioned on the applicant's
compliance with Federal and State water quality laws, regulations, and rules.
Section 18
Appeals
a.
Except as provided in Section 18 (b) of this ordinance the appeal of a disapproval
or approval with modifications of a plan shall be governed by the following provisions:
1. The disapproval or approval with modifications of an erosion control plan
by the City shall entitle the applicant to a public hearing, if the
applicant submits to. the Planning Director/Asst. City Manager a written
demand for a hearing within fifteen (15) days after receipt of written
notice of the disapproval or modification:
2. Hearings held pursuant to this section shall. be conducted by the City's
Erosion Control Plan Review Committee, composed -of the City Manager or -h-is
designee, the Planning Director/Asst, City Manager, Code Enforcement
Officer, and the City Public Works/Utilities Director. A written demand
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for the hearing shall be made to the Planning Director/Asst. City ManaCi er.
g
The hearing shall be held within ten (10) days after th6 receipt of a
request for a hearing.
3. The Erosion Control. Plan Review Committee shall make recommendations to
the Newton Board of Aldermen within ten (10) days after the date of the
hearing on any formal plan;
4. The Newton Board of Aldermen shall render its final decision on any plan
upon which a hearing has been requested within fifteen (15) days of
receipt of the recommendations from the Erosion Control Plan Review
Committee conducting the hearing;
5. The applicant shall have fifteen (15) days following the final decision by
the Newton Board of Aldermen to appeal that decision to the North Carolina
Sedimentation Control Commission (NCSC Commission) pursuant to N.C. Gen.
'
Stat. sec. 113A-61 0 and Title 15, NCAC 4B.00 1 B (d);
b.
In the event that an erosion control plan is disapproved pursuant to Section 17
(h) of this ordinance, the City shall notify the Director of the Division of Land
Resources of such disapproval within 10 days. The City shall advise the applicant
and the Director in writing as to the specific reasons that the plan was
disapproved. The applicant may appeal the City disapproval of the plan pursuant
to Section 17 (h) of this ordinance directly to the Commission.
Section 19
Inspections and_ Investigati_ona
a.
Agents, officials or other qualified persons authorized by the City will
periodically inspect land -disturbing activities to ensure compliance with the Act,
this ordinance, or rules or orders adopted or issued pursuant to this ordinance,
and to determine whether the measures required in the plan are effective in
controlling erosion and sediment resulting from land -disturbing activity. Notice
of the right to inspect shall be included in the certificate of approval of each
erosion control plan.
b.
No person shall willfully resist, delay, or obstruct an authorized representative,
employee, or agent of the City while that person is inspecting or attempting to
inspect a land -disturbing activity under this section-
C.
If, it is determined that a person engaged in land -disturbing activity has failed
to comply with the Act, this ordinance, or rules, or orders adopted or issued
pursuant to this ordinance, a notice of violation shall be served upon that
person. The notice may be served by any means authorized under GS 1A-1, Rule 4.
The notice shall specify a date by which the person must comply with the Act, or
.this ordinance, or rules, or orders adopted pursuant to"this ordinance, and .inform
the person of the actions that need to be taken to comply with the Act, this
'
ordinance, or rules or orders adopted pursuant to this ordinance. However, no
time period for compliance need be given for failure to submit an erosion control
plan for approval or for obstructing, hampering or interfering with an authorized
representative while in the process of carrying, out his official duties. Any
person who fails to comply within the time specified is subject to the civil and
criminal penalties provided in this ordinance.
d.
The City shall have the power to conduct such investigation as it may reasonably
deem necessary to carry out its duties as prescribed in this ordinance for this
purpose to enter upon any property, public or 'private for the purpose 'of
investigating and inspecting the sites of any land -disturbing activity.
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e. The
cityshall also have the power to require written statements o p qu e tte r the fling
of
reports tinder oath, with respect to pertinent questions relating to land -
disturbing activity.
Section 20
Penalties
a. Civil Penalties
(1)
Any person who violates any of the provisions of this ordinance, or rules
or orders adopted or issued pursuant to this ordinance, or who initiates
or continues a land -disturbing activity for which an erosion control plan
is required except in accordance with the terms, conditions, and
provisions of an approved plan, is subject to a civil penalty. The maximum
civil penalty for a violation, other than a violation of a stop -work order
issued under G.S. 113A65.1, is five thousand dollars ($5,000.00). The
maximum civil penalty for a violation of a stop -work order is five
thousand dollars ($5,000.00). No penalty shall be assessed until the
'
person alleged to be in violation has been notified of the violation as
provided in section 190 of this ordinance. If, after the allotted time
period has expired, the violator has not completed corrective action, a
Civil penalty may be assessed from the date of service of the notice of
violation. In addition, the City may assess a person a one-time civil
penalty of up to $5,000 for the day the violation is first detected.
However, no time period for compliance need be given for failure to submit
an erosion control plan for approval or for obstructing, hampering or
interfering with an authorized representative while in the process of
carrying out his official duties. Each day of continuing violation shall
constitute' a separate violation.
(2)
The Board of Aldermen of the City of Newton shall determine the amount of
the civil penalty to be assessed under this subsection and shall notify
the person who is assessed the civil penalty of the amount of the penalty
and the reason for assessing the penalty. In determining the amount of the
penalty the Board shall consider the degree and extent of harm caused by
the violation and the cost of rectifying the damage, the amount of money
the violator saved by noncompliance, whether the violation was committed
willfully, and the prior record of the violator in complying of failing to
comply with this ordinance. The notice of -assessment shall be served by
any means authorized under section-19 of this ordinance, and shall direct
the violator to either pay the assessment or contest the assessment,
within 30 days after receipt of the notice of assessment, by written
demand for a hearing. A hearing an a civil penalty shall be conducted by
the City within 30 days after the date of the written demand for a
hearing. The City's Erosion Control Plan Review Committee shall conduct
the hearing and shall make its recommendation to the Board of Aldermen of
the City within 30 days after the date of the hearing. The Board of
.Aldermen shall render its final decision an the civil penalty within 30
days of the receipt of the recommendation from the committee. Appeal from
the Final decision of the Board of Aldermen shall be to the Superior Court
of Catawba County or the county of the violator's residence or principal
place of business.
'
(3)
If payment is not received within 30 days. after demand for payment is
made, the City may institute a civil action to recover the amount.of the
assessment. The civil action may be brought in the Superior Court of
Catawba County or the county where violator's residence or principal place
of business is located. such civil actions must be filed within three (3)
years of the date the assessment was due. An assessment that is not
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contested is due when the violator is served with'a notice of assess
ment.
An assessment that is contested is due at the conclusion of the
Jadministrative and judicial review of the assessment.
(4) Civil penalties collected pursuant to this ordinance shall be credited to
the general fund of the City as nontax revenue.
b. Criminal Penalties
Any person who knowingly or willfully violates any provision of this ordinance,
or rule or order adopted or issued pursuant to this ordinance, or who knowingly
or willfully initiates or continues a land -disturbing activity for which an
erosion control plaza is required except in accordance with the terms, conditions,
and provisions of an approved plan, shall be guilty of a Class 2 misdemeanor
which may include a fine not to exceed $5,000.
Section 21 in•uncti.re Relief
a. Whenever the Board of Aldermen has reasonable cause to believe that any person is
violating or threatening to violate this ordinance or any rule or order adopted
or issued pursuant to this ordinance, or any term, condition, or provision of an
approved erosion control plan, it may, either before or after the institution of
any other action or proceeding authorized .by this ordinance,' institute a civil
action in the name of the City for injunctive relief to restrain the violation or
threatened violation. Tha.act.ion shall be brought in the Superior Court of
Catawba County.
b. -Upon determination by a court that an alleged violation is occurring or is
threatened, the court shall enter any order or judgment that is necessary to abate
the violation, to ensure that restoration is performed, or to prevent the
threatened violation. The institution of an action for injunctive relief under
this section shall not relieve any party to the proceedings from any civil or
criminal penalty prescribed for violations of this ordinance.
Section 22 Restoration of areas _ -affected_ by fAilur'e to comply
The City may require a person who engaged in a land -disturbing activity and failed
to retain sediment generated by the activity, as required by G.S. 113A-57(3), to
restore the waters and land affected by the failure so as to minimize the
detrimental effects of the resulting pollution by sedimentation. This authority
is in addition to any other civil or criminal penalty or injunctive relief
'authorized under this ordinance.
Section 23 Severabil.ity
If any section or sections of this ordinance is/are held to be invalid or
unenforceable, all other sections shall nevertheless continue in full force and
effect.
Section 24 Effective Date
The provisions of this ordinance shall be effective on and after the 3rd day of October,
' 2000. .
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IAdopted this the 3rd day of October, 2000.
IAttest:
Rita K. Williams,
City Clerk
i]
I
Wayne De inger

CONTRACT NO. L01022
STATE OF NORTH CAROLINA CONTRACTOR'S FEDERAL ID NO.
COUNTY OF WAKE 566001301
' CFDA CODE: NIA
COOPERATIVE AGREEMENT
This AGREEMENT is made between the North Carolina Department of Environment
and Natural Resources (Department) and the City of Newton (Contractor.).
IT IS AGREED THAT:
1. The Contractor will provide; in a manner satisfactory to the Department, services for
the start-up of a new local Erosion and Sedimentation Control Program to be
administered by the City of Newton, as described in Attachment A which is
incorporated as part of this agreement.
2.
The Department shall reimburse the Contractor a sum of money not to exceed
THIRTY-EIGHT THOUSAND SEVEN HUNDRED DOLLARS ($38,700.00) for services.
Payment will be made upon receipt of an invoice documenting costs incurred in the
performance of work -under this agreement.
3.
Where travel, lodging and subsistence are allowable costs, reimbursement will be
made in compliance with applicable budget regulations as contained in the Budget
Manual for the State of North Carolina
4
Final invoices must be received by the DEPARTMENT within 45 days after the end of
the contract period.
5.
The parties to this agreement agree and understand that the payment of the sums
specified in this agreement is dependent and contingent upon and subject to the
appropriation, allocation, and availability of funds for this purpose to the Department.
6.
This agreement shall be effective for the period June 1, 2001 through August 31,
2002.
7.
The CONTRACTOR shall ensure that all publications produced as a result of this
contract are printed double -sided on recycled paper.
8.
The Contractor will secure at his own expense, all personnel required in performing the
services under this agreement. Such personnel shall not be employees of the
Department.
9.
In the event the Contractor subcontracts for any or all of the services or activities
covered by this agreement: (a) the Contractor is not relieved of any of the dut''
responsibilities provided in this agreement; (b) the subcontractor agrees to. -
the standards contained herein or to provide such information as to alloy
Contractor to comply with these standards, and (c) the subcontractor.'
state and federal authorized representatives access to any records
as a subcontractor.
1 of 3
r,

CONTRACT NO. L01022
20. Attachment of terms and conditions (other than those authorized. by the Department) to
�• this agreement shall cause this agreement to be invalid.
21. Glenn J. Pattishall is designated key personnel for the Contractor.
22. Caroline Medlin is designated as the project coordinator for the Department.
IN WITNESS WHEREOF, the Contractor and the Department have executed this
agreement in duplicate originals, one of which is retained by each of the parties.
CITY OF NEWTON NORTH CAROLINA.DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES
l Ailliam G. Ross, Jr., Secretary
By J 2
ontra rSignature
. Director/Division of
Purchase & Services
Glenn J. Pattishall \,� apt ✓ J 4ti
Typed Name
epartment Head's Signature
or Authorized Agent
Title P�NtaJ_c �tilZirt.T�R/AssT• G7'� A�r2.
WITNESS:
WITNESS;
AlSignature , ' AA�,-n
Signature
T1y« 1 N 57zZ a wArtJT k46. Fk'E-- cvj DtZ t✓p
IN Two e>� 741c—
L.c-�c1�t-P�ac, F A-N� Rsc.bt_
r Ce p��-Ec-7Q�
Z IN
OUPM" sacc �p�{
1 3of3

. I ,
orth Carolina Sedimentation Control Commission
N
Department of Environment and Natural Resources
Division of Land Resources ATTACHMENT
1612 Main Service Center
B Raleigh, NC 27699-1612
LOCAL PROGRAM ASSISTANCE CONTRACTS
Application Deadline: January 1, 2001
Applications should be complete and mailed to the above address. Proposals postmarked on or before
January 1, 2061, will be considered during this funding cycle. Proposals postmarked after January 1,
2001 will be considered during the subsequent cycle. Facsimile applications will'not be accepted.
Applications materials should not be bound and all materials should be suitable for photocopy in black
and white.
Program:
Name: CITY OF NEWTON
Funds requested: _$38 700
Intended use of funds requested: For the startup of a new Local Soil Erosion. and _
Sedimentation Program for the City of Newton.
Total Program Budget: S96 750(First 18 Months
Budget Period: March, 2001—September, 2002. _ (18 Month
Location:
County: CATAWBA
Municipality: CITY OF NEWTON
Applicant:
Organization Name: CITY OF NEWTON PLANNING DEPARTMENT
Contact Person: GLENN J. PATTISHALLIAICP
Mailing address: P. O. BOX 550
City: NEWTON NC zip, 28658
Phone: [phone] Fax: [phone]
E-mail: gpattishaliftmail.ci.newton.nc.us
Note: This contract application must not exceed six (6) pages (8 V2 x 11); single
spaced excluding maps and organizational charts.
IThree (3) copies of this application must be submitted.

r.
• Allow staff to positively address the recent increase in citizen and both elected and appointed
board concern over sedimentation and erosion control problems on construction sites;
• Allow ' for more control over the performance of contractors for the City's own numerous
infrastructure projects (wastewater and water treatment plants, outfzOls, waterlines, lake & park
construction.
Longer -range objectives of the program (i.e. beyond eighteen months) are to develop and oversee
ordinances and policies to address other environmental issues facing Newton as it continues to grow in the
future. Once the Sedimentation and Control Program is fully functional, it is anticipated that the City will
aggressively address other environmental issues that the City is facing, such as anticipated Buffer
Regulations and NPDES Phase IlStorm Water Program and enhancement of existing Flood Plain
Ordinances..:
' The need for a local program in Newton is significant. Environmentally responsible growth is a
priority, for the City. A local program will allow a more proactive and responsive approach to erosion and
sedimentation control issues. It will also provide for a much more frequent and consistent presence on active
construction sites in Newton. We also believe that a local program can assist the State in keeping tabs on the
large number of upcoming projects that fall under their jurisdiction. This includes NCDOT projects, several
county projects, and numerous City projects. These are all planned for construction over the next several
years.
Method of Evaluation of Measurable Outcomes
The primary reason that the City has adopted a local SESC Ordinance.is to protect water quality in
the streams and water features within the City's Limit and Planning Area. The City does not have a program
in place to collect data presently so there will be no local base data available compare to data collected after
the City puts the program in place. The only base data will be that of the State DWQ for the Clark Creek sub
basin. Other measurable outcomes will be:
• Documentation of and reduction in the number of complaints and violations discovered in the field)-
0 Establishment of a local education program for schools, civic organizations and other interested parties
which will increase awareness of the program, its processes and applicability and.most important, its
desired'effect, i.e. protection of water quality;
• Development of a computerized site management and reporting system will enable. the City to remain
informed and proactive with permitted and non -permitted' sites and thus ensuring prevention of soil
erosion and degradation of water quality.
r
Total Annual Funds Needed for Program
Annual operating funds that will be required for the program is summarized on "Attachment A:
Estimated Budget and Revenue Projections'.'. The budget includes both capital outlay and operating
expenses for the program, and totals S78.500 for the first year. Subsequent annual budgets are expected to
be less by because of the reduced capital, or start-up costs necessary in subsequent years. The total
estimated program cost for the eighteen month period of grant funding requested is $78,500 (first
twelve months) plus $18,250 (one half of the second twelve month period, for a total of $9_ 6,�750. In
accordance with the grant guidelines of 60% local fund commitment and 40% grant, the City is requesting
grant funding in the amount of $38,700.
2

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the City and its Extraterritorial Planning Jurisdiction. Coordination of the local SESC Ordinance would be
integrated with current permitting procedures for zoning approval, building permits, certificates of
occupancy, and subdivision approval, as well as educational programs that the City plans to develop. The
strength of an integrated and coordinated program of administration and enforcement will provide a very
1 connected resource for citizens, developers, and related governmental agencies that are impacted by
development.
The Planning, Code Enforcement, Utilities, and Engineering Divisions of the City already work
closely together to unify and support all aspects of the development process in the City and integration of the
SESC Ordinance is logical and will be easily integrated.
The City is active in the local school systems, (there are two (2) systems in Newton), by participating
in special programs and presentations to students at all grade levels. The SESC Program will present a
' perfect opportunity to assist in Curriculum development concerning environmental issues.
. The City also holds periodic meetings with developers, contractors, and builders. Staff typically
takes advantage of those opportunities to discuss and educate the "builders". of the community on issues such
as the development of this program. The more we educate, the more a cooperative atmosphere is promoted
among those who can make the program a success.
(D) _ Organizational Chart_ for PrQy_rarn Staff Related Land Use Regulatory Programs, and
Governing Body
Organizational Charts are supplied as Attachments C, D, and E.
fE) Staff Responsible for Program Administration
No new staff is -proposed to be hired, rather. the City is intending on expanding the responsibilities of
its Code Enforcement Officer, under the supervision of the Planning Director/Asst. City Manager. It is
anticipated that the Code Enforcement Officer will work in conjunction with Planning Department Staff and
the Public Works/Utilities Director (City Engineer), and would be the primary Staff contact, Plan Reviewer,
Field inspector and enforcement personnel for the program.
(fl Qualification Criteria and Job Descriltions for Program Positions
Program Position Descriptions, related to the SESC Program, is supplied as Attachment F. Also
supplied are Attachments G, H, and I,.which are primarily involved with SESC Program administration.
j' G Additional Duties and Pro rams for Program Personnel and Estimated Percenta a of Monthl
Required Time Commitment for Program Activities
At the present time, the Code Enforcement Officer is responsible for the City's Minimum Housing
Code, Abandoned Structures Ordinance, Nuisance Ordinance, Abandoned and Junk Vehicle Ordinance, and
enforcement of the City Zoning Ordinance and Flood Plain. Ordinance. He assigns E-911 addresses for the
City's numbering area. It is estimated that approximately 30% of monthly time would be committed to the
Soil Erosion Sedimentation Control Ordinance administration once the program is established, training is
completed, and the Code Enforcement Officer has a -reasonable amount of experience. Initial time devoted
to Soil Erosion Sedimentation Control Ordinance administration during the 18 month start up Phase is
expected to consume as much as 50. to 60% of the time due to. training, field visits, and process
implementation. Enforcement of other codes is typically equal to approximately 50% of the time, with
another 20% related to plan review, permitting and other duties as assigned.

fve expansions of commercial, industrial, or non-profit organization facilities ranging in size from 2 to 110
acres. The total for a three-year projection period would equal 36 projects ranging in size totaling between
90 and 405 acres of affected property. Since not all of the acreage will be disturbed, an average annual
disturbed acreage of 100 acres is being used based on a review of the five- (5) year records.
.2

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CURRENT
ORGANIZATIONAL CHART FOR
RELATED LAND USE
REGULATORY PROGRAMS k
PLANNING DIRECTOR/
ASST CITY MGR.
-MINIMUM HOUSING CODE
-ZONING ORDINANCE
-SUBDIVISION REGULATIONS
-ABANDONED STRUCTURES
-NUISANCE ORDINANCE
-VEHICLE ORDINANCES
-PLAN REVIEW
-SOIL EROSIONISED ORDINANCE
l PUBLIC WORKS/
I UTILTY DIRECTOR
DEVELOPMENT INSPECTION
CODE ENFORCEMENT OFFICER
-MINIMUM HOUSING CODE
-ZONING ORDINANCE
-SUBDIVISION REGULATIONS
-ABANDONED STRUCTURES
-NUISANCE ORDINANCE
-VEHICLE ORDINANCES
-PLAN REVIEW
-SOIL EROSIONISED ORDINANCE
ATTACHMENT D

' Job Description Elements
for
Administration of Soil Erosion -Sedimentation
Control Ordinance
IPrimary Purpose of Position
• To do plan review, inspection of construction sites, collect permit fees, issue permits,
and respond to complaints and enforce action upon violations that are being done at
the construction sites.
' Other purposes of the technician is to initiate documeptation for enforcement -actions
writing reports/memos, researching ownership of property through tax records at the
' courthouse. Updating data base and file management.
Description of Responsibilities & Duties
' • Inspection ^
■ Plan Review '
• Enforcement & other duties
Machine Tools, Equipment & Material Used
• Equipment used in the office
1. Computer.with topographic maps, plans and calculator
'
Field Equipment'
I.- Auto with four wheel drive
'
2. 35 mm camera
3.' Video camera
'
4. Digital camera
5. Brunton compass
6. Foul weather clothing
'
7. Flashlight
8. Measuring tools
' Knowledge, Skills -& Abilities
• Basic knowledge of plan review
' ■ Ability to compose reports and letters
• Ability to communicate verbally and by written form to the general public
■ Able to use good judgement in determining severity of any violations
■ Ability to work with other employees as a team
Certification is not required for this position
ATTACHMENT F

I
CODE ENFORCEMENT OFFICER - 150E
QENFRAL DEFINITION AND CONDITIONS OF WORK:
Performs intermediate technical work in the inspection and enforcement of local ordinances with respect to minimum
' housing, abandoned structures, zoning, signs, vehicles, lots, etc.; does related work as required. Work is performed
under regular supervision.
t This is light work requiring the exertion of up to 20 pounds of force occasionally, up to 10 pounds of force frequently,
and a negligible amount of force constantly to move objects, and some medium work requiring the exertion of 50
pounds of force occasionally, up to 20 pounds of force frequently, and up to 10 pounds of force constantly to move
objects; work requires climbing, balancing, stooping, kneeling, crouching, reaching, standing, walking, pushing,
' pulling, lifting, fingering, grasping, and feeling; vocal communication is required for expressing or exchanging ideas
by means of the spoken word, and conveying detailed or important instructions to others accurately, loudly, or
quickly; hearing is required to perceive information at normal spoken word levels; visual acuity is required for depth
perception, color perception, preparing and analyzing written or computer data, visual inspection involving small
defects and/or small parts, use of measuring devices, operation of motor vehicles or equipment, determining the
accuracy and thoroughness of work, and observing general surroundings and activities; the worker is subject to
inside and outside environmental conditions, and hazards.
ESSENTIAL FUN_�5rrY ICA1nTASKS:
Performing inspections; enforcing codes; issuing certificates of occupancy; preparing and maintaining appropriate
' records; testifying In court. -
Enforces the minimum housing and abandoned structures codes;
Conducts energy efficient inspections;
Reviews plans for multifamily, commercial, and industrial plans for compliance with Zoning Ordinance;
Enforces the zoning ordinance dealing with multifamily, commercial and industrial building sites;
Issues zoning and demolition permits;
Drives around city looking for code violations and issues notices of violation;
Issues certificates of occupancy for businesses; makes site inspections for occupancy;
Issues addresses for new construction; updates address files; ensures correct street names signs are erected;
Prepares correspondence to violators; maintains records; testifies in court;
Receives complaints in regard to code compliance matters; follows -up on complaints;
Performs related tasks as required.
KNOWUDGE, 5YALLS AND ABILIDES
' Thorough knowledge of the principles and practices of minimum housing andzoning code enforcement; thorough
knowledge of civil process and procedure related to enforcement activities; general knowledge of building
construction materials and methods, and of stages of construction; general knowledge of State building and related
codes, laws and ordinances; ability to read and interpret construction documents; ability to contact building owners,
contractors and the public and.effect satisfactory working relationships; ability to enforce codes with tact and
diplomacy; ability to establish and maintain effective working relationships with associates and the general public.
' EDUCATION AND EXPERIENCE:
Any combination of education and experience equivalent to graduation from high school and considerable
experience in codes enforcement and the building construction trade.
SPECIAL REQUIREMENT'S:
Possession of an appropriate driver's license valid in the State of North Carolina. Possession of Zoning Administrator
certificate. Possession of Energy Auditor certificate.
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ATTACHMENT H

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1 City of Newton
' Because of the increase in development in the City of Newton and the inability of Land Quality
Section staff to adequately monitor land -disturbing activities, the City of Newton was delegated
a local erosion and sediment control program by the Sedimentation Control Commission in
' November 2000. It was determined by the Commission that with these funds the City of Newton
would have better control of the land -disturbing activities in their area, which will result in less
damage by sediment to the streams in the city.
As back ound sediment is the largest pollutant b volume to the waters of the State of North
�' � g P Y
' Carolina. Sediment can carry other pollutants that can be harmful to humans. Sediment in
drinking water results in increased treatment costs for users. Also, sedimentation can be
detrimental to all species of aquatic life. In order to protect streams, n.vers, lakes, etc. from
damage by sediment the North Carolina General Assembly in 1973 passed the Sedimentation_
Pollution Control Act (SPCA). The SPCA provides for and encourages the Commission to
delegate its jurisdiction to local governments and other state agencies. Land Quality staff on the
' average inspects land disturbing activities once every four months. Local erosion and
sedimentation control programs can inspect sites as often as once a week. This increased
inspection rate helps to keep sites in compliance and can reduce the amount of offsite
' sedimentation.
1

S 26-16.15 ZONING , 26.17.1
Sec. 26.16 . Appeal of decisio
appeal may be taken the board of adju ent from the com ssion's action in
gr ing or denying an appl' ation for a certific of appropriateness, ich appeals;
(1) May be taken b any aggrieved part ,
' (2) Shall be t within times pres abed by the historic d' rict com/bgenerar
rule; an
(3) Shai e in the nature of rtiorari.
Any'�ppe from the board of ustment's decision i ny case shall be hea
court o he county.
(Ord o. 91.53, 10-16-91)
' �ec. 26-16.16. Co Hance.
(a) Comph e with the terms of e certificate of appropria ness shall be enfor d by
the planning ' ector. Failure to co ly with a certificate of a ropriateness shall e a vio-
lation of thi chapter and punish e as provided in article
(b) a discontinuance of ark or the lack of progre toward achieving pliance with
a cert' cate of appropriaten s for a period of six (6) rn the shall be consid ed as a failure to
co y with a certificate f appropriateness.
(c) Nothing con ' ed in this chapter shall p ohibit, impair, or ii t in any way the power
of the city to preve t the construction, recon ruction; alteration, estoration, or removal of
buildings, struc es, appurtenant fixtures r outdoor signs in t e districts in violation of
provisions of t s chapter. The enforcem t of any remedy pr 'ded herein shall not pr ent
the enforce ent of any other remedy r remedies provide erein or in other ordin ces or
laws. (Se S. 160A 175 and 160A 89).
(Ord. 91.53, 10-16-91)
Sec: 26-16.17. State reco endation.
No historic district all be established o the requirements of s ction 26-16.10 i e-
mented until the dep ment of cultural res rces shall have been ven an opportu ' y, in
accordance with th rovisions of G.S. 160 395(2), to make recom endations with r spect to
the establishme of the district.
(Ord. No. 91.5 , 10-16-91)
ARTICLE YVTI. FLOODWAY AND FLOODWAY FRINGE REGULATIONS
' Sec. 26-17.1. Establishment of flood hazard districts.
(a) The areas within the jurisdiction of the city subject to special flood hazard are hereby
divided into two (2) types of flood hazard districts: floodway districts (FWD) and flood fringe
ISupp. Ni3. 13, 2.92 218.127

1
§ 26-17.1 NEWTON CITY CODE 3 26-17.3
districts (FFD). The boundaries of these districts are depicted on the official zoning atlas and
on the floodway flood boundary and floodway maps, (floodway map).
(b) The FWD and FFD shall be considered as overlay districts to other zone districts. Uses
permitted within the underlying districts shall be permitted, provided they meet the require-
ments of this article.
(Ord. No. 91.53, 10-16-91)
Sec. 26-17.2. District boundaries.
'The boundaries of the flood hazard district have been determined by scientific and engi-
neering studies prepared by the Federal Emergency Management Agency and the Federal
Insurance Administration. The results of these studies have been 'published as the Flood
Insurance Study and as floodway' maps. The study and maps shall hereafter serve as the
determinants for construction or use as set forth in this chapter. The approximate location of
flood hazard areas have been platted on the official zoning atlas for the purposes of alerting
interested persons of their presence. Where interpretation is needed in order to allow a sur-
veyor'to locate the exact boundaries of the district as shown on the official floodway maps or
official zoning atlas, the planning director shall initially make the necessary interpretation,
based on flood profile information. The decision of the planning director shall be subject to
appeal to the' board of adjustment in accordance with article XII. An accurate plat, prepared
by a registered surveyor or engineer, shall accompany the appeal and shall show the district
boundaries.
'
(Ord. No. 91.53, 10-16-91)
Sec. 26-17.3. General provisions.
tThe
following to flood hazard districts:
provisions shall apply all
'
(1) All new construction and substantial improvements shall be anchored to prevent
flotation, collapse or lateral movement of the structure, and elevated to a height of
two (2) feet above the base flood elevation.
(2) All new construction and substantial improvements shall be constructed with mate-
rials and utility equipment resistant to flood damage.
(3) All new construction or substantial improvements shall be constructed by methods
that flood damage:
and practices minimize
(4) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system.
(5) New and replacement sanitary sewerage shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the systems into
floodwaters.
(6) On -site waste disposal systems shall be so located as to avoid impairment to them or
contamination from them during flooding.
Supp. No. 13, 2-92 218,128

I
1 § 26-17.3
ZONING
§ 26-17A
' (7) Any alteration, repair, reconstruction, or improvements to a structure on which the
start of construction begins after the effective date of this chapter shall meet the
requirements of "new construction" as contained in this chapter.
(8) Manufactured homes shall be anchored to prevent flotation, collapse or lateral move-
ment. Methods of anchoring may include, but are not limited to, use of aver -the -top or
frame ties to ground anchors. This standard shall be in addition to and consistent with
applicable state requirements for resisting wind forces.
(9) Electrical, heating, ventilation, plumbing, air conditioning equipment and other ser-
vice facilities shall be so designed or located as to prevent water from entering or
accumulating within the components during flooding.
(Ord. No. 91,53, 10-16-91)
Sec. 26-17.4. Floodway districts.
' The following provisions shall apply to all areas designated as floodway districts (FWD) on
the official zoning atlas and on the floodway maps for the city and county, where applicable as
' published by the Federal Emergency Management Agency.
(1) Within a FWD, all fill, encroachments, new construction or substantial improvement
shall be prohibited, except as otherwise provided herein as a special use or a per-
mitted use.
(2) The following and other similar uses having a low flood damage potential and which
will not obstruct flood flows shall be permitted within the FWD to the extent that they
are not prohibited by any other ordinance or other provisions of this chapter, and
provided they do not require structures, fill, dumping of materials or waste, or storage
of materials or equipment. But no use shall be permitted which would result in an
increase in the regulatory flood elevation.
a. Agricultural uses, including general farming, pasture, grazing, outdoor plant
nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and
wild crop harvesting.
b. Nonstructural industrial -commercial uses, including loading areas, parking areas,
and private airport landing strips.
c. Private and public recreational uses, including golf courses, tennis courts, driving
' ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas,
parks, wildlife and nature preserves,,game farms, fish hatcheries for native spe-
cies, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing
areas, hiking and horseback riding trails.
d. Residential accessory uses, such as lawns, gardens, parking areas and play areas.
' (3) The following uses may be permitted only upon the approval of a special use permit
by the board of adjustment, as provided in article XII, and provided that the use will
not increase the regulatory flood level:
a. Uses accessory to permitted principal or permissible special uses.
Supp. No. 13, 2.92 218.129

e 26 -17A NEWTON CITY CODE § 26-17.5
b. Circuses, carnivals, and similar transient amusement or entertainment.
c. Drive-in theaters, parking areas, new and used car lots.
' d. Extraction of sand, gravel, and other materials.
e. Railroads, streets, bridges, utility transmission lines, and pipelines.
' f. Marinas, boat rentals, docks, piers, wharves, exclusive of any structures con-
nected with any of the above mentioned.
g. Private storage yards for nonfloatable equipment, machinery or materials.
' (Ord. No. 91.53, 10-16-91)
Sec. 26-17.5. Floodway fringe district.
The following provisions shall apply to all areas designated as flood fringe districts (FFD)
on the official floodway maps:
' (1) Zoning clearance permits shall be required for all construction or substantial im-
provement within a FFD.
'
(2) New construction or substantial improvement of any residential structure within the
FFD shall have the lowest habitable floor, including basement, elevated a height of
two (2) feet above the base flood elevation,
t3) New construction or substantial improvement of any commercial, industrial or other
nonresidential structure shall either have the lowest floor, including basement, ele-
vated to a level of two (2) feet above the base flood elevation or, together with atten-
dant utility and sanitary facilities, be floodproofed to be two (2) feet above the base
elevation. All floodproofing shall meet the requirements of this article.
(4) The placement of a manufactured home or the substantial improvement of any of the
above in a FFD shall be allowed only if the following criteria are met:
a. Ground anchors for tie -downs are provided.
b. Tie -down requirements.
'
1. Over -the -top ties are. required at each of the four (4) corners of the mobile
home, with one (1) additional tie per side at an intermediate location, for
manufactured homes less than fifty (50) feet long.
2. Frame ties are required in conjunction with each over -the -top tie.
3. All components of the anchoring.must be capable of carrying a force of four
thousand eight hundred (4,800) pounds.
c. Lots or pads are elevated on compacted Fill or by any other method approved by
the city engineer so that the Iowest habitable floor or the manufactured home is
at least two (2) feet above the regulatory flood level.
d. Adequate surface drainage and easy access for a mobile home hauler are pro-
vided.
'
e. Load -bearing foundation supports such as piers or pilings must be placed on
stable soil or concrete footings no more than ten (10) feet apart; and if the support _
I5upp. No. 13, 2.92 218.130

§ 26-17.5 ZONING S 26-17.6.1
'
height is greater than seventy-two (72) inches, the support must contain steel
reinforcement.
'
(5) In the event a manufactured home location or relocation is not deemed to constitute
the expansion of an existing manufactured home park, as defined, the location or
'
relocation shall be allowed, provided that:
a. Any manufactured home moved into or relocated within an existing manufac-
tured home park shall be anchored in accordance with the provisions of this
'
article, elevated to a height of two (2) feet above the base flood elevation.
b. Easy access for a manufactured home hauler is provided.
(Ord. No. 91.53, 10-16-91)
Sec. 26-17.6.1. Floodproofing--Minimum requirements.
Wherever any of the provisions of this chapter require that a building be floodproofed or
specify that floodproofing may be used as an alternative to elevating a structure above the
regulatory flood level, floodproofing shall be deemed to include all of the following:
(1) Wherever possible, the location, construction and installation of all electrical and gas
utility systems in such a manner as to assure the continuing functioning of those
systems in the event of a regulatory flood.
(2) The location, construction and installation of all portable water supply systems in
such a manner as to prevent contamination from floodwaters during the regulatory
flood.
'
(3) Approved backflow preventors or devices shall be installed on main water service
lines, at water wells and at all building entry locations to protect the system from
'
backflow or back-siphonage of floodwaters or other contaminants.
(4) Sanitary and storm drainage sewerage that have openings below the regulatory flood
'
elevation shall be equipped with automatic backwater valves or other automatic
backflow devices tBat are installed in each dt�charge line passing through a building
exterior wall.
(5) Sanitary sewer systems, including septic tank systems, that are required to remain in
' operation during a flood shall be provided with a sealed holding tank and the neces-
sary isolation and diversion piping, pumps, ejectors, and appurtenances required to
' prevent sewage discharge during a flood. The holding tank shall be -sized for storage
of at least two (2) days' demand.
' (6) All sewer system vents shall extend above the regulatory flood elevation.
(7) A registered professional engineer or architect shall certify that any new construction
or substantial improvement has been designed to withstand the flood depths, pres-
sure, velocities, impact and uplift forces associated with the regulatory flood at the
location of the building and that the walls below the regulatory flood level are sub-
stantially impermeable to the passage of water.
(Ord. No. 91.53, 10-16-91)
ISupp. No. 13, 2.92 218,131

1
26-17.6.2 NEWTON CITY CODE § 26-17.8
'
Sec. 26-17.6.2. Same —Approval.
'
Prior to construction, plans for any structure that is required to be floodproofed must be
submitted to the city engineer for review. The city engineer will review the plans for compli-
ance with the provisions of this article for general compliance with techniques specified in the
U. S. Army Corps of Engineers publication entitled "Floodproofing Regulations, " June 1972,
GPO: 19730-495386, and for compliance with any other applicable building codes or regula-
tions. The planning director shall approve, reject, or recommend modification of the plans
within fifteen (15) days from their receipt.
(Ord: No. 91.53, 10.16-91)
Sec. 26-17.7. Small streams and shallow flooding provisions.
For small streams, where regulatory flood elevations or floodways have not been provided,
the following requirements shall apply:
(1) No building or fill material shall be located within a distance of the stream bank
equal to five (5) times the width of the stream at the top of the bank or twenty (20) feet
on each side from top of bank, whichever is greater.
(2) The lowest habitable floor, including basement, of residential structures shall be at
least six (6) inches above the crown elevation of the nearest street or at the elevation
required by the planning director after obtaining base flood elevation data from a
federal, state or local agency or engineer.
(3) The lowest habitable floor, including basement, of nonresidential structures shall be
' at least six (6) inches above the crown elevation of the nearest street or at the eleva-
tion required by the planning director after obtaining base flood elevation data from
a federal, state, or local agency or engineer or, together with attendant utility and
sanitary facilities, be floodproofed to the required elevation.
(Ord. No. 91.53, 10-16-91)
Sec. 26-17.8. Elevated buildings.
New construction of, or substantial improvements in, elevated buildings that include fully
enclosed areas formed by foundation and other exterior walls below the base flood elevation .
shall be so designed as to preclude finished living space and to allow for the entry and exit of
'
floodwater to equalize hydrostatic flood forces automatically on exterior walls. Designs for
complying with this requirement must either be certified by a registered professional engineer
'
or architect or meet the following minimum criteria:
(1) Provide a minimum of two (2) openings, having a total net area of not less than one
(1) square inch for every square foot of enclosed area subject to flooding;
(2) The bottom of all openings shall be no higher than one (1) foot above grade; and
ISupp. No. 13, 2.92 218.132

§ 26-17.8 ZONING § 26-17.9
(3) Openings maybe equipped with screens, louvers, valves, or other covering or devices,
provided they permit the automatic flow of floodwaters in both directions.
a. Electrical, heating, ventilation, plumbing, air conditioning equipment and other
service facilities shall be designed or located so as to prevent water from entering
or accumulating within the components during conditions of flooding.
b. Access to enclosed areas shall be the minimum necessary to allow for parking of
vehicles (garage door) or limited storage of maintenance equipment used in con-
nection with the premises (standard exterior door) or entry to the living area
(stairway or elevator).
c. The interior portion of such enclosed area shall not be partitioned or finished into
separate rooms.
(Ord. No. 91.53, 10-16-91)
rDuties
Sec. 26-17.9. Duties of the planning director.
of the planning director, in regard to this article, shall include, but not be limited
to:
(1) Review all applications for zoning clearance permits to assure that the requirements
of this article have been satisfied.
'
(2) Advise applicant that additional federal or state permits are known, verify that such
have been
permits obtained.
(3) Notify adjacent communities and the state department of natural resources and com-
munity development prior to any alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Insurance Administrator.
(4) Assure that maintenance is provided within the altered or relocated portion of said
watercourse, that the flood capacity is not diminished.
so carrying
In
C
1
(5) Verify and record the actual elevation, in relation to mean sea level, to which new or
substantially improved structures have been floodproofed.
(6) When floodproofing is used for a particular structure, obtain certification from a
registered professional engineer or architect in accordance with subsection 26-17.6.1(7).
(7) Make the necessary interpretation as to the exact location of the boundaries of the
areas of special flood hazard (for example, where there appears to be a conflict be-
tween a mapped boundary and actual field conditions). The person contesting the
location of the boundary shall be given a reasonable opportunity to appeal the inter-
pretation as provided in this article.
(8) When base flood elevation data have not been provided in the application, obtain,
review, and use any base flood elevation data available from a federal, state, or other
source, in order to administer the provisions of this article.
(9) Maintain all records pertaining to the provisions of this article in the office of the
planning director. These records shall be open for public inspection.
tOrd. No. 91.53, 10-16-91)
Supp. No. 1.3. 2-92 218,133

S 26-17.10 NEWTON CITY CODE ti 26-17.10.1
' Sec. 26-17.10. Variances.
As a prerequisite to granting a variance, the board of adjustment shall consider all tech-
nical evaluations, as well as:
(1)
The importance of the services provided by the proposed facility to the community,
'
(2)
The necessity to the facility of a waterfront location, where applicable;
(3)
The availability of alternative locations, not subject to flooding or erosion damage, for
the proposed use;
(4)
The compatibility of the proposed use with existing and anticipated development;
(5)
The relationship of the proposed use to the comprehensive plan and floodplain man-
agement program for that area;
(6)
The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(7)
The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site; and
(8)
The costs of providing governmental services during and after flood conditions, in-
cluding maintenance and repair of public utilities and facilities such as sewer, gas,
electrical and water systems, and streets and bridges.
(Ord. No.
91.53, 10-16-91);
Sec. 26-17.10.1. Findings
required.
Such variances may be granted only upon the board of adjustment making the findings
listed in section 26-12.5 and the following additional findings:
(1)
The property on which the structure is to be erected is an isolated lot of one-half (Ws)
'
acre or less, contiguous to and surrounded by lots containing existing structures
constructed below such required first floor elevation or a lot containing a structure
listed on the National Register of Historic Places or within the boundaries of a local
historic district established in accord with article XVI, which is to be restored or
reconstructed.
(2)
The issuance of the variance would not result in increased flood heights, additional
threats to
public safety or extraordinary public expense.
(3)
The issuance of the variance would not result in the following:
a. The danger that materials maybe swept onto other lands to the injury of others.
b. The danger to life and property due to flooding or erosion damage.
c. The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner.
(4)
The variance allowed is the minimum necessary to afford relief.
'
.Ord. No. 91.53, 10-16-91)
I5upp. No. 13, Z-92 213.134

§ 26-17.10.2 ZONING § 26-18.1
Sec. 26-17.10.2. Notice by planning director.
Any applicant to whom a variance is granted shall be notified by the planning director by
certified mail that-
(1) The proposed structure would be located in a flood hazard area.
(2) The structure will be permitted to be built with a lowest floor below the regulatory
flood elevation.
(3) The cost of flood insurance will be commensurate with the increased risk resulting
from the reduced first floor elevation.
(4) The variance allowed is the minimum necessary to afford relief.
In addition, the planning director shall, within thirty (30) days of the board of adjustment's
approval of a varriance, record the board's action in the office of the county register of deeds.
(Ord. No. 91,53, 10-16-91)
Vol
SPI DISTRICT
Sec./areas;
these re lions to pe t creation of pedal public terest (SPn
'str
eas o ally designat as having spe al and substan al public int est
of ting or propas character, or f principal view of, from or ough
/12) Surroundin individual buildings or group where there sn/7oar
special andbstantial
public int est in protec ! such buildin and their visu environme
(3) In othe cases where s cial and subst tial public int/est req/eh
mtion f
othe ' e applicable oning regulati , or repeal replacemre a-
do , for the acco lishm.ent of special publi purposes foecial
p lic interest di ct is establis d.
It is her intended at such distri sand the re ations ado ed ll be in
acc d with and pro to the purpose et out in the apted land velopd other
o cially adopted p of the city ' accordance the with, and s all encuse anddevelopment in s stantial accor with the physic design set out ther
(Ord. No. 91.53, 10-16-91)
supp. No. 21, 5-01
218.135

3 -a--2 _ q5
STORM DRAIN POLICY
The following policy specifies the regulations, procedures, and
specifications regarding items listed below; and the obligations on
behalf of the City of Newton and the citizens of the City of
Newton.
Items and areas of concern that are repeated in this policy are
done so to cover the specific items mentioned.
All items listed below shall be carried out as stated, either.
individually or as a whole, depending an the circumstances
surrounding the area in question.
Article_1: _Storm_DrainacM
Defined as water runoff as a result of an act of God, consisting of
any accumulation of water th&c may cause flooding of a city roadway
and or City of Newton right of way.
(a) This policy is as follows for the City of Newton and the.
citizens of the City of Newton in the matter of storm drainage
and other articles of this policy.
(b) The City of Newton shall provide a drainage -system that will
carry a flow of water from the roadway, preventing any build
up of storm water on the roadway, causing a danger to traffic
flow and or damage to -the roadway.
(c) The flow of storm water shall be allowed to take a natural
path as to the terrain of the land. At such time that the
storm water flow reaches a low point along the roadway, it
shall be directed away from the roadway.
(d) At which time the storm water flow is directed away from the
road right of way, it shall then become the responsibility of
the land owner to disperse of the water at the land owner's
expense.
Article 2: Ditchlines
Defined as an indention or trough parallel with road right of way
or turning away from the roadway. Primarily used to carry storm
water off and away from the roadway.
(a) The City of Newton will maintain all ditches running parallel
with City roadways.
These
roadways must be in possession of
the City of Newton
for this
to apply.
(b) Maintenance shall
include
keeping ditchline clear of any
obstructions that may give
reason for overflow or flooding.
Ditchlines will be
kept as, straight as possible with the
roadway and graded
down to
the point that any drain tile can
and will receive a
full flow
of water if necessary.
x

f
1
(c) Drain ditches that turn away from the roadway and or original
ditchline parallel with the roadway,, shall be the
responsibility of the property owner. The property owner's
responsibility is to keep drain ditch clean of any debris that
will obstruct the flow of storm water and that may cause storm
water to back up in the roadway resulting in flooding.
(d) By the owner's choice; the land owner may give the City
permission to keep the ditchline clean. Permission shall
include a signed agreement giving the City right of way
easement of at least fifteen (1.5 ) feet on each side of
ditchline to get equipment on the property to do necessary
clean up. If the ditchline in certain cases represents the
property line between two land owners, an easement agreement
will be necessary from each property owner. If an agreement
from both property owners cannot be reached, the agreeing,
party will have to allow extra footage for easement. This
decision will be at the discretion of the attending supervisor
and based upon accessibility of ditchline.
Article 3: Drain Tile
Defined as a cylinder pipe used to carry storm water in a direction
that is needed to get water off and away from the roadway..
(a) In any case drain tile shall be as -stated in the City of
Newton land development specifications, a minimum of
reinforced concrete tile and or corrugated metal pipe (14
gauge). At no time can plastic piping be used.
(b) If drain tile is needed'or requested by a property owner for
a drainage ditch, driveway or driveway extension, the City may
reply only to the following guidelines.
If the ditch, driveway or driveway extensions is parallel with
roadway or connects with the roadway directly, the City will
install such pipe as needed providing the property owner
provides the pipe, accepting all cost for the pipe. The City
will in no way provide monies for pipe requested by the
property owner. The City of Newton will then provide the
equipment and labor required to complete the assigned job.
This also consists of dirt and or gravel that it takes to
backf ill around pipe and headwalls that. may be required.
Grass seed will be sewn in cases that apply. In any case the
City will'not provide materials that were not directly removed
by the City. This includes any extra asphalt, concrete, and
gravel. This must be done solely by the property owner. In
such cases as mentioned, the City will limit the size of pipe
accordingly.
(c) In cases where a drain ditch runs directly away from the
roadway and onto or through a property owner's land, it will
2
0

7
IJ
be the property owner's total responsibility to install drain
the and to maintain at the owner's expense. If this is done
and a connection is made to a ditchline and or pipeline on the
City's right of way, it must be done in accordance to the land
development specifications of the City of Newton and the
guidelines of this policy.
(d) If at any time a property owner constructs a pipeline in a
ditch that turns away from the road as discussed above, and
the land owner has signed a right of way agreement for the
City to keep clean; then the agreement made will be null and
' void and responsibility of pipeline will lie directly upon the
property owner relieving the City of any further obligation.
1 Article 4 : _ Veceetation
Defined' as any growth that may have been placed along or near a
drain system, whether it be an open ditchline or pipeline.
Vegetation may consist of, but not limited to items such as trees
of any description, shrubs, vines, flowers and or any landscape
material.
(a) No vegetation of any kind shall be allowed to be planted or
grown within six (6) feet of the property owner's side of a
ditchline running parallel with the .roadway. This also
includes landscape material of any kind. The City cannot be
" responsible for such material as mentioned if cleaning the
ditchline is found to be necessary.. The property owner will
1 be given notice' that removal. is needed. If removal of
vegetation is not done by the property owner, the City will
remove and place on property for the owner to dispose of at
the owner's discretion. This will be done if it obstructs the
cleaning of right of ways and or regular maintenance.
(b) In regards to ditchlines that turn away from the road right of
way, it shall be at the owner's discretion as to what is
planted at or near the ditchline, with exceptions only as
follows .
If the owners have not and will not release an easement right
of way to the City to keep the ditchline clean, then the owner
may plant vegetation as the owner sees fit. But at no time
shall this planted vegetation conflict with the flow of water
directly in the ditchline.
If the owner of the property has signed an easement right of
way for the City to keep the ditchline clean, it will be the
owner's responsibility to clear all vegetation within the
right of way agreement so ditch can be cleaned. The City will
not be liable for any ditchline until these terms are met in
this policy. In such cases where larger vegetation such as
large trees have rooted in and prevents erosion, these may be
3

r left at the discretion of the owner and the City of Newton.
' If the ditchline represents the property line between two
owners, the articles of this policy will need to be met by
both owners. If both owners do not agree, the agreeing party
may allow extra right of way as deemed necessary by the City
of Newton.
(c)
In ditchlines that have been piped, either by the property
'
owner or by the City of Newton, they shall not have .any
vegetation of any kind growing and or planted within the right
of way easement. Any growth with a root system that is wide
'
spread shall be removed completely from ditchline-or pipeline,
preventing the root system from pushing the pipe during
.growth, or the root system breaking into the joints of the
pipeline. If the owner of the property chooses not to comply
with this policy, the owner will accept all responsibility of
any maintenance or up keep needed.
Article 5: Tie-ins
Described as any pipe of any kind tying into a drain the or sine
that
is primarily used to carry storm drain water.
(a)
The City of Newton will not allow a property owner to tie a
drain of any kind into a storm drain. Drains such as
foundaticn.drains, gutter drains, basement drains, or any.
other drain that may carry water from the property owner's
home, out buildings, or landscape must be cut loose and
removed so that it empties away from any drain the or catch
basin.
(b)
The City cannot and will not accept responsibility for such a
tied in storm drain if the drains should back up and cause
damage in any way.
(c)
If a property owner chooses to pipe a ditchline and wishes to
connect to a city drain, it must be done in a manner that is
in accordance with this policy.
All articles of this policy are not limited and may vary under
different circumstances, but will be used as a guideline and a
basis of operation.
i
t.
2
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m e 0
for
ana
Phase II
water
ent Plan
For su bm ission to NCDEN R
March 10, 2003

1
I
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0
1
TABLE OF CONTENTS
1.0 Storm Sewer System Information ....................... ..... ".:............... ........ ........... ................................................
1-1
1.1 Population Served...........................................................................................I................. .......1-1
1.2 Growth Rate..................................................................................................................................................1-1
1.3 Jurisdictional and MS4 Service Areas ...................... .....................................................................................
1-1
1.4 MS4 Conveyance System................................................................................................................. ........1-1
1.5 Land Use Composition Estimates.............................................................................................................--1-1
................... .
1.6 Estimate Methodology....................................................................................... ..............1-2
1.7 TMDL Identification........................................................................................................................................1-2
2.0 Receiving Water Quality Programs ...................... ..........................................................................................
2-1
3.0 Existing Water Quality Programs ...............................
3.1 Local Programs ........................ ......................................................................................................................
3-1
3.2 State Programs..............................................................................................................................................3-1
4.0 Permitting Information ......................... ...........................................................................................................
4-1
4.1 Responsible Party Contact List......................................................................................................................4-1
4.2 Organizational Chart......................................................................................................................................4-2
4.3 Signing Official ...............................................................................................................................................4-2
5.0 Co -Permitting Information..............................................................................................................................5-1
6.0 Reliance on Other Government Entity...........................................................................................................6-1
7.0 Stormwater Management Program................................................................................................................7-1
7.1 Public Education and Outreach on Stormwater Impacts...............................................................................7-2
7.1.1 BMP Summary Table............................................................................................................................7-2
7.1.2 Target Audience....................................................................................................................................7-3
...........................................................
7.1.3 Target Pollutant Sources ........................... ............ ....................7-3
7.1.4 Outreach Program................................................................................................................................7-4
7.1.5 Decision Process..................................................................................................................................7-5
7.1.6 Evaluation.............................................................................................................................................7-6
7.2 Public Involvement and Participation.. ...........................................................................................................
7-6
7.2.1 BMP Summary Table............................................................................................................................7-7
7.2.2 Target Audience....................................................................................................................................7-7
7.2.3 Participation Audience........................................................ ................7-7
7.2.4 Decision Process..................................................................................................................................7-9
7.2.5 Evaluation.............................................................................................................................................7-9
7.3 Illicit Discharge Detection and Elimination...................................................................................................7-10
7.3.1 BMP Summary Table..........................................................................................................................7-10
7.3.2 Storm Sewer System Map..................................................................................................................7-11
7.3.3 Regulatory Mechanism.......................................................................................................................7-11
7.3.4 Enforcement.................................................................. ......7-11
7.3.5 Detection and Elimination...................................................................................................................7-12
7.3.6 Non-Stormwater Discharges ........... ......... ...........................................................................................
7-16
7.3.7 Other Incidental Non-Stormwater Discharges ........ .............................................................................
7-17
7.3.8 Outreach ........ .....................................................................................................................................
7-17
7.3.9 Decision Process .................................................. .............7-17
.................................................................
7.3.10 Evaluation.......................................................................................................................................7-17
7.4 Construction Site Stormwater Runoff Control..............................................................................................7-18
7.5 Post -Construction Stormwater Management in New Development and Redevelopment ................ ....... .....
7-18
7.5.1 Stormwater Management Options.............................................................. ........................................
7-19
7.5.2 Operation and Maintenance................................................................................................................7-19
7.5.3 Control of Fecal Coliforms..................................................................................................................7-19
1
City of Newton, North Carolina
March 2003 Stormwater Management Program Report i

7.5.4
Additional Requirements for SA Waters..............................................................................................7-20
'
7.5.5
7.5.6
Additional Requirements for Trout Waters..........................................................................................7-20
Additional Requirements for Nutrient Sensitive Waters......................................................................7-20
7.5.7
Comprehensive Watershed Plans.......................................................................................................7-20
'
7.5.8
7.5.9
BMP Summary Table .................................... .......................................................................... ............ 7-20
Non -Structural BMPs.............................................................................................................. ............7-21
7.5.10
Structural BMPs................ ........................ .... ............................................................ .............. .... .....7-22
7.5.11
Regulatory Mechanism .......... .........................................................................................................7-22
'
7.5.12
Operation and Maintenance of BMPs.............................................................................................7-22
7.5.13
Decision Process,, ..........................................................................................................................
7-22
7.5.14
Evaluation.......................................................................................................................................7-23
'
7.6 Pollution
Prevention/Good Housekeeping for Municipal Operations...........................................................7-23
7.6.1
BMP Summary Table ....................................... ...................................................................................
7-23
7.6.2
Affected Operations .................................................. ..........................................................................
7-24
1
7.6.3
7.6.4
Training...............................................................................................................................................7-24
Maintenance and Inspections.................................................................................................... .....7-24
7.6.5
Vehicular Operations..........................................................................................................................7-25
e
7.6.6
7.6.7
Waste Disposal.....................................................................................................................
Flood Management Projects...............................................................................................................7-25
7-25
7.6.8
Existing Ordinances............................................................... .............................................................
7-25
'
7.6.9
7.6.10
Other Evaluations...............................................................................................................................7-26
Decision Process............................................................................................................................7-26
7.6.11
Evaluation .............................................. .........................................................................................
7-26
1
1
City of Newton, North Caroiina
March 2003 Stormwater Management Program Report ii

1
1.0 STORM SEWER SYSTEM INFORMATION
1
1.1 Population Served
11
I
According to the 2000 Census data, the population of Newton is 12,560. This population is assumed to be permanent
with no seasonal population.
1.2 Growth Rate
The growth rate, as calculated from the 1990 and 2000 Census data, is 3.48%.
1.3 Jurisdictional and MS4 Service Areas
The jurisdictional area and MS4 service area is assumed to be the same as the city limits, which is 13 square miles.
The ETJ area is 5.82 square miles, but the only legal authority that the City has within this area is the enforcement of
the Soil Erosion and Sedimentation Control Ordinance and the Zoning and Subdivision Ordinances.
1.4 MS4 Conveyance System
Like many cities of its size, the City of Newton does not have any records of its storm drainage conveyance system. It
is assumed that most of the infrastructure is aging and in poor condition. The downtown area of the City contains the
majority of the culvert and pipe systems and catch basins. Outside of the downtown area in the more rural areas of
the City, the conveyance system consists mostly of channels and ditches that run through backyards and feed into
larger streams.
The City does not currently have a formal program to clean storm sewer inlet structures or pipes. The portion of the
conveyance system that is maintained is within the City's right-of-way. Currently, the infrastructure is maintained by
the City's Street Department as problems are reported by residents or noted in the field by City personnel. Typical
maintenance includes driveway culvert installation and clean out, ditch maintenance, catch basin repairs and clean
out, and headwall maintenance. In addition, downtown -area catch basins are cleaned once per month and others are
cleaned on an as -needed basis.
1.5 Land Use Composition Estimates
L.'k d'Uise Cate
Residential
4097.685
36.90%
Industrial
969.5699
8.73%
Commercial
731.5973
6.59%
Open Space
5305.836
47.78%
TOTAL
11104.69
100.00%
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 1-1

1.6 Estimate Methodology
' The land use estimates were generated using G!S land use data and include the ETJ area.
1.7 TMDL Identification
There are no TMDL requirements on receiving streams within the City of Newton.
1
1
' City of Newton, North Carolina
March 2003 Stormwater Management Program Report 1-2

1
I
2.0 RECEIVING WATER QUALITY PROGRAMS
Unnamed Tnbuta "'`Clarfc Creekn1�1�" " N!
tJnamed Tnk}uaryClarkiCreek12'N1A�
�"" ti
see,map WX ..,
NIA NIA
Cline Creek
11-129-5-3
From source to Clark Creek
C NIA
Unnamed Tributary Cline Creek 01
NIA
see map
NIA NIA
Unnamed Tributary Cline Creek 02
N/A
see map
NIA NIA
Unnamed Tributary Cline Creek 03A
NIA
see map
NIA N/A
Unnamed Tributary Cline Creek 03B
NIA
see map
NIA NIA
Unnamed Tributary Cline Creek 04
NIA
see map
N/A NIA
4
It -WFrom(0�fi�Mile
L k-re e k�
�rAn
E1-129 2 (�15)
,sti� o N
m_outh;to 5outh�F rk
S Iif N!A
� .,� '�-
+1!!rN5
v s,=*rc.+.r ^'h: ., n'Fer..era w,- ,wxn =
LEnnamedjT-' ikr ildeb° anACreeic{0,1
NIA _ ,�
wrr a.a+'a'.
se_e reap =._ a 9 BAiJiA` [VIAL ;
�Unn r '@i nbtita ` HIT an C'r�ek 02� '
.._ _..... _ �..a _ _ _ _rye..._----�-.__.._
aUnrtamedTr buta'"`Hildeb�ae�Creek Q3 ` 41VIA
° `see)m�" ` NIA
._ . k. _ ..
UnnamedJTnbiita -1NI. .-NN C erek
UrinamedTnfut�y�Mi(ebrareeki05NIAsee,maa
r NIA,
tUnnamed3Ttit}V 'j[I
Jacob Fork
11-76-5-(0.3)
From source to Catawba
Co SR 1734
C NIA'
Unnamed Tributary Jacob Fork 01
NIA
see map
NIA NIA
7,,R.,
' ^� i i
Main Creek
..
1,1 129-5,4 1
,..
�. 77
+' ..d y �2- 4 9
From source to Town Creek C'. NIA
Y^:!`i''"'u•iPA�-'3y' .y
Unnametl Tnbuta Mctin Creek 01 N
_."_. _.•_�tY.�. —�__.Lc..f_;
N!A
�.
- see Ana'
�.....P r�'��NIA� dNIA`
x�+tk. [ _ a +-v'yr r . - Leos a rr A'.- W"v'" �
,A rs' 9 •.-.. •+ g
R Unnamed TcLi,A
A WORMuryM'ec$
w
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 2-1

I
1
Table 1. Streams in the Catawba River Basin that Receive Discharges from
the City of Newton
Receiving Stream Name
Stream Segment
Water Quality
Classification
Water Quality Issues
Index Number
Description
++= rnw ar ..... ..�
UnnamedTribtaryMcLmCreeli{0,4NIAz;,,
'' -.,,.ram,,...
;ahsoe;map`
r•r. tau
:,M
NIAu .,.
.,. ....P
a§��yq�q
NI .t,�'�Vu�vGtRid..
L1LtiA J•Ri r tiMR ••
Unnamed Tnbutary., n Creek 05Ai� ,�
NIA ,3', �
61 SYhiYSi .•.••
I see map : ; r, ,.
IV1A �
NIA W�_, , k
Unnamed Tnbutary�McLi�FGreek�a5B����
NIA; �
s'ee map }`�
tJIA
1JA
lJnna d Tributary hAcLiri CreekI06M'
NIA '
seeinap j, -
�M NIA •�
N1AWMW `�` � j
�lJ name��Tnbutary�McLi �Creek�07.�
�NIA�Y����
Vie' e�"map�_
Smyre Creek
11-129-(0.5)
From source to Catawba-
Lincoln County Line
WS-V
NIA
Unnamed Tributary Smyre Creek 01
N/A
see map
NIA
NIA
Unnamed Tributary Smyre Creek 02
NIA
see map
N/A
NIA
Unnamed Tributary Smyre Creek 03
NIA
see map
NIA
NIA
Unnamed Tributary Smyre Creek 04
NIA
see map
NIA
NIA
Unnamed Tributary Smyre Creek 05
NIA
see map
NIA
NIA
Unnamed Tributary Smyre Creek 06A
NIA
see map
NIA
NIA
Unnamed Tributary Smyre Creek 06B
NIA
see map
NIA
NIA
Unnamed Tributary Smyre Creek 06C
NIA
see map
NIA
NIA
Sa"'lh Fark,of he Catawba Riverr
'4.
iilii-
From $ounce to Clark.Cree
ME—
NpµA11:1::Jijg.
. ,
" " _ rySou IW—k�of'the
�UnnamedTnbuta.
Catawba 01 ..
I�A
see map r
tea; ..
j
N1A FNlA
....
r
I Owum
Town Creek
NIA
see map
NIA
NIA
Unnamed Tributary Town Creek 01
NIA
see map
NIA
NIA
Unnamed Tributary Town Creek 02
NIA
see map
NIA
NIA
Unnamed Tributary Town Creek 03
NIA
see map
NIA
NIA
Unnamed Tributary Town Creek 04A
NIA
see map
N/A
NIA
Unnamed Tributary Town Creek 04B
NIA
see map
NIA
N/A
Unnamed Tributary Town Creek 04C
NIA
see map
NIA
NIA
Unnamed Tributary Town Creek 04D
NIA
see map
NIA
NIA
Unnamed Tributary Town Creek 04E
NIA
see map
NIA
NIA
Unnamed Tributary Town Creek 04F
NIA
see map
NIA
N/A
Unnamed Tributary Town Creek 05
NIA
see map
NIA
NIA
Unnamed Tributary Town Creek 06
NIA
see map
NIA
NIA
named Tr�butaiy Hen ..Fork' 01�
NIA- _uses
niaP , �"
N1A
r elVlA ', � ` - ., ,
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 2-2

3.0 EXISTING WATER QUALITY PROGRAMS
3.1 Local Programs
The City of Newton is delegated by the state to implement the Erosion and Sediment Control program within the City
limits and the ETJ area.
3.2 State Programs
There are currently no programs implemented by the State within the City of Newton.
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 3-1

4.0 PERMITTING INFORMATION
4.1 Responsible Party Contact List
Measurable Goal.
Res onsible Party -
Minimum Measure 1:
Martin D. Wilson
• Community meeting
Public Works and Utilities Director
• Generate and distribute educational brochures
mwilsonttmail.ci.newton.nc.us
• Informational website
Phone: [phone]
• Quarterly employee newsletter
Fax: [phone]
• Community outreach
• Presentation for schools and other groups
Public service announcement
t
• Business outreach program
Minimum Measure 2:
Martin D. Wilson
• Stormwater task force
Public Works and Utilities Director
'
• City-wide cleanup event
mwilson(amail.ci.newton.nc.us
• Newton Enviro-Stars volunteer program
Phone: [phone]
• Mark storm inlets with environmental messages
Fax: [phone]
• Earth Day celebration
• Used oil recycling program
• Logo design contest
Minimum Measure 3:
Martin D. Wilson
• Storm sewer system map
Public Works and Utilities Director
Illicit discharge ordinance
Mwilson@maii,ci.newton.nc.us
'
• Illicit discharge detection and elimination
Phone: [phone]
• Public education
Fax: [phone]
'
Minimum Measure 4:
Glenn J. Pattishall. AICP
Planning Director/ Asst. City Manager
[e-mail]
Phone: [phone]
'
Fax: [phone]
Minimum Measure 5:
Glenn J. Pattishall. AICP
• Post -Construction ordinance
Planning Director/ Asst. City Manager
'
Fecal coliform control
Gpattishall(a)mail.ci.newton.nc.us
• Non-structural BMPs
Phone: [phone]
• Structural BMPs
Fax: [phone]
'
Operations and maintenance
Minimum Measure 6:
Martin D. Wilson
• Training
Public Works and Utilities Director
• Maintenance and inspections
Mwilson mail.ci.newton.nc.us
• Vehicular operations
Phone: [phone]
• Other operations
Fax: [phone]
• Ordinances
' City of Newton, North Carolina
March 2003 Stormwater Management Program Report 4-1

1
4.2 Organizational Chart
' The organizational chart for the City of Newton is located in Appendix A.
t 4.3 Signing Official
The signing official for the City of Newton is Wayne Dellinger, Mayor.
e City of Newton, North Carolina
March 2003 5tormwater Management Program Report 4-2

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1
1
1
1
1
1
1
1
1
1
t
5.0 CO -PERMITTING INFORMATION
Not Applicable to the City of Newton
March 2003
City of Newton, North Carolina
Stormwater Management Program Report
5-t

6.0 RELIANCE ON OTHER GOVERNMENT ENTITY
' The City of Newton will continue to rely on the Catawba County Environmental Health Division to regulate new and
existing septic tanks within the City. All other permit -related tasks will be performed by the City of Newton.
I
t
s
I
e City of Newton, North Carolina
March 2003 Stormwater Management Program Report 6-1

t
7.0 STORMWATER MANAGEMENT PROGRAM
' The National Pollutant Discharge Elimination System (NPDES) program was established as the fundamental
regulatory mechanism of the Clean Water Act (CWA). The NPDES program requires that a direct discharger of a
pollutant into waters of the United States must obtain an NPDES permit. Initially, the permitting effort was focused on
municipal and industrial wastewater facilities. Although these discharges were controlled, many impaired water
bodies remain impaired.
Subsequent studies have determined that diffuse (non -point) sources, e.g., stormwater runoff from urban and
agricultural areas, construction sites, land disposal areas, and mining activities, are presently the leading contributors
to water quality impairment. Although stormwater originates from various diffuse sources, this runoff is frequently
discharged through separate storm sewers or other conveyances.
Therefore, the CWA was amended in 1987 to include Section 402(p), which required the United States
Environmental Protection Agency (EPA) to develop a comprehensive phased program to regulate stormwater
discharges under the NPDES program. The NPDES Phase I rule, which was issued in November 1990, addressed
stormwater discharges from medium to large municipal separate storm sewer systems (MS4s), which were
' communities serving a population of at least 100,000 people, as well as stormwater discharges from industrial
activity. The ruling also placed permitting requirements on some construction activities.
The NPDES Phase 11 rule, which was promulgated in December 1999, addressed small municipal separate storm
sewer systems (MS4s) serving a population of less than 100,000 people in urbanized areas. Per 2000 Census data,
the estimated population of the City of Newton is 12,560 and is one of the communities in the state of North Carolina
automatically designated into the NPDES Phase 11 program. In the state of North Carolina, EPA has delegated the
North Carolina Department of the Environment and Natural Resources (NCDENR) as the state permitting authority.
The City of Newton must obtain permit coverage from NCDENR by March 10, 2003.
The City of Newton, which is an owner/operator of a small MS4, will be required to reduce the discharge of pollutants
to waters of the State and the United States to the "maximum extent practicable" to protect water quality. At a
' minimum, the City will be required to implement a Stormwater Management Program that must address the following
issues:
• Specify Best Management Practices (BMPs) for six minimum control measures and implement them to the
' "maximum extent practicable",
• Identify measurable goals for these control measures,
• Develop an implementation schedule for these control measures or frequency of activities, and
' • Define the responsible entity to implement these control measures.
In order to meet the above requirements, the first step is to identify activities related to stormwater that the City is
currently doing. Interviews were conducted with various relevant members of the City staff. Staff members were
chosen that deal directly and indirectly with stormwater. Staff members whose position or department could play a
major role in helping to meet permitting requirements were also consulted. Representatives from the following areas
' or departments were consulted: Public Works, Utilities, Parks and Recreation, Street Maintenance, Fire, and
Planning.
' Using information from these interviews and from numerous resources provided by these individuals, the following
narrative was developed and includes: a description of the six minimum control measures, the performance
requirements for each, the current relevant City activities and their respective deficiencies, and an action plan to
address those deficiencies for each minimum measure.
' City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-1

I
I
The State requires that the City of Newton implement the six minimum measures throughout the City's jurisdictional
area, including the ETJ (extra -territorial jurisdictional) area where possible using existing rules and ordinances. The
City of Newton does not have legal authority over their ETJ area and will therefore be unable to implement the
program in this area, with the exception of the Sediment and Erosion Control program which is enforced within the
ETJ. The City will also make available educational materials pertaining to water quality and the Phase 2 program for
people living in these areas.
7.1 Public Education and Outreach on Stormwater impacts
According to EPA guidelines, an informed and knowledgeable community is crucial to the success of a stormwater
management program since it helps ensure the following:
• Greatersupport for the program as the public gains a greater understanding of the reasons why it is
necessary and important. Public support is particularly beneficial when operators of small MS4s attempt
to institute new funding initiatives for the program or seek volunteers to help implement the program;
and
• Greater compliance with the program as the public becomes aware of the personal responsibilities
expected of them and others in the community, including the individual actions they can take to protect
or improve the quality of area waters.
In order to comply with EPA regulations and this minimum control measure, Public Education and Outreach,
operators of regulated small MS4s need to:
• Implement a public education program to distribute educational materials to the community, or conduct
equivalent outreach activities about the impacts of stormwater discharges on local water bodies and the steps
that can be taken to reduce storrnwater pollution; and
• Determine the appropriate best management practices (BMPs) and measurable goals forthis minimum control
measure.
7.1.1 BMP Summary Table
K
Q -
' BMP
E rMeasurabieGaals
Yr
Y��Yr
�2
Yr""Yr
4
�5
Ftesporisible�
w 'l?os
;�
1
Y 3,
w Pa' on
1
Community Meeting
Conduct one community meeting to
X
Public Works/Utilities
educate the general public about the
Director
impacts of stormwater run-off.
2
Generate and
Generate and distribute one general
X
X
X
X
X
Public WorkslUtilities
distribute educational
educational brochure explaining the
Director
brochures
environmental impacts of stormwater run-
off.
3
Informational Web-
Develop and maintain a stormwater
X
X
X
X
X
Public Works/Utilities
site
information page for current internet site..
Director
4
Quarterly Employee
Include one water quality related article
X
X
X
X
X
Public Works/Utilities
Newsletter
once per year in the pre-existing quarterly
Director
employee newsletter that targets a
specific stormwater problem.
5
Community Outreach
Use Newtonfest, a community arts and
X
X
X
X
X
Public Works/Utilities
entertainment festival to educate the
Director
public about water quality issues.
6
Presentations for
Develop educational information for
X
X
X
X
Public Works/Utilities
schools and
presentations to school children and
Director
civic/community
civic/community groups.
groups
' City of Newton, North Carolina
March 2003 Stormwater Management Program Report
7-2

1
i.
Igo
4�p i
{Measurable Goals
t.�w ���
rye
_YY,rYRespons
r 2'5a
3,
4
ra
Y.a .xntr...B`
WF
!Position ,
7
Public Service
Broadcast one public service
X
X
X
Public Works/Utilities
Announcement
announcement on the local Government
Director
Access Channel related to water quality
8
Business Outreach
Generate and distribute one target
X
X
Public Works/Utilities
Program
educational brochure to inform
Director
businesses on illicit discharges, reporting
and proper waste disposal practices,
7.1.2 Target Audience
The City of Newton aspires to reach a diverse population with its public education campaign. Target groups include
residential property owners, commercial and industrial business owners; school -aged children and community
leaders. These groups are being targeted for public education due to their unique stormwater impacts.
Residential property owners, community leaders and school -aged children are being targeted for basic stormwater
1 education. These groups are being targeted to ensure a basic understanding of non -point source pollution and its
impacts on the environment throughout the community. City leaders also aspire to provide these groups with basic
pollution prevention techniques they can easily implement into their everyday lives.
Non -English speaking residents are being targeted for education to ensure a basic understanding of non -point source
pollution and its impacts on the environment City leaders also aspire to provide ESL (English as second language)
' residents with basic pollution prevention techniques they can easily implement into their everyday lives.
Commercial and Industrial businesses are being targeted for education to inform owners about the impacts of illicit
discharges, reporting procedures, proper waste disposal practices, and the efforts they can take to minimize
' pollutants from their sites.
7.1.3 Target Pollutant Sources
' The City of Newton is located in Sub -basin 08-03-35 of the Catawba River Basin. According to the Catawba River
Basin -wide Water Quality Plan, "This sub -basin includes lands that drain to the upper reaches of the South Fork
' Catawba River. Land use is primarily forest (57%) and pastures (35%). Excellent water quality conditions are present
in the western portion of the sub -basin, including the Henry Fork and the Jacob Fork. Waters in the lower portion of
the sub -basin exhibit diminished water quality from the effects of agricultural activities, urban runoff and several point
' source discharges (April, 2002). Major pollutants of concern, specifically along Clark Creek, include fecal coliform
bacteria, turbidity, and copper.
Since Newton falls well within the boundaries of this particular sub -basin (08-03-35), public education and outreach
efforts will attempt to address pollutants resulting from agricultural activities, urban runoff, and point source
discharges.
City of Newton, North Carolina
March 2003 5tormwater Management Program Report 7-3

1
7.1.4 Outreach Program
Available Resources
Educational Brochures
The City has available to the public brochures and flyers dealing with recycling, solid waste collection, street
maintenance, street and security light repair, back flow prevention, water conservation, and tips for reducing utility
bills.
Website
' The City has available to the public an informational web -site detailing City services.
http://www.ci.newton.nc.us
Employee Newsletter
' The City Public Information Director currently generates a quarterly newsletter for distribution to City Employees.
Each City department has allotted space in the newsletter to publicize or promote departmental projects or initiatives.
Government Access Channel
The City currently has access to time on a cable television station to inform citizens about city services, events and
job openings.
' Educational Presentations
The City has designated staff to conduct educational presentations for local school children and civic organizations.
' Target presentations covering specific issues (i.e. recycling) and general overviews of city operations and services
are available upon request.
' Civic Involvement
The City takes an active role in the community by supporting and promoting festivals and events such as Newtonfest,
a community arts and entertainment festival. Each year the City designates staff to man an informational booth at this
event. Doing so provides staff the opportunity to provide information to the general public and field any questions that
may arise.
Outreach Plan
Educational Brochures
Target Audience; Households
' Delivery Method: Direct Mail and New Resident Information Packets
Generate and distribute one educational brochure in Year 1addressing non -point source pollution and its relation to
water quality and report number of households reached. Brochures to include information on non -point source
pollution and outline possible prevention methods. The City intends to publish brochures in both English and Spanish
in an effort to reach the most households.
' Web -page
Target Audience: General Public
Delivery Method: Current City Internet Site
tDevelop and maintain a stormwater information page for current Internet site starting in Year 1 and report number of
site visits.
' City of Newton, North Carolina
March 2003 5tormwater Management Program Report 74

r
Employee Newsletter
Target Audience: City Employees
Delivery Method: Inter -office Mail
Include one water quality related article once per year in the pre-existing quarterly employee newsletter starting in
' Year 1 Report number of employees reached annually.
Government Access Channel
Target Audience: Households
Delivery Method: Local Government Access Channel
Broadcast one public service announcement on the local Government Access Channel starting in Year 3 related to
water quality to reinforce the importance of clean water. Report the message shared.
' Educational Presentations
Target Audience: School Aged Children and Civic/Community Groups
Delivery Method: Live Presentation
' Develop educational information for presentations to school children and civicicommunity groups starting in Year 2.
Report the number of groups reached and the message shared.
City Sponsored Events and Festivals
Target Audience: General Public
Delivery Method: Informational Booth
' Use Newtonfest, a community arts and entertainment festival to educate the public about water quality issues starting
in Year 1 by distributing brochures and other water quality related educational materials to individuals attending the
event. Report on the message shared.
Business Outreach Program
' Target Audience: Businesw7ndustry Owners
Delivery Method: Direct Mail
' Generate and distribute one target educational brochure in Year 4 to inform businesses on illicit discharges, reporting
and proper waste disposal practices. Report on the number of businesseslindustries reached and the message
shared.
' 7.1.5 Decision Process
The City of Newton is taking a rational and logical approach to educating the public about water quality issues. Since
our community lacks a basic understanding of non -point source pollution and its impacts on the environment City
leaders aspire to first provide the identified target groups with a base knowledge and understanding of non -point
source pollution by saturating the public with general water quality information and pollution prevention techniques
' using various media outlets.
After establishing a basic understanding of water quality issues among target groups using various media outlets,
City leaders aim to narrow the program's focus to target more specific audiences by creating, distributing and
presenting tailored information designed to meet each groups' individual educational needs.
1
City of Newton, North Carolina
March 2003 Stormwatef Management Program Report 7-5

1
To accomplish these goals, City leaders intend to designate a staff person to actively pursue opportunities to share
' water quality information with target groups by directly contacting groups and disseminating information in a
deliberate manner.
' 7.1.6 Evaluation
Since evaluating the success of a public education campaign is somewhat hard to define, success will be measured
by assessing the number of defined program tasks completed and reported by the responsible party in the
designated year of completion. Tasks completion will be directly tied to the responsible parry's annual performance
review to ensure timely completion and reporting. For a detailed outline of measurable tasks refer to section 7.1.1.
7.2 Public involvement and Participation
Federal Guidelines state:
EPA believes that the public can provide valuable input and assistance to a regulated small MS4's municipal
stormwater management program and, therefore, suggests that the public be given opportunities to play an
active role in both the development and implementation of the program. An active and involved community
is crucial to the success of a stormwater management program because it allows for.
• Broader public support since citizens who participate in the development and decision making process
' are partially responsible for the program and, therefore, may be less likely to raise legal challenges to
the program and more likely to take an active role in its implementation;
1.1
1
• Shorter implementation schedules due to fewer obstacles in the form of public and legal challenges and
increased resources in the form of citizen volunteers;
• A broader base of expertise and economic benefits since the community can be a valuable, and free,
intellectual resource; and
• Conduits to otherprograms as citizens involved in the stormwater program development process
provide important cross -connections and relationships with other community and government
programs. This benefit is particularly valuable when trying to implement a stormwater program on a
watershed basis, as encouraged by EPA.
To satisfy this minimum control measure, the operator of a regulated small MS4 must:
Comply with applicable State, Tribal, and local public notice requirements; and
• Determine the appropriate best management practices (BMPs) and measurable goals for this minimum
control measure.
' City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-6

1
7.2.1 BMP Summary Table
L
11
1
" 'SMP
-, _4WR 4
�' M surable Goals
z : k . r �
YF
i
hYr
2,
Y;r�
3n�.
1(r
4
Yr
5
Respansiwibt
.. Pa Il?asibon
1
Stormwater Task
Coordinate the organization of a
X
X
X
X
X
Public
Force
Stormwater Task Force The City aspires
Works/Utilities
to use this group as a sounding board for
Director
stormwater program development and
future stormwater initiatives.
2
City-wide Clean -Up
Work with area community groups and
X
X
X
X
X
Public
Event
other city departments to plan and
Works/Utilities
organize a volunteer driven city-wide
I
Director
clean-up event to promote water quality
and over-all environmental awareness.
3
Newton Enviro-Stars
Organize and implement Newton Enviro-
X
X
X
X
Public
Volunteer Program
Stars Volunteer Program to include the
WorkslUtilities
initiation of Adopt -a -Street and Adopt -a-
Director
Stream volunteer programs.
4
Mark Storm Inlets with
Coordinate City Staff and Volunteers to
X
X
X
X
Public
Environmental
mark storm inlets with environmental
Works/Utilities
Messa es
messages.
Director
5
Earth Day Celebration
Partner with City's Parks and Recreation
X
X
X
Public
Department to plan and organize a City
Works/Utilities
sponsored event to celebrate Earth Day.
Director
6
Used Oil Recycling
Expand City's in-house used oil recycling
X
X
Public
Program
program to include residential used oil.
Works/Utilities
Director
7
Logo Design Contest
Involve school -aged children in stormwater
1
X
Public
program development by sponsoring a
Works/Utilities
logo design contest. Logo to be used as
Director
part of future public education/outreach
materials.
' 7.2.2 Target Audience
The City of Newton aspires to reach a diverse population with its public involvement campaign. Target groups include
' residential property owners, commercial and industrial business owners; school aged children as well as
community/civic leaders. These groups are being targeted for public involvement to increase their understanding of
the importance of clean water by directly involving them in water protection projects. The City also aspires to increase
civic pride among the general public by promoting the quality of life benefits associated with maintaining a clean
environment free of pollution and debris.
7.2.3 Participation Audience
Available Resources
rEarth Day
Earth Day, a worldwide event held every year in April, celebrates the Earth's natural environment. Groups around the
world organize events each year to raise awareness of environmental issues and sustain public commitment to
environmental protection. In April 2000, a representative from the City of Newton Public Works and Utilities
1 City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-7

' Department resented information about recycling and the concepts of conservation to school children. In
P P Y 9 P
conjunction with the educational presentations, the Public Works and Utilities Department sponsored a contest. The
contest asked students to bring items to school the City of Newton Public Works and Utilities Department accepts as
part of their ongoing community recycling program. Students were then asked to reuse items in a different way to
create a new item.
' The Newton Parks and Recreation Department recognizes the celebration of Earth Day each year by planting a tree
in one of City's park facilities.
City-wide Clean -Up Event
Every April, the City of Newton Appearance Commission sponsors a city-wide, week-long clean up event to
encourage Newton residents to clean-up their personal property.
Citizen Participation on Committees
' The City of Newton currently seeks citizen in put by asking residents to serve on various city committees. To date the
City sponsors seven committees. They include: the Appearance Commission, Downtown Newton Development
Association, Festival and Events Committee, Off -Street Parking Committee, Parks and Recreation Commission, and
the Police Advisory Board.
' Volunteerism
Special assistance is provided to the City through the efforts of volunteers. The City uses volunteers to assist with the
' preparation and distribution of the City's quarterly citizen newsletter as well clean-up projects in the city's park
facilities as needed.
' Household Hazardous Material Collection Day
Each spring Catawba County sets up collection sites throughout the county for the safe disposal of household waste
including lawn and garden pesticides and fertilizers, paint and paint thinner, anti -freeze, brake fluid, gasoline and oil
' mixtures. Newton residents are encouraged to dispose of their household waste at one of the county collection sites
on the appropriate day.
' While the City of Newton does not currently conduct a Household Hazardous Collection Day, they do promote and
encourage city residents to participate in the Household Hazardous Material Collection Day sponsored by the county
by advertising the event in the quarterly newsletter, on the city's web -site and in the local newspaper as part of the
City's monthly community up -date.
' Involvement Plan
I
Stormwater Task Force
Target Audience: Impacted Stakeholders
' Coordinate the organization of a Stormwater Taskforce starting in Year 1 to include group representatives having
unique stormwater. The City aspires to use this group as a sounding board for stormwater program development and
future stormwater initiatives. Report the number of meetings held.
' City-wide Clean -Up Event
Target Audience: General Public
Work with area community groups and other city departments starting in Year 1 to plan and organize a volunteer
driven city-wide clean-up event to promote water quality and over-all environmental awareness. Report on the type of
projects completed and number of participants.
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-8

1
1
1
1
77
LI
1
Newton Enviro-Stars Volunteer Program
Target Audience: General Public
Organize and implement Newton Enviro-Stars Volunteer Programs starting in Year 2 to include the initiation of Adopt -
a -Street and Adopt -a -Stream volunteer programs, Report on the miles of streets and streams cleaned annually.
Mark Storm Inlets with Environmental Messages
Target Audience: City Employees and the General Public
Coordinate City Staff and Volunteers starting in Year 2 to mark storm inlets with environmental messages. Report
number of drains marked.
Earth Day Celebration
Target Audience: General Public
Partner with City's Parks and Recreation Department starting in Year 3 to plan and organize a City sponsored event
to celebrate Earth Day on an annual basis. Report annually on the types of information disseminated and activities
conducted.
Used Oil Recycling Program
TargetAudience: Households
Expand City's current in-house used oil recycling program starting in Year 4 to include the acceptance of residential
used oil. Report the number of gallons collected.
Logo Design Contest
Target Audience: School -Aged Children
Involve school -aged children in stonnwater program development by sponsoring a logo design contest in Year 5.
Logo to be used as part of future public education/outreach materials. Report on number of children participating.
7.2.4 Decision Process
The City aspires to involve as many people in its Stormwater Management Program as feasibly possible. To
accomplish this goal, City leaders plan to host a broad range of activities involving all potentially affected stakeholder
groups including residents, businesslindustry owners, school children, etc...). Since individuals desire different levels
of community involvement, activities requiring different levels of involvement are being addressed in the City's Public
Involvement Program. For those wishing to take an active role, the City is providing volunteer programs through its
Newton Enviro-Stars Program. For those wishing to be less active, the City plans other outlets for participation
including a used oil recycling program and an Earth Day celebration.
To accomplish these goals, City leaders intend to designate a staff person to coordinate the City's Public Involvement
Program by directly contacting groups and disseminating information about involvement opportunities in a deliberate
manner.
7.2.5 Evaluation
Program success will be evaluated by assessing the number of defined program tasks completed by the responsible
party in the designated year of completion. Tasks completion will be directly tied to the responsible parry's annual
performance review to ensure timely completion. For a detailed outline of measurable tasks refer to section 7.2.1.
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-9

' individuals r participating in its Public Involvement Program
The City intends to document the number of �nd� duals and groups p pat g g
each year and report the data annually to the State.
7.3 Illicit Discharge Detection and Elimination
' To eliminate illicit discharges into the City's storm sewer system, the City of Newton will be required to develop a
strategy to detect and eliminate such discharges. An illicit discharge has been defined by the EPA as "any discharge
into a separate storm sewer system that is not composed entirely of stormwater". Typically, illicit discharges enter a
storm sewer system either through direct connections, e.g., sanitary sewer piping, or indirectly from cracked sanitary
sewer conveyance systems, spills collected by storm drains, or from contaminants dumped directly into a sewer inlet.
The following are typical examples of illicit discharges:
• Sanitary wastewater
• Effluent from septic tanks
' Laundry wastewater
• Commercial car wash discharges
• Improper disposal of household or automotive toxics
• Spills from roadway accidents
Pollutants from these sources can include heavy metals, toxics, oils and grease, solvents, nutrients, viruses, and
' harmful bacteria. Substantial levels of these contaminants can damage fish and wildlife habitats, decrease aesthetic
value, and more importantly threaten public health due to contaminated food and drinking water supplies.
To comply with NPDES Phase ll program requirements, the City will be required to address the following
requirements:
• Develop a storm sewer map illustrating the location of all storm sewer outfalls and the names and location of all
' waters of the United States that receive discharges from these outfalls.
• Prohibit the discharge of non-stormwater discharges into the City's storm sewer system through the
implementation of an ordinance or other regulatory mechanism.
' Develop a plan to detect and address non-stormwater discharges, including illegal dumping.
• Educate public employees, businesses, and the general public regarding the impacts associated with illegal
discharges and the improper disposal of waste.
7.3.1 BMP Summary Table
'.l
fl
L
I�
BNiP Y
Measurable Goal`s.,,
Y�
Y,e
Yr
Y�
�4i
Yr'
"Res sonsitilelIf..�;
piio1
`
_
2
3 ,
5
Part IPos�6o
1
Storm sewer system
Develop storm sewer outfall map
X
X
X
X
Public
map
Works/Utilities
Director
2
Illicit discharge
Develop a comprehensive ordinance that
X
X
Public
ordinance
addresses all aspects of illicit discharge
Works/Utilities
location and elimination, including
Director
monitoring requirements, penalties, and
rohibitions
3
Illicit discharge
Develop and implement a program to
X
X
X
X
Public
detection and
locate and address illicit discharges
Works/Utilities
elimination
located during outfall inventory. Modify
Director
field rocedures if necessary.
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-10

I
1
.,
13MP:'
'Measiii�able Goals' "' °
Yr,Yr;
�2
�Y��",Y�a
3
�+"45�Pa'
Y�
�Responsltile x '
(Position
4
Public education
Develop or use existing educational
X
X
X
X
X
Public
materials to inform the general public and
Works/Utilities
targeted businesses about illicit
Director
discharges,
7.3.2 Storm Sewer System Map
One of the major tasks associated with this minimum control measure is the development of mapping of the City's
regulated MS4 outfalls. Unfortunately, the City of Newton does not currently have any form of comprehensive
documentation of the City's storm sewer system or the regulated outfalls.
The City of Newton must develop a storm sewer map illustrating the location of all storm sewer outfalls and the
' names and location of all waters of the United States that receive discharges from those outfalls. EPA defines an
outfall as "a point source at the point where a municipal separate storm sewer discharges to waters of the United
States". These waters of the United States generally include any waterway that is identified on a USGS 7.5'
topographic quadratic map. A map showing these waterways within the city limits of Newton is located in Appendix
B.
The inventory of the City's outfalls will help the City gain awareness of their system and the location of the discharge
points. EPA recommends collecting all available existing information that may include outfall locations such as City
records, construction plans, and drainage studies and then field verifying their locations. However, it is likely that
' most of the storm sewer system will not be identified on any available form of mapping. In order to obtain a
comprehensive map of the City's outfalls, it will be necessary to walk the jurisdictional waterways and locate outfalls
by visual observation.
A storm sewer system map will be developed that shows the location of all regulated outfalls and the names and
location of all receiving waters. These outfalls will be located and verified in the field using GPS technology. The map
will be regularly updated when new outfalls are located, either through identification by City staff or through as -built
submittals from developers.
7.3.3 Regulatory Mechanism
In order to prohibit illicit discharges to the MS4, the City must adopt a new ordinance. The City will create a new
ordinance to address illicit discharges and connections. This ordinance will include language that specifically relates
' to the requirements of the NPDES MS4 permit such as:
Findings of fact
• Objectives
• Prohibitions
• Notification of spills and violations
• Requirements for monitoring
' Inspections
• Penalties
' 7.3.4 Enforcement
The illicit discharge ordinance mentioned above will be implemented and enforced to ensure that illicit discharges or
connections are eliminated. This ordinance will require that violators address illicit connections within a certain time
frame or they will face penalties to be determined when the illicit discharge ordinance is developed.
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-11

1
7.3.5 Detection and Elimination
tThe City of Newton must also develop a program to detect and eliminate illicit discharges. In order to detect non-
stormwater discharges, the City must develop a program and methodology for identification of these discharges. EPA
1 has determined that after a 72-hour time period of no rainfall, any discharge from a municipal separate storm sewer
may be non-stormwater related. Therefore, unless the discharge is exempt from the regulation, i.e. irrigation water,
water line flushing, or residential car washing, the discharge is considered an illicit. In order to determine the source
of the discharge, grab sampling must be performed during dry weather conditions. Regulated communities are then
required to analyze the constituents in the sample in order to determine the source of the discharge and to eliminate
the contaminant if it is an illicit connection or discharge.
The locations of the City's outfalls will be mapped using GPS technology linked to a Geographical Information
System (GIS) database. Attributes of individual outfalls such as shape, type, size, and conditions will be recorded
digitally as the outfalls are located. This data will then be incorporated into the City's GIS.
' The following sections include procedures and guidelines for tracking potential illicit discharges. These procedures
and guidelines are proposed, but may be changed based on actual field experiences and the needs of the City of
Newton. The procedures will be evaluated during the first year of inventory collection and will be modified if
necessary at that time.
7.3.5.1 Procedures for Location of Priority Areas
Sanitary Sewer Issues
1 One of the most common and easily detectable types of illicit discharge is domestic wastewater. Discharge from a
cracked sewer line or a cross connection is usually associated with extremely unpleasant odors and contains
evidence that the common citizen will recognize. Therefore, unlike other illicits, detection of this type of discharge
' does not generally require sampling for positive identification. However, wastewater illicits are a recurring problem.
Despite proper design and construction techniques, leaks will continue to occur due to old infrastructure, erosion, and
numerous other means. The City of Newton, like virtually every other municipal wastewater system, has experienced
some minor problems.
The City of Newton has taken steps to alleviate inflow and infiltration (I&l) into the wastewater system. Although
' inflow to the system does not affect the quality of surface runoff, cracks that allow inflow will also allow outflow should
portions of the system become backed up or completely full. Therefore, cracks in the sewer system increase
treatment costs due to the treatment of stormwater, decrease overall plant capacity, and have the potential to
endanger the quality of surface waters. In the early 1990s, an I&I study of the system was performed. The City is
proactively replacing and repairing older sanitary sewer lines that have greatly reduced the number of overflows. The
City has in place a notification policy for any sanitary sewer spill or overflow. Each spill that reaches surface waters of
the State must be reported to the State.
Field crews will take special care around sanitary sewer crossings to identify any possible illicit discharges.
7.3.5.2 Procedures for Tracing Illicits
Outfali Inventory/Mapping
The EPA requirements for Phase I communities are to collect data on all existing outfalls 12" or larger in industrial
areas, and 36" and greater in all other areas. Ditches in industrial land use areas will be picked up when their
drainage areas are 2 acres or more. Ditches in all other land use categories will be included when the drainage areas
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-12

leading to them are 50 acres or more. The inventory should include attributing it for the following: inspection date and
' time, site description, outfall size and material, discharge color, discharge odor, presence and type of floatables,
discharge turbidity, deposits/stains, vegetative condition, presence or absence of flow.
Dry Weather Screening Procedures
' The inventoried outfalls will serve as the basis for identifying the field screening areas. Dry weather screening only
takes place greater than seventy-two hours after a storm event greater than 0.1 inches. The National Weather
Service Stations should be consulted for rainfall quantities in the area, along with local weather reports and rain
gauges placed near the areas to be screened.
' Only major outfalls with observed dry weather flow are required to be sampled. The status of flowing outfalls should
be integrated into the GIS outfall coverage.
' Once an outfall is found to have a dry weather discharge, additional measures must be taken to determine whether
the discharge is illicit.
Illicit Cbnnection Investigative Procedures
The illicit connections program is composed of a set of investigative procedures to determine if a dry weather
' discharge is illicit and, if so, how to deal with it. Below is an overview of the illicit discharge investigation procedures
that will be used by the City.
1. Check each outfall for dry weather flow. Upon finding dry weather discharge or other evidence of an illicit
' discharge (i.e. odor, discoloration of surrounding area, etc.) perform a visual inspection looking for those items
listed below. Also check for odor, flow depth and flow quantity.
2. Perform field testing for water temperature and pH and obtain a sufficient sample to test for total chlorine,
detergentslsurfactants, phenols and copper. The site should be sampled again no less than four hours later, but
no more than 24 hours later.
3. If, upon returning for the second sample, there is no flow, note as such and return the following day. After three
no flow" conditions, and lacking additional evidence of an illicit discharge the outfall may be removed from the
potential illicit discharge list.
4. If flow continues on the second day, record the data in the Potential Illicit Discharge database.
' 5. Begin walking the contributing system upstream until flow is no longer found.
6. Check the watershed for facilities that may contribute the identified parameters found in steps 1 and 2 to
determine a list of potential sources of the dry weather flow.
7. Inspect suspected facilities for potential illicit connections.
8. Notify owner of the facility of the potential violation, identify steps to be taken, and establish schedule for
removal.
9. Perform a follow-up investigation at the site to ensure that the illicit has been removed.
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-13

State of North Carolina
OFFICE USE ONLY
Date Rec'd
vv o3
Fee Paid
u~
CIS
PerniivNumber
tJeSWO'3
Del)artment of Environment & Natural Resources
Division of Water Quality
)RMWATER PERMIT APPLIC
7
This application form is for use by public bodies seeking N13DES stormwater permit cov'ia e for..•_
Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2F :0i26:.A
complete application package includes this form and three copies of the narrative documentation.required/
in Section X of this form. This application form, completed in accordance with Instructions for
completing NPDLS Smidl MS4 Storm+muter Permit Application (SWU-270) and the accompanying
narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive
Stot-inwater Mantigement Program Report (SWU-268) are both required for the application package to be
considered a complete application submittal. Incomplete application submittal may be returned to the
applicant.
11
APPLICANT STATUS INFORMATION
a.
Name of Public Entity Seeking Permit
Coverage
City of Newton
b.
Ownership Status (federal, state, or local)
Local
C.
Type ol' Public Entity (city, town, county,
prison, school, etc.)
City
d.
Federal Standard Industrial Classification
Code
SIC 91-97
C.
County(s)
Catawba
f.
Jurisdictional Area (square miles)
13 square miles, ETJ 5.82 square miles
g.
Population
Permanent
1 12,560
Seasonal (if available)
h.
Ten-year Growth Rate
3.48%
i.
Located on Indian Lands
No
RPE / MSR SYSTEM INFORMATION
a.
Storm Sewer Service Area (Square miles)
13 square miles
b.
River Basin(s)
Catawba
C.
Number of Primary Receiving Streams
65
d.
Estimated percentage of jurisdictional area containin = the. following four land use activities:
• Residential
36.90%n
• Commercial
6.59%
• Industrial
8.73%n
• Open Space
47.780/a
Total =
100%
e,
Are there significant water quality issues
listed in the attached application report?
No

NPDES RPE Stormwater Permit Application
ej
Ill. EXISTING LOCAL WATER QUALITY PROGRAMS
a. Local Nutrient Sensitive Waters Strategy
No
b. Local Water Supply Watershed Program
No
C. Delc ated Erosion and Sediment Control Program
Yes
d. CAMA Land Use Plan
No
IV. CO-PERMITAPPLICATION STATUS INFORMATION
(Complete this section only if co -permitting)
a. Do you intend to co -permit with a
omitted Phase I entity?
No
b. If so, provide the name and permit number of
that entity:
• Name of Phase I MS4
• NPDES Permit Number
C. Do you intend to co -permit with another
Phase 11 entity?
No
d. If so, provide the name(s) of the entity:
e. Have legal agreements been finalized
between the co- ermittees?
NIA
V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT
OBLIGATION (If more than one, attach additional sheets)
a. Do you intend that another entity perform Yes
one or more of your permit obligations?
b. If yes, identify each entity and the element t ey will be implementing
• Name of Entity
Catawba County Environmental Health Division
• Element they will im Iement
Fecal coliform control (septic tank regulation)
• Contact Person
Russell Williams
• Contact Address
P.O. Box 389, Newton, NC 28658
• Contact Telephone Number
828.465.8200
C. Are legal agreements in place to establish
res onsibil[ties
No
VI. DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff
member. This delegation must name a specific person and position and include documentation of
the delegation action through board action.
a. Name of person to which permit authority
has been delegated
b. Title/ osition of person above
C. Documentation of board action delegating permit authority to this person/position must be
provided in the attached application report.
5SWU-264-103102
Page 2

NPDES RPE Storniwater Permit Application
VIL SIGNING OFFICIAL'S STATEMENT
Please see the application instructions to determine who has signatory authority for this permit
application. If authority for the NPDES stormwater permit has been appropriately delegated
through board action and documented in this permit application, the person/position listed in
Section VI above may sign the official statement below.
1 certify, ruiner penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible.for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations.
Signature (,
Name
Wayne Dellinger
Title
Mayor
Street Address
401 N. Main Ave.
PO Box
PO Box 550
Citz
Newton
State
NC
Zip
28658
Tele hone
828.465.7400
Fax
828.465.7419
E-Mail
wdellin [e-mail]
Vlll. MS4 CONTACT INFORMATION
Provide the following information for the person/position that will be responsible for day to day
implementation and oversight of the stormwater program.
a.
Name of Contact Person
Martin D. Wilson
b.
Title
Public Works/Utilities Director
C.
Street Address
201 W. 4" St.
d.
PO Box
P.O. Box 550
e.
City
Newton
f.
State
North Carolina
9.
Zip
28658
h.
Telephone Number
828.465.7460
i.
Fax Number
828.465.7422
j.
E-Mail Address
mwi[[e-mail]
5SWU-264-103102
Page 3

NPDES RPE Stormwater Permit Application
N
IX. PERMITS AND CONSTUCTION APPROVALS
List permits or construction approvals received or applied for under the following programs.
Include contact name if different than the person listed in Item VIII. If further space is needed,
attach additional sheets.
a. RCRA Hazardous Waste Management
Pro *ram
b. UIC prograrn under SDWA
C. NPDES Wastewater Discharge Permit
NC036196
Number
d. Prevention of Significant Deterioration
(PSD) Program
C. Non Attainment Program
f. National Emission Standards for
Hazardous Pollutants (NESHAPS)
reconstruction approval
g. Ocean dumping permits under the Marine
Protection Research and Sanctuaries Act
h. Dredge or fill permits under Section 404 of
CWA
X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT
PROGRAM REPORT
Attach three copies of a comprehensive report detailing the proposed stormwater management
program for the five-year permit term. The report shall be formatted in accordance with the Table
of Contents shown below. The required narrative information for each section is provided in the
Instructions for Preparing the Comprehensive Storrnwater Management Program Report (SWU-
268). The report must be assembled in the following order, bound with tabs identifying each
section by name, and include a Table of Contents with page numbers for each entry.
TABLE OF CONTENTS
1. STORM SEWER SYSTEM INFORMATION
I.1 Population Served
1.2 Growth Rate
1.3 Jurisdictional and MS4 Service Areas
1.4 MS4 Conveyance System
1.5 Land Use Composition Estimates
1.6 Estimate Methodology
1.7 TMDL Identification
2. RECEIVING STREAMS
EXISTING WATER QUALITY PROGRAMS
3.1 Local Programs
3.2 State Programs
5SWU-264-103102
Page 4

NPDES RPE Stormwater Permit Application
PERMITTING INFORMATION
4.1 Responsible Party Contact List
4.2 Organizational Chart
4.3 Signing Official
4.4 Duly Authorized Representative
5. Co -Permitting Information (if applicable)
5.1 Co-Permittee
5.2 Legal Agreements
5.3 Responsible Parties
6. Reliance on Other Government Entity
6.1 Name of Entity
6.2 Measure Implemented
6.3 Contact Information
7. STORMWATER MANAGEMENT PROGRAM
7.1 Public Education and Outreach on Stormwater Impacts
7.2 Public Involvement and Participation
7.3 Illicit Discharge Detection and Elimination
7.4 Construction Site Stormwater Runoff Control
7.5 Post -Construction Stormwater Management in New Development and Redevelopment
7.6 Pollution Prevention/Good Housekeeping for Municipal Operations
55WU-264.103102 Page 5

OFFICE USE ONLY
Date Rec'd
y/•f a3
Fee Paid
-7IS tj
PernliP'Number
Nesaw 3
State of North Carolina
Department of Environment & Natural Resources
Division of Water Quality
NPllES STORMWATER PERMIT APPLICATION
This application form is for use by public bodies seeking NPDES stormwater permit cov�i-agc'.fot-.,
Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H:,p1.26'..,A /0�
complete application package includes this form and three copies of the narrative documentation:requrred F' Y f'
in Section X of this form. This application form, completed in accordance with Instruclions for
completing NPDES Small MS4 Storrnwaler Permit Application (SWU-270) and the accompanying
narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive
Stornnivater Management Program Report (SWU-268) are both required for the application package to be
considered a complete application submittal. Incomplete application submittal may be returned to the
applicant.
I. APPLICANT STATUS INFORMATION
a.
Name of Public Entity Seeking Permit
Coverage
City of Newton
b.
Ownership Status (federal, state, or local)
Local
C.
Type of Public Entity (city, town, county,
prison, school, etc.)
City
d.
Federal Standard Industrial Classification
Code
SIC 91-97
C.
County(s)
Catawba
f.
Jurisdictional Area (s uare miles)
13 square miles, ETJ 5.82 square miles
g.
Population
Permanent
12,560
Seasonal (if available)
h.
Ten-year Growth Rate
3.49%
i.
Located on Indian Lands
No
IL RPE 1 MSR SYSTEM INFORMATION
a.
Storm Sewer Service Area (Square miles)
13 square miles
b.
River Basin(s)
Catawba
C.
Number ofPrimary Receiving Strearns
65
d.
Estimated percentage of jurisdictional area containing the following four land use activities:
• Residential
36.90%
• Commercial
6.59%
• Industrial
8.73%n
« Open Sp -ace
47.78%
Total =
100%
C.
Are there significant water quality issues
listed in the attached application report?
No

NPDES RPE Stormwater Permit Application
III. EXISTING LOCAL WATER QUALITY PROGRAMS
a. Local Nutrient Sensitive Waters Strategy
No
b. Local Water Supply Watershed Program
No
C. Delegated Erosion and Sediment Control Pro Tram
Yes
d. CAMA Land Use Plan
No
IV. CO -PERMIT APPLICATION STATUS INFORMATION
(Complete this section only if co -permitting)
a. Do you intend to co -permit with a No
permitted Phase I entity?
b. If so, provide the name and permit number of
that entity:
• Name of Phase I MS4
• NPDES Permit Number
C. Do you intend to co -permit with another
Phase II entity?
No
d. If so, provide the name(s) of the entity:
C. Have legal agreements been finalized
between the co- ermittees?
NIA
V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT
OBLIGATION (If more than one, attach additional sheets)
a. Do you intend that another entity perform
one or more of your permit obligations?
Yes
b. ll es, identify each entity and the element t ey will be im lementin
• Name of Entity
Catawba County Environmental Health Division
• Element they will implement
Fecal coliform control (septic tank regulation)
• Contact Person
Russell Williams
• Contact Address
P.O. Box 389, Newton, NC 28658
• Contact Telephone Number
828.465.8200
C. Are legal agreements in place to establish
responsibilities
No
V1. DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff
member. This delegation must name a specific person and position and include documentation of
the delegation action through board action.
a. Name of person to which permit authority
has been delegated
b. Title/position of person above
C. Documentation of board action delegating permit authority to this person/position must be
provided in the attached application report.
5SWU-264.103102
Page 2

NPDES RPE Stormwater Permit Application
VII. SIGNING OFFICIAL'S S'CATEMENT
Please see the application instructions to determine who has signatory authority for this permit
application. If authority for the NPDES stormwater permit has been appropriately delegated
through board action and documented in this permit application, the person/position listed in
Section VI above may sign the official statement below.
I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the hest of ►ny knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting fidse information,
including the possibility of fines and imprisonment for knowing violations.
Si nature ` c• '
Name
Wayne Dellinger
Title
Mayor
Street Address
401 N. Main Ave.
PO Box
PO Box 550
City
Newton
State
NC
Zip
28658
Telephone
828.465.7400
Fax -
828.465.74t9
E-Mail
I wdellin [e-mail]
VI11. MS4 CONTACT INFORMATION
Provide the following information for the person/position that will be responsible for day to day
implementation and oversight of the stormwater program.
a.
Name of Contact Person
Martin 17. Wilson
b.
Title
Public Works/Utilities Director
C.
Street Address
201 W. 4h St.
d.
PO Box
P.O. Box 550
e.
City
Newton
f.
State
North Carolina
9.
Zip
28658
h.
Telephone Number
828.465.7460
i.
Fax Number
828.465.7422
E-Mail Address
[e-mail]
5SWU-264.103102
Page 3

NPDES RPE Stormwater Permit Application
IX. PERMITS AND CONSTUCTION APPROVALS
List permits or construction approvals received or applied for under the following programs.
Include contact name if different than the person listed in Item VIII. If further space is needed,
attach additional sheets.
a. RCRA Hazardous Waste Management
Pro ram
b. UIC program under SDWA
C. NPDES Wastewater Discharge Permit
NC036196
Number
d. Prevention of Significant Deterioration
(PSD) Program
C. Non Attainment Program
f. National Emission Standards for
Hazardous Pollutants (NESHAPS)
reconstruction a proval
g. Ocean dumping permits under the Marine
Protection Research and Sanctuaries Act
h. Dredge or fill permits under Section 404 of
CWA
X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT
PROGRAM REPORT
Attach three copies of a comprehensive report detailing the proposed stormwater management
program for the five-year permit term. The report shall be formatted in accordance with the 'Fable
of Contents shown below. The required narrative information for each section is provided in the
Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-
268). The report must be assembled in the following order, bound with tabs identifying each
section by name, and include a Table of Contents with page numbers for each entry.
TABLE OF CONTENTS
1. STORM SEWER SYSTEM INFORMATION
1.1 Population Served
1.2 Growth Rate
1.3 Jurisdictional and MS4 Service Areas
1.4 MS4 Conveyance System
1.5 Land Use Composition Estimates
1.6 Estimate Methodology
1.7 TMDL Identification
2. RECEIVING STREAMS
EXISTING WATER QUALITY PROGRAMS
3.1 Local Programs
3.2 State Programs
5SWU-264-103102
Page 4

NPDES RPE Stormwater Permit Application
4. PERMITTING INFORMATION
4.1 Responsible Party Contact List
4.2 Organizational Chart
4.3 Signing Official
4.4 Duly Authorized Representative
5. Co -Permitting Information (if applicable)
5.1 Co-Permittee
5.2 Legal Agreements
5.3 Responsible Parties
Reliance on Other Government Entity
6.1 Name of Entity
6.2 Measure Implemented
6.3 Contact Information
STORMWATER MANAGEMENT PROGRAM
7.1 Public Education and Outreach on Stormwater Impacts
7.2 Public involvement and Participation
7.3 Illicit Discharge Detection and Elimination
7.4 Construction Site Stormwater Runoff Control
7.5 Post -Construction Stormwater Management in New Development and Redevelopment
7.6 Pollution Prevention/Good Housekeeping for Municipal Operations
5SWU-264-103102 Page 5

Transmittal
V{I00>�ERT If enclosures are not received as noted below,
please call sender or Woolpert at 704.525.6284
Date: March 3, 2003
MAR 5 2003
1l
J
To: Darren England
Stormwater & General Permits Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: NPDES Phase II Stormwater
City of Newton, North Carolina
Order Number: 60468-04-123
Shipped Via: UPS 2M Day Air
We are sending you
❑ Shop Drawings ❑ Samples ❑ Specifications ❑ Plans ❑ Change Order
® Other NPDES Stormwater Permit Applications & applicable fees
Copies
Date
No.
Description
1
NPDES Stormwater Permit A plication Form (SWU-264)
3
City of Newton Stormwater Management Plan
1
NOI — General Permit NCGO80000
1
NOI — General Permit NCG 110000
Remarks:
Please contact me with any questions about this submittal.
Signature: CL
Ten-] Reid
704.525.6284 Ext. 306
WOOLPERT LLP
8731 Red Oak Boulevard, Suite 101 • Charlotte, North Carolina 28217-3958
704.525.6284 • Fax [phone] • www.woolpert.com

Visual Inspection Investigation
The initial investigation is based on visual inspection, including -
Odor
g p 9
Odor
The odor of stormwater discharges will vary widely. Odor can be a good indicator of the type of pollutant in the
water. For instance, stormwater discharges may smell like sewage, oil, gasoline, or may contain a chemical
smell. Decomposition of organic materials can also cause a distinctive sulfur odor. Odors may vary greatly with
changes in temperature and time of year.
r, Color
r1
L
1
Color can also be an important factor in determining the source of an illicit discharge. The particular color
should be noted and tracked upstream as far as possible. Sewage will typically have a gray or brown color,
whereas industrial wastes may have a variety of colors.
Turbidity
Turbidity is a measure of the amount of suspended matter in the water and affects the clarity of the discharge.
Discharges from industrial facilities are often highly turbid. Although erosion can also create highly turbid water,
this should not be the case during dry weather flows. Each inspection should note the relative degree of
turbidity.
• Floatables
Floatables are solids and liquids that float on the surface of the water. Floatables may include substances such
as animal fats, food products, trash, oils, plant materials, solvents, foams, or gasoline. Floatables can often lead
directly to the manufacturing process or other source of the illicit discharge. A full description of the type and
quantity of the floatables and a photograph of the discharge should be included in the report.
0 residue
Residue left on the conveyance system can be an indicator of an illicit discharge. Discoloration of the pipe or
channel should be tracked upstream. It is also important to note the location of the discoloration or stain within
the conveyance system. For example, is it just a line of residue half way up the pipe or is the pipe completely
stained for some depth?
* Vegetation
Vegetation growing in the immediate discharge area should be noted in relation to vegetation growing in the
general vicinity of the outlet. Certain discharges can cause substantial changes in plant growth. Discharges
containing a high nutrient content may cause increased growth while discharges with severe changes in pH
may cause a decrease in growth. Although vegetation patterns may serve as an indicator of non-stormwater
discharges, they are also difficult to interpret. Time of year, rainfall patterns, exposure to sun all affect plant
growth and may be contributing factors to the changes in vegetation patterns. Caution should be used when
considering vegetation as an indicator of an illicit discharge.
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-14

• Structural Damage
Like residue, structural damage to the conveyance system can also be an indicator of an illicit discharge.
Structural damage is typically more noticeable in concrete pipes. Acidic discharges may cause cracking,
spauling, or deterioration of the concrete. The location of the damage within the pipe and the distance upstream
will be important in determining the type of pollutant and the source of the discharge.
Field Testing Investigation
In addition to visual inspection, field testing investigation may be performed to determine the source of the illicit
discharge. Field testing should be done for the following characteristics:
' • Temperature
Water temperature that varies greatly from the ambient air temperature is a good indicator that there is an illicit
discharge to the system.
' pH
The normal pH of stormwater typically ranges from 6 to 7.5. Values outside of this range are an indicator of an
illicit discharge. Water with values of 3 to 6 are acidic and may indicate discharges from textile mills,
pharmaceutical manufacturers, metal fabricators and companies that produce resins, fertilizers, or pesticides.
Wastes containing sulfuric, hydrochloric, or nitric acids are a common source of contamination. Water with
values of 8 to 12 may indicate discharges from industries such as the following; textile mills, metal plating
facilities, steel mills, and producers of rubber and plastic. Wash water used to clean Floors and industrial
machinery may also produce alkaline wastewater.
• Copper
Elevated levels of copper may indicate discharges from cooling, boiler, or industrial re -circulation systems.
Copper sulfate is typically used as an algaecide in all of these systems. Copper can also be an indicator of
discharges from an automobile manufacturing or maintenance facility.
• Phenols
Elevated levels of phenols may indicate industrial wastewater discharges. Caution should be exercised,
however, since phenols may also be present in other waste streams. Phenols should be considered in relation
to other parameters in determining the potential source.
• Surfactants/Detergents
Typically, the presence of surfactants and detergents will indicate a connection to either an automobile wash
' facility or a laundry facility. High surfactants/detergents and elevated temperatures are a good indicator of
laundry facilities. Lower levels of surfactants/detergents may indicate a connection to a residential laundry or
industrial facility.
• Chlorine
The absence of chlorine may indicate a natural water source. However, due to chlorine's ability to quickly
dissipate, caution should be used when making judgments based on its absence. Generally, only potable water
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-15

sources will contain chlorine. Therefore the presence of chlorine insures that the source is not a natural water
Lsource. Very high levels of chlorine typically indicate connection to a swimming pool.
Using the results of the visual and field testing investigation, likely sources of the illicit discharge can be identified.
Typically, illicit discharges and connections are from either wash water or sanitary sewer sources. The investigator
' will work upstream looking for the connections.
Additional testing may be required at upstream points and testing of additional parameters may also be necessary to
further identify the actual source. Other investigative methods that may be used include dye testing, smoke testing,
and in -pipe cameras.
' Illicit connections may be verified by performing an on -site inspection. When on -site inspections are performed, the
inspection should be fully documented and photographs of the connection and facility should be taken when feasible.
After a potential source is identified, testing should be conducted immediately upstream to insure that there are not
multiple sources of the discharge.
7.3.5.3 Procedures for Removing Illicits
' Upon identification of the source of the illicit discharge or illegal dumping, the responsible party will be notified to
cease the improper practices. Ail appropriate regulatory agencies will be notified of the discharge. The violator may
be fined in accordance with the adopted ordinance and will be given a designated period of time to eliminate the illicit
connection by either:
a) rerouting the flow to the sanitary sewer (if appropriate),
' b) constructing on -site treatment facilities,
c) penmlitting the connection (if applicable), or
d) removing the source of the illicit discharge.
During the designated period inspections may be conducted to verify compliance with the order to cease and desist
further discharges and any clean up procedures required to mitigate damages caused by the discharge.
7.3.5.4 Procedures for Plan Evaluation
A debriefing will be held after the first drainage area is complete to discuss procedures and policies associated with
the detection and elimination process. Results of the investigation will be evaluated and the process will be revised
as necessary. The types of illicit connections found will also be considered to determine the next highest priority
watershed. For example, if it is found that the majority of illicit connections come from a particular type of facility, the
watershed with the highest concentration of that type of facility will be investigated next. A debriefing will be
conducted after each watershed investigation is concluded. Additional meetings will be held, and changes to the
process will be made as appropriate.
7.3.6 Non-Stormwater Discharges
Some categories of non-stormwater discharges include water line flushing, landscape irrigation, diverted stream
flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water,
discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs,
' water from crawl space pumps, footing drains, lawn watering, residential car washing, flows from riparian habitats
and wetlands, dechlorinated swimming pool discharges, and street wash water. These categories of discharges are
not presently seen as significant contributors of pollutants to the MS4 system and therefore will not be addressed.
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-16

7.3.7 Other Incidental Non-Stormwater Discharges
Based on available information, there are no other incidental non-stormwater discharges that are contributing
significant amounts of pollutants to the MS4.
7.3.8 Outreach
Improve Illicit Education Efforts
The City will also be required to educate their citizens on the potential harms associated with the illegal dumping of
illicits. The City will distribute literature on the detrimental effects of many household toxics. Citizens will be made
aware of what can and can't be dumped into the storm sewer system. Representatives of the business community
will also be informed using educational ideas discussed in the Public Education section. Efforts such as this will help
meet the illicit discharge education requirements, and will correlate with minimum measures 1 and 2.
Stormwater Management Guide for Susceptible Businesses
Certain industries are susceptible to producing illicit discharges. A stormwater management guide, tailored to these
industries, will be produced and distributed to appropriate businesses operating within the City (See Public Education
minimum measure).
7.3.9 - Decision Process
The City of Newton does not know the location of regulated outfalls within their jurisdictional area. Therefore, it is the
goal of City leaders to identify these outfalls and in turn identify, track and disconnect any illicit discharges to the
MS4. In addition, the public will be educated about illicit discharges and their impact on water quality in Newton.
The illicit discharge detection and elimination process described previously is based on EPA guidance and processes
' and procedures being used successfully in other communities. The process allows for a timely and efficient gathering
of information within each watershed and provides documentation of potential discharges, facilities cited and actions
taken. The debriefing meetings held at the end of each drainage area investigation allows for further refinement of
the system.
There are three basic reasons why illicit connections have been made to the system. These three reasons are
discussed below.
1. The person responsible for the discharge is unaware that it is happening. For example, a sanitary sewer leak.
2. The person responsible for the discharge is aware of the discharge, but is unaware that it is unacceptable.
' 3. The person responsible for the discharge is aware that the discharge is occurring and is aware that it is
unacceptable.
The first two reasons for illicit discharges will be addressed through education efforts and interagency agreements.
Regular inspections of each drainage area will also help to reduce the number of connections. Generally, reduction in
the number of discharges associated with the third type listed above will only be reduced through aggressive
inspection and enforcement activities.
7.310 Evaluation
The overall goal for this minimum measure is the identification and removal of illicit connections that are negatively
affecting water quality in the City of Newton. In order to meet this goal, the storm sewer map with all regulated
outfalls located must be completed. The completion of this map will form one measure of the program's success. The
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-17

n
�1
success of this minimum measure can also be measured through the number of illicit connections that are identified
and addressed. See the BMP Summary Table located in Section 7.3.1 for more information.
i
7.4 Construction Site Stormwater Runoff Control
All property located within the City of Newton and its ETJ is regulated by the City of Newton's Soil Erosion and
Sedimentation Control Ordinance. The Ordinance was adopted October 3, 2000. This Ordinance meets the minimum
requirements as set forth by the North Carolina Department of Environment and Natural Resources, which approved
the Ordinance. This Ordinance regulates all private sector land -disturbing activities with the exception of public sector
and utilities such as electric, natural gas, etc, which are regulated by the North Carolina Department of Natural
Resources. A copy of the ordinance is provided in Appendix C.
The City of Newton Planning Department is the local enforcement agency for the Soil Erosion Sedimentation Control
Program. The program requires permits for all land -disturbing activities over 20,000 square feet of disturbed area
with detailed plans being required for areas over one acre. These detailed plans are required to be prepared by or
under the direction of a professional engineer, professional land surveyor, registered architect, or registered
landscape architect. Each Soil Erosion and Sedimentation Control Plan must be site -specific, taking in account the
unique characteristics. Guidance from the Plan comes from the North Carolina Erosion and Sedimentation Control
Planning and Design Manual, a reference developed by the North Carolina Sedimentation Control Commission. This
is used during plan preparation, review, and implementation and enforcement to minimize effects of erosion and
{r sedimentation control on surrounding land, water bodies, and the ecosystem.
7.5 Post -Construction Stormwater Management in New Development
and Redevelopment
Post -construction stormwater management is necessary because runoff from areas undergoing development and
redevelopment has significantly impacted receiving water bodies. This impact typically occurs in two forms. The first
impact is due to an increase in the type and quantity of pollutants in stormwater runoff. As water flows over these
sites, it transports harmful contaminants such as oil and grease, pesticides, heavy metals, and various nutrients,
' (e.g., nitrogen and phosphorous). These pollutants become suspended in the runoff and are conveyed to receiving
water bodies, such as lakes and creeks.
The second post -construction runoff impact typically occurs as a result of increased stormwater runoff rates and
volume due to an increase in impervious surfaces. This increase in runoff has not only been shown to interrupt the
natural water balance of percolation into the ground, but also impact the receiving water body through stream bank
scouring and downstream flooding.
The NPDES Phase II program will require that the City of Newton address the following requirements:
Develop, implement and enforce a program to manage post -construction discharges to the MS4 from new
development or redevelopment project that disturb greater than or equal to one acre
• Develop and implement a combination of both structural and non-structural BMPs
• Create an ordinance or regulatory program that requires the use of post construction runoff controls
• Ensure adequate long-term operation and maintenance of the controls
The post construction program developed by the City of Newton must be in place by March 10, 2005.
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-18

1
i
7.5.1 Stormwater Management Options
The City of Newton's post -construction program will apply to all new development projects that cumulatively disturb
one acre or more, and to projects less than an acre that are part of a larger common plan of development or sale.
The program will also apply to all redevelopment projects that cumulatively disturb one acre or more and to projects
less than an acre that are part of a larger common part of development or sale. The projects must apply for permit
coverage as a low or high -density project.
7.5.1.1 Low Density Projects
The definition of low -density projects is given within SWU-268-103102. Within the City of Newton, most development
exceeds the low -density thresholds. In order to determine what types of development are taking place and where the
development is taking place, it is the City's intention to first separate the City into drainage areas and then to examine
each area to determine the types of development taking place. These results will aid the City in the development of
the Post -Construction Ordinance.
7.5.1.2 High Density Projects
Criteria for high -density projects (projects that exceed the low -density threshold) are also given in the State's
Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268-103102). Within
1 the City of Newton, most development is high -density. As with the low -density projects, the City will analyze each
drainage area separately to determine where development is occurring and any effects it may be having on water
quality.
7.5.2 Operation and Maintenance
In order for the post -construction program to be successful, an operation and maintenance component must be
developed that ensures the long-term operation of required structural BMPs. A requirement will be developed as part
of the.post-construction ordinance that requires owners of permitted structural BMPs to submit an annual
maintenance inspection report on each structure. The requirement will also specify that the inspections must be
conducted by qualified professionals and that the inspection report must be signed and certified by the owner. Failure
to comply with this requirement will result in penalties adopted as part of the post -construction ordinance.
i7.5.3 Control of Fecal Coliforms
Water polluted by human or animal waste can harbor numerous pathogens that may threaten human health. Since
routine tests for individual pathogens are not practical, fecal coliform bacteria are widely used as an indicator of the
potential presence of disease -causing microorganisms. Fecal coliforms are bacteria typically associated with the
intestinal tract of warm-blooded animals and their number is generally assumed to be correlated with the number of
pathogens in a water sample. They enter surface waters from a number of sources including failing on -site
wastewater systems, broken sewer lines, improperly treated discharges of domestic wastewater, improperly
designed or managed animal waste facilities, and wild animals.
' Several general management strategies for addressing fecal coliform contamination include:
• Maintenance and repair of sanitary sewer lines by WWTP authorities.
Elimination of piped unpermitted discharges of home waste (also known as "straight piping").
• Encouragement of local health departments to routinely monitor waters known to be used for body contact
recreation (e.g., swimming and tubing).
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-19

There are no water bodies impaired for fecals within the City of Newton. However, septic tanks are used in the City
where citizens live outside of the service area of the wastewater treatment plant. Within Catawba County, the
Catawba County Environmental Health Division is responsible for permitting new septic tanks within the County, and
also for issuing repair permits to repair or replace existing septic systems. The County also performs regular well
testing and has detected no problems with fecal contamination in the groundwater.
' The City of Newton is consistently searching for funding opportunities through grants to connect more residents to
the sanitary sewer system and reduce the need for septic tank use. In addition, the City's storm sewer overflow policy
outlines policies and procedures in the event of a sanitary sewer spill to minimize impacts.
7.5.4 Additional Requirements for SA Waters
There are no SA waters within the Catawba basin. Therefore, these requirements do not apply to the City of Newton.
I
J
1
7.5.5 Additional Requirements for Trout Waters
There are no designated trout jr) waters within the Catawba basin. Therefore, these requirements do not apply to
the City of Newton.
7.5.6 Additional Requirements for Nutrient Sensitive Waters
There are no Nutrient Sensitive Waters (NSW) within the Catawba basin. Therefore, these requirements do not apply
to the City of Newton.
7.5.7 Comprehensive Watershed Plans
The City of Newton plans to split the City into smaller management units (based on drainage area). A map of these
areas is included in Appendix D. The areas will then be prioritized for investigation based on any identified water
quality impairments or heavily developing areas. The areas will then be evaluated separately to determine the most
effective BMPs (structural or non-structural) to be implemented in each area based on the types of development
occurring and any water quality concerns.
According to the State's 2000 303(d) list, Clark Creek is impaired in several areas within Catawba County. The cause
of impairment is listed as hydro -modification, and the priority is low. The waters are affected by pollution and
therefore TMDLs are not appropriate. The potential source for the pollution is intentional channelization. The City of
Newton will recognize these concerns within each drainage area as needed.
7.5.8 BMP Summary Table
BMP
x �'jMe_ais_u_ra'b'le'als }° ,
r
�Y�
r�
Y6
Y
Ries nsible
12
;3
�4,
�b sr
mart lPositjon
1
Post -Construction
Develop a post -construction ordinance that
X
X
X
X
X
Planning
Ordinance
addresses both high and low -density
Director/Asst. City
projects and BMP requirements
Manager
2
Fecal Coliform
Coordinate with Catawba County Health IX
X
X
Planning
Control
Department to develop a program to
Director/Asst. City
address pollution from septic tanks
Manager
3
Nan -Structural BMPs
Provide training for developers and City
X
X
X
Planning
staff
Director/Asst. City
Manager
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-20

1
u
1
"� '
BMP
Measurable�Gaals �` °`
Yi
Y r�
Yr
Yr
1
Yr
`5�
Responsible
a '"IPa itl n
41
Structural BMPs
Review and revise the State's BMP
X
X
Planning
Manuel as necessary to satisfy Newton's
Director/Asst. City
unique development needs.
Manager
5
Operations and
Develop operations and maintenance
X
X
X
X
X
Planning
Maintenance
requirements for BMPs (to be included in
Director/Asst. City
the ost-construction ordinance)
Manager
7.5.9 Non -Structural BMPs
Non-structural BMPs are management measures that prevent degradation of water resources at the source, rather
than treating runoff that has already been polluted. Non-structural practices can include a variety of site -specific and
regional practices, including street sweeping, illicit connection location and elimination, public education and
outreach, land use modifications to minimize the amount of impervious surface area, waste collection, and proper
materials storage. While non-structural practices play an invaluable role in protecting surface waters, they are not as
easily quantified as structural BMPs.
7.5.9.1 Policies and Ordinances
The City of Newton has been and will continue to explore the possibility of implementing a buffer ordinance.
7.5.9.2 Policies and Ordinances to Encourage Infill Development in Higher -Density Urban Areas
The City of Newton currently uses its zoning and subdivision ordinances as well as its utility extension policy to
influence where development occurs. It is anticipated that the City will review its ordinances and policies to determine
their effectiveness in encouraging infill development and will adjust or amend them to more adequately address
stormwater control issues related to development.
7.5.9.3 Education Programs
An important piece in the post -construction program is training for developers. Since they will be the persons most
affected by these new post -construction regulations, it is imperative that they have a good understanding of what will
be required with the new regulations. The City of Newton will provide informal training for developers on the new
regulations and design requirements. The training will take place before the new regulations are implemented.
7.5.9.4 Other Measures
The City of Newton Fire Department is the first respondent to a hazardous materials spill. All Fire Department staff
members are trained to the Operations level for spill response, The Department's policy states that any spill over 5
gallons must be reported to the Catawba County Emergency Management Team, which has a mobile response unit
that is kept at various fire stations throughout the County. The Catawba County Emergency Management Team is
backed up by the Regional Response Team, located in Thomasville. Since most spills are due to roadway accidents,
hazardous materials commonly end up in the storm sewer system. The Department is responsible for keeping the
material from spreading to additional areas or to nearby storm drains. The Fire Department owns a truck will booms,
bails, and absorbents, which can be used for the plugging and dyking of leaks. All of these measures help ensure
that hazardous materials do not infiltrate the storm drainage systems in the City.
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-21

1
7.5.10 Structural BMPs
IStructural BMPs are physical structures designed to remove pollutants from stormwater runoff, reduce downstream
erosion, provide flood control, and promote groundwater recharge. Structural BMPs differ from non-structural BMPs
in that they include engineering design and construction.
The City of Newton will recommend appropriate structural BMPs for each individual drainage area within the City
based on the types of development that are currently taking place. It is anticipated that recommended BMPs will
include wet detention ponds, wet extended detention ponds, stormwater wetlands, shallow wetlands, pond/wetland
systems, bioretention areas, sand filters, infiltration trenches, and enhanced dry swales. The City intends to use the
State's BMP Manuel for recommending appropriate BMPs to developers. The City will make revisions to this
document as necessary to suit the city's unique development needs.
7.5.11 Regulatory Mechanism
It will be necessary for the City of Newton to develop an ordinance to address post -construction runoff. The
ordinance will include requirements for low and high density projects, operations and maintenance requirements, and
' structural and non-structural BMP requirements. This ordinance will be developed in accordance with the schedule
presented in the BMP Summary Table.
7.5.12 Operation and Maintenance of BMPs
Long-term maintenance of BMPs is essential for program success. Therefore, the City of Newton will develop, as part
of the post -construction ordinance, a long-term operation and maintenance plan for BMPs. The City will explore the
possibility of an up -front fee for developers in order to pay in advance for maintenance of BMPs. The City is
concerned that it will be difficult to enforce an agreement made with developers to maintain BMPs annually, and that
it would take much staff time and effort to ensure the maintenance was taking place. Instead, the City may take on
the maintenance of the facilities themselves and require developers to pay in advance for this service. The City will
explore their options and include in the post -construction ordinance the operation and maintenance plan that is
' determined to be the City's best option.
7.5.13 Decision Process
' NPDES Phase II requirements have necessitated the development of a post -construction stormwater management
program for the City of Newton. The City currently has no post -construction requirements in place, and City leaders
have made it a priority to have a fully functional program in place by March 2005. Even though this is a tight deadline
to achieve, the City is fully willing to appropriate the required staff and resources to meet this date.
The first step in development of the program will be to prioritize the drainage areas within the City. These areas will
be investigated and master planning of each area will provide specific information about different areas of the City.
This will allow City planners to designate any specific priority areas for the program. In addition, the master planning
activities will allow for area -specific BMPs to be implemented. Once the areas have been identified, a decision path
will be created to select appropriate BMPs.
An important part of this program will be training, both for City staff and for developers. Since these regulations are
new and many have had no experience with them, training will begin early in order to ensure that all individuals
' affected by the new regulations have had sufficient training.
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-22

I
7.5.14 Evaluation
The main measure of success will be the development and implementation of the post -construction program by the
accelerated deadline of March 2005. The development of a comprehensive ordinance will be another measure of
success, since it will involve many different individuals from various departments. Other measures of success will be
the completion of program tasks within the designated year for completion. For a detailed outline of measurable tasks
refer to section 7.5.8.
7.6 Pollution Prevention/Good Housekeeping for Municipal
Operations
The final minimum measure required by the NPDES Phase II program involves the examination and possible
alteration of municipal operations for good housekeeping and pollution prevention measures. This measure requires
that municipalities evaluate their actions to ensure a reduction in the amount and type of pollution that accumulates
on streets, parking lots, open spaces, and storage and vehicle maintenance areas that discharge into local water
bodies. In addition, this measure requires an evaluation of results from land development actions that may contribute
to pollutants in stormwater runoff. The primary intent of the EPA with this measure is to improve and protect water
quality by altering the performance of municipal operations. However, the EPA also feels that this measure could also
result in increased cost savings for municipalities through proper and timely maintenance of storm sewer systems.
To comply with this control measure, the City will be required to address the following requirements:
• Develop an operation and maintenance program with the objective of preventing or reducing pollutant runoff
from municipal operations into the City's storm sewer system.
• Include training of City operations personnel on how to incorporate pollution prevention ! good housekeeping
' techniques into City operations. This could include park and open space maintenance, fleet and building
maintenance, new construction and land disturbances, and stormwater system maintenance.
1 7.6.1 BMP Summary Table
1
I
I
1
MeasireGos
r
r
,
pPos
4:
;Yrir.
_'
4 •
PalF6oen•
1
Training
Provide good housekeeping 1 pollution
X
X
Public
prevention training for staff
Works/Utilities
Director
2
Maintenance and
Development of a program to inspect and
X
X
X
Public
Inspections
repair City -owned storm drainage
Works/Utilities
infrastructure
Director
3
Vehicular Operations
Deficiencies associated with vehicular
X
X
Public
maintenance shall be identified and
Works/Utilities
corrected
Director
4
Other Operations
Any other illicit discharges located on City
X
Public
property will be addressed
Works/Utilities .
Director
5
Ordinances
Existing ordinances pertaining to Phase II
X
X
X
X
Public
Good Housekeeping and Pollution
Works/Utilities
Prevention regulations will be reviewed
Director
and amended as necessa
City of Newton, North Carolina
'' March 2003 Stormwater Management Program Report 7-23

I
i""Measu"rableeGoais
I
a �� :y,.,
F
Y,r
r
2P;,a
"Y:r"
�Yr
�Y�"
v
"'Responslljle'
F.y mwFt„ fi.
"MP
IPosit�on6
NPDES Industrial
A Notice of Intent will be developed for a
Public
Permit
stormwater pollution prevention plan that
WorkslUtilities
will be developed for the Public Works
Director
facility and the WWTP in order to obtain an
NPDES industrial permit for each site
7.6.2 Affected Operations
Maintenance Facilities
The City of Newton maintains a maintenance facility at the Public Works complex. This facility does not currently
have an industrial permit or stormwater pollution prevention plan. The City will be obtaining an industrial permit for
this facility and implementing a stormwater pollution plan. In addition to the public works facility, maintenance
facilities exist at the Police and Fire Departments. However neither of these locations requires a separate industrial
permit.
Existing Municipal NPDES Permits
The City of Newton maintains NPDES permit coverage for its municipally owned industries. NPDES permit number
NC036196 currently covers treated effluent from the Clark Creek wastewater treatment plant. The wastewater
treatment plant will also have to submit a Notice of Intent and develop a stormwater pollution plan for that facility.
7.6.3 Training
The City must establish a training program for their staff regarding the importance of stormwater pollution prevention
and good housekeeping. Currently City staff members receive no specific good housekeeping training. Rather, most
practices are learned on the job. EPA recommends training for staff members who deal with parks and open space,
the fleet maintenance center, new construction, and MS4 maintenance. A group program will be presented to City
staff members regarding good housekeeping practices and procedures. In addition, available resources and
' materials from the EPA and NCDENR will be used where appropriate for training.
7.6.4 Maintenance and Inspections
Maintenance Facilities
The City currently recycles used motor oil and antifreeze from City fleet vehicles. Used batteries are exchanged with
a local battery vendor, tires are recycled and shredded at the landfill, and other recyclables (plastic, cardboard, and
paper) are collected by the City. An oil -water separator is located in the wash pit at the Public Works maintenance
facility. Barrels are clearly marked and materials such as paint are stored in their own separate location. Salt and
sand piles are covered, and fueling stations are covered as well. These measures all indicate that the City of Newton
has been proactive in adopting policies and practices for municipal operations that benefit water quality in the
community.
' Street Sweeping and Washing
The goal of the City of Newton's street sweeping program is to address both aesthetic and water quality issues. The
goal is accomplished by distributing various levels of service throughout the business and neighborhood community
areas. The street -sweeper also has an attachment to clean catch basins that can be utilized if needed. Streets are
washed as necessary to remove dirt and debris.
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7.24

Stormwater System Maintenance
The City of Newton does not currently have a formal program to clean storm sewer inlet structures or pipes. The
portion of the conveyance system that is maintained is within the City's right-of-way. Currently, the infrastructure is
maintained by the City's Street Department as problems are reported by residents or noted in the field by City
personnel. Typical maintenance includes driveway culvert installation and clean out, ditch maintenance, catch basin
repairs and clean out, and headwall maintenance. In addition, downtown -area catch basins are cleaned once per
month and others are cleaned on an as -needed basis.
As part of the Phase II program, Newton will develop and implement a program to periodically inspect City -owned
storm drainage infrastructure and correct any deficiencies found. By removing blockages and debris and correcting
deficiencies to the system, this program will reduce floatables and other pollutants to the MS4. A schedule for
inspecting the City -owned infrastructure will be developed as part of this program.
7.6.5 Vehicular Operations
As mentioned previously, the City recycles used oil, batteries and antifreeze from City -owned vehicles.
City owned vehicles, with the exception of police and fire vehicles, are washed at the Public Works facility. At the
present time the drain in the wash area is an illicit connection that drains to a local stream. This illicit connection will
be addressed.
Fire Department trucks and bays are washed once per week and drain into the storm drains. Preventative
maintenance is performed on trucks once per week, and it is estimated that one-half to one quart of oil is lost into the
storm drains each time this maintenance is performed. This practice will be addressed by the City's good
housekeeping program.
7.6.6 Waste Disposal
Street sweepings that are collected (grass and leaves) are taken to the landfill along with other street litter. Wastes or
fluid leaks from accidents or spills are picked up by disposal companies that specialize in that type of waste
collection. On the days that the sweepers finish after the landfill closes, the sweepings that have been collected are
either stored in a concrete bin at the maintenance facility or are left in the sweeper. No sweepings or any other type
of wastes are stored on the ground at anytime.
7.6.7 Flood Management Projects
Flooding is not a major concern in Newton, in part due to the City's implementation of a Flood Damage Prevention
Ordinance and strict regulation of development in floodplain areas. As a result, the City has not and does not
currently plan to construct any flood management projects. if in the future these types of projects are implemented,
they must comply with the regulations set forth in the Flood Damage Prevention Ordinance (see Appendix E).
r7.6.8 Existing Ordinances
' The City of Newton's Code of Ordinances contains several sections that relate in some way to stormwater. These
sections include: Chapter 13 — Garbage, Refuse and Weeds, Chapter 22 — Streets and Sidewalks, Chapter 18A —
Parks, and Chapter 25 — Waters and Sewers. In addition Newton has in place a Storm Drain Policy (see Appendix F).
' The Storm Drain Policy addresses many of the current stormwater issues but will be evaluated to address Phase 11
requirements. As mentioned above, the Flood Damage Prevention Ordinance regulates development within
floodplain areas, and the Sediment and Erosion Control Ordinance regulates runoff resulting from site development.
City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-25

r-�
7.6.9 Other Evaluations
As a part of this evaluation, parks and recreation facilities will also be inspected to identify any possible illicit
discharges.. Within the City parks, creeks are cleaned as needed and all employees are licensed for
pesticidelherbicide application.
7.6.10 Decision Process
The City of Newton realizes that implementing a successful stormwater quality program affects all levels of municipal
operations. Therefore, City leaders are committed to devising and implementing a Good Housekeeping 1 Pollution
Prevention Program to address municipal operations. City programs and operations will be evaluated, illicit
discharges located on City -owned properties will be identified and addressed if necessary, existing ordinances will be
evaluated and altered as needed, and necessary training will be provided for staff. See the BMP Summary Table in
Section 7.6.1 for more information.
7.6.11 Evaluation
As stated above, the BMPs listed in the Pollution Prevention/Good Housekeeping BMP Summary Table located in
Section 7.6.1 will be evaluated annually for compliance. In addition, the number of staff members trained annually will
be submitted as part of the annual report. Also included in the annual reports in the referenced year will be the
maintenance programs developed for storm drainage infrastructure and the number and types of deficiencies
corrected.
I
t
1
I
1
0
' City of Newton, North Carolina
March 2003 Stormwater Management Program Report 7-26

Boards and Commissions
Appearance Commission
Board of Adjustment
Downtown Revitalization Commission
Festival and Events Committee
Off -Street Parking Committee
Parks and Recreation Commission
Planning Commission
Police Advisory Board
Subdivision Review Board
City of Newton, North Carolina
Organization Chart
January 2003
City Council
Wayne Dellinger, Mayor City Attorney
Bob Mullinax, Mayor Pro Tem Larry Pitts
Tim Elliott, Council Member
Revonda Seitz, Council Member
Roy Johnson, Council Member
Tom Rowe, Council Member
Al Gaither, Council Member
City Manager I City Clerk
Edward Burchins Rita Williams
Recreation Director Fire Chief Police Chief Finance Planning
Sandra Waters Kevin Yoder David Dial Director Director/Asst. City
Jim Manager
Baker Glenn Pattishall,AICP
City Planner
Alex Fulbdght
Public
Information
Director
Bootsie Roberts
HR Director
Teresa Laffon
Amanda L. Munday
Public Works Exe.
Asst.
Deputy City Clerk
Bootsie Roberts
Public Works/Utilities
Director
Martin D. Wilson
Asst. PWIU Director
Doug Wesson
Street
Maintenance
Supervisor
Mark Herman

11
Appendix B
I
Waters of the US & Drainage Areas Within the City of Newton

1
1
1
Appendix C
ICity of Newton's Soil Erosion and Sedimentation Control Ordinance
J
1
J
1

. 1. .
ORDINANCE NO. 2000.30
AN ORDINANCE TO PROVIDE FOR THE CONTROL OF SOIL EROSION AND
SEDIMENTATION.
THEREFORE, BE IT ORDAINED by the Board of Aldermen of the City of Newton that:
I
Section 1. Title
This ordinance may be cited as the City of Newton Soil Erosion and Sedimentation
Control Ordinance.
Section 2. purposes
IThis ordinance is adopted for the purposes of:
a. regulating certain land-distuzbing activity to control accelerated erosion and
sedimentation in order to prevent the pollution of water and other damage to
lakes, watercourses, and other public and private property by sedimentation; and
b, establishing procedures through which these purposes can be fulfilled.
Section 3. Definitions
As used in this ordinance, unless the context clearly indicates otherwise, the
following definitions apply:
a. Accelerated Erosion - means any increase over the rate of natural erosion as a
result of land --disturbing activity.
b. Act - means the North Carolina Sedimentation Pollution Control Act of 1973 and
all rules and orders adopted pursuant to it.
C. Adeauate_Erosion Control _Measurg,Structue .or Device _ means one which controls
the soil material within the land area under responsible control of the person
' conducting the land -disturbing activity.
d. Affiliate. - a person that directly, or indirectly, through one or more
intermediaries, controls, is controlled by, or is under common control of another
person.
e. uth rizgd Re i.stered rofessiona . - a person registered, licensed, or certified
pursuant to the North Carolina General Statutes and authorized by law to prepare
the analysis, plans and specifications, and provide the certifications required
by the various provisions of this chapter.
f. Bank - a mild to steep rise of land which borders and confines the flow of storm
waters or floodwaters and conveys them to some downstream discharge point; not
a financial institution.
g. Being Conducted - means a land -disturbing activity has been initiated and
permanent stabilization of the site has not been completed.
h. Borrow - means fill material which is required for on -site construction and 'is
obtained from other locations.
1

i. Buf £e - an area of natural or planted vegetation, or an area of such vegetation
in conjunction with berms, fences, or walls serving as a separation between two
(2) areas or land uses (see also "Buffer Yard")
j. Buffer Yard - a linear strip of land combined with a vertical element such as
' plants, berms, fences, or walls, which physically separates and screens
incompatible land uses.
'
k.
Buffer Zone - means the strip of land adjacent to a lake or natural watercourse.
1.
Commission - means the North Carolina Sedimentation Control Commission.
m.
CoMRletion_of Construction or Development means that no further land -disturbing
activity is required on a phase of a project except that which is necessary for
establishing a permanent ground cover.
n.
Department - means the North Carolina Department of Environment, and Natural
Resources.(NCDENR)
'
o.
Devglo er - a person or persons undertaking any or all the activities covered by
this chapter, or for whose benefit such activities are commenced or carried on.
p.
Dev o me - any human change or alteration to the unimproved or improved state
of land, including, but not limited to changes or alteration to vegetation, soil,
geology, hydrology, buildings or other structures for any residential,
commercial, industrial, utility, or other uses, including, but not limited to,
'
all areas for vehicular access, circulation, and parking and including, but not
limited to, mining, dredging, filling, grading, paving, excavating and drilling
operations and arty subdivision of land.
q.
Director - means the Director of the Division of Land Resources of the North
Carolina Department of Environment, and Natural Resources. (NCDENR)
'
r.
DiLs_charge Point - means that point at which runoff leaves a tract of land.
S.
District - means the Catawba County Soil and Water Conservation District and
Water Conservation District created pursuant to Chapter 139, North Carolina
tGeneral
Statutes.
t.
Energy Diss-.pator - means a structure or a shaped channel section with mechanical
armoring placed at the outlet of pipes or conduits to receive and break down the
'
energy from high velocity flow.
Erosion
- means the wearing away of land surface by the action of wind, water, gravity,
or any combination thereof.
Ex=aterritarial
Planning Jur'sdi tons - means the area outside of municipal corporate
limits as prescribed in NCGS 160A-360.
W.
Ground cove - means any natural vegetative growth or other material which
renders the soil surface stable against accelerated erosion.
' X. High Quality, Waters - means those classified as such in 15A NCAC 2B.0101(e) (5) -
General Procedures, which is incorporated herein -by reference to include further
amendments pursuant to G.S. 15OB-14(c)
y. Hiah Quality Water HOW zones - means areas in the Coastal Counties that are
' within 575 feet of High Quality Waters and for the remainder of the state areas
that are within one mile and drain to HQW'S.

z.
Lake or Natural Watercourse - means any stream, river, brook, swamp, sound, bay,
creek, run, branch, canal, waterway, estuary, and any reservoir,- lake or pond,
'
natural or impounded, in which sediment may be moved or carried in suspension,
and which could be damaged by accumulation of sediment.
'
aa.
Land -disturbing Activity - means any use of the land by any person in
residential, industrial, educational, institutional, or commercial development,
highway and road construction and maintenance that results in a change in the
'
natural cover or topography and that may cause or contribute to sedimentation.
bb.
Local Government - means any county, incorporated village, town, or city, or any
combination of counties, incorporated villages, towns, and cities, acting through
ea
joint program pursuant to the provisions of the Act.
CC.
Natural Drosion - means the wearing away of the earth's surface by water, wind,
1
or other natural agents under natural environmental conditions undisturbed by
man.
dd.
Parentan affiliate that directly, or indirectly, through one or more
'
intermediaries, controls another person.
ee.
person - means any individual, partnership, firm, association, joint venture,
public or private corporation', trust, estate, commission, board, public or
private institution, utility, cooperative, interstate body, or other legal
'
entity.
'
ff. Person Conducting Land -Disturbing Ac 'vity means any person as defined herein who
may be held responsible for a violation unless expressly provided otherwise by
this
ordinance, the Act, or any order
adopted pursuant to this Ordinance or the
Act.
'
gg. Person,
Responsible for the violation -
as used in this ordinance, and G.S. 113A-
64,
means.
'
(a)
the developer or other person
who has or holds himself out as having
financial or operational control over the land -disturbing activity; or
' (b) the landowner or person as defined herein in possession or control of the
land when he has directly or indirectly allowed the land --disturbing
activity or has benefitted. from it or he has failed to comply with any
provision of this Ordinance, the Act, or any order adopted pursuant to
' this Ordinance or the Act as imposes a duty upon him.
hh. Phase of Grading - means one of two types of grading, rough or fine.
ii. Plan - means an erosion and sedimentation control plan.
jj. Planning/Asst. City ManageeN - the Planning Director/Asst. City Manager of the
' City of Newton, North Carolina, or his/her staff member delegated with the
authority and responsibility to administer this chapter. Any act authorized by
this chapter to be carried out by the Planning Director/Asst. City Manager is,
by implication, authorized to be carried out by his/her designee.
kk. Sediment - means solid particulate matter, both mineral and organic, that has
been or is being transported by water, air, gravity, or ice from its site of
origin.
11. Sedimentation - means the process by which sediment resulting from accelerated
1
3

erosion has been or is being transported off the site of the land -disturbing
activity or into a lake or natural watercourse.
MM. Siltation - means sediment resulting from accelerated erosion which is settleable
or removable by properly designed, constructed, and maintained control measures;
' and which has been transported from its point of origin within the site of a
land -disturbing activity; and which has been deposited, or is in suspension in
water.
nn. Storm Drainage Facilities - means the system of inlets, conduits, channels,
ditches and appurtenances which serve to collect and convey storm water, through,
and from a given drainage area..
' ao. Storm Water_ Runoff means the direct runoff of water resulting from precipitation
in any form.
' pp. Subsidiary - an affiliate that is directly, or indirectly through one or more
intermediaries, controlled by another person.
qq.
TeZ Year storm - means the surface runoff resulting from a rainfall of an
intensity expected to be equaled or exceeded, on the average, once in ten years,
and of a duration which will produce the maximum peak rate of runoff, for the
watershed of interest under average antecedent wetness conditions.
trr.
Trj�r�t - means all contiguous land and bodies of water being disturbed or to be
disturbed as a unit, regardless of ownership.
'
ss.
w nt - ive Xeag 5torm- means the surface runoff resulting from a rainfall of
an intensity expected to be equaled or exceeded, on the average, once in 25
years, and of a duration which will produce the maximum peak rate of runoff, from
the watershed of interest under average antecedent wetness conditions.
tt.
Uncovered - means the removal of ground cover from, on, or above the soil
surface.
'
uu.
Underta�Sen - means the initiating of any activity, or phase of activity, which
results or will result in a change in the ground cover or topography of a tract
'
of land.
VV.
VeLocity - means the average velocity of flow through the cross section of the
main channel at the peak flow of the storm of interest. The cross section of the
main channel shall be that area defined by the geometry of the channel. plus the
'
area of flow below the flood height defined by vertical lines at the main channel
banks. Overload flows are not to be included for the purpose of computing
velocity of flow.
'
ww.
ViQlation - the failure of a use, structure, or other development to comply with
the regulations set forth in this chapter. A use, structure, or other
development without the elevation certification, other certifications, or other
'
evidence of compliance required is presumed to be in violation until such time
as that -documentation is provided.
xx.
Waste - means surplus materials resulting from on -site construction and disposed
'
of at other locations.
yy.
Working Days - means days exclusive of Saturday and Sunday during which weather
conditions or soil conditions permit land disturbing activity to be undertaken.

h
J
Section 4 Scone and Exclusions
This ordinance shall not apply to the following land -disturbing activities:
a. activities, including the breeding and grazing of livestock, undertaken on
I
agricultural land for the production of plants and animals useful to man,
including, but not limited to:
1. forages and sod crops, grains and feed crops, tobacco, cotton, and
peanuts.
2. dairy animals and dairy products.
3. poultry and poultry products.
4. livestock, including beef cattle, sheep, swine, horses, ponies, mules, and
goats.
S. bees and apiary products.
' 6. fur producing animals.
b. activities undertaken on forest land for the production and harvesting of timber
and timber products and conducted in accordance with best management practices
set out in Forest Practice Guidelines Related to Water Quality, as adopted by the
North Carolina Department of Environment, & Natural Resources. If land -
disturbing activity undertaken on forest land for the production and harvesting
of timber and timber products is not conducted in accordance with Forest Practice
' Guidelines Related to Water Quality, the provisions of this ordinance shall apply
to such activity and any related land -disturbing activity on the tract.
'
c.
activities for which a permit is required under the mining Act of 1971, Article
7 of Chapter 74 of the General Statutes.
d.
land -disturbing activity over which the State has exclusive regulatory
jurisdiction as provided in G.S. 113A-56(a).
for
the duration of an emergency, activities essential to protect human life.
'
individual grave sites.
Section 5
General Requirements
'
a.
Plan Required - No person shall initiate any land -disturbing activity, within the
Corporate limits of the Extraterritorial Planning Jurisdiction 'of the City of
Newton, which uncovers more than one acre without having an erosion control plan
'
approved by the City of Newton.
b.
Protection of Pronegty - Persons conducting land -disturbing activity shall take
all reasonable measures to protect all public and private property from damage
caused by such activity.
C.
More Restrictive Rules Shall_ Apply - Whenever conflicts exists between federal,
state, or local laws, ordinance, or rules, the more restrictive provision shall
'
apply.
Section 6
Basic Control gbjectives
An erosion
and sedimentation control plan may be disapproved pursuant to Section 17 of
this
ordinance if the plan fails to address the following control objectives:
'
a.
Identify Critical Areas - on -site areas which are subject to severe erosion, and
off --site areas which are especially vulnerable to damage from erosion and/or
5

sedimentation, are to be identified and receive special attention.
b. Limit Time of Exposure - All land -disturbing activity is to be planned and
conducted to limit exposure to the shortest feasible time.
C. Limit Exposed Areas - A11 land -disturbing activity is to be planned and conducted
to minimize the size of the area to be exposed at any one time.
d. Control Surface Water - Surface water runoff originating upgrade of exposed areas
should be controlled to reduce erosion and sediment loss during the period of
exposure.
e. Cont Sedimentatio - A11 land -disturbing activity is to be planned and
conducted so as to prevent off -site sedimentation damage.
' f. Manacle Storm Water Runoff - When the increase in the velocity of storm water
runoff resulting from a land -disturbing activity is sufficient to cause
accelerated erosion of the receiving watercourse, plans are to include measures
to control the velocity to the point of discharge so as to minimize accelerated
erosion of the site and increased sedimentation of the stream.
Section 7 MandatoMC Standards for Land -disturbing Activity
No land -disturbing activity subject to the control of this ordinance shall be
undertaken except in accordance with the following mandatory standards:
a. Buffer xr e
1. No land -disturbing activity during periods of construction or improvement
to land -shall be permitted in proximity to a lake or natural watercourse
unless a buffer zone is provided along the margin of the watercourse of
sufficient width to confine visible siltation within the twenty-five
percent (25%) of the buffer zone nearest the land -disturbing activity.
2. Unless otherwise provided, the width of a buffer zone is measured from the
edge of the water to the nearest edge of the disturbed area, with the 25
percent of the strip nearer the land -disturbing visible siltation.
b. Graded §Slopes and _ Fill-s - The angle for graded slopes and fills shall be no
greater than the angle which can be retained by vegetative cover or other
adequate erosion control devices or structures. In any event, slopes left
exposed will, within Fifteen (15) working days or Thirty (30) calendar days,
which ever is shortest, of completion of any phase of grading, be planted or
otherwise provided with ground cover, devices, or structures sufficient to
restrain erosion.
c_ Ground Cover - Whenever land -disturbing activity is undertaken on a tract
comprising more than one acre, if more than one acre is uncovered, the person
conducting the land -disturbing activity shall install such sedimentation and
erosion control devices and practices as are sufficient to retain the sediment
generated by the land -disturbing activity within the boundaries of the tract
during construction upon and development of said tract, and shall plant or
otherwise provide a'permanent ground cover sufficient to restrain erosion after
completion of construction or development. Except as provided in Section 8 (b)
(5) of this ordinance, provisions for a ground cover sufficient to restrain
erosion must be accomplished within 15 working days or 90 calendar days following
completion of construction or development whichever period is shorter.
6

d. Prior Plan -Approval - No person shall initiate any land -disturbing activity on
a tract if more than one acre is to be uncovered unless,' thirty or more days
prior to initiating the activity, an erosion and sedimentation control plan for
such activity is filed with and approved by the City.
' Section 8 Design and Performance Standards
a. Runof, - Except as provided in Section 8 (b)(2) of this ordinance erosion and
sedimentation control measures, structures, and devices shall be so planned,
designed, and constructed as to provide protection from the calculated maximum
peak rate of runoff from the 10-year storm. Runoff rates shall be calculated
using the procedures in the USDA, Sail Conservation Service's "National
Engineering Field Manual for Conservation Practices", or other acceptable
calculation procedures.
' b. High Quality Water (HQW) Zones - In High Quality Water (HQW) zones the following
design standards shall apply:
1. Uncovered areas in HQW zones shall be limited at any time to a maximum
total area within the boundaries of the tract of 20 acres. Only the
portion of the land -disturbing activity within a HQW zone shall be
governed by this section. Larger areas may be uncovered within the
boundaries of the tract with the written approval of the planning
Director/Asst. City Manager or his designee.
2. Erosion and sedimentation control 'measures, structures, and devices within
HQW zones shall be so planned, designed and constructed to provide
' protection from the run off of the 25-year storm which produces the
maximum peak rate of run off as calculated according to procedures in the
United States Department of Agriculture Soil Conservation Service's
"National Engineering Field Manual for Conservation Practices" or
' according to procedures adopted by any other agency of state of North
Carolina or the United States or any generally recognized organization or
association.
' 3. Sediment basins within HQW zones shall be designed and constructed such
that the basin will have a settling efficiency of at least 70% for the 40
micron (0.04 mm) size soil particle transported into the basin by the
' runoff of that 25-year storm which produces the maximum peak rate of
runoff as calculated according to procedures in the United States
Department of Agriculture Soil Conservation Service's "National
Engineering Field Manual for Conservation Practices" or according to
I
procedures adopted by any other agency of this state or the United States
or any generally recognized organization or association.
' 4. Newly constructed open channels in HQW' zones shall be designed and
constructed with side slopes no steeper than 2 horizontal to 1 vertical if
a vegetative cover is used for stabilization unless soil conditions permit
a steeper slope or where the slopes are stabilized by using mechanical
' devices, structural devices or other acceptable ditch liners. In any
event, the angle for side slopes shall be sufficient to restrain
accelerated erosion.
Ground cover sufficient to restrain erosion must be provided for any
portion of a land -disturbing activity in a-HQW -zone within 15 working days
or 60 calendar days following completion of construction or development,
whichever period is shorter.
' C. Kill Mater'a - Unless a permit from the North Carolina Department of

I
Environment, and Natural Resources Division of Solid Waste Management to operate
a landfill is on file for the affected site, acceptable fill material shall be
free of organic or other degradable materials, masonry, concrete, and brick, in
sizes exceeding twelve (12) inches, and any materials which would cause the site
to be regulated as a landfill by the State of North Carolina.
Section 9 Storm Water Outlet Protection
' a. Persons shall conduct land -disturbing activity so that the post construction
velocity of the 10-year storm runoff in the receiving watercourse to the
discharge point does not exceed the greater of:
1. the velocity established by the table in Paragraph (d) of this Section; or
2, the velocity of the 10-year storm runoff in the receiving watercourse
' prior to development.
If conditions (1) or (2) of this Paragraph cannot be met, then the
receiving watercourse to and including the discharge point shall be
designed and constructed to withstand the expected velocity anywhere the
velocity exceeds the "prior to development" velocity by 1096.
b. Acceptable _Manatee tli Measures - Measures applied alone or in combination to
' satisfy the intent of this section are acceptable if there are no objectionable
secondary consequences. The City recognizes that the management of storm water
runoff to minimize or control downstream channel and bank erosion is a developing
' technology. Innovative techniques and ideas will be considered and may be used
when shown to have the potential to produce successful results. Some
alternatives are to:
(1) avoid increases in surface runoff volume and velocity by including
measures to promote infiltration to compensate for increased runoff from
areas rendered impervious,
' (2) avoid increases in storm water discharge velocities by using vegetated or
roughened swales and waterways in lieu of closed drains and high velocity
paved sections,
' (3) provide energy dissipators at outlets of storm drainage facilities to
reduce flow velocities to the point of discharge. These may range from
simple rip -rapped sections to complex structures,
' (4) protect watercourses subject to accelerated erosion by improving cross
sections and/or providing erosion resistant lining.
' C. Excep-tions - This rule shall not apply where it can be demonstrated that storm
water discharge velocities will not create an erosion problem in the receiving
watercourse.
' d. The following is a table for maximum permissible velocity for storm, water
discharges: .
Maximum Permissible velocitie.5
Material F.P.S. M.P.S.
' Fine sand (noncolloidal) 2.5 .8
Sandy loam (noncolloid.al) 2.5 .8

Silt loam (noncolloidal) 3.0 .9
Ordinary firm loam 3.5 1.1
Fine gravel 5.0 1.5
Stiff clay (very colloidal) 5.0 1.5
Graded, loam to cobbles 5.0 1.5
(noncolloidal)
Graded, silt to cobbles 5.5 1.7
(colloidal)
Alluvial silts (noncolloidal) 3.5 1.1
Alluvial silts (colloidal) 5.0 1.5
Coarse gravel (noncolloidal) 6.0 1.8
Cobbles and shingles 5.5 1.7
Shales and hard pans 6.0 1.8
Source - Adapted from recommendations by Special committee on irrigation
Research, American Society of Civil Engineers, 1926, for channels with straight
alignment. For sinuous channels, multiply allowable velocity by 0.95 for
slightly sinuous, by 0.9 for moderately sinuous channels, and by 0.8 for highly
sinuous channels.
Section 10 Sorrow and Waste Areas
When the person conducting the land -disturbing activity is also the person conducting
' the borrow or waste disposal activity, areas from which borrow is obtained and which
are not regulated by the provisions of the Mining Act of 1971,- and waste areas for
surplus materials other than landfills regulated by the Department's Division of Solid
Waste Management shall be considered as part of the land -disturbing activity where the
borrow material is being used or from which the waste material originated. When the
person conducting the land -disturbing activity is not the person obtaining the borrow
and/or disposing of the waste, these areas shall be considered a separate land -
disturbing activity.
Section it Acces§ an5ft Haul Roads
Temporary access and haul roads, other than public roads, constructed or used in
connection with any land -disturbing activity shall be considered a part of such
activity.
Section 12 Opgrat'ons in Lakes „or Natural Watercourses,.,
Land -disturbing activity in connection with construction in, on, over, or under a lake
or natural watercourse shall be planned and conducted in such a manner as to minimize
the extent and duration of disturbance of the stream channel. The relocation of a
stream, where relocation is an essential part of the proposed activity, shall be
planned and executed so as to minimize changes in the stream flow characteristics,
' except when justification for significant alteration to flow characteristic is
provided.
Section 13 Responsibility_ fo,� maintenance
During the development of a site, the person conducting the land -disturbing activity
shall install and maintain all temporary and permanent erosion and sedimentation
control measures as required by the approved plan or any provision of this Ordinance,
the Act, or any order adopted pursuant to this ordinance or the Act. After site
development, the landowner or person in possession or control of the land shall install
and/or maintain all necessary permanent erasion and sediment control measures, except
' those measures installed within a road or street right-of-way or easement accepted for
maintenance by a governmental agency.

Section 14 Additional Measures.
t� Whenever the City determines that significant sedimentation is occurring as a result
of land -disturbing activity, despite application and maintenance of protective
practices, the person conducting the land -disturbing activity will be required to and
' shall take additional protective action.
Section 15 Ex±st±ncz Uncovered Areas
a. A11 uncovered areas existing on the effective date of this ordinance which
resulted from land-clisturbing activity, exceed one acre, are subject to continued
accelerated erosion, and are causing off -site damage from sedimentation, shall
be provided with a ground cover or other protective measures, structures, or
devices sufficient to restrain accelerated erosion and control off -site
secL-mentotioa.
b.
The City of Newton will serve upon the landowner or other person in possession
or control of the land a written notice of violation by registered or certified
mail, return receipt requested, or other means reasonably calculated to give
actual notice. The notice will set forth the measures needed to comply and will
state the time within which such measures must be completed. In determining the
measures required and the time allowed for compliance, the authority serving
notice shall take into consideration the economic feasibility, technology, and
quantity of work required, and shall set reasonable and attainable time limits
of compliance.
'
C.
The City reserves the right to require preparation and approval of an erosion
control plan in any instance where extensive control measures are required.
d.
This rule shall not require ground cover on cleared land forming the future basin
of a planned reservoir.
Section
16
Permits
'
a.
No person shall undertake any land -disturbing activity subject to this ordinance
without first obtaining a permit therefore from the City except that'no permit
shall be required for any land --disturbing activity:
(1) for the purpose of fighting fires; or
(2) for the stock piling of raw or processed sand, stone, or gravel in
material processing plants and storage yards, provided that sediment
control measures have been utilized to protect against off -site damage; or
(3) that does not exceed 20,000 square feet in surface area. In determining
the area, lands under one or diverse ownership being developed as a unit
will be aggregated.
(NOTE: THIS EXCLUSION FROM PERMITS SHOULD ALLOW LAN[] -DISTURBING ACTIVITIES
FOR CONSTRUCTION OF A SINGLE FAMILY RESIDENCE ON A SINGLE LOT, BUT MAY NOT,
EXCEED ONE ACRE.)
b. Permit fees shall be established in the Schedule -of Fees and Charges as adopted
by the Hoard of Aldermen and amended from time to time as necessary.
' Section 17 Eroslon and Sedimentation Control Puns
10

1 .
a. An erosion control plan shall be prepared for all land -disturbing activities
subject to this ordinance whenever the proposed activity is to bd uncertaken on
a tract comprising more than one acre, if more than one acre is to be uncovered.
The plan shall be filed with the City and a copy shall be simultaneously
submitted to the Soil and Water Conservation District, at least 30 days prior to
the commencement of the proposed activity.
' b. Persons conducting land -disturbing activity on a tract which covers one or more
acres shall file two copies of the erosion control plan with the City at least
30 days prior to beginning such activity and shall keep another copy of the plan
on file at the job site. After approving the plan, if, the City, either upon
' review of such plan or on inspection of the job site, determines that a
significant risk of accelerated erosion or off -site sedimentation exists, the
City will require a revised plan. Pending the preparation of the revised plan,
' work shall cease or shall continue under conditions outlined by the appropriate
authority.
C. Erosion control plans may be disapproved unless accompanied by an authorized
' statement of financial responsibility and ownership. This statement shall be
signed by the person financially responsible for the land -disturbing activity or
his attorney in fact. The statement shall include the mailing and street
addresses of the principal place of business of the person financially
' responsible and of the owner of the land or their registered agents. If the
person financially responsible is not a resident of North Carolina, a North
Carolina agent must be designated in the statement for the purpose of receiving
notice of compliance or non-compliance with the plan, the Act, this ordinance,
or rules or orders adopted or issued to this ordinance.
d. The Catawba County Soil and Water Conservation District shall review the plan and
submit any comments and recommendations to the City within 20 days after the soil
and water conservation district received the erosion control plan, or within any
shorter period of time as may be agreed upon by the soil and water conservation
district and the City. Failure of Conservation District to submit its comments
and recommendations within 20 days or within any agreed -upon shorter period of
time shall not delay final action on the plan.
e. The City will review each complete plan submitted to them and within 30 days of
receipt thereof will notify the person submitting the plan that it has been
approved, approved with modifications, approved with performance reservations,
or disapproved. Failure to approve, approve with modifi- cations, or disapprove
a complete erosion and sedimentation control plan within 30 days of receipt shall
be deemed approval. Disapproval of a plan must specifically state in -writing the
reasons for disapproval The City must approve, disapprove with modifications, or
disapprove a revised plan within 15 days of receipt, or it is deemed to be
' approved. If, following commencement of a land -disturbing activity pursuant to
an approved plan, the City determines that the plan is inadequate to meet the
requirements of this ordinance, the City may require any revision of the plan
' that is necessary to comply with this ordinance. Failure to approve, approve
with modifications, or disapprove a revised erosion control plan within 15 days
of receipt shall be deemed approval of the plan. The City may establish an
expiration date for erosion control plans approved under this ordinance.
' f. Any plan submitted for a land -disturbing activity for which an environmental
document is required by the North Carolina Environmental Policy Act (G.S. 113A-1,
et seq.) shall be deemed incomplete until a complete environmental document -is
' available for review. The City shall promptly notify the person submitting the
plan that the 30 day time limit for review of the plan pursuant to Section 17(e)
' 11

of this ordinance shall not begin until a complete environmental document is
available for review.
g. The plan required by this section shall contain architectural and engineering
drawings, maps, assumptions, calculations, and narrative statements as needed to
adequately describe the proposed development of the tract and the measures
planned to comply with the requirements of this ordinance. Plan content may vary
to meet the needs of specific site requirements. Detailed guidelines far plan
preparation may be obtained from the City on request.
h. The City may disapprove an.erosion control plan upon .a finding that an applicant,
or a parent, subsidiary, or other affiliate of the applicant:
' G.) Is conducting or has conducted land -disturbing activity without an
approved plan, or has received notice of violation of a plan previously
' approved by the Commission or a local government pursuant to the Act and
has not complied with the notice within the time specified in the notice;
(2) Has failed to pay a civil penalty assessed pursuant to the Act or a local
ordinance adopted pursuant to the Act by the time the payment is due.
(3) Has been convicted of a misdemeanor pursuant to G. S. 113A-64 (b) or any
criminal provision of a local ordinance adopted pursuant to the Act or;
i(4) Has failed to substantially comply. with State rules or local ordinances
and regulations adopted pursuant to the Act. For purposes of this
subsection (h) an applicant's record may be considered for only the two
years prior to the application date.
i. Applications for amendment of an erosion control plan in written and/or graphic
form 'may be
made at any time under the same conditions as the
original
application..
Until such time as said amendment is approved by the City, the land -
disturbing activity shall not proceed except in accordance with the
erosion
control plan
as originally approved.
Any person
engaged in land -disturbing activity who fails to file
a plan
inaccordance
with this ordinance, or who conducts a land -disturbing
activity
except in accordance with provisions of an approved plan shall be deemed in
violation of this ordinance.
k. The approval of an Erosion Control Plan is conditioned on the applicant's
compliance with Federal and State water quality laws, regulations, and rules.
Section 18 AAPuea_ls
a. Except as provided in Section 18 (b) of this ordinance the appeal of a disapproval
or approval with modifications of a plan shall be governed by the following provisions:
1. The disapproval or approval with modifications of an erosion control plan
by the City shall entitle the applicant to a public hearing, if the
applicant submits to. the Planning Director/Asst. City Manager a written
demand for a hearing within fifteen (15) days after receipt of written
notice of the disapproval or modification
2. Hearings held pursuant to this section shall be conducted by the City's
Erosion Control Plan Review Committee, composed -of the City Manager or his
' designee, the Planning Director/Asst. City Manager, Code Enforcement
Officer, and the City Public Works/Utilities Director. A written demand
1 12
C,

1
for the hearing shall be made to the Planning Director/Asst._City Manager,
The hearing shall be held within ten (10) days after th6 receipt of a
request for a hearing.
3. The Erosion Control. Plan Review Committee shall make recommendations to
the Newton Board of Aldermen within ten (10) days after the date of the
1
hearing on any formal plan;
'
4. The Newton Board of Aldermen shall render its final decision on any plan
upon which a hearing has been requested within fifteen (15) days of
receipt of the recommendations from the Erosion Control Plan Review
Committee conducting the hearing;
5. The applicant shall have fifteen (15) days following the final decision by
the Newton Board of Aldermen to appeal that decision to the North Carolina
Sedimentation Control Commission (NCSC Commission) pursuant to N.C. Gen.
'
StaLt. sec. 113A-61 ® and Title 15, NCAC 4B.00 1 8 (d) ;
b.
In the event that an erosion control plan is disapproved pursuant to Section 17
(h) of this ordinance, the City shall notify the Director of the Division of Land
Resources of such disapproval within 10 days. The City shall advise the applicant
and the Director in writing as to the specific reasons that the plan was
disapproved. The applicant may appeal the City disapproval of the plan pursuant
to Section 17 (h) of this ordinance directly to the Commission.
Section 19
Inspections and Inv9stigations
a.
Agents, officials or other qualified persons authorized by the City will
periodically inspect land -disturbing activities to ensure compliance with the Act,
this ordinance, or rules or orders adopted or issued pursuant to this ordinance,
and to determine whether the measures required in the plan are effective in
controlling erosion and sediment resulting from land -disturbing activity. Notice
of the right to inspect shall be included in the certificate of approval of each
erosion control plan.
b.
No person shall willfully resist, delay, or obstruct an authorized representative,
employee, or agent of the City while that person is inspecting or attempting to
inspect a land -disturbing activity under this section.
c.
If, it is determined that a person engaged in land -disturbing activity has failed
to comply with the Act, this ordinance, or rules, or orders adopted or issued
pursuant to this ordinance, a notice of violation shall be served upon that
person. The notice may be served by any means authorized under GS IA-1, Rule 4.
The notice shall specify a date by which the person must comply with the Act, or
.this ordinance, or rules, or orders adopted pursuant to ' this ordinance, and inform
the person of the actions that need to be taken to comply with the Act, this
ordinance, or rules or orders adopted pursuant to this ordinance. However, no
time period for compliance need be given for failure to submit an erosion control
plan for approval or for obstructing, hampering or interfering with an authorized
representative while in the process of carrying out his official duties. Any
person who fails to comply within the time specified is subject to the civil and
criminal penalties provided in this ordinance.
id.
The City shall have the power to conduct such investigation as it may reasonably
deem necessary to carry out its duties as prescribed in this ordinance for this
purpose to enter upon any property, public or 'private for the purpose 'of
'
investigating and inspecting the sites of any land -disturbing activity.
1 13

e. The city shall also have the power to require written statements, or the filing
-; of reports under oath, with respect to pertinent questions relating to land -
disturbing activity.
Section 20 Penalties
a. Civil Penalties
(1) Any person who violates any of the provisions of this ordinance, or rules
or orders adopted or issued pursuant to this ordinance, or who initiates
or continues a land -disturbing activity for which an erosion control plan
is required except in accordance with the terms, conditions, and
provisions of an approved plan, is subject to a civil penalty. The maximum
civil penalty for a violation,' other than a violation of a stop -work order
issued under G.S. 113A65.1, is five thousand dollars ($5,000.00). The
maximum civil penalty for a violation of a stop -work order is five
' thousand dollars ($5,000.00). No penalty shall be assessed until the
person alleged to be in violation has been notified of the violation as
provided in section 19C of this ordinance. If, after the allotted time
period has expired, the violator has not completed corrective action, a
civil penalty may be assessed from the date of service of the notice of
violation. In addition, the City may assess a person a one-time civil
penalty of up to $5,000 for the day the violation is first detected.
However, no time period for compliance need be given for failure to submit
an erosion control plan for approval or for obstructing, hampering or,
interfering with an authorized representative while in the process -of
carrying out his official duties, Each day of continuing violation shall
constitute'a separate violation.
(2) The Board of Aldermen of the City of Newton shall determine the amount of
the civil penalty to be assessed under this subsection and shall notify
the person who is assessed the civil penalty of the amount of the penalty
and the reason for assessing the penalty. In determining the amount of the
penalty the Board shall consider the degree and extent of harm caused by
the violation and the cost of rectifying the damage, the amount of money
the violator saved by noncompliance, whether the violation was committed
willfully, and the prior record of the violator in complying of failing to
comply with this ordinance. The notice of assessment shall be served by
any means authorized under section 19 of this ordinance, and shall direct
the violator to either pay the assessment or contest the assessment,
within 30 days after receipt of the notice of assessment, by written
demand for a hearing. A hearing on a civil penalty shall be conducted by
the City within 30 days after the -date of the written demand for a
hearing. The City's Erosion Control Plan Review Committee shall conduct
the hearing and shall make its recommendation to the Board of Aldermen of
the City within 30 days after the date of the hearing. The Board of
Aldermen shall render its final decision on the civil penalty within 30
days of the receipt of the recommendation from the committee. Appeal from
the final decision of the Board of Aldermen shall be to the Superior Court
of Catawba County or the county of the violator's residence or principal
place of business.
(3) If payment is not received within
30 days. after demand for payment
is
made, the City may institute a civil action to recover the amount.of
the
assessment. The civil action may
be brought in the Superior Court
of
Catawba County or the county where violator's residence or principal place
'
of business is located. Such civil
actions must be filed within three
(3)
years of the date the assessment
was due. An assessment that is
not
14

contested is due when the violator is served with•a notice of assessment.
An assessment that is contested is due at the conclusion of the
administrative and judicial review of the assessment.
(4) Civil penalties collected pursuant to this ordinance shall be credited to
the general fund of the City as nontax revenue.
b.
Criminal Penalties
e
Any person who knowingly or willfully violates any provision of this ordinance,
or rule or order adopted or issued pursuant to this ordinance, or who knowingly
or willfully initiates or continues a land -disturbing activity for which an
erosion control plan is required except in accordance with the terms, conditions,
'
and provisions of an approved plan, shall be guilty of a Class 2 misdemeanor
which may include a fine not to exceed $5,000.
'
Section 21
Injuncti.ve_Relief
a.
Whenever the Board of Aldermen has reasonable cause to believe that any person is
violating or threatening to violate this ordinance or any rule or order adopted
or issued pursuant to this ordinance, or any term, condition, or provision of an
approved erosion control plan, it may, either before or after the institution of
any other action or proceeding authorized by this ordinance,' institute a civil
action in the name of the City for injunctive relief to restrain the violation or
threatened violation. The action shall be brought in the Superior Court of
Catawba County.
b.
Upon determination by a court that an alleged violation is occurring or is
threatened, the court shall enter any order or judgment that is necessary to abate
the violation, to ensure that restoration is performed, or to prevent the
threatened violation. The institution of an action for injunctive relief under
'
this section shall not relieve any party to the proceedings from any civil or
criminal penalty prescribed for violations of this ordinance.
Section 22
RestoratiQn_Qf areas_ affected by failure to comply
The City may require a person who engaged in a land -disturbing activity and failed
to retain sediment generated by the activity, as required by G.S. 113A-57(3), to
'
restore the waters and land affected by the failure so as to minimize the
detrimental effects of the resulting pollution by sedimentation. This authority
is in addition to any other civil or criminal penalty or injunctive relief
authorized under this ordinance.
Section 23
Severability
If any section or sections of this ordinance is/are held to be invalid or
unenforceable, all other sections shall nevertheless continue in full force and
effect.
Section 24 Effective Date
The provisions of this ordinance shall be effective on and after the 3rd day of October,
2000. .
15

I .
Adopted this the 3rd day of October, 2000.
ts
1 9 K-,P. bi
Rita K. Williams, City Clerk
1
1
Ell
Wayne .te iager 1.6
16
1
Ell
Wayne .te iager 1.6
16

CONTRACT NO. L01022
N CONTRACTOR'S
STATE OF NORTH CAROL! A CONTR CT 'S � ID NO.
COUNTY OF WAKE 566001301
CFDA CODE: N/A
ICOOPERATIVE AGREEMENT
This AGREEMENT is made between the North Carolina Department of Environment
and Natural Resources (Department) and the City of Newton (Contractor).
IT IS AGREED THAT:
1. The Contractor will provide; in a manner satisfactory to the Department, services for
the start-up of a new local Erosion and Sedimentation Control Program to be
administered by the City of Newton, as described in Attachment A which is
incorporated as part of this agreement.
2.
The Department shall reimburse the Contractor a sum of money not to exceed
THIRTY-EIGHT THOUSAND SEVEN HUNDRED DOLLARS ($38,700.00).for services.
Payment will be made upon receipt of an invoice documenting costs incurred in the
performance of work -under this agreement.
3.
Where travel, lodging and subsistence are allowable costs, reimbursement will be
made in compliance with applicable budget regulations as contained in the Budget
Manual for the State of North Carolina
4
Final invoices must be received by the DEPARTMENT within 45 days after the 'end of
the contract period.
5.
The parties to this agreement agree anj understand that the payment of the sums
specified in this agreement is dependent and contingent upon and subject to the
appropriation, allocation, and availability of funds for this purpose to the Department.
6.
This agreement shall be effective for the period June 1, 2001 through August 31,
2002.
7.
The CONTRACTOR shall ensure that all publications produced as a result of this
contract are printed double -sided on recycled
paper.
8.
The Contractor will secure at his own expense, all personnel required in performing the
services under this agreement. Such personnel shall not be employees of the
Department.
9.
1n the event the Contractor subcontracts for any or all of the services or activities
covered by this agreement: (a) the Contractor is not relieved of any of the dut;'
responsibilities provided in this,agreement; (b) the subcontractor agrees to. -
the standards contained herein or to provide such information as to.allov
Contractor to comply with these standards, and (c) the subcontractor.`
state and federal authorized representatives access to any records
as a subcontractor.
1 of 3

20.
21.
�.
22.
CONTRACT NO. L01022
Attachment of terms and conditions (other than those authorized by the Department) to
this agreement shall cause this agreement to be invalid.
Glenn J. Pattishall is designated key personnel for the Contractor.
Caroline Medlin is designated as the project coordinator for the Department.
IN WITNESS WHEREOF, the Contractor and the Department have executed this
agreement in duplicate originals, one of which is retained by each of the parties.
ICITY OF NEWTON
By J
antra A Signature
Glenn 1. Pattishall
Typed Name
NORTH CAROLINA,DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES
illiam G. Ross, Jr., Secretary
J
Director/Division of
Purchase & Services
V�l Gi,t.� �� ✓ J t.�
epartment Head's Signature
l or Authorized Agent
Title pi.A�►���Jc � 12�-TAR / l.��s T • GTE A�1 a�.l�*�
WITNESS:
WITNESS:
Signature
Signature
� t� i N S71Z� +MST 13t~.Er.i �A�.3 [>
SIN T4v--
ICoNTV—OL AC: '
9Z7
:ADUPUer .
3 of 3

North Carolina Sedimentation Control Commission
Department of Environment and Natural Resources
Division of Land Resources ATTACHMENT
1612 Main.Service Center
Raleigh, NC 27699-1612
LOCAL PROGRAM ASSISTANCE CONTRACTS
Application Deadline: January 1, 2001
Applications should be complete and mailed to the above address. Proposals postmarked on or before
January 1, 2001, will be considered during this funding cycle. Proposals postmarked after January 1,
2001 will be considered during the subsequent cycle. Facsimile applications will'not be accepted.
Applications materials should not be bound and all materials should be suitable for photocopy in black
and white.
Program:
Name: CITY OF NEWTON
Funds requested: _ $38 700
Intended use of funds requested: For the startup of a new Local Soil Erosion and
Sedimentation Pro am. for the City of Newton.
Total Program Budget: $96 750 _ (First 18 Months
Budget Period: March, 2401-�SeptemberL2002 _ � _ (18 Months
Location:
County: CATAWBA
Municipality: CITY OF NEWTON
1' Applicant:
Organization Name: CITY OF NEWTON PLANNING DEPARTMENT ^
Contact Person: GLENN J. PATTISHALL/AICP
' Mailing address: P. O. BOX 550
City: NEWTON, NC_ _ Zip: 28658 _
Phone: [phone] Fax: [phone]
E-mail: gpattishallgmail.ci.newton.nc.us
Note: This contract application must not exceed six (6) pages (8 '/2 x 11); single
I spaced excluding maps and organizational charts.
I
Three (3) copies of this application must be submitted.

staff to positively address the recent increase in citizen and both elected and appointed
• Allow p y
board concern over sedimentation and erosion control problems on construction sites;
• Allow for more control over the performance of contractors for the City's own numerous
infrastructure projects (wastewater and water treatment plants, outfajls, waterlines, lake & park
construction.
Longer -range objectives of the program (i.e. beyond eighteen months) are to develop and oversee
Iordinances and policies to address other environmental issues facing Newton as it continues to grow in the
future. Once the Sedimentation and Control Program is fully functional, it is anticipated that the City will
aggressively address other environmental issues that the City, is facing, such as anticipated Buffer
Regulations and NPDES Phase IlStorm Water Program and enhaincement of existing Flood Plain
Ordinances.
The need for a local program in Newton is significant. Environmentally responsible growth is a
priority., for the City. A local program will allow a more proactive and responsive approach to erosion and
sedimentation control issues. It will also provide for a much more frequent and consistent presence on. active
construction sites in Newton. We also believe that a local program can assist the State in keeping tabs on the
large number of upcoming projects that fall under their jurisdiction. This includes NCDOT projects, several
county projects, and numerous City projects. These are all planned for construction over the next several
' years.
Method of Evaluation of Measurable Outcomes
The primary reason that the City has adopted a local SESC Ordinance -is to protect water quality in
the streams and water features within the City's Limit and Planning .Area. The City does not have a program
iin place to collect data presently so there will be no local base data available compare to data collected after
the City puts the program in place. The only base data will be that of the State DWQ for the Clark Creek sub
basin. Other measurable outcomes will be:
• Documentation of and reduction in the number of complaints and violations discovered in the field;
• Establishment of a local education program for schools, civic organizations and other interested parties
r which will increase awareness of the program, its processes and. applicability and.most important, its
desired effect, i.e. protection of water quality
• Development of a computerized site management and reporting system will enable. the City to remain
informed and proactive with permitted and non -permitted sites and thus ensuring prevention of soil
erosion and degradation of water quality.
ITotal Annual Funds Needed for Program
Annual operating funds that will be required for the program is summarized on "Attachment A:
Estimated Budget and Revenue Projections'.'. The budget includes both capital outlay and operating
expenses for the program, and totals $78,500 for the first year. Subsequent annual budgets are expected to
be less by because of the reduced capital, or start-up costs necessary in subsequent years. The total
estimated program cost for the eighteen month period of grant funding requested is $_78,500 (first
twelve months) plus $118 250 (one half of the second twelve month period, for a total of $96,750. In
' accordance with the grant guidelines of 60% local fund commitment and 40% grant, the City is requesting
grant funding in the amount of $38,700,
1

the City and its Extraterritorial Planning Jurisdiction. Coordination of the local SESC Ordinance would be
'integrated with current permitting procedures for zoning approval, building permits, certificates of
occupancy, and subdivision approval, as well as educational programs that the City plans to develop. The
strength of an integrated and coordinated program of administration and enfoTement will provide a very
connected resource for citizens, developers, and related governmental agencies that are impacted by
development.
The Planning, Code Enforcement, Utilities, and Engineering Divisions of the City already work
closely together to unify and support all aspects of the development process in the City and integration of the
SESC Ordinance is logical and will be easily integrated.
The. City is active in the local school systems, (there are two (2) systems in Newton), by participating
in special programs and presentations to students at all grade levels. The SESC Program will present a
' perfect opportunity to assist in Curriculum development concerning environmental issues.
The City also holds periodic meetings with developers, contractors, and builders. Staff typically.
' takes advantage of those opportunities to discuss and educate the "builders" of the community on issues such
as the development of this program. The more we educate, the more a cooperative atmosphere is promoted
among those who can make the program a success.
D Or anizational Chart for Pro ram Staff Related Land Use Regulatory Programs and
Governing Body
Organizational Charts are supplied as Attachments C, D, and E.
Staff Responsible for Program Administration
No new staff is proposed to be hired, rather the City is intending on expanding the responsibilities of
its Code Enforcement Officer, under the supervision of the Planning Director/Asst, City Manager. It is
anticipated that the Code Enforcement Officer will work in conjunction with Planning Department Staff and
' the Public Works/Utilities Director (City Engineer), and would be the primary Staff contact, Plan Reviewer,
Field inspector and enforcement personnel for the program.
(F) Qualification Criteria and Job Descriptions for Prolzram Positions
Program Position Descriptions, related to the SESC Program, is supplied as Attachment F. Also
supplied are Attachments G, H, and I,.which are primarily involved with SESC Program administration.
tG Additional Duties and Pro rams for Program Personnel and Estimated Percents e of Monthly
Required Time Commitment for P_ropra-m Activities
IAt the present time, the Code Enforcement Officer is responsible for the City's Minimum Housing
Code, Abandoned Structures Ordinance, Nuisance Ordinance, Abandoned and Sunk Vehicle Ordinance, and
' enforcement of the City Zoning Ordinance and Flood Plain Ordinance. He assigns E-91 I addresses for the
City's numbering area. It is estimated that approximately 30% of monthly time -would be committed to the
Soil Erosion Sedimentation Control Ordinance administration once the program is established, training is
' completed, and the Code Enforcement Officer has a reasonable amount of experience. Initial time devoted
to Soil Erosion Sedimentation Control Ordinance administration during the 18 month start up Phase is
expected to consume as much as 50. to 60% of the time due to training, field' visits, and process
' implementation. Enforcement of other codes is typically equal to approximately 50% of the time, with
another 20% related to plan review, permitting and other duties as assigned.

' ercial industrial, or non-profit organization facilities ranging in size from 2 to 110
five expansions of comet A
acres. The total for a three-year projection period would equal 36 projects ranging in size totaling between
' 90 and 405 acres of affected property. Since not all of the acreage will be disturbed, an average annual
disturbed acreage of 100 acres is being used based on a review of the five- (5) year records.
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CURRENT
ORGANIZATIONAL CHART FOR
RELATED LAND USE
REGULATORY PROGRAMS
CITY MANAGER
PLANNING DIRECTOR/
ASST CITY MGR.
-MINIMUM HOUSING CODE
-ZONING ORDINANCE
-SUBDIVISION REGULATIONS
i
-ABANDONED STRUCTURES.
-NUISANCE ORDINANCE
-VEHICLE ORDINANCES
.I
-PLAN REVIEW
-SOIL EROSION/SED ORDINANCE
PUBLIC WORKS/ j
UTILTY DIRECTOR {
DEVELOPMENT INSPECTION
CODE ENFORCEMENT OFFICER
-MINIMUM HOUSING CODE
-ZONING ORDINANCE
-SUBDIVISION REGULATIONS
-ABANDONED STRUCTURES
-NUISANCE ORDINANCE'
-VEHICLE ORDINANCES
-PLAN REVIEW
-SOIL EROSIONISED ORDINANCE
ATTACHMENT D

' Job Description Elements
for
Administration of Soil Erosion -Sedimentation
' Control Ordinance
1 Primary Pur ose of position
' To do plan review, inspection of construction sites, collect permit fees, issue permits,
.::and respond to complaints and enforce action upon violations that are being done at
the construction sites.
• Other purposes of'the technician is to initiate documentation for enforcement -actions
writing reports/memos, researching ownership of property through tax records at the
courthouse. Updating data base and file management.
Description -of Responsibilities & Duties
' ■ Inspection
■ Plan Review
' ■ Enforcement & other duties
Machine Tools. E_guipmeut & Material Used
• Equipment used in the office
1. Computer.with topographic maps, plans and calculator
• Field Equipment'
1. Auto with four wheel drive
2. 35 rnm camera
3. Video camera
4. .Digital camera
5. Brunton compass
6. Foul weather clothing
7. Flashlight
8. Measuring tools
' Knowledge Skills & Abilities
■ Basic knowledge of plan review
■ Ability to compose reports and letters
■ Ability to communicate verbally and by written form to the'general public
■ Able to use good judgement in determining severity of any violations
Ability to work with other employees as a team
Certification is not required for this position
ATTACHMENT F

CODE ENFORCEMENT OFFICER - 1501 t
GENERAL DEFITIITION AND CONDITIONS_QF WOn:
Performs intermediate technical work in the inspection and enforcement of local ordinances with respect to minimum
' housing, abandoned structures, zoning, signs, vehicles, lots, etc.; does related work as required. Work is performed
under regular supervision.
This is light work requiring the exertion of up to 20 pounds of force occasionally, up to 10 pounds of Force frequently,
and a negligible amount of force constantly to move objects, and some medium work requiring the exertion of 50
pounds of force occasionally, up to 20 pounds of force frequently, and up to 10 pounds of force constantly to move
objects; work requires climbing, balancing, stooping, kneeling, crouching, reaching, standing, walking, pushing,
' pulling, lifting, fingering, grasping, and feeling; vocal communication is required for expressing or exchanging ideas
by means of the spoken word, and conveying detailed or important instructions to others accurately, loudly, or
quickly; hearing is required to perceive information at normal spoken word levels; visual acuity is required for depth
' perception, color perception, preparing and analysing written or computer data, visual inspection involving small
defects and/or small parts, use of measuring devices, operation of motor vehicles or equipment, determining the
accuracy and thoroughness of work, and observing general surroundings and activities; the worker is subject to
' inside and outside environmental conditions, and hazards.
MENTLkL VUNCTTQN5M2&AL TA
Performing inspections; enforcing codes; issuing certificates of occupancy; preparing and maintaining appropriate
' records; testifying In court.
Enforces the minimum housing and abandoned structures codes;
Conducts energy efficient inspections;
Reviews plans for multifamily, commercial, and industrial plans for compliance with Zoning Ordinance;
Enforces the zoning ordinance dealing with multifamily, commercial and industrial building sites;
Issues zoning and demolition permits;
Drives around city looking for code violations and issues notices of violation;
' Issues certificates of occupancy for businesses; makes site inspections for occupancy;
Issues addresses for new construction; updates address files; ensures correct street names signs -are erected;
Prepares correspondence to violators; maintains records; testifies in court;
Receives complaints in regard to code compliance matters; follows -up on complaints;
Performs related tasks as required.
KNOWLEDGE, E:
Thorough knowledge of the principles and practices of minimum housing andzoning code enforcement; thorough
knowledge of civil process and procedure related to enforcement activities; general knowledge of building
construction materials and methods, and of stages of construction; general knowledge of State building and related
codes, laws and ordinances; ability to read and interpret construction documents; ability to contact building owners,
contractors and the public and .effect satisfactory working relationships; ability to enforce codes with tact and
diplomacy; ability to establish and maintain effective working relationships with associates and the general public.
' D
Any combination of education and experience equivalent to graduation from high school and considerable
experience in codes enforcement and the building construction trade.
' SEEi(L REQMEMAENTS.
Possession of an appropriate driver's license valid in the State of North Carolina. Possession of Zoning Administrator
certificate. Possession of Energy Auditor certificate.
I
ATTACHMENT H

City of Newton
R
Because of the increase in development in the City of Newton and the inability of Land Quality
Section staff to adequately monitor land -disturbing activities, the City of Newton. was delegated
a local erosion and sediment control program by the Sedimentation Control Commission in
November 2000. It was determined by the Commission that with these funds the City of Newton
would have better control of the land -disturbing activities in their area, which will result in less
damage by sediment to the streams in the city.
As background, sediment is the largest pollutant by volume to the waters of the State of North
Carolina. Sediment can carry other pollutants that can be harmful to humans. Sediment in
drinking water results in increased treatment costs for users. Also, sedimentation can be
detrimental to all species of aquatic life. In order to protect streams, rivers, lakes, etc. from
' damage by sediment the North.Carolina General Assembly in 1973 passed the Sedimentation
Pollution Control Act (SPCA). The SPCA provides for and encourages the Commission to
delegate its jurisdiction to local governments and other state agencies. Land Quality staff on the
' average inspects land disturbing activities once every four months. Local erosion and
sedimentation control programs can inspect sites as often as once a week. This increased
inspection rate helps to keep sites in compliance and can reduce the amount of offsite
' sedimentation:
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t 26-16.15
ZONiitiG
Sec. 26-16 Appeal of decisio
appeal may be taken the board of adju ent from the com
gr ing or denying an appl' ation for a certific of appropriateness,
(1) May be taken b any aggrieved part ;
§ 26-17.1
ion's action in
appeals:
(2) Shall be t within times pres abed by the historic d' rict com/bgener.a.
rule; an
(3) Shal e in the nature of rtiorari.
Any'appe from the board of ustment's decision i ny case shall be hea
court o he county.
(Ord o. 91.53, 10-16-91)
See. 26-16.16. Com.dliance.
(a) Compli e with the terms of e certificate of appropria ness shall be en or d by
the planning ector. Failure to co ly with a certificate of a ropriateness shall e a vio
/cert*cate
apter and punish e as provided in article
continuance of ork or the lack of progre toward achieving pliance with
ppropriaten s for a period of six (6) m the sha11be consid ed as a failure to
certificate f appropriateness.
g con ed in this chapter shall p ohibit, impair, or li t in any way the power
of the city to preve t the construction, recon ruction; alteration, estoration, or removal of
buildings, struc es, appurtenant fixtures r outdoor signs in t e districts in violation of
provisions of t s chapter. The enforcem t of any remedy pr 'ded herein shall not pr ent
the enforce ent of any other remedy r remedies provide erein or in other ordin ces or
laws. (Se S. 160A-175 and 160A 89).
(Ord. . 91.53, 10-16-91)
Sec..26-16.17/depment
endation"lied/he..
No historall be established o the requirements of s ction 26.16.10 i e-
mented until ent of cultural res rces shall have been ven an opportu ' y, inaccordance wiions of G.S. 160 395(2), to make recom endations with r spect tothe establishmistrict.!Ord. No. 91.5
ARTICLE XV11. FLOODWAY AND FLOODWAY FRINGE REGULATIONS
Sec. 26-17.1. Establishment of flood hazard districts.
(a) The areas within the jurisdiction of the city subject to special flood hazard are hereby
divided into two (2) types of flood hazard districts: floodway districts (FWD) and flood fringe
Supp. No. 13, 2-92 218.127

1
1 5 26-17.1 NEWTON CITY CODE § 26-17.3
districts (FFD). The boundaries of these districts are depicted on the official zoning atlas and
on the floodway flood boundary and floodway maps, (floodway map).
' (b) The FWD and FFD shall be considered as overlay districts to other zone districts. Uses
permitted within the underlying districts shall be permitted, provided they meet the require-
ments of this article.
(Ord. No. 91.53, 10-16-91)
Sec. 26.17.2. District boundaries.
'The boundaries of the flood hazard district have been determined by scientific and engi-
neering studies prepared by the Federal Emergency Management Agency and the Federal
'
Insurance Administration. The results of these studies have been published as the Flood
Insurance Study and as floodway maps. The study and maps shall hereafter serve as the
determinants for construction or use as set forth in this chapter. The approximate location of
flood hazard areas have been platted on the official zoning atlas for the purposes of alerting
interested persons of their presence. Where interpretation is needed in order to allow a Sur-
veyor to locate the exact boundaries of the district as shown on the official floodway maps or
official zoning atlas, the planning director shall initially make the necessary interpretation,
based on flood profile information. The decision of the planning director shall be subject to
appeal to the board of adjustment in accordance with article XII. An accurate plat, prepared
by a registered surveyor or engineer, shall accompany the appeal and shall show the district ,JC
;.
boundaries. - ..
(Ord. No. 91.63, 10-16-91)
See. 26-17.3. General provisions.
'
The following to flood hazard districts:
provisions shall apply all
(1) All new construction and substantial improvements shall be anchored to prevent
'
flotation, collapse or lateral movement of the structure, and elevated to a height of
two (2) feet above the base flood elevation.
(2) All new construction and substantial improvements shall be constructed with mate-
rials and utility equipment resistant to flood damage.
(3) All new construction or substantial improvements shall be constructed by methods
and practices that minimize flood damage:
(4) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system.
(5) New and replacement sanitary sewerage shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the systems into
floodwaters.
(6) On -site waste disposal systems shall be so located as to avoid impairment to them or
contamination from them during flooding.
Supp. No. 13, 2-92 218.128

I
I§ 26-17,3
ZONING
s 26-17.4
r(7)
Any alteration, repair, reconstruction, or improvements to a structure on which the
start of construction begins after the effective date of this chapter shall meet the
'
requirements of "new construction" as contained in this chapter.
(8) Manufactured homes shall be anchored to prevent flotation, collapse or lateral move-
ment. Methods of anchoring may include, but are not limited to, use of over -the -top or
frame ties to ground anchors. This standard shall be in addition to and consistent with
applicable state requirements for resisting wind forces.
(9) Electrical, heating, ventilation, plumbing, air conditioning equipment and other ser-
vice facilities shall be so designed or located as to prevent water from entering or
accumulating within the components during flooding.
(Ord. No. 91.53, 10-16-91)
Sec. 26-17.4. Floodway districts.
The following provisions shall apply to all areas designated as floodway districts (FWD) on
the official zoning atlas and on the floodway maps for the city and county, where applicable as
published by the Federal Emergency Management Agency;
(1) Within a FWD, all fill, encroachments, new construction or substantial improvement
shall be prohibited, except as otherwise provided herein as a special use or a per-
mitted use.
(2) The following and other similar uses having a low flood damage potential and which
will not obstruct flood flows shall be permitted within the FWD to the extent that they
are not prohibited by any other ordinance or other provisions of this chapter, and
provided they do not require structures, fill, dumping of materials or.waste, or storage
of materials or equipment. But no use shall be permitted which would result in an
increase in the regulatory flood elevation.
a. Agricultural uses, including general farming, pasture, grazing, outdoor plant
nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and
wild crop harvesting.
b. Nonstructural industrial -commercial uses, including loading areas, parking areas,
and private airport landing strips.
c. Private and public recreational uses, including golf courses, tennis courts, driving
ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas,
parks, wildlife and nature preserves,, game farms, fish hatcheries for native spe-
cies, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing
areas, hiking and horseback riding trails.
d. Residential accessory uses, such as lawns, gardens, parking areas and play areas.
' (3) The following uses may be permitted only upon the approval of a special use permit
by the boazd of adjustment, as provided in article =, and provided that the use will
not increase the regulatory. flood level:
a. Uses accessory to permitted principal or permissible special uses.
Supp. No. 13, 2-92 218.129

26-17.4 NEWTON CITY CODE ti 26-17.5
'
rt
b. Circuses, carnivals, and similar transient amusement or entertainment.
c. Drive-in theaters, parking areas, new and used car lots.
d. Extraction of sand, gravel, and other materials.
e. Railroads, streets, bridges, utility transmission lines, and pipelines.
'
f. Marinas, boat rentals, docks, piers, wharves, exclusive of any structures con-
nected with any of the above mentioned.
g. Private storage yards for nonfloatable equipment, machinery or materials..
'
(Ord. No. 91.53, 10-16-91)
Sec. 26-17.5. Floodway fringe district.
'
The following provisions shall apply to all areas designated as flood fringe districts (FFD)
on the official floodway maps:
'
(1) Zoning clearance permits shall be required for all construction or substantial im-
provement within a FFD.
(2) New construction or substantial improvement of any residential structure within the
FFD shall have the lowest habitable floor, including basement, elevated a height of
two (2) feet above the base flood elevation.
(3) New construction or substantial improvement of any commercial, industrial or other
nonresidential structure shall either have the lowest floor, including basement, ele-
vated to a level of two (2) feet above the base flood elevation or, together with atten-
dant utility and sanitary facilities, be floodproofed to be two (2) feet above the base
elevation. All floodproofing shall meet the requirements of this article.
(4) The placement of a manufactured home or the substantial improvement of any of the
above in a FFD shall be allowed only if the following criteria are met:
a. Ground anchors for tie -downs are provided.
b. Tie -down requirements.
1. Over -the -tap ties are required at each of the four (4) corners of the mobile
home, with one 11) additional tie per side at an intermediate location, for
manufactured homes less than fifty (50) feet long.
2. Frame ties are required in conjunction with each over -the -top tie.
3. All components of the anchoring.must be capable of carrying a force of four
thousand eight hundred (4,800) pounds.
c. Lots or pads are elevated on compacted fill or by any other method approved by
the city engineer so that the lowest Habitable floor or the manufactured home is
at least two (2) feet above the regulatory flood level.
d. Adequate surface drainage and easy access for a mobile home hauler are pro-
vided.
e. Load -bearing foundation supports such as piers or pilings must be placed on
'
stable soil or concrete footings no more than ten (10) feet apart; and if the support
1 Supp. No. 13. 2.92 218.130

I §
26-17.5 ZONING 5 26-17.6.1
height is greater than seventy-two (72) inches, the support must contain steel
reinforcement.
(5) In the event a manufactured home location or relocation is not deemed to constitute
the expansion of an existing manufactured home park, as defined, the location or
relocation shall be allowed, provided that:
a. Any manufactured home moved into or relocated within an existing manufac-
tured home park shall be anchored in accordance with the provisions of this
'
article, elevated to a height of -two (2) feet above the base flood elevation.
. b. Easy access for a manufactured home hauler is provided.
(Ord. No. 91.53, 10-16-91)
Sec. 26-17.6.1. Floodproofing--Minimum requirements.
Wherever any of the provisions of this chapter require that a building be floodproofed or
specify that floodproofing may be used as an alternative to elevating a structure above the
'
regulatory flood level, floodproofing shall be deemed to include all of the following:
(1) Wherever possible, the location, construction and installation of all electrical and gas
utility systems in such a manner as to assure the continuing functioning of those
systems in the event of a regulatory flood.
(2) The location, construction and installation of all portable water supply systems in
such a manner as to prevent contamination from floodwaters during the regulatory
flood.
(3) Approved backflow preventors or devices shall be installed on main water service
lines, at water wells and at all building entry locations to protect the system from
backflow or back-siphonage of floodwaters or other contaminants.
(4) Sanitary and storm drainage sewerage that have openings below the regulatory flood
elevation shall be equipped with automatic backwater valves or other automatic
'
backflow devices tBat are installed in each discharge line passing through a building
exterior wall.
(5) Sanitary sewer systems, including septic tank systems, that are required to remain in
operation during a flood shall be provided with a sealed holding tank and the neces-
sary isolation and diversion piping, pumps, ejectors, and appurtenances required to
prevent sewage discharge during a flood. The holding tank shall be sized for storage
of at least two (2) days' demand.
(6) All sewer system vents shall extend above the regulatory flood elevation.
(7) A registered professional engineer or architect shall certify that any new construction
or substantial improvement has been designed to withstand the flood depths, pres-
sure, velocities, impact and uplift forces associated with the regulatory flood at the
location of the building and that the walls below the regulatory flood level are sub-
stantially impermeable to the passage of .eater.
iOrd. No. 91.53, 10-16-91)
Supp. No. 13, 2.92 218.131

E § 26 i7.6.2 NEWTON CITY CODE s 26-17.8
Sec. 26-17.6.2. Same —Approval.
Prior to construction, plans for any structure that is required to be floodproofed must be
submitted to the city engineer for review. The city engineer will review the plans for compli-
ance with the provisions of this article for general compliance with techniques specified in the
IU.
S. Army Corps of Engineers publication entitled "Floodproofing Regulations, " June 1972,
GPO: 19730-495386, and for compliance with any other applicable building codes or regula-
tions. The planning director shall approve, reject, or recommend modification of the plans
within fifteen (15) days from their receipt.
(Ord. -No. 91.53, 10-16-91)
Sec. 26-17.7. Small streams and shallow flooding provisions.
'
For small streams, where regulatory flood elevations or floodways have not been provided,
the following requirements shall apply:
(1) No building or fill material shall be located within a distance of the stream bank
equal to five (5) times the width of the stream at the top of the bank or twenty (20) feet
on each side from top of bank, whichever is greater.
(2) The lowest habitable floor, including basement, of residential structures shall be at �
least six (6) inches above the crown elevation of the nearest street or at the elevation
required by the planning director after obtaining base flood elevation data from a
federal, state or local agency or engineer.
(3) The lowest habitable floor, including basement, of nonresidential structures shall be
at least six (6) inches above the crown elevation of the nearest street or at the eleva-
tion required by the planning director after obtaining base flood elevation data from
a federal, state, or local agency or engineer or, together with attendant utility and
sanitary facilities, be floodproofed to the required elevation.
(Ord. No. 91.53, 10-16-91)
Sec. 26-17.8. Elevated buildings.
New construction of, or substantial improvements in, elevated buildings that include fully
enclosed areas formed by foundation and other exterior walls below the base flood elevation .
shall be so designed as to preclude finished living space and to allow for the entry and exit of
floodwater to equalize hydrostatic flood forces automatically on exterior walls. Designs for
complying with this requirement must either be certified by a registered professional engineer
or architect or meet the following minimum criteria:
(1) Provide a minimum of two (2) openings, raving a total net area of not less than one
(1) square inch for every square foot of enclosed area subject to flooding;
(2) The bottom of all openings shall be no higher than one (1) foot above grade; and
Supp. No. 13, 2-92 218.132

§ 26.17.8 ZONING § 26-17.9
1
(3) Openings maybe equipped with screens, louvers, valves, or other covering or devices,
provided they permit the automatic flow of floodwaters in both directions.
a. Electrical, heating, ventilation, plumbing, air conditioning equipment and other
service facilities shall be designed or located so as to prevent water from entering
or accumulating within the components during conditions of flooding.
b. Access to enclosed areas shall be the minimum necessary to allow for parking of
vehicles (garage door) or limited storage of maintenance equipment used in con-
nection with the premises (standard exterior door) or entry to the living area
(stairway or elevator).
c. The interior portion of such enclosed area shall not be partitioned or finished into
separate rooms.
1
(Ord. No. 91.53, 10-16-91)
Sec. 26-17.9. Duties of the planning director.
Duties of the planning director, in regard to this article, shall include, but not be limited
to:
(1) Review all applications for zoning clearance permits to assure that the requirements
'
of this article have been satisfied.
(2) Advise applicant that additional federal or state permits are known, verify that such
permits have been obtained.
(3) Notify adjacent communities and the state department of natural resources and com-
munity development prior to any alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Insurance Administrator.
(4) Assure that maintenance is provided within the altered or relocated portion of said
'
watercourse, so that the flood carrying capacity is not diminished.
(5) Verify and record the actual elevation, in relation to mean sea level, to which new or
'
substantially improved structures have been floodproofed.
(6) When floodproofing is used for a particular structure, obtain certification from a
registered professional engineer or architect in accordance with subsection 26-17.6.1(7).
(7) Make the necessary interpretation as to the exact location of the boundaries of the
areas of special flood hazard (for example, where there appears to be a conflict be-
tween a mapped boundary and actual field conditions). The person contesting the
location of the boundary shall be given a reasonable opportunity to appeal the inter-
pretation as provided in this article.
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(8) When base flood elevation data have not been provided in the application, obtain,
review, and use any base flood elevation data available from a federal, state, or other
source, in order to administer the provisions of this article.
(9) Maintain all records pertaining to the provisions of this article in the office of the
planning director. These records shall be open for public inspection.
1Ord. No. 91.53, 10-16-91)
5upp. No. 13, 2-92 215.133

26-17.10 NEWTON CITY CODE ` 26-17.10.1
Sec. 26-17.10. Variances.
As a prerequisite to granting a variance, the board of adjustment shall consider all tech-
nical evaluations, as well as:
(1) The importance of the services provided by the proposed facility to the community;
(2) The necessity to the facility of a waterfront location, where applicable;
(3) The availability of alternative locations, not subject to flooding or erosion damage, for
the proposed use;
(4) The compatibility of the proposed use with existing and anticipated development;
' (5) The relationship of the proposed use to the comprehensive plan and floodplain man-
agement program for that area;
(6) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(7) The expected heights, velocity, duration, rate of rise, and sediment transport of the
'
floodwaters and the effects of wave action, if applicable, expected at the site; and
(8) The costs of providing governmental services during and after flood conditions, in-
cluding maintenance and repair of public utilities and facilities such as sewer, gas,
electrical and water systems, and streets and bridges. �I
(Ord. No. 91.53, 10-16-91)>
Sec. 26-17.10.1. Findings required.
Such variances may be granted only upon the board of adjustment making the findings
listed in section 26-12.5 and the following additional findings:
(1) The property on which the structure is to be erected is an isolated lot of one-half (112)
'
acre or less, contiguous to and surrounded by lots containing existing structures
constructed below such required first floor elevation or a lot containing a structure
listed on the National Register of Historic Places or within the boundaries of a local
historic district established in accord with article XVI, which is to be restored or
reconstructed.
(2) The issuance of the variance would not result in increased flood heights, additional
threats to public safety or extraordinary public expense.
(3) The issuance of the variance would not result in the following:
a. The danger that materials may be swept onto other lands to the injury of others.
b. The danger to life and property due to flooding or erosion damage.
c. The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner.
(4) The variance allowed is the minimum necessary to afford relief.
,,Ord. No. 91.53, 10-16.91)
iSupp. No. 13, 2.92 218.134

r
§ 26-17.10.2 ZONING § 26-18.1
Sec. 26-17.10.2. Notice by planning director.
Any applicant to whom a variance is granted shall be notified by the planning director by
certified mail that:
(1) The proposed structure would be located in a flood hazard area.
(2) The structure will be permitted to be built with a lowest floor below the regulatory
flood elevation.
0 The cost of flood insurance will be commensurate with the increased risk resulting
from the reduced first floor elevation.
(4) The variance allowed is the minimum, necessary to afford relief
In addition, the planning director shall, within thirty (30) days of the board of adjustment's
approval of a variance, record the board's action in the office of the county register of deeds.
(Ord. No. 91.53, 10-16-91)
17
SPI D
e-18.1. eo.
hS6(the inre/tions to pe t creation of /Vecial public /terest (SPI)
(1) reneral areas oZing
'ally designat as having spe�al and substan al public i t est
protection of a or gropos character, or princip/envirro=e
of, from or t ough
/the areas;
(2) Surroundin individual b gs or groun where thereal and bstantial
public int est in protec ' such buildin and their vise , or
(3) In othecases where s cial and subst tial public intt�i est requires Zchficatia f
othe a applicable oning regulati s, or repeal � replaceme4 such re a-
tio ,for the acco lishment of special publi purposes forwhich the ecial
p lie interest di 'ct is establis d.
It is her intended at such distri s and the re ations ado ed for them all be in
ace d with and pro to the purpose et out in the a pted land velopment and other
a cially adopted p s of the city ' accordance the with, and s all encour a land use and
development in s stantial accor with the physic design set out there
(Ord. No. 91.53, 10-16-91)
Supp. No. 21, 5-01
218.135

3 -a_-� _ RS
The following
Specifications
behalf of the
Newton.
STORM DRAIN POLICY
policy specifies the regulations, procedures, and
regarding items listed below; and the obligations on
City of Newton and the citizens of the City of
Items and areas of concern that are repeated in this policy are
done so to cover the specific items mentioned.
All items listed below shall be carried out as stated, either.
individually or as a whole, depending on the circumstances
surrounding the area in question.
Article _1: Storm_Draina_cL
Defined as water runoff as a result of an act of God, consisting of
any accumulation of water tha-c may cause flooding of a city roadway
and or City of Newton right of way.
(a) This policy is as follows for the City of Newton and the.
citizens of the City of Newton in the matter of storm drainage
' and other articles of this policy.
(b) The City of Newton shall provide a drainage -system that will
carry a flow of water from the roadway, preventing any build
up of storm water on the roadway, causing a danger to traffic
flow and or damage to•the roadway.
(c) The flow of storm water shall be allowed to take a natural
path as to the terrain of the land. At such time that the
storm water flow reaches a _, low point along the roadway, it
shall be directed away from the roadway.
(d) At which time the storm water flow is directed away from the
' road right of way, it shall then become the responsibility of
the land owner to disperse of the water at the land owner's
expense.
Article 2: Ditchlines
Defined as an indention or trough parallel with road right of way
or turning away from the roadway. Primarily used to carry storm
water off and away from the roadway.
(a) The City of Newton will maintain all ditches running parallel
with City roadways. These roadways must be in possession of
the City of Newton for this to apply.
(b) Maintenance shall include keeping ditchline clear of any
obstructions that may give reason for overflow or flooding.
Ditchlines will be kept as straight as possible with the
roadway and graded down to the point that any drain tile can
and will receive a full flow of water if necessary.
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(c) Drain ditches that turn away from the roadway and or original
ditchline parallel with the roadway,, shall be the
responsibility of the property owner. The property owner's
responsibility is to keep drain ditch clean of any debris that
will obstruct the flow of storm water and that may cause storm
water to back up in the roadway resulting in flooding.
(d) By the owner's choice; the land owner may give the City
permission to keep the ditchline clean. permission shall
include a signed agreement giving the City right of way
easement of at least fifteen (15) feet on each side of
ditchline to get equipment on the property to do necessary
clean up. If the ditchline in certain cases represents the
property line between two land owners, an easement agreement
will be necessary from each property owner. If an agreement
from both property owners cannot be reached, the agreeing.
party will have to allow extra footage for easement. This
decision will be at the discretion of the attending supervisor
and based upon accessibility of ditchline.
Article 3: Drain Tile
Defined as a cylinder pipe used to carry storm water in a direction
that
is needed to get water off and away from the roadway..
(a)
In any case drain tile shall be as -stated in the City of
Newton land development specifications, a minimum of
reinforced concrete the and or corrugated metal pipe (14
gauge). At no time can plastic piping be used.
(b)
If drain tile is needed'or requested by a property owner for
a drainage ditch, driveway or driveway extension, the City may
reply only to the following guidelines.
If the ditch, driveway or driveway extensions is parallel with
roadway or connects with the roadway directly, the City will
install such pipe as needed providing the property owner
provides the pipe, accepting all cost for the pipe. The City
will in no way provide monies for pipe requested by the
property owner. The City of Newton will then provide the
equipment and labor :required to complete the assigned jab.
This also consists of dirt and or gravel that it takes to
backf ill around pipe and headwalls that. may be required.
Grass seed will be sewn in cases that apply. In any case the
City will'not provide materials that were not directly removed
by the City. This includes any extra asphalt, concrete, and
gravel. This must be done solely by the property owner. In'
such cases as mentioned, the City will limit the size of pipe
accordingly.
(c)
In cases where a drain ditch runs directly away from the
roadway and onto or through a property owner's land, it will
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be the property owner's total responsibility to install drain
tile and to maintain at the owner's expense. If this is done
and a connection is made to a ditchline and or pipeline on the
city's right of way, it must be done in accordance to the land
development specifications of the City of Newton and the
guidelines of this policy.
' (d) If at any time a property owner constructs a pipeline in a
ditch that turns away from the road as discussed above, and
the land owner has signed a right of way agreement for the
City to keep clean; then the agreement made will be null and
void and responsibility of pipeline will lie directly upon the
property owner relieving the City of any further obligation.
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Article 4_: Vegetation
Defined' as any growth that may have been placed along or near a
drain system, whether it be an open ditchline or pipeline.
Vegetation may consist of, but not limited to items such as trees
of any description, shrubs, vines, flowers and or any landscape
material.
(a) No vegetation of any kind shall be allowed to be planted or
grown within six (6) feet of the property owner's side of a
ditchline running parallel with the roadway. This also
includes landscape material of any kind. The City cannot' be
responsible for such material as mentioned if cleaning the
ditchline is found to be necessary. The property owner will
be given notice- that removal is needed. If removal of
vegetation is not done by the property owner, the City will
remove and place on property for the owner to dispose of at
the owner's discretion. This will be done if it obstructs the
cleaning of right of ways and or regular maintenance.
(b) In regards to ditchlines that turn away from the road right of
way, it shall be at the owner's discretion as to what is
planted at or near the ditchline, with exceptions only as
follows.
If the owners have not and will not release an easement right
of way to the City to keep the ditchline clean, then the owner
may plant vegetation as the owner sees fit. But at no time
shall this planted vegetation conflict with the flow of water
directly in the ditchline.
If the owner of the property has signed an easement right of
way for the City to keep the ditchline clean, it will be the
owner's responsibility to clear all vegetation within the
right of way agreement so ditch can be cleaned. The City will
not be liable for any ditchline until these terms are met in
this policy. In such cases where larger vegetation such as
large trees have rooted in and prevents erosion, these may be
3

i
left at the discretion of the owner and the City of Newton.
If the ditchline represents the property, line between two
owners, the articles of this policy will need to be met by
both owners. If both owners do not agree, the agreeing party
may allow extra right of way as deemed necessary by the City
of Newton.
(c) In ditchlines that have been piped, either by the property
owner or by .the City of Newton, they shall not have -any
vegetation of any kind growing and or planted within the right
of way easement. Any growth with a root system that is wide
spread shall be removed completely from ditchline- or pipeline,
preventing the root system from pushing the pipe during
.growth, or the root system breaking into the joints of the
pipeline. if the owner of the property chooses not to comply
with this policy, the owner will accept all responsibility of
any maintenance or up keep needed.
' Article 5: Tie-ins
Described as any pipe of any kind tying -into a drain tile or line
that is primarily used to carry storm drain water.
(a) The City of Newton will not allow a property owner to tie a
drain of any kind into a storm drain. Drains such as
foundation drains, gutter drains, basement drains, or any.
other drain that may carry water from the property owner's
home, out buildings, or landscape must be cut loose and
removed so that it empties away from any drain tile or catch
basin.
' (b) The City cannot and will not accept responsibility for such a
tied in storm drain if the drains should back up and cause
damage in any way.
(c) If a property owner chooses to pipe a ditchline and wishes to
connect to a city drain, it must be done in a manner that is
in accordance with this policy.
All articles of this policy are not limited and may vary under
different circumstances, but will be used as a guideline and a
basis of operation.
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