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Home My WebLink AboutNCS000421_APPLICATION_20170217STORMWATER DIVISION CODING SHEET M54 PERMITS PERMIT NO. DOC TYPE 0 FINAL PERMIT ❑ ANNUAL REPORT ICATION ❑ COMPLIANCE ❑ OTHER DOC DATE �� [Ic"-' `/I YYYYMMDD Public Services Department Stormwater Services Division February 14, 2017 I /;' S o � Mr. Mike Randall Stormwater Permitting Program NC Division of Energy, Mineral and Land Resources (DEMLR) Land Quality Section - Stormwater Permitting 1612 Mail Service Center Raleigh, NC 27699-1612 RE: City of High Point NPDES Permit Renewal Application Form Dear Mr. Randall: Enclosed please find the NPDES Permit Renewal Application Form and Stormwater Management Program Report for the City of High Point. If you have any questions or concerns, please do not hesitate to contact me. Respectfully, 0 Tyler R. Berrier, P.E. Public Services Manager Enclosures FEB 17 2017 City of High Point, P.O. Box 230, 211 South Hamilton Street, High Point, NC 27261 USA Fax:336.883.8561 Phone:336.883.3455 TDD:336.883.8517 NPDES STORMWATER_PERMIT RENEWAL APPLICATION FORM This application form is for use by Local Governments 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 one copy of a Narrative of the Stormwater Management Program. The required Narrative of the Stormwater Management Program is described in Section VII of this form. I. NAME OF LOCAL GOVERNMENT, PERMIT NUMBER, AND EXPIRATION DATE Name of Local Government City of High Point Permit Number NCS000421 Expiration Date November 10, 2016 II. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to co -permit with another regulated public ❑ Yes® No entity? b. If yes, name of regulated public enti c. If yes, have legal agreements been finalized ❑ Yes ❑ No between the co- ermittees? III. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR R PERMIT OBLIGATIONS (If more than one, attach additional sheets) a. Do you intend that another 017 entity perform one or more ❑ Yes ® No of your permit obligations? b. If yes, identify each entity and the element they will be implementing • Name of Entity • Element they will im lement • Contact Person • Contact Address • Contact Telephone Number c. Are legal agreements in place to establish ❑ Yes ❑ No responsibilities? Page 1 SWU-264 June 17, 2015 NPDES RPE Stormwater Permit Application IV. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person, their title/position. Documentation of board action 40 delegating permit authority to this person/position must be provided. a. Name of person to which permit authori has been delegated N/A b. Title/position of person above V. SIGNING OFFICIAL'S STATEMENT 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 IV 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. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. A -1 i Signature 1 Name GregoryDe ko Title City Manager Street Address 211 S. Hamilton Street PO Box P.O. Box 230 City High Point State NC Zip 27261 Telephone 336-883-3289 E-Mail greg.demko@highpointnc.gov VI. LOCAL GOVERNMENT 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 Tyler Berrier b. Title Interim Public Services Manager c. Street Address 816 E. Green Drive d. PO Box P.Q. Box 230 e. City High Point f. State NC g. Zip 27261 h. Telephone Number 336-883-3455 j. E-Mail Address tyler.berrier@highpointnc.gov 0 E Page 2 SWU-264 June 17, 2015 NPDES STORMWATER PERMIT RENEWAL APPLICATION FORM 0 • This application form is for use by Local Governments 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 one copy of a Narrative of the Stormwater Management Program. The required Narrative of the Stormwater Management Program is described in Section VII of this form. I. NAME OF LOCAL GOVERNMENT, PERMIT NUMBER, AND EXPIRATION DATE Name of Local Government City of High Point Permit Number NCS000421 Expiration Date November 10, 2016 II. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to co -permit with another regulated public ❑ Yes ® No entity'? b. If yes, name of regulated public entity c. If yes, have legal agreements been finalized ❑ Yes ❑ No between the co- ermittees? III. 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 I-L.8 17 2017 entity perform one or more ❑ Yes ® No of your permit obligations? b. If yes, identify each entity and the element they will be implementing • Name of Entity • Element they will 'implement • Contact Person • Contact Address • Contact Telephone Number c. Are legal agreements in place to establish ❑ Yes ❑ No responsibilities? SWU-264 June 17, 2015 Page 1 Rr--CE ED FEB 171017 STORMWATER MANAGEMENT PROGRAM REPORT City of High Point Table of Contents Stormwater Management Program Report 1. STORM SEWER SYSTEM INFORMATION................................................................................3 1.1 Population Served....................................................................................................................3 1.2 Growth Rate............................................................................................................................. 3 1.3 Jurisdictional and MS4 Service Areas......................................................................................3 1.4 MS4 Conveyance System.........................................................................................................3 1.5 Land Use Composition Estimates.............................................................................................4 1.6 TMDL Identification..................................................................................................................4 2. RECEIVING STREAMS...........................................................................................................4 3. EXISTING WATER QUALITY PROGRAMS................................................................................4 3.1 Local Programs.........................................................................................................................4 3.2 State Programs.........................................................................................................................4 4. PERMITTING INFORMATION................................................................................................ 5 4.1 Responsible Party Contact List.................................................................................................5 4.2 Organizational Chart................................................................................................................5 4.3 Signing Official..........................................................................................................................5 4.4 Duly Authorized Representative.............................................................................................. 5 L��I��;1�t11•il�t{►L�l lil��li►�ils�l�[�3► � 6. RELIANCE ON OTHER GOVERNMENT ENTITY........................................................................5 7. STORMWAT£R MANAGEMENT PROGRAM PLAN..................................................................6 7.1 Public Education and Outreach on Stormwater Impacts.........................................................6 7.1.1 BMP Summary Table.............................................................. 7.1.2 Target Audience...........................................................................................................7 7.1.3 Target Pollutant Sources..............................................................................................7 7.1.4 Outreach Program........................................................................................................7 7.1.5 Evaluation.....................................................................................................................8 7.2 Public Involvement and Participation...................................................................................... 8 7.2.1 BMPSummaryTable....................................................................................................8 7.2.2 Target Audience...........................................................................................................8 7.2.3 Participation Program..................................................................................................8 7.2.4 Evaluation.....................................................................................................................9 7.3 Illicit Discharge Detection and Elimination............................................................................-9 7.3.1 BMPSummaryTable.................................................. .............................. ....................9 7.3.2 Storm Sewer System Map..........................................................................................1C 7.3.3 Regulatory Mechanism..............................................................................................1C Page 1 City of High Point Stormwater Management Program Report 7.3.4 Enforcement...............................................................................................................10 7.3.5 Detection and Elimination.........................................................................................10 7.3.6 Non Stormwater Discharges......................................................................................11 7.3.7 Outreach....................................................................................................................12 7.3.8 Staff Training..............................................................................................................12 7.3.9 Evaluation...................................................................................................................12 7.4 Post -Construction Storm Water Management in New Development and Redevelopment 12 7.4.1 BMP Summary Table ..................................................................................................12 7.4.2 Regulatory Mechanism..............................................................................................13 7.4.3 Structural BMPs.......................................................... ........14 ....................................... 7.4.4 Operation and Maintenance...................................................................................... 15 7.4.5 Evaluation.................................................................... ...........18 .................................... 7.5 Pollution Prevention/Good Housekeeping for Municipal Operations ............................... 18 7.5.1 BMP Summary Table ..................................................................................................18 7.5.2 Affected Operations................................................................................................... 20 7.5.3 Training.......................................................................................................................20 7.5.4 Maintenance and Inspections....................................................................................21 7.5.5 Vehicular Operations..................................................................................................21 7.5.6 Waste Disposal...........................................................................................................21 7.5.7 Evaluation...................................................................................................................21 Page 2 City of High Point Stormwater Management Program Report private property. Due to the limited number of personnel and equipment, the bulk of the stormwater maintenance activities performed are complaint driven. Large scale stormwater repairs are completed as capital improvement projects. 1.5 Land Use Composition Estimates Estimated percentage of jurisdictional area containing the following four land use activities: Residential: 40.26 % Commercial: 9.77% Industrial: 19.46 % Open Space: 15.84 % 1.6 TMDL Identification TMDL Identification: Basin Waterbody Pollutant Approved Cape Fear E. Fork Deep River Fecal Coliform March 4, 2004 Cape Fear Richland Creek Yadkin Rich Fork Creek 2. RECEIVING STREAMS Fecal Coliform Fecal Coliform May 17, 2004 April 28, 2004 See Appendix C for a complete table of receiving streams located within the City of High Point. 3. EXISTING WATER QUALITY PROGRAMS 3.1 Local Programs A Water Supply Watershed Protection Program was implemented in 1993 to protect the six watersheds located in the City of High Point. The watersheds that are protected include: Oak Hollow Lake, City Lake, Oakdale Reservoir, Uwharrie (Lake Reece), Lake Thom-A-Lex, and Randleman Lake. The watershed protection requirements are outlined in Chapter 6 (Environmental Standards) of the City of High Point Development Ordinance. Raw water intake monitoring is performed 24 hours a day at both City Lake and Oak Hollow Lake through an agreement with North Carolina State University's Center for Applied Aquatic Ecology. Data for both lakes can be accessed at https://caae.cals.ncsu.edu/. 3.2 State Programs N/A Page 4 City of High Point Stormwater Management Program Report 4. PERMITTING INFORMATION 4.1 Responsible Party Contact List See Appendix D for responsible party contact list. 4.2 Organizational Chart Keith Pugh Director' cf Engineering Services Depart[nent Public Services/Material Recylcing Facility Melanie Bruton MRFSuperintendent. NPDES Phase II Compliance William Bencini I Mayor City Council Gregory Demko City Manager Terry l louk Director of Public Services Department Robby Stone Assistant. Director of Public Services Department Storinwater Management Division Tyler Berrier Interim Public Services Manager Street Maintenance Division Ken Sult Street Maintenance Superintendent Bob Marlin Director of Customer Service Department Environmental Services Division Chip Vanderzee Environmental Services Superintendent 4.3 Signing Official Gregory Demko, City Manager. Mr. Demko is the City Manager for the City of High Point and will be the signing official for the NPDES stormwater permit application. 4.4 Duly Authorized Representative N/A 5. CO -PERMITTING INFORMATION N/A 6. RELIANCE ON OTHER GOVERNMENT ENTITY N/A Page 5 of High Point Stormwater Management Program Report 7. STORMWATER MANAGEMENT PROGRAM PLAN 7.1 Public Education and Outreach on Stormwater Impacts 7.1.1 BMP Summary Table BMP's and Measurable Goals for Public Education and Outreach YR YR YV YR YR Responsible BMP Measurable Goals 1 2 3 4 5 Position/Party 1 Public Education Implement a public education X X X X X Public Services and Outreach and outreach program. Manager Program Outreach for significant minority and disadvantaged communities will be High Point incorporated into the Beautification program. Coordinator 2 Informational The Stormwater Services X X X X X Public Services Web Site Division will maintain an Manager internet web site. Stormwater related information on water quality issues, capital improvement projects, and contact information for stormwater management program staff will be available to the public. 3 Public education Develop general stormwater X X X X X Public Services materials for educational material to Manager schools, home- appropriate target groups as owners, and/or likely to have a significant High Point businesses stormwater impact. Beautification Coordinator 4 Public education Distribute written educational X X X X X Public Services material material to a broad public Manager dissemination audience. Methods of distribution to be considered High Point will be utility inserts and at Beautification special events. Coordinator Page 6 City of High Point Stormwater Management Program Report 7.1.2 Target Audience The intent of High Point's stormwater education plan is to implement BMPs that will reach a broad audience. The targeted audience will vary by BMP, but the overall target audience for the education program will include: school children, households, business and industry, gardeners, and the Hispanic community. (As a member of the Piedmont Triad Water Quality Partnership, educational efforts are in place to educate the Hispanic community about the stormwater program.) Households will be targeted to educate homeowners on stormwater pollution and the impact that residential "practices" can have on stormwater runoff. Commercial and Industrial properties will be targeted to educate businesses on stormwater pollution and how certain commercial/ industrial "practices" can impact stormwater runoff. 7.1.3 Target Pollutant Sources Trash: Litter and trash pose a problem for City beautification and a floatables problem for the drainage system. It is much easier to prevent litter than it is to clean it up. The City of High Point promotes litter cleanup programs which are organized by Keep High Point Beautiful, and these events are held twice a year. Sediment: Due to rapid growth and development in certain areas of High Point, there is a problem with sediment transport. Educating the public will make them notice and report the greater than one acre sites that are in violation of the Sediment and Erosion Control. Fecal Coliform: Many streams in High Point have elevated fecal coliform levels. Citizens will be educated on the importance of cleaning up and disposing of pet waste. Disposal of Household Chemicals and Used Oil: Citizens will be educated on the proper disposal of household chemicals and used motor oil. Application of Lawn Care Products: Public education efforts will continue to address the application of nutrients and the effects on receiving streams and water bodies. 7.1.4 Outreach Program The City of High Point will continue to develop and implement a comprehensive public education plan. The education plan will include a wide variety of BMPs that will focus on educating the public on the importance of clean water and how humans can negatively impact water quality. The stormwater BMPs that will be utilized in this education plan may include: an in -school education program, brochures/pamphlets, a website, newspaper/TV campaigns, drain markers, and watershed signs. The time frame for implementation, targeted audiences, and the measurable goals for each BMP will be included in the education plan. The implementation progress will be documented in each annual report. Page 7 City of High Point Stormwater Management Program Report 7.1.5 Evaluation The program element will be reviewed annually with an emphasis on the number of people reached versus the amount of materials produced, amount of trash removed, or other relevant values as indicated in the comprehensive public education plan. 7.2 Public Involvement and Participation 7.2.1 BMP Summary Table BMP's and Measurable Goals for Public Involvement and Participation YR YR YR YR YR Responsible BMP Measurable Goals 1 2 3 4 5 Position/Party 1 Administer a Public Develop and implement a X X X X X Public Services Involvement Public Involvement and Manager Program Participation Program, 2 Allow the public an Conduct at least one public X X X X X Public Services opportunity to meeting to allow the public an Manager review and opportunity to review and comment on the comment on the Stormwater Stormwater Plan Plan. 3 Organize a Organize and implement a X X X X X Public Services volunteer volunteer stormwater related Manager community program designed to promote involvement ongoing citizen participation. High Point program Beautification Coordinator 4 Establish a Citizens The Stormwater Services X X X X X Public Services Advisory Panel Division has utilized citizen Manager advisory committees for the certain stormwater related programs/issues, and will continue to use citizen advisory committees as needed. 7.2.2 Target Audience The target audience will be the citizens of High Point. 7.2.3 Participation Program Participation will be through the form of a public hearing. Stormwater related volunteer programs will also be implemented for public participation. Page 8 City of High Point Stormwater Management Program Report 7.2.4 Evaluation The minimum measure will be evaluated based on public / City Council input. The permit application will be reviewed, revised as needed and sent to the North Carolina Department of Environment and Natural Resources for permit issuance. Volunteer programs will be evaluated based on public participation and overall effectiveness of the program. 7.3 Illicit Discharge Detection and Elimination 7.3.1 BMP Summary Table BMP's and Measurable Goals for Illicit Discharge and Elimination YR YR YR YR YR Responsible, BMP Measurable Goals 1 2 3 4 5 Position/Party 1 Develop/Implement Develop and implement an Illicit X X X X X Public an Illicit Discharge Discharge and Elimination Program. Services Detection and Include provisions for program Manager Elimination assessment and evaluation. Program 2 Establish and Establish and maintain adequate legal X X X X X Public maintain authorities to prohibit illicit discharges Services appropriate legal and enforce the approved Illicit Manager authorities Discharge Detection and Elimination Program. 3 Develop a Storm Identify outfall locations and map X X X X X Public Sewer System Base stormwater drainage system Services Map components. Mapping components will Manager include outfalls, drainage areas, and receiving streams. 4 Implement illicit Implement an inspection program to X X X X X Public discharge detection detect dry weather flows at system Services procedures outfalls. Establish procedures for Manager tracing the sources of illicit discharges and for removing 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. Page 9 City of High Point Stormwater Management Program Report 5 Conduct employee cross -training Conduct training for municipal staff on detecting and reporting illicit discharges. X X X X X Public Services Manager 6 Provide public Inform public employees, businesses, X X X X X Public education and the general public of hazards Services associated with illegal discharges and Manager improper disposal of waste. High Point Beautification Coordinator 7 Establish a public Establish and publicize a reporting X X X X X Public reporting mechanism for the public to report Services mechanism illicit discharges. Manager 7.3.2 Storm Sewer System Map Public Services staff will continue to locate outfall locations in the field and record locations using a global positioning system (GPS). Staff will also use USGS (7.5 min quads), High Point topographic maps, as-builts and other necessary information to help locate outfall locations. The map of outfall locations will be in digital format and will be maintained by the City. The map will be incorporated into the City of High Point GIS database. A hard copy of the map will be kept in the Stormwater Division offices for the public to review. 7.3.3 Regulatory Mechanism The City of High Point Illicit Discharge and Connection Ordinance will be utilized to prohibit illicit discharges into the MS4. 7.3.4 Enforcement The enforcement of illicit discharges will be carried out through Chapter 3, the Public Nuisance section of the City of High Point Code of Ordinances. 7.3.5 Detection and Elimination The City of High Point Customer Service Line (883-3111) will be available for citizens to notify the City of illicit discharges and connections. Other strategies for finding illicit connections that will be considered include: • stream walking while inventorying the outfalls; • dry weather monitoring of outfalls; • educating relevant City employees on identifying illicit connections; and • any other useful strategy that could be effective in detecting illicit connections. Page 10 City of High Point 5tormwater Management Program Report The City of High Point Fire Department HAZMAT will conduct spill response in the community. The Guilford County Environmental Health Division assists with the cleaning up of spills. City employees that work at applicable facilities will be educated on spill prevention and proper procedures to follow if a spill occurs. If an illicit connection or discharge is detected, all appropriate actions will be taken to eliminate the discharge on non-stormwater into the MS4. 7.3.6 Non Stormwater Discharges Illicit or Allowable 1. Water line flushing: Allowable 2. Landscape irrigation: Allowable 3. Diverted stream flows: Allowable 4. Rising ground waters: Allowable 5. Uncontaminated ground water infiltration (as defined by 40 CFR §35.2005(20)) Allowable 6. Contaminated pumped ground water: Allowable 7, Discharges from potable water sources: Allowable 8. Foundation drains: Allowable 9. Air conditioning condensation: Allowable 10. Irrigation water: Allowable 11. Springs: Allowable 12. Water from crawl space pumps: Allowable 13. Footing drains: Allowable 14. Lawn watering: Allowable 15. individual residential car washing: Allowable 16. Flows from riparian habitats and wetlands: Allowable 17. Dechlorinated swimming pool discharges: Allowable 18. Street wash water: Allowable Page 11 City of High Point Stormwater Management Program Report 7.3.7 Outreach In developing the stormwater education plan, the most effective strategies for educating the public on illegal discharges and improper disposal of waste will be evaluated. Those strategies determined to be most effective for educating the public on illicit discharges will be incorporated into the comprehensive stormwater education plan. 7.3.8 Staff Training The stormwater Division is currently training the various City divisions and departments by showing two videos, Storm Watch and Rain Check and utilizing the training manuals and quizzes for assessment. The training includes good housekeeping measures and also the procedure for detecting and reporting illicit discharges. 7.3.9 Evaluation The goal will be to address all illicit discharges and connections as detected. Depending upon staffing, the City of High Point will attempt to remove a minimum of 50% to 75% of detected illicit discharges in a permit year. The illicit discharge and detection program will be evaluated based on removal rates and type/nature of discharges detected. 7.4 Post -Construction Storm Water Management in New Development and Redevelopment 7.4.1 BMP Summary Table BMP's and Measurable Goals for Post -Construction Stormwater Management BMP Measurable Goals YR 1 YR 2 YR 3 YR 4 YR 5 Responsible Position/Party 1 Continue to Evaluate effectiveness of X X X X X Public Services implement and Development Ordinance based on Manager enforce post- amendment process. Stormwater construction management related amendments stormwater will be documented and reported management annually. standards and policies addressed in City of High Point Develop- ment Ordinance Page 12 City of High Point Stormwater Management Program Report 2 Establish Develop and implement strategies X X X X X Public Services strategies which and include a combination of Manager include BMPs structural and/or non-structural appropriate for BMPs. Provide a mechanism to the MS4 require long-term operation and maintenance of structural BMPs. Require annual inspection reports of permitted structural BMPs performed by a qualified professional. 3 Establish a Control the sources of fecal coliform X X X X X Public Services program to to the maximum extent practicable. Manager control the Develop and implement to ensure sources of fecal proper operation and maintenance of coliform to the on -site wastewater treatment systems maximum for domestic wastewater. extent Municipalities must coordinate this practicable program with county health department. 7.4.2 Regulatory Mechanism See Appendix E — Chapter 6 of City of High Point Development Ordinance. The Watershed Protection section of the City of High Point Development Ordinance applies to all property within the City of High Point and its extraterritorial jurisdiction, including both water supply watersheds and non -water supply watersheds. National Pollutant Discharge Elimination System (NPDES) Phase II stormwater regulations apply jurisdiction -wide and are overlaid by districts that regulate development in water supply watersheds, including the separate General Watershed Areas (GWA) and Watershed Critical Areas (WCA) of Oak Hollow Lake, City Lake, Oakdale Reservoir, Randleman Lake and the Uwharrie (Lake Reese) watersheds. Activities covered include land disturbance, paving, gravel placement, and construction of buildings and other structures, except for the exemptions listed in Section 6.2.3. The following mechanisms are addressed in Chapter 6 of the City of High Point Development Ordinance in regards to post construction runoff from new developments and redevelopments: Protection of Fragile Areas (Sec. 6.2.6) o Land Disturbance Minimization o Floodplain Protection o Stream Buffers o Slope and Buffer Protection Page 13 City of High Point Stormwater Management Program Report • Low Impact Design (Sec. 6.2.7) • General Standards and Restrictions (Sec. 6.2.8) o Density and Intensity Requirements o Minimum Stormwater Control Requirements o Structural BMP Design, Construction, and 0&M Requirements o Watershed Development Plan Submittal Requirements and Plan Review • Tree Preservation (see Appendix F) • Enforcement (see Appendix G - Ch. 9 of the CHP Development Ordinance) 7.4.3 Structural BMPs See Appendix E — Chapter 6 of City of High Point Development Ordinance. Engineered Stormwater Controls: In accordance with Sections 6.2.8.A.1 and 6.2.8.A.2 (as shown in Chapter 6 of the Development Ordinance), a wet detention pond or other BMP meeting the performance standards of control of the first one inch of rainfall from the 10-year storm and removal of 85% total suspended solids shall be used to control stormwater runoff in compliance with the NCDEQ Stormwater BMP Design Manual. In lieu of an on -site engineered stormwater control, developments may participate in a regional stormwater control program in compliance with the requirements of Sec. 6.2.8.0 of the Development Ordinance. Alternate Measures: As required by Sections 6.2.8.A.1 and 6.2.8.A.2 in the Development Ordinance, the following stormwater management facilities are considered alternate measures that may be allowed provided that they meet the standards of the NCDEQ Stormwater BMP Design Manual: a. Extended dry pond b. Infiltration Trench c. Natural Infiltration Area d. Participation in a public or private regional runoff control program, in compliance with Sec. 6.2.8.0 of the Development Ordinance. e. Low Impact Design Any other BMP approved by the Watershed Review Committee that meets the performance standards of control of the first one-half inch of rainfall from the ten-year storm. Vegetated Conveyances for Low Density Design- Stormwater runoff shall be transported from the development by vegetated conveyances to the maximum extent practical as determined by the Technical Review Committee. Page 14 City of High Point Stormwater Management Program Report 7.4.4 Operation and Maintenance See Appendix E — City of High Point Development Ordinance, Section 6.2.8.D.5. Operation and Maintenance Agreement: a. Maintenance responsibility for stormwater management facilities and their access shall be vested with a responsible party by means of a legally binding and enforceable operation and maintenance agreement that is executed as a condition of plan approval, as provided for in Section 6.2.8.D.3, Recordation of Improvements. The agreement must be approved by the Planning and Development Director and shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the stormwater management facilities. In the case of participation in a regional runoff control program in accordance with Section 6.2.8, General Standards and Restrictions, a binding contract or agreement shall be required for participation. d. The operation and maintenance agreement shall be referenced on the final plat and shall be recorded with the appropriate county Register of Deeds upon final plat approval. e. If no subdivision plat is recorded for the site, then the operation and maintenance agreement shall be recorded with the appropriate county Register of Deeds so as to appear in the chain of title of all subsequent purchasers under generally accepted searching principles. f. The operation and maintenance agreement shall require the owner or owners' association to maintain, repair and, if necessary, reconstruct the stormwater management facilities, and shall state the terms, conditions, and schedule of maintenance for such. g. The owner of each stormwater management facility installed pursuant to this Ordinance shall maintain and operate it so as to preserve and continue its function in controlling water quality and quantity in accordance with the function for which it was designed. h. The operation and maintenance agreement shall refer the property owner or owners` association to the City of High Point for specific maintenance requirements of stormwater management facilities. In addition, it shall grant to the City a right of entry in the event that the Public Services Director has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the stormwater management facilities. in no case shall the right of entry, of itself, confer an obligation on the City to assume responsibility for maintenance of the stormwater management facilities. Page 15 City of High Point Stormwater Management Program Report The Public Services Director shall have the responsibility to inspect the engineered stormwater control structures annually, as required by NC Environmental Management Commission, to record the results on forms approved or supplied by the NCDWR, to inspect any other stormwater management facilities as deemed necessary, and to notify the responsible property owner or owners' association when maintenance or repairs are required. All required repairs and maintenance shall be performed within 90 days the required maintenance or repairs within the stated period, the City may perform such maintenance or repairs and recover all costs attendant thereto from the landowner or owners' association. For all stormwater management facilities required pursuant to this Ordinance that are owned by a private property owner or an owners' association, the required operation and maintenance agreement shall include all of the following provisions: 1. Acknowledgment that the owner or owners' association shall continuously operate and maintain the stormwater management facilities. 2. Establishment of an escrow account, which can be spent solely for sediment removal, structural, biological, or vegetative replacement, major repair, or reconstruction of the stormwater management facilities. If stormwater management facilities are not performing adequately or as intended or are not properly maintained, the City, in its sole discretion, may remedy the situation, and in such instances the City shall be fully reimbursed from the escrow account. 3. Escrowed funds may be spent by the landowner or owners' association for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the stormwater management facilities. 4. Granting to the City a right of entry to inspect, monitor, maintain, repair, and reconstruct stormwater management facilities. 5. Allowing the City to recover from the landowner or owners' association and its members any and all costs the City expends to maintain or repair the stormwater management facilities or to correct any operational deficiencies. Failure to pay the City all of its expended costs, after 45 days' written notice, shall constitute a breach of the agreement. 7. In case of a deficiency, the City shall thereafter be entitled to bring an action against the owner or owners' association and its members to pay, or foreclose upon the lien hereby authorized by the agreement against the property, or both. Interest, collection costs, and attorney fees shall be added to the recovery. Page 16 City of High Point Stormwater Management Program Report A statement that this agreement shall not obligate the City to maintain or repair any stormwater management facility, and the City shall not be liable to any person for the condition or operation of stormwater management facilities. 9. A statement that this agreement shall not in any way diminish, limit, or restrict the right of the City to enforce any of its ordinances as authorized by law. 10. A provision indemnifying and holding harmless the City for any costs and injuries arising from or related to the stormwater management facilities, unless the City has agreed in writing to assume the maintenance responsibility and has accepted dedication of any and all rights necessary to carry out that maintenance. Inspection Program: a. inspections and inspection programs by the City may be conducted or established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety laws. b. Inspections may include, but are not limited to: (1) Reviewing maintenance and repair records; (2) Sampling discharges, surface water, groundwater, and material or water in stormwater management facilities; and (3) Evaluating the condition of stormwater management facilities. If the owner or occupant of any land refuses to permit such inspection, the Public Services Director shall proceed to obtain an administrative search warrant pursuant to North Carolina General Statutes Section 15-27.2, as amended. d. No person shall obstruct, hamper or interfere with the Public Services Director while carrying out their official duties. Maintenance Responsibility: a. Maintenance responsibility for an engineered stormwater control and/or its buffer shall be vested with a responsible party by means of a legally binding and enforceable maintenance agreement that is executed as a condition of plan approval, as provided for in Sec. 6.2.8.D.3. b. When engineered stormwater control structures serve more than one lot, an owners association for the purpose of maintenance shall be required (see Sec 7.3.1), or a binding Page 17 City of High Point Stormwater Management Program Report contract or agreement shall be required for participation in a regional runoff control program (see Sec. 6.2.8.D.S(c)). Maintenance of engineered Stormwater control structures shall be performed at such time as the designated sediment storage volume of the structure has been lost to sediment storage and/or a part of the installation is not functioning as originally designed. The Enforcement Officer shall have the responsibility to inspect the engineered Stormwater control structures annually, to record the results on forms approved or supplied by the North Carolina Division of Water Quality, and to notify the responsible property owner or owners association when maintenance or repairs are required. All required repairs and maintenance shall be performed within 90 days after such notice. In case of failure by the responsible party to perform the required maintenance or repairs within the stated period, the City may perform such maintenance or repairs and recover all costs attendant thereto from the property owner or owners' association. 7.4.5 Evaluation The effectiveness of post construction stormwater management will be evaluated based on the amendment process to the City of High Point Development Ordinance. All amendments to the City of High Point Development Ordinance will be reported annually. The water quality device inspection program will be evaluated based on the percentage of maintenance activities that are being performed by the owners of the inspected water quality devices. 7.5 Pollution Prevention/Good Housekeeping for Municipal Operations 7.5.1 BMP Summary Table BMP's and Measurable Goals for Pollution Prevention and Good Housekeeping for Municipal Operations BMP Measurable Goals YR 1 YR 2 YR 3 YR 4 YR 5 Responsible Position/Party 1 Develop an operation Develop an operation and X X X X X Public Services and maintenance maintenance program that Manager program has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. Page 18 City of High Point Stormwater Management Program Report 2 Inspection and Develop an inventory of all X X X X X Public Services evaluation of facilities, facilities and operations Manager operations, and the owned and operated by the MS4 system and permittee with the associated structural potential for generating BMPs polluted stormwater runoff, 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 accomplishments of corrective actions. 3 Conduct staff training Conduct staff training X X X X X Public Services specific for pollution Manager prevention and good housekeeping procedures. 4 Review of municipality Conduct annual review of X X X X X Public Services owned or operated the industrial activities with Manager regulated industrial a Phase I NPDES activities stormwater permit owned and operated by the permittee. Reviewthe following aspects: the Stormwater Pollution Prevention Plans where one is required, the timeliness of any monitoring reports required bythe Phase I permit, and the results of inspections and subsequent follow-up actions at the facilities. Page 19 City of High Point 7.5.2 Affected Operations Stormwater Management Program Report A) Municipal Operations that are impacted by the operation and maintenance program: 1. Parks and Recreation i. Golf Courses ii. Maintenance Facilities 2. Vehicle Maintenance Facilities 3. Public Works Operations 4. Wastewater Treatment Plants B) Industrial Facilities that are subject to NPDES General Stormwater Permits: Facility Permit # COC# 1. Hi Tran Public Transit Facility NCGO80000 NCGO80702 2. Fleet Maintenance Facility NCG080000 NCGO80683 3. Materials Recycling Facility NCG130000 NCG130038 4, Kersey Valley Landfill NCG120000 NCG120105 5. Eastside POTW NCG110000 NCG110019 6. Westside POTW NCG110000 NCG110018 7. Ingleside Composting Facility NCG240000 NCG240007 7.5.3 Training A stormwater pollution prevention plan (SPPP) has been developed for the City of High Point industrial municipal operations. Appropriate methods and practices for reducing pollutants, including the training of personnel, has been addressed with the SPPP. Good housekeeping practices will be implemented as necessary at non -industrial municipal facilities. The Stormwater Services Division has been performing assessments and training at both industrial municipal facilities and non -industrial municipal facilities. An Operation and Maintenance BMP Guidance Manual for Municipal Operations has also been developed for City personnel. Page 20 City of High Point Stormwater Management Program Report 7.5.4 Maintenance and Inspections The Customer Service Line (883-3111) is available for citizens to notify City personnel of maintenance problems in the drainage system. In the public right -of way, catch basin cleaning and street sweeping will continue to be performed to reduce floatables and other pollutants. City personnel will also pick up the leaves that citizens rake to the curb as part of the normal loose-leaf collection program. 7.5.5 Vehicular Operations A stormwater pollution prevention plan (SPPP) has been developed for the City of High Point industrial municipal operations. The SPPP addresses the necessary controls for reducing or eliminating the discharge of pollutants from municipal operations. Good housekeeping practices will be implemented as necessary at non -industrial municipal facilities. Parking lot sweeping and litter pick-up are performed as needed at the City facilities. Salt is stored in a dome building. 7.5.6 Waste Disposal City personnel will continue to follow the standard operating procedure of disposing all waste removed from the MS4 or other municipal operations in a licensed landfill. City personnel and citizens may dispose of materials classified as household hazardous waste at Eco-Flo located at 2750 Patterson Avenue, Greensboro, NC, or the collection event hosted by the City and County every other year in High Point. The next scheduled event is June 2017. 7.5.7 Evaluation Pollution prevention and good housekeeping is necessary at High Point municipal facilities. A facility - by -facility assessment will continue to be performed and best management practices will be implemented based on the findings from the facility inspections. A municipal facility may be inspected annually or more often as necessary based on the findings of the assessments. The goal will be to eliminate all improper housekeeping practices per year at each facility, as appropriate. Evaluation will be made based on the willingness of City facilities to comply and continue to implement the required good housekeeping measures. Page 21 Planning & Development NC]KrII CAItOUNA'5INTERNKIIONAL(;I7Y 2016 POPULATION ESTIMATE FOR THE CITY OF HIGH POINT April 11, 2016 The Planning and Development Department's population estimate for the City of High Point as of April I, 2016 was developed using the six methodologies listed below and described on the following pages. "These six methods produce population figures ranging from a high ol' 117.359 to a low of 1 10322. The population figures derived from the methods employed in the 2016 estimate are listed below: • Method 1 ----- 111,182 • Method 2 ----- 110,322 • Method 3 ----- 111,277 • Method 4 ----- 110,432 • Method 5 ----- 111,231 • Method 6 ----- 117,359 2016 POPULATION ESTIMATE— 111,967 The above estimate of 111,967 represents the average of the six methods used in this report. It suggests that 1-1igh Point has been growing at an average annual rate of 1.2% since the 2010 Census was taken on April 1, 2010, at which time the City's population was reported to be 104,371. This year's estimate is ari increase of approximately 1.2% over last year's estimate of 110,638. Administration Planning Services Development Services nspection Services 336.883.3328 336.883.3328 336.883.3328 336,883.3151 City of High Point, P.O. 230, 211 South Hamilton Street, High Point, NC 27261 USA Fax: 336.883.3056 _ www.highp_ointr)c.gov/plan Permit Fax: 336,883.8518 TDD 336.883.8517 Method 1 - New Residences: This method relies on residential building permits and demolition permits issued by the Inspection Services Division of the Planning and Development Department fi-om April 1, 2010 through March 31, 2016 to provide the net number of new housing units (residences) and new group quarters facilities approved for construction within the city. The net number of single family housing units was reduced by the 3.1% homeowner vacancy rate reported in the 2010-14 American Community Survey (ACS) 5-year Estimate, and the net number of multi -family housing units was reduced by the 6.8% rental vacancy rate from the 2010-14 ACS 5-year Estimate. Both of these adjusted frgures were then added to the existing occupied housing units in High Point as of April 1, 2010. This estimated number of' housing units was then multiplied by the city's average household size of 2.53 persons per household, also from the 2010-14 ACS 5-year Estimate, to calculate the estimated population living in occupied housing units. This number was then added to the estimated population living in group quarters to calculate the total estimated population. Detailed residential building permit data and related population calculations for Method 1 are shown below. Total Total Occupied Group Housing (quarters Units Population 2010 Census 40,912 3,577 New Net New Net Single Single Single Multi- tilulti- 19ulti- Total Census Year Family Family Family Family Family Family 'Total Group (April 1st through Units Units Housing Units Units Housing Housing Quarters i,larch 31st) Approved Demolished Units Approved Demolished Units Units population 2010-11 134 -109 25 88 0 88 113 84 2011-12 190 -90 100 54 0 54 154 300 2012-13 182 -70 112 0 0 0 112 0 2013-14 320 -105 215 48 0 48 263 0 2014-15 250 -78 172 298 -24 274 446 0 2015-16 326 -63 263 78 1 -36 1 42 305 344 Totals 2010 through 2016 11 1,402 L -515 1 887A 566 1 -60 1 506 1,393 1 728 Grand Total 2M 10 Census + 2010 through 2016) 42,305 4,305 Total Flouring Units Estimate = 40,912 (2010 Census total occupied housing units) + 860 [887 (Net single family housing units 2010-16) — 3.1 % (2010-14 ACS 5-yr. Homeowner vacancy rate)] + 472 1506 (Net multi -family housint; units 2010-16) — 6.9% (2010-14 ACS 5-yr. Rental vacancy rate)[ = 42,244 x 2.53 2010-14 ACS 5-yr. average household sire = 106,877 + 4.305 'Total Group Quarters Population) = I11,182 Population Estimate (Method 1) — 111,182 2 Method 2 - Statc Estimate: Based on the North Carolina Office of Budget and Management's most recent official estimate; High Point had a population of 108,552 as of July 1, 2014 (Source: July 2014 Municipal Estimates by Municipality available at: http://www,osbm.nc.gov/demovjmunicipal-estimates). The slate's procedure for estimating municipal population relies on annexation data obtained annually from each municipality. This information is used to calculate the population of each of the state's municipalities for the year preceding the one in which the annexation data is obtained, so the state's municipal population estimates are always one year behind the year the results are published (i.e. the most recent estimate published in 2015 was for 2014). Pursuant to state law, the resulting population estimates are used to determine [low state -shared tax revenues are distributed among municipalities. In estimating municipal populations, the state employs a constant proportion methodology, which assumes that the city grows at the sarne rate as the population of the county (or counties) in which they are located, in combination with a partitioned change method, which assumes that areas more recently annexed into a municipality grow at a different rate than the rest of the city. To help determine their population cstimatc, the state uses housing unit totals produced by the U.S. Census Bureau. The Office of Budget and Management's July 2014 population estimate of' 108,552 for High Point rellects an overall increase ofapproximately 4.01% between April 1, 2010 and July 1, 2014 (51 months) or an average annual growth rate of 0.94% (per twelve months). This represents a constant monthly increase of 0.07704%. Assuming this monthly rate of increase has remained constant since .Itrfy 1. 2014, 1-1igh Point's April 1, 2016 Population using the state estimate methodology is 110,322. Population Estimate (Method 2) — 110,322 Method 3 — Countv Growth Method: Estimates of High Point's growth by county were obtained from certified county population estimates developed by the slate's Office of Budget and Management (Source: 2014 Certified County Population Estimates available at: liLtp://www.osbm.ne.gov/demog/�county-estimates). The statCs county population estimates include a breakdown of' the amount of growth clue to natural increase (births minus deaths) and in migration, resulting in a single overall growth figure based on these two categories that is used to calculate this method. The most recent data available from the Office of I3udget and Management indicates that Guilford County's estimated population increase between April 1. 2010 and July I, 2014 was 23,867, The estimated population increases over the same time period for the other three counties containing portions of the City of High Point were 1,576 for Davidson County; 13,578 for Forsyth County; and 1,327 for Randolph County. Using a constant proportion method; 1-1igh Point, which represented 20.27862% of Guilford County's 2010 Census Population, and 3.2601 1 % of Davidson County's, 0.002280/0 of Forsyth County's, and 0.00776% of Randolph County's 2010 Census populations, would receive the same proportional share of each county's population increase. ']'he resulting; average monthly growth rate is then projected over the six years since the 2010 Census was taken, amounting to an increase of approximately SI33 for Guilford County, 73 for Davidson County, 0 for Forsyth County, and 0 for Randolph County, for a total of 6.906. 3 Therefore, High Point's estimated April 1, 2016 population based on the county growth method includes the sum of its 2010 population (104,371) and the combined total of the estimated growth in each county since 2010 (6,906) for a total of 1 1 1.277. Population Estimate (Method 3) — 111,277 Method 4 - U.S. Census Bureau Municipal Estimates - The U.S. Census Bureau prepares annual population estimates for municipal jurisdictions using housing unit estimates to distribute the county population to municipalities within each county. These housing unit estimates rely primarily on building permit data to update housing unit changes since the last census. The municipal estimates can be found at: http://www.ccnsus.gov/popest/data/index.htm]. The Census 131.1reau's most recent municipal estimate for the City of High Point is 108,629 as of .luly 1, 2014. This represents an average annual increase of approximately 0.96% since April 2010 and a constant monthly increase of 0.07843%. Assuming the monthly rate of increase has remained constant since .July 1, 2014, High Point's April 1, 2016 population using the U.S. Census Bureau municipal estimate method is 110,432. Population Estimate (Method 4)— 110,432 Method 5 - U.S. Census Bureau County Estimates: The U.S. Census Btn'eau also prepares annual population estimates for each county. These estimates can be found at http://www.censris.g_ov/popest/index.html. The most recent figures indicate that Guilford County's Population was estimated to be 517..600 as of July 1, 2015, representing an approximately 5.98% increase since April 1, 2010 and a monthly growth rate of 0,092194%. Assuming this monthly growth rate has remained constant since July 1, 2015, Guilford County's April 1, 2016 population would be 52 1.9 11. Using the constant proportion method, High Poirlt, representing 20.27862 of Guilford County's 2010 Census Population, would also represent 20.278621X, of the County's April 1, 2016 population; or 105,836, Similarly, High Point represented 3.2601 1 % of Davidson County's, 0.00228% of Forsyth County's, and 0.00776% oh Randolph County's 2010 Census populations. After calculating the monthly growth rates for each of these counties, and assuming the monthly growth rates and proportions of total population have remained constant since July 2015, High Point's share of the estimated April 1, 2016 popLilation is 5,375 for Davidson County: 8 for Forsyth County; and 1 I for Randolph County, resulting in a total population of l 11,231 for High Point as of April 1, 2016. Population Estimate (Method 5) 111,231 Method 6 — U.S. Census Strailyht-Line Projection: This method examines the percentage of population growth between 2000 and 2010 as reported by the U.S. Census Bureau in the last two censuses and extends that same growth rate to April 1, 2016. High Point's 2010 population of 104,371 represents a growth rate ol' 21.59% since 2000 or a constant annual increase of 1.97401°/o. Applying this rate for the period from April 1, 2010 to April 1, 2016 increases the City's population by 12.988 for a total of 117.359. Population Estimate (Method 6) — 117,359 4 NORTH CAROUNIA'S INTf,RNATIONAI. CITY- STORMWATER MANAGEMENT IMPROVEMENT PROGRAM The Stormwater Management Improvement Program is available to assist property owners with storm drainage problems. Implementation of this program does not constitute acceptance Of responsibility by the City for the existence of particular storm drainage problems; or acceptance of dedication, ownership, or future maintenance responsibility concerning any stream or ditch or any other- area of private property. The City will perform the following work concerning streams and ditches on private property for the purpose of improving natural Stormwater drainage: • Clean out debris and obstructions to improve water flow. • Perform bank and slope stabilization. • Install pipe to contain flow. Who Qualifies for the Program? • The Stormwater Management Improvement Program is available to all property owners in the City of High Point. • The site must receive Stormwater from public streets or publicly owned land contributing to the flow of the pipe/channel. • Any drainage channel or stream designated as stream buffer or is required under provisions of the City of H igh Point Development Ordinance (Chapter 7- Environmental Regulations) will be not eligible for the piping option of the Stormwater Management Improvement Program. • This program does not apply to new construction projects or for the maintenance of privately owned water quality devices. Program Criteria For piping re(lucsts, the nutximum size of any pipe installed shall be 42" RCP. Any site that requires a pipe size greater than 42" RCP will only be eligible if it meets the more stringent criteria of the City's Capital Improvement Program. All affected property owners must sign a petition form prescribed by the City requesting the work and giving permission to enter their property for that purpose. The City shall determine on what portion of the stream or ditch the work shall be performed to effectuate the efficient and safe flow of'water. Cont. => • The design and installation will meet the design and construction standards of the City of High Point. • The City will provide al] engineering and plans for the work, including scope of the work, means of performing it, schedule, and size and type of any materials necessary to perform the work. • The property owner(s) will pay for all materials necessary to perform the work. • All such owners ofproperty shall be responsible for removing any obstructions, objects, or vegetation that the City deems necessary or convenient to perform the work. • All such owners shall agree to hold harmless the City and its agents or employees from any and all liability of any nature for personal injury, property damage, or any other form of damage arising out of the work. • The Stormwater Services Division will assess all participation requests and prioritize them based on established rating criteria. Projects are prioritized based upon the potential for being a safety hazard or damage to property. For more information or assistance please contact the Stormwater Services Division at (336) 883-3455. Revised January 2016 Appendix C City of High Point Primary Stream List Cape Fear River Basin East Fork of. Dee q River Water Quality Use Support Receivinu Stream Name Stream Segment Index # Classification Rating Water Quality Issues 303 d List From City Limits to a point .4 mile down stream of Guilford East Fork of Deep River County SR 1541 17-2- 0.3 WS-IV PS Fecal Coliform Fecal Coliform From point 4 mile down stream of Guilford County SR 1541to High Point City Lake, East Fork of Deep River Deep River 17-2- 0.7 WS-IV CA PS Fecal Coliform Fecal Coliform From source just NE of Clinard Farm Rd. 10 confluence with E. Fork of Unnamed tributary of East Fork Deep River (South of of Deep River Regency Dr.) NIA NIA NIA NIA From Source just N of Clinard Unnamed tributary of unnamed Farm Rd. to confluence with tributary of Fast Fork of Deep unnamed tributary of Fast River Fork of Deep River N/A NIA N/A N/A From Source just N of Clirrard Unnamed tributary of unnamed Farm Rd. to confluence with tributaryof East Fork of Deep unnamed tributary cf East River Fork of Deep River NIA NIA NIA NIA From City Limits N of Thorndike Rd. to confluence Unnamed tributaryof unnamed with unnamed tributary of East tributary of East Fork of Deep Fork cf Deep River at River Gallimore Dairy Rd. NIA NIA NIA NIA From City Limits W of Pegg Rd. to confluence with unnamed tributary of Unnamed tributary of unnamed unnamed tributary of East tributary of unnamed tributary of Fork of Deep River N of East Fork of Deep River Throndike Road NIA NIA N!A NIA From City Limits to confluence with unnamed tributary of Unnamed tributary of unnamed unnamed tributary of East tributary of unnamed tributary of Fork of Deep River S of East Fork of DeepRiver Thorndale Road NIA NIA NIA NIA From City Limits to confluence with unnamed tributary of Unnamed tributary of unnamed unnamed tributary of tributary of unnamed tributary of unnamed tributary of East unnamed tributary of East Fork of Fork of Deep River S of Deee River Throndike Road N/A i NIA NIA From City Limits S of Chimney Rock Rd. to confluence with Unnamed tributary of East Fork E. Fork of Deep River of Deep River Piedmont Regional Lake) NIA NIA NIA NIA From City limits S of Plantation Farms Rd. to Unnamed tributary of unnamed confluence with unnamed tributary of East Fork of Deep tributary of East Fork of Deep River River N of Piedmont Lake NIA NIA NIA N/A From Tarrant Rd. to confluence with unnamed Unnamed tributary of unnamed tributary of unnamed tributary tributary of unnamed tributary of of East Fork of Deep River N East Fork of Deep River of Piedmont Lake NIA NIA NIA NIA From Source W of Tarrant Rd. to to confluence with Unnamed tributary of unnamed Unnamed Tributary of East EN/A tributary of East Fork of Deep Fork of Deep River at River Piedmont Lake N/A NIA N!A Page 1 Water Quality Use Support Receiving Stream Name Stream Se ment Index # Classification Rating Wate 303 d List From Source W of Tarrant Rd. to to confluence with unnamed tributary of East Unnamed tributary of unnamed Fork of Deep River .1 miles N tributary of East Fork of Deep of confluence with East Fork River of Deep River NIA NIA NIA NIA From City limits N of Willard Dairy Rd_ to confluence with Unnamed tributary of East Fork E. Fork of Deep River S of of Deep River Davis Re ionai Lake NIA NIA NIA NIA From Willard Dairy Rd. to Unnamed tributaryof unnamed confluence with unnamed tributary of East Fork of Deep tributary of East Fork of Deep River River W of Highway 68 NIA NIA NIA NIA From source E of Single Leaf Ct. to to confluence with Unnamed tributary of unnamed unnamed tributary of East tributary of East Fork of Deep Fork of Deep River at Davis River Lake NIA NIA NIA NIA From source E of Sumter Dr. to confluence with unnamed Unnamed tributary of unnamed tributary of unnamed tributary tributary of unnamed tributary of of East Fork of Deep River N East Fork of Deep River of Wiliard Dai Rd. NIA NIA NIA NIA From source N of Penny Rd. Ext. to confluence with unnamed tributary of Unnamed tributary of unnamed unnamed tributary of East tributary of unnamed tributary of Fork of Deep River W of East Fork of Deep River Highway 68, NIA NIA NIA NIA From source N of Premier Dr. to confluence with unnamed Unnamed tributary of unnamed tributary of unnamed tributary tributary of unnamed tributary of of East Fork of Deep River E East Fork of Deep River of highway 68. NIA NIA NIA NIA From source W. of Tarrant Unnamed tributary of East Fork Rd. to confluence with E_ Fork of Dee2 River of Deep River NIA NIA NIA NIA From source N. of Windstream Way to Unnamed tributary of East Fork confluence with E. Fork of of Deep River Deep River NIA NIA NIA NIA From source E. of Samet Drive to confluence with Unnamed tributary of unnamed uramed tributary of E. Fork of tributary of East Fork of Deep Deep River N. of Wendover River Av. NIA NIA NIA NIA From source a1 end of Unnamed tributary of East Fork Waterwheel Ct. to confluence of Deep River with E. Fork of Deep River NIA NIA NIA NIA From source at W. of River Unnamed tributary of East Fork Bend Rd. to confluence with of Deep River E. Fork of Deep River NIA NIA NIA NIA From source E. of Windstream Wy. to Unnamed tributary of East Fork confluence with E. Fork of of Deep River Deep River NIA NIA NIA NIA From source N. of Tutbury Dr. Unnamed tributary of unnamed 10 confluence with unnamed tributary of East Fork of Deep tributary of East Fork of Deep River River N. of Tadmor Ct. NIA N/A NIA NIA Hi h.Pcint,Ci .Lake From source in backwaters of Deep River (including High Point High Point Lake to dam at City Lake at normal pool High Point Lake (City of High elevation Point water supply intake) 17- 1 WS-IV CA NIA NIA Chlorophyll a From source S. of Conelia Ct. Unnamed tributary of High Point to confluence with High Point City Lake City Lake I NIA NIA NIA NIA Page 2 Water Quality Use Support Receiving Stream Name Stream Seg merit Index # Classification Rating_Water Quality Issues 303 d List From source N. of Mcl7err Rd. to confluence with unnamed Unnamed tributary of unnamed tributary of High Point City tributary of High Point City Lake Lake N/A NIA NIA NIA From source E. of Penny Rd. Unnamed tributary of High Point to confluence with High Point City Lake City take N/A NIA NIA N/A From source E. of Penny Rd. Unnamed tributary of High Point to confluence with High Point City Lake City Lake N/A NIA NIA NIA LonqI Branch Ecclogical I Biological From City Limits to a point .5 Integrity Fish Com mile downstream of Guilford Ecological I Biological Long Branch County SR 1541 17-2-1- 1 VuS-IV NIA NIA Integrity Benthos From a point .5 mile Ecological I Biological downstream of Guilford Integrity Fish Com County SR 1541to Fast Fork Ecologicai I Biological Long Branch of Deep River 17-2-1- 2 WS-IV CA NIA N/A Integrity Benthos From source E, of Tarrant Rd. Unnamed tributary of Long to confluence with Long Branch Branch NIA NIA NIA NIA From source W, of Guilford Unnamed tributary of Long College Rd. to confluence with Branch Long Branch W. of Joy Rd. NIA NIA N/A NIA From source N, of Piedmont Parkway to confluence with Unnamed tributary of an unnamed tributary of Long unnamed tributary of Long Branch N. Of South Hampton Branch Dr. NIA NIA N/A NIA From source W. of Guilford Unnamed tributary of an College Rd. to confluence with unnamed tributary of Long unnamed tributary of Long Branch Branch N. of Peninsula Dr. NIA NIA NIA NIA From source at Landing Ct. to Unnamed tributary of an confluence with unnamed unnamed tributary of Lang tributary of long Branch N. of Branch jCamp Ranger Ln, From source at Jamesford Dr, Unnamed tributary of Long to confluence with Long Branch Branch NIA N/A NIA NIA B ulding Branch From source E. of N Hamilton St. to confluence with West Boulding Branch Fork of i River 17-3-2 WS-IV NIA NIA From source E. of N. Hamilton St. to confluence with Unnamed tributary of Boulding Boulding Branch W. of Branch Brookside Dr. NIA NIA NIA N/A From source at Shepard PI. to Unnamed tributary of Boulding confluence with Boulding Branch Branch at W, Colle e Dr. NIA N/A NIA NIA From source at N. Centenlal St. to confluence with Unnamed tributary of Boulding Boulding Branch E. of Branch McGulnn Dr. N/A NIA N/A NIA From source at Richardson Av. to confluence with Unnamed tributary of unamed unnamed tributary of Boulding trii of Boulding Branch Branch W. of Underhill St. N/A NIA N/A NIA From source at N. College Dr. to confluence with unnamed Unnamed tributary of unamed tributary of Boulding Branch tributary of Boulding Branch E. of Montlieu Av, NIA NIA NIA NIA From source at S. of Wendell Av. to confluence with Unnamed tributary of unamed unnamed tributary of Boviding tributary of Boulding Branch Branch N. of Montlieu Av. NIA NIA NIA NIA Page 3 Water Quality Use Support Receiving Stream Name Stream Segment Index # Classification Rating Water Quality Issues 303 d List From source N, of Waverly Ct_ Unnamed tributary of Boulding to confluence with Boulding Branch Branch N. of E, Lexington Av. NIA NIA NIA NIA From source at Chathtam Dr. Unnamed tributary of Boulding to confluence with Boulding Branch Branch W, of Carolina St- NIA NIA NIA NIA From source at S. of Suffolk Av, to confluence with Unnamed tributary of Boulding Boulding Branch W. of Branch Wickham Av. NIA NIA NIA NIA From source at W. of Waynick St. to confluence with Unnamed tributary of Boulding Boulding Branch N. of Branch Wickham Av. NIA NIA NIA NIA From source at US Highway 311 Bypass to confluence with Unnamed tributary of Boulding Boulding Branch E. of Deep Branch River Rd. NIA NIA NIA NIA From source at E. of Haleys Wy. to confluence with Unnamed tributary of Boulding Boulding Branch E. of Deep Branch I River Rd. NIA NIA I NIA NIA WBstFork of Deep Riveir ' From City limits to a point 0.3 mile downstream of of Guilford Ecological I Biological West Fork of Deep River County SR 1850 17-3- 0.3 WS-IV NIA NIA Integrity Fish Corn From a point 0.3 mile downstream of of Guilford County SR 1850 to dam at Ecological I Biological West Fork of Deep River Oak Hallow Reservoir 17-3- 0.7 WS-IV CA NIA NIA Inteqrty Fish Com From dam at Oak Hollow West Fork of Deep River Reservoir to Boulding Branch 17-3- 1.5 WS-IV NIA NIA From Boulding Branch to High West Fork of Deep River Point City Lake, Deee River 17-3- 3 WS-IV CA NIA NIA From City limits to confluence Unnamed tributary of West Fork with West Fork of Deep River of Deep River W. of Sandy Ride Rd. NIA NIA NIA NIA From City limits to confluence Unnamed tributary of unnamed with unnamed tributary West tributary of West Fork of Deep Fork of Deep River W. of River Sandy Ride Rd. NIA NIA NIA NIA From City limits to confluence Unnamed tributary of unnamed with unnamed tributary West tributary of West Fork of Deep Fork of Deep River W. of River Sandy Ridge Rd- NIA WA NIA NIA From City limits to confluence with unnamed tributary of Unnamed tributary of unnamed unnamed tributary of West tributary of unnamed tributary of Fork of Deep River W. of West Fork of Deep River Sardy Ridge Rd. NIA NIA NIA NIA From City limits to confluence Unnamed tributary of unnamed with unnamed tributary West trihutary of West Fork of Deep Fork of Deep River VV. of River Sandy Ridge Rd. NIA NIA NIA NIA From City limits to confluence Unnamed tributary of West Fork with West Fork of Deep River of Deep River N. of Sandy Ridge Rd, NIA NIA NIA NIA From City limits to confluence Unnamed tributary of West Fork with West Fork of Deep River of Deep River N. of Sandy Ride Rd. NIA N!A NIA NIA From City limits to confluence Unnamed tributary at West Fork with West Fork of Deep River of Deep River S. of Sandy Ridge Rd, NIA NIA NIA NIA From City limits to confluence Unnamed tributary of West Fork with West Fork of Deep River of Dee River S. of Sand Ride Rd. NIA NIA NIA NIA Page 4 Water Quality Use Support Receiving Stream Name Stream Segment Index # Classification Rating Water Quality Issues 303 d List From City limits to confluence Unnamed tributary of West Fork with West Fork of Deep River of Deep River W. of Johnson St. NIA NIA NIA NIA From City limits to confluence Unnamed tributary of West Fork with West Fork of Deep River of Deep River W. of Johnson St. NIA NIA NIA NIA From City limits to confluence Unnamed tributary of West Fork with West Fork of Deep River of Deee River of W. Pond Haven Dr. NIA NIA NIA NIA From City limits to confluence Unnamed tributary of West Fork with West Fork of Deep River of Deee River of S. of Johnson St. NIA NIA NIA NIA From source S. of Oaktcn Dr to confluence with West Fork Unnamed tributary of West Fork of Deep River N. of Skeet of Deep River Club Rd. NIA NIA NIA NIA From City limits W. of Glen Echo Ct. source to confluence Unnamed tributary of West Fork with Oak Hollow Lake N. of of Deep River Oak Hollow Lake Skeet Club Rd. NIA NIA NIA NIA From source N. of Maple Branch Dr to confluence with Unnamed tributary of unamed unamed tributary of Oak tributary of West Fork of Deep Hollow Lake N. of Skeet Club River Oak Hollow Lake Rd, NIA NIA NIA NIA From source E. of Huntingridge Dr. to confluence Unnamed tributary of West Fork with Oak Hollow Lake N. of of Deep River Oak Hollow Lake Skeet Club Rd NIA NIA NIA NIA From source N. of Glenn Meade Dr to confluence with Unnamed tributary of unamed unamed tributary of Oak tributary of West Fork of Deep Hollow Lake N. of Skeet Club River Oak Hollow Lake Rd. NIA NIA NIA NIA From source S. of Poplar Creek Ln. to confluence with Unnamed tributary of unamed unamed tributary of Oak tributary of West Fork of Deep Hollow Lake N. of Skeet Club River Oak Hollow Lake Rd. NIA NIA NIA NIA From source N. E. of Kendale Rd. to confluence with Oak Unnamed tributary of West Fork Hollow Lake N. of Skeet Club of Deep River Oak Hollow Lake Rd NIA NIA NIA N/A From source N. E of Kendale Rd. to confluence with Oak Unnamed tributary of West Fork Hollow Lake N. of Skeet Club of Deep River Oak Hollow Lake Rd NIA NIA NIA NIA From source N. of Bent Trace Dr. to confluence with Oak Unnamed tributary of West Fork Hollow Lake S. of Skeet Club of Deep River Oak Hollow Lake Rd NIA NIA NIA NIA From source N. of Single Leaf Unnamed tributary of unamed Ct. to confluence with unamed tributary of West Fork of Deep tributary of Oak Hollow Lake River Oak Hollow Lake N. of Timberwolf Av. N/A NIA NIA NIA From source N. of Glen Cove Wy. to confluence with Oak Unnamed tributary of West Fork Hollow Lake E of Waterview of Deep River Oak Hollow Lake Rd. NIA NIA NIA NIA From source at Deerfield St. Unnamed tributary of West Fork to confluence with Oak Hollow of Deep River Oak Hollow Lake Lake W. of Tecumseh St. NIA NIA NIA NIA From source at Oak Hollow Unnamed tributary of West Fork Dr. to confluence with Oak of Deeg River Oak Hallow Lake Hollow Lake NIA NIA NIA NIA From source S, of Setliff Dr. to Unnamed tributary of West Fork confluence with Oak Hollow of Dee River Oak Hollow Lake Lake I NIA NIA NIA NIA From source S. of Skeet Club Unnamed tributary of West Fork Rd. to confluence with Oak of Deep River Oak Hollow take Hollow Lake NIA NIA NIA NIA Page 5 Water Quality Use Support Receiving Stream Name Stream Segment Index # Classification Rating Water Quality Issues 303 d List From source E. of Braddock Rd. to confluence with Unnamed tributary of unamed uramed tributary of Oak tributary of West Fork of Deep Hollow Lake S. of Whites Mill River Oak Hollow Lake Rd. NIA NIA NIA NIA From source S. of Whites Mill Rd. to confluence with Oak Unnamed tributary of West Fork Hollow Lake N. of Plainview of Deep River Oak Hollow Lake Dr. NIA NIA NIA NIA From source N. of White Unnamed tributary of West Fork Fence Wy. to confluence with of Deep River Oak Hollow Lake Oak Hollow Lake NIA NIA NIA NIA From source N. W. of Navy Unnamed tributary of West Fork Pi. to confluence with Oak of Deep River Oak Hollow Lake Hallow Lake NIA NIA NIA NIA From source W. of Newort Ct, Unnamed tributary of West Fork to confluence with Oak Hallow of Deep River Oak Hollow Lake Lake S. of Timberlane Dr. NIA NIA NIA NIA Unnamed tributary of West Fork From source S. of E. State of Deep River (Oakhollow Lake) Av. to confluence with Oak ' Oak Hollow Mall Regional Lake Hollow Lake E. of Johnson St- NIA NIA NIA NIA From source N. of E. Parriss Av. to confluence with Unnamed tributary of unamed unamed tributary of Oak tributary of West Fork of Deep Hollow Lake at Oak Hollow River Oak Hollow Lake Mall Re Tonal Lake NIA NIA NIA NIA From source at N. College Dr. to confluence with unamed Unnamed tributary of unamed tributary of Oak Hollow Lake tributary of West Fork of Deep at Oak Hollow Mall Regional River Oak Hallow Lake Lake NIA NIA NIA NIA From source W. of Pine Unnamed tributary of unamed Valley Rd. to confluence with tributary of West Fork of Deep unamed tributary of Oak River Oak Hollow Lake Hollow Lake E. of Johnson St, NIA NIA NIA NIA From source S. of Oakview Unnamed tributary of unamed Rd. to confluence with tributary of unnamed tributary of unamed tributary of unnamed West Fork of Deep River (Oak tributary of Oak Hollow Lake Hollow Lake) N. of E. Hartle Dr. NIA NIA NIA NIA From source at Mall Loop Rd. Unnamed tributary of West Fork to confluence with Oak Hollow of Deep River Oakhollow, Lake Lake E. of Johnson St. NIA NIA i NIA NIA From source at Lakecrest Av. Unnamed tributary of West Fork to confluence with Oak of Deep River Oakhollow Lake Hollow Lake E. of Johnson St. NIA NIA NIA NIA From source E. of N. Unnamed tributary of West Fork Centennial St. to confluence of Deep River Oakhollow Lake with Oak Hollow Lake NIA NIA NIA NIA From source E. of Highway 68 to confluence with Oak Unnamed tributary of West Fork Hollow Lake N.W. of Kimberly of Deep River Oakhollow Lake Pl. NIA NA NIA NIA From source N. of Lazy Lane to confluence with West Fork Unnamed tributary of West Fork of Deep River S. of of Deep River Rivermeade Dr. NIA NIA NIA NIA From source L. of Highway 68 to confluence with West Fork Unnamed tributary of West Fork of Deep River S. of of Deep River Rivermeade Dr. N/A NIA NIA NIA From source W. of Arden PI. to confluence with West Fork Unnamed tributary of West Fork of Deep River W. of Deep of Deep River River Road NIA NIA NIA NIA From source W. of Penny Rd. to confluence with West Fork Unnamed tributary of West Fork of Deep River F of Deep of Deep River River Road NIA NIA NIA NIA Page 6 Water Quality Use Support Receiving Stream Name Stream Segment Index # Classification Rating Water Quality Issues 303 d List From source E. of Highway 68 Unnamed tributary of unnamed to confluence with unnamed tributary of West Fork of Deep tributary of West Fork of Deep River River E. of Hickswood Road NIA NIA NIA NIA From source S. of Eagle Glen Rd. to confluence with Unnamed tributary of unnamed unnamed tributary of West tributary of West Fork of Deep Fork of Deep River N. of River Hickswood Road NIA NIA NIA NIA From source F. of Wynnfield Dr. to confluence with Unnamed tributary of unnamed unnamed tributary of West tributary of West Fork of Deep Fork of Deep River E, of Deep River River Rd. NIA NIA NIA NIA From source W. of Dogwood Unnamed tributary of West Fork Ct. to confluence with West of Deep River Fork of Deep River NIA NIA NIA NIA From source N. of Willard Rd. Unnamed tributary of West Fork to confluence with West Fork of Deep River of Deep River NIA NIA NIA NIA From source N. of Unnamed tributary of West Fork Greensboro Rd.to confluence of Deep River with West Fork of Deep River NIA NIA NIA NIA From source W. of Penny Rd.to confluence with West Fork of Deep River (High Unnamed tributary of West Fork Point City Lake) S. of of Deep River Lakeview Heights Dr, NIA N/A NIA N/A Hiatt Branch From source to a point 0.6 Hiatt Branch mile upstream of mouth 17-3-1- 1 WS-IV NIA NIA From a point 0.6 mile upstream of mouth to Oak Hollow Reservoir, West Fork Hiatt Branch Deep River 17-3-1- 2 WS-IV CA NIA NIA From source at Johnson St. to Unnamed tributary of Hiatt confluence with Oak Hollow Branch Oak Hollow Lake Lake NIA NIA NIA NIA From source at Hampton Park Dr, to confluence with Unnamed tributary of unnamed unnamed tributary of Oak tributary of Hiatt Branch (Oak Hcliow Lake E. of Blairwood Hollow Lake) St. NIA NIA NIA NIA From source S. of Tara Dr. to confluence with Hiatt Branch Horney Branch S. ofAberdeen Rd. NIA NIA NIA NIA From source N. of Skeet Club Unnamed tributary of Homey Rd. to confluence with Homey Branch Branch N. of Norse St. NIA NIA NIA NIA From source N. of Wyndham Unnamed tributary of Homey Av. to confluence with Homey Branch Branch S. of Viking Dr. NIA NIA NIA NIA From source S. of Buena Vista Av. to confluence with Unnamed tributary of Homey Homey Branch N. of Branch Briarwood Av. NIA NIA NIA NIA From source N, of Old Mill Rd. Unnamed tributary of Horney to confluence with Horney Branch Branch N. at Old Mill Rd. NIA NIA NIA NIA From Source W. of Impala Av, Unnamed tributary of Hiatt to confluence with Hiatt Branch Branch N. of Milbourne PI. NIA NIA NIA NIA From source W. of E. Bellevue Dr. to confluence Unnamed tributary of Hiatt with Hiatt Branch at US Branch Highway 311 Bypass NIA NIA NIA NIA From source at S. of School Park Rd, to confluence with Unnamed tributary of unnamed unnamed tributary of Hiatt Itributary of Hiatt Branch Branch N. of School Park Rd. NIA NIA NIA NIA Page 7 Richland Creek - Water Quality Use Support Receiving Stream Name Stream Segment index # Classification Rating Water Quality Issues 303 d List From source E. of Shadybrook Rd. to confluence Unnamed tributary of Hiatt with Hiatt Branch N. of US Branch Highway 311 Bypass NIA NIA NIA NIA From source at US Highway Unnamed tributary of Hiatt 311 Bypass to confluence with Branch Hiatt Branch E. of Johnson St, NA NIA N!A NIA From source N. of W. Ward Fecal Coliform, Av. to a point DA mile Historical listing for Ecological ! Biological upstream of Guilford County 'sediment' based on Integrity Fish Com; Fecal Richland Creek SR 1154 17-7- 0.5 WS-N NS biological impairment Collfcrm From source N, of Taylor Av. Unnamed tributary of Richland to confluence with Richland Creek Creek W,of S_ Elm St. NIA NIA NIA NIA From source S. of Potts Av. to Unnamed tributary of Richland confluence with Richland Creek Creek N, of Young PI. NIA NIA NIA N/A From source E. of Bennett PI_ Unnamed tributary of Richland to confluence with Richland Creek Creek at East Market Center NIA NIA NIA NIA From source S. of Foust Av. Unnamed tributary of Richland to confluence with Richland Creek Creek E of Surret Dr. NIA NIA NIA NIA From source at Inlet Av. to Unnamed tributary of Richland confluence with Richland Creek Creek W. of Jarrell St. NIA NIA NIA NIA From source N, of Kettering Rd. to confluence with Unnamed tributary of Richland Richland Creek at Business Creek 1-85 NIA NIA NIA NIA From source E. of S. Centennial St. to confluence Unnamed tributary of Richland with Richland Creek S. of Creek Nathan Hunt Dr. NIA NIA NIA NIA From source E. of Francis St. Unnamed tributary of Richland to confluence with Richland Creek Creek N. of Business 1-85 N/A NIA NIA NIA From source N. of Martha Pi_ to confluence with unnamed Unnamed tributary of unnamed tributary of Richland Creek N. tributary of Richland Creek of Model Farm Rd. NIA NIA NA NIA From source N. of Pearson PI. Unnamed tributary of Richland to confluence with Richland Creek Creek N. of Business 1-85 NIA NIA NIA NIA From source S, of E. Kivett Dr, to confluence with Unnamed tributary of unnamed unnamed tributary of Richland tributary of Richland Creek Creek N. of Wise Av. NIA NIA NIA N/A From source S. of E. Green Dr. to confluence with Unnamed tributary of unnamed unnamed tributary of Richland tributary of Richland Creek Creek W, of Nathan Hunt Dr. NIA NIA NIA NIA From source N, of Townsend Av. to confluence with Unnamed tributary of Richland Richland Creek S. of Business Creek 1-85 NIA NIA NIA NIA From source S. of Nathan Hunt Dr, to ccrfluence with Unnamed tributary of Richland Richland Creek S. of Business Creek 1-85 NIA NIA NIA NIA From source E. of Meredith St_ to confluence with Unnamed tributary of Richland Richland Creek S. of Business Creek 1-85 NIA NIA NIA NIA Page 8 Water Quality Use Support Receiving Stream Name Stream Segment Index 9 Classification Rating Water Quality Issues 303 d List From source W. of Carter St, to confluence with unnamed Unnamed tributary of unnamed tributary of Richland Creek S. tributary of Richland Creek of E. Green Dr. NIA NIA NIA NIA From source N. of Townsend Av. to confluence with Unnamed tributary of Richland Richland Creek W. of Lorraine Creek Av. NIA NIA NIA NIA From source N. of Baker Rd. to confluence with unnamed Unnamed tributary of unnamed tributary of Richland Creek S. tributary of Richland Creok of Lorraine Av. NIA N/A NIA NIA From source E. of Alleghary Unnamed tributary of Richland Av. to confluence with Creek Richland Creek NIA NIA NIA NIA From source E. of Anaheim St. to confluence with Unnamed tributary of Richland Richland Creek W. of Baker Creek Rd. NIA NIA NIA NIA From source W. of New St.to confluence with unnamed Unnamed tributary of unnamed tributary of Richland Creek W. tributary of Richland Creek of Kroll Ln. N/A NIA NIA NIA From source N. of Triangle Lake Rd. to confluence with Unnamed tributary of unnamed unnamed tributary of Richland tril of Richland Creek Creek S. of Roberts Ln. NIA NIA NIA NIA From source N, of Triangle Lake Rd. to confluence with Unnamed tributary of unnamed unnamed tributary of tributary of unnamed tributary of unnamed tributary of Richland Richland Creek Creek N. of Triangle Lake Rd. NIA NIA NIA NIA From City omits to confluence Unnamed tributary of Richland with Richland Creek E. of Creek Baker Rd. NIA NIA NIA NIA From source N. of E. Kiveit Unnamed tributary of Richland Dr. to City limits S. of Triangle Greek Lake Road (Triangle Lake NIA N/A NIA NIA From source S. of F. Kivett Unnamed tributary of unnamed Dr. to City limits S. of Triangle tributa of Richland Creek Lake Rd. NIA NIA NIA NIA From source N. of Triangle Unnamed tributary of unnamed Lake Rd.to City limits S. of tributary of Richland Creek Triangle Lake Rd. NIA NIA NIA NIA From source S. of Triangle Unnamed tributary of unnamed Lake Rd.to City limits S. of tributary of Richland Creek Business 1-85 NIA NIA NIA NIA Unnamed tributary of Richland From source W. of Jackson Creek Lake Rd. to City limits NIA NIA NIA NIA From source E. of Eton P1. to confluence with unnamed Unnamed tributary of unnamed tributary of Richland Creek W. tributary of Richland Creek of Jackson Lake Rd. N/A NIA NIA NIA Dee River South of High Point Lake Dam From source E. of Wayside St. to confluence with Deep Unnamed tributary of Deep River River NIA NIA NIA NIA From source N. of Cedrow Dr Unnamed tributary of unnamed to confluence with unnamed tributary of Deep River tributary of Deep River N/A NIA NIA N/A From source N. of Hampstead Rd. to confluence with Unnamed tributary of unnamed unnamed tributary of Deep tributary of Deep River River W. of Rosecrest Dr, NIA NIA NIA NIA From source W. of Ring St. to confluence with unnamed Unnamed tributary of unnamed tributary of Deep River S. of tributary of Deep River Forestview Dr. I NIA NIA NIA NIA Page 9 Water Quality Use Support Receiving Stream Name Stream Segment Index # Classification Rating Water Qualit Issues 3D3 d List From source W. of Manor Dr. Unnamed tributary of unnamed to confluence with unnamed tributary of unnamed tributary of tributary of unnamed tributary Deep River of Deep River W. of Alpine Dr. NIA N/A NIA N/A From source N. of Edgeview Rd. to confluence with Unnamed tributary of unnamed unnamed tributary of Deep tributary of Deep River River N. of Cedrow Dr. NIA N/A NIA N/A From source N, of Avondale St. to confiuence with Unnamed tributary of unnamed unnamed tributary of Deep tributary of Deep River River W. of N. Scientific St, N/A N/A NIA N/A From source N, of Dillion Rd. to confluence with unnamed Unnamed tributary of unnamed tributary of unnamed tributary tributary of unnamed tributary of of Deep River W. of N. Deep River Scientific St. NIA NIA NIA NIA From source N. of Southridge Rd. to confluence with Unnamed tributary of unnamed unnamed tributary of Deep tributary of Deep River River IN of Brockview Cl. NIA NIA NIA NIA From source S. of Pump Station Rd. to confluence with Unnamed tributary of unnamed unnamed tributary of Deep tributary of Deep River River N/A NIA NIA NIA From source N. of E, Kivett Dr. to City limits E. Chatfield Unnamed tributary of Dee River Dr. NIA NIA NIA NIA From City limits to confluence with unnamed tributary of Unnamed tributary of unnamed Deep River S. of New tributary of Deep River Hampshire Dr. NIA NIA NIA NIA From source at Colony Dr to confluence with unnamed Unnamed tributary of unnamed tributary of Deep River S- of tributary of Deep River New Hampshire Dr. N/A NIA NIA NIA From City limits to confluence Unnamed tributary of unnamed with unnamed tributary of tributary of Deep River Deep River E. of Chatfield Dr. N/A NIA NIA NIA From source N. of Pineburr Unnamed tributary of unnamed Rd. to City Limits E. of tributary of Deep River Chatfield Dr. N/A NIA NIA NIA Yadkin River Basin Kennedy Mill Creek From source W. of Prospect Unnamed tributary of Kennedy St. to City limits S. of Meridian Mill Creek Av. 12-119-7-2 C NIA N/A From source E. of Old Thomasville Rd. to confluence with unnamed tributary of Unnamed tributary of unnamed Kennedy Mill Creek at Old tributary of Kennedy Mill Creek Thomasville Rd. 12-119-7-2 C NIA NIA From source W. of South Road to confluence with unnamed tributary of Kennedy Unnamed tributary of unnamed Mill Creek E. of Guilford tributary of Kennedy Mill Creek ]Davidson County Line 12-119-7-2 C N/A NIA From source F. of Van Buren Unnamed tributary of Kennedy St, to City !Emits S- of Willard Mill Creek Rd, 12-119-7-2 C N/A NIA From source E. of Old Thomasville Rd. to confluence with unnamed tributary of Unnamed tributary of unnamed Kennedy Mill Creek E. of itributary of Kennedy Mill Creek Hod in St, 12-119-7-2 G N/A NIA Page 10 Payne Creek Water Quality Use Support Receiving Stream Name Stream Segment Index # Classification Rating Water Qua lity issues 303 d List Unnamed tributary of Payne From source E. of English Creek Road to City limits 12-119-7-1 C NIA NIA From source N. of Irwin Av. to Unnamed tributary of unnamed confluence with unnamed tributaa of Payne Creek tributary of Payne Creek 12-119-7-1 C NIA NIA From source W. of Shady Ln. Unnamed tributary of unnamed to confluence with unnamed tributary of Payne Creek tributary of Payne Creek 12-119-7-1 C NIA N/A Unnamed tributary of Payne From source S, of Chestnut Creek Dr. to City limits 12-119-7-1 C NIA NIA Unnamed tributary of Payne From source E, of Lyndsay Creek Av. to to Ci limits 12-119-7-1 C NIA N/A From source N. of W. Farriss Av, to confluence with Unnamed tributary of unnamed unnamed tributary of Payne tributary of Payne Creek Creek W. of N. Rotary Dr. 12-119-7-1 C NIA NIA Unnamed tributary of Payne From source E. of 112-119-7-1 Creek Westchester Dr. to C ily iimits C NIA NIA Rich Fork Creek From High Point Corporate Limits N. of Hitchcock Wy. and through all City of High Point Corporate Areas in Ecological ! Biological Rich Fork Creek Davidson County 12-119-7 C NIA NIA Integrity Fish Com From source S. of Camilia Cove to City Limits W. of Unnamed tributary of Rich Fork Shadow Valley Rd. 12-119-7 C NIA NIA From source W. of N, Main St. to Confluence with Rich Fork Unnamed tributary of Rich Fork N. of Westover Dr. 12-119-7 C NIA NIA From source E. of Old Plank Rd.to confluence with Unnamed tributary of unnamed unnamed tributary of Rich tiribulary of Rich Fork Fork E. of S. of Old Plank Rd. 12-119-7 C NIA NIA From source E. of High Point Corporate Limits to confluence Unnamed tributary of Rich Fork with Rich Fork Creek 12-119-7 C NIA NIA From source E. of Wendover Or. to confluence with unnamed tributary of Rich Unnamed tributary of unnamed Fork E. of Guilford! Davidson tributary of Rich Fork County line. 12-119-7 C NIA N/A From source E. of Idol St. to confluence with unnamed Unnamed tributary of unnamed tributary of unnamed tributary tributary of unnamed tributary of of Rich Fork W. of Highway Rich Fork 68. 12-119-7 C NIA NIA From source N. E. of Main St. to confluence with unnamed Unnamed tributary of unnamed tributary of Rich Fork S, of tributary of Rich Fork Carol ndon Dr. 12-119-7 C N/A NIA From source N. of Westover Dr. to confluence with Unnamed tributary of unnamed unnamed tributary of Rich tributary of Rich Fork Fork S. of Carol ndon Dr. 12-119-7 C NIA NIA Unnamed tributa of Rich Fork From source to City limits 12-119-7 C NIA N/A Unnamed tributaa of Rich Fork From source to City limits 12-119-7 C NIA NIA Page 11 Appendix D: Responsible Party Contact List Measurable Goal I Responsible Person Public Education and Outreach on Stormwater Impacts Public Education and Outreach Program Tyler Berrier Interim Public Services Manager Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail: t ler.berrier hi h ointnc. ov Informational Web Site Tyler Berrier Interim Public Services Manager Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail: t ler.berrier hi h ointnc. ov Public Education materials for schools, homeowners, and/or High Point Beautification Coordinator (Vacant) businesses Rebecca Coplin High Point Beautification Supervisor Public Services/Environmental Services Phone: (336) 883-3520 Fax: (336) 822-7253 e-mail: rebecca.coplin@highpointnc.gov Public Education material dissemination Tyler Berrier Interim Public Services Manager Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail: t ler.berrier hi h ointnc. ov Public Involvement and Partici ation Administer a Public Involvement Program Tyler Berrier Interim Public Services Manager Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail: t ler.berrier hi h ointnc. ov Allow the public an opportunity to review and comment on the Tyler Berrier Stormwater Plan Interim Public Services Manager Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail: t ler.berrier hi h ointnc. ov Organize a volunteer community involvement program Rebecca Coplin High Point Beautification Supervisor Public Services/Environmental Services Phone: (336) 883-3520 Fax: (336) 822-7253 e-mail: rebecca.co lin hi h ointnc. ov Establish a Citizens Advisory Panel Tyler Berrier Interim Public Services Manager Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail: t ler.berrier hi h ointnc. ov Page 1 Illicit Discharge Detection and Elimination Develop 1 Implement an Illicit Discharge Detection and Tyler Berrier Elimination Program Interim Public Services Manager Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail. t ler.berrier hi h ointnc. ov Establish and maintain appropriate legal authorities Tyler Berrier Interim Public Services Manager Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail: t Ier.berrier hi h ointnc. ov Develop a Storm Sewer System Base Map Tyler Berrier Interim Public Services Manager Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail: t Ier.berrier hi h ointnc. ov Implement illicit discharge detection procedures Tyler Berrier Interim Public Services Manager Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail: t ler.berrier hi h ointnc. ov Conduct employee cross -training Tyler Berrier Interim Public Services Manager Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail. t ler.berrier hi h ointnc. ov Provide public education Tyler Berrier Interim Public Services Manager Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail: t ler.berrier hi h ointnc. ov Establish a public reporting mechanism Tyler Berrier Interim Public Services Manager Phone. (336) 883-3455 Fax: (336) 883-8561 E-mail: t Ier.berrier hi h ointnc. ov Post -Construction Stormwater Management in New Development and Redevelopment Continue to implement and enforce post -construction Tyler Berrier stormwater management standards and policies addressed in Interim Public Services Manager City of High Point Development Ordinance Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail: t ler.berrier hi h ointnc. ov Establish strategies which include BMPs appropriate for the Tyler Berrier MS4 Interim Public Services Manager Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail: t ler.berrier hi h ointnc. ov Establish a program to control the sources of fecal coliform to Tyler Berrier the maximum extent practicable interim Public Services Manager Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail: t ler.berrier hi h ointnc. ov Page 2 Pollution Prevention/Good Housekeeping for Municipal Operations Develop an operation and maintenance program Tyler Berrier Interim Public Services Manager Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail: t ler.berrier hi h ointnc. ov Inspection and evaluation of facilities, operations, and the MS4 Tyler Berrier system and associated structural BMPs Interim Public Services Manager Phone: (336) 883-3455 Fax: (336)883-8561 E-mail: t ler.berrier hi h ointnc. ov Conduct staff training Tyler Berrier Interim Public Services Manager Phone: (336) 883-3455 Fax: (336)883-8561 E-mail: t ler.berrier hi h ointnc. ov Review of municipality owned or operated regulated industrial Tyler Berrier activities Interim Public Services Manager Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail: t ler.berrier hi h ointnc. ov Page 3 { CHAPTER 6: ENVIRONMENTAL STANDARDS Section 6.2. Watershed Protection: Subsection 6.2.3. Exemptions 6.2.1. PURPOSE AND INTENT These watershed protection standards are established in accordance with the requirements in the North Carolina General Statutes Sections 143-214.5 through 143-214.7 related to water supply watershed protection. They are intended to regulate residential density and impervious surface cover in water supply watershed drainage areas to control non -point source water pollution and protect drinking water quality. 6.2.2. APPLICABILITY A. Authority The City Council is authorized to adopt these provisions in accordance with North Carolina General Statutes Sections 143-214.5, 143-214.6 and 143-214.7, Section 160-A-314, the rules promulgated by the North Carolina Environmental Management Commission, and all other relevant laws of the State of North Carolina. B. Location 1. The standards in this section apply to all land within the City of High Point's zoning jurisdiction, including both water supply watersheds and non -water supply watersheds. 2. National Pollutant Discharge Elimination System (NPDES) Phase II stormwater regulations also apply jurisdiction -wide and are overlaid by districts that regulate development in water supply watersheds, including the separate General Watershed Areas (GWA) and Watershed Critical Areas (WCA) of Oak Hollow Lake, City Lake, Oakdale Reservoir, Randleman Lake, and the Uwharrie (Lake Reese) and Lake Thom-A-Lex watersheds. C. Activities Covered 1• Except for the activities in Section 6.2.3, Exemptions, the standards in this section apply to all land disturbance, paving, gravel placement, and construction of buildings or other structures in the City's planning jurisdiction. �. All activities subject to these provisions shall comply with the procedural, design, and construction requirements of this section. 6.2.3. EXEMPTIONS A. General The following activities are exempt from the requirements of this section; however, this exemption shall not be construed to permit uses prohibited in the underlying zoning district, or uses prohibited by this section. 1• Development on a lot of record less than 20,000 square feet in area existing on July 1, 1993 in all watersheds except in the Randleman Lake Watershed. 2. Development on a lot of record less than 20,000 square feet in area existing on January 1, 2000 in the Randleman Lake Watershed. City of High Point Development Ordinance 1 6-5 CHAPTER 6 ENVIRONMENTAL STANDARDS Section 6.2. Watershed; Protection, f Subsection 6.2.3. Exemptions 3. Development on a lot of record less than 40,000 square feet in area existing on January 1, 2000 in the Downtown Area, which is shown on the High Point Watershed Map. 4. Development of 1 single-family dwelling and its accessory structure(s) on: (a) A lot located outside (WCA) Tier 1 within the Oak Hollow Lake, City Lake, and Oakdale Reservoir Watersheds; or (b) A lot located outside (WCA) Tiers 1 and 2 within the Randleman Lake Watershed. S. Development of a duplex dwelling and its accessory structure(s) on a lot in the Oak Hollow Lake, City Lake, and Oakdale Reservoir Watersheds provided a sedimentation and erosion control plan is not required and it is located outside (WCA) Tiers 1 and 2. 6. Development on a lot in a non -water supply watershed that disturbs less than an acre. 7. Replacement of an existing built -upon area on a lot developed with a like or lesser amount of new built -upon area at the same location, or at a different location on the same lot if the TRC determines that equal or improved water quality will result. 8. Development existing on July 1, 1993 in all water supply watersheds except Randleman Lake Watershed where the effective date is January 1, 2000. 9. Development existing in all non -water supply watersheds, as of July 1, 2007. B. Exemption to the Plan Submission Requirements of This Section The development of a small accessory building, structure, or small amount of other built -upon area on a lot is exempt from the plan submission requirements of this section, provided: 1. The development is nonresidential or multi -family; Z. The total built -upon area is no greater than 600 square feet; 3. Less than 1 acre of land is disturbed; 4. The built -upon area or land disturbance is not within a required surface water buffer; 5. The exemption is not proposed on a lot subject to a watershed development plan on file with the Planning and Development Department; and 6. The exemption is applied to a lot no more than once after July 1, 1993, in all watersheds except Randleman Lake Watershed, or after January 1, 2000 in the Randleman Lake Watershed. C. Compliance with Previously Approved Plans Any restrictions upon building location, drainageways, pavement, or other built -upon area, percentage of impervious surface area, location of built -upon area, or any other matter appearing on any previously approved watershed development plan covering the subject land shall be complied with unless and until replaced by an approved revised watershed development plan meeting the requirements of this section. D. Activities Regulated by Other Governmental Agencies 1. Agriculture The Guilford Soil and Water Conservation District is the designated agency responsible for implementing the provisions of this section pertaining to agriculture. 6-6 1 City of High Point Development Ordinance CHAPTER 6: ENVIRONMENTAL STANDARDS Section 6.2. Watershed Protection Subsection 6.2.5. Incorporation of Watershed Map 2. Silviculture The City of High Point is the designated management agency responsible for implementing the provisions of this section pertaining to silviculture activities. 3. Transportation The NCDOT shall comply with the practices outlined in its document entitled "Best Management Practices for the Protection of Surface Waters," which is incorporated herein by reference. 4. Hazardous Materials (a) The City of High Point Fire Marshall and the Guilford County Local Emergency Planning Committee are the designated management agencies responsible for implementing the provisions of this section pertaining to hazardous materials. (b) An inventory of all hazardous materials used and stored in the watershed shall be maintained. (C) A spill/failure containment plan and appropriate safeguards against contamination are required. (d) Waste minimization and appropriate recycling of materials is encouraged. (e) Land in the WSO where oil_ or other hazardous substances are stored shall comply with the following requirements: (1) The Superfund Amendments and Reauthorization Act (SARA) Section 302 Extremely Hazardous Substances (42 USC 11000 et seq.); and (2) Section 311 of the Clean Water Act (CWA), as amended (33 USC 1251 et seq.). 6.2.4. HOW TO USE THIS SECTION The following general steps should be followed to determine the applicability of the watershed protection requirements to a specific parcel of land: A. Identify the location of the land on the Watershed Map; B. Determine if the land, development, or activity is exempted (see Section 6.2.3, Exemptions); C. Identify fragile areas or development limitations (i.e., surface waters, steep slopes, etc.) on the land; D. Classify the development as high or low density as established in Table 6.2.6.C, Minimum Surface Water Buffer Width Requirements; E. Based on the development density or built -upon area, determine the method of stormwater control required and surface water buffers; and F. Comply with the requirements of the High Point Stormwater Best Management Practices Design Manual. 6.2.5. INCORPORATION OF WATERSHED MAP A. Incorporation of Watershed Map 1. This subsection incorporates by reference the High Point Watershed Map, dated July 1, 1993, and any amendments, showing the WSO, Downtown Area, the City of High Point Development Ordinance 1 6-7 CHAPTER 6: ENVIRONMENTAL STANDARDS f Section 6.2�Waitershed Protection Subsection 6.2.6. Protection of Fragile Areas Randleman Lake Credit Area, the Richland Creek Sub -basin and the Business 85/Riverdale Sub -basin within the City's existing and future jurisdiction (planning jurisdiction) of the following water supply watersheds: (a) Oak Hollow Lake, City Lake, Randleman Lake, and Oakdale Reservoir (Jamestown), which are classified as WS-IV Critical Water Supply Watersheds by the Borth Carolina Environmental Management Commission (EMC); (b) Uwharrie (Lake Reese) and Lake-Thom-A-Lex, which are classified as WS-III Water Supply Watersheds by the EMC. 2. The remaining part of the jurisdiction is the non -water supply watershed that is subject to the National Pollutant Discharge Elimination System Phase II requirements, which apply jurisdiction -wide. B. Incorporation of the WSO District on the Official Zoning Map The boundaries of the WSO are adopted on the Official Zoning Map and incorporated herein by reference. 6.2.6. PROTECTION OF FRAGILE AREAS A. Land Disturbance Minimization 1. Sedimentation and Erosion Control A sedimentation and erosion control plan shall be required in accordance with Section 6.3 of this Ordinance. 2. Development on the Best Soils and Terrain Development on the best soils and terrain of a site is encouraged. Hydric soils and those soils that are highly erodible should be avoided. 3. Low Impact Design Low Impact Design in accordance with Section 6.2.7, Low Impact Design, is encouraged. 4. Conservation Subdivision Development The location of development on soils and terrain most suited to protecting water quality is greatly encouraged by conservation subdivision (see Section 5.14.2, Conservation Subdivision). S. Density Shifting The location of development on soils and terrain most suited to protecting the water quality of water supply reservoirs is encouraged (see Section 6.2.11.G, Density Shifting). B. Floodplain Protection Development in special flood hazard areas shall comply with the requirements of Section 6.4, Flood Damage Prevention. C. Surface Water Buffers 1. Applicability (a) This subsection applies to all development and activities with the exception of activities conducted under the authority of North Carolina, the United States, multiple jurisdictions or local units of government, and forest harvesting and agricultural activities. 6-8 1 City of High Point Development Ordinance CHAPTER 6: ENVIRONMENTAL STANDARDS Section 6.2. Watershed Protection Subsection 6.2.6. Protection of Fragile Areas (b) The NC Division of Water Resources shall administer the requirements of Rule 15A NCAC 02B .0250 and .0295 (Randleman Lake Water Supply Watershed: Protection and Maintenance of Fxisting Riparian Buffers and Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers, respectively) for these jurisdictions and activities. 2. Perennial and Intermittent Surface Water Buffers Required (a) A surface water buffer shall be maintained with a minimum width as specified in Table 6.2.6.C, Minimum Surface Water Buffer Width Requirements, measured landward from the normal water level for lakes and ponds and from the top of the bank of each side for perennial and intermittent streams. (b) Wetlands adjacent to surface waters or within 50 feet of surface waters shall be considered as part of the surface water buffer but are regulated pursuant to 15A NCAC 02H .0506. (C) These surface waters are indicated on any of the following maps or if there is site -specific evidence that indicates the presence of waters not shown on any of these maps: (1) The most recent version of either the United States Geological Survey 1:24,000 scale (7.5 minute quadrangle) topographic maps; or (2) The hard copy Soil Survey maps developed by the USDA Natural Resource Conservation Service; or (3) A map approved by the Geographic Information Coordinating Council and by the NC Environmental Management Commission. (d) Where the specific origination point of a perennial or an intermittent stream is in question, parties subject to this section shall request the Engineering Services Director to make a determination in accordance with Rule 15A NCAC 213 0250(4)(b). • EMPH Perennial Surface Waters 50 100 (Streams, Lakes and Ponds) 30 20 [3] 30 20 [3] 50 Intermittent Surface 50 50 Waters (Streams, Lakes and Ponds) 30 20 [3] 30 20 [3] n/a NOTES: [1] Low Densit.D yevelopment is development that is equal to or less -than 2 dwelling units per acre or 24 percent built=upon area in all watersheds except Randleman Lake. Low Density Development in the Randleman Lake watershed is development that is equal,to or less than 1 dwelling unit per acre or 12 percent built -upon area [2] ,High Density Development is development that is greater than 2 dwelling units per acre or 24 percent" built -upon area in all watersheds except Randleman Lake. High density development in the Randleman Lake watershed is development that is greater than 1 dwelling unit per acre or 12 percent.built-upon area City of High Point Development Ordinance 1 6-9 CHAPTER 6: ENVIRONMENTAL STANDARDS . ectkon 6.2. Watershed Protection Subsection 6.2.6. Protection of Fragile Areas [3] Additional 'buffer :requiremr ents apoly iVhere surface waters abut moderate to steep slopes ir`i.° accordance with Section 5.2.6.D, Slope. and Buffer Protection 3. Exemption Based on On -site Determination (a) When a landowner or other affected party believes that the maps have inaccurately depicted surface waters, the landowner or affected party may submit a stream determination request to the Engineering Services Director, (b) upon request, the Engineering Services Director shall make an on -site determination. (e) The Engineering Services Director may also accept the results of site assessments made by other qualified parties. (d) Any disputes over on -site determinations shall be referred to the Director of the N.C. Division of Water Resources (DWR), in writing. (e) A determination by the Director of the DWR as to the accuracy or application of the maps is subject to review as provided in Articles 3 and 4 of N.C.G.S. 150B. Surface waters that appear on the maps shall not be subject to these buffer requirements if a site evaluation reveals any of the following cases: (1) Ditches and manmade conveyances, to include manmade stormwater conveyances, other than modified natural streams, unless the ditch or manmade conveyance delivers untreated stormwater runoff from an adjacent source directly to an intermittent or perennial stream; (2) Areas mapped as intermittent streams, perennial streams, lakes, ponds or estuaries on the most recent versions of the United States Geological Survey 1:24,000 scale (7.5 minute quadrangle) topographic maps, hard -copy soil survey maps, or other EMC approved stream maps where no perennial water body, intermittent water body, lake, pond or estuary actually exists on the ground; (3) Ephemeral streams; or (4) Ponds and lakes created for animal watering, irrigation or other agricultural uses that are not part of a natural drainage way that is classified in accordance with 15A NCAC 02B .0100. Ponds are part of the natural drainage way when they are hydrologically connected (i.e., the pond is fed by an intermittent or perennial stream) or when they have a direct discharge point to an intermittent or perennial stream. 4. Exemptions for Existing Development and Activities Existing development that was present within a surface water buffer on the effective date the surface water buffer requirements were established is allowed to continue and is exempt from the requirements of Section 6.2.6.C, Surface Water Buffers, to the extent specified below: (a) The exemption of existing development and uses includes but is not limited to existing agriculture, buildings, facilities, ground mounted equipment, utility lines, on -site sanitary sewage systems, maintained 6-10 1 City of High Point Development Ordinance CHAPTER 6: ENVIRONMENTAL STANDARDS Section 6.2. Watershed Protection Subsection 6.2.6. Protection of Fragile Areas lawns and uses any of which involve either specific, periodic management of vegetation or displacement of vegetation by structures or regular activity. (b) Only the portion of the buffer that contains the footprint of the existing development is exempt. (e) Activities necessary to maintain existing development are allowed provided the site remains similarly vegetated, no impervious surface is added within Zone 1 or 2 of the surface water buffer where it did not previously exist, and diffuse flow is maintained. (d) Grading and revegetating of Zone 2 is allowed for existing development upon review and approval of the TRC provided the health of the vegetation in Zone 1 is not compromised, the ground is stabilized, and the existing diffuse flow is maintained. (e) In addition, projects or development specified in 15A NCAC 02B .250 (6)(b) may be determined to be exempted in accordance with the requirements of that section. (f) The exemption to the buffer requirements shall cease when the existing development or use changes to another permissible or non-exempt use. Any new development or use shall be subject to the surface water requirements. 5. New Development and Activities N.C. Administrative Code Section 15A NCAC 02B .0250(9) lists potential new development and activities within the buffer and categorizes them as exempt, allowable, or allowable with mitigation. All development and activities not categorized as exempt, allowable or allowable with mitigation are considered prohibited and may not proceed within the surface water buffer or outside the buffer if the development or activity would impact the buffer, unless a variance is granted in accordance with Section 2.4.18, Watershed Variance. Watershed development plan approval, as provided for in Section 6.2.6.C.9, Watershed Plan Approval, is required for all new development and activity that is not prohibited. Such an approved plan shall constitute written authorization for uses that are allowable or allowable with mitigation and a statement to that effect shall be included on the approved plan. The requirements for each category are as follows: (a) Exempt Development Development and activities designated as exempt are permissible without authorization by the TRC provided that they adhere to the limitations of the activity as defined in NC Administrative Code Section 15A NCAC 02B .0250(9). In addition, exempt development and activities shall be designed, constructed, and maintained to minimize soil disturbance and to provide the maximum water quality protection practicable, including construction, monitoring and maintenance activities. (b) Allowable Development Development and activities designated as allowable may proceed provided that there are no practical alternatives to the requested development or activity in accordance with Section 6.2.6.C.10, Determination of No Practical Alternatives. This includes construction, monitoring, and maintenance activities. City of High 'Point Development Ordinance 1 6-11 CHAPTER 6: ENVIRONMENTAL STANDARDS Settiof'6.2..' Watefslied Protection Subsection 6,2.6. Protection of Fragile Areas (c) Development Allowable with Mitigation Development and activities designated as allowable with mitigation may proceed provided that there are no practical alternatives to the requested development or activity in accordance with Section 6.2.6.C.10, Determination of No Practical Alternatives, and an appropriate mitigation strategy is approved in accordance with Section 6.2.6.C.11, Mitigation. 6. Surface Water Buffer Zones (a) Location Required surface water buffers consist of 2 or 3 zones depending on the density of development and stream classification, as shown in Table 6.2.6.C, Minimum Surface Water Buffer Width Requirements. (1) Zone 1 Zone 1 shall be the first 30 feet landward from the top of the stream bank normal water level of other water bodies on all sides of the surface water measured horizontally on a line perpendicular to a vertical line marking the top of the bank. (2) Zone 2 Zone 2 shall begin at the outer edge of Zone 1 and extend landward a minimum of 20 feet as measured horizontally on a line perpendicular to the surface water. The combined width of Zones 1 and 2 shall be 50 feet on all sides of the surface water. (3) Zone 3 Zone 3 shall begin at the outer edge of Zone 2 and extend landward 50 feet as measured horizontally on a line perpendicular to the surface water. (4) Additional Buffers (i) Refer to Section 6.2.6.D, Slope and Buffer Protection, for additional surface water buffers to protect steep slopes bordering streams. (ii) Such additional buffers would be added to Zone 2. (b) Standards Zones 1 and 2 shall be undisturbed except as allowed in this section. Zone 3 can be disturbed but must remain vegetated in accordance with these standards. (1) Development in Zones 1 and 2 0) New development or land disturbing activities shall not be allowed in Zones 1 or 2 of the surface water buffer, except as allowed in NC Administrative Code Section 15A NCAC 02B .0250(9). (ii) Activities that cross the stream shall be constructed as close to 90 degrees relative to the stream as practicable. (iii) Allowed activities shall minimize built -upon surface area, divert runoff away from surface waters and protect water quality to the maximum extent practical through the use of Best Management Practices. (iv) Grading and revegetating for activities in Zone 2 is allowed providing that the health of the vegetation in Zone 1 is not compromised. 6-12 1 City of High Point Development Ordinance E CHAPTER 6: ENVIRONMENTAL STANDARDS f Section 6.2. Watershed' Protection: Subsection 6.2.6. Protection of Fragile Areas (2) Diffuse Flow Requirements in Zones 1 and 2 The following diffuse flow requirements must be met: (i) Diffuse flow must be maintained to the maximum extent practical through dispersing concentrated flow and re-establishment of vegetation to maintain the effectiveness of the surface water buffer. (H) Concentrated runoff from the new ditches or manmade conveyances must be dispersed into diffuse flow before the runoff enters Zone 2 of the surface water buffer. Existing ditches and manmade conveyances are exempt from this requirement; however, care shall be taken to minimize pollutant loading through these existing ditches and manmade conveyances from fertilizer application or erosion. (iii) Periodic corrective action to restore diffuse flow shall be taken by the landowner if necessary to impede the formation of erosion gullies that allow concentrated flow to bypass treatment in the surface water buffer. (iv) Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow and reestablishing vegetation in new ditches. (v) Concentrated runoff from new ditches or manmade conveyances shall be converted to diffuse flow at non -erosive velocities before the runoff enters Zone 2 of the riparian buffer. (vi) Periodic corrective action to restore diffuse flow in new ditches or manmade conveyances shall be taken if necessary to impede the formation of erosion gullies; and (vii) No new stormwater conveyances are allowed through the buffers except for those specified in NC Administrative Code Section 15A NCAC 02B .0250(9), addressing stormwater management ponds, drainage ditches, roadside ditches and stormwater conveyances. (3) Zone 3 (ii) Zone 3 is required for all high density development. (ii) Zone 3 may be disturbed, but it must remain vegetated. (iii) New development shall not be allowed in Zone 3 of the surface water buffer, except those developments and activities allowed in Zones 1 and 2 where the TRC makes a no practical alternatives determination. (iv) Allowed activities shall minimize built -upon surface area, divert runoff away from surface waters and protect water quality to the maximum extent practical through the use of best management practices. 7. Channelization Channelization of perennial or intermittent streams may be authorized by DWR or the Army Corps of Engineers. However, TRC may authorize access or crossings only in accordance with this Ordinance. City of High Point Development Ordinance 1 6-13 CHAPTER 6: 'ENVIRONMENTAL STANDARDS Section 6:2: Watershed Protection Subsection 6.2.6. Protection of Fragile Areas 8. New Lots in the Surface Water Buffer To the extent practical, no new single-family or duplex residential lots shall be created which are entirely or partly contained within the surface water buffer. 9. Watershed Plan Approval The TRC shall approve a watershed development plan only if the plan proposes to avoid impacts to surface water buffers defined in Section 6.2.6.C, Surface Water Buffers, or where the plan proposes to impact such buffers, it demonstrates that the applicant has done the following, as applicable: (a) Determined the activity is exempt from requirements of this section; (b) Received a determination of no practical alternatives for activities in Zone 3 on the approved watershed development plan from the TRC pursuant to Section 6.2.6.C.10, Determination of No Practical Alternatives; (e) Received approval of a mitigation plan pursuant to Section 6.2.6.C.11, Mitigation, of this Ordinance; or (d) Received a variance pursuant to Section 2.4.18, Watershed Variance. 10. Determination of No Practical Alternatives (a) Applicants undertaking development or activities designated as allowable or allowable with mitigation shall submit a watershed development plan with a request for a no practical alternatives determination to the TRC. The applicant shall certify that the project meets all the following criteria for a determination of no practical alternatives: (1) The basic project purpose cannot be practically accomplished in a manner that would better minimize disturbance, preserve aquatic life and habitat and protect water quality; (2) The use cannot practically be reduced in a size or density, reconfigured or redesigned to better minimize disturbance, preserve aquatic life and habitat and protect water quality; and (3) Best management practices shall be used if necessary to minimize disturbance, preserve aquatic life and habitat and protect water quality. (b) The applicant shall submit a watershed development plan containing at least the following information on a form supplied by the Planning and Development Department in support of their assertion of no practical alternatives determination: (1) An explanation of why this plan for the development or activity cannot be practically accomplished, reduced or reconfigured to better minimize disturbance to the riparian buffer, preserve aquatic life and habitat and protect water quality; and (2) Plans for any best management practices proposed to be used to control the impacts associated with the development or activity. (C) Within 60 days of a submission that addresses subsection (b) above, the TRC shall review the entire project and make a finding of fact as to whether the criteria in subsection (a) of this section have been met. A determination of no practical alternatives shall result in issuance of a certification of the approved watershed development plan. Failure to act within 60 days shall be construed as a finding of no practical alternatives and a certification on the watershed development plan shall be issued to the applicant unless one of the following occurs: (1) The applicant agrees, in writing, to a longer period; 6-14 1 City of High Point Development Ordinance CHAPTER 6: ENVIRONMENTAL STANDARDS j Section 6.2. Watershed Protection Subsection 6.2.6. Protection of Fragile Areas (2) The TRC determines that the applicant has failed to furnish requested information necessary to make a decision; (3) The final decision is to be made pursuant to a public hearing; or (4) The applicant refuses access to its records or premises for the purpose of gathering information necessary for the TRC to make a decision. (d) The TRC may attach conditions to the determination of no practical alternatives thatsupport the purpose, spiritand intent ofthis Ordinance. 11. Mitigation Mitigation in accordance with the requirements of 15A NCAC 02B .0295 shall apply to persons who wish to impact a surface water buffer when one of the following applies: (a) A person has received authorization pursuant to Section 6.2.6.C.10, Determination of No Practical Alternatives, of this section fora proposed development or activity that is designed as allowable with mitigation, or (b) A person has received a variance pursuant to Section 2.4.18, Watershed Variance, of this Ordinance and is required to perform mitigation as a condition of a variance approval. 12. Surface Water Buffer Variances Variances pertain to prohibited uses or activities in the surface water buffer. There are 2 types of variances from the surface water buffer requirements of this section. They are: (a) A major variance, which is a variance that pertains to activities that impact any portion of Zone 1. (b) A minor variance, which is a variance that pertains to activities that impact any portion of Zone 2 of a surface water buffer. 13. Appeals An appeal of determinations of no practical alternatives by the TRC shall comply with Section 2.4.18, Watershed Variance. An appeal pursuant to the requirements of Section 6.2.6.C, Surface Water Buffers, which applies to activities conducted under the authority of the State, the United States, multiple jurisdictions or local units of government, forest harvesting and agricultural activities, shall be referred to the Director of the NCDWR for review, as provided for in North Carolina General Statutes Chapter 150E Articles 3 and 4. D. Slope and Buffer Protection i. Purpose The purpose of this provision is to limit the loss of soil, reduce soil erosion, minimize excess stormwater runoff, lessen the degradation of surface waters, and protect the buffers so established to protect surface waters. To this end, an addition to the surface water buffer requirements of Section 6.2.6.C, Surface Water Buffers, shall be required when intermittent and perennial surface waters abut moderate to steep slopes. 2. Application (a) Such addition to the surface water buffer requirements shall only apply where that portion of the surface water is adjacent to moderate to steep slope areas. City of High Point Development Ordinance 1 6-15 CHAPTER 6: ENVIRONMENTAL STANDARDS Section 6 2'- - Watershed Protection „" I Subsection 6.2.7. Low Impact Design (b) For slopes with a value of 15 percent or less, no additional buffering is required. (C) For slopes of greater than 15 percent up to 25 percent, an additional 15-foot wide undisturbed buffer shall be required. (d) For slopes greater than 25 percent, an additional 30 feet of undisturbed buffer shall be required. (e) These calculations shall be made from each side of the surface water bank. (f) Such additional buffer required by this section shall extend Zone 2 of the surface water buffer. (g) In the case where Zone 3 is required, the extension of the Zone 2 surface water buffer may be offset by an identical decrease in width in Zone 3. 3. Determination (a) The determination of whether such moderate to steep slope areas exist adjacent to a surface water shall be made by making 100 foot long perpendicular measurements at intervals, not greater than 50 feet in length, or at intervals as otherwise determined by the TRC, along the entire length of the surface water as measured from the top of bank. (b) These measurements shall be based on the most recent topographic survey of land that utilizes the smallest contour interval. (c) Applicants should consult the Development Guide for specific calculations, instructions, and illustrations. E. Additional Protection in Watershed Critical Areas Due to the proximity of watershed critical areas to water supply reservoirs, fragile areas including steep slopes near perennial and intermittent streams, wetlands and drainage areas merit additional protection as prescribed in Section 3.8.12, Watershed Overlay (WSO) District. 6.2.7. LOW IMPACT DESIGN A. Goals The primary goals of low impact design are to lower the impact of development on receiving waters, to encourage environmentally sensitive development, to help build communities based on environmental stewardship, and to reduce construction and maintenance costs of the stormwater infrastructure. The use of low impact design shall address these goals through the objectives found in subsection (B) below. B. Objectives 1. Preserve Fragile Areas and Open Space Preserve fragile areas through the following; (a) Avoiding riparian areas, wetlands, steep slopes, high infiltration and hydric soils, (b) Maximizing open space and common area through cluster development where appropriate; and (C) Maintaining open space in a natural condition by reforestation where clearing has occurred. 6-16 1 City of High Point Development Ordinance CHAPTER 6: ENVIRONMENTAL STANDARDS Subsection 6.2.8. General Standards and Restrictions 2. Minimize Land Disturbance and Built -Upon Area Design development to provide the following: (a) Efficient layout to reduce overall length of streets; (b) Shared parking and drives where possible to further reduce built -upon area; and (C) Use of multiple best management practices such as bio-retention cells and infiltration areas to minimize impact. (d) Step floor elevations to fit terrain and avoid slab -on -grade construction to minimize land disturbance. 3. Protect Water Resources Use site design techniques to replicate pre-existing hydrologic site conditions by placing water quality control devices close to the source. Techniques may include the following: (a) Designing driveways and parking areas with vegetated swales and/or sheet flow into infiltration areas; and (b) Using grass swales instead of curb and gutter to increase water filtration. C. Process The low impact design process is established in the City of High Point Stormwater Best Management Practices Design Manual. 6.2.8. GENERAL STANDARDS AND RESTRICTIONS A. Density and Intensity 1. Low Density Development Calculation (a) For low density development, density is measured in dwelling units per acre for single-family and duplex residential developments. (b) For recreational facilities, such as golf courses and tennis and swim clubs lying within a residential development, impacts shall be determined by measuring the built -upon area on the lot or common area and dividing by 3,000 square feet to obtain a dwelling unit equivalency number. (C) Upon approval of a modification by the TRC, low density developments may utilize either the density standard, built -upon area standard, or combination thereof pursuant to Table 6.2.8.A.1, Minimum Stormwater Controls Required in the General Watershed Area and in Non -water Supply Watersheds. (d) For all other residential and nonresidential development, the built -upon area measure shall apply. 2. High Density Development Calculation For all high density development the built -upon area measure shall apply. 3. Density and Built -Upon Area Calculations (a) For the purpose of calculating density, acres shall be gross acres. (b) As an alternative, single-family or duplex residential developments dividing 4 or fewer lots and not constructing streets may use 20,000 square -foot lots where the maximum density is 2 dwelling units per acre and 40,000 square -foot lots where the maximum density is 1 dwelling unit per acre. City of High Point Development Ordinance 1 6-17 CHAPTER 6: ENVIRONMENTAL STANDARDS Section 6.2. Waters hed-.Peotection Subsection 6.2.8. General Standards and Restrictions (C) If single-family or duplex dwellings are intermingled within a development with other uses, then the built -upon area measurement shall apply. (d) When sections of the same development are devoted to single-family or duplex residential development and other sections are devoted to other uses, then the developer may apply the appropriate measurement to the different sections or may use the built -upon area measurement for the entire development. (e) Single-family or duplex residential development using the built -upon area measurement shall assume 3,000 square feet of built -upon area per lot. M The built -upon area maximum shall apply to the entire development, including streets, buildings, drives, and other impervious surfaces. (9) The maximum built -upon area allowed shall be allocated throughout the development. (h) in single-family and duplex residential developments, the allocation to each lot shall be uniform. (i) In all other developments, the allocation may vary among lots. (j) In all cases, the recorded plat shall clearly state each lot's allocation and restrictive covenants shall record these allocations. • S 11MI E r LIN RESIDENTIAL 5 1 du/2 acre 5 6% built -upon area None All watersheds EXCEPT <_ 2 du/acre [2] <_ 24% built -upon area Alternate measures [3] Randleman Lake > 2 du/acre > 24% built -upon area in En eered stormwater g controls [4] 1 du/2 acre <_ 6% built -upon area None 5 1 du/acre <_ 12% built -upon area Alternate measures [3] Randleman Lake > 1 du/acre > 1211/h built -upon area Engineered stormwater controls [4) NOTES:i [1] Single family a:nd duplex6developmentW6tilizing the ow,density opEEonEshall use the density standards except as,approved�by modification pursuant to Section�6 2.8 A 1 Low�Density: Development„Calculat�ori Sig g fa rr�ilycand'duplFex development ex,cee n, the densityk shall use the built upon area standards Multifamily residential and nonresidential development �"Rr � � f � -.. S � - %BEY shall use the built upon area standardmws -,,, 1:.4 Y^ i. ,,h:.p y y - [2]May bentreasetl'to�3dwelli�ng Eunitsperrgross acre or 36'percent�built upon areafor�a� curb I�� dev+e�lopments+sniithout a, and guttEr�s eet system `, +g .>f' %t .� :,� '! .q` k r:aio `4Ps '>3 p$%,d 3 [3]Miternate measures hall�be�in accordance with Section 6 2,8 13�2 :Alternate�Measures Low. xAa". N - 3 Nx2''3.�'� - F}�"` °C-•'^� Cfd� '�i i3Y d � 13&4si_ry De�velopmennUi deyeloprtient tha equal,to5or less than 2 w lli,ng,unisf.pejacre pe cent b -upon area (bu ) n all watersheds except Randlenian Lake flow y, . AD�ensi Q Development m the�,Randleman'Lake watersheclis.development-,that is equal toior less than 1 a:X dwelling u`nit�per acre "r'I built=upon area percent 6-18 1 City of High Point Development Ordinance CHAPTER 6: ENVIRONMENTAL STANDARDS 1 Section 6.2. Watershed Protection' Subsection 6.2.8. General Standards and Restrictions [4] Engineered Stormwater Control in accordance with high density development is development that is greater•than 2 dwelling units per acre or 24 percent bua in all watersheds except Randleman Lake. High Density Development in; the Randleman Lake watershed is development that is greater than 1 dwelling unit per acre or 12 percent bua. e •e ,. , i • , o e • e •' �,�„ t • A �� ALL water supply 1 du/2 acre <_ 6% built -upon area None 2 du/acre _< 24% built -upon area Alternate measures [1] watersheds EXCEPT n/a > 2411/o built -upon area Engineered stormwater Randleman Lake controls [2] <_ 1 du/2 acre <_ 6% built -upon area None > 1 du/2 acre [3] > 6% built -upon area Engineered stormwater Randleman Lake [3] controls [2] NOTES: []] Alternate measures in accordance with Section 6.2.8.8.2, Alternate Measures. [2] Engineered stormwater controls in accordance with Section 6.2.8.13.3, Engineered Stormwater Controls for High Density Development. [3] In Tier 4, residential development > 1du/2 acres and < 1du/acre may use alternate measuresJn accordance with Section 6.2.8.13.2, Alternate'Measures, in lieu of engineered stormwater controls. Muitifamily and nonresidential development > 6 percent and < 12 percent built -upon area may. do the, same: B. Methods of Stormwater Control 1. Vegetated Conveyances for Low Density Development Stormwater runoff shall be transported from the development by vegetated conveyances to the maximum extent practical, as determined by the TRC. 2. Alternate Measures As required by Table 6.2.8.A.1 and Table 6.2.8.A.2., the following stormwater management facilities are considered alternate measures that may be allowed provided that they meet the standards of the City of High Point Stormwater Best Management Practices Design Manual: (a) Extended dry pond; (b) Infiltration trench; (C) Natural infiltration area; (d) Participation in a public or private regional runoff control program, in compliance with Section 6.2.8.C, Participation in a Regional Stormwater Control Program; City of High Point Development Ordinance 1 6-19 CHAPTER 6: ENVIRONMENTAL STANDARDS Section 6.2. Watershed Protection 1 Subsection 6.2.8. General Standards and Restrictions (e) Low impact design; and (f) Any best management practices approved by the Engineering Services Director that complies with the performance standards of control of the first 1/2 inch of rainfall. 3. Engineered Stormwater Controls for High Density Development In accordance with Table 6.2.8.A.1 and Table 6.2.8.A.2, stormwater management facilities, such as wet detention ponds, meeting the performance standards of control of the first 1 inch of rainfall and removal of 8S percent of total suspended solids (TSS) shall be used to control stormwater runoff in compliance with the City of High Point Stormwater Best Management Practices Design Manual. In -lieu of an on -site engineered stormwater control, developments may participate in a regional stormwater control program in compliance with the requirements of Section 6.2.8.C, Participation in a Regional Stormwater Control Program. C. Participation in a Regional Stormwater Control Program 1. Public Regional Stormwater Control Program (a) Where Permitted {1) Where a regional stormwater control program has been established by one or more local governments, or by an authority operating on behalf of one or more local governments, a development may participate in the program in -lieu of any certification of stormwater control required by this section, provided that: (i) The development is within an area covered by a public regional stormwater control program; (ii) Stormwater from the development drains to an existing or funded public regional engineered stormwater control structure which is proposed to be built and is part of the program; (iii) Participation is in the form of contribution of funds, contribution of land, contribution of engineered stormwater control structure construction work, or a combination of these, the total value of which shall be in accordance with a fee schedule adopted by the City or in accordance with an intergovernmental agreement; and (iv) The TRC finds that the watershed development plan is in compliance with all other applicable requirements of this Ordinance. (2) Developments participating in a public regional stormwater control program are encouraged to maintain pre -development hydrology at the project site. (b) Use of Contributions Each contribution from a development participating in a public regional engineered stormwater control structure program shall be used for acquisition, engineering, construction and/or maintenance of 1 or more such structures in the same watershed in which development lies. The use of contributions for these purposes does not preclude the use or imposition of other revenue sources for these purposes. 6-20 1 City of High Point Development Ordinance CHAPTER 6: ENVIRONMENTAL STANDARDS Section 6.2. Watershed Protection. Subsection 6.2.8. General Standards and Restrictions 2. Private Regional Stormwater Control Program (a) Where Permitted (1) Participation in a private regional engineered stormwater control program is permitted where a private off -site stormwater control program has been established by one or more property owners and approved by the TRC. A development may participate in the program in -lieu of any certification of runoff control required by this section, provided that: (i) The development is within an area covered by an off -site engineered stormwater control structure; (ii) Runoff from the development drains to an existing engineered stormwater control structure; (iii) The parties agree to share the cost of any required maintenance and/or construction; (iv) The agreement runs with the property; (v) The agreement is recorded with the appropriate county Register of Deeds in accordance with Section 6.2.8.D.3, Recordation of Improvements; (vi) The Engineering Services Director finds that the watershed development plan is in compliance with all other applicable requirements of this Ordinance. (2) Developments participating in a private regional stormwater control program are encouraged to maintain pre -development hydrology at the project site. D. Improvements 1. Design of Improvements (a) The design of all stormwater management facilities shall be performed by a North Carolina registered professional engineer, approved by the TRC, and meet or exceed the standards of the City of High Point Stormwater Best Management Practices Design Manual. (b) The TRC shall require that a stormwater management facility be positioned on a site such that water quality protection is improved. 2. Construction of Improvements (a) The construction of all stormwater management facilities as shown on an approved watershed development plan shall be completed and have received final approval prior to any plat recordation, or said improvements shall be guaranteed by a surety in accordance with Section 7.2, Financial Guarantees. (b) The construction of all stormwater management facilities as shown on an approved watershed development plan shall be completed and have received final approval prior to the issuance of a certificate of occupancy. (c) If a building permit is not required for a site, then any required stormwater management facility shall be completed prior to installation of any built -upon area on the site. 3. Recordation of Improvements All stormwater management facilities and associated access/maintenance easement(s) shall be recorded on a plat, and a mechanism to ensure their maintenance shall be established and recorded concurrent with or prior to plat recordation. City of High Point Development Ordinance 1 6-21 CHAPTER 6: ENVIRONMENTAL STANDARDS, I I Subsection 6.2.8. General Standards and Restrictions 4. Engineer's Certificate of Completion Required An engineer's Certification of Completion for stormwater management facilities as set out in the City's Development Guide shall be submitted prior to issuance of any building certificate of occupancy. 5. Operation and Maintenance Agreement (a) Maintenance responsibility for stormwater management facilities and their access shall be vested with a responsible party by means of a legally binding and enforceable operation and maintenance agreement that is executed as a condition of plan approval, as provided for in Section 6.2.8.D.3, Recordation of Improvements. (b) The agreement must be approved by the Planning and Development Director and shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the stormwater management facilities. (C) In the case of participation in a regional runoff control program in accordance with Section 6.2.8, General Standards and Restrictions, a binding contract or agreement shall be required for participation. (d) The operation and maintenance agreement shall be referenced on the final plat and shall be recorded with the appropriate county Register of Deeds upon final plat approval. (e) If no subdivision plat is recorded for the site, then the operation and maintenance agreement shall be recorded with the appropriate county Register of Deeds so as to appear in the chain of title of all subsequent purchasers under generally accepted searching principles. (f) The operation and maintenance agreement shall require the owner or owners' association to maintain, repair and, if necessary, reconstruct the stormwater management facilities, and shall state the terms, conditions, and schedule of maintenance for such. (g) The owner of each stormwater management facility installed pursuant to this Ordinance shall maintain and operate it so as to preserve and continue its function in controlling water quality and quantity in accordance with the function for which it was designed. (h) The operation and maintenance agreement shall refer the property owner or owners' association to the City of High Point for specific maintenance requirements of stormwater management facilities. In addition, it shall grant to the City a right of entry in the event that the Public Services Director has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the stormwater management facilities. In no case shall the right of entry, of itself, confer an obligation on the City to assume responsibility for maintenance of the stormwater management facilities. (i) The Public Services Director shall have the responsibility to inspect the engineered stormwater control structures annually, as required by NC Environmental Management Commission, to record the results on forms approved or supplied by the NCDWR, to inspect any other stormwater management facilities as deemed necessary, and to notify the responsible property owner or owners' association when maintenance or repairs are required. (j) All required repairs and maintenance shall be performed within 90 days after such notice. In case of failure by the responsible party to perform 6-22 1 City of High Point Development Ordinance CHAPTER 6: ENVIRONMENTAL STANDARDS Section 6.2. Water§hed Protection Subsection 6.2.8. General Standards and Restrictions the required maintenance or repairs within the stated period, the City may perform such maintenance or repairs and recover all costs attendant thereto from the landowner or owners' association. (k} For all stormwater management facilities required pursuant to this Ordinance that are owned by a private property owner or an owners' association, the required operation and maintenance agreement shall include all of the following provisions: (�) Acknowledgment that the owner or owners' association shall continuously operate and maintain the stormwater management facilities. (2) Establishment of an escrow account, which can be spent solely for sediment removal, structural, biological, or vegetative replacement, major repair, or reconstruction of the stormwater management facilities. If stormwater management facilities are not performing adequately or as intended or are not properly maintained, the City, in its sole discretion, may remedy the situation, and in such instances the City shall be fully reimbursed from the escrow account. (3) Escrowed funds may be spent by the landowner or owners' association for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the stormwater management facilities. (4) Granting to the City a right of entry to inspect, monitor, maintain, repair, and reconstruct stormwater management facilities. (5) Allowing the City to recover from the landowner or owners' association and its members any and all costs the City expends to maintain or repair the stormwater management facilities or to correct any operational deficiencies. (6) Failure to pay the City all of its expended costs, after 45 days written notice, shall constitute a breach of the agreement. (7) In case of a deficiency, the City shall thereafter be entitled to bring an action against the owner or owners' association and its members to pay, or foreclose upon the lien hereby authorized by the agreement against the property, or both. Interest, collection costs, and attorney fees shall be added to the recovery. (8) A statement that this agreement shall not obligate the City to maintain or repair any stormwater management facility, and the City shall not be liable to any person for the condition or operation of stormwater management facilities. (9) A statement that this agreement shall not in any way diminish, limit, or restrict the right of the City to enforce any of its ordinances as authorized by law. (10) A provision indemnifying and holding harmless the City for any costs and injuries arising from or related to the stormwater management facilities, unless the City has agreed in writing to assume the maintenance responsibility and has accepted dedication of any and all rights necessary to carry out that maintenance. City of High Point Development Ordinance 1 6-23 CHAPTER 6: ENVIRONMENTAL STANDARDS section 6.2. Watershed Protection Subsection 6.2.8. General Standards and Restrictions 6. Inspection Program (a) Inspections and inspection programs by the City may be conducted or established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety laws. (b) Inspections may include, but are not limited to: (1) Reviewing maintenance and repair records; (2) Sampling discharges, surface water, groundwater, and material or water in stormwater management facilities; and (3) Evaluating the condition of stormwater management facilities. (c) if the owner or occupant of any land refuses to permit such inspection, the Public Services Director shall proceed to obtain an administrative search warrant pursuant to North Carolina General Statutes Section 15-27.2, as amended. (d) No person shall obstruct, hamper or interfere with the Public Services Director while carrying out their official duties. E. Watershed Development Plan 1. Plan Required A watershed development plan prepared by a North Carolina registered professional engineer in accordance with the requirements of this section shall be submitted to the Planning and Development Director for all development. 2. Construction Plans a Part of Watershed Development Plan The construction plans for required runoff control structure(s) shall be approved as part of the watershed development plan, and prior to issuance of any building or land disturbance permit on a site. For subdivisions, construction plans shall be submitted in accordance with Section 2.5.11, Preliminary Plat. 3. Master Watershed Development Plan (a) Where authorized by the TRC, a master watershed development plan may be approved for certain large-scale nonresidential and multi -family developments, in -lieu of a watershed development plan with the required construction plans. (b) Where authorized, the master watershed development plan shall be approved by the TRC prior to the recordation of any plat, or issuance of any grading or building permits for the total site. (C) Prior to the approval of any site plans or group development plans, grading permit, or building permit for any development site included on a given master watershed development plan, a site -specific watershed development plan shall be approved subject to the requirements of this section. 4. Plan Approval The TRC shall approve any watershed development plan that is in conformance with the requirements of this section. 5. Approved Plan a Prerequisite A watershed development plan shall be approved prior to the recordation of any plat, or issuance of any grading permit or building permit for the site. The Planning and Development and the Engineering Services Director are not authorized to issue any permits for development on any land unless a watershed development plan is approved, if one is required. 6-24 1 City of High Point Development Ordinance CHAPTER 6. ENVIRONMENTAL STANDARDS Subsection 6.2.9. General Watershed Area and Watershed Critical Area Established 6. Engineered Stormwater Controls and Alternate Measures When a permanent engineered stormwater control structure or alternate measure, including participation in a regional stormwater control program, is required for a development to comply with the requirements of this section, a North Carolina registered professional engineer shall prepare the plan with the Engineer's Certification of Runoff Control as set out in the City's Development Guide affixed, signed, sealed, and dated. 6.2.9. GENERAL WATERSHED AREA AND WATERSHED CRITICAL AREA ESTABLISHED The standards in this section shall apply to lands within an individual WSO district in addition to the standards in Section 6.2.8, General Standards and Restrictions. A. District Components Each WSO district is divided into 2 sub districts: the General Watershed Area (GWA), and the Watershed Critical Area (WCA). 1. General Watershed Area (GWA) The General Watershed Area (GWA) component includes all land draining into a designated water supply reservoir within the City's jurisdiction, but outside the Watershed Critical Area Overlay component. For the purposes of this section, the following constitute the designated water supply reservoirs: (a) Oak Hollow Lake; (b) City Lake; (c) Oakdale Reservoir (Jamestown); (d) Randleman Lake; (e) Uwharrie (Lake Reese); and M Lake Thom-A-Lex. 2. Watershed Critical Area (WCA) (a) Location (1) The Watershed Critical Area (WCA) component covers the portion of the WSO subarea adjacent to a designated water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. (2) The WCA component boundary extends either minimum of 2,750 feet outward from the normal pool elevation of the reservoir in which the intake is located or to the ridgeline of designated water supply reservoir basins, whichever is closer to the normal pool elevation. (3) In the case of major streams feeding the water supply reservoir (i.e., East and West Forks of the Deep River and Hiatt Branch), the WCA subarea boundary extends to the nearest identifiable major feature which crosses the stream, and which is at least 2,750 feet upstream of the reservoir measured horizontally, except for the West Fork of the Deep River upstream from Oak Hollow Lake, where the major identifiable feature shall be defined as Sandy City of High Point Development Ordinance 1 6-25 CHAPTER.6:N ENVIRONMENTAL. STANDARDS Sectiori.6.2. Watershed Protection Subsection 6.2.10. Standards Applicable in the GWA Ridge Road. The identifiable major feature may be a street, railroad, easement, or other means of travel, which can be used by emergency personnel to respond to spills. (b) Tiers Each WCA is comprised of 4 separate tiers, which are designated as follows: (1) Tier 1 Tier 1 consists of those lands within 200 feet measured horizontally from the pool elevation of the designated reservoir, which is 803 feet above mean sea level for Oak Hollow Lake, 756 feet above mean sea level for City Lake, 716 feet above mean sea level for Oakdale Reservoir, and 682 feet above mean sea level for Randleman Lake. (2) Tier 2 Tier 2 consists of those lands lying within an area bounded by Tier 1 and a line parallel to and 750 feet in distance from the normal pool elevation. (3) Tier 3 Tier 3 consists of those lands lying within an area bounded by Tier 2 and a line parallel to and 2,750 feet, measured horizontally from the normal pool elevation, or to the boundary of the WCA, whichever comes first, for all WCAs except the Randleman Lake WCA, Randleman Lake's WCA consists of those lands lying within an area bounded by Tier 2 and a line parallel to and 3,000 feet measured horizontally from the normal pool elevation, or to the boundary of the WCA, whichever comes first, except that Tier 3 along Richland Creek consists of those lands lying within an area bounded by Tier 2 and a line parallel to and 2,640 feet (1/2 mile) measured horizontally from the normal pool elevation or to the boundary of the WCA, whichever comes first. (4) Tier 4 Tier 4 consists of those lands lying in the area between the boundary of Tier 3 and the WCA boundary. B. District Boundaries The district boundaries for each WSO are shown on the City of High Point Watershed Map, which is incorporated herein by reference. WSO boundaries shall be determined in accordance with Section 3.1.5, Official Zoning Map, and Section 2.5.4, Determination. 6.2.10. STANDARDS APPLICABLE IN THE GWA A. Prohibited Uses The following uses and activities are prohibited in a GWA: 1. All hazardous or toxic substance generators or handlers as defined in this Ordinance; and 2. Establishment of a new public or private major landfill or expansion of an existing private major landfill. 6-26 1 City of High Point Development Ordinance CHAPTER 6: ENVIRONMENTAL STANDARDS Section 6.2. Watershed Protection Subsection 6.2.11. Standards Applicable in the WCA B. Built -Upon Area Limitations 1. Limits in Oak Hollow Lake, City Lake, and Oakdale Reservoir Watersheds Oafs Hollow Lake, City Lake, and Oakdale Reservoir are classified as WS IV CW water supply watersheds, and development in the GWA shall not exceed 70 percent built -upon area. 2. Limits in Randleman Lake Watershed Randleman Lake is classified as a WS IV CW water supply watershed, and development in the Randleman Lake GWA shall not exceed 50 percent built -upon area, except as provided below: (a) In the Randleman Lake Downtown Area, as shown on the City of High Point Watershed Map, development shall not exceed 90 percent built -upon area. (b) In the Randleman Lake Credit Area, which is in the Deep River 1 sub -basin as shown on the City of High Point Watershed Map, nonresidential development shall not exceed 70 percent on parcels totaling a maximum of 2,357 acres. (C) Allocation shall be made on a first come, first served basis. An allocation shall be assigned when a building permit for the site is issued, site plan is approved, or the preliminary subdivision plat for a development is approved. Expiration of a building permit, site plan approval, or preliminary plat approval shall terminate the allocation identified in this subsection. 3. Limits in the Uwharrie (Lake Reese) and Lake Thom-A-Lex Watersheds Uwharrie (Lake Reece) and Lake Thom-A-Lex are classified as WS III water supply watersheds, and development in the GWA shall not exceed 50 percent built -upon area, except as otherwise as provided below: (a) 10 percent of the City's portion of the Uwharrie (Lake Reese) Watershed and the Lake Thom-A-Lex Watershed may be developed with new nonresidential development at up to 70 percent built -upon area. (b) Allocation shall be made on a first come, first served basis. An allocation shall be assigned when a building permit for the site is issued, site plan is approved, or the preliminary subdivision plat for a development is approved. Expiration of a building permit, site plan approval, or preliminary plat approval shall terminate the allocation identified in this Subsection. 6.2.11. STANDARDS APPLICABLE IN THE WCA A. Prohibited Uses In addition to the limitations in Table 4.1.9, Principal Use Table, the following uses are prohibited in a WCA: 1. Any use that employs, sells, or relates to petroleum, petroleum -based products, or equipment that uses petroleum; 2. Any use that involves or relates to chemicals, fertilizer, pesticides, explosives, or phosphorous; 3. Any use that involves or relates to the manufacture of paper, rubber, concrete, metals, or textiles; City of High Point Development Ordinance 1 6-27 CHAPTER.6: ENVIRONMENTAL STANDARDS Section 6,2. Watee!§h6d Protection Subsection 6.2.11. Standards Applicable in the WCA 4. Any use that relates to the collection, processing, or storage of refuse or waste products; 5. Any use that relates to or involves livestock or animal -related products or services; and 6. Any use that involves or relates to commercial, physical, or biological research. B. Containment Structures Storage tanks for fuels and chemicals and associated pumping and piping allowed in the WCA shall have a spill containment system approved by the Planning and Development Director and the Fire Marshall and shall comply with the following: 1. Containment systems shall be of sufficient volume to contain 100 percent of all the tank(s) contents stored in the area and shall have a leak detection system. 2. Tanks and containment structures shall not be placed closer than 1,000 feet to the normal pool elevation of the applicable reservoir. 3. Except when abutting an LI or HI zoning district, a containment system shall be a minimum of 50 feet from the lot line. 4. Provisions shall be made to remove stormwater without removal of the product except for mistable materials. S. Contaminated water may not be discharged to the sewer system without a permit or to a water body or to a water -course. C. Underground Storage Tanks Except for the replacement of existing tanks, underground storage tanks for fuels and chemicals are prohibited in the WCA, D. Point Source Discharges 1. No new wastewater treatment plants of any kind or expansion of any existing private wastewater facilities shall be permitted in the WCA. 2. Industrial pre-treatment facilities that prepare wastewater for discharge into a public sewer system shall be permitted in the WCA, E. Slopes Greater than 15 Percent and Wetlands 1. Slopes greater than 15 percent lying adjacent to natural drainageways, intermittent streams, perennial streams, and wetlands shall remain in a natural and undisturbed condition except for road crossings, utilities, erosion control devices, and runoff control devices. 2. Dedication of these areas to the City as drainageway and open space may be required when authorized by Section 7.1.6.G, Drainage, or any other provision in this Ordinance. 3. Where dedication is not required, a water quality conservation easement shall be recorded over wetlands and slopes greater than 15 percent. 4. Where a water quality conservation easement serves to bring 2 or more lots into compliance with WCA requirements, the TRC may require that the wetlands and slopes covered by such easements be held as common area by an owners' association. S. The natural ground cover and natural tree canopy within a water quality conservation easement shall be preserved except when removal is authorized by the Public Services Department as part of the following: (a) Construction or maintenance of a public utility by the City or a designee; 6-28 1 City of High Point Development Ordinance CHAPTER 6: ENVIRONMENTAL STANDARDS Section 6.2. Watershed' Protection Subsection 6.2.11. Standards Applicable in the WCA (b) Construction or maintenance of soil erosion and sedimentation control structures by the developer of the land, in accordance with Section 2.5.10, Land Disturbance Permit. After these structures are no longer needed, they shall be removed and the water quality conservation easement restored to a natural state; (C) Normal maintenance by mechanical means for the removal of dead, diseased, deformed, poisonous, or noxious vegetation and pests harmful to health; and (d) Mowing of utility areas. fi. Nothing in this subsection shall supersede the surface water buffer requirements of Section 6.2.6.C, Surface Water Buffers. F. Drainage Drainage within the WCA shall be provided by means of open channels, unless it is determined by the TRC that better water quality protection is provided by alternative means. Z. Drainageways shall have protected channels or remain in a natural, undisturbed state, except for road crossings, utilities, erosion control devices, runoff control devices, and desirable artificial stream bank stabilization. 3. No new development shall be allowed in a drainageway except that water dependent structures and public projects such as greenways may be allowed where no practicable alternative exists. Where these activities are allowed, they shall minimize built -upon surface area and maximize the utilization of Best Management Practices (BMP's). 4. Perennial and intermittent streams, lakes and ponds shall be protected as specified in Section 6.2.6.C, Surface Water Buffers. G. Density Shifting 1. The location of development on soils and terrain most suited to protecting the water quality of water supply reservoirs is encouraged in the WCA by density shifting. The overall density of a development utilizing density shifting shall meet the applicable WCA density and stormwater control requirements, except as modified by this sub -section. Built -upon areas within such developments shall be designed and sited to minimize stormwater runoff impact to the receiving waters, and the remainder of the tract should remain in an undisturbed or natural state. 2. Density shifting is utilized in developments having lot sizes in accordance with the minimum area permitted by the underlying zoning district or in approved conservation subdivisions. Through density shifting, developments may increase the maximum permitted residential densities otherwise established in this Ordinance if the development rights attached to acreage located within a tier are transferred within the same tract to an adjacent tier located farther from the water supply reservoir. Such transfer shall permit an additional number of dwelling units in the receiving tier. This addition is calculated by adding the density or dwelling units transferred from the adjacent tier to the density or dwelling units permitted in the receiving tier. The dwelling units permitted by acreage transfer from an adjacent tier shall be in addition to the number of dwelling units otherwise permitted in the receiving tier, but in no case shall the density allowed by the underlying zoning district be exceeded. City of High Point Development Ordinance 1 6-29 CHAPTER 6: ENVIRONMENTAL STANDARDS Section 6.2. `Wat&9hed Prot+ ction: Subsection 6.2.12. Individual Water Supply Watersheds H. Public Sanitary Sewer Required Except for development in the Randleman Lake WCA constructed under the low density option, all new development in a WCA shall be served by public sanitary sewer. 6.2.12. INDIVIDUAL WATER SUPPLY WATERSHEDS A. Oak Hollow Lake 1. GWA Built -Upon Area Limits Development in Oak Hollow Lake GWA shall not exceed 70 percent built -upon area. 2. WCA Density and Built -Upon Area Limits Density and built -upon area in the Oak Hollow Lake WCA shall be as follows: (a) Tier 1: None, except for public water dependent structures. (b) Tier 2: 1 dwelling unit per acre. (C) Tier 3: 2 dwelling units per acre or 35 percent built -upon area. (d) Tier 4: 2 dwelling units per acre or 50 percent built -upon area. B. City Lake 1. GWA Built -Upon Area Limits Development in City Lake GWA shall not exceed 70 percent built -upon area. 2. WCA Density and Built -Upon Area Limits Density and built -upon area in the City Lake WCA shall be as follows: (a) Tier 1: None, except for public water dependent structures. (b) Tier 2: 1 dwelling unit per acre. (C) Tier 3: 2 dwelling units per acre or 35 percent built -upon area. (d) Tier 4: 2 dwelling units per acre or 50 percent built -upon area. C. Oakdale Reservoir 1. GWA Built -Upon Area Limits Development in Oakdale Reservoir GWA shall not exceed 70 percent built -upon area. 2. WCA Density and Built -Upon Area Limits Density and Built -Upon Area in Oakdale Reservoir WCA shall be as follows: (a) Tier 1: None, except for public water dependent structures. (b) Tier 2: 1 dwelling unit per acre. (C) Tier 3: 2 dwelling units per acre or 35 percent built -upon area. (d) Tier 4: Oakdale Reservoir does not have a Tier 4. D. Randleman Lake 1. GWA Built -Upon Area Limits Development in the Randleman Lake GWA shall not exceed 50 percent built -upon area, except as otherwise provided below: (a) In the Randleman Lake Downtown Area, as shown on the High Point Watershed Map, development shall not exceed 90 percent built -upon area. (b) In the Randleman Lake Credit Area, as shown on the High Point Watershed Map, nonresidential development shall not exceed 70 percent on parcels totaling a maximum of 2,357 acres. 6-30 1 City of High Point Development Ordinance CHAPTER 6: ENVIRONMENTAL STANDARDS ion 6.2. Subsection 6.2.12. Individual Water Supply Watersheds (C) Allocation shall be made on a first come, first served basis. An allocation shall be assigned when a building permit for the site is issued, site plan is approved, or the preliminary subdivision plat for a development is approved. Expiration of a building permit, site plan approval, or preliminary plat approval shall terminate the allocation. 2. WCA Density and Built -Upon Area Limits Density and built -upon area in the Randleman Lake WCA shall be as follows: (a) Tier 1: None, except for public water dependent structures. (b) Tier 2: 1 dwelling unit per 5 acres or 2.5 percent built -upon area. (C) Tier 3: 1 dwelling unit per 3 acres or 4 percent built -upon area, except that up to 30 percent built -upon area shall be permitted in accordance with Section 6.2.12.D.3, WCA High Density Option. (d) Tier 4: 1 dwelling unit per acre or 12 percent built -upon area, except that up to 40 percent built -upon area shall be permitted in accordance with Section 6.2.12.D.3, WCA High Density Option. 3. WCA High Density Option Built -upon area in the Randleman Lake WCA may be increased in the following sub -basins using the high density option, provided: (a) In Tier 3 of the Richland Creek sub -basin, a total of 255 acres may be developed with nonresidential development under the high density option at 30 percent built -upon area. (b) In the Business 85/Riverdale Road sub -basin, a total of 482 acres may be developed with nonresidential development under the high density option at 30 percent built -upon area in Tier 3 and 40 percent built -upon area in Tier 4. However, of that total 482 acres in the Business 85/Riverdale Road sub -basin, only a maximum of 284 acres shall be developed in Tier 3. (C) Allocation shall be made on a first come, first served basis. An allocation shall be assigned when a building permit for the site is issued, site plan is approved, or the preliminary subdivision plat for a development is approved. Expiration of a building permit, site plan approval, or� preliminary plat approval shall terminate the allocation. E. Uwharrie (Lake Reece) Development in a WS-III GWA shall not exceed 50 percent built -upon area, except as otherwise provided below: 1. 10 percent of the City's portion of the Uwharrie (Lake Reese) Watershed, as delineated on July 1, 1993, may be developed with new nonresidential development at up to 70 percent built -upon area. 2• Allocation shall be made on a first come, first served basis. An allocation shall be assigned when a building permit for the site is issued, site plan is approved, orthe preliminary subdivision plat for a development is approved. Expiration of a building permit, site plan approval, or preliminary plat approval shall terminate the allocation. F. Lake Thom-A-Lex Development in a WS-ITT GWA shall not exceed 50 percent built -upon area, except as otherwise provided below: 1, 10 percent of the City's portion of the Lake Thom-A-Lex Watershed, may be developed with new nonresidential development at up to 70 percent built -upon area. City of High Point Development Ordinance 1 6-31 CHAPTER 6: ENVIRONMENTAL. STANDARDS Section 6:2: WAtershed,Pr.'otection i I Subsection 6.2.13. Watershed Modifications 2• Allocation shall be made on a first come, first served basis. An allocation shall be assigned when a building permit for the site is issued, site plan is approved, or the preliminary subdivision plat for a development is approved. Expiration of a building permit, site plan approval, or preliminary plat approval shall terminate the allocation. 6.2.13. WATERSHED MODIFICATIONS A. General 1. The TRC is authorized to modify this section and accept an alternate means of accomplishing the purposes of this Ordinance for those watershed requirements that are more stringent than the State minimum watershed requirements. 2. Where such watershed requirements are State minimum requirements, then a departure from those requirements shall only be considered in accordance with Section 2.4.18, Watershed Variance, B. Grounds for Modification In considering a watershed modification, the TRC shall determine that the modification request meets one or more of the following findings: 1. Equal or Better Performance (a) A finding by the TRC that equal or better performance in furtherance of the purposes of this Ordinance will result from the alternate standards portrayed on the plan constitutes grounds for approval of a modification. The evaluation of performance shall be made with regard to overall performance in furtherance of the purposes of this Ordinance. (b) If an alternate standard as portrayed on the plan reduces performance with regard to one or more Ordinance purposes but produces a concomitant and counterbalancing superiority of performance with regard to one or more other purposes, a modification may be approved. 2. Physical Constraints A finding by the TRC that the size, topography, or existing development of the property or of adjoining areas prevents conformance with a standard constitutes grounds for approval of a modification. 3. Other Constraints A finding by the TRC that a federal, state or local law or regulation prevents conformance with a standard constitutes grounds for approval of a modification. 4. Conditions (a) In approving a modification, the TRC may prescribe such reasonable and appropriate conditions and safeguards as will assure that the use of the land will: (1) Be compatible with surrounding lands; (2) Not alter the essential character of the neighborhood; and (3) Support the purposes of this Ordinance. (b) Violations of conditions and safeguards that are part of the terms of modification approval shall be deemed a violation of this Ordinance. (C) An approved modification is part of an approved watershed plan and shall have the same duration as the plan approval. 6-32 1 City of High Point Development Ordinance CHAPTER 6: ENVIRONMENTAL STANDARDS 1 Section 6.2. Watershed Protection Subsection 6.2.14. Watershed Accounting 6.2.14. WATERSHED ACCOUNTING A. Randleman Lake GWA Built -Upon Area Limits The Planning and Development Director shall keep records on the City's use of the provision allowing land in the Randleman Lake GWA to be developed with a maximum of 70 percent built -upon area. Records for the watershed shall include the total area of the GWA, total acres eligible to be developed under this provision, total acres approved for development under this provision, and individual records for each project with the following information: location, number of developed acres, type of land use and stormwater management plan. B. Randleman Lake WCA Built -Upon Area Limits 1. The Planning and Development Director shall keep records on the City's use of the provision allowing land in the Richland Creek sub -basin and the Business 85 Riverdale Road sub -basin of the Randleman Lake WCA to be developed with a maximum of 30 percent built -upon area in Tier 3 and 40 percent built -upon area in Tier 4. High density nonresidential development shall be limited in the WCA to these 2 sub -basins of the Randleman Lake Watershed, as shown on the High Point Watershed Map. 2. Records for the watershed shall include the total area of the WCA, total area of Tiers 3 and 4 of the WCA within the 2 sub -basins, total acres eligible to be developed in Tiers 3 and 4 under this provision, total acres approved for development under this provision, and individual records for each project with the following information: location, number of developed acres, type of land use and stormwater management plan. C. 10/70 Provision 1. The Planning and Development Director shall keep records on the City's use of the provision allowing a maximum of 10 percent of the GWA of the Uwharrie (Lake Reese) Watershed and the Lake Thom-A-Lex Watershed to be developed with a maximum of 70 percent built -upon area. Records for the watershed shall include the total area of the watershed's GWA, total acres eligible to be developed under this provision, total acres approved for development under this provision, and individual records for each project with the following information: location, number of developed acres, type of land use and stormwater management plan. 2. Development under this provision requires engineered stormwater controls. D. Record Keeping The Planning and Development Director shall keep a record of all watershed variances, stream determinations and determinations of no practical alternatives. This record shall be submitted for each calendar year to the Borth Carolina Division of Water Resources on or before January 1 of the following year and shall provide a description of each project receiving a variance, stream determination or determination of no practical alternatives and the reasons for granting them. City of High Point Development Ordinance 1 6-33 CHAPTER 6: ENVIRONMENTAL STANDARDS - Section 6.3., Soil -Erosion and Sedimentation I Subsection 6.3.2. Exemptions 6.3.1. APPLICABILITY A. General 1. Unless exempted by this section, no person shall initiate any land -disturbing activity without a soil erosion and sedimentation control plan and a land disturbance permit in accordance with Section 2.5.10, Land Disturbance Permit, if the land -disturbing activity: (a) Exceeds 1 acre (lands under one ownership or diverse lands being developed as a unit shall be aggregated); (b) Is located on highly erodible soils with a "k" factor greater than 0.36; (c) Includes a water quality pond or retention structure in a watershed, or drains into a water quality pond or retention structure in any part of a watershed; (d) Is located in a Tier 1 or Tier 2 portion of a WCA; (e) Is located in an existing uncovered area requiring extensive soil erosion control measures in accordance with Subsection 6.3.13, Existing Uncovered Areas; or (f) Requires extensive erosion control measures. B. Protection of Property A person conducting land -disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity. 6.3.2. EXEMPTIONS The following activities are exempted from the requirements of Section 2.5.10, Land Disturbance Permit, and the standards in this section: A. A land -disturbing activity which is essential to protect human life during an emergency; B. A land -disturbing activity undertaken in areas that do not comply with Section 6.3.1.A.1(b)-(f) above; C. The stockpiling of raw or processed sand, stone, or gravel in material processing plants and storage yards, provided sediment control measures are utilized to protect against off -site damage; D. A land -disturbing activity undertaken on agricultural land for the raising of plants or animals useful to man, including but not limited to: 1. Forage and sod crops, grain 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 or goats, including the breeding and grazing of any or all such animals; S. Bees and aviary products; and 6. Fur animals. 6-34 1 City of High Point Development Ordinance CHAPTER 6: ENVIRONMENTAL STANDARDS Section 6.3. Soil`Erosion and Sedimentatiod Subsection 6.3.3. Soil Erosion and Sedimentation Control Plan E. A land -disturbing activity undertaken on forest land for the production and harvesting of timber and timber products, which are conducted in accordance with Forest Practice Guidelines Related to Water Quality (Best Management Practices) as adopted by the North Carolina Department of Environment and Natural Resources (DENR). The landowner shall provide the Office of Erosion Control a copy of the Reforestation/Regeneration Plan and the Forest Stewardship Program Plan for review of the Erosion and Sedimentation Control Plan. A Forest Stewardship Plan submitted under the guise of any reason other than that of a true Forest Stewardship Plan (subdivision or commercial development) shall be void. The plan shall be treated as a subdivision or commercial development and shall be governed under the approximate standard within this Ordinance. If land -disturbing activity undertaken on forestland for the production and harvesting of timber and timber products is not conducted in accordance with Forest Practice Guidelines Related to Water Quality, the provisions of this Ordinance shall apply to such activity and any related land -disturbing activity on the tract; F. A land -disturbing activity undertaken by persons as defined in North Carolina General Statutes Section 113A-52(8) who are otherwise regulated by the provisions of The Mining Act of 1971, North Carolina General Statutes Section 74-46 through 74-68; and G. A land -disturbing activity undertaken on lands over which the State has exclusive regulatory jurisdiction as provided in North Carolina General Statutes Section 113A-56(a). 6.3.3. SOIL EROSION AND SEDIMENTATION CONTROL PLAN Land -disturbing activities subject to the standards in this'section shall require prior approval of a soil erosion and sediment control plan prepared in accordance with the following standards. A. Preparation of Plan 1. The soil erosion and sedimentation control plan shall be prepared by, and shall bear the seal and signature of a licensed professional engineer, registered landscape architect, certified professional in erosion and sedimentation control (CPESC), or a registered surveyor to the extent permitted by North Carolina law, at a scale not less than 1 inch equals 100 feet. 2. The plan shall be filed with the Planning and Development Director, and the applicable Soil and Water Conservation District, 30 days prior to the commencement of the proposed activity. 3. Plans submitted for sites less than 1 acre do not require a seal and signature of a licensed professional engineer, registered landscape architect, certified professional in erosion and sedimentation control (CPESC), or registered surveyor. B. Submission of Plan 1. A person conducting land -disturbing activity that proposes to disturb or uncover 1 or more acres shall submit an erosion control plan with the Engineering Services Director, at least 30 days prior to beginning such activity and shall keep another copy of the plan on file at the job site. 2. If the Engineering Services Director, 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 Engineering Services Director shall require a revised plan. City of High Point Development Ordinance 1 6-35 CHAPTER 6: ENVIRONMENTAL STANDARDS _._ Section 6.3. SoiLErdsion and Sedimentation I Subsection 6.3.3. Soil Erosion and Sedimentation Control Plan 3. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the appropriate authority. C. Financial Responsibility Statement 1. Soil erosion and sedimentation control plans shall be disapproved unless accompanied by an authorized statement of financial responsibility and ownership. 2. This statement shall be signed by the person financially responsible for the land -disturbing activity or his attorney in fact. 3. The statement shall include the mailing and street addresses of the principal place of business of the person financially responsible and landowner, or their registered agents. 4. 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 North Carolina Environmental Policy Act, this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance. D. Plan Requirements 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 land and the measures proposed to ensure compliance with the requirements of this section. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for plan preparation can be found in the Development Guide. E. North Carolina Division of Water Resources Approval Required The landowner or developer shall forward to the Director of the North Carolina Division of Water Resources, a plan for any land -disturbing activity that involves the utilization of ditches for the purpose of de -watering or lowering the water table of a tract. Written documentation of this plan submittal shall be provided to the Engineering Services Director prior to approval of an erosion and sedimentation control plan. F. Conservation District Review Within 20 days of receipt of any plan, the applicable Soil and Water Conservation District shall review it and submit its comments and recommendations to the Engineering Services Director. Failure of the Soil and Water Conservation District to submit its comments and recommendations within 20 days shall not delay final action on the plan. G. Engineering Services Director Review 1. The Engineering Services Director shall review each complete plan submitted within 30 days of the date it is determined complete and notify the person submitting the plan that it is approved, approved with conditions, approved with performance reservations, or disapproved. 2. Failure to approve or disapprove a soil erosion and sedimentation control plan within 30 days of the date it is determined to be complete shall result in its being approved. 3. If the plan is disapproved, the reasons for the denial shall be stated in writing. 6-36 1 City of High Point Development Ordinance CHAPTER 6: ENVIRONMENTAL STANDARDS E Section 6.3. Soil Erosion and Sedimentation Subsection 6.3.3. Soil Erosion and Sedimentation Control Plan 4. The Engineering Services Director shall approve or deny a revised soil erosion and sedimentation control plan within 15 days of receipt, or it shall be deemed approved. 5. If, following commencement of a land -disturbing activity pursuant to an approved plan, the Engineering Services Director determines that the plan is inadequate to meet the requirements of this Ordinance, the Engineering Services Director may require revisions as necessary for compliance. 6. A plan submitted fora land -disturbing activity forwhich an environmental document is required by the North Carolina Environmental Policy Act (North Carolina General Statutes Section 113A-1, et seq.) shall be deemed incomplete until a complete environmental document is available for review. The Engineering Services Director shall promptly notify the person submitting the plan that the 30 day time limit for review of the plan pursuant to this section shall not begin until a complete environmental document is available for review. H. Grounds for Plan Denial A soil erosion and sedimentation control plan shall be disapproved if: 1. It fails to adequately meet the basic control objectives or detail provisions of this Ordinance; 2. Implementation of the plan would result in a violation of rules adopted by the Environmental Management Commission to protect riparian buffers along surface waters; or 3. If its content is inadequate. I. Other Denials ]. A soil erosion and sedimentation control plan shall be disapproved if there is a finding that an applicant, a parent, subsidiary, or other affiliate of the applicant: (a) 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 North Carolina Sedimentation Control Commission or the Engineering Services Director and has not complied with the notice within the time specified in the notice; (b) Has failed to pay a civil penalty assessed pursuant to the Environmental Policy Act or this Ordinance which is due and for which no appeal is pending; (e) Has been convicted of a misdemeanor pursuant to North Carolina General Statutes Section 113A-64(b) or any criminal provision of this Ordinance; or (d) Has failed to substantially comply with State rules adopted pursuant to the Act or regulations of this Ordinance. 2. For purposes of this subsection, an applicant's record may be considered for only the 2 years prior to the application date. J. Application Amendments An amendment to a soil erosion and sedimentation control plan may be submitted in written and/or graphic form and shall be reviewed in the same manner as the original application. Until such time as the amendment is approved, the land -disturbing activity shall not proceed except in accordance with the plan as originally approved. City of Kigh Point Development Ordinance 1 6-37 CHAPTER 6-. ENVIRONMENTAL STANDARDS Subsection 6.3.4. Basic Control Objectives K. Work Conducted from Approved Plan A person engaged in land -disturbing activity who fails to file a plan in accordance with this Ordinance, or who conducts a land -disturbing activity except in accordance with provisions of an approved plan shall be deemed in violation of this Ordinance. L. Plan Approval Required for Permit If land -disturbing activity is subject to the requirements of this section, a building permit shall not be issued unless a soil erosion and sedimentation control plan is submitted to the Engineering Services Director, a land disturbance permit issued in accordance with Section 2.5.10, Land Disturbance Permit (if required), and initial soil erosion and sedimentation control devices are installed and are functioning properly. M. Work Completed Before Final Subdivision Approval A final plat approval or certificate of occupancy shall not be issued unless work at the site is completed in accordance with a valid land disturbance permit, or financial guarantee is approved and accepted as required by this Ordinance. N. Financial Guarantee The applicant for a land -disturbing permit to grade more than 1 acre may be required to file with the Engineering Services Director a financial guarantee to cover all costs of protection of the site according to requirements of this Ordinance. The guarantee shall remain in force until the work is completed in accordance with the land disturbance permit and the work is approved by the Engineering Services Director. Upon violation of this Ordinance, the financial guarantee shall be used to establish protective cover on the site, to control the velocity of runoff, and/or prevent off -site sedimentation. Any funds in excess of the cost of providing protective measures shall be refunded to the appropriate person. 6.3.4. BASIC CONTROL OBJECTIVES A soil erosion and sedimentation control plan may be disapproved pursuant to Section 6.3.3.1-1, Grounds for Plan Denial, if the plan fails to address the following control objectives: A. Identify Critical Areas On -site areas which are subject to severe erosion, and off -site areas which are especially vulnerable to damage from erosion and/or sedimentation, are to be identified and receive special attention; B. Limit Time of Exposure All land -disturbing activity is to be planned and conducted to limit exposure to the shortest feasible time; C. Limit Exposed Areas All land -disturbing activity is to be planned and conducted to minimize the size of the area to be exposed at any one time; D. Control Surface Water Surface water runoff originating upgrade of exposed areas should be controlled to reduce erosion and sediment loss during the period of exposure; E. Control Sedimentation All land -disturbing activity is to be planned and conducted so as to prevent off -site sedimentation damage; and 6-38 1 City of High Point Development Ordinance CHAPTER 6: ENVIRONMENTAL STANDARDS I Section 6.3. Soil Erosion and Sedimentation Subsection 5.3.5. Mandatory Standards for Land -Disturbing Activity F. Manage Stormwater Runoff When the increase in the velocity of stormwater 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 at the point of discharge so as to minimize accelerated erosion of the site and increased sedimentation of the stream. 6.3.5. MANDATORY STANDARDS FOR LAND -DISTURBING ACTIVITY Land -disturbing activity shall comply with the following requirements: A. Undisturbed Buffer Zone Required 1. Land -disturbing activity shall not be permitted in proximity to a lake or natural watercourse unless an undisturbed buffer zone 25 feet wide is provided, or a buffer zone is provided along the margin of the watercourse of sufficient width to confine visible siltation within the 25 percent of the buffer zone nearer the land -disturbing activity, provided that these standards shall not apply to a land -disturbing activity in connection with the construction of facilities to be located on, over, or under a lake or natural watercourse. 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 activity containing natural or artificial means of confining visible siltation. 3. Waters that have been classified as trout waters by the North Carolina Environmental Management Commission shall have an undisturbed buffer zone 25 feet wide, or of sufficient width to confine visible siltation within the 25 percent of the buffer zone nearest the land -disturbing activity, whichever is greater. Provided, however, that the Engineering services Director may approve plans which include land -disturbing activity along trout waters when the duration of the disturbance is temporary and the extent of the disturbance is minimal. 4. The 25 foot minimum width factor for an undisturbed buffer zone adjacent to designated trout waters shall be measured horizontally from the top of the bank. S. Where a temporary and minimal disturbance is permitted, land -disturbing activities in the buffer zone adjacent to designated trout waters shall be limited to a maximum of 10 percent of the total length of the buffer zone within the tract so that there is not more than 100 linear feet of disturbance in each 1000 linear feet of buffer zone. Larger areas may be disturbed with the written approval of DENR. 6. Land -disturbing activity shall not be undertaken within a buffer zone adjacent to designated trout waters that will cause adverse temperature fluctuations in these waters, as established in 15 NCAC 2B.0211 "Fresh Surface Water Classification and Standards". B. Fill Material Unless a permit from the Public Services Director to operate a landfill is on file for the official site, acceptable fill material shall be free of organic or other degradable materials, masonry, concrete and brick in sizes exceeding 12 inches, and any materials which would cause the site to be regulated as a landfill by the State of North Carolina. City of High Point Development Ordinance 1 6-39 CHAPTER 6: ENVIRONMENTAL STANDARDS. Section 6.3.' S6i1 ErdMon and'Sedihi6ntatian r " Subsection 6.3.6. Design and Performance Standards C. Graded Slopes and Fills 1. The angle for graded slopes and fills shall be no greater than a 2-to-1 slope (horizontal to vertical) if they are to be stabilized with vegetative cover. 2. Slopes or fills steeper than 2-to-1 must be protected by structures. 3. In any event, slopes left exposed will, within 7 days of completion of any phase of grading, be planted or otherwise provided with temporary or permanent ground cover, devices, or structures sufficient to restrain erosion. D. Ground Cover Whenever land -disturbing activity is undertaken on a tract, 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 6.3.6.5, High Quality Water Zones, of this Ordinance, provisions for a ground cover sufficient to restrain erosion must be accomplished within 14 days. 6.3.6. DESIGN AND PERFORMANCE STANDARDS A. Design for 10-Year Storm Except as provided in Section 6.3.6.13, High Quality Water Zones, erosion and sedimentation control measures, structures, and devices shall be so planned, designed, and constructed 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 Quality Water 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 DENR. 2. Soil erosion and sedimentation control measures, structures, and devices within HQW zones shall be planned, designed, and constructed to provide protection from the runoff of the 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. 3. Sediment basins within HQW zones shall be designed and constructed so the basin will have a settling efficiency of at least 70 percent for the 40 micron (0.04 mm) size soil particle transported into the basin by the runoff of that 2-year storm which produces the maximum peak rate of runoff as calculated according to procedures in the United States Department of Agriculture Soil 6-40 1 City of High Point Development Ordinance CHAPTER 6: ENVIRONMENTAL STANDARDS Section 6.3. Sail Erosion and Sedimentatiori Subsection 6.3.7. Stormwater Outlet Protection 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. 5. Ground cover sufficient to restrain erosion must be provided for any portion of a land -disturbing activity in a HQW zone within 7 days of completion of any phase of grading. C. Sedimentation Basins Except as provided for in Section 6.3.6.13, High Quality Water Zones, above, all sedimentation basins shall be designed and constructed to have a settling efficiency of at least 70 percent for the 40 micron (0.04 mm) size soil particle. 6.3.7. STORMWATER OUTLET PROTECTION A. Intent Stream banks and channels downstream from any land -disturbing activity shall be protected from increased degradation by accelerated erosion caused by increased velocity of runoff from the land -disturbing activity. B. Performance Standard 1. Land -disturbing activity shall be conducted so that the post -construction velocity of the 10-year storm runoff in the receiving natural watercourse to the discharge point does not exceed the greater of: (a) The velocity established in Table 6.3.7, Maximum Permissible Velocity for Stormwater Discharges; or (b) The velocity of the 10-year storm runoff in the receiving natural watercourse prior to development. 2. If condition 13.1 above cannot be met, the receiving watercourse (and discharge point) shall be designed and constructed to withstand the expected velocity anywhere the velocity exceeds the "prior to development" velocity by 10 percent. TABLE.6.3 7 , MAXIMUM PERMISSIBLE ,VELOCITY MATERIAL Fi-ne sand .... FOR.STORMWATER MAXIMUM DISC HARGES, �1] PERMISSIBLE FEET PER SECOND VELOCITIES METERS PER SECOND Silt loam (noncollo idal) Ordinary .. City of High Point Development Ordinance 1 6-41 CHAPTER 6: ENVIRONMENTAL STANDARDS Se4tion°63. Sdil'Erosiion and �Sedimentatioh" Subsection 6.3.7. Stormwater Outlet Protection a a a P MATERIAL MAXIMUM PERMISSIBLE VELOCITIES I PER FEET a a RS PER SECOND Fine gravel 5.0 1.5 Stiff clay (very colloidal) 5.0 1.5 Graded, loam to cobbles (noncolloidal) 5.0 1.5 Graded, silt to cobbles 5.5 1.7 Alluvial silts (noncolloidal) 3.5 1.1 Alluvial silts (colloidal) 5.0 1.5 Coarse gravel (noncolloidal) 6.0 1.8 Cobbles and shingles 5.5 1.7 Shales and hard pans 6.0 1.8 NOTES,., ; [1] These standards are adapted from recommendations by Special Com' mittee on Irrigation .Research, American Society of Civil Engineers, 1926, for channels with straight alignment. For sinuous channels, multiply allowable velocity'by 0.95 for slighrtly sinuous, by 0.9 for moderately sinuous, channels, and,'by 0.8, for highly sinuo.us channels C. Acceptable Management Measures 1. General Measures applied alone or in combination to satisfy the intent of this section are acceptable if there are no objectionable secondary consequences. The N.C. Sedimentation Commission and the City recognize that the management of stormwater 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. 2. Stormwater Runoff Management Alternatives Some alternatives are to; (a) Avoid increases to surface runoff volume and velocity by including measures to promote infiltration to compensate for increased runoff from areas rendered impervious; (b) Avoid increases in stormwater discharge velocities by using detention devices, vegetated or roughened swales, and waterways in -lieu of closed drains and high velocity paved sections; (C) Provide energy dissipaters 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; (d) Protect watercourses subject to accelerated erosion by improving cross sections and/or providing erosion -resistant lining; or (e) Upgrade or replace the receiving device structure, or watercourse such that it will receive and conduct the flow to a point where it is no longer subject to degradation from the increased rate of flow or increased velocity. 6-42 1 City of High Point Development Ordinance CHAPTER 6: ENVIRONMENTAL STANDARDS Section 6.3. Soil Erosion and. Sedimentation Subsection 6.3.12. Additional Measures D. Exceptions This rule shall not apply where it can be demonstrated that stormwater discharge velocities will not create an erosion problem in the receiving watercourse. 6.3.8. BORROW AND WASTE AREAS When the person conducting the land -disturbing activity is also the person conducting the borrow or waste disposal activity, areas from which borrow is obtained and which are not regulated by the provisions of the Mining Act of 1971, and waste areas for surplus materials other than landfills regulated by the Public Service Department, 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 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. 6.3.9. ACCESS AND HAUL ROADS Temporary access and haul roads, other than existing public roads, constructed or used in connection with any land -disturbing activity shall be considered a part of such activity. 6.3:10. OPERATIONS IN LAKES OR NATURAL WATERCOURSES A. 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. B. 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. C. The U.S. Army Corps of Engineers shall be notified by the developer of any planned operation in lakes or natural watercourses for possible issuance of Section 404 or other permits. 6.3.11. RESPONSIBILITY FOR MAINTENANCE During the development of a site, the person conducting the land -disturbing activity shall install and maintain all temporary and permanent soil erosion and sedimentation control measures as required by the approved plan, by any provision of this Ordinance, the Act, or by any order adopted pursuant to this Ordinance or the North Carolina Sedimentation Pollution Control Act of 1973 (see Section 113A-50 of the North Carolina General Statutes). After site development, the landowner or person in possession or control of the land shall install and/or maintain all necessary permanent soil erosion and sedimentation control measures, except those measures installed within a road or street right -of way or easement accepted for maintenance by a governmental agency. 6.3.12. ADDITIONAL MEASURES Whenever the Engineering Services Director 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 -distributing activity will be required to and shall take additional protective action. City of High Point Development Ordinance 1 6-43 CHAPTER 6: ENVIRONMENTAL STANDARDS Section 6'.4. _Flood Derma a Prevention Subsection 6.4.1. General 6.3.13. EXISTING UNCOVERED AREAS A. Applicability All uncovered areas existing on the effective date of this Ordinance which are the result of land -disturbing activity, which exceed 1 acre, which are subject to continued accelerated erosion, and which 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. Notice of Violation The Engineering Services Director 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 Engineering Services Director shall take into consideration the economic feasibility, technology, and quantity of work required and shall set reasonably attainable time limits for compliance. C. Requiring Erosion Control Plan The Engineering Services Director reserves the right to require preparation and approval of a soil erosion and sedimentation control plan in any instance where extensive control measures are required. D. Exemption This rule shall not require ground cover on cleared land forming the future basin of a planned reservoir. 6.3.14. RESTORATION AFTER NON-COMPLIANCE The Engineering Services Director may require a person who engaged in a land -disturbing activity and failed to retain sediment generated by the activity, as required by North Carolina General Statutes Section 113A-57 (3), to restore the waters and land affected by the failure 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. 6.4.1. GENERAL A. Applicability This section shall apply to development in all special flood hazard areas within the corporate limits and ETJ of the City of High Point. B. Basis for Establishing Special Flood Hazard Areas The special flood hazard areas are those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its Flood Insurance Study (FIS) and its accompanying Flood Insurance Rate Maps (FIRM), for Guilford County dated March 16, 2009, Davidson County, dated March 16, 2009, Forsyth County, dated January 2, 2009, and Randolph County, dated January 8, 2008, 6-44 1 City of High Point Development Ordinance CHAPTER 6: ENVIRONMENTAL STANDARDS Section 6.4. Flood Damage Prevention Subsection 6.4.2. Application, Permit, and Certification Requirements along with its accompanying Flood Insurance Rate Map Panels (6789, 6798, 6799K, 6880, 6881, 6882K, 6890K, 6891K, 6892K, 6893K, 6894K, 7708, 7709K, 7719K, 7729K, 7739, 7800, 7801, 7802, 7803, 7804, 7805, 7810, 7811, 7812, 7813, 7814, 781S, 7820, 7821, 7822, 7823, 7824, and 7830), which are incorporated herein by reference. C. Establishment of Floodplain Development Permit A floodplain development permit is required prior to commencement of development within special flood hazard areas determined in accordance with the provisions of this section and Section 2.5.8, Floodplain Development Permit. D. Warning and Disclaimer of Liability The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur. Actual flood heights may be increased by man-made or natural causes. This section does not imply that land outside the Special Flood Hazard Areas or uses permitted within such areas will be free from flooding or flood damage. This section shall not create liability on the part of the City or any officer or employee of the City for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made hereunder. 6.4.2. APPLICATION, PERMIT, AND CERTIFICATION REQUIREMENTS A. Application Requirements An application for a floodplain development permit shall be prepared in accordance with the requirements in the Development Guide, the certification requirements in Section 6.4.2.E below, and submitted in accordance with the requirements of Section 2.5.8, Floodplain Development Permit. B. Certification Requirements Development subject to this section shall comply with the following requirements: 1. Elevation Certificates (a) Before the Start of Construction (1) An elevation certificate (FEMA Form 81-31) is required prior to the actual start of any new construction. (2) Certification of the elevation of the reference level, in relation to mean sea level shall be submitted. (3) The Engineering Services Director shall review the certificate data submitted. Deficiencies shall be corrected by the applicant. (4) Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. (b) After Reference Level Established (1) An elevation certificate (FEMA Form 81-31) is required after the reference level is established. (2) Within 7 calendar days of establishment of the reference level elevation, the applicant shall submit a certification of the elevation of the reference level, in relation to mean sea level. City of High Point Development Ordinance 1 6-45 CHAPTER 6, ENVIRONMENTAL STANDARDS j Sectian 6 4 .. Flood Damage Prevention Subsection 6.4.2. Application, Permit, and Certification Requirements (3) Any work done within the 7 day calendar period and prior to submission of the certification shall be at the applicant's risk. (4) The Engineering Services Director shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the applicant immediately and prior to further work being permitted to proceed. (5) Failure to submit the certification or failure to make required corrections shall be cause to issue a stop -work order for the project. (c) Final As -Built Elevation Certificate (1) A final as -built elevation certificate (FEMA Form 81-31) is required after construction is completed and prior to issuance of a certificate of occupancy. (2) The permit holder shall submit a certification of final as -built construction of the elevation of the reference level and all attendant utilities to the Engineering Services Director. (3) The Engineering Services Director shall review the certificate data submitted. Deficiencies detected shall be corrected by the permit holder immediately and prior to issuance of a certificate of occupancy. (4) In some instances, another certification may be required to certify corrected as -built construction. (5) Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a certificate of occupancy. 2. Floodproofing Certificate (a) If non-residential floodproofing is used to meet the regulatory flood protection elevation requirements, a floodproofing certificate (FEMA Form 81-65), with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the actual start of any new construction. (b) The applicant shall submit to the Engineering Services Director a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to mean sea level. (C) Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. (d) The Engineering Services Director shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by the review shall be corrected by the applicant prior to floodplain development permit approval. (e) Failure to submit the certification orfailure to make required corrections shall be cause to deny a floodplain development permit. (f) Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a certificate of occupancy. 3. Manufactured Dwelling If a manufactured dwelling is placed within Zone A, AO, AE, or Al-30 and the elevation of the chassis is more than 36 inches in height above grade, an engineered foundation certification is required in accordance with the provisions of Section 6.4.3.13, Specific Standards. 6-46 1 City of High Point Development Ordinance CHAPTER 6: ENVIRONMENTAL STANDARDS Section 6.4. Flood Damage Prevention Subsection 6.4.3. Provisions for Flood Hazard Reduction 4. Watercourse Alteration All the following items shall be submitted by a permit holder to the Engineering Services Director prior to issuance of a floodplain development permit if a watercourse is to be altered or relocated: (a) A description of the extent of watercourse alteration or relocation; (b) A professional engineer's certified report on the effects of the proposed project on the flood -carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and (C) A map showing the location of the proposed watercourse alteration or relocation. 5. Certification Exemptions The following structures, if located within Zone A, A0, AE or Al-30, are exempt from the elevation/flood proofing certification requirements specified in this subsection: (a) Recreational vehicles meeting requirements of Section 6.4.3.B.5, Recreational Vehicles; (b) Temporary nonresidential structures meeting requirements of Section 6.4.3.B.6, Temporary Non -Residential Structures; and (C) Accessory Structures less than 150 square feet meeting requirements of Section 6.4.3.B.7, Accessory Structures. 6.4.3. PROVISIONS FOR FLOOD HAZARD REDUCTION A. General Standards Compliance with the following standards shall be required within a special flood hazard area: 1. New construction and substantial improvements in special flood hazard areas shall: (a) Be designed (or modified) and adequately anchored to prevent flotation, collapse, and lateral movement of the structure; (b) Be constructed with materials and utility equipment resistant to flood damage; (C) Be constructed by methods and practices that minimize flood damages; (d) Be designed so that electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities are configured to prevent water from entering or accumulating within the components during conditions of flooding to the regulatory flood protection elevation. These include, but are not limited to: (1) HVAC equipment; (2) water softener units; (3) Bath/kitchen fixtures; (4) Ductwork; (5) Electric/gas meter panels/boxes; (6) Utility/cable boxes; (7) Hot water heaters; and (8) Electric outlets/switches; City of High Point Development Ordinance 1 6-47 CHAPTER..6: ENVIRONMENTAL STANDARDS Section 6.4. iFlood Damage Prevention . Subsection 6.4.3. Provisions for Flood Hazard Reduction (e) Be designed so that new and replacement water supply systems minimize or eliminate infiltration of floodwaters into the system; (f) Be designed so that new and replacement sanitary sewage systems minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters; (g) Be located and constructed to avoid impairment of on -site waste disposal systems or contamination from them during flooding; 2. Any alteration, repair, reconstruction, or improvements to a structure, which is in compliance with the provisions of this section, shall comply with the requirements of "new construction" as established in this section; 3. Nothing in this section shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this Ordinance and located totally or partially within the floodway, non -encroachment area, or stream setback, provided there is no additional encroachment below the regulatory flood protection elevation in the floodway, non -encroachment area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of this section; 4. New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted in the special flood hazard area; 5. A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a special flood hazard area only if the structure or tank is either elevated or floodproofed to at least the regulatory flood protection elevation and certified in accordance with the provisions of Section 6.4.2.B, Certification Requirements; 6. Subdivision and other development applications shall: (a) Be consistent with the need to minimize flood damage; (b) Require public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (C) Require adequate drainage provided to reduce exposure to flood hazards; and (d) Receive all necessary permits from those governmental agencies for which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. %• When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvement. 8• When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and the highest base flood elevation shall apply. 6-48 1 City of High Point Development Ordinance I CHAPTER 6: ENVIRONMENTAL STANDARDS j Section 6.4. Flood Damage Prevention Subsection 6.4.3. Provisions for Flood Hazard Reduction B. Specific Standards In addition to the standards in Section 6.4.3.A; General Standards, development in all special flood hazard areas where base flood elevation (BFE) data has been provided, as set forth in Section 6.4.1.B, Basis for Establishing Special Flood Hazard Areas, or Section 6.4.3.C, Standards for Floodplains without Established Base Flood Elevations, shall be subject to the following: 1. Non -Residential Construction (a) New construction and substantial improvement of a nonresidential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as established in this section. (b) A structures located in A, AE, AO, and Al-30 Zones may be floodproofed in -lieu of elevation, provided all areas of the structure, together with attendant utility and sanitary facilities, below the regulatory flood protection elevation are made watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. (C) For AO Zones, the floodproofing elevation shall be in accordance with Section 6.4.4.F, Standards for Areas of Shallow Flooding (Zone AO). A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the Engineering Services Director as set forth in Section 6.4.2.B, Certification Requirements, along with the operational and maintenance plans. 2. Manufactured Dwellings (a) New and replacement manufactured dwellings shall be elevated so that the reference level of the manufactured home is no lower than the regulatory flood protection elevation, as established in this section. (b) Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement, either by a certified engineered foundation system, or in accordance with the most current edition of the State of North Carolina Regulations for Manufactured Homes adopted by the Commissioner of Insurance pursuant to NCGS 143-143.15. (C) When the elevation would be met by an elevation of the chassis 36 inches or less above the grade at the site, the chassis shall be supported by reinforced piers or engineered foundation. When the elevation of the chassis is above 36 inches in height, an engineering certification is required. (d) All enclosures or skirting below the lowest floor shall meet the requirement of Section 6.4.3.B.3,Elevated Buildings. (e) An evacuation plan shall be developed for evacuation of residents of all new, substantially improved or substantially damaged manufactured home parks or subdivisions located within flood prone areas. This plan shall be filed with and approved by the Engineering Service Director and the local Emergency Management Coordinator. City of High Point Development Ordinance 1 6-49 CHAPTER 6: ENVIRONMENTAIL. STANDARDS Section,6 . `":Flood-Wi bge`Prevention � Subsection 6.4.3. Provisions for Flood Hazard Reduction 3. Elevated Buildings Fully enclosed areas associated with new construction and substantially improved structures that are below the lowest floor shall comply with the following: (a) Not be designed or used for human habitation, but only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator). The interior portion of such enclosed area shall not be finished or partitioned into separate rooms, except to enclose storage areas. (b) Be constr6cted entirely of flood resistant materials at least to the regulatory flood protection elevation. (c) Include, in Zones A, AO, AE, and Al-30, flood openings to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings shall be certified by a professional engineer or architect or meet or exceed the following minimum design criteria: (1) A minimum of 2 flood openings on different sides of each enclosed area subject to flooding; (2) The total net area of all flood openings shall be at least 1 square inch for each square foot of enclosed area subject to flooding; (3) If a building has more than 1 enclosed area, each enclosed area shall have flood openings to allow floodwaters to automatically enter and exit; (4) The bottom of all required flood openings shall be no higher than 1 foot above the adjacent grade; (5) Flood openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and (6) Enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require flood openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires flood openings as outlined above. 4. Additions/Improvements (a) Not a Substantial Improvement (1) In cases where an addition or improvement to a pre -FIRM structure does not constitute a substantial improvement, the addition or improvement shall be designed to minimize flood damages and shall not render the pre -FIRM structure any more nonconforming with respect to the standards in this section. (2) In cases where an addition and/or improvement to a post -FIRM structure does not constitute a substantial improvement to the existing structure, then only the additions or improvements shall comply with the standards for new construction. (3) Additions to post -FIRM structures with no modifications to the existing structure other than a standard door in a common wall shall require only the addition to comply with the standards for new construction. 6-50 1 City of High Point Development Ordinance CHAPTER 6: ENVIRONMENTAL STANDARDS Section 6.4. Flood Darnage Prevention Subsection 6.4.3. Provisions for Flood Hazard Reduction (b) Substantial Improvements In cases where an addition or improvement to a pre- or post -FIRM structure (whether in combination with interior modifications or not) do constitute a substantial improvement, both the existing structure and the addition and/or improvements shall comply with the standards for new construction. S. Recreational Vehicles Recreational vehicles shall either: (a) Be on site for fewer than 180 consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no permanently attached additions); or (b) Meet all the requirements for new construction. 6. Temporary Non -Residential Structures Temporary nonresidential structures shall not remain within the special flood hazard area for a time period exceeding 3 months. This time period may be renewed up to a maximum of 1 year. 7. Accessory Structures (a) An accessory structure shall comply with the following: (1) Not be used for human habitation (including working, sleeping, living, cooking or restroom areas); (2) Not be temperature -controlled; (3) Be designed to have low flood damage potential; (4) Be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters; (5) Be firmly anchored; and (6) Incorporate flood openings to facilitate automatic equalization of hydrostatic flood forces below regulatory flood protection elevation, if necessary. (b) An accessory structure with a footprint less than 150 square feet that satisfies the criteria outlined above does not require an elevation or floodproofing certificate. (c) Elevation or floodproofing certifications are required for all other accessory structures in accordance with Section 6.4.2.B, Certification Requirements. C. Standards for Floodplains without Established Base Flood Elevations In addition to the standards in Section 6.4.3.A, General Standards, and Section 6.4.3.B, Specific Standards, development within the special flood hazard areas designated as Approximate Zone A and established in Section 6.4.1.B, Basis for Establishing Special Flood Hazard Areas, where no BFE is provided by FEMA, shall be subject to the following: �. No encroachments, including fill, new construction, substantial improvements or new development shall be allowed within a distance of 20 feet each side from top of bank or 5 times the width of the stream, whichever is greater, unless certification with supporting technical data by a registered professional engineer City of High Point Development Ordinance 1 6-51 CHAPTER 6: ENVIRONMENTAL STANDARDS Section 6.4. 117,11ood,Damage,Prevention Subsection 6.4.3. Provisions for Flood Hazard Reduction is provided demonstrating that such encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge; and Z• The BFE used in determining the regulatory flood protection elevation shall be determined based on the following criteria: (a) When BFE data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this section and the Ordinance and shall be elevated or floodproofed. (b) All subdivision, manufactured home park, and other development proposals shall provide BFE data if development is greater than 5 acres or has more than 50 lots/manufactured home sites. The BFE data shall be adopted by reference in accordance with Section 6.4.I.B, Basis for Establishing Special Flood Hazard Areas, and utilized in implementing this section. (C) When BFE data is not available from a Federal, State, or other source as outlined above, the reference level shall be elevated to or above the regulatory flood protection elevation. D. Standards for Riverine Floodplains with BFE, but Without Established Floodways ,or Non -Encroachment Areas In addition to the standards in Section 6.4.3.A, General Standards, and Section 6.4.3.B, Specific Standards, development along rivers and streams where BFE data is provided by FEMA or is available from another source but neither floodway nor non -encroachment areas are identified for a special flood hazard area on the FIRM or in the FIS report, shall be subject to the following: 1. Until a regulatory floodway or non -encroachment area is designated, no encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless certification with supporting technical data by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than 1 foot at any point within the community. E. Floodways and Non -Encroachment Areas In addition to the standards in Section 6.4.3.A, General Standards, and Section 6.4.3.B, Specific Standards, development proposed in floodways or non -encroachment areas established by Section 6.4.1.B, Basis for Establishing Special Flood Hazard Areas, shall be subject to the following: 1. No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless: (a) It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the Engineering Services Director prior to issuance of floodplain development permit; or (b) A conditional letter of map revision (CLOMR) is approved by FEMA. (C) A letter of map revision (LOMR) must also be obtained upon completion of the proposed encroachment. 6-52 1 City of High Point Development Ordinance CHAPTER 6. ENVIRONMENTAL. STANDARDS Section 6.4. Flood Damage Preventiori Subsection 6.4.3. Provisions for Flood Hazard Reduction 2. If (E.1) above is satisfied, development shall comply with all applicable flood hazard reduction provisions of this section. 3. No manufactured dwellings shall be permitted, except replacement manufactured dwellings in an existing manufactured dwelling park or subdivision, provided the following provisions are met: (a) The anchoring and the elevation standards of Section 6.4.3.13.2, Manufactured Dwellings; and (b) The no encroachment standard of (1) above. F. Standards for Areas of Shallow Flooding (Zone AO) In addition to the standards in Section 6.4.3.A, General Standards, and Section 6.4.3.13, Specific Standards, development located within the Special Flood Hazard Areas established in Section 6.4.1.B, Basis for Establishing Special Flood Hazard Areas, as shallow flooding areas shall comply with the following: 1. The reference level shall be elevated at least as high as the depth number specified on the Flood Insurance Rate Map (FIRM), in feet, plus a freeboard of 2 feet, above the highest adjacent grade; or at least 2 feet above the highest adjacent grade if no depth number is specified; 2. Nonresidential structures may, in -lieu of elevation, be floodproofed to the same level as required by subsection F.1 above so that the structure, together with attendant utility and sanitary facilities below that level shall be watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. 3. Certification is required in accordance with Section 6.4.2.B, Certification Requirements; and 4. Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from proposed structures. City of High Point Development Ordinance 1 6-53 CHAPTER 6: ENVIRONMENTAL STANDARDS 6.1.1. APPLICABILITY A. General The requirements of this section shall apply only to City -owned or controlled land (land leased by the City, or land the City controls through public rights -of -way and easements for public purposes such as streets, the construction and maintenance of public utilities, the provision of pedestrian access across private land, the development and maintenance of greenways and open space, or the protection of water quality). B. Rights of City The City and the Urban Forestry Committee (UFC), as an agent of the City, is authorized to plant, prune, maintain and remove any tree, plant, or shrub on City -owned or controlled land if it is determined necessary to ensure the public health and safety, to preserve and enhance the symmetry and beauty of public land, or to protect public improvements and utilities. 6.1.2. TREE MAINTENANCE AND PROTECTION A. Removal or Damage to Tree Without Prior Authorization i. General It is a violation of this Ordinance for a person to take any of the following actions to a tree on City -owned or controlled land without prior authorization from the UFC: (a) Remove, prune, or plant a tree; (b) Attach a rope, wire, nail, or sign to a tree; (e) Apply a liquid or solid substance to a tree that is harmful and could damage or destroy the tree; or (d) Deposit, place, store or maintain a stone, brick, sand, concrete or other impervious materials which may impede the free passage of water, air, or fertilizer to the roots of a tree. 2. Tree Topping {a) It is a violation of this Ordinance for any person or City department (including a utility), to top a tree on City -owned or controlled land without a Public Tree Certificate in accordance with Section 2.5.12, Public Tree Certificate. For the purposes of this section, topping is defined as the severe pruning of tree limbs larger than 3 inches in diameter within the tree's crown to such a degree it removes the normal canopy of or disfigures the tree. (b) The topping of trees shall be approved only in cases where the tree is severely damaged by storm or other natural cause or where the UFC determines other pruning practices impractical (such as the pruning of trees directly under overhead utility lines). City of High Point Development Ordinance 1 6-3 CHAPTER 6: -ENVIRO_NMENTAL STANDARDS € Section 6.1. 'Public Tree Protection { Subsection 6.1.4. Guidelines and Standards for Tree Planting, Pruning and Removal B. Removal of Damaged or Infested Trees The UFC may cause to be removed a tree or part of a tree that is in an unsafe condition, significantly damaged due to severe weather or other natural conditions, or is infested with disease, injurious fungus, insects, or other pests. C. Protection During Construction A tree on City -owned or controlled land shall be protected during any construction or excavation consistent with the City's Guidelines and Standard Practices for Trees. 6.1.3. TREE PLANTING, PRUNING AND REMOVAL A. Public Tree Certificate Required Unless exempted in accordance with subsection (B) below, a person or City department seeking to plant, prune, or remove trees on City owned or controlled land shall receive approval of a public tree certificate in accordance with Section 2.5.12, Public Tree Certificate. In reviewing the application the UFC shall ensure that the intended activities meet the expectations of the urban forestry program and are consistent with the City's adopted Guidelines and Standard Practices for Trees. B. Exemptions The following development is exempt from the requirement to receive a public tree certificate, as long as the tree pruning and removal is consistent with the City's Guidelines and Standard Practices for Trees. 1. Public and private utilities (water, sewer, electrical, gas, telecommunications, cable, etc.) in public rights -of -way, on land owned or controlled by the City, or in dedicated utility easements. 2. City departments that prune trees to maintain traffic visibility, pedestrian activity, and other similar public safety matters. 3. Trimming or removal when a tree represents an immediate safety hazard to structures, people, or automobiles traveling along a road. 4. Removal of nuisance or diseased trees likely to spread disease or pests to neighboring trees 5. Emergency tree removal resulting from severe weather, fire, or other emergency conditions where removal of such tree(s) is necessary to protect the health and safety of the public, restore order, or remove obstructions blocking access to streets or land. 6. Exemptions specified in the City's Guidelines and Standard Practices for Trees, and exemptions that are deemed by the UFC to be necessary and practical for ensuring the public health, safety, and general welfare. 6.1.4. GUIDELINES AND STANDARDS FOR TREE PLANTING, PRUNING AND REMOVAL To implement the requirements of this section, the UFC shall develop, adopt and maintain guidelines and specifications for tree plantings, and standards and practices for tree conservation and maintenance. The guidelines and standards shall, at a minimum, include provisions concerning certificates, plantings, spacing, care, maintenance, and removal. All tree planting, pruning and removal on City -owned or controlled land shall be consistent with the City's standards. 6-4 1 City of High Point Development Ordinance CHAPTER 9: ENFORCEMENT This chapter establishes procedures through which the City seeks to ensure compliance with the provisions of this Ordinance and obtain corrections for Ordinance violations. It also sets forth the remedies and penalties that apply to violations of this Ordinance. The provisions of this chapter are intended to encourage the voluntary correction of violations, where possible. Compliance with all the procedures, standards, and other provisions of this Ordinance is required by all persons owning, developing, managing, using, or occupying land or structures in the city. Any of the following shall be a violation of this Ordinance and shall be subject to the remedies and penalties provided by this chapter and by State law. 9.3.1. DEVELOPMENT WITHOUT AUTHORIZATION Engage in any development, use, construction, land disturbance, or other activity of any nature upon land or improvements thereon subject to the jurisdiction of this Ordinance without all required plans, permits, certificates, or other forms of authorization as set forth in this Ordinance. 9.3.2. DEVELOPMENT INCONSISTENT WITH AUTHORIZATION Engage in any development, use, construction, land disturbance, or other activity of any nature in any way inconsistent with any approved plan, permit, certificate, or other form of authorization granted for such activity. 9.3.3. VIOLATION BY ACT OR OMISSION Violate, by act or omission, any term, variance, modification, adjustment, condition, or qualification placed upon any required plan, permit, certificate, or other form of authorization for the development, use, construction, land disturbance, or other activity upon land or improvements thereon. 9.3.4. USE IN VIOLATION Erect, construct, alter, repair, maintain or use any building or structure, or use any land in violation of this Ordinance or any regulation made under the authority conferred thereby. 9.3.5. SUBDIVIDE IN VIOLATION Subdivide land in violation of this Ordinance or transfer or sell land by reference to a plat or map showing a subdivision of land before the plat or map has been properly approved under this Ordinance and recorded in the office of the County Register of Deeds. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land does not exempt the transaction for violation this Ordinance. City of High Point Development Ordinance 1 9-3 CHAPTER 9: ENFORCEMENT'', Section-9.5-, Enforcement Subsection 9.5.2. Investigations 9.3.6. CONTINUE A VIOLATION Continuance of any violations in this section is a separate and distinct offense. 9.4.1. GENERAL The landowner, tenant, or occupant of any land or structure, and an architect, engineer, builder, contractor, agent, or any other person who participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this Ordinance may be held responsible for the violation and is subject to the remedies and penalties set forth in this chapter. 9.4.2. FAILURE BY CITY DOES NOT RELIEVE INDIVIDUAL Failure of a City official charged with enforcement responsibility to observe or recognize conditions which violate the intent and purpose of this Ordinance, or to deny the issuance of a development or land disturbance permit, shall not relieve the landowner from responsibility for the condition or damages resulting therefrom and shall not result in the City, its officers, or agents being responsible for conditions or damages resulting therefrom. 9.4.3. REMEDY UPON NOTICE Upon notice of a violation, the landowner and any other responsible person shall immediately remedy the violation. 9.5.1. RESPONSIBILITIES The Engineering Services Director, Planning and Development Director, and Public Services Director shall be responsible for enforcing the following; A. Engineering Services Director The Engineering Services Director is responsible for enforcing the provisions of this Ordinance pertaining to land disturbance, flood damage prevention, and the construction of public infrastructure. B. Planning and Development Director The enforcement of the remaining provisions of this Ordinance are the responsibility of the Planning & Development Director. C. Public Services Director The Public Services Director is responsible enforcing the provisions of this Ordinance pertaining to the inspection and maintenance of stormwater management devices. 9.5.2. INVESTIGATIONS As appropriate, any of the directors listed in Section 9.5.1 above has the power to conduct such investigation as may be deemed necessary to carry out their duties as prescribed in this 9-4 1 City of High Point Development Ordinance CHAPTER 9: ENFORCEMENT Section 9.6. Enforcement Procedure Subsection 9.6.1. Notice of violation Ordinance, and for this purpose to enter at reasonable times upon any property, public or private, forthe purpose of investigating any complaints or alleged violations of this Ordinance. 9.5.3. INSPECTIONS As appropriate, any of the directors listed in Section 9.5.1 above has the right upon presentation of proper credentials, or inspection warrant if necessary, to enter on any premises within the jurisdiction at any reasonable hour forthe purposes of inspecting the sites of any complaints or alleged violations, or determination of compliance or other enforcement action of this Ordinance. 9.5.4. SUPPORTING DOCUMENTATION As appropriate, any of the directors listed in Section 9.5.1 above has the power to require written statements, certificates, certifications, or the filing of reports with the respect to pertinent questions relating to complaints or alleged violations of this Ordinance. 9.5.5. INTERFERENCE No person shall refuse entry or access to any authorized representative or agent of the City who requests entry for purposes of inspection a'nd who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying out their official duties. When the Planning and Development Director, Engineering Services Director, or Public Services Director, as appropriate, finds a violation of this Ordinance, it shall be their duty to notify the responsible persons of the violation. 9.6.1. NOTICE OF VIOLATION If the landowner or occupant of the land, building, structure, sign, or use in violation fails to take prompt action, any of the directors listed in Section 9.5.1, as appropriate, shall give the owner or occupant written notice (by certified or registered mail to their last known address, by personal service, or by posting notice conspicuously on the property) of the following: A. Violation Exists That the land, building, structure, sign, or use is in violation of this Ordinance; B. Nature of the Violation The nature of the violation, and citation of the Section(s) of this Ordinance violated; C. Remedy The measures necessary to remedy the violation; D. Allowable Time Period The time period in which the violation must be corrected; except that no time period need be given for grading without a permit or interference with official duties; E. Penalties that May be Assessed That penalties or remedies may be assessed; and City of High Point Development Ordinance 1 9-5 CHAPTER 9: ENFORCEMENT Section 9.7. Remedies Subsection 9.7.4. Stop Work Orders F. Appeal That the party cited has the right to appeal the Notice in accordance with Section 2.4.2, Appeal. 9.6.2. FAILURE TO COMPLY WITH ORDER If the owner or occupant of a property fails to comply with a notice of violation from which no appeal has been taken, or a final decision by the BOA following an appeal, the landowner or occupant shall be subject to such remedies and penalties as may be provided for by State law or by Section 9.7, Remedies. 9.7.1. CIVIL PENALTIES Any person who violates any provision of this Ordinance shall be subject to the assessment of a civil penalty under the procedures provided in Section 9.9, Assessment of Civil Penalties. 9.7.2. DENIAL OF PERMIT OR CERTIFICATE As appropriate, any of the directors listed in Section 9.5.1 above may withhold or deny any permit, certificate, or other authorization on any land, subdivision, building, structure, sign, or use in which there is an uncorrected violation of a provision of this Ordinance, or of a condition or qualification of a permit, certificate, or other authorization previously granted. 9.7.3. CONDITIONAL PERMIT OR TEMPORARY CERTIFICATE As appropriate, any of the directors listed in Section 9.5.1 above shall condition the authorization of any permit or certificate upon the correction of the deficiency, payment of civil penalties within a specified time, or the posting of a compliance security approved by appropriate governmental authority. 9.7.4. STOP WORK ORDERS A. General Whenever a building, structure, sign, or part thereof is being constructed, altered, repaired, moved, or demolished in violation of this Ordinance, any of the directors listed in Section 9.5.1, as appropriate, may order the work to be immediately stopped. B. Order in Writing The stop work order shall be in writing and directed to the landowner, occupant, or person doing the work. The stop work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed. C. In Accordance with State Statutes or Building Code Such action shall be in accordance with Section 16GA-421 of the North Carolina General Statutes or the State Building Code. 9-6 1 City of High Point Development Ordinance CHAPTER 9: ENFORCEMENT on 9./. Subsection 9.7.7. Injunctive Relief 9.7.5. REVOCATION OF PERMITS As appropriate, any of the directors listed in Section 9.5.1 may revoke and require the return of a permit by notifying the permit holder in writing, stating the reason for the revocation. Permits or certificates may be revoked for any substantial departure from the approved application, plans, or specifications; refusal or failure to comply with the requirements of state or local laws, or for false statements or misrepresentations made in securing the permit or certificate. Any permit or certificate mistakenly issued in violation of an applicable State or City law may also be revoked. 9.7.6. CRIMINAL PENALTIES A. Violation Erosion and Sedimentation Control Any person who knowingly or willfully violates any soil erosion and sedimentation control provision of this ordinance, or rule or order adopted or issued pursuant to the soil erosion and sedimentation control provisions, or who knowingly or willfully initiates orcontinues a land -disturbing activity for which a soil erosion and sedimentation control plan is required, except in accordance with the terms, conditions, and provisions of an approved plan, is guilty of a misdemeanor punishable by imprisonment not to exceed 90 days, or by a fine not to exceed $S,000, or both. B. All Other Violations Any violation of this Ordinance may be enforced as a misdemeanor as provided for by NCGS 14-4, subject to a maximum fine of $500, and NCGS 113A-64, subject to a maximum fine of $5,000. 9.7.7. INJUNCTIVE RELIEF A. Action by City Council Whenever the City Council has reasonable cause to believe that any person is violating or threatening to violate this Ordinance, or any rule or order adopted or issued pursuant to this Ordinance, or any term, condition, or provision of an approved development plan, or soil erosion and sedimentation control plan, it may, either before or after the institution of any other action or proceeding authorized by this Ordinance, institute a civil action in the name of the City, for injunctive relief to restrain, correct, abate, mandate, or enjoin the violation or threatened violation. B. Superior Court The action shall be brought in the Superior Court of the appropriate county. Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or judgments as are necessary to abate the violation or to prevent the threatened violation. C. No Relief from Criminal Penalties The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of this Ordinance. City of High Point Development Ordinance 1 9-7 CHAPTER 9: ENFORCEMENT Section 9:$, tRemedies=CuFiiulative and Continuous Subsection 9.8.2. Repeat Violations 9.7.8. ORDER OF ABATEMENT A. General In addition to an injunction, the City may apply for and the court may enter an Order of Abatement as part of the judgment in the case. An Order of Abatement may direct any of the following actions: 1. That buildings or other structures on the property be closed, demolished, or removed; 2. That fixtures, furniture, or other moveable property be moved or removed entirely; 3. That improvements, alterations, modifications, or repairs be made; or 4. That any other action be taken as necessary to bring the property into compliance with this Ordinance. B. Lien As appropriate, any of the directors listed in Section 9.5.1 may execute the Order of Abatement and have a lien placed on the property in the nature of a mechanic's and materialman's lien for the cost of executing the order. 9.7.9. EQUITABLE REMEDY The City may apply to a court of law for any appropriate equitable remedy to enforce the provisions of this Ordinance. The fact that other remedies are provided under general law or this Ordinance shall not be used by a violator as a defense to the City's application for equitable relief. 9.7.10. STATE AND COMMON LAW REMEDIES In addition to other enforcement provisions contained in this section, the City Council may exercise any and all enforcement powers granted to it by state law or common law. 9.7.11. PREVIOUS ENFORCEMENT Nothing in this Ordinance shall prohibit the continuation of previous enforcement actions. 9.8.1. CUMULATIVE VIOLATIONS All such remedies provided herein shall be cumulative. To the extent that North Carolina law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation. 9.8.2. REPEAT VIOLATIONS If a landowner or occupant repeats the same violation within a two year period from the date of the initial violation, it shall be considered to be a continuation of the initial violation and shall be subject to additional penalties and remedies. 9-8 1 City of High Point Development Ordinance CHAPTER 9: ENFORCEMENT Section 9.9. Assessment of Civil Penalties Subsection 9.9.4. Demand for Payment 9.9.1. RESPONSIBLE PARTIES Any person who violates any provision of this Ordinance, including the owner or occupant of any land, building, structure, sign, use of land, or part thereof, and any architect, builder, contractor, agent, or other person who participates or acts in concert, assists, directs, creates, or maintains any condition that is in violation of this Ordinance may be held responsible for the violation and subject to the penalties and remedies provided in this Ordinance. 9.9.2. NOTICE A. Notification Required Civil penalties may not be assessed until the responsible person in violation has been notified in accordance with Section 9.6, Enforcement Procedure. B. Civil Penalty Imposed If after receiving a notice of violation under Section 9.6.1, the person fails to take corrective action or file an appeal, a civil penalty may be imposed in accordance with this section. C. Notice of Penalty Assessment Notice of the civil penalty assessment shall be served in the same manner as a notice of violation. D. Assessment Contents The assessment notice shall state the nature of the violation, the civil penalty to be imposed upon the violator, and shall direct the violator to pay the civil penalty within 15 days of the date of the notice. E. Separate Notices Separate notices must be provided for the first, second, third and fourth violations. After notice for the fourth violation, penalties may be assessed and accrue on a daily basis without any further notice to the property owner. F. Assessment Until Compliance Civil penalties may be assessed until compliance is achieved. 9.9.3. CONTINUING VIOLATION For each day the violation is not corrected, the violator will be guilty of an additional and separate offense and subject to additional civil penalty. 9.9.4. DEMAND FOR PAYMENT If compliance is not achieved, then any of the directors listed in Section 9.5.1, as appropriate, shall make written demand for payment of penalties that have accrued while the property has been in violation. The demand for payment shall be sent to the responsible person in violation and must include a description of the violation for which the civil penalties have been imposed. City of High Point Development Ordinance 1 9-9 CHAPTER.9: ENFORCEMENT Subsection 9.9.6. Penalties 9.9.5. NONPAYMENT If payment is not received or equitable settlement reached within 30 days after demand for payment is made, the matter shall be referred to legal counsel to institute a civil action for recovery of the civil penalty. Moreover, if the civil penalty is not paid within the time prescribed, any of the directors listed in Section 9.5.1, as appropriate, may have a criminal summons orwarrant issued againstthe violator. Upon conviction, the violator is subject to any criminal penalty the court may impose pursuant to Section 14-4 of the North Carolina General Statutes. 9.9.6. PENALTIES A. General Any person who violates any provision of this Ordinance, except for soil and erosion control violations, shall be subject to assessment of a civil penalty in the amount of $50.00 for the first violation, $100.00 for the second violation, $200.00 for the third violation, and $500.00 for the fourth and each succeeding violation. B. Soil Erosion and Sedimentation Control Civil penalties for specific violations of Section 6.3, Soil Erosion and Sedimentation, are assessed as follows: 1. Grading Without Permit $5000 per day for failure to secure a valid land disturbance permit prior to conducting a land -disturbing activity for which a soil erosion and sedimentation control plan is required. Z. Failure to Protect $500 per day for failure to take all reasonable measures to protect public property or private property, including lakes and/or natural watercourses, from damage caused by land -disturbing activities. 3. Failure to Follow Plan $300 per day for failure to conduct a land -disturbing activity in accordance with the provisions of an approved soil erosion and sedimentation control plan. 4. Failure to Install Devices $500 per day for failure, when more than one acre is disturbed ($250 per day when one acre or less is disturbed), to install erosion and sedimentation control devices sufficient to retain the sediment generated by the land -disturbing activity within the boundaries of the tract(s) and prevent off -site sedimentation. S. Failure to Maintain Measures $300 per day for failure to maintain satisfactory soil erosion and sedimentation control measures, structures and/or devices on the site that are designed to provide protection from the calculated maximum peak rate of runoff from the 10-year storm. 6. Failure to Maintain Temporary Measures $250 per day for failure to maintain temporary soil erosion and sedimentation control measures and facilities during the development of the site. 7. Failure to Maintain Slopes $250 per day for failure on graded slopes and fills to maintain an angle sufficient to retain vegetative cover or other adequate soil erosion and sedimentation control devices or structures. 9-10 1 City of High Point Development Ordinance CHAPTER 9: ENFORCEMENT Section 9.9. Assessment of Civil Penalties Subsection 9.9.7. Soil Erosion and Sedimentation Control Penalty Use S. Failure to Cover Slopes $250 per day for failure, within 7 days of completion of any phase of grading, to plant or otherwise provide exposed, graded slopes or fills with ground cover, devices, or structures sufficient to restrain erosion. 9. Failure to Plant Cover $250 per day for failure on a tract when more than one contiguous acre is disturbed, to plant or otherwise provide ground cover sufficient to restrain erosion within 14 days of completion of any phase of grading. 10. Failure to Revise Plan $250 per day for failure to file an acceptable, revised soil erosion and sedimentation control plan after being notified of the need to do so. 11. Failure to Maintain Buffer $250 per day for failure to retain a buffer zone of sufficient width along a lake or natural watercourse to confine visible siltation within the 25 percent of the buffer zone nearest the land -disturbing activity. 12. Interference with Official Duties $500 per day for obstructing, hampering, or interfering with any authorized agent of the City or the NC Sedimentation Control Commission while in the process of carrying out their official duties. 9.9.7. SOIL EROSION AND SEDIMENTATION CONTROL PENALTY USE Civil penalties collected for soil erosion and sedimentation control violations must be used or disbursed as directed by Section 113A-64(a) of the North Carolina General Statutes. City of High Point Development Ordinance 1 9-11 Public Services Department Stormwater Services Division NORTH CAROLINNs INCERN/vnoNAI_CI'IY- February 16, 2010 NCDENR, Division of Water Quality Mr. Mike Randall Stormwater & General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 RE: City of High Point NPDES Stormwater Permit Renewal Permit Number NCS000421 Dear Mr. Randall-. I have enclosed the NPDES Stormwater Permit Application Form for the City of High Point and 3 copies of the Stormwater Management Program Report. I apologize for the delay. Please do not hesitate to call or e-mail, should you have any questions. Respectfully, J Derrick Q. Boone Stormwater Superintendent Enc. c. file City of High Point, P.O. Box 230, 211 South Hamilton Street, High Point, NC 27261 USA Fax:336.883.8561 Phone:336,883.3455 TDD:336.883.8517 State of North Carolina Department of Environment & Natural Resources Division of Water Quality OFFIC USE ONLY Date Rec'd Fee Paid Permit Number 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 Sma// M54 Stormwater PermitApp/ication (SWU-270) and the accompanying narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive StormwaterManagementProgramReport (SWU-268)are both 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 X Renewal (Permit No. _NCS000421_ ) a. Name of Public Entity Seeking Permit Coverage City of High Point 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 e. County(s) Guilford, Randolph, Forsyth, and Davidson f. Jurisdictional Area (square miles 55.38 sq. mi. g. Population Permanent 100,442 (CHPPiannmgDept 2009) Seasonal (if available) N/A h. Ten-year Growth Rate 1.89% i. Located on Indian Lands? ❑ Yes X No II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area (square miles 55.38 sq. mi. b. River Basin(s) Cape Fear, Yadkin-PeeDee c: Number of Primary Receiving Streams 194 d. Estimated percentage of jurisdictional area containing the following four land use activities: Residential 55% • Commercial 10% Industrial 24% • Open S ace 11% Total = 100% e. Are there significant water quality issues listed in the attached application report? X Yes ❑ No Page 1 SWU-264-103102 NPDES RPE Stormwater Permit Application III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ❑ Yes X No b. Local Water Supply Watershed Program X Yes ❑ No c. Delegated Erosion and Sediment Control Program X Yes ❑ No d. CAMA Land Use Plan ❑ Yes X No IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to co -permit with Yes X 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 X No with another Phase II entity? d. If so, provide the name(s) of the entity: e. Have legal agreements been finalized between the co- ❑ Yes X 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 X No b. If yes, identify each entity and the element they will be implementing • Name of Entity • Element they will implement • Contact Person • Contact Address • Contact Telephone Number c. Are legal agreements in place to establish responsibilities? ❑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. Page 2 SWU-264-103102 NPDES RPE Stormwater Permit Application VII. 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. 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 properlygather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. lam aware that there are significantpena/ties for submitting false information, including the possibility of fines and imprisonment for knowing Wolatlons Signature Name Strib Boynton Title City Manager Street Address 211 S. Hamilton Street PO Box P.O. Box 230 City High Point State NC Zip 27261 Telephone (336) 883-3289 Fax (336)883-3052 E-Mail Strib.boynton@highpointnc.gov 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 Derrick Boone b. Title Stormwater Superintendent c. Street Address 816 E. Green Drive d. PO Box P.O. Box 230 e. City High Point f. State NC g. Zip 27261 h. Telephone Number (336) 883-3455 i. Fax Number (336) 883-8561 j. E-Mail Address derrick.boone@highpointnc.gov 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 VIII. If further space needed, attach additional sheets. a. RCRA Hazardous Waste N/A Management Program N/A b. UIC program under SDWA 1. Eastside Wastewater Treatment Plant NPDES Permit NCO024210 Contact: Randy Smith c. NPDES Wastewater Discharge 2. Westside Wastewater Treatment Plant Permit Number NPDES Permit NCO024228 Contact: Mike Swan 3. Ward Filtration Plant NPDES Permit NCO081256 Contact: Wendell Pickett. d. Prevention of Significant N/A Deterioration (PSD) Program N/A e. Non Attainment Program f. National Emission Standards for N/A Hazardous Pollutants (NESHAPS) reconstruction approval g. Ocean dumping permits under the N/A Marine Protection Research and Sanctuaries Act h. Dredge or fill permits under N/A section 404 of CWA Page 4 5WU-264-103102 NPDES RPE Stormwater Permit Application 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-268). TABLE OF CONTENTS 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 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 NORTH CAROLINA'S INTERNATIONAL CITY' City of High Point NPDES MS4 Permit NCS000421 Stormwater Management Program Report February 1, 2010 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 I 1 1. Storm Sewer System Information 1.1 Population: 100,442 Permanent: 100,442 Basis of Population statistic: 2009 Population Estimate by the City of High Point Planning Department (see Appendix 1). Seasonal: N/A Method used to create seasonal estimates: N/A 1.2 Growth Rate: 1.89% 1.3 Jurisdictional and MS4 Service Areas: 55.38 square miles 1.4 MS4 Conveyance System: There are both curb/gutter and ribbon pavement streets in High Point. The stormwater drainage system has both pipe and open channel conveyances. There are certain older areas in High Point that have undersized and deteriorating drainage systems. The streams throughout High Point have been significantly impacted by stormwater runoff. A number of these streams have eroded stream banks, large amounts of trash/litter, and elevated fecal coliform counts. The City of High Point maintains the storm sewer system in the public right-of- way. It is the responsibility of private property owners to maintain the drainage system located on private property. The City of High Point provides the Stormwater Management Improvement Program to assist private property owners with the maintenance and repair of stormwater conveyances (See Appendix 2). Stormwater maintenance activities that are performed in the public right-of-way or on private property that qualify for the Stormwater Management Improvement Program, include: removal of debris and obstructions, pipe repair or replacement, pipe installation, and bank/slope stabilization. In 2004, the citizens of High Point passed a bond referendum for large scale stormwater improvements in 7 drainage basins in High Point. The drainage and watershed planning studies have been completed in the 7 drainage areas and design/construction is underway in all 7 drainage basins. There are 19 full time positions dedicated to providing maintenance to the stormwater drainage system. A vactor truck, is utilized for the removal of debris and obstructions from the stormwater drainage system. Two street sweepers are utilized for the removal of trash and sediment from the streets. Multiple crews are utilized for ditch/culvert maintenance in the public right-of-way and also on private property. Due to the limited number of personnel and equipment, the bulk of the stormwater maintenance activities performed are complaint driven. Large scale stormwater repairs are completed as capital improvement projects. Page 12 1.5 Estimated percentage of jurisdictional area containing the following four land use activities: Residential: 55 Commercial: 10 Industrial: 24 Open Space: 11 1.6 TMDL Identification: Basin Waterbody Pollutant Approved Cape Fear E. Fork Deep River Turbidity, Fecal Coliform March 4, 2004 Cape Fear Richland Creek Fecal Coliform May 17, 2004 Yadkin Richfork Creek Fecal Coliform April 28, 2004 2. Receiving Streams See Appendix 3 for a complete table of receiving streams located within the City of High Point. 3. Existing Water Quality Programs 3.1 Local Programs: a) A Water Supply Watershed Protection Program was implemented in 1993 to protect the five watersheds located in the City of High Point. The watersheds that are protected include: Oak Hollow Lake, City Lake, Oakdale Reservoir, and Randleman Lake. The watershed protection requirements are outlined in Chapter 7 (Environmental Regulations) of the City of High Point Development Ordinance. Water quality monitoring is performed bi-weekly in the Oak Hollow and City Lake watersheds. b)' The City of High'Point Sedimerit and Erosion Control Program regulates land - disturbing activities to control accelerated erosion and sedimentation -to prevent the pollution of water and other damage to lakes, watercourses, and other public and private property by sedimentation. Prior to the commencement of any land -disturbing activity not exempted by Sec. 9-3-2(c) of the City of High Point Development Ordinance, a land disturbing activity permit and a soil erosion and sedimentation control plan must be approved by an Erosion Control Inspector. The Sediment and Erosion Control Program regulates land -disturbing activities greater than one acre through the following activities: plan review; inspection of construction sites; and follow-up with enforcement when necessary. 3.2 State Programs: N/A Page 13 4. PERMITTING INFORMATION 4.1 Responsible Party Contact list: see Appendix 4 4.2 Organizational Chart: NPDES Phase II Compliance 4.3 Signing Official: Strib Boynton, City Manager. Mr. Boynton is'the City Manager for the City of High Point and will be the signing official for the NPDES stormwater permit application. 4.4 ' Duly Authorized Representative: N/A S. Co -Permitting Information: N/A 6. Reliance on Other Government Entity: N/A Page 14 7. STORMWATER MANAGEMENT PROGRAM PLAN 7.1 Public Education and Outreach on Storm Water Impacts 7.1.1. BMP Summary Table: BMP's and Measurable Goals for Public Education and Outreach �„i kY 3 R1 kv , v is4YR +.4""' Ryy Posi .: —IN uabteGaf�s 3 PR nl*S"a4E' 1 Public Implement a public X X X X X Stormwater Education and education and Superintendent Outreach outreach program. Program Outreach for significant Environmental minority and Coordinator disadvantaged communities will be incorporated into the program. 2 Informational The Stormwater X X X X X Stormwater Web Site Services Division will Superintendent maintain an internet web site: Stormwater related information on water quality issues, capital improvement projects, and contact information for stormwater management program staff will be available to the public 3 Public eucation Develop general X X X X X Stormwater materials for Stormwater Superintendent schools, educational material to homeowners, appropriate target Environmental and/or groups as likely to Coordinator businesses have a significant stormwater impact. 4 Public Distribute written X X X X X Stormwater education educational material to Superintendent material a broad public dissemination audience. Methods of Environmental distribution to be Coordinator considered will be utility mailouts and at special events. 7.1.2. Target Audience: The intent of High Point's stormwater education plan is to implement BMPs that will reach a broad audience. The targeted audience will vary by BMP, but the overall target audience for the education program will include: school children, Page 15 households, business and industry, gardeners, and the Hispanic community. Households will be targeted to educate homeowners on stormwater pollution and the impact -that residential "practices" can have on stormwater runoff. Commercial and Industrial properties will be targeted to educate businesses on stormwater pollution and how certain commercial/ industrial "practices" can impact stormwater runoff. 7.1.3 Target Pollutant Sources: Trash- Litter and trash pose a problem for City beautification and a floatables problem for the drainage system. It is much easier to prevent litter than it is to clean it up. Sediment- Due to rapid growth and development in certain areas of High Point, there is a problem with sediment transport. Educating the public will make them notice and report the greater than one acre sites that are in violation of the Sediment and Erosion Control. Fecal Coliform- Many streams in High Point have elevated fecal coliform levels. Citizens will be educated on the importance of cleaning up and disposing of pet waste. Disposal of household chemicals and used oil- Citizens will be educated on the proper disposal of household chemicals and used motor oil. Ap0lication of lawn careproducts- Public education efforts will continue to address the application of nutrients and the effects on receiving streams and water bodies. 7.1.4. Outreach Program: The City of High Point's will continue to develop and implement a comprehensive public education plan. The education plan will include a wide variety of BMPs that will focus on educating the public on the importance of clean water and how humans can negatively impact water quality. The stormwater BMPs that will be utilized in this education plan may include: an in -school education program, brochures/pamphlets, a website, newspaper/TV campaigns, drain markers, and watershed signs. The time frame for irriplementation, targeted audiences, and the measurable goals for each BMP will be included in the education plan. The implementation progress will be documented in each annual report. Page 16 7.1.5. Evaluation: The program element will be reviewed annually with an emphasis on the number of people reached versus the amount of materials produced, amount of trash removed, or other relevant values as indicated in the. comprehensive public education plan. Z2 Public Involvement and Participation 7.2.1. BMP Summary Table: BMP's and Measurable Goals for Public Involvement and Participation .. �: i. e+,t t _ ;` �' G F 4`,�t a a \a „ YR4� y ¢ YR 55 YR :� °fir e. YR� YR" a 4 Res onsIN' rs P 4,�, µ ,,5� �v.PositionlPart';q 1 Administer a Develop and implement a 'X X X X X Stormwater Public Public Involvement and Superintendent Involvement Participation Program. Program 2 Allow the public 'Conduct at least one X X X X X Stormwater an opportunity to public meeting to allow the Superintendent review and public an opportunity to comment on the review and comment on Stormwater Plan the Stormwater Plan. 3 Organize a Organize and implement a X X X X X Stormwater volunteer volunteer stormwater Superintendent community related program designed involvement to promote ongoing citizen Environmental program participation. Coordinator 4 Establish a The Stormwater Services X X X X X Stormwater Citizens Advisory Division has utilized citizen Superintendent Panel advisory committees for the certain stormwater related program slissues, and will continue to use citizen advisory committees as needed. 7.2.2. Target Audience: The target audience will be the citizens of High Point. 7.2.3. Participation Program: Participation will be through the form of a public hearing. Stormwater related volunteer programs'will also be implemented for public participation. Page 17 7.2.4. Evaluation The minimum measure will be evaluated based on public / City Council input. The permit application will be reviewed, revised as needed and sent to the North Carolina Department of Environment and Natural Reso.urces for permit issuance. Volunteer programs will be evaluated based on public participation and overall effectiveness of the program. 7.3 illicit Discharge Detection and Elimination 7.3.1. BIVIP Summary Table: BMP's and Measurable Goals for Illicit Discharge and Elimination W. R --1 YR WR' --1 'YW vt' Resp a 'iBNiO4'U b sura a E WS 0 -kn n/pAn 1 Develop / Develop and implement an X X X X X Stormwater Implement an Illicit Discharge and Superintendent I Illicit Discharge Elimination Program. Include Detection and provisions for program Elimination assessment and evaluation. Program 2 Establish and Establish and maintain X' X X X X Stormwater maintain adequate legal authorities to Superintendent appropriate legal prohibit illicit discharges and authorities enforce the approved Illicit Discharge Detection and Elimination Program. 3 Develop a Storm Identify outfall locations and X X X X X Stormwater Sewer System map stormwater drainage Superintendent Base Map system components. Mapping components will include outfalls, drainage areas, and receiving streams. ' 4 Implement illicit Implement an inspection X X X X X Stormwater discharge program to detect dryweather Superintendent detection flows at system outfalls. procedures Establish procedures for tracing the sources of illicit discharges and for removing 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 4 Conduct Conduct training for municipal X X X X X Stormwater employee cross- staff on detecting and Superintendent training _ reporting illicit discharges. Page 18 u C�9Y. , g �1 Yk :i ij ! /j ��. ,i3MP lye i �;°. g� �, ryi 4l tv L 3--}$. ',�A'1: Measuraiil'egGoafs� YR _ Y :1 , Yf�� J i hi" Y 7�. YR ° , 3� �• YR� �� a 4,,; �-YR a h ! 4 fi E, 5„h '�'` Resnansitife '� 1,� `4 ., fa y 4 t, �Y. _�Posit�onlPart „ 5 Provide public Inform public employees, X X X X X Stormwater education businesses, and the general Superintendent public of hazards associated with illegal discharges and Environmental improper disposal of waste. Coodinator 6 Establish a public Establish and publicize a X X X X X Stormwater reporting reporting mechanism for the Superintendent mechanism public to report illicit discharges. 7.3.2. Storm Sewer System Map: Public Services staff will continue to locate outfall locations in the field and record locations using a global positioning system (GPS). Staff will also use USGS (7.5 min quads), High Point topographic maps, as-builts and other necessary information to help locate outfall locations. The map of outfall locations will be in digital format and will be maintained by the City. The map will be incorporated into the City of High Point GIS database. A hard copy of the map will be kept in the Stormwater Division offices for the public to review. 7.3.3. Regulatory Mechanism: The City of High Point Illicit Discharge a_nd Connection Ordinance will be utilized to prohibit illicit discharges into the MS4. 7.3.4. Enforcement; The enforcement of illicit discharges will be carried out through Chapter 3, the Public Nuisance section of the City of High Point Code of Ordinances. 7.3.5. Detection and Elimination: The City of High Point Customer Service Line (883-3111) will be available for citizens to notify the City of illicit discharges and connections. Other strategies for finding illicit connections that will be considered include: • stream walking while inventorying the outfalls; • dry weather monitoring of outfalls; • educating relevant City employees on identifying illicit connections; and o any other useful strategy that could be effective in detecting illicit connections. The City of High Point Fire Department HAZMAT will conduct spill response in the community. The Guilford County Environmental. Health Division assists with Page 19 the cleaning up of spills. City employees that work at applicable facilities will be educated on spill prevention and proper procedures to follow if a spill occurs. If an illicit connection or discharge is detected, all appropriate actions will be taken to eliminate the discharge on non-stormwater into the MS4. 7.3.6. Non Stormwater Discharges: Illicit or Allowable 1. Waterline flushing. Allowable 2. Landscape irrigation: Allowable 3. Diverted stream flows: Allowable 4. Rising ground waters: Allowable 5. Uncontaminated ground water infiltration (as defined at 40 CFR §35.2005(20)): Allowable 6. Contaminated pumped ground water: Allowable 7. Discharges from potable water sources: Allowable 8. Foundation drains: Allowable 9. Air conditioning condensation: Allowable 10. Irrigation water: Allowable 11. Springs: Allowable 12. Water from crawl space pumps: Allowable 13. Footing drains: Allowable 14. Lawn watering: Allowable 15. Individual residential car washing: Allowable 16. Flows from riparian habitats and wetlands: Allowable 17. Dechlorinated swimming pool discharges: Allowable 18. Street wash water: Allowable 7.33 Outreach: In developing the stormwater education plan, the most effective strategies for educating the public on illegal discharges and improper disposal of waste will be evaluated. Those strategies determined to be most effective for educating the public on illicit discharges will be incorporated into the comprehensive Stormwater education plan. 7.3.8. Staff Training: The Stormwater Division is currently training the various City divisions and departments by showing the video, Storm Watch: Municipal Storm Water Pollution Prevention and utilizing the Storm Watch training manual and quiz for assessment. The training includes good housekeeping measures and also the procedure for detecting and reporting illicit discharges. Page 110 7.3.9. Evaluation: The goal will be to address all illicit discharges and connections as detected. The City of High Point will attempt to remove 50% of detected illicit discharges in a permit year. The illicit discharge and detection program will be evaluated based on removal rates and type/nature of discharges detected. 7.4 Construction Site Stormwater Runoff Control The City of High Point will implement and enforce a sediment and erosion control program in compliance with State of North Carolina Sediment and Erosion Control Program (see Appendix 5- Sec. 9-7-11 of City of High Point Development Ordinance). BMP's and Measurable Goals for Construction Site Stormwater Runoff Control ra 3 ;, +s �i• 7 n.� i'?,+ fir- U- 3 a 'w-j ax°s �i:c ✓ ,h i $ Y . f J s T i / : �+ YR YR�, YF2 x NYR ; „,_„'s 'F ' Responsible ;: iBMP� ?. s,,: "=';�MeasurableGoals�, �, 2,,. t�� ,. Pasi#ionlPart N ,;,.'i; :3a:. .4`. 1 Compliance with State Implementation and X X X X X Civil Engineer of North Carolina enforcement of sediment /Engineering Sediment and Erosion and erosion control will Services Dept. Control Program. continue with provisions of Refer to Sec. 9-7-11 of City of High Point City of High Point - Development Ordinance. Development Ordinance 2 Develop requirements Require construction site X X X X X Civil Engineer on construction site operators to implement /Engineering operators erosion and sediment Services Dept. control BMPs and to control construction site wastes that may cause adverse water quality impacts. 3 Provide education and New material may be X X X X X Civil Engineer training materials for developed by the permittee, /Engineering construction site or the permittee may use Services Dept. operators materials adopted from other programs and adapted to the permittee's construction runoff controls program. 4 Institute plan reviews Review construction plans X X X X X Civil Engineer and establish procedures /Engineering that incorporate water Services Dept. quality considerations in construction site plan reviews. Page � 11 N IRE 'w suriablGaa ponslb,e; artw Establish public Establish procedures for x X, x X Civil Engineer ,5 information procedures receipt and consideration of ix /Engineering erosion and sedimentation Services Dept. 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. 6 Establish inspection Establish procedures for X X X X X Civil Engineer and enforcement site inspection and /Engineering procedures enforcement of control Services Dept. measure requirements. The procedures should include prioritizing areas of inspections based on local criteria. 7.5 Post -Construction Storm Water Management in New Development and Redevelopment 7.5.1. BIVIP Summary Table: BMP's and Measurable Goals for Post -Construction Stormwater Management BIKA, M 5N-1 N IjMeAsUrabWGS, p lM2 _rap -U M_Y RViX MgEpi0KIW AIR bbrT A 1 Continue to Evaluate effectiveness of x X X X X Stormwater implement and Development0rdinance Superintendent enforce post- based on amendment construction process. Stormwater stormwater management related management amendments will be standards and documented and reported policies addressed annually. in City of High Point Development Ordinance Page 112 ....:.q.- 5 �"•i M ..1 .,� ry ' Ky.rBMI? d .:iA`i Gf)-i� ._ . fi , e.° r� �~ y; vi x r Measurable:Goals �, YR . 1 =aYR, . ,2 ' J YR� ''9;3 7..- YR^ 4 YR �5'.'� Ras onslbtaF ' ��P.ositioirilPart 2 Establish strategies Develop and implement X X X X X Stormwater which include BMPs strategies that include a Superintendent appropriate for the combination of MS4 structural and/or non- structural BMPs. Provide a mechanism to require long-term operation and maintenance of structural BMPs. Require annual inspection reports of permitted structural BMPs performed by a qualified professional. 3 Establish a program to Control the sources of X X X X X Stormwater control the sources of fecal coliform to the Superintendent fecal coliform to the maximum extent maximum extent practicable. Develop practicable and implement to ensure proper operation and maintenance of on -site wastewater treatment systems for domestic wastewater. Municipalities must coordinate this program with county health department. 7.5.2. Regulatory Mechanism: see Appendix 6 - Chapter 7 of City of High Point Development Ordinance The Watershed Protection section of the City of High Development Ordinance applies to all property within the city of High Point and its extraterritorial jurisdiction, including both water supply watersheds and non -water supply watersheds. National Pollutant Discharge Elimination System (NPDES) Phase 11 stormwater regulations apply jurisdiction -wide and are overlaid by districts that regulate development in water supply watersheds, including the separate General Watershed Areas (GWA) and Watershed Critical Areas (WCA) of Oak Hallow Lake, City Lake, Oakdale Reservoir, Randleman Lake and the Uwharrie (Lake Reese) watersheds. Activities covered include land disturbance, paving, gravel placement, and construction of buildings and other structures, except for the exemptions listed Page 1 l 3 : in Section 9-7-1(e). The following mechanisms are addressed in Chapter 7 of the City of High Point Development Ordinance in regards to post construction runoff from new developments and redevelopments: • Protection of Fragile Areas (Sec. 9-7-3) ■ Land Disturbance Minimization ■ Floodplain Protection ■ Stream Buffers ■ Slope and Buffer Protection • Low Impact Design (Sec. 9-7-4) • General Standards and Restrictions (Sec. 9-7-5) ■ Density and Intensity Requirements ■ Minimum Stormwater Control Requirements Structural BMP Design, Construction, and 0&M Requirements ■ Watershed Development Plan Submittal Requirements and Plan Review • Tree Preservation (see Appendix 7) • Enforcement (see Appendix 8- Ch. 8 of the CHID Development Ordinance) 7.5.3. Structural BMPs: see Appendix 5 -Chapter 7 of City of High Point Development Ordinance Engineered Stormwater Controls: In accordance with Tables 775-1 and 7-5-2 (as shown in Chapter 7 of the Development Ordinance), a wet detention pond or other BMP meeting the performance standards of control of the first one inch of rainfall from the 10 year storm and removal of 85%total suspended solids shall used to control stormwater runoff in compliance with the NCDFNR Stormwater BMP Design Manual. In lieu of an on -site engineered stormwater control, developments may participate in a regional stormwater control program in compliance with the requirements of Sec. 9-7-5(c) of the Development Ordinance. Alternate Measures: As required by Tables 7-5-1 and 7-5-2in the Development Ordinance, the following stormwater management facilities are considered alternate measures that may be allowed provided that they meet the standards of the NCDFNR Stormwater BMP Design Manual: a. Extended dry pond b. Infiltration Trench c. Natural Infiltration Area d. Participation in a public or private regional runoff control program, in compliance with Sec. 9-7-5(c) of the Development Ordinance. Page114 e. Low Impact Design f. Any other BMP approved by the Watershed Review Committee that meets the performance standards of control of the first one-half inch of rainfall from the ten-year storm. ' Vegetated Conveyances for Low Density Design- Stormwater runoff shall be transported from the development by vegetated conveyances to the maximum extent practical as determined by the Technical Review Committee. 7.5.4. Operation and Maintenance: see Section 9-7-5(d)(5) of the City of High Point Development Ordinance (Appendix 6). Operation and Maintenance Agreement: Maintenance responsibility for stormwater management facilities and their access shall be vested with a responsible party by means of a legally binding and enforceable operation and maintenance agreement that is executed as a condition of plan approval, as provided for in Section 9-7-5(d)(3). Said agreement must be approved by the Enforcement Officer and shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the stormwater management facilities. In the case of participation in a regional runoff control program per Section 9-7-5(c), a .binding contract or agreement shall be required for participation. b. The operation and maintenance agreement shall be referenced on the final plat and shall be recorded with the county Register of Deeds upon final plat approval. If no subdivision plat is recorded for the site, then the operation and maintenance agreement shall be recorded with the county Register of Deeds so as to appear in the chain of title of all subsequent purchasers under generally accepted searching principles. c. The operation and maintenance agreement shall require the owner or owners' association to maintain, repair and, if necessary, reconstruct the stormwater management facilities, and shall state the terms, conditions, and schedule of maintenance for such. The owner of each stormwater management facility installed pursuant to this Ordinance shall maintain and operate it so as to preserve and continue its function in controlling water quality and quantity in accordance with the function for which it was designed. The operation and maintenance agreement shall refer the property owner or owners' association to the City of High Point for specific maintenance requirements of stormwater management facilities. In addition, it shall grant to the City a right of entry in the event that the Enforcement Officer has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the stormwater management facilities. In no case shall the right of entry, of itself, confer an obligation on the City to Page 115 assume responsibility for maintenance of the stormwater management facilities. d. The Enforcement Officer shall have the responsibility to inspect the engineered stormwater control structures annually, as required by NC Environmental Management Commission, to record the results on forms approved or supplied by the North Carolina Division of Water Quality, to inspect any other stormwater management facilities as deemed necessary, and to notify the responsible property owner or owners' association when maintenance or repairs are required. All required repairs and maintenance shall be performed within 90 days after such notice. In case of failure by the responsible party to perform the required maintenance or repairs within the stated period, the city may perform such maintenance or repairs and recover all costs attendant thereto from the property owner or owners' association. For all stormwater management facilities required pursuant to this Ordinance that are owned by a private property owner or an owners' association, the required operation and maintenance agreement shall include all of -the following provisions: 1. Acknowledgment that the owner or owners' association shall continuously operate and maintain the stormwater management facilities. 2. Establishment of an escrow account, which can be spent solely for sediment removal, structural, biological or vegetative replacement, major repair, or reconstruction of the stormwater management facilities. If stormwater management facilities are not performing adequately or as intended or are not properly maintained, the City, in its sole discretion, may remedy the situation, and in such instances the City shall be fully reimbursed from the escrow account. Escrowed funds may be spent by the owner or owners' association for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the stormwater management facilities. 3. Granting to the City a right of entry to inspect, monitor, maintain, repair, and reconstruct stormwater management facilities. 4. Allowing the City to recover from the owner or owners' association and its members any and all costs the City expends to maintain or repair the stormwater management facilities or to correct any operational deficiencies. Failure to pay the City all of its expended costs, after forty-five (45) days written notice, shall constitute a breach of the agreement. In case of a deficiency, the City shall thereafter be entitled to bring an action against the owner or owners' association and its members to pay, or foreclose upon the Page 116 lien hereby authorized by the agreement against the property, or both. Interest, collection costs, and attorney fees shall be added to the recovery. 5. A statement that this agreement shall not obligate the City to maintain or repair any stormwater management facility, and the City shall not be liable to any person for the condition or operation of stormwater management facilities. 6. A statement that this agreement shall not in any way diminish, limit, or restrict the right of the City to enforce any of its ordinances as authorized by law. 7. A provision indemnifying and holding harmless the City for any costs and injuries arising from or related to th.e stormwater'management facilities, unless the City has agreed in writing to assume the maintenance responsibility and has accepted dedication of any and all rights necessary to carry out that maintenance. Inspection Program: Inspections and inspection programs by the City may be conducted or established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in stormwater management facilities; and evaluating the condition of stormwater management facilities. If the owner or occupant of any property refuses to permit such inspection, the Enforcement Officer shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2 or its successor. No person shall obstruct, hamper or interfere with the Enforcement Officer while carrying out his or her official duties. Maintenance Responsibility: a. Maintenance responsibility for -an engineered stormwater control and/or its buffer shall be vested with a responsible party by means of a legally binding and enforceable maintenance agreement that is executed as a condition of plan approval, as provided for in Sec. .9-7-6(c)(3). b. When engineered stormwater control structures serve more that one lot, an owners association for the purpose of maintenance shall be Page 117 required (see Sec 9-6-10), or a binding contract or agreement shall be required for participation in a regional runoff control program (see Sec. 9- 7-6(e)). c. Maintenance of engineered stormwater control structures shall be performed at such time as the designated sediment storage volume of the structure has been lost to sediment storage and/or a part of the installation is not functioning as originally designed. The Enforcement Officer shall have the responsibility to inspect the engineered stormwater control structures annually, to record the results on forms approved or supplied by the North Carolina Division of Water Quality, and to notify the responsible property owner or owners association when maintenance or repairs are required. All required repairs and maintenance shall be performed within 90 days after such notice. In case of failure by the responsible party to perform the required maintenance or repairs within the stated period, the City may perform such maintenance or repairs and recover all costs attendant thereto from the property owner or owners association. 7.5.5. Evaluation: The effectiveness of post construction stormwater management will be evaluated based on the amendment process to the City of High Point Development Ordinance. All amendments to the City of High Point Development Ordinance will be reported annually. The water quality device inspection program will be evaluated based on the percentage of maintenance activities that are being performed by the owners of the inspected water quality devices. Page 118 7.6 Pollution Prevention/Good Housekeeping for Municipal Operations 7.6.1. BMP Summary Table: BMP's and Measurable Goals for Pollution Prevention and Good Hausekeenina for Municipal Operations aYR;YR Responsible,; . a .r�i r..., easurableaGoals,`� 1� 2� ; 3iti. 4�.;PosltianlPart k.1 .r F. 1 Develop an Develop an operation and X X X X X Stormwater operation and maintenance program that Superintendent maintenance has the ultimate goal of program preventing or reducing pollutant runoff from municipal operations. 2 Inspection Develop.an inventory of all X X X X X Stormwater and facilities and operations Superintendent evaluation of owned and operated by the facilities, permittee with the potential operations, for generating polluted and the MS4 stormwater runoff, including system and the M84 system and associated associated structural BMPs. structural Inspect potential sources of BMPs polluted runoff, the stormwater controls, and conveyance systems. Evaluate the sources, document deficiencies, plan corrective actions, and document the accomplishments of corrective actions. 3 Conduct staff Conduct staff training X X X X X Stormwater training specific for pollution Superintendent prevention and good housekeeping procedures. 4 Review of Conduct annual review of X X X X X Stormwater municipality the industrial activities with Superintendent owned or a Phased NPDES operated stormwater permit owned regulated and operated by the .industrial permittee. Review the activities following aspects: the Stormwater Pollution Prevention Plans where one is required, the timeliness of any monitoring reports required by the Phase I permit, and the results of inspections and subsequent follow-up actions at the facilities. Page 119 7.6.2. Affected Operations: A) Municipal Operations that are impacted by the operation and maintenance program: 1. Parks and Recreation i. Golf Courses ii. Maintenance Facilities 2. Vehicle Maintenance Facilities 3. Public Works Operations 4. Wastewater Treatment Plants B) Industrial Facilities that are subject to NPDFS General Stormwater Permits: Facility Permit # COU 1. Hi Tran Public Transit Facility NCG080000 NCG080702 2. Fleet Maintenance Facility NCG080000 NCG080683 3. Materials Recycling Facility NCG130000 NCG130038 4. Kersey Valley Landfill NCG120000 NCG120000 S. Eastside POTW NCG110000 NCG110019 6. Westside POTW NCG110000 NCG110018 7.6.3. Training: A stormwater pollution prevention plan (SPPP).has been -developed for the City of High Point industrial municipal operations. Appropriate methods and practices for reducing pollutants, including the training of personnel, has been addressed with the SPPP. Good housekeeping practices will be implemented as necessary at non -industrial municipal facilities. The Stormwater Services ❑ivision has been performing assessments and training at both industrial municipal facilities and non -industrial municipal facilities. An Operation and Maintenance BMP guidance Manual for Municipal Operations has also been developed for City personnel. Page 120 7.6.4. Maintenance and Inspections: The Customer Service Line (883-3111) is available for citizens to notify City personnel of maintenance problems in the drainage system. In the public right - of way, catch basin cleaning and street sweeping will continue to be performed to reduce floatables and other pollutants. City personnel will also pick up the leaves that citizens rake to the curb as part of the normal loose-leaf collection program. The City's use of inmate labor and the Keep America Beautiful campaign will continue to be used to address litter along streets and in the drainage system. 7.6.5. Vehicular Operations: A stormwater pollution prevention plan (SPPP) has been developed for the City of Nigh Point industrial municipal operations. The SPPP addresses the necessary controls for reducing or eliminating the discharge of pollutants from municipal operations. Good housekeeping practices will be implemented as necessary at non -industrial municipal facilities. Parking lot sweeping and litter pick-up are performed as needed at the City facilities. Salt is stored in a dome building. 7.6.6. Waste Disposal: City personnel will continue to follow the standard operating procedure of disposing all waste removed from the MS4 or other municipal operations in a licensed landfill. City'personnel and citizens may dispose of materials classified as household hazardous waste at Ecoflo located at 2750 Patterson Avenue, Greensboro, NC. 7.6.7. Evaluation: Pollution prevention and good housekeeping is necessary at High Point municipal facilities. A facility -by -facility assessment will continue to be performed and best management practices will be implemented based on the findings from the facility inspections. A municipal facility may be inspected annually or more often as necessary based on the findings of the assessments. The goal will be to eliminate all improper housekeeping practices per year at each facility, as appropriate. Evaluation will be made based on the willingness of City facilities to comply and continue to implement the required good housekeeping measures. Page 121 Planning & Development NORTH CAROLINA'S INTERNATIONAL Cffi ' 2009 POPULATION ESTIMATE FOR THE CITY OF HIGH POINT April 13, 2009 The Planning and Development Department's population dstimate for the City of High Point as of April 1, 2009 was developed using five methodologies listed below .and described on the following pages. These methods produce population figures ranging from a high of 104,311 to 'a -low of 96,603. The population - figures derived from the five methods employed in the 2009 estimate are listed below: • Method 1 ----- 101,877 • Method 2 ----- 1021200 • Method 3 ----- 96,603 • Method 4 ----- 104131.1 • Method 5 ----- 97,218 2009 POPULATION ESTIMATE—100,442 The above estimate of 100,442 represents the average of the five methods used in this report. It suggests that High Point has been -growing at an average annual rate of 1.89% since the U.S. Census was last taken on April 1, 2000, at which, time the City's population was reported to be 85,839. This year's estimate is an increase of approximately 1.98% over last year's estimate of 98,490. Administration Planning Services Development Services Inspection Services 336,883.3326 336.883.3328 336,883.3328 336.883.3151 City of High Point, P.O. 230, 211 South Hamilton Street, High Point, NC 27261 USA Fax: 336,883.3056 vAvw.high-point.net/plan Permit Fax: 336.883,8518 TDD 336,883.8517 Method 1- New Residences: This method relies on residential building permits and demolition permits issued by the Inspection Services Division of the Planning and Development Department from April 1, 2000 through March 31, 2009 to provide the net number of new housing units (residences) and new group quarters facilities approved for construction within the city since the 2000 Census. The number of new housing units was then reduced by the 12.8% vacancy rate reported by the U.S. Census Bureau in the 2007 American Community Survey (ACS) for all housing units (both single family and multi -family units) and added to the city's existing housing stock as of April 1, 2000. This estimated number of housing units in High Point was then multiplied by the average household size of 2.38 persons per household from the 2007 ACS to calculate the estimated population living in occupied housing units. This number was then added to the estimated population living in group quarters to calculate the total estimated population. It should be noted that the 2007 ACS is the most recent data available, and it uses data sampling which results in a margin of error of approximately +/- 4.4% for the vacancy rate and +/- 0.10 for the persons per household figure. Detailed residential building permit data and related population calculations for Method 1 can be found in Attachment #1 at the end of this report. Population Estimate (Method 1)—101,877 Method 2 - State Estimate: Based on the North Carolina Office of Budget and Management's most recent official estimate, High Point had a population of 98,791 as of July 1, 2007 (Source: Municipal_ Populations,_2007 available at: Lttv,//www. osbm. state, ne.us/ncosbm/facts and fi es/socioeconomic data/ o ulation estimates.shtm . The state's procedure for estimating municipal population relies on annexation data obtained annually from each municipality. Pursuant to state law, this information is used to calculate the population of each of the state's municipalities for the year preceding the one in which.the annexation data is obtained, so the state's municipal population estimates are always one year behind the year the results are published (i.e. the most recent estimate published in 2008 was for 2007). The resulting population estimates are used.to determine how state -shared tax revenues are distributed among municipalities. In estimating municipal populations, the state employs a constant proportion methodology, which assumes that areas of a city not recently annexed grow at the same rate as the population of the county (or counties) in which they are located, in combination with a partitioned change method, which assumes that areas recently annexed into a municipality grow at a greater rate than the rest of the city. To help determine their population estimate, the state has started using housing unit totals produced by the U.S. Census Bureau. In the past, the state used less reliable information, such as automobile registration, to estimate population, resulting in generally lower state municipal population estimates. The Office of Budget and Management's 2007 population estimate of 98,791 for High Point reflects an overall increase of 15.09% between April 1, 2000 and July 1, 2007 (87 months) or an average annual growth rate of 2.08% (per twelve months). This represents a constant monthly increase of approximately 0.16166%. Assuming this monthly rate of increase has remained constant since July 1, 2007, High point's April 1, 2009 population using the state estimate methodology is 102,200. Population Estimate (Method 2)—102,200 2 Method 3 - Natural Increase/Migration Method: Estimates of High Point's natural population increase (live births minus deaths) and net migration were obtained from county population projections developed by the state's Office of Budget and Management (Source: County Population Growth 2000-2010 available at http://www.osbm,state.nc.us/neosbm/facts and fig es/socioeconomic data/ population estimates.shtml. information about the natural population increase was previously obtained from the North Carolina State Center for Health. Statistics. However, this year the natural growth figures were determined using the state Office of Budget and Management projections, because this information is more readily available, unlike the method used in previous years. This also allowed the natural increase figure to be determined using the same source and method used to determine the net migration figure calculated for this method. The most recent data available from the Office of Budget and Management indicates that the portion of Guilford County's projected population increase between April 1, 2000 and March 31, 2010 attributable to natural growth is 23,786. The projected population increases over the same 10-year period attributable to natural growth for the other three counties containing portions of the City of High Point are estimated to be 6,005 for Davidson County; 19,090 for Forsyth County; and 7,108 for Randolph County. Using a constant . proportion method, High Point, which represented 20.10602% of Guilford County's 2000 population, 0.78983% of Davidson County's 2000 population, 0,00196% of Forsyth County's 2Q00'population, and 0.01073% of Randolph County's 2000 population, would receive the same proportional share of each county's 10-year population increase attributable to natural growth. The resulting figures are prorated for the last nine months of 2000, all of 2001-2008, and the first three months of 2009, and amount to an increase of approximately 4,304 for Guilford County, 43 for Davidson County, 0 for Forsyth County, and 1 for Randolph County, for a total of 4,3.48. Similarly, the projected county population increases from 2000 and 2010 attributable to net migration were estimated to be 35,194 for Guilford County; 6,550 for Davidson County; 27,657 for Forsyth County; and 5,041 for Randolph County. Again using the constant proportion method and prorating the figures to April 1, 2009, High Point's population increase due to net migration was approximately 6,369 for Guilford County, 47 for Davidson County, 0 for Forsyth County, and 0 for Randolph County for a total of 6,416. Therefore, High Point's estimated April 1, 2009 population based on the natural increase/migration method includes the sum of its 2000 population (85,839), its natural population growth since the 2000 Census (4,348), and its growth due to net migration since the 2000 Census (6,416) for a total of 96,603. Population Estimate (Method 3) — 96,603 Method 4 U.S. Census Bureau Municipal Estimates: The U.S. Census Bureau prepares annual population estimates for municipal jurisdictions by using. housing unit estimates to distribute the county population to municipalities within each county. These housing unit estimates rely primarily on building permit data to update housing unit changes since the last census. The municipal estimates can be found at: http://www.census.gov/popest/cities/cities.htmi. The Census Bureau's most'recent municipal estimate for the City of High Point is 100,432 as of July 1, 2007. This represents an average annual increase of approximately 2.429% since April 2000 and a constant monthly increase of 0.18063%. Assuming the monthly rate of increase has remained constant since July 1, 2007, High Point's April 1, 2009 population using the U.S. Census Bureau municipal estimate method is 104,311. Population Estimate (Method 4)—.104,311 3 Method 5 - U.S Census Bureau County, Estimates: The U.S: Census Bureau also prepares annual population estimates for each state and county. These estimates can be found at http://www.census.aov/pot)est/estimates.html. The most recent figures indicate that Guilford County's population was estimated to be 472,216 as of July 1, 2008, representing .a 12.15% increase since April 1, 2000 and a monthly growth rate of 0.115915%. Assuming this monthly growth rate has remained constant since July 1, 2008, Guilford County's April 1, 2009 population would be 477,165. Using the constant proportion method, High Point, representing 20.10602% of Guilford County's 2000 population, would represent 20.10602% of the county's April 1, 2009 population, or 95,939. Similarly, High Point represented 0.78983% of Davidson County's 2000 population, 0.00196% of Forsyth County's 2000 population, and 0.01073% of Randolph County's 2000 population. After calculating the monthly growth rates for each of -these counties, and assuming the monthly growth rates and proportions of total population have remained constant since 2000, High Point's share of the estimated April 1, 2009 population is 1,257 for Davidson County; 7 for Forsyth County; and 15 for Randolph County, resulting in a total population of 97,218 for High Point as of April 1, 2009. Population Estimate (Method 5) -- 97,218 4 Attachment # 1: 2009 POPULATION ESTIMATES BASED ON BUILDING PERMITS Occupied Occupied Total Total Population Single Multi- Occupied Within Family Family Housing Group Units Units Units Quarters 2000 Census 25,527 7,971 33,498 2,303 New New Net Total Single Single Net Single Multi- Multi- Multi- Population Census Year Family Family Family Family Family Family Total within (April 1st thru Units Units Housing Units Units Housing Housing Group March 31st) Approved Demolished Units Approved Demolished Units Units Quarters 2000-01 755 -66 689 70 -4 66 755 NIA 2001-02 926 -60 866 603' 0 603 1 469 115 2002-03 891 -52 839 266 0 266P259 213 2003-04 817 -50 767 392 0 392' 0 2004-05 892 -61 831. 861 0 861 0 2005-06 1,044 -120 924 214 440 74 418 2006-07 835 -104 731 72 0 72 0 2007-08 433 -82 351 361 0 361 508 2008-09 229 -90 139 120 0 120 16 Totals 2001 thru 2009 6,822 .685 6137 -144 2,815 8,952 1,270' Grand Total F2959 1 (2001 thru 2009 + 2000 Census NIA NIA 31664 j NIA NIA 10,786 42,450 3,573 Mi NET SINGLE FAMILY (DETACHED & ATTACHED) UNITS (2001 thru 2009): 6,137 68.6% NET MULTI -FAMILY (APARTMENT) UNITS (2001 thru 2009): 2,815 31.4% TOTALS: 8,952 100.0% OCCUPIED SINGLE FAMILY UNITS (2000 CENSUS): 25,527 76.2% OCCUPIED MULTI -FAMILY UNITS (2000 CENSUS): 7,971 23.8% TOTALS: 33,498 100.0% 2008-09 Total Housing Units Estimate = 33,498 + [8,952--12.8% (2007 vacancy rate)] x 2.38 (2007 average household size) = 98,304 April 2009 Total Estimated Population = 98,30_4 + 3,573 (Estimated Group Quarters)=101,877 NORTH CAROLINA75 INTERNATIONAL CITY" STORMWATER MANAGEMENT ]IMPROVEMENT PROGRAM The Stormwater Management Improvement Program is provided by the City of High Point to assist property owners with storm drainage problems. Implementation of this program does not constitute acceptance of responsibility by the City for the existence of particular storm drainage problems; or acceptance of dedication, ownership, or future maintenance responsibility concerning any stream or ditch or any other area of private property. The City will perform the following work concerning streams and ditches on private property for the purpose of improving natural stormwater drainage: . • Clean out debris and obstructions to improve water flow. • Perform bank and slope stabilization. • Install pipe to contain flow. Who Qualifies for the Program? • The Stormwater Management Improvement Program is available to all property owners in the City of High Point. • The site must receive stormwater from public streets or publicly owned land contributing to the flow of the pipe/channel. • Any drainage channel or stream designated as stream buffer or is required under provisions of the City of High Point Development Ordinance (Chapter 7- Environmental Regulations) will be not eligible for the piping option of the Stormwater Management Improvement Program. • This program does not apply to new construction projects or for the maintenance of privately owned water quality devices. Program Criteria • For piping requests, the maximum size of any pipe installed shall be 42" RCP. Any site that requires a pipe size greater than 42" RCP will only be eligible if it meets the more stringent criteria of the City's Capital Improvement Program. • All affected property owners must sign a petition form prescribed by the City requesting the work and giving permission to enter their property for that purpose. The City shall determine on what portion of the stream or ditch the work shall be performed to effectuate the efficient and safe flow of water. Cont. => • The design and installation will meet the design and construction standards of the City of High Point. • The City will be responsible for all engineering and plans for the work, including scope of the work, means of performing it, schedule, and size and type of any materials necessary to perform the work. • The property owner(s) shall be responsible for providing all materials deemed necessary to perform the work. • All such owners of property shall be responsible for removing any obstructions, objects, or vegetation that the City deems necessary or convenient to perform the work. • All such owners shall agree to hold harmless the City and its agents or employees from any and all liability of any nature for personal injury, property damage, or any other form of damage arising out of the work. • The Stormwater Services Division will assess all participation requests and prioritize them based on established rating criteria. Projects are prioritized based upon the potential for being. a safety hazard or damage to property. I For more information or assistance please contact the Stormwater Services Division at (336) 883-3455. Revised 1 t/25/02 Appendix 3 City of High Point Primary Stream List Cape Fear River Basin 'rli .�;r -3 ,}�kTN''•.171-j; :May eTk'�"I. " �. 5.� .YvPEaBt Fork of Deep River �':rut ?. nA3r - �il'.5`st Ci'_a iYa4,r -,Y114-!�j iw:-X•_]�' R��}i'i$o€.:.I':•' :i? Water Quality Uso Support Rocoivina Stream Name Stream Segment Index 0 Classification Rating Water Quality Issues 303 d List From City Limits to a point .4 Fecal Cokform, mile down stream of Guiford Turbidity, and Habitat East Fork of Deep River County SR 1541 17.2 0.3 W$-IV. PS Degradation From point .4 mile down stream of Guilford County SR 1541to High Point City fake, Turbidity and Habitat East Fork of Deep River Deep River 17-2 0.7 WS-IV CA PS Degradation Fecal Coldorm From source just NE of Cunard Farm Rd. to confluence with E. Fork of Unnamed tributary of East Fork of Deep River (South of Regency Deep River Dr.) NIA NIA NIA NIA From Source just N of Clinard Unnamed tributary of unnamed Farm Rd. to confluence with tributary of East Fork of Deep unnamed tributary of East River Fork of Deep River NIA I NIA NIA NIA From Source just N of Ctinard Unnamed tributary of unnamed Farm Rd. to confluence with trlbutaryof East Fork of Deep unnamed tributary of East River Fcrk of Deep River NIA N/A NIA NIA From City Limits N of Ttwrndike Rd. to confluence Unnamed tributaryof unnamed with unnamed tributary of East tributary of East Fork of Deep Fork of Deep River at River Gallimore Dairy Rd, NIA NIA NIA NIA From City Limits W of Pegg Rd. to confluence wilh Unnamed tributary of unnamed unnamed tributary of unnamed tributary of unnamed tributary of tributary of East Fork of Deep East Fork of Deep River River N of Ttvondke Road N1A NIA NIA N/A From City Limits to confluence with unnamed tributary of Unnamed tributary of unnamed unnamed tributary of East tributary of unnamed tributary of Fork of Doop River S of East Fork of Deep River Thorndale Road NIA NIA NIA N/A From City Limits to confluence Unnamed tributary of unnamed with unnamed tributary of tributary of unnamed tributary of unnamed tributary of unnamed unnamed tributary of East Fork of tributary of East Fork of Deep Deep River River S of Throndike Road NIA NIA NIA NIA From City Limits S of Chimney Rock Rd. to confluence with E, Unnamed tributary of East Fork of Fork of Deep River (Piedmont Deep River Regional Lake) NIA NIA NIA NIA From City IfmRa S of Plantation Forms Rd. to confluence with Unnamed tributary of unnamed unnamed tributary of East lributery of East Fork of Deep Fork of Deep River N of River Plodmont Lake NIA NIA NIA NIA From Tarrant Rd. to cordiuence with unnamed Unnamed tributary of unnamed tributary of unnamed tributary tributary of unnamed tributary of of East Fork of Deep River N East Fork of Deep River of Piedmont Lake N/A NIA NIA NIA From Source W of Tarrant Rd. Unnamed tributary of unnamed to to confluence with Unnamed tributary of East Fork of Deep Tributary of East Fork of Deep River River at Piedmont Lake NIA NIA NIA NIA Page 1 Water quality Use Support Receiving Stream Name Stroam Segment Index # Classification Rating Water Quality Issues 303 d List From Source W of Tarrant Rd. to to confluence with unnamed Unnamed tributary of unnamed tributary of East Fork of Deep tributary of East Fork of Deep River .1 miles N of confluence River with East Fork of Deep River NIA NIA NIA NIA From city limits N of Willard Dairy Rd. to confluence with E, Unnamed tributary of East Fork of Fork of Deep River S of Davis Deep River Regional take NIA NIA NIA NIA From Willard Dairy Rd. to Unnamed tributaryof unnamed confluence with unnamed tributary of East Fork of Deep tributary of East Fork of Deep River River W of Highway BB NIA N/A NIA NIA From source E of Single Leaf Cl. to to confluence with Unnamed tributary of unnamed unnamed tributary of East tributary of East Fork of Deep Fork of Deep River at Davis River Lake NIA NIA NIA NIA From source E of Sumter Dr. to confluence with unnamed Unnamed tributary of unnamed tributary of unnamed tributary tributary of unnamed tributaryof of East Fork of Deep River N East Fork of Deep River of Willard Dal Rd. NIA NIA NIA NIA From source N of Penny Rd. Ext. to confluence with Unnamed tributary of unnamed unnamed tributary of unnamed tributary of unnamed tributary of tributary of East Fork of Deep East Fork of Deep River River W of Highway fits. NIA NIA NIA NIA From source N of Premier Dr, to confluence with unnamed Unnamed tributary of unnamed tributary of unnamed tributary tributary of unnamed tributary of of East Fork of Deep River E East Fork of Deep River of HighwayHigiway BB. NIA NIA NIA NIA From source W. of Tarrant Unnamed tributary of East Fork of Rd. to confluence with E. Fork Deep River of Deep River NIA NIA NIA NIA From source N. of Windstream Way to Unnamed tributary of East Fork of confluence with E. Fork of Deep River Deep River NIA NIA NIA NIA From source E. of Same( Drive to oordfuence with Unnamed tributary of unnamed unamed tributary of E. Fork of tributary of East Fork of Deep Deep River N. of Wendover River Av. NIA NIA NIA NIA From source at end of Unnamed tributary of East Fork of Walerwhoel Ct. to confluence Deep River with E. Fork of Deep River I NIA NIA NIA N/A From source at W. of River Unnamed tributary of East Fork of Bend Rd. to confluence with E. Deep River Fork of Deep River NIA NIA NIA NIA From source E. of Unnamed tributary of East Fork of Windstream Wy. to corftuance Deep River with E. Fork of Deep River NIA NIA NIA NA From source N. of Tutbury Dr. Unnamed tributary of unnamed to confluence with unnamed tributary of East Fork of Deep tributary of East Fork of Deep River River N. of Tadmor Ct, NIA NIA NIA NIA Page 2 n.•.i,. ta`�'�3, _t, °.�? -a.z v i; i -. ,isar4s:i.'y'' l . .. .. . . _ '.. ,� - c �.. t-. S _•i / 9 Z = • �.s•. �� s_-HahPoirilCitvl.ake- .r' !li;.3�. s.+•��.� a,�. xe•<s'. .sFs�a�r, Water Quality Use Support Receiving Stream Namo Stroam Segment Index # Classification Rating Water Quall Issues M d List From source In backwaters of Deep River (including High Point High Point Lake to dam at 1WS-IV City Lake at norm at pool High Point Lake (City of High elevation) Point water supply Intake) 17 7 CA NIA NIA Chlorophyll a From source S. of Conella Ct. Unnamed tributary of High Point to confluence with High Point City Lake City Lake NIA NIA NIA NIA From source N. of McDerr Rd. to confluence with unnamed Unnamed tributary of unnamed tributary of High Point City tributary of High Poin(City Lake Lake NIA NIA NIA NIA From source E, of Penny Rd. Unnamed tributary of High Point to confluence with High Point City Lake C' Lake NIA NIA NIA NIA From source E. of Penny Rd. Unnamed tributary of High Point to confluence with High Point CV Lake City Lake NIA NIA NIA NIA A:e "Long Branch TTrt'. �+ _.:.. Ecological 1 Biological From City Limits to a point ,5 Integrity Fish Com mile downstream of Guilford Ecological I Biological Long Branch County SR 1541 17-2-t 7 WS-IV NIA NIA Integrity Senthos From a point.6 mto Ecological IBiological downstream of Guilford Integrity Fish Com County SR 154110 East Fork Ecological I Biological Long Branch of Dow River 17-2.1 2 WS-IV CA NIA NIA Integrity Benthos From source E. of Tarrant Rd. Unnamed tributary of Long to confluence with Long Branch Branch NIA NIA NIA NA From source W. of Guilford Unnamed tributary of Long Collage Rd. to confluence with Branch Long Branch W. of Joy Rd. NIA NA NIA NIA From source N. of Piedmont Parkway to confluence with unnamed tributary of Long Unnamed tributary of an unnamed Branch N. Of South Hampton tributary of Long Branch Dr. NIA NIA NIA NIA From source W. of Guilford College Rd. to confluence wtth Unnamed tributary of an unnamed unnamed tributary of Long tributary of Long Branch Branch N. of Peninsula Dr. NIA NIA NIA NIA From source at landing Cf. to confluence with unnamed Unnamed tributary of en unnamed tributary of Long Branch N. of tributaa of Long Branch Camp Ranger Ln. From source at Jamesford Dr. Unnamed tributary of Long to coafluence with Long Branch 18ranch NtA N/A NIA NIA }ye&YY ;"'�'�, f4 '.R'��I ,:�. ir-r,�:_��i�:�'i.,�n..^�'e1^{?�a,�X.YL,c'1 Bp111dtn B(anph E'v _`yo'�.Y. a-*�.+ "t .h t-��•F�3 �-r�P :; kYfT'9.1 a3 -f :iLi '�: •�� •-, nai'.l :i j}.1,Fa'��'g' From source E. of N Hamilton St. to confluence with West Boulding Branch Fork of Des River 173.2 WS-IV NIA NIA From source E. of N. Hamilton Unnamed tributary of Sodding St. to confluence with Goulding Branch Branch W. of Brookside Or, NIA N/A NIA NIA From source at Shepard PI, to Unnamed tributary of Sodding confluence with Goulding Branch Branch at W. College Dr. NIA NIA NIA NIA From source at N. Cerntenlal Unnamed tributary of Sodding St. to confluonce with Spalding Branch Branch E. of McGuinn Dr. N/A NIA NIA NIA From source at Richardson ' Av. to confluence with Unnamed tributary of unamod unnamed tributary of Goulding tributary of Boulding Branch Branch W, of Underhill St. NIA NIA NIA NIA Page 3 Water Duality Use Support Receiving Stream Name Stream Segment Index 0 Classification Rating Water Quality issues 303 d List From source at N. College Dr. to confluence with unnamed Unnamed tributary of unamad tributary of Boulding Branch E. lributa of Boulding Branch of MonWeu Av. NIA NIA NIA NIA From source at S. of Wendell Av. to confluence with Unnamed tributary of unamed unnamed tributary of Boulding tribute of BoUldl Branch Branch N. of Mondieu Av. NIA NIA NIA NIA From source N. of Waverly Ct. Unnamed tributary of Boulding to confluence with Boulding Branch Branch N. of E. Lexington Av. NIA NIA NIA NIA From source at Chathtam Or. Unnamed tributary of Boulding to confluence with Boulding Branch Branch W, of Carolina St, NIA NIA NIA NIA From source at S. of Suffolk Av, to confluence with Unnamed tributary of Boulding Boulding Branch W. of Branch Wickham Av. NIA NIA NIA NIA From source at W. of Waynick Unnamed tributary of Boulding St. 10 confluence with Boulding Branch Branch N. of Wickham Av. NIA NIA NIA NIA From source at US Highway 311 Bypass to confluence with Unnamed tributary of Boulding Boulding Branch E. of Deep Branch River Rd. NIA INIA NIA I NIA From source at E. of Haleys Wy. to confluence with Unnamed tributary of Boulding Boulding Branch E. of Deep Branch River Rd, NIA NIA N/A NIA West Fork of:Dee From City limits to a point 0.3 mile downstream of of Gulford JWS-IV Ecological I Biological West Fork of Deep River County SR 1850 17-3 0.3 NIA NIA Integrity Fish Cam From a point 0.3 mile downstream of of Guilford County SR 1850 to dam at West Fork of Deep River Oak Hallow Reservoir 17-3 0.7 WS-IV CA NIA NIA Turbidity From dam at Oak Hollow West Fork of Deep River Reservoir to Boulding Branch 17-3 1.5 WS-IV NIA NIA From Boulding Branch to High West Fork of Deep River Point Ch Lake, Deep River 17- 3 WS-IV CA NIA NIA From City limits to confluence Unnamed tributary of West Fork with West Fork of Deep River of Deep River W. of Sandy Ridge Rd. NIA NIA NIA NIA From City limits to confluence Unnamed tributary of unnamed with unnamed tributary West tributary of West Fork of Deep Fork of Deep River W. of River Sandy Ridge Rd. NIA NIA NIA . NIA From City limits to confluence Unnamed tributary of unnamed with unnamed tributary West tributary of West Fork of Deep Fork of Deep River W. of River Sandy Ridge Rd. NIA NIA NIA NIA From City kmits to confluence with unnamed tributary of Unnamed tributary of unnamed unnamed tributary of West tributary of unnamed tributary of Fork of Deep River W. of West Fork of Deep River Sardy Ridge Rd. NIA NIA NIA NIA From City limits to confluenco Unnamed tributary of unnamed with unnamed tributary West tributary of West Fork of Deep Fork of Deep River W. of River ISandy Ridge Rd. I NIA I NIA NIA I NIA Page 4 Water Quality Use Support Receiving Stream Name Stream Se mont Index 0 Classifkation IRating Water Quality Issues 303 d List From City limits to confluence Unnamed tributary of West Fork with West Fork of Deep River of Deep River N. of SandX Ride Rd. NIA NIA NIA NIA From City limits to confluence Unnamed tributary of West Fork with West Fork of Deep River of Deep River N. of Sandy Ridge Rd. NIA I NIA NIA NIA From City limits to confluence Unnamed tributary of West Fork with West Fork of Deep River of Deep,River S. of SaLOX Ridlice Rd. NIA NIA NIA NIA From City limits to confluence Unnamed tributary of West Fork with West Fork of Deep River of Deep River S. of SandX Ridge Rd. NIA NIA NIA NIA From City limits to confluence Unnamed tributary of West Fork with West Fork of Deep River of Deep Rfver W. of Johnson St NIA NIA NIA NIA I From City limits to confluence Unnamed tributary of West Fork with West Fork of Deep River of Deep River W. of Johnson St. NIA NIA NIA NIA From City limits to confluence Unnamed tributary of West Fork with West Fork of Deep River of Deep River of W, Pond Haven Dr. NtA NIA NIA From City limits to confluence --jNIA Unnamed tributary of West Fork with West Fork of Deep River of Deep River of S. of Johnson St. NIA NIA NIA NIA From source S. of Oakton Dr. to confluence with West Fork Unnamed tributary of West Fork of Deep River N. of Skeet of Deep River Club Rd. NIA NIA NIA NIA From City limits W. of Glen Echo Cf. source to confluence Unnamed tributary of West Fork with Oak Hollow Lake N. of of Deep River Oak Hollow Lake Skeet Club Rd. NIA NIA NIA NIA From source N. of Maple Branch Dr to confluence with Unnamed tributary of unamed unamed tribrdary of Oak tributary of West Fork of Deep Hollow Lake N. of Skeet Club River Oak Hollow Lake Rd. NIA NIA NIA NIA From source E. of Huntingrktge Dr. to conluence Unnamed tributary of West Fork with Oak Hollow Lake N. of of Deep River Oak Hollow Lake Skeet Club Rd NIA NIA NIA NIA From source N. of Glenn Meade Dr. to confluence with Unnamed tributary of unamed unamed tributary of Oak tributary of West Fork of Deep Hollow Lake N. of Skeet Club River Oak Hollow Lake Rd. NIA NIA NIA NIA From source S. of Poplar Creek Ln. to confluence with Unnamed tributary of unamed unamed tributary of Oak tributary of West Fork of Deep Hollow Lake N. of Skeet Club River Oak Hollow Lake) Rd, NIA NIA N1A NIA From source N. E. of Kendale Rd. to confluence with Oak Unnamed tributary of West Fork Hollow Lake N. of Skeet Club LA of Deep River Oak Hollow lake Rd NIA N/A NIA From source N. E. of Kendale Rd. to confluence with Oak Unnamed tributary of West Fork Hollow lake N. of Skeet Club of Deep River Oak Hollow Lake Rd NIA NIA NIA NIA From source N. of Bent Trace Dr. to confluence with Oak Unnamed tributary of West Fork Hollow Lake S. of Skeet Club of Dasp River Oak Hollow Lake) Rd NIA NIA NIA NIA From source N. of Single Leaf Unnamed tributary of unamed Cf. to conluenco with unamed tributary of West Fork of Deep tributary of Oak Hollow fake River Oak Hollow Lake N. of Timberwolf Av. NIA N/A INIA NIA Page 5 Water Quality Use Support Receiving stream Name Stream segment Index # Classification Rating Water Quality Issues 303 d List From source N. of Glen Cove Wy. to confluence with Oak Unnamed tributary of West Fork Hollow Lake E. of Waterview of Deep River Oak Hollow Lake Rd. NIA NIA NIA N/A From source at Deerfield St. Unnamed tributary of West Fork to confluence with Oak Hollow of Deep River Oak Hollow Lake Lake W. of Tecumseh St. NIA INIA NIA NIA From source at Oak Hollow Unnamed tributary of West Fork Dr. to confluence with Oak of Deep River Oak Hollow Lake Hollow Lake NIA NIA NIA NIA From source S. of Setliff Dr. to Unnamed tributary of West Fork confluence with Oak Hollow of Deep River Oak Hollow Lake Lake NIA NIA NIA NIA From source S. of Skeet Club Unnamed tributary of West Fork Rd. to confluence with Oak of Deep River Oak Hallow Lake Hollow Lake NIA NIA NIA NIA From source E. of Braddock Unnamed tributary of unamed Rd. to confluence with unamed tributary of West Fork of Deep tributary of Oak Hollow Lake River Oak Hollow Lake S. of Whites Mill Rd. WA NIA NIA NIA From source S. of Whites Mill Rd. to confluence with Oak Unnamed tributary of West Fork Hollow Lake N. of Plainview of Deep River Oak Hollow Lake Or. NIA NIA NIA NIA From source N. of White Unnamed tributary of West Fork Fence Wy. to confluence with of Deep River Oak Hollow Lake Oak Hollow Lake NIA NIA NIA NIA From source N. W. of Navy Pl. Unnamed tributary of West Fork to confluence with Oak Hollow of Deep River Oak Hollow Lake Lake NIA NIA NIA NIA From source W. of Newort Ct. Unnamed tributary of West Fork to confluence wHh Oak Hollow of Deep River Oak Hallow Lake Lake S. of Timberlane Dr. NIA NIA NIA NIA Unnamed tributary of West Fork From source S. of E. State Av. of Deep River (Oakholtow Lake) 10 confluence with Oak Hollow Oak Hollow Mall Regional Lake Lake E. of Johnson St, N/A NIA NIA NIA From source N. of E. Parriss Avto confluence with unamed Unnamed tributary of unamed tributary of Oak Hollow lake at tributary of West Fork of Deep Oak Hollow Mall Regional River fOak Hollow Lake Lake NIA NIA NIA NIA From source at N. College Dr. to confluence with unamed Unnamed tributary of unamed tributary of Oak Hollow Lake at tributary of West Fork of Deep Oak Hollow Mall Regional River Oak Hollow Lake Lake m j NIA NIA NIA NIA From source W. of Pine Valley Unnamed tributary of unamed Rd. to confluence with unamed tributary of West Fork of Deep tributary of Oak Hollow Lake River Oak Hollow Lake E. of Johnson St, NIA NIA NIA NIA From source S. of Oakview Unnamed tributary of unamed Rd. to confluence with unamed tributary of unnamed tributary of tributary of unnamed tributary West Fork of Deep River (Oak of Oak Hollow Lake N. of E. Hollow Lake HartleyDr, NIA NIA NIA NIA From source at Mall Loop Rd. Unnamed tributary of West Fork to confluence with Oak Hollow of Deep River Oakhollow Lake Lake E. of Johnson St. - NIA NIA NIA NIA From source at Lakecrest Av. Unnamed tributary of West Fork to confluence with Oak Hollow of Deep River Oakhollow Lake Lake E, of Johnson St. NA NIA NIA NIA From source E. of N. Unnamed tributary of West Fork Centennial St. to confluence of Deep River Oakhollow Lake with Oak Hollow Lake NIA NIA NIA NIA From source E. of Highway 68 Unnamed tributary of West Fork to confluence with Dak Hollow of Deep River Oakhollow Lake Lake N.W. of Kimberi Pl. NIA NIA NIA NIA Water Quality Use Support Receiving Stream Name IStrearn Segment index # Classification Ratin Water Quall Issues 303 (dj List Page 6 From source N. of Lary Lane to confluence with West Fork Unnamed tributary of West Fork of Deep River S. of of Deep River Rivermeade Dr. FN/ANIA NIA NIA From source E. of Highway 6B to confluence with West Fork Unnamed tributary of West Fork of Deep River S. of of Deep River Rivermeade Dr. NIA NIA NIA NIA From source W. of Arden Pl. to confluence with West Fork Unnamed tributary of West Fork of Deep River W. of Deep of Deep River River Road NIA NIA NIA NIA From source W. of Penny Rd. to confluence with West Fork Unnamed tributary of West Fork of Deep River E. of Deep of Deep River River Road NIA NIA NIA NIA From source E. of Highway 68 Unnamed tributary of unnamed to confluence with unnamed tributary of West Fork of Deep tributary of West Fork of Deep River River E, of Hickswood Road NIA NIA NIA NIA From source S. of Eagle Glen Rd, to confluence with Unnamed tributary of unnamed unnamed tributary of West tributary of West Fork of Deep Fork of Deep River_ N. of River Hickswood Road NIA INIA NIA N!A From source E. of Wynnfield Dr. to confluence with Unnamed tributary of unnamed unnamed tributary of West tributary of West Fork of Deep Fork of Deep River E. of Deep River River Rd. NIA NIA NIA NIA From source W. of Dogwood Unnamed tributary of West Fork C1. to confluence with West of Deep River Fork of Deep River NIA NIA NIA NIA From source N. of W6lard Rd. Unnamed tributary of West Fork to confluence with West Fork of Deep River of Deep River NIA NIA NIA N!A From source N. of Greensboro Unnamed tributary of West Fork Rd.lo confluence with West of Deep River Fork of Deep River NIA NIA NIA NIA From source W. of Penny Rd.to confluence with West Fork of Deep River (High Point Unnamed tributary of west Fork Cdy Lake) S. of Lakeview of Deep River Heights Dr. N/A NIA NIA NIA Y„- 'ti .q" -:r..»et'"t From source to a point 0.6 Hiatt Branch mile upstream of mouth 17-3-1 1 WS-IV NIA NIA From a point 0.6 mile upstream of mouth to Oak Hollow Reservoir, West Fork Hiatt Branch Deep River 17.3-1 2 WS-IV CA NIA NIA From source at Johnson St. to Unnamed tributary of Hiatt Branch confluence with Oak Hollow Oak Hollow Lakel Lake NIA NIA NIA NIA From source at Hampton Park Dr. to confluence with Unnamed tributary of unnamed unnamed tributary of Oak tributary of Hiatt Branch (Oak Hollow Lake E. of Blairwood Hollow Lake) St. NIA NIA N!A NIA From source S. of Tara Dr. to confluence with Hiatt Branch Harney Branch S, of Aberdeen Rd. NIA NIA N!A NIA From source N. of Skeet Club Unnamed tributary of Horney Rd, to confluence with Harney Branch Branch N. of Norsa St. NIA NIA NIA NIA From source N. of Wyndham Unnamed tributary of Hornoy Av. to confiuence with Harney . Branch Branch S. of MkIrig Dr. NIA NIA NIA NIA From source S. of Buena Vista Unnamed tributary of Harney Av. to confluence with Harney Branch I Branch N. of Briarwood Av. NIA NIA NIA NIA Page 7 Water Quality Use Support Receiving Stream Name Stream Segment Index # Classification Rating Water Quality Issues 303 jdList From source N. of Old Mill Rd. Unnamed tributary of Horney to confluence with Horney Branch Branch N. at Old Mill Rd, NIA NIA NIA N/A From source W. of Impala Av, to contiuenco with Hiatt Unnamed tribute of HiattBranch Branch N. of Miibourne Pl. NIA NIA N1A NIA From source W, of E. BOlevue Dr. to confluence with Hiatt Branch at US Highway 311 INJA Unnamed tributary of Hiatt Branch Bypass NIA N/A NIA From source at S. of School Park Rd. to confluence with Unnamed tributary of unnamed unnamed tributary of Hiatt tributary of Hiatt Branch Branch N. of School Park Rd. NIA NIA N/A NIA From source E. of Shadybrook Rd. to conRuence with Hiatt Branch N. of US Highway 311 Unnamed tributary of Hiatt Branch Bypass NIA NIA NIA NIA From source at US Highway 311 Bypass to confluence with Unnamed tributary of Hiatt Branch Hiatt Branch E. of Johnson St, j NIA NIA INIA NIA Rf lanCrook eh d..' u.^ ..5'sr � f � =:r`i .s-'.. _ s`��trF�..tis :��. r,', _ � �-.��r�'� it9s�-�.,• From source N. of W. Ward Fecal Coliform, Av. to a point 0.4 mile Historical listing for upstream of Guilford County 'sediment' based on Ecological I Biological Riahiand Creek SR 1154 17-7 0.5 WS-IV NS b1clogicalimairment integrity Fish Corn From source N. of Taylor Av. Unnamed tributary ofRicNand to confluence with Richland Creek Creek W. of S. Elm St. N/A NIA NIA NIA From source S. of Potts Av. to Unnamed tributary of Richland confluence with Richland Creek Creek N. of You Pf. NIA NIA NIA N/A From source E. of Bennett PI. Unnamed tributary of Rictdand to oonfluence with Richland Creek Creek at East Market Center NIA NIA NIA NIA From source S. of Foust Av. to Unnamed tributary of Richland confluence with Richland Creek Creek E. of Surret Dr. NIA NIA NIA N/A From source of Inlet Av. to Unnamed tributary of Richland confluence with Richland Crook Creek W. of Jarrell St. NIA NIA NIA NIA From source N. of Kettering Rd. to confluence with Unnamed tributary of Richland Richland Creek at Business Creek 1-85 NIA NIA NIA NIA From source E. of S. Centennial St, to confluence Unnamed tributary of Richland with Richland Creek S. of Creek Nathan Hunt Dr. NIA N/A NIA NIA From source E. of Francis St. Unnamed tributary of Richland to confluence with Richland Creek Creek N. of Business 1-85 NIA NIA NIA NIA From source N. of Martha Pl. to confluence with unnamed Unnamed tributary of unnamed tributary of Richland Creek N. tributary of Richland Creek of Model Farm Rd. NIA N/A NIA NIA From source N. of Pearson PI. Unnamed tributary of Richland to confluence with Richland Crook Creek N. of Business 1-85 NIA NIA NIA NIA From source S. of E. Kivett Dr. to confluence with Unnamed tributary of unnamed unnamed tributary of Richland tributary of Richland Creek Crook N. of Wise Av, N/A NIA NIA NIA Page 8 Water Quality Use Support Receiving Stream Name Stream Segment Index # Classification Rating Water Quality Issues 303 d List From source S. of E, Green Dr. to confluence with Unnamed tributary of unnamed unnamed tributary of Richland tribute of Richland Creek Creek W. of Nathan Hunt Dr. NIA NIA NIA NIA From source N. of Townsend Av. to confluence with Unnamed tributary of Richland Richland Creek S. of Business Croek 1.85 1 NIA NIA NIA NIA From source S. of Nathan Hunt Dr. to confluence wlih Unnamed tributary of Richland Richland Creek S. of Business Creak 1$5 NIA NIA NIA NIA From source E. of Meredith St. Unnamed tributary of Richland to confluence with Richland Creek Creek S. of Business 1-95 NIA INIA NIA NIA From source W. of Carter St. to confluence with unnamed Unnamed tributary of unnamed tributary of Richland Creak S. .tributary of Richland Creek of E. Green Dr. NIA NIA NIA NIA From source N. of Townsend Av. to confluence with Unnamed tributary of Richland Richland Crook W. of Lorraine Creek Av, NIA NIA NIA NIA From source N. of Baker Rd. to confluence with unnamed Unnamed tributary of unnamed tributary of Richland Crook S. tributm of Richland Crook of Lorraine Av, NIA NIA NIA NIA From source E. of Allegheny Unnamed tributary of Richland Av. to confluence with Creek Richland Creek NIA WA NIA NIA From source E. of Anaheim Unnamed tributary of Richland St. to confluence with Richland Creek Creek W. of Baker Rd. NIA NIA NIA NIA From source W. of New St.to confluence with unnamed Unnamed tributary of unnamed tributary of Richland Creek W. tributary of Richland Greek of troll Ln. NIA NIA NIA NIA From source N. of Triangle Lake Rd. to confluence with Unnamed tributary of unnamed unnamed tributary of Richland tribute of Richland Creek Creek S. of Roberts Ln, NIA NIA NIA NIA From source N. of Triangle Lake Rd. to confluence with Unnamed tributary of unnamed unnamed tributary of unnamed tributary of unnamed tributary of tributary of Richland Creek N. Richland Creek ofTriangle Lake Rd. NIA NIA NIA NIA From City limits to confluance Unnamed tributary of Richland with Richland Creek E. of Creek Baker Rd, NIA I NIA NIA NIA From source N. of E. Klvett Unnamed tributary of Richland Dr, to City limits S. of Triangle IN/A Crock Lake Road (Triangle lake NIA NIA NIA From source & of E. Khrett Unnamed tributary of unnamed Dr. to City limits S. of Triangle l(lbidary of Richland Creek Lake Rd, NIA NIA NIA NIA From source N. of Triangle Unnamed tributary of unnamed Lake Rd.to City Ilmits S. of tributary of Richland Crook Triangle Lake Rd, NIA NIA NIA NIA From source S. of Triangle Unnamed tributary of unnamed Lake Rd.to City limits S, of ,tributary of Richland Creak Business 1-85 NIA NIA NIA NIA Unnamed tributary of Richland From source W. of Jackson Creek Lake Rd.to C' Ilmits NIA NIA I NIA I NIA Page 9 Water Quality Use Support Receiving Stream Name Stream Segment Index # Classification Rating Water Quality Issues 303 d List From source E. of Elon Pl. to confluence with unnamed Unnamed tributary of unnamed tributary of Richland Creek W. tributary of Richland Creek of Jackson Lake Rd. NIA NIA NIA NIA .d`.;64000 River; South'of.Hi h'Polnt'Lake,Dam From source E. of WaysideSt. Unnamod trlbuta of Deep River to confluence with Deate River NIA NIA NIA NIA From source N. of Cedrow Dr. Unnamed tributary of unnamed to confluence with unnamed tributary of Deep River tributary of Deep River NIA NIA NIA NIA From source N. of Hampstead Rd. to confluence Wth Unnamed tributary of unnamed unnamed tributary of Deep tribulaa of Deep River River W. of Rosecrest Dr, NIA NIA NIA NIA From source W. of Ring St, to confluence with unnamed Unnamed tributary of unnamed tributary of Deep River S. of tributary of Deep River Forestview Dr. NIA NIA NIA NIA From source W. of Manor Dr. Unnamed tributary of unnamed to confluenco with unnamed tributary of unnamed tributary of tributary of unnamed tributary Deep River of Deep River W. of Alpine Dr. NIA NIA NIA MIA From source N. of Edgeview Rd, to confluence wilh Unnamed tributary of unnamed unnamed tributary of Deep tributary of Deep River River N. of Cedrow Dr. NIA NIA NIA NIA From source N. of Avondale St. to confluence with Unnamed tributary of unnamed unnamed tributary of Deep tributary of Deep River River W, of N, Scientific St. NIA NIA NIA NIA From source N. of Dil5on Rd. to confluence with unnamed Unnamed tributary of unnamed tributary of unnamed tributary tributary of unnamed tributary of of Deep River W. of N. Deep River Scientific St. NIA NIA NIA NIA From source N. of Southridge Rd. to confluence with Unnamed tributary of unnamed unnamed tributary of Deep tributary of Deep River River N. of Brookvlew Cl. INIA I NIA NIA NIA From source S. of Pump Station Rd, to confluence with Unnamed tributary of unnamed unnamed tributary of Deep tributary of Deep River River NIA NIA NIA NIA From source N. of E. Kivett Dr. to City limits E. Chatfield Unnamed tributary of Deep River Dr. NIA NIA NIA NIA From City limits to confluence with unnamed tributary of Unnamed tributary of unnamed Deep River S. of New tributary of Deep River Hampshire Dr. NIA NIA NIA NIA From source at Colony Or to confluence with unnamed Unnamed tributary of unnamed tributary of Deep River S. of tributary of Deep River New Hampshire Dr. NIA NIA NIA NIA From City limits to confluence Unnamed tributary of unnamed with unnamed tributary of tributary of Deep River Deep River E. of Chatfield Dr. NIA NIA NIA NIA From source N. of Pineburr Unnamed tributary of unnamed Rd. to City Limits E. of ,tributary of Deep River Chatfield Dr. NIA NIA NIA NIA Page 10 Yadkin River Basin LS4� w ` •4l• .}� ' t` Sung t LC-4 i s "' - - S k1 .ti -r'•.3 t-1 ., 3 y.0 E� s:;!KOnnedy�MB1C[oeka sr °�,�t��'a.16 uki,-? Water Quality jUso Support Receiving Stream Name Stream Segment Index # Classification RatImi Water Quality Issues 303 d List From source W. of Prospect Unnamed tributary of Kennedy St. to City limits S. of Meridian Mill Creek Av. . 12-419-7-2 C NIA NIA From source E. of Old Thomasville Rd. to confluence with unnamed tributary of Unnamed tributary of unnamed Kennedy Mill Creek at Old tributary of Kennedy Mill Creek Thomasville Rd. 12.119.7.2 C NIA NIA From source W. of South Road to confluence With unnamed lrlbutary of Kennedy Unnamed tributary of unnamed Mill Creek E. of Guilford tributary of Kennedy Mill Creek /Davidson County Line 12-110-7-21 NIA NIA From source E. of Van Buren Unnamed tributary of Kennedy St. to City limits S. of Willard Mill Creek Rd. 12-119-7-2 C NIA NIA From source E, of Old Thomasville Rd. to confluence with unnamed tributary of Unnamed tributary of unnamed Kennedy Mill Creek E. of tributary of Kennedy M71 Creek Hod in St. 12-119-7-2 C NIA NIA :.dA V.„` :`*'Pa ne. reek" "«rf.. Unnamed tributary of Payne From source E. of English Creek Road to City,limits 12-119.7-1. C NIA NIA From source N. of Irwin Av. to Unnamed tributary of unnamed confluence with unnamed tributary of Payne Creek tributary of Payne Creek 12-119.7-1 C NIA NIA From source W. of Shady Ln. Unnamed tributary of unnamed to confluence with unnamed tributary of Payne Creek tributary of Payne Creek 12-110-7-11 C NIA NIA Unnamed tributary of Payne From source. S. of Chestnut Creek Dr. to City limits 12-119-7.1 C NIA NIA Unnamed tributary of Payne From source E. of Lyndsay Creek Av, to to City limits 12-119-7-1 C NIA NIA From source N. of W. Farriss Ay. to confluence with Unnamed tributary of unnamed unnamed tributary of Payne Iributary, of Payne Creek Creek W. of N. Rolary Dr. 12-119-7-1 C NIA NIA Unnamed tributary of Payne From source E. of Creek Westchaster Dr. to Ci limis 12-119-7-1 C NIA NIA J.'i; '. :— � From High Point Corporate Limits N. of Hitchcock Wy. and through all City of High Point Corporate Areas in Davidson Ecologicat I Biological Rich Fork Crook COu 12-119-7 C NIA NIA Integrity Fish Corn From source S. of Camilia Cove to City Limits W. of Unnamed tributary of Rich Fork Shadow Valley, Rd. 12-119-7 C NIA NIA From source W. of N. Main St. to confluence with Rich Fork Unnamed triWory of Rich Fork N, of Westover Dr. 12.119-7 C NIA NIA From source E. of Old Plank Rd.to confluonce with Unnamed tributary of unnamed unnamed tributary of Rich Fork tribute ry of Rich Fork E. of S. of Old Plank Rd. 12-119-7 C NIA NIA From source E. of High Point Corporate Limits to confluence Unnamed tributary of Rich Fork with Rich Fork Creek 12-119-7 C NIA NIA From source E. of Wondover Dr. to confluence with unnamed tributary of Rich Fork Unnamed tributary of unnamed E. of Gullford! Davidson [tributary of Rich Fork Ccun line, 12.119-7 1 C I NIA NIA Page 11 Water Quality Use Support Receiving Stream Name Stream Segment Index f1 Classification Rating Water Qualq Issues 303 d List From source E. of Idol St, to confluence with unnamed Unnamed tributary of unnamed tributary of unnamed tributary tributary of unnamed tributary of of Rich Fork W. of Highway Rich Fork 6B. 12-119-7 C NIA NIA From source N. E. of Main St. to confluence with unnamed Unnamed tributary of unnamed tributary of Rich Fork S. of tributary of Rich Fork Carol on Dr. 12-119-7 C NIA NIA From source N. of Westover Dr, to confluence with Unnamed tributary of unnamed unnamed tributary of Rich Fork tribute of Rich Fork S. of Carol on Dr. 12-119.7 C NIA N'A Unnamed Iributa of Rich Fork From source to C' limits 12-119-7 C NIA NIA Unnamed tributary of Rich Fork From source to City limits 12-119-7 C NIA NIA Page 12 ndix 4: Responsible Party Contact List Public Education and Outreach on Stormwater impacts I Public Education and Outreach Program Derrick Boone Stormwater Superintendent Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail: derrick.boone@highpointnc.gov Informational Web Site Derrick Boone Stormwater Superintendent Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail: derrick.boone@hlghpointnc.gov Public eucation materials for schools, homeowners, and/or businesses Environmental Coordinator ( Vacant) Melanie Bruton MRF Superintendent Phone: (336) 883-3681 Fax: (336)883-8222 e-mail: melanie.bruton@highpointnc.gov Public education material dissemination Derrick Boone Stormwater Superintendent Phone: (336) 883-3455 Fax. (336) 883-8561 E-mail: derrick.boone hi h ointnc. ov Public Involvement and Particination Administer a Public Involvement Program Derrick Boone Stormwater Superintendent Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail: derrick.boone@highpointne.gov Allow the public an opportunity to review and comment on the Derrick Boone Stormwater Plan Stormwater Superintendent Phone: (336)883-3455 Fax: (336)883-8561 E-mail: derdck.boone@highpointnc.gov Organize a volunteer community involvement program Environmental Coordinator ( Vacant) Melanie Bruton MRF Superintendent Phone: (336) 883-3681 Fax: (336)883-8222 e-mail: melanie.bruton@highpoinlnc.gov Establish a Citizens Advisory Panel Derrick Boone Stormwater Superintendent Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail: derrick. boonehi h ointnc. ov Illicit Dischar a Detection and Elimination Develop 1 Implement an Illicit Discharge Detection and Elimination Derrick Boone Program Stormwater Superintendent Phone: (336) 883-3455 Fax: (336)883-8561 E-mail: derdck.boone@highpointnc.gov Establish and maintain appropriate legal authorities Derrick Boone Stormwater Superintendent Phone: (336) 883-3455 Fax: (336)883-8561 E-mail: derrick.boone@highpointnc.gov Develop a Storm Sewer System Base Map Derrick Boone Stormwater Superintendent Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail: derdck.boone@highpoihtnc.gov radix 4: Responsible Party Contact List I Illicit Discharge Detection and Elimination Cont. 1 Implement illicit discharge detection procedures Derrick Boone Stormwater Superintendent Phone- (336) 883-3455 Fax: (336) 883-8561 E-mail: derrick.boone@highpgintnc.gov Conduct employee cross -training Derrick Boone Stormwater Superintendent Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail: derrick.boone hi h ointnc. ov Provide public education Derrick Boone Stormwater Superintendent Phone: (336) 883-3455 Fax: (336)883-8561 E-mail: derrick. boonehi h ointnc. ov Establish a public reporting mechanism Derrick Boone Stormwater Superintendent Phone: (336) 883-3455 Fax: (336)883-8561 E-mail: derrick.boone@hlghpointnc.gov I Construction Site Stormwater Runoff Control Compliance with State of North Carolina Sediment and Erosion Control Terry Kuneff, P.E . Program. Refer to Sec. 9-7-11 of City of High Point Development Civil Engineer Ordinance Engineering Services Department Phone: (336) 883-8583 Fax: (336) 883-4118 E-mail: to .kuneff hi h ointnc. ov Develop requirements on construction site operators Terry Kuneff, RE . Civil Engineer Engineering Services Department Phone: (336) 883-8583 Fax: (336) 883-4118 E-mail: terry.kuneffAhIghpointnc.gov Provide education and training materials for construction site operators Terry Kuneff, P.E . Civil Englneer Engineering Services Department Phone: (336) 883-8583 Fax: (336) 883-4118 E-mail: terry.kuneffAhighpointnc, ov Institute plan reviews Terry Kuneff, P.E . Civil Engineer Engineering Services Department Phone: (336)883-8583 Fax: (336) 8834118 E-mail: ter .kuneff hi h ointnc. ov Establish public information procedures Terry Kuneff, RE . Civil Engineer Engineering Services Department Phone: (336) 883-8583 Fax: (336)883-4118 E-mail: ter .kuneff hi h ointnc. ov Establish inspection and enforcement procedures Terry Kuneff, RE . Civil Engineer Engineering Services Department Phone: (336) 883-8583 Fax: (336) 883-4118 E-mail: terry.kuneff@hlghpointne.gov Appendix 4: Responsible Partv Contact List A4, Measurable Go a I �441':sRes Post -Construction Stormwater Management in New Development and Redevelopment Continue to Implement and enforce post -construction stormwater Derrick Boone management standards and policies addressed In City of High Point Stormwater Superintendent Development Ordinance Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail: derrick.boone@highpolntnc.gov Establish strategies which include BMPs appropriate for the MS4 Derrick Boone Stormwater Superintendent Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail: derHck,boone@Wghpointnc.gov Establish a program to control the sources of fecal collform to the Derrick Boone maximum extent practicable Stormwater Superintendent Phone; (336) 883-3456 Fax: (336) 883-8561 E-mail: derrick.boon6@highpointne.gov Pollution Prevention/Good Housekeeping for Municipal Operations Develop an operation and maintenance program Derrick Boone Stormwater Superintendent Phone. (336) 883-3455 Fax: (336) 883-8561 E-mail: derflck.boone@highpointnc.gov Inspection and evaluation of facilities, operations, and the MS4 system Derrick Boone and associated structural BMPs Stormwater Superintendent Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail: derrick.boone@hlghpointno.gov Conduct staff training Derrick Boone Stormwater Superintendent Phone: (336) 883-3455 Fax: (336) 883-8561 E-mail: derflck.boone@highpointne.gov Review of municipality owned or operated regulated industrial activities Derrick Boone . Stormwater Superintendent Phone: (336) 883-3455 Fax: (336) 883-8561 I E-mail: derrick. boonefihighpolntnc-gov High Point Development Ordinance Chapter 7 — Environmental Regulations — Sail Erosion and Sedimentation Control ARTICLE B SOIL EROSION AND SEDIMENTATION CONTROL 9-7-11 GENERAL PROVISIONS (a) BASIC REQUIREMENTS (1) Plan and Permit Required: No person shall initiate any land -disturbing activity without a soil erosion and sedimentation control plan and land -disturbing permit approved by the Enforcement Officer, if the land -disturbing activity: a. Exceeds one (1) acre (lands under one ownership or diverse lands being developed as a unit shall be aggregated); b. Will take place on highly erodible soils with a "k" factor greater than 0.36; c. Includes a pond or retention structure in a watershed, or drains into a water quality pond or retention structure in any part of a watershed; d. Will take place in Tier 1 or Tier 2 of a watershed critical area; c. is located in an existing uncovered area requiring extensive soil erosion control measures in accordance with Subsection 9-7-11(k)(3); or f. In any instance where extensive erosion control measures are required. (2) 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. (3) More Restrictive Rules Shall Apply: Whenever conflicts exist between federal, state, or local laws, ordinances, or rules, the more restrictive provision shall apply. (4) Land; disturbing, Permit Exemptions: Land -disturbing permits are not required for the following land -disturbing activities: a. For an activity which is essential to protect human life during an emergency; b. Areas that do not meet the criteria for Section 9-7-1 ](a)(1)(b-f); Undertaken on agricultural land for the production of plants and animals useful to man, including but not limited to: forage and sod crops, grain and feed crops, tobacco, cotton and peanuts; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any or all such animals; bees and aviary products; fur animals; 7-31 High Point Development Ordinance Chapter 7— Environmental Regulations -- Soil Erasion and Sedimentation Control d. Undertaken on forest land for the production and harvesting of timber and timber products and which are conducted in accordance with Forest Practice Guidelines Related to Water Quality (best management practices) as adopted by the Department (DENR). If land -disturbing activity undertaken on forestland for the production and harvesting of timber and timber products is not conducted in accordance with Forest Practice Guidelines Related to Water Quality, the provisions of this Ordinance shall apply to such activity and any related land -disturbing activity on the tract; I. Although a land -disturbing permit is not required on the above Silviculture activities, The Forestland Owner shall provide the Office of Erosion Control a copy of the Reforestation/Regeneration Plan and the Forest Stewardship Program Plan for review of the Erosion and Sedimentation Control Plan. 2. A Forest Stewardship Plan submitted under the guise of any reason other than that of a true Forest Stewardship Plan (subdivision or commercial development) shall be void. The plan shall be treated as a subdivision or commercial development and shall be governed under the approximate standard within this Ordinance. (5) Undertaken by persons as defined in NCGS 113A-52(8) who are otherwise regulated by the provisions of The Mining Act of 1971, NCGS 74-46 through 74- 68; and (6) Over which the State has exclusive regulatory jurisdiction as provided in NCGS l 13A-56(a). (h) BASIC CONTROL OBJECTIVES A soil erosion and sedimentation control plan may be disapproved pursuant to Subsection 9-7-11(1)(8) (Grounds for Plan Disapproval) of this Ordinance if the plan fails to address the following control objectives: (1) Identify Critical Areas: On -site areas which are subject to severe erosion, and off - site areas which are especially vulnerable to damage from erosion and/or sedimentation, are to be identified and receive special attention; (2) Limit Time of Exposure: All land -disturbing activity is to be planned and conducted to limit exposure to the shortest feasible time; (3) Limit Exposed Areas: All land -disturbing activity is to be planned and conducted to minimize the size of the area to be exposed at any one time; 7-32 Nigh Point Development Ordinance Chapter 7 — Environmental Regulations — Soil Erosion and Sedimentation Control (4) 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; (5) Control Sedimentation: All land -disturbing activity is to be planned and conducted so as to prevent off -site sedimentation damage; and (6) 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 at the point of discharge so as to minimize accelerated erosion of the site and increased sedimentation of the stream. (C) MANDATORY STANDARDS FOR LAND -DISTURBING ACTIVITY No land -disturbing activity subject to the control of this Ordinance shall be undertaken except in accordance with the following mandatory standards: (1) Buffer Zone: No land -disturbing activity shall be permitted in proximity to a lake or natural watercourse unless an undisturbed buffer zone twenty-five (25) feet wide is provided, or 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 nearer the land -disturbing activity, provided that this subsection (1) shall not apply to a land -disturbing activity in connection with the construction of facilities to be located on, over, or under a lake or natural watercourse. 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 twenty-five percent (25%) of the strip nearer the land -disturbing activity containing natural or artificial means of confining visible siltation. Waters that have been classified as trout waters by the Environmental Management Commission shall have an undisturbed buffer zone twenty-five (25) feet wide, or of sufficient width to confine visible siltation within the twenty-five percent (25%) of the buffer zone nearest the land -disturbing activity, whichever is greater. Provided, however, that the Enforcement Officer may approve plans which include land -disturbing activity along trout waters when the duration of said disturbance would be temporary and the extent of said disturbance would be minimal. The twenty-five (25) foot minimum width factor for an undisturbed buffer zone adjacent to designated trout waters shall be measured horizontally from the top of the bank. Where a temporary and minimal disturbance is permitted as an exception by this subsection, land -disturbing activities in the buffer zone adjacent to designated trout waters shall be limited to a maximum of ten percent (10%) of the total length of the buffer zone within the tract, to be distributed such that there is not more than 7-33 High Point Development Ordinance Chapter 7— Fnviromnenral Regalahans—Soil Erosion and Sedimentation Control 100 linear feet of disturbance in each 1000 linear feet of buffer zone. Larger areas may be disturbed with the written approval of the Director (DENR). No land -disturbing activity shall be undertaken within a buffer zone adjacent to designated trout waters that will cause adverse temperature fluctuations in these waters, as set forth in 15 NCAC 2B.0211 "Fresh Surface Water Classification and Standards"; (2) Fill Material. Unless a permit from the Department's Division of Waste Management to operate a landfill is on file for the official site, acceptable fill material shall be free of organic or other degradable materials, masonry, concrete and brick in sizes exceeding twelve (12) inches, and any materials which would cause the site to be regulated as a landfill by the State of North Carolina. (3) Graded Slopes and Fills: The angle for graded slopes and fills shall be no greater than two (2) horizontal to one (1) slope if they are to be stabilized with vegetative cover. Slopes or fills steeper than two (2) to one (1) vertical slope if they are to be stabilized with vegetative cover. Slopes or fills steeper than two (2) to one (1) slope must be protected by structures. in any event, slopes left exposed will, within twenty-one (2 1) calendar days of completion of any phase of grading, be planted or otherwise provided with temporary or permanent ground cover, devices, or structures sufficient to restrain erosion; (4) Ground Cover: Whenever land -disturbing activity is undertaken on a tract, 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 Subsection 9-7-11(d)(2)e. of this Ordinance, provisions for a ground cover sufficient to restrain erosion must be accomplished within fifteen (15) working days or thirty (30) calendar days following completion, whichever period is shorter; and (5) Prior Plan Approval: No person shall initiate any land -disturbing activity without an approved Erosion and Sedimentation Control Plan if more than one (1) acre is to be uncovered. The plan must be submitted thirty (30) or more days prior to initiating the activity. The jurisdiction shall require the Owner/Developer to forward to the Director of the Division of Water Quality a copy of each Plan for a land -disturbing activity that involves the utilization of ditches for the purpose of de -watering or lowering the water table of the tract. Written documentation of this plan submittal must be provided to the Enforcement Officer prior to an Erosion and Sedimentation Control Plan approval. T 7-34 High Point Development Ordinance Chapter 7 — Environmental Regulations — Soil Erosion and Sedimentation Control (d) DESIGN AND PERFORMANCE STANDARDS (1) Design for Ten -Year Storm: Except as provided in Subsection 9-7-11(d)(2)b. of this Ordinance, soil 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 ten-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. (2) High Quality Water Zones: In High Quality Water (HQW) zones the following design standards shall apply: a. Uncovered areas in HQW zones shall be limited at any time to a maximum total area within the boundaries of the tract of twenty (20) acres. Only the portion of the land -disturbing activity within a HQW zone shall be governed by this subsection. Larger areas may be uncovered within the boundaries of the tract with the written approval of the Director. (DEHNR) b. Soil erosion and sedimentation control measures, structures, and devices within HQW zones shall be so planned, designed, and constructed to provide protection from the runoff of the twenty -five-year storm which produces the maximum peak rate of runoff as calculated according to procedures in the 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. c. Sediment basins within HQW zones shall be designed and constructed such that the basin will have a settling efficiency of at least seventy percent (70%) for the 40 micron (0.04 mm) size soil particle transported into the basin by the runoff of that two-year storm which produces the maximum peak rate of runoff as calculated according to procedures in the 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. d. Newly constructed open channels in HQW zones shall be designed and constructed with side slopes no steeper than two (2) horizontal to one (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. c. Ground cover sufficient to restrain erosion must be provided for any portion of a land -disturbing activity in a HQW zone within fifteen (15) working days or 7-35 Nigh Point Development Ordinance Chapter 7 — Environmental Regulations — Soil Erosion and Sedimentation Control sixty (60) calendar days following completion of construction or development, whichever period is shorter. (3) Sedimentation Basins: Except as provided for in Subsection 9-7-11(d)(2) above, all sedimentation basins shall be designed and constructed to have a settling efficiency of at least seventy percent (70%) for the 40 micron (0.04 mm) size soil particle. (e) NORM WATER OUTLET PROTECTION (1) Intent: Stream banks and channels downstream from any land -disturbing activity shall be protected from increased degradation by accelerated erosion caused by increased velocity of runoff from the land -disturbing activity. (2) Performance Standard: Persons shall conduct land -disturbing activity so that the post -construction velocity of the ten-year storm runoff in the receiving natural watercourse to the discharge point does not exceed the greater of: a. The velocity established by Table 7-11-l; or b. The velocity of the ten-year storm runoff in the receiving natural watercourse prior to development. If conditions a. or b. above 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 ten percent (10%). TABLE 7-11-1 MAXIMUM PERMISSIBLE VELOCITY FOR STORMWATER DISCHARGES nR4�Smr1 i r e WF "�u; �,r ';_1Y11, :� ak�E YS'r xy- G.W� �f� 1 iii "� tn"Y'.:NF kT�lA,f�' �t�.i�y*, ,r7n.-`i .Materlal ,.};i°? �,W ar i _ rx�� °� r., ' a • ,<,��, Maximuiw ermiss`sible"` `^ u'1 rl?,y{ x i'�'•,, ,.`�Yelocities F.P.S.M. M.P.S.M. Fine sand noncolloidal 2.5 0.8 Sanoy loam noncolloidal 2.5 0.8 Silt loam noncolloidal 3.0 0.9 OrdinaFy firm loam 3.5 1.1 Fine avel 5.0 1.5 Stiff cla_(very_colloidal 5.0 1.5 Graded loam to cobbles noncolloidal 5.0 1.5 Graded silt to cobbles 5.5 1.7 Alluvial silts noncolloidal 3.5 1.1 Alluvial silts colloidal 5.0 1.5 Coarse gravel noncolloidal 6.0 1.8 Cobbles and shingles 5.5 1.7 Shales and hard pans 6.0 1.8 7-36 High Point Development Ordinance Chapter 7 — Environmental Regulations — Soil Erosion and Sedimentation Control 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. (3) Acceptable Management Measures: Measures applied alone or in combination to satisfy the intent of this Section are acceptable if there are no objectionable secondary consequences. The Sedimentation Commission and the City recognize that the management of stormwater 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: a. Avoid increases to surface runoff volume and velocity by including measures to promote infiltration to compensate for increased runoff from areas rendered impervious; b. Avoid increases in stormwater discharge velocities by using detention devices, vegetated or roughened swales, and waterways in lieu of closed drains and high velocity paved sections; c. Provide energy dissipaters 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; d. Protect watercourses subject to accelerated erosion by improving cross sections and/or providing erosion -resistant lining; or e. Upgrade or replace the receiving device structure, or watercourse such that it will receive and conduct the flow to a point where it is no longer subject to degradation from the increased rate of flow or increased velocity. (4) Exceptions: This rule shall not apply where it can be demonstrated that stormwater discharge velocities will not create an erosion problem in the receiving watercourse. (f) BORROW AND WASTE AREAS When the person conducting the land -disturbing activity is also the person conducting the borrow or waste disposal activity, areas from which borrow is obtained and which are not regulated by the provisions of the Mining Act of 1971, and waste areas for surplus materials other than landfills regulated by the Department's Division of 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 7-37 High Point Development Ordinance Chapter 7 — Errvironmental Regulations — Soil Erosion and Sedimentation Control conducting 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. (g) ACCESS AND HAUL ROADS Temporary access and haul roads, other than existing public roads, constructed or used in connection with any land -disturbing activity shall be considered a part of such activity. (h) OPERATIONS 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. The U.S. Army Corps of Engineers shall be notified by the developer of any planned operation in lakes or natural watercourses for possible issuance of Section 404 or other permits.Responsibility for Maintenance During the development of a site, the person conducting the land -disturbing activity shall install and maintain all temporary and permanent soil erosion and sedimentation control measures as required by the approved plan, by any provision of this Ordinance, the Act, or by any order adopted pursuant to this Ordinance or the Act. After site development, the land owner or person in possession or control of the land shall install and/or maintain all.necessary permanent soil erosion and sedimentation control measures, except those measures installed within a road or street right-of-way or easement accepted for maintenance by a governmental agency. (i) RESPONSIBILITY FOR MAINTENANCE During the development of a site, the person conducting the land -disturbing activity shall install and maintain all temporary and permanent soil erosion and sedimentation control measures as required by the approved plan, by any provision of this Ordinance, the Act, or by any order adopted pursuant to this Ordinance or the Act. After site development, the land owner or person in possession or control of the land shall install and/or maintain all necessary permanent soil erosion and sedimentation control measures, except those measures installed within a road or street right -of way or easement accepted for maintenance by a governmental agency. 7-3 8 High Point Development Ordinance Chapter 7 — Environmental Regulations — Soil Erosion and Sedimentation Control 0) ADDITIONAL WASURES Whenever the Enforcement Officer 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 -distributing activity will be required to and shall take additional protective action. (k) EXISTING UNCOVERED AREAS (1) Applicabili : All uncovered areas existing on the effective date of this Ordinance which are the result of land -disturbing activity, which exceed one (1) acre, which are subject to continued accelerated erosion, and which 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. (2) Notice of Violation: The Enforcement Officer 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 Enforcement Officer shall take into consideration the economic feasibility, technology, and quantity of work required and shall set reasonably attainable time limits for compliance. (3) Requiring Erosion Control Plan: The Enforcement Officer reserves the right to require preparation and approval of a soil erosion and sedimentation control plan in any instance where extensive control measures are required. (4) Exemption: This rule shall not require ground cover on cleared land forming the future basin of a planned reservoir. (1) SOIL EROSION AND SEDIMENTATION CONTROL PLANS (1) Applicability: An erosion control plan shall be prepared for all land -disturbing activities subject to this Ordinance, if more than one (1) acre is to be uncovered in accordance with Section 9-7-11(a)(L)a. (Plan and Permit Required). (2) Preparation of Plan: The soil erosion and sedimentation control plan shall be prepared by, and shall bear the seal and signature of a registered professional engineer, architect, landscape architect, Certified Professional in Erosion and Sedimentation Control (CPESC), or a registered surveyor to the extent permitted by North Carolina laws, at a scale not smaller than one (1) inch equals one hundred (100) feet. The plan shall be filed with the Enforcement Officer, and the applicable 7-39 High Point Development Ordinance Chapter 7 — Environmental Regulations -- Soil Erosion and Sedimentation Control Soil and Water Conservation District, thirty (30) days prior to the commencement of the proposed activity. Plans submitted for sites less than one(l) acre do not require a seal and signature of a registered professional engineer, architect, landscape architect, Certified Professional in Erosion and Sedimentation Control (CPESC), or registered surveyor. (3) Submission of Plan: Persons conducting land -disturbing activity that propose to disturb or uncover one (1) or more acres shall file three (3) copies of the erosion control plan with the Enforcement Officer, at least thirty (30) days prior to beginning such activity and shall keep another copy of the plan on file at the job site. If the Enforcement Officer, 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 Enforcement Officer 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. (4) Financial Res onsibili Statement: Soil erosion and sedimentation 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 pursuant to this Ordinance. (5) Conservation District Review: The applicable Soil and Water Conservation District within twenty (20) days of receipt of any plan, shall review such plan and submit its comments and recommendations to the Enforcement Officer. Failure of the Soil and Water Conservation District to submit its comments and recommendations within these twenty (20) days will not delay final action on the plan. (b) Local Jurisdiction Review: The Enforcement Officer will review each complete plan submitted to them and within thirty (30) days of receipt thereof will notify the person submitting the plan that it has been approved, approved with modifications, approved with performance reservations, or disapproved. The Enforcement Officer shall condition approval of a draft erosion control plan upon the applicant's compliance with Federal and State water quality laws, regulations and rules. Failure to approve or disapprove a complete soil erosion and sedimentation control plan within thirty (30) days of receipt shall be deemed to be approved. Denial of a plan must specifically state in writing the reasons for denial. The Enforcement Officer must approve or deny a revised plan within fifteen (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 Enforcement Officer determines that the 7-40 Nigh Point Development Ordinance Chapter 7 — Environmental Regulations — Soil Erosion and Sedimentation Control plan is inadequate to meet the requirements of this Ordinance, the Enforcement Officer may require such revisions as are necessary to comply with this Ordinance. 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 Enforcement Officer shall promptly notify the person submitting the plan that the 30 day time limit for review of the plan pursuant to this section shall not begin until a complete environmental document is available for review. (7) Plan Requirements: 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 proposed to ensure compliance with the requirements of this Ordinance. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for plan preparation can be found in Appendix -Map Standards of this Ordinance. (8) Grounds for Plan_ Disapproval: Any soil erosion and sedimentation control plan that fails to adequately meet the basic control objectives or detail provisions of this Ordinance shall be disapproved. The Enforcement Officer shall disapprove an erosion control plan if, implementation of the plan would result in a violation of rules adopted by the Environmental Management Commission to protect riparian buffers along surface waters. The Enforcement Officer shall disapprove a Plan or draft Plan based on its content. A disapproval based upon a Plan's content must specifically state in writing the reasons for disapproval. (9) Other Disgpprovais: The Enforcement Officer may disapprove a Plan or draft Plans if implementation of the Plan would result in a violation of the rules adopted by the Environmental Management Commission to protect riparian buffers along surface waters. A local government may disapprove a Plan upon finding that an applicant, or a parent, subsidiary, or other affiliate of the applicant: a. 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 Sedimentation Commission or the Enforcement Officer and has not complied with the notice within the time specified in the notice; b. Has failed to pay a civil penalty assessed pursuant to the Act or this Ordinance which is due and for which no appeal is pending; Has been convicted of a misdemeanor pursuant to NCGS 113A-64(b) or any criminal provision of this Ordinance; or d. Has failed to substantially comply with State rules adopted pursuant to the Act or regulations of this Ordinance. 7-41 High Point (Development Ordinance Chapter 7 —Environmental Regulations— Soil Erosion and Sedimentation Control For purposes of this Subsection, an applicant's record may be considered for only the two (2) years prior to the application date. In the event that a Plan is disapproved pursuant to this subsection, the Enforcement Officer shall notify the Director of such disapproval within ten (10) days. The Enforcement Officer shall advise the applicant and the Director in writing as to the specific reasons that the Plan was disapproved. (10) Application Amendments: Applications for amendment of a soil erosion and sedimentation 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 Enforcement Officer, the land -disturbing activity shall not proceed except in accordance with the plan as originally approved. (11) Work Conducted from Approved _Plan: Any person engaged , in land -disturbing activity who fails to file a plan in accordance with this Ordinance, or who conducts a land -disturbing activity except in accordance with provisions of an approved plan shall be deemed in violation of this Ordinance. (12) Plan Approval Required for Permit: No building permits shall be issued, unless and until a soil erosion and sedimentation control plan has been submitted to the Enforcement Officer, a land -disturbing permit has been issued, and initial soil erosion and sedimentation control devices have been installed and are functioning properly. (13) Work Completed Before Final Subdivision Api2roval: No final subdivision plat approval nor any Certificate of Compliance shall be issued unless and until work at the site has been completed in accordance with a valid land -disturbing permit, or an improvement security or bond has been approved and accepted as required by this Ordinance. (14) Surety: The applicant for a land -disturbing permit to grade more than one (1) acre may be required to file with the Enforcement Officer an improvement security, bond, or other instrument satisfactory to the Enforcement Officer to cover all costs of protection of the site according to requirements of this Ordinance. Such surety shall remain in force until the work is completed in accordance with the land - disturbing permit and said work is approved by the Enforcement Officer. Upon violation of this Ordinance, applicable surety shall be used to establish protective cover on the site, to control the velocity of runoff, and/or prevent off -site sedimentation. Any monies in excess of the cost of providing protective measures shall be refunded to the appropriate person. (m) REsTORATION AFTER NON-COMPLIANCE The Enforcement Officer 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 7-42 High Point Development Ordinance Chapter 7 — Environmental Regulations — Soil Erosion and Sedimentation Control 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. 203, 4, (§ 9) -11 , P . 2(§ Ord. 16--9I Ol". 7o. 93-113 lPlt 10 1 , 12-22-93; Ord. No. 94-57, § 1, 12-16-93; Ord. No. 98-07, § 1, 1-22-98;Ord. No. 00-49, Pt. 05 9-7-12 THROUGH 9-7-15 (Reserved) 7-43 High Point Development Or&nance Chapter 7 — Environmental Regulations — Soil Erosion and Sedimentation Comrol CHAPTER 7 ENVIRONMENTAL REGULATIONS ARTICLE A WATERSHED PROTECTION 9-7-1 APPLICABILITY (a) AUTHORITY The City Council of City of High Point, North Carolina is authorized to adopt this Article pursuant to North Carolina law, including but not limited to North Carolina General Statutes 143-214.5, 143-214.6 and 143-214.7, 160-A-314 and rules promulgated by the N.C. Environmental Management Commission thereunder. (b) JURISDICTION The requirements of this Article shall apply to all property within the city of High Point and its extraterritorial jurisdiction and to properties annexed and zoned after the effective date of this Article including both water supply watersheds and non -water supply watersheds. National Pollutant Discharge Elimination System (NPDES) Phase lI stormwater regulations apply jurisdiction -wide and are overlaid by districts that regulate development in water supply watersheds, including the separate General Watershed Areas (GWA) and Watershed Critical Areas (WCA) of Oak Hollow Lake, City Lake, Oakdale Reservoir, Randleman Lake and the Uwharrie (Lake Reese) watersheds. (C) ACTIVITIES COVERED Activities covered include land disturbance, paving, gravel placement, and construction of buildings and other structures, except for the exemptions listed in Section 9-7-1(e), and such activities shall comply with the procedural, design, and construction requirements of this Article. (d) HOW To USE THIS ARTICLE The following general steps should be followed to determine the applicability of these watershed protection requirements to a particular property: 1) identify the location of the property on the Watershed Map; 2) determine any exemptions (see Section 9-7-1(e)); 3) identify any fragile areas or development limitations (i.e. surface waters, steep slopes, etc.) on the property; 4) classify the development as high or low density as defined in Table 7-3-1; 5) based on the development density or built -upon area, determine the method of stormwater control required and surface water buffers; and 6) adhere to the requirements of the High Point Stormwater Best Management Practices Design Manual. 7-1 High Point Development Ordinance Chapter 7— Environmental Regulations — Soil Erosion and Sedimentation Control (e) EXEMPTIONS The following activities are exempt from the requirements of this Article; however, this exemption shall not be construed to permit uses prohibited in the underlying zoning district, or prohibited by this Article. (1) Development on lots of record of less than 20,000 square feet existing on July 1, 1993 in all watersheds except Randleman Lake Watershed, where the effective date is January 1, 2000. (2) Development on lots of record of less than 40,000 square feet existing on January I, 2000, in the Downtown Area, which is shown on the High Point Watershed Map. (3) Construction of one single-family dwelling and its accessory structure(s) on a zone lot provided it is located outside Watershed Critical Area (WCA) Tier I within the Oak Hollow Lake, City Lake and Oakdale Reservoir Watersheds or outside Watershed Critical Area (WCA) Tiers 1 and 2 within the Randleman Lake Watershed. (4) The construction of one two-family dwelling and its accessory structure(s) on a zone lot in the Oak Hollow Lake, City Lake and Oakdale Reservoir Watersheds provided a sedimentation and erosion control plan is not required and provided it is located outside Watershed Critical Area (WCA) Tiers 1 and 2. (S) Development on a zone lot in a non -water supply watershed that disturbs less than an acre. (6) Replacement of existing built -upon area on a lot developed with a like or lesser amount of new built -upon area at the same location, or at a different location on the same zone lot if the Enforcement Officer has determined that equal or improved water quality will result. (7) Existing development as defined by Section 9-2-2(b) of this Ordinance. (f) EXEMPTION TO THE PLAN SUBMISSION REQUIREMENTS OF THIS ARTICLE The placement of small accessory buildings or structures or small amounts of other built - upon area on a lot developed with a nonresidential or multifamily use, provided that the total built -upon area added after the effective date of this Article, is no greater than six hundred (600) square feet and provided that less than one acre of land is disturbed shall be exempt from the plan submission requirements of this Article. This exempted built - upon area or land disturbance shall not be placed within a required surface water buffer. This exemption shall apply to a zone lot for one time only after July 1, 1993, in all watersheds except Randleman Lake Watershed, where the effective date is January 1, 2000. This exemption shall not apply to a lot with a watershed development plan on file with the Planning and Development Department. 7-2 High Point Development Ordinance Chapter 7 — Environmental Regulations — Soil Erosion and Sedimentation Control (g) COMPLIANCE. WITH PREVIOUSLY APPROVED PLANS Any restrictions upon building location, drainageways, pavement or other built -upon area, percentage of impervious surface area, location of built -upon area, or any other matter appearing on any previously approved watershed development plan covering the subject property shall be complied with unless and until replaced by an approved revised watershed development plan meeting the requirements of this Article. (h) ACTIVITIES REGULATED BY OTHER GOVERNMENTAL AGENCIES (1) Agriculture: The Guilford Soil and Water Conservation District is the designated agency responsible for implementing the provisions of this Article pertaining to agriculture. (2) Silviculture: The City of High Point is the designated management agency responsible for implementing the provisions of this Article pertaining to silviculture activities. (3) Transportation: The North Carolina Department of Transportation shall comply with the practices outlined in its document entitled "Best Management Practices for the Protection of Surface Waters" which is incorporated by reference. (4) Hazardous Materials: a. The city of High Point Fire Marshall and the Guilford County Local Emergency Planning Committee are the designated management agencies responsible for implementing the provisions of this Article pertaining to hazardous materials. b. An inventory of all hazardous materials used and stored in the watershed shall be maintained. A spill/failure containment plan and appropriate safeguards against contamination are required. Waste minimization and appropriate recycling of materials is encouraged. Properties in the Watershed Critical Area or General Watershed Area shall comply with the requirements of the following hazardous substances regulations if materials listed in the Superfund Amendments and Reauthorization Act (SARA) Section 302 Extremely Hazardous Substances (42 USC 11000 et seq.), or Section 311 of the Clean Water Act (CWA), as amended (33 USC 1251 et seq.; oil and hazardous substances) are either stored or used on the site. _ 7-3 High Point Development Ordinance Chapter 7 — Environmental Regulations — Soil Erosion and Sedimentation Control (i) MODIFICATIONS, VARIANCES AND APPEALS Requests for modifications, variances or appeals to the provisions of this Article shall be in compliance with Sections 9-9-10, 9-9-11 and 9-9-12 of this Ordinance. (Ord. No. 93-97, (§ 1), 7-1-93; Ord. No. 98-07, Pt. 1, (§ 1), 1-22-98; Ord, No. 99-83, Pt. 3, (§ 1), 11-0-99;0rd. No, 00-08, Pt. 1, (§ 1),5.18-00; ) 9-7-2 INCORPORATION OF WATERSHED MAP (a) INCORPORATION OF WATERSIIED MAP This subsection incorporates by reference the High Point Watershed Map, dated July 1, 1993, and any amendments thereto, showing Watershed Critical Areas, General Watershed Areas, Downtown Area, the Deep River 1 Sub -basin, the Richland Creek Sub - basin and the Business 85IRiverdale Sub -basin within the city's existing and future jurisdiction (planning jurisdiction) of the following water supply watersheds: Oak Hollow Lake, City Lake and Oakdale Reservoir (Jamestown), which are classified as WS-IV Critical Water Supply Watersheds by the North Carolina Environmental Management Commission (EMC); Randleman Lake, which is also classified as WS-IV Critical Water Supply Watershed by the EMC; the Uwharrie (Lake Reese), which is classified as WS-II1 by the EMC, The remaining part of the jurisdiction is the non -water supply watershed that is subject to the National Pollutant Discharge Elimination System Phase 11 requirements, which apply jurisdiction -wide. (b) INCORPORATION OF WCA AND GWA OVERLAY DISTRICTS ON OFFICIAL ZONING MAP The boundaries of the Watershed Critical Area Overlay District and the General Watershed Area Overlay District are adopted on the Official Zoning Map incorporated herein by reference for the purpose of illustration. (Ord. No. 93-87, § 1), 7-1-93; Ord. No. 99-83, Pt. 3, (§ 1), 11-4-99, Ord, No. 0048, Pt. 1, (§ 1),5-18-00) 9-7-3 PROTECTION OF FRAGILE AREAS (a) LAND DISTURBANCE MINIMIZATION (1) Sedimentation and Erosion Control: A sedimentation and erosion control plan shall be required in accordance with Chapter 7, Article B of this Ordinance. (2) Development on the Best Soils and Terrain: Development on the best soils and terrain of any site is encouraged. Hydric soils and those soils that are highly erodable should be avoided. 7-4 High Point Development Ordinance Chapter 7 — Environmental Regulatioru — Soil Erosion and Sedimentation Control (3) Street Standards: Refer to the street standards in Tables 6-16-1, 6-16-2 and 6-16-3. Modifications to street standards may be considered by the Technical Review Committee in order to minimize land disturbance pursuant to Section 9-9-10 (Modi (cations). (4) Low Impact Design: Low Impact Design pursuant to Section 9-7-4 is encouraged. The Technical Review Committee may consider modifications pursuant to Section 9-9-10 (Modifications) in order to facilitate low impact design. (5) Cluster Development: The location of development on soils and terrain most suited to protecting water quality is greatly encouraged by clustering. See Section 9-4-11(a)(2) (Single Family Detached Cluster Development). (6) Density Shifting: The location of development on soils and terrain most suited to protecting the water quality of water supply reservoirs is encouraged. See Section 9-7-8(c) (Density Shifting in the WCA). (b) FLOODPLAIN PROTECTION Development within Special Flood Hazard Areas of the jurisdiction shall comply with the requirements of Chapter 7, Article C (Flood Damage Prevention) of this Ordinance. (C) SURFACE WATER BUFFERS (1) Perennial and Intermittent Surface Water, Buffers Required: A surface water buffer shall be maintained with a minimum width as specified in Table 7-3-1 and measured landward from the normal pool elevation of the water supply impoundment and from the bank of each side of perennial and intermittent streams, lakes and ponds. These waters are indicated on the most recent version of either the United States Geological Survey 1:24,000 scale (7.5 minute quadrangle) topographic maps or the Soil Survey maps developed by the USDA Natural Resource Conservation Service. In addition, other site specific evidence may indicate to the NC Division of Water Quality the presence of waters not shown correctly on either of these two maps. Where these two maps show waters where no actual stream or waterbody exists, or where waters exist that are not shown on these maps, a developer may submit site -specific evidence in support of such claim to the Technical Review Committee. If the Committee determines that a discrepancy exists, the evidence may be submitted to the NC Division of Water Quality for a determination in water supply watersheds. For surface waters in non -water supply watersheds, the Committee will use the maps referenced above or a classification study in accordance with the U.S Army Corps of Engineers or the N.C. Division of Water Quality methodology to determine stream classification. All surface water buffers shall be depicted as provided for in the "Guidebook of Standards and Practices for Development". 7-5 High Point Development Ordinance Chapter 7— Environmental Regulations — Soil Erosion and Sedimentation Control TABLE 7-3-1 MINIMUM SURFACE WATER BUFFER WIDTH REQUIREMENTS �� Classtficatton3 k, �trLow Density �` �t h s Htgh�DensttTA, evelopmen F yr riS rH f - yf .,� - } �s 3i•'ra`: �C' f1Y I }t ,RVrc3� "•` i 1 ?F �u �7 t � Nk' c 4� 4+ �, Y. °cS 4 vl � H iDevelopment � i'1 S1 i�. � SI {,t ��N t,�Iy� t C � � 4 x ,.� , n 2 �J j�. `I y F'. - � -� r ; � ••c�am�""f Fi, it r.-.tK �'�i.,..... Vr1Nn i.y•• j�., t.� i i.C. Y:-1" [ rx�ii�.+'�+�i� ..k�.i.e.-.a��(t J'.4vi.ii 54 1��..G^:�_..YC �i.;f: }. �: a�. ��s,_'Nit[rt .1., sk .n_i� � rJ.3t ,.v�-'.; Perennial Surface 50 feet 100 feet Waters (Streams, Zone 1 Zone 2 Zone 1 Zone 2 Zone 3 Lakes and Ponds) 30 feet 20 feet 30 feet 20 feet 50 feet Intermittent Surface 50 feet 50 feet Waters (Streams, Zone 1 Zone 2 3Zone 1 Zone 2 Lakes and Ponds) 30 feet 20 feet 30 feet 20 feet Low Density Development is development that is equal to or less than two dwelling units per acre or 24% built - upon area in all watersheds except Randleman. Low Density Development in Randleman watershed is development that is equal to or less than one dwelling unit per acre or 12% built -upon area. High Density Development is development that is greater than two dwelling units per acre or 24% built -upon area in all watersheds except Randleman. High Density Development in Randleman watershed is development that is greater than one dwelling unit per acre or 12% built -upon area. See Section 9-7-3(d) for additional buffers where surface waters abut moderate to steep slopes. (2) Buffer Zones: Required surface water buffers consist of two or three zones depending on the density of development and stream classification, as shown in Table 7-3-1. Zone 1 shall be the first 30 feet landward from the top of the stream bank or mean high water line of other water bodies. Zone 2 shall begin at the outer edge of Zone I and extend landward a minimum of 20 feet. Zone 3 shall begin at the outer edge of Zone 2 and extend landward 50 feet. Zones 1 and 2 shall be undisturbed except as allowed in this Section. Zone 3 can be disturbed but must remain vegetated. Refer to Section 9-7-3(d) for additional surface water buffers to protect steep slopes bordering streams. Such additional buffers would be added to Zone 2. a. Exemption: The following waterbodies and land uses are exempt from the surface water buffer requirements: (1) Ditches and manmade conveyances, other than modified natural streams which under normal conditions do not receive drainage from tributary ditches, canals or streams, unless the ditch or manmade conveyance delivers runoff directly to state -classified waters; (2) Ponds and lakes created for animal watering, irrigation or other agricultural uses that ' are not a part of a natural drainageway that is classified; 7-6 Iligh Point Development Ordinance Chapter 7 — Environmental Regulations — Soil Erosion and Sedimentation Control (3) Water dependant structures provided that they are located, designed, constructed and maintained to provide maximum nutrient removal, to have the least adverse effects on aquatic life and habitat and to protect water quality; and (4) Horticultural or silvicultural practices to maintain the health of individual trees and removal of individual trees which are in danger of causing damage to dwellings, other structures or the stream channel; however, other selective cutting of individual trees is not exempted and is not an allowed activity. b. Zone 1 1. The following practices and activities are prohibited: Land disturbing activities and placement of fill other than those allowed in Section 9-7-3(c)(2)a; ii. No new development shall be allowed in Zone I of the surface water buffer, except that water dependent structures as defined in Section 9-2-2, road crossings, railroad crossings, bridges, airport facilities and utility crossings may be allowed where no practical alternative exists, as determined by the Technical Review Committee. Activities that cross the stream shall be constructed as close to 90 degrees relative to the stream as practicable. Where these activities are allowed, they shall minimize built -upon surface area, divert runoff away from surface waters and protect water quality to the maximum extent practical through the use of Best Management Practices; iii. New on -site sanitary sewage systems that use ground absorption; iv. The application of fertilizer; v. Any activity which threatens the health and function of the vegetation including, but not limited to, application of chemicals in amounts exceeding the manufacturer's recommended rate, uncontrolled sediment sources on adjacent lands, and the creation of any areas with bare soil. 2. The following sheet flow requirements must be met: i. Sheet flow must be maintained to the maximum extent practical through dispersing concentrated flow and re-establishment of vegetation to maintain the effectiveness of the surface water buffer. ii. Concentrated runoff from the new ditches or manmade conveyances must be dispersed into sheet flow before the runoff 7-7 High Point Development Ordinance Chapter 7 — Environmental Regulations —Sail Erosion and Sedimentation Control enters zone 2 of the surface water buffer. Existing ditches and manmade conveyances are exempt from this requirement; however, care shall be taken to minimize pollutant loading through these existing ditches and manmade conveyances from fertilizer application or erosion. iii. Periodic corrective action to restore sheet flow shall be taken by the landowner if necessary to impede the formation of erosion gullies that allow concentrated flow to bypass treatment in the surface water buffer. c. Zone 2 1. The following practices and activities are prohibited: No new development shall be allowed in Zone 2 of the surface water buffer, except those allowed in Zone 1 and stormwater management facilities, utility construction and maintenance corridors, stream restoration projects, stream gauging, water wells, passive recreation facilities such as boardwalks, paved greenway trails, pathways and historic preservation and archaeological activities may be allowed where no practical alternative exists, as determined by the Technical Review Committee. Where these activities are allowed they shall minimize built -upon surface area, divert runoff away from surface waters and protect water quality to the maximum extent practical through the use of Best Management Practices; ii. New on -site sewage systems that use ground absorption; iii. Any activity which threatens the health and function of the vegetation including, but not limited to, application of chemicals in amounts exceeding the manufacturer's recommended rate, uncontrolled sediment sources on adjacent lands, and the creation of any areas with bare soil. 2. The following sheet flow requirements must be met: i. Sheet flow must be maintained to the maximum extent practical through dispersing concentrated flow and re-establishment of vegetation to maintain the effectiveness of the surface .water buffer; ii. Concentrated runoff from new ditches or manmade conveyances must be dispersed into sheet flow before the runoff enters Zone 2 of the riparian area. Existing ditches and manmade conveyances are exempt from this requirement; however, care shall be taken to 7-8 Nigh Point Development Ordinance Chapter 7— Environmental Regulations — Soil Erosion and Sedimentation Control minimize pollutant loading through these existing ditches and manmade conveyances from fertilizer application or erosion; iii. Periodic corrective action to restore sheet flow shall be taken by the landowner if necessary to impede the formation of erosion gullies that allow concentrated flow to bypass treatment in the surface water buffer. d. Zone 3: Zone 3 is required for all high density development. Zone 3 may be disturbed, but it must remain vegetated. The following practices and activities are prohibited in Zone 3: L No new development shall be allowed in Zone 3 of the surface water buffer, except those allowed in Zone 1 and stormwater management facilities, utility construction and maintenance corridors, stream restoration projects, stream gauging, water wells, passive recreation facilities such as boardwalks, paved greenway trails, pathways and historic preservation and archaeological activities may be allowed where no practical alternative exists, as determined by the Technical Review Committee. Where these activities are allowed they shall minimize built -upon surface area, divert runoff away from surface waters and protect water quality to the maximum extent practical through the use of Best Management Practices New Lots in the Surface Water buffer; 2. New on -site sewage systems that use ground absorption; 3. Any activity which threatens the health and function of the vegetation including, but not limited to, application of chemicals in amounts exceeding the manufacturer's recommended rate, uncontrolled sediment sources on adjacent lands, and the creation of any areas with bare soil. (3) Channelization: Channelization of perennial or intermittent streams shall be prohibited, except for access crossings, erosion control devices and runoff control devices. (4) New hots in the Surface Water Buffer: To the extent practical, no new single- family or two-family residential lots shall be created which are entirely or partly contained within the surface water buffer. (d) SLOPE AND BUFFER PROTECTION (1) Purpose: The purposes of this provision are to limit the loss of soil, reduce soil erosion, minimize excess stormwater runoff, lessen the degradation of surface waters, and protect the buffers so established to protect surface waters. To this end, an addition to the surface water buffer requirements of Section 9-7-3(c) shall be required when intermittent and perennial surface waters abut moderate to steep slopes. 7-9 High Point Development Ordinance Chapter 7— Environmental Regulations — Soil Erosion and Sedimentation Control (2) Application: Such addition to the surface water buffer requirements shall only apply where that portion of the surface water is adjacent to moderate to steep slope areas. For slopes with a value of 15 percent or less, no additional buffering is required. For slopes of greater than 15 percent up to 25 percent, an additional 15- foot wide undisturbed buffer shall be required. For slopes greater than 25 percent, an additional 30 feet of undisturbed buffer shall be required. These calculations shall be made from each side of the surface water bank. Such additional buffer required by this section shall extend Zone 2 of the surface water buffer. In the case where Zone 3 is required, the extension of the Zone 2 surface water buffer may be offset by an identical decrease in width in Zone 3. (3) Determination: The determination of whether such moderate to steep slope areas exist adjacent to a surface water shall be made by making 100 foot long perpendicular measurements at intervals, not greater than 50 feet in length, or at intervals as otherwise determined by the Technical Review Committee, along the entire length of the surface water as measured from the top of bank- These measurements shall be based on the most recent topographic survey of land that utilizes the smallest contour interval. See the Guidebook of Standards and Practices for Development for specific calculations, instructions and illustrations. (e) ADDITIONAL PROTECTION IN WATERSHED CRITICAL AREAS Due to the proximity of Watershed Critical Areas to water supply reservoirs, fragile areas including steep slopes near perennial and intermittent streams, wetlands and drainage areas merit additional protection as prescribed in Section 9-7-8(a). (Ord. No. 93-97, § 1, 7-1-93; Ord. No. 99-83, Pt. 3, (§ 1), 11-4-99; Ord. No, 00-48, Pt. 1, (§ 1).5-18-00) 9-7-4 LOW IMPACT DESIGN (a) GOALS The primary goals of low impact design are to lower the impact of development on receiving waters, to encourage environmentally sensitive development, to help build communities based on environmental stewardship, and to reduce construction and maintenance costs of the stormwater infrastructure. The use of low impact design shall address these goals through the objectives found in Section 9-7-4(b). (b) OBJECTIVES (1) Preserve Fragile Areas and Open Space: Preserve fragile areas through the following: a. Avoiding riparian areas, wetlands, steep slopes, high infiltration and hydric soils; 7-10 Nigh Point Development Ordinance Chapter 7 — Environmental Regulations -- Soil Erosion and Sedimentation Control b. Maximizing open space and common area through -cluster development where appropriate; c. Maintaining open space in a natural condition by reforestation where clearing has occurred. (2) Minimize Land_ Disturbance and Built -Upon Area: Design development to provide the following: a. Efficient layout to reduce overall length of streets; b. Shared parking and drives where possible to further reduce built -upon area; c. Step floor elevations to fit terrain and avoid slab -on -grade construction to minimize land disturbance. (3) Protect Water Resources: Use proper site design techniques to replicate pre-existing hydrologic site conditions by placing water quality control devices close to the source. Techniques may include the following: a. Designing driveways and parking areas with vegetated swales and/or sheet flow into infiltration areas; b. Using grass swales instead of curb and gutter to increase water filtration. (C) PROCESS The low impact design process is established in the City of High Point Stormwater Best Management Practices Design Manual. (Ord. No. 93-87, § 1, 7-1-93; Ord, No. 93-93,§ 1, 9-16-93; Ord. No. 93-113, Pt 1, § 1, 12-13-93; Ord, No. 94-57, § 1, 12-16-93, Ord. No, 9446, § 1, 4-21- 94; Ord. No, 98-07, Pt. 2 (§ 1), 1-22-98; Ord. No, 99-83, Pt. 3, (§ 1), 1 1-4-99; Ord, No. 00-48, Pt. 1, (§ 1),5-18-00) High Point Development Ordinante Chapter 7 — Environmental Regulations — Soil Erosion and Sedimentation Control 9-7-5 GENERAL STANDARDS AND RESTRICTIONS (a) DENSITY AND INTENSITY (1) Low Density Development: For low density development, density is measured in dwelling units per acre for single-family and two-family residential developments. For recreational facilities, such as golf courses and tennis and swim clubs lying within such residential developments, measure the built -upon area on the lot or common area and divide by 3,000 square feet to obtain a dwelling unit equivalency number. Upon approval of a modification by the Technical Review Committee, low density developments may utilize either the density standard, built -upon area standard, or combination thereof pursuant to Table 7-5-1. For all other residential and nonresidential development, the built -upon area measure shall apply. (2) High Density Development: For all high density development the built -upon area measure shall apply. (3) Densijy and Built-U on Area Calculations: For the purpose of calculating density, acres skull be gross acres. As an alternative, single-family or two-family residential developments dividing four or fewer lots and not constructing streets may use 20,000 square -foot lots where the maximum density is two dwelling units per acre and 40,000 square -foot lots where the maximum density is one dwelling unit per acre. If single-family or two-family dwellings are intermingled within a development with other uses, then the built -upon area measurement shall apply. When sections of the same development are devoted to single-family or two-family residential development and other sections are devoted to other uses, then the developer may apply the appropriate measurement to the different sections or may use the built -upon area measurement for the entire development. Single-family or two-family residential development using the built -upon area measurement shall assume 3,000 square feet of built -upon area per lot. The built -upon area maximum shall apply to the entire development, including streets, buildings, drives, and other impervious surfaces. The maximum built -upon area allowed shall be allocated throughout the development. In single-family and two-family residential developments, the allocation to each lot shall be uniform. In all other developments, the allocation may vary among lots. In all cases, the recorded plat shall clearly state each lot's allocation and restrictive covenants shall record these allocations. 7-12 High Point Development Ordinance Chapter 7— Environmental Regulations — Soil Erosion and Sedimentation Control TABLE 7-5-1 MINIMUM STORMWATER CONTROLS REQUIRED IN THE GENERAL WATERSHED AREA AND IN NON -WATER SUPPLY WATERSHEDS `W!afeished s° ,', ;,,'+a °"�Dens� yBiiylt U"o'n"Area } t, .:w Mtiitihiii&St�or"mwaterj` V,�r 4 , 3k ,:,1 ; 1 ,,.'Restdenttal L;rittfMulttfam><iyand€' f;}Control Requ> red�� - 1 5rr Y .ySk 3S.'JVSf`•:! I ,�1.-3�}v'.+ °A' It I�fl?h..�t4N : 7t(.:i Cy, �3.p�' E�y`1 . 71335'ti }�-v a.l �+ `��5aynA:l44i} fr 1�J1 S�a'�._4i qJ {P,.�f� :f .�5. :1 ;•a; t�, ,:Xl��i ;5K.4: .:3 S is :..�S:. Nonresidenttai All watersheds EXCEPT < I du/2 acre :S 6% built -upon area None < 2 du/acre < 24% built -upon area Altemate measures Randleman > 2 du/acre > 24% built -upon -area Engineered stormwater controls4 Randleman Lake < I du/2 acre < 6% built -upon area None < 1 du/acre < 12% built -upon area Alternate measures > I du/acre > 12% built -upon area _f Engineered stormwater controls4 1. Single-family and two-family development utilizing the low density option shall use the density standards except as approved by modification pursuant to Section 9-7-5(a)(1). Single-family and two-family development exceeding the density limits shall use the built -upon area standards. Multifamily residential and nonresidential development shall use the built -upon area standards. 2. May be increased to three dwelling units per gross acre or 36% built -upon area for developments without a curb and gutter street system. 3. Alternate measures in accordance with Section 9-7-5(b)(2). Low Density Development is development that is equal to or less than two dwelling units per acre or 24% built -upon area (bua) in all watersheds except Randleman. Low Density Development in Randleman watershed is development that is equal to or less than one dwelling unit per acre or 12% built -upon area. 4. Engineered Stormwater Control in accordance with Section 9-7-5(b)(3). High Density Development is development that is greater than two dwelling units per acre or 24% bua in all, watersheds except Randleman. High Density Development in Randleman watershed is development that is greater than one dwelling unit per acre or 12% bua. TABLE 7-5-2 MINIMUM STORMWATER CONTROLS REQUIRED IN THE WATERSHED CRITICAL AREA .�;. .„ a '.A ,-+.+,�: Waterslledyg b>t � V}�;�n:��'�'+1aW"��p 'I A}�Y'i^i �} r '^ •; M1r.. ,•`,A � ' '}v i;Y.:prlm tl +IIS{ d?r_ . F ,„ �ri�Z'k , r rVI) ,yBuilt UPon Area, !y� , 6fti~I t SR' gSN !, ,xai 1 ] i i s AYi.0 7! ..}tittsi, !N".. �• t4�`k �+ v^. 7nrk .rx. A 1 4 l•. A f PIRM nimumaStarmwaterf,, 4 q ! c •, �; �� h�Mrfia � �Ccx � ° ��h �r Restdenttal� 1 1• S : 1 ""�i�-• RqP Vlultifamtty and v "� ` at t �,� � Y� � r r'rr� �4 � }, t �r k t^ ;!'�'+ it k �•"r i { � � js " � , � i'S !`:"'� � `�', .�;. �.'�,.4�k'";..��.,ttli;•,�,1. w,:...Sr7..d'i w�yt c,%!•Fi?. ALL water supply < 1 du/2 acre _< 6% built -upon area None watersheds < 2 du/acre < 24% built -upon area Alternate measures EXCEPT N/A > 24% built -upon area Engineered stormwater Randleman Lake controlS2 Randleman Lake < l du/2 acre < 6% built -upon area None > 1 du/2 acre > 6% built -upon area Engineered stormwater controlS2 I. Alternate measures in accordance with Section 9-7-5(b)(2). 2. Engineered stormwater controls in accordance with Section 9-7-5(b)(3). 3.1n Tier 4, residential development> Idu/2 acres and < Idulacre and multifamily and nonresidential development > 6% and < 12% built -upon area may use alternative measures in accordance with Section 9-7-5(b)(2) in I ieu of engineered stormwater controls. 7-13 High Point Development Ordinance Chapter 7 — Environmental Regulations — Soil Erosion and Sedimentarion Control (Ord. No.93-87, § 1,7-1-93, Ord No,93-93. § 1, 9-16-93, Ord. No.94-46, § 1,4-21-94; Ord. No. ,§ 1,1997; Ord. No.98-07, § 1,1-22-98; Ord. No. 99-83, Pt. 3, (§ 1), 11-4.99; Ord. No. 00.48, Pt, 1, (¢ 1),5-18-00) (b) METHODS OF STORMWATER CONTROL (1) Vegetated Conveyances for Low Density -Development: Stormwater runoff shall be transported from the development by vegetated conveyances to the maximum extent practical as determined by the Technical Review Committee. (2) Alternate Measures for Low Density Development: As required by Table 7-5-1 and Table 7-5-2, the following stormwater management facilities are considered alternate measures that may be allowed provided that they meet the standards of the Ciiy of High Point Stormwater Best Management Practices Design Manual: a. Extended Dry Pond. b. Infiltration Trench. c. Natural Infiltration Area. d. Participation in a public or private regional runoff control program, in comp ( iance with Section 9-7-5(c). e. Low Impact Design. f. Any best management practice approved by the Enforcement Officer that meets the performance standards of control of the first one-half inch of rainfall. (3) Engineered Stormwater Controls for High Density Development: In accordance with Tables 7-5-1 and 7-5-2, stormwater management facilities, such as wet detention ponds, meeting the performance standards of control of the first one inch of rainfall and removal of 85% of total suspended solids (TSS) shall be used to control stormwater runoff in compliance with the City of High Point Stormwater Best Management Practices Design Manual. In lieu of an on -site engineered stormwater control, developments may participate in a regional stormwater control program in compliance with the requirements of Section 9-7-5(c). (C) PARTICIPATION IN A REGIONAL STORMWATER CONTROL PROGRAM (1) Public Regional Stormwater Control frog am: a. Where Permitted: Where a regional stormwater control program has been established by one or more local governments, or by an authority operating on behalf of one or more local governments, a development may participate in said program in lieu of any certification of stormwater control required by this Article, provided that: 7-14 High Point Development Ordinance Chapter 7— Environmental Regulations — Soil Erosion and Sedimentation Control The development is within an area covered by a public regional stormwater control program; 2. Stormwater from the development drains to an existing or funded public regional engineered stormwater control structure which is proposed to be built and is part of said program; 3. Participation is in the form of contribution of funds, contribution of land, contribution of engineered stormwater control structure construction work, or a combination of these, the total value of which shall be in accordance with a fee schedule adopted by the city or in accordance with an intergovernmental agreement; and 4. The Technical Review Committee finds that the watershed development plan is in compliance with all other applicable requirements of this Ordinance. b. Developments participating in a public regional stormwater control program are encouraged to maintain pre -development hydrology at the project site. c. Use of Contributions: Each contribution from a development participating in a public regional engineered stormwater control structure program shall be used for acquisition, engineering, construction and/or maintenance of one or more such structures in the same watershed in which development lies. The use of contributions for these purposes does not preclude the use or imposition of other revenue sources for these purposes. (2) Private Regional Stormwater Control Program: a. Where Permitted: Participation in a private regional engineered stormwater control program is permitted where a private off -site stormwater control program has been established by one or more property owners and approved by the Technical Review Committee. A development may participate in said program in lieu of any certification of runoff control required by this Article, provided that: I. The development is within an area covered by an off -site engineered stormwater control structure; 2. Runoff from the development drains to an existing engineered stormwater control structure; 3. The parties agree to share the cost of any required maintenance and/or construction; 4. The agreement runs with the property; 7-15 High Point Development Ordinance Chapter 7— Environmental Regulations — Soil Erasion and Sedimentation Control 5. The agreement is recorded with the county Register of Deeds in accordance with Section 9-7-5(d)(3); 6. The Enforcement Officer fmds that the watershed development plan is in compliance with all other applicable requirements of this Ordinance. b. Developments participating in a private regional stormwater control program are encouraged to maintain pre -development hydrology at the project site. (d) IMPROVEMENTS (1) Design of Improvements: a. The design of all stormwater management facilities shall be performed by a North Carolina registered professional engineer, approved by the Technical Review Committee, and meet or exceed the standards of the city's Ci of High Point Stormwater Best Management Practices Design Manual. b. The Technical Review Committee shall require that a stormwater management facility be positioned on a site such that water quality protection is improved. (2) Construction of Improvements: a. The construction of all stormwater management facilities as shown on an approved watershed development plan shall be completed and have received final approval prior to any plat recordation, or said improvements shall be guaranteed by a surety in accordance with Section 9-3-9 (Sureties or Improvement Guarantees). b. The construction of all stormwater management facilities as shown on an approved watershed development plan shall be completed and have received final approval prior to the issuance of building certificate of compliance. c. If a building permit is not required for a site, then any required stormwater management facility shall be completed prior to installation of any built -upon area on the site. (3) Recordation of Improvements: All stormwater management facilities and associated access/maintenance easement(s) shall be recorded on a plat, and a mechanism to ensure their maintenance shall be established and recorded concurrent with or prior to plat recordation. (4) Engineer's Certificate of Completion Required: An engineer's Certification of Completion for stormwater management facilities (found in the city's Guidebook of Standards and Practices for Development) shall be submitted prior to issuance of any building certificate of compliance. 7-16 High Point Development Ordinance Chapter 7— Environmental Regulations — Soil Erosion and Sedimentation Control (5) Operation and Maintenance Agreement: a. Maintenance responsibility for stormwater management facilities and their access shall be vested with a responsible party by means of a legally binding and enforceable operation and maintenance agreement that is executed as a condition of plan approval, as provided for in Section 9-7-5(d)(3). Said agreement must be approved by the Enforcement Officer and shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the stormwater management facilities. In the case of participation in a regional runoff control program per Section 9-7-5(c), a binding contract or agreement shall be required for participation. b. The operation and maintenance agreement shall be referenced on the final plat and shall be recorded with the county Register of Deeds upon final plat approval. If no subdivision plat is recorded for the site, then the operation and maintenance agreement shall be recorded with the county Register of Deeds so as to appear in the chain of title of all subsequent purchasers under generally accepted searching principles. c. The operation and maintenance agreement shall require the owner or owners' association to maintain, repair and, if necessary, reconstruct the stormwater management facilities, and shall state the terms, conditions, and schedule of maintenance for such. The owner of each stormwater management facility installed pursuant to this Ordinance shall maintain and operate it so as to preserve and continue its function in controlling water quality and quantity in accordance with the function for which it was designed. The operation and maintenance agreement shall refer the property owner or owners' association to the City of High Point for specific maintenance requirements of stormwater management facilities. In addition, it shall grant to the City a right of entry in the event that the Enforcement Officer has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the stormwater management facilities. In no case shall the right of entry, of itself, confer an obligation on the City to assume responsibility for maintenance of the stormwater management facilities. d. The Enforcement Officer shall have the responsibility to inspect the engineered stormwater control structures annually, as required by NC Environmental Management Commission, to record the results on forms approved or supplied by the North Carolina Division of Water Quality, to inspect any other stormwater management facilities as deemed necessary, and to notify the responsible property owner or owners' association when maintenance or repairs are required. All required repairs and maintenance shall be performed within 90 days after such notice. In case of failure by the responsible party to perform the required maintenance or repairs within the stated period, the city may perform such maintenance or repairs and recover all costs attendant thereto from the property owner or owners' association. 7-17 High Point Development Ordinance Chapter 7— Environmental Regulations — Soil Erosion and Sedimentation Control e. For all stormwater management facilities required pursuant to this Ordinance that are owned by a private property owner or an owners' association, the required operation and maintenance agreement shall include all of the following provisions: 1. Acknowledgment that the owner or owners' association shall continuously operate and maintain the stormwater management facilities. 2. Establishment of an escrow account, which can be spent solely for sediment removal, structural, biological or vegetative replacement, major repair, or reconstruction of the stormwater management facilities. if stormwater management facilities are not performing adequately or as intended or are not properly maintained, the City, in its sole discretion, may remedy the situation, and in such instances the City shall be fully reimbursed from the escrow account. Escrowed funds may be spent by the owner or owners' association for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the stormwater management facilities. 3. Granting to the City a right of entry to inspect, monitor, maintain, repair, and reconstruct stormwater management facilities. 4. Allowing the City to recover from the owner or owners' association and its members any and all costs the City expends to maintain or repair the stormwater management facilities or to correct any operational deficiencies. Failure to pay the City all of its expended costs, after forty- five (45) days written notice, shall constitute a breach of the agreement. In case of a deficiency, the City shall thereafter be entitled to bring an action against the owner or owners' association and its members to pay, or foreclose upon the lien hereby authorized by the agreement against the property, or both. Interest, collection costs, and attorney fees shall be added to the recovery. 5.. A statement that this agreement shall not obligate the City to maintain or repair any stormwater management facility, and the City shall not be liable to any person for the condition or operation of stormwater management facilities. 6. A statement that this agreement shall not in any way diminish, limit, or restrict the right of the City to enforce any of its ordinances as authorized by law. 7. A provision indemnifying and holding harmless the City for any costs and injuries arising from or related to the stormwater management facilities, unless the City has agreed in writing to assume the maintenance 7-18 High Point Development Ordinance Chapter 7 — Environmental ,Regulations — Soil Erosion and Sedimentation Control responsibility and has accepted dedication of any and all rights necessary to carry out that maintenance. (6) Inspection Program: a. Inspections and inspection programs by the City may be conducted or established on any reasonable basis, including but not limited to routine 'i inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in stormwater management facilities; and evaluating the condition of stormwater management facilities. b. If the owner or occupant of any property refuses to permit such inspection, the Enforcement Officer shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2 or its successor. No person shall obstruct, hamper or interfere with the Enforcement Officer while carrying out his or her official duties. 7-19 High Point Development Ordinance Chapter 7 — Environmental Regulations — Soil Erosion and Sedimentation Control (e) WATERSHED DEVELOPMENT PLAN (1) Plan Required: A watershed development plan prepared by a North Carolina registered professional engineer in accordance with the requirements of this Article shall be submitted to the Enforcement Officer for all development throughout the jurisdiction. (2) Construction Plans a Part of Watershed Development Plan: The construction plans for required runoff control structure(s) shall be approved as part of the watershed development plan, and prior to issuance of any building or land -disturbing permit on a site. For subdivisions, construction plans shall be submitted in accordance with Section 9-6-5 (Submission of Plans). (3) Master Watershed Development Plan: Where authorized by the Technical Review Committee, a master watershed development plan may be approved for certain large-scale nonresidential and multifamily developments, in lieu of a watershed development plan with the required construction plans. Where authorized, said master watershed development plan shall be approved by the Technical Review Committee prior to the recordation of any plat, or issuance of any grading or building permits for the total site. Prior to the approval of any site plans or group development plans, grading or building permits for any development site included on a given master watershed development plan, a site -specific watershed development plan shall be approved subject to the requirements of this Article. (4) Plan Approval: The Technical Review Committee shall approve any watershed development plan that is in conformance with the requirements of this Article. (5) Approved Plan a Prerequisite: A watershed development plan shall be approved prior to the recordation of any plat, or issuance of any grading or building permits for the site. The Enforcement Officer is not authorized to issue any permits, except as provided in Section 9-34(a) for development on any land in High Point's jurisdiction or planning area unless and until a watershed development plan has been approved. (6) Engineered Stormwater Controls and Alternate Measures: When a permanent engineered stormwater control structure or alternate measure, including participation in a regional stormwater control program, is required for a development to meet the requirements of this Article, a North Carolina registered professional engineer shall prepare the plan with the Engineer's Certification of Runoff Control (found in the city's Guidebook of Standards and Practices for Development affixed, signed, sealed, and dated. 7-20 High Point Development Ordinance Chapter 7-Environmental Regulations —Soil Erosion and Sedimentation Control 9-7-6 WATER SUPPLY OVERLAY DISTRICT DESCRIPTIONS AND BOUNDARIES Two overlay districts cover water supply watersheds. They are the Watershed Critical Area Overlay District and the General Watershed Area Overlay District. Where a boundary is questionable, see Section 9-1-12(a)(9) (Boundary Interpretation, Watersheds). (a) GENERAL WATERSHED AREA OVERLAY DISTRICT The General Watershed Area (GWA) is an overlay district that includes all land draining into designated water supply reservoirs within the city's jurisdiction, but outside any Watershed Critical Area Overlay District. Reservoirs designated for purposes of the Article are Oak Hollow Lake, City Lake, Oakdale Reservoir (Jamestown), Randleman Lake and Uwharrie (Lake Reese). (b) WATERSHED CRITICAL AREA OVERLAY DISTRICT The City of High Point Watershed Map shows the Watershed Critical Area District boundaries. The Watershed Critical Area District is an overlay district covering the portion of the watershed adjacent to a designated water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. The Watershed Critical Area Overlay District boundary extends either a minimum of 2,750 feet from the normal pool elevation of the reservoir in which the intake is located or to the ridgeline of designated water supply reservoir basins whichever comes first. In the case of major streams feeding the water supply reservoir (East and West Forks of the Deep River and Hiatt Branch), the district boundary extends to the nearest identifiable major feature which crosses the stream, and which is at least 2,750 feet upstream of the reservoir measured horizontally, except for the West Fork of the Deep River upstream from Oak Hollow Lake, where the major identifiable feature shall be defined as Sandy Ridge Road. The identifiable major feature may be a street, railroad, easement or other means of travel, which can be used by emergency personnel to respond to spills. The WCA consists of four tier divisions as follows: (1) Tier 1: Tier I consists of those lands within 200 feet measured horizontally from the pool elevation of the designated reservoirs, which is 803 feet above mean sea level for Oak Hollow Lake, 756 feet above mean sea level for City Lake, 716 feet above mean sea level for Oakdale Reservoir, and 682 feet above mean sea level for Randleman Lake. (2) Tier 2: Tier 2 consists of those lands lying within an area bounded by Tier 1 and a line parallel to and 750 feet in distance from the normal pool elevation. (3) Tier 3: Tier 3 consists of those lands lying within an area bounded by Tier 2 and a line parallel to and 2,750 feet, measured horizontally from the normal pool elevation, or to the boundary of the WCA, whichever comes first, for all WCAs except the Randleman Lake WCA. Randleman Lake's WCA consists of those lands lying within an area bounded by Tier 2 and a line parallel to and 3,000 feet measured horizontally from the normal pool elevation, or to the boundary of the 7-21 High Point Development Ordinance Chapter 7 — Environmental Regulations — Soil Erosion and Sedimentation Control WCA, which ever comes first, except that Tier 3 along Richland Creek consists of those lands lying within an area bounded by Tier 2 and a line parallel to and 2,640 feet (1/2 mile) measured horizontally from the normal pool elevation or to the boundary of the WCA, whichever comes first. (4) Tier 4: Tier 4 consists of those lands lying in the area between the boundary of Tier 3 and the WCA boundary. (Ord. Na 93-97. § 1, 7-1-93; Ord. No.95-94, § 1, 10-19-95; Ord. No.98-07, § 1,1-22-98; Ord. No. 99-83, Pt. 3, § 1, I 1-4-99; Ord. No. 00A8, Pt. 1, (§ 1),5- 18-00;) 9-7-7 GENERAL WATERSHED AREA OVERLAY DISTRICT (GWA) STANDARDS AND RESTRICTIONS (a) SPILL, RISK REDUCTION IN THE GWA (1) Prohibited Uses: The following uses shall be prohibited in a General Watershed Area (GWA): Hazardous or toxic substance generator or handler as defined in Section 9-7-26. (2) Restricted Use: The following use shall be restricted in a GWA: No expansion of any existing private solid waste landfill or establishment of any new public or private solid waste landfill shall be permitted. (b) GWA BUILT -UPON AREA LIMITS (1) Built -Upon Area Limits in Oak Hollow Lake, City Lake and Oakdale Reservoir Watersheds: Oak Hollow Lake, City Lake and Oakdale Reservoir are classified as WS IV CW water supply watersheds, and development in the General Watershed Area (GWA) Overlay Districts shall not exceed 70% built -upon area. (2) Built -Upon Area Limits in Randleman Lake Watershed: Randleman Lake is classified as a WS IV CW water supply watershed, and development in the Randleman Lake GWA Overlay District shall not exceed 50% built -upon area, except as otherwise provided in this Subsection. a. In the Randleman Lake Downtown Area, as shown on the City of High Point Watershed Map, development shall not exceed 90% built -upon area. In the Randleman Lake Credit Area, which is in the Deep River 1 subbdsin as shown on the City of High Point Watershed Map, nonresidential development shall not exceed 70% on parcels totaling a maximum of 2,357 acres. b. Allocation shall be made on a first come, first served basis. An allocation shall be assigned when a building permit for the site is issued, site plan is approved, or the preliminary subdivision plat for a development is approved. Expiration of 7-22 High Point Development Ordinance Chapter 7 — Errvironmental Regulations — Soil Erosion and Sedimentation Control a building permit, site plan approval, or preliminary plat approval shall terminate the allocation under this Subsection. (3) Built -Upon Area Limits in the Uwharrie (Lake Reese) Watershed: Uwharrie (bake Reece) is classified as a WS III water supply watershed, and development in a WS- III General Watershed Area (GWA) Overlay District shall not exceed 50% built - upon area, except as otherwise provided in this Subsection. a. Ten percent of the local jurisdiction's portion of the Uwharrie (Lake Reese) Watershed, as delineated on the adoption date of this Article (July 1, 1993), may be developed with new nonresidential development at up to 70% built -upon area. b. Allocation shall be made on a first come, first served basis. An allocation shall be assigned when a building permit for the site is issued, site plan is approved, or the preliminary subdivision plat for a development is approved. Expiration of a building permit, site plan approval, or preliminary plat approval shall terminate the allocation under this Subsection. (Ord. No. 00-49, N. 1, (§ 1),5-18-00;) 9-7-5 WATERSHED CRITICAL AREA OVERLAY DISTRICT (WCA) STANDARDS AND RESTRICTIONS (a) PROTECTION OF FRAGILE AREAS IN A WATERSHED CRITICAL AREA OVERLAY DISTRICT For the purposes of this Article, slopes greater than 15%, wetlands, and drainage areas are considered fragile areas warranting protection. (1) SIopes Greater than 15% and Wetlands: Slopes greater than 15% lying adjacent to natural drainageways, intermittent streams, perennial streams and wetlands shall remain in a natural and undisturbed condition except for road crossings, utilities, erosion control devices and runoff control devices. a. Dedication of these areas to the city as drainageway and open space may be required wherever authorized by Section 9-6-16(g) of this Ordinance or any other provision in local ordinances. b. Where such dedication is not required, a water quality conservation easement shall be recorded over such wetlands and slopes. Where a water quality conservation easement serves to bring two or more properties into compliance with the WCA requirements of this Article, the Technical Review Committee may require that the wetlands and slopes covered by such easements be held as common area by an Owners' Association. d. The natural ground cover and the natural tree canopy within a water quality conservation easement shall be preserved with the following exceptions, which 7-23 High Point Development Ordinance Chapter 7— Environmental Regulations — Soil Erosion and Sedimentation Control are permitted only after issuance of a permit by the Public Services Department (refer to Section 9-3-3(g): 1. Public utilities can be constructed and maintained by the city of High Point or its designee; 2. Soil erosion and sedimentation control structures can be constructed and maintained by the developer of the property, subject to approval of a land - disturbing permit by the Department of Engineering Services. After these structures are no longer needed, they shall be removed and the water quality conservation easement restored to a natural state; 3. Normal maintenance by mechanical means is allowed for the removal of dead, diseased, deformed, poisonous or noxious vegetation and pests harmful to health; 4. Mechanical mowing of utility areas is allowed for the purpose of controlling growth. e. Nothing in this Subsection shall supercede the surface water buffer requirements of Section 9-7-3(c) of this Article. (2) Drainage: a. Drainage within the Watershed Critical Area Overlay District shall be provided by means of open channels, unless it is determined by the Technical Review Committee that better water quality protection is provided by alternative means. b. Drainageways shall have protected channels or remain in a natural, undisturbed state, except for road crossings, utilities, erosion control devices, runoff control devices, and desirable artificial stream bank stabilization. c. No new development shall be allowed in such drainageways; except that water dependent structures and public projects such as greenways may be allowed where no practicable alternative exists. Where these activities are allowed, they shall minimize built -upon surface area and maximize the utilization of Best Management Practices (BMP's). d. Perennial and intermittent streams, lakes and ponds shall be protected as specified in Section 9-7- 3(c). (b) SPILL RISK REDUCTION (1) Prohibited Uses: The following uses shall be prohibited in a Watershed Critical Area Overlay District (WCA): 7-24 High Point Development Ordinance Chapter 7— Environmental Regulations — Soil Erosion and Sedimentation Control ;�} �ti � x k, w � " "f,rr r `�z ,�C,7 t � {j,s,iyt��]Y{� 7 f i, ;;�DESCRiPTIUN, ; "'�� ` ''" t ar , y�+ u} L "+ yv1 !.2:1�r 5.1 :' _ #� .L„i-'. x.tSl,+A.Y�}JG �. Irs?'. 1•x i. �� a SIC'INDCISTRY GRQUP: i.,,: r N MA:IOR'GROUP NZIM BER :Kt .xv r k.a. Agricultural Uses' Animal Feeder/Breeder 0210 Chemical Treatment for Crops; Fertilizer Application for Crops; Weed Control for Crop Operations; including Aerial Crop Dustin 0710, 0721 Business Professional and Personal Services Automobile Rental or Leasing 7510 Automobile Repair Services, Major 0000 Automobile Repair Services, Minor 0000 Automotive Towin4 and Storage Services 7549 Boat Re airs 3730 Car Washes 7542 Commercial Physical & Biolo ical Research 8731 Equipment Repair, Heavy, including: Agricultural Equipment Repair, Boiler Cleaning and Repair, Cesspool Cleaning 7690 Engine Repair except automotive Industrial Truck Repair, and Welding Repair Shops 7690 Farm Machine Repair 7690 Furniture Stripping or Refinishing (including secondary or accessory operations) 7641 HeayX Construction Equipment Rental & Leasing 7353 Industrial Truck Rental & Leasing 7359 Laundry or D Cleaning Plants 7211, 7216, 7217, 7218 Landscape and Horticultural Services 0780 Machinery Cleaning 7690 Motorcycle Repair Service 7690 Pest or Termite Control Services 7342 Rebabbittin 7690 Repair of Service Station Equipment 7690 Se tic Tank Services 7699 Sewer Tank Cleaning and Rodding 7690 Solvent Recovery Services 7389 Tank and Boiler Cleaning Service 7690 Tank Truck Cleaning Service 7690 Tractor Repair 7690 Truck Driving Schools 8249 Truck Tractor & Semi Rental & Leasing, Heavy 0000 Truck & Util. Trailer Rental & Leasing, Light 0000 Truck Washing 7542 Welding Repair Shops 7692 Retail Trade.Uses Convenience Stores with gasoline pum s 5411 7-25 Nigh Point Development Ordinance Chapter 7— Environmental Regulations — Soil Erosion and Sedimentation Control SICIN�DvUSTRY, GRO7�LTP`�': s2x,f. ZN�'�.�r�4'�+1� ��.i;fi' f `. A_apAcrl.. i}yM�}. Rill IM'D E..t..._..., � ,. .,_. �.: _r �.. O ROUP NU ERA; Fuel Oil Sales 5980 Motor Vehicle Sales new and usedl 5511 Motorcycle Sales 5571 Recreational Vehicle Sales 5561 Service Stations, Gasoline 5541 Truck Stops 5541 Wholesale Trade Agricultural Chemicals, Pesticides, Fertilizers 5191 Chemical and Allied Products 5169 Motor Vehicles 5012 —Nursqg Stock, Plants Potted 5193 Paints & Varnishes 5198 Petroleum & Petroleum Products 5170 Resins 5162 Scrap and Waste Materials 5093 Transportation, Warehousing, and Utilities Air Transportation Facilities 4500 Bus Terminals & Service Facilities 4100, 4170 Demolition Debris Landfills, Major 0000 Demolition Debris Landfills, Minor less than two acres 0000 Hazardous & Radioactive Waste (transportation, storage, -disposal) 4953 Petroleum Contaminated Soil 0000 —Pipelines, ex t Natural Gas 4600 Railroad Terminal Yard 40I0 Recycling Processing Centers 0000 Refuse & Raw Material Hauling 4212 Plant Sludge Application Sites 4953 Remediation Disposal Sites 0000 Solid Waste Disposal(nonhazardous)_4953 Trucking or Freight Terminals 4230, 4213 Manufacturing and Industrial Uses Animal Slaughter or Rendering 0000 Arms and Weapons 3480 Asbestos, Abrasive and Related Products 3290 Asphalt Plant 2951 Batteries 3690 Chemicals, Paints & Allied Products 2800 Concrete, Cut Stone & Clay Products 3240, 3270 Cement, Hydraulic 3241 Contractors, Heavy Construction 1600 Contractors, Special Trade 1700 Dairy Products 2020 7-26 - High Point Development Ordinance Chapter 7— Environmental Regulations — Soil Erosion and Sedimentation Control ESCRIPTION r:4 �:c:nv'rs " rat t„, } yI ? k`� E ry f SIC INDUSTRYSGR�UP� �s,,a ?MA'JORsGROCIY NiJM BERG Explosives 2892 Fats and Oils, Animal 2077 Fats and Oils, Plant 2070 Fish, Canned, Cured or Frozen 2091 Hazardous Waste Handler refer to Section 9-7-26 0000 Leather and Leather Products tannin 3110 Magnetic & Optical Recording Media 3695 Meat & Poultry, Packing & Processing no renderings) 2010 Metal Coating and Engraving 3470 Mining and Quarrying 1000 Paper Products no coating and laminating) 2670 Paper Products(coating and laminating) 2670 Petroleum and Related Products 2900 Photographic Supplies 3861 Primary Metal Products & Foundries 3300 Pulp and Paper Mills 2610 Rubber & Plastics, Misc. 3000 Rubber & Plastics, Raw 3000 Salvage Yards, Auto Parts 5015 Salvage Yards, Scrap Processing 5093 Solvent Recovery_ 7389 Surface Active A eats 2843 Textile Products no dying & finishing) 2200 Textile Products with dying & finishing) 2260 Hazardous or toxic substance generators prohibited by Section 9-7-26(b)(2) (regulations for hazardous or toxic substancegenerators) 0000 (2) Containment Structures: a. Storage tanks for fuels and chemicals and associated pumping and piping shall have a spill containment system. b. Such containment systems shall be of sufficient volume to contain 100% of all the tank(s) contents stored in the area and shall have a leak detection system installed. c. The containment system shall be approved by the Enforcement Officer and the Fire Marshall. d. Such tanks and containment structures shall not be placed closer than 1,000 feet to the normal pool elevation of the applicable reservoir. 7-27 High Point Development Ordinance Chapter 7 — Environmental Regulations — Soil Erosion and Sedimentation Control e. Such a containment system shall be a minimum of 50 feet from the property line of the facility if the area adjacent to the facility is in a zoning district other than light or heavy industrial. f. Provisions shall be made to remove stormwater without removal of the product except for mistable materials. Contaminated water may not be discharged to the sewer system without a permit or to a waterbody or to a water -course. (3) Underground Storage Tanks: In a Watershed Critical Area Overlay District, underground storage tanks for fuels and chemicals shall not be permitted except for the replacement of existing tanks. (4) Point Source Discharges: a. No expansion of any existing private wastewater facilities or establishment of any new public or private wastewater treatment plants of any kind shall be permitted in WCA districts. b. Industrial pre-treatment facilities that prepare wastewater for discharge into a public sewer system shall be permitted in WCA districts. (c) DENSITY SHIFTING The location of development on soils and terrain most suited to protecting the water quality of water supply reservoirs is encouraged in the WCA by density shifting. The overall density of a development utilizing density shifting shall meet the applicable WCA density and stormwater control requirements, except as modified by this Subsection. Built -upon areas within such developments shall be designed and sited to minimize stormwater runoff impact to the receiving waters, and the remainder of the tract should remain in an undisturbed or natural state. Density shifting is utilized in developments having lot sizes in accordance with the minimum area permitted by the underlying zoning district or in approved cluster developments. Through density shifting, developments may increase the maximum permitted residential densities otherwise established in this Article if the development rights attached to acreage located within a tier are transferred within the same property to an adjacent tier located farther from the water supply reservoir. Such transfer shall permit an additional number of dwelling units in the receiving tier. This addition is calculated by adding the density. or dwelling units transferred from the adjacent tier to the density or dwelling units permitted in the receiving tier. The dwelling units permitted by acreage transfer from an adjacent tier shall be in addition to the number of dwelling units otherwise permitted in the receiving tier, but in no case shall the density allowed by the underlying zoning district be exceeded. 7-28 i High Point Development Ordinance Chapter 7— Environmental Regulations — Soil Erosion and Sedimentation Control i A 4 (d) PUBLIC SANITARY SEWER REQUIRED All new development in a Watershed Critical Area Overlay District shall be served by public sanitary sewer except development in the Randleman Lake Watershed Critical Area Overlay District under the low density option. 9-7-9 INDIVIDUAL WATER SUPPLY WATERSHEDS (a) OAK HOLLOW LAKE (1) General Watershed Area GWA Built -Upon Area Limits: Development in Oak Hollow Lake General Watershed Area (GWA) Overlay District shall not exceed 70% built -upon area. (2) Watershed Critical Area (WCA) Density and Built -Upon Area Limits: Density and built -upon area in the Oak Hollow WCA shall be as follows: a. Tier 1: None, except for public water dependent structures. b. Tier 2: 1 dwelling unit per acre. C. Tier 3: 2 dwelling units per acre or 35% built -upon area. d. Tier 4. 2 dwelling units per acre or 50% built -upon area. (b) CITY LAKE (1) General Watershed Area GWA Built -Upon Area Limits: Development in City Lake General Watershed Area (GWA) Overlay District shall not exceed 70% built - upon area. (2) Watershed Critical Area WCA Density and Built-Ul2on Area Limits: Density and built -upon area in the City Lake WCA shall be as follows: a. Tier I : None, except for public water dependent structures. b. Tier 2: 1 dwelling unit per acre. c. Tier 3: 2 dwelling units per acre or 35% built -upon area. d. Tier 4, 2 dwelling units per acre or 50% built -upon area. 7-29 High Point Development Ordinance Chapter 7— Environmental Regulations — Soil Erasion and Sedimentation Control (C} OAKDALE RESERVOIR (1) General Watershed Area (GWA) Built -Upon Area Limits: Development in Oakdale Reservoir General Watershed Area (GWA) Overlay District shall not exceed 70% built -upon area. (2) Watershed Critical Area (WCA) Density and Built -Upon Area Limits: Density and Built -Upon Area in Oakdale Reservoir WCA shall be as follows: a. Tier 1: None, except for public water dependent structures. b. Tier 2: 1 dwelling unit per acre. c. Tier 3: 2 dwelling units per acre or 35% built -upon area. d. Tier 4: Oakdale Reservoir does not have a Tier 4. (d) RANDLEMAN RESERVOIR (1) General Watershed Area GWA Built -Upon Area Limits: Development in the Randleman Lake General Watershed Area (GWA) Overlay District shall not exceed 50% built -upon area, except as otherwise provided in this Subsection. a. In the Randleman Lake Downtown Area, as shown on the High Point Watershed Map, development shall not exceed 90% built -upon area. In the Randleman Lake Credit Area, which is in the Deep River I subbasin as shown on the High Point Watershed Map, nonresidential development shall not exceed 70% on parcels totaling a maximum of 2,357 acres. b. Allocation shall be made on a first come, first served basis. An allocation shall be assigned when a building permit for the site is issued, site plan is approved, or the preliminary subdivision plat for a development is approved. Expiration of a building permit, site plan approval, or preliminary plat approval shall terminate the allocation under this Subsection. (2) Watershed Critical Area (WCA) Density and Built -Upon Area Limits: Density and built -upon area in the Randleman Lake WCA shall be as follows: a. Tier 1: None, except for public water dependent structures. b. Tier 2: 1 dwelling unit per 5 acres or 2.5% built -upon area. c. Tier 3: 1 dwelling unit per 3 acres or 4% built -upon area, except 30% built -upon area using the High Density Option as provided for in Subsection 9-7-9(d)(3): d. Tier 4: 1 dwelling unit per acre or 12% built -upon area, except 40% built -upon area using the High Density Option as provided for in Subsection 9-7-9(d)(3). 7-30 High Point Development Ordinance Chapter 7 — Environmental Regulations — Soil Erosion and Sedimentation Control (3) Watershed Critical Area (WCA) High Density Option: Built -upon area in the Randleman Lake WCA may be increased in the following subbasins using the high density option. a. In Tier 3 of the Richland Creek subbasin, a total of 255 acres may be developed with nonresidential development under the high density option at 30% built - upon area. In the Business 85/Riverdale Road subbasin, a total of 482 acres may be developed with nonresidential development under the high density option at 30% built -upon area in Tier 3 and 40% built -upon area in Tier 4. However, of that total 482 acres in the Business 85/Riverdale Road subbasin, only a maximum of 284 acres shall be developed in Tier 3. b. Allocation shall be made on a first come, first served basis. An allocation shall be assigned when a building permit for the site is issued, site plan is approved, or the preliminary subdivision plat for a development is approved. Expiration of a building permit, site plan approval, or preliminary plat approval shall terminate the allocation under this Subsection. (e) UWHARRIE (LAKE REECE) Built -Upon Area Limits in the Uwharrie (Lake Reese) Watershed: Development in a WS- III General Watershed Area (GWA) Overlay District shall not exceed 50% built -upon area, except as otherwise provided in this Subsection. (1) Ten percent of the local jurisdiction's portion of the Uwharrie (Lake Reese) Watershed, as delineated on the adoption date of this Article (July I, 1993), may be developed with new nonresidential development at up to 70% built -upon area. (2) Allocation shall be made on a first come, first served basis. An allocation shall be assigned when a building permit for the site is issued, site plan is approved, or the preliminary subdivision plat for a development is approved. Expiration of a building permit, site plan approval, or preliminary plat approval shall terminate the allocation under this Subsection. 9-7-10 WATERSHED ACCOUNTING (a) RANDLEMAN LAKE GWA BUILT -UPON AREA LIMITS The Enforcement Officer shall keep records on the city's use of the provision allowing land in the Randleman Lake GWA to be developed with a maximum of 70% built -upon area. Records for the watershed shall include the total area of the GWA, total acres eligible to be developed under this provision, total acres approved for development under this provision, and individual records for each project with the following information: location, number of developed acres, type of land use and stormwater management plan. High Point Development Ordinance Chapter 7— Environmental Regulations — Soil Erosion and Sedimentation Control (b) RANDLEMAN LAKE WCA BUILT -UPON AREA LIMITS The Enforcement Officer shall keep records on the city's use of the provision allowing land in the Richland Creek subbasin and the Business 85 Riverdale Road subbasin of the Randleman Lake WCA to be developed with a maximum of 30% built -upon area in Tier 3 and 40% built -upon area in Tier 4. High density nonresidential development shall be limited in the WCA to these two subbasins of the Randleman Lake Watershed, as shown on the High Point Watershed Map. Records for the watershed shall include the total area of the WCA, total area of Tiers 3 and 4 of the WCA within the two subbasins, total acres eligible to be developed in Tiers 3 and 4 under this provision, total acres approved for development under this provision, and individual records for each project with the following information: location, number of developed acres, type of land use and stormwater management plan. (C) 10/70 PROVISION The Enforcement Officer shall keep records on the city's use of the provision allowing a maximum of 10% of the GWA of the Uwharrie (Lake Reese) Watershed to be developed with a maximum of 70% built -upon area. Records for the watershed shall include the total area of the watershed's GWA, total acres eligible to be developed under this provision, total acres approved for development under this provision, and individual records for each project with the following information: location, number of developed acres, type of land use and stormwater management plan. Development under this provision requires engineered stormwater controls. (d) WATERSIIED VARIANCES The Enforcement Officer shall keep a record of all watershed variances. This record shall be submitted for each calendar year to the North Carolina Division of Water Quality on or before January I of the following year and shall provide a description of each project receiving a variance and the reasons for granting the variances. 7-32 iligh Point Development Ordinance Chapter 7 — Environmental Regulations - Hazardous and Toxic Substances ARTICLE F CITY TREE CONSERVATION 9-7-31 APPLICABILITY (a) JURISDICTION The requirements of this Article shall apply only to city owned or controlled property, which is property owned or leased by the City of High Point or is property that the city controls through public rights -of -way and easements for public purposes, such as streets, the construction and maintenance of public utilities, the provision of pedestrian access across private land, the development and maintenance of greenways and open space, or the protection of water quality. (b) RIGHTS OF CITY The City of High Point and the Urban Forestry Committee, as an agent of the city, has the inherent right to plant, prune, maintain and remove any tree, plant or shrub on city owned or controlled property as deemed necessary to ensure the public health and safety, to preserve and enhance the symmetry and beauty of public property, or to protect public improvements and utilities. 9-7-32 TREE MAINTENANCE AND PROTECTION (a) TREE TOPPING It is a violation of this Ordinance for any person, firm, organization or city department, including any utility, to top any tree on city owned or controlled property without prior approval of the Urban Forestry Committee, as this activity weakens future tree growth and severely impacts the long-term health of the tree. Topping is defined as the severe pruning of tree limbs larger than three inches in diameter within the tree's crown to such a degree as to remove the normal canopy or disfigure the tree. Approval for topping trees shall be granted only in cases where trees have been severely damaged by storms or other natural causes or where the Urban Forestry Committee deems other pruning practices impractical, such as the pruning of trees directly under overhead utility lines. (b) REMOVAL OF DAMAGED OR INFESTED TREES The Urban Forestry Committee may cause to be removed any tree or part thereof which is in an unsafe condition, significantly damaged due to severe weather or other natural conditions, or is infested with any disease, injurious fungus, insect or other pest. 7-65 High Point Development Ordinance Chapter 7 — Environmental Regulations - Hazardous and Toxic Substances W UNAUTHORIZED REMOVAL OR DAMAGE It shall be a violation of this Ordinance for any person to remove any tree on city owned or controlled property without prior approval, or to attach any rope, wire, nail, or sign to any tree, or to apply any liquid or solid substance to any tree that is harmful and could damage or destroy the tree. Furthermore, it shall be a violation of this Ordinance to deposit, place, store or maintain on city owned or controlled property any stone, brick, sand, concrete or other impervious materials which may impede the free passage of water, air, or fertilizer to the roots of any tree growing therein. (d) PROTECTION DURING CONSTRUCTION Trees on city owned or controlled property shall be protected during any construction or excavation on city property or on adjoining private property. Protection measures, as specified in the City's standards and practices for tree conservation and maintenance, shall be taken to protect such trees. 9-7-33 TREE PLANTING, PRUNING AND REMOVAL (a) PRIOR AUTHORIZATION REQUIRED Persons, firms, organizations or city departments that wish to plant, prune or remove trees on city owned or controlled property shall first secure authorization prior to such requested action. The Urban Forestry Committee shall review the request to ensure that the intended activities meet the expectations of the urban forestry program and are consistent with the City's adopted standards and practices for tree conservation and maintenance. If the Urban Forestry Committee does not approve the request, the reason(s) for such action shall be provided in writing to the applicant. (b) EXEMPTIONS Public and private utilities (water, sewer, electrical, gas, telecommunications, cable, etc.) that maintain infrastructure in public rights -of -way or in dedicated utility easements on city owned or controlled property shall be exempt from obtaining prior approval for the pruning or removal of trees in such rights -of -way and easements. In addition, city departments shall be exempt from obtaining approval for the pruning of trees that restrict traffic visibility, pedestrian activity and other similar public safety matters. The Committee may allow other exemptions to the authorization requirement provided such exemptions are specified in the City's adopted guidelines and standards, and such exemptions are deemed by the Committee to be necessary and practical for ensuring the public health, safety and general welfare. Nonetheless, those entities with allowed exemptions shall ensure that such tree pruning and removal is consistent with the City's adopted standards and practices for tree conservation and maintenance. 7-66 High Point Development Ordinance Chapter 7 — Environmental Regulations - Hazardous and Toxic Substances (c) WAIVER The Urban Forestry Committee shall provide a waiver to the authorization requirement for the pruning or removal of trees on city owned or controlled property when there is significant tree damage resulting from severe weather, fire or other emergency conditions and where immediate removal of such tree(s) is necessary to protect the health and safety of the public, restore order, or remove obstructions blocking access to streets and property. The Committee shall provide for such waiver in the City's adopted standards and practices for tree conservation and maintenance, and such waivers shall be implemented for a specified period of time or for specified emergency situations as stated in the City's standards and practices. The Committee may allow waivers to the authorization requirement for other situations, provided such waivers are specified in the City's adopted guidelines and standards and such waivers are deemed by the Committee to be necessary and practical for ensuring the public health, safety and general welfare. 9-7-34 GUIDELINES AND STANDARDS FOR TREE PLANTING, PRUNING AND REMOVAL To implement the requirements of this Article, the Urban Forestry Committee shall develop, adopt and maintain guidelines and specifications for tree plantings, and standards and practices for tree conservation and maintenance. Such guidelines and standards shall, at a minimum, include provisions concerning permits, plantings, spacing, care, maintenance and removal. All tree planting, pruning and removal on city owned or controlled property shall be consistent with the City's guidelines and standards. 9-7-35 APPEALS Any person aggrieved thereby or by any officer, department, board or commission of the city may take an appeal from any decision of the Urban Forestry Committee. Any appeal from the Urban Forestry Committee shall be taken within thirty (30) days from the rendering of the decision by filing with the Urban Forestry Committee and the City Council a notice of appeal. 9-7-36 THROUGH 9-7-40 (RESERVED) (Ord. No. 04-76 Pt. 2, (§t), 10-21-04 High Point Development Ordinance Chapter 8 - Enforcement CHAPTER 8 ENFORCEMENT 9-8-1 VIOLATIONS Any of the following shall be a violation of this Ordinance and shall be subject to the enforcement remedies and penalties provided by this Chapter and by state law. (a) DEVELOPMENT WITHOUT PERMIT To engage in any development, use, construction, remodeling or other activity of any nature upon land or improvements thereon subject to the jurisdiction of this Ordinance without all required permits, certificates, or other forms of authorization as set forth in this Ordinance. (b) DEVELOPMENT INCONSISTENT WITH PERMIT To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with any approved plan, permit, certificate, or other form of authorization granted for such activity. (C) VIOLATION BY ACT OR OMISSION To violate, by act or omission, any term, variance modification, condition, or qualification placed by City Council or its agent boards upon any required permit, certificate, or other form of authorization for the use, development, or other activity upon land or improvements thereon. (d) USE IN VIOLATION To erect, construct, reconstruct, alter, repair, convert, maintain, or use any building or structure or to use any land in violation or contravention of this Ordinance or any other regulation made under the authority conferred thereby. (e) SUBDIVIDE IN VIOLATION To subdivide land in violation of this Ordinance or transfer or sell land by reference to, exhibition of, or any other use of a plat or map showing a subdivision of the land before the plat or map has been properly approved under this Ordinance and recorded in the Office of the County Register of Deeds. The description by metes and bounds in the 8-1 High Point Development Ordrnance Chapter 8 - Enforcement instrument of transfer or other document used in the process of selling or transferring land does not exempt the transaction from violation of this Ordinance. (I) CONTINUE A VIOLATION To continue any of the above violations is a separate and distinct offense. 9-8-2 INSPECTIONS AND INVESTIGATIONS (a) GENERAL (1) Inspections: The Enforcement Officer shall have the right upon presentation of proper credentials, or inspection warrant if necessary, to enter on any premises within the jurisdiction at any reasonable hour for the purposes of inspection, determination of plan compliance, or other enforcement action. (2) Investigations: The Enforcement Officer shall have the power to conduct such investigations as he may reasonably deem necessary to carry out his duties as prescribed in this Ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any complaints or alleged violations of this Ordinance. (3) Supporting Documentation: The Enforcement Officer shall have the power to require written statements, certificates, certifications, or the filing of reports with respect to pertinent questions relating to complaints or alleged violations of this Ordinance. (b) SOIL EROSION AND SEDIMENTATION CONTROL (1) Inspections: The Enforcement Officer will periodically inspect the sites of land - disturbing activity to determine compliance with the Act, this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance, and to determine whether the activity is being conducted in accordance with an approved plan and 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 notification of plan approval. (2) Investigations: 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, and for this purpgse to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any land -disturbing activity. No person shall refuse entry or access to any authorized representative or agent of the City who requests entry for purposes of inspection and who presents appropriate credentials, nor shall any person obstruct, hamper, or 8-2 High Point Development Ordinance Chapter 8 - Enforcement interfere with any such representative while in the process of carrying out his official duties. (3) Supporting Documentation: The City shall also have the power to require written statements, or the fling of reports under oath, with respect to pertinent questions relating to land -disturbing activity. (4) Property Owner Responsible: Failure of the Enforcement Officer to observe or recognize conditions which violate the intent and purpose of this Ordinance, or to deny the issuance of a land -disturbing permit, shall not relieve the property owner from responsibility for the condition or damages resulting therefrom and shall not result in the City, its officers, or agents being responsible for conditions or damages resulting therefrom. 9-8-3 ENFORCEMENT PROCEDURE When the Enforcement Officer or his agent finds a violation of this Ordinance, it shall be his duty to notify the owner or occupant of the land, building, structure, sign, or use of the violation. The owner or occupant shall immediately remedy the violation. (a) NOTICE OF VIOLATION If the owner or occupant of the land, building, structure, sign, or use in violation fails to take prompt corrective action, the Enforcement Officer shall give the owner or occupant written notice (by certified or registered mail to his last known address, by personal service, or by posting notice conspicuously on the property) of the following: (1) that the land, building, structure, sign, or use is in violation of this Ordinance; (2) the nature of the violation, and citation of the Section(s) of this Ordinance violated; and (3) the measures necessary to remedy the violation. (b) APPEAL Any owner or occupant who has received a Notice of Violation may appeal in writing the decision of the Enforcement Officer to the Board of Adjustment (unless this Ordinance has specified that another board shall hear the appeal of the violation) within fifteen (15) days following the date of the Notice of Violation. The Board of Adjustment, or other designated board, shall hear an appeal within a reasonable time, and it may affirm, modify, or revoke the Notice of Violation. in the absence of an appeal, the decision of the Enforcement Officer shall be final. 8-3 High Point Development Ordinance Chapter 8 - Enforcement (e) NOTICE OF DECISION The decision of -the Board of Adjustment may be delivered to the aggrieved party either by personal service or by registered mail or certified mail return receipt requested. (d) FAILURE TO COMPLY WITH ORDER If the owner or occupant of a property fails to comply with a Notice of Violation from which no appeal has been taken, or a final decision by the Board of Adjustment following an appeal, the owner or occupant shall be subject to such remedies and penalties as may be provided for by state Iaw or by Section 9-8-4 (Remedies). 9-8-4 REMEDIES Any or all of the following procedures may be used to enforce the provisions of this Ordinance. (a) INJUNCTION Any violation of this Ordinance or of any condition, order, requirement, or remedy adopted pursuant hereto maybe restrained, corrected, abated, mandated, or enjoined by other appropriate proceeding pursuant to state law. (b) CIVILPENALTIES Any person who violates any provision of this Ordinance shall be subject to the assessment of a civil penalty under the procedures provided in Section 9-8-5 (Civil Penalties - Assessments and Procedures). (C) DENIAL OF PERMIT OR CERTIFICATE The Enforcement Officer may withhold or deny any permit, certificate, or other authorization on any land, building, structure, sign, or use in which there is an uncorrected violation of a provision of this Ordinance, or of a condition or qualification of a permit, certificate, or other authorization previously granted. (d) CONDITIONAL PERMIT OR TEMPORARY CERTIFICATE The Enforcement Officer shall condition the authorization of any permit or certificate upon the correction of the deficiency, payment of civil penalties within a specified time, or the posting of a compliance security approved by appropriate governmental authority. 8-4 High Point Development Ordinance Chapter 8 - Enforcement (e) STOP WORK ORDERS Whenever a building, structure, sign, or part thereof is being constructed, reconstructed, altered, or repaired in violation of this Ordinance, the Enforcement Officer may order the work to be immediately stopped. The stop work order shall be in writing and directed to the owner, occupant, or person doing the work. The stop work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed. Such action shall be in accordance with NCGS 160A-421 or the NC Building Code. Whenever there is a continuing soil erosion and sedimentation control violation of Section 9-7-11 of this Ordinance, the Enforcement Officer may order the work to be immediately stopped. The stop work order shall be in writing and directed to the owner, occupant, or person doing the work. The stop work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed. Any sureties or improvement guarantees (cash, irrevocable letter of credit, bond, or equivalent surety) provided for the project may be used to stabilize the land -disturbance with ground cover in accordance with Section 9-3-9(a)(I)b.2. of this Ordinance. M REVOCATION OF PERMITS The Enforcement Officer may revoke and require the return of a permit by notifying the permit holder in writing stating the reason for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, or specifications; refusal or failure to comply with the requirements of state or local laws; or for false statements or misrepresentations made in securing the permit. Any permit mistakenly issued in violation of an applicable state or local law may also be revoked. (g) CRIMINAL PENALTIES Any violation of this Ordinance with the exception of Section 9-8-7 (Criminal Penalty — Soil Erosion and Sedimentation Control), shall be a misdemeanor or infraction as provided by NCGS 14-4, subject to a maximum fine of five hundred dollars ($500). (Ord. No, 93-113, Pt. 1(§ 1), 12-13-93; Ord. No. 0049, Pt. 6, (§ 1), 6-I-00; Ord. No. 01-10, Pt. 2 (§ 1), 12-21-00; Qev. Ord. 05-101, Pt 14 & 15, §1, 12-22- 05) 8-5 Nigh Point Development Ordinance Chapter 8 - Enforcement . 9-8-5 CIVIL PENALTIES - ASSESSMENT AND PROCEDURES (a) RESPONSIBLE PARTIES The owner or occupant of any land, building, structure, sign, use of land, or part thereof, and any architect, builder, contractor, agent, or other person who participates or acts in concert, assists, directs, creates, or maintains any condition that is in violation of this Ordinance may be held responsible for the violation and subject to the civil penalties and remedies provided herein. (ib) NOTICE No penalty shall be assessed until the person alleged to be in violation has been notified of the violation by registered or certified mail, return receipt requested, or other means reasonably calculated to give actual notice. The notice shall describe the violation with reasonable particularity, set forth the measures necessary to achieve compliance with the plan, specify a reasonable time period within which the violation must be corrected, and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action. 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 receipt of the notice of violation. However, no time period for compliance need be given for failure to submit a soil erosion and sedimentation 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. (C) CONTINUING VIOLATION For each day the violation is not corrected, the violator will be guilty of an additional and separate offense and subject to additional civil penalty. (d) PENALTIES Any person who violates any provision of this Ordinance shall be subject to assessment of a civil penalty in the amount of $25.00 for the first violation, $50.00 for the second violation, $100.00 for the third violation, and $200.00 for the fourth and each succeeding violation. (See Section 9-8-6 for Erosion Control Penalties) 8-6 High Point Development Ordinance Chapter S - F,nforcement (e) DEMAND FOR PAYMENT The Enforcement Officer shall make written demand for payment upon the owner or the person in violation and shall set forth in detail a description of the violation for which the civil penalty has been imposed. 0) NONPAYMENT If payment is not received or equitable settlement reached within thirty (30) days after demand for payment is made, the matter shall be referred to legal counsel to institute a civil action for recovery of the civil penalty. Moreover, if the civil penalty is not paid within the time prescribed, the Enforcement Officer may have a criminal summons or warrant issued against the violator. Upon conviction, the violator shall be subject to any criminal penalty the court may impose pursuant to NCGS 14-4. (Ord. No. 93-113, Pt. 1(§ 1), 12-13-93: Dev. Ord. 05-101. Pt. IG, §1, 12-22-05) 9-8-6 CIVIL PENALTIES - SOIL EROSION AND SEDIMENTATION CONTROL (a) GENERAL Any person who violates any provision of Chapter 7, Article B (Soil Erosion and Sedimentation Control), the Act, rule or order adopted or issued pursuant to this Ordinance, or who initiates or continues a land -disturbing activity (a soil erosion and sedimentation control plan is required) not in accordance with the terms, conditions, and provisions of an approved soil erosion and sedimentation control plan, shall be subject to a civil penalty. A civil penalty may be assessed from the date of the violation. The maximum civil penalty for a violation is five thousand dollars ($5,000). Each day of a continuing violation shall constitute a separate violation. (b) NOTICE OF VIOLATION If the Enforcement Officer determines that the person engaged in the land -disturbing activity has failed to comply with any provisions of Chapter 7, Article B, (Soil Erosion and Sedimentation Control), the Enforcement Officer shall serve a Notice of Violation upon that person. No penalty shall be assessed until the person alleged to be in violation has been notified of the violation by registered or certified mail, return receipt requested, or other means reasonably calculated to give actual notice. The notice shall describe the violation with reasonable particularity, set forth the measures necessary to achieve compliance with the plan, specify a reasonable time period within which the violation must be corrected, and warn that failure to correct the violation within the time period 8-7 Nigh Point Development Ordinance Chapter 8 - Enforcement will result in the assessment of a civil penalty or other enforcement action. However, no time period for compliance need be given for failure to submit a soil erosion and sedimentation control plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties. A civil penalty may be assessed from the date of the violation. Each day of continuing violation shall constitute a separate violation. Any, person who fails to comply within the time specified, is subject to additional civil and criminal penalties for a continuing violation. (C) SPECIFIC CIVIL PENALTIES Civil penalties for specific violations of Chapter 7, Article B (Soil Erosion and Sedimentation Control) shall be assessed as follows: (1) Grading_ Without Permit: Five thousand dollars ($5000) per day for failure to secure a valid land -disturbing permit prior to conducting a land -disturbing activity for which a soil erosion and sedimentation control plan is required. (2) Failure to Protect: $500 per day for failure to take all reasonable measures to protect public property or private property, including lakes and/or natural watercourses, from damage caused by land -disturbing activities. (3) Failure to Follow Plan: $300 per day for failure to conduct a land -disturbing activity in accordance with the provisions of an approved soil erosion and sedimentation control plan. (4) Failure to Install Devices: $500 per day for failure, when more than one acre is disturbed ($250 per day when less than one acre is disturbed), to install erosion and sedimentation control devices sufficient to retain the sediment generated by the land -disturbing activity within the boundaries of the tract(s) and prevent off site sedimentation. (5) Failure to Maintain Measures: $300 per day for failure to maintain satisfactory soil erosion and sedimentation control measures, structures and/or devices on the site that are designed to provide protection from the calculated maximum peak rate of runoff from the ten-year storm. (6) Failure to Maintain Temporary Measures: $250 per day for failure to maintain temporary soil erosion and sedimentation control measures and facilities during the development of the site. (7) Failure to Maintain Slopes: $250 per day for failure on graded slopes and fills to maintain an angle sufficient to retain vegetative cover or other adequate soil erosion and sedimentation control devices or structures. 8-8 High Point Development Ordinance Chapter 8 - Enforcement (8) Failure to Cover Slopes: $250 per day for failure, within thirty (30) days of completion of any phase of grading, to plant or otherwise provide exposed, graded slopes or fills with ground cover, devices, or structures sufficient to restrain erosion. (9) Failure to Plant Cover: $250 per day for failure on a tract when more than one acre is disturbed, to plant or otherwise provide ground cover sufficient to restrain erosion within fifteen (15) working days or sixty (60) calendar days, whichever is the shorter, following completion of construction or development. (10) Failure to Revise Flan: $250 per day for failure to file an acceptable, revised soil erosion and sedimentation control plan after being notified of the need to do so. (11) Failure to Maintain Buffer: $250 per day for failure to retain a buffer zone of sufficient width along a lake or natural watercourse to confine visible siltation within the twenty-five percent (25%) of the buffer zone nearest the land -disturbing activity. (12) Interference with Official Duties: $500 per day for obstructing, hampering, or interfering with any authorized agent of the City or the Sedimentation Control Commission while in the process of carrying out his official duties. (13) Failure to Restore Areas for Non-compliance: The Enforcement Officer 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. (d) NOTICE OF ASSESSMENT The Enforcement Officer shall determine the amount of the civil penalty to be assessed under this subsection, shall make written demand for payment upon the person in violation, and shall set forth in detail a description of the violation for which the penalty has been imposed. In determining the amount of the penalty, the Enforcement Officer shall consider the degree and extent of harm caused by the violation and the cost of rectifying the damage. Notice of the assessment shall be by registered or certified mail or other means reasonably calculated to give actual notice. If payment is not received or equitable settlement reached within thirty (30) days after demand for payment is made, the matter shall be referred to the city attorney for institution of a civil action in the appropriate division of the General Courts of Justice for recovery of the penalty. Such civil actions must be filed within three (3) years of the date the final decision was served on the violator. 8-9 High Pain! Development Ordinance Chapter 8 - Enforcement (e) APPEALS An appeal of the Enforcement Officer's assessment may be taken to the City Council. Such appeal shall be filed in writing with the Enforcement Officer not more than fifteen (15) days after such receipt of written notice. The Enforcement Officer shall forthwith transmit to the Council all records upon which the action appealed from was taken. The Council shall hold a hearing thereon and render a final decision on the penalty. (#� CIVIL PENALTY USE Civil penalties collected for erosion and sedimentation control violations shall be used or disbursed as directed by NCGS I I3A-64(a) (Ord. No. 93-113, Pt. 1(§ 1), 12-13-93; Ord. No. 0049, Pt. 6, (§ 1), 6-1-00; Dev, Ord. 05-101, Pc, 17, §1, 12-22-05) 9-8-7 CRIMINAL PENALTY - SOIL EROSION AND SEDIMENTATION CONTROL Any person who knowingly or willfully violates any soil erosion and sedimentation control provision of this Ordinance, or rule or order adopted or issued pursuant to the soil erosion and sedimentation control provisions, or who knowingly or willfully initiates or continues a land -disturbing activity for which a soil erosion and sedimentation control plan is required, except in accordance with the terms, conditions, and provisions of an approved plan, shall be guilty of a misdemeanor punishable by imprisonment not to exceed ninety (90) days, or by a fine not to exceed $5,000, or both. 9-8-8 INJUNCTIVE RELIEF - SOIL EROSION AND SEDIMENTATION CONTROL Whenever the City Council 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 soil erosion and sedimentation 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 the appropriate County. Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or judgments as are necessary to abate the violation or to prevent the threatened violation. The institution of an action for injunctive relief under this Section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of this Ordinance. 9-8-9 OTHER POWERS AND ACTIONS (a) STATE AND COMMON LAW REMEDIES In addition to other enforcement provisions contained in this Chapter, the City Council may exercise any and all enforcement powers granted to it by state law or common law. 8-10 High Point Development Ordinance Chapter 8 - Enforcement (b) PREVIOUS ENFORCEMENT Nothing in this Ordinance shall prohibit the continuation of previous enforcement actions. 9-8-10 REMEDIES -CUMULATIVE AND CONTINUOUS (a) CUMULATIVE VIOLATIONS All such remedies provided herein shall be cumulative. To the extent that North Carolina law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation. (b) REPEAT VIOLATIONS If an owner or occupant repeats the same violation within a two (2) year period from the date of the initial violation, it shall be considered to be a continuation of the initial violation and shall be subject to additional penalties and remedies. (Ord. No. 04-40, Pt. 7, (§ 1), 5-03-04) 8-1 1 0 '.0 State of North Carolina Department of Environment & Natural Resources Division of Water Quality 'OFFIC'US&ONLY',':'-' Date Rec'd 3-1-0-1 Fee Paid i 41 " . u l- Permit Number pc-,, -on 4y'L1 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 (5WU-268) are both required for the application package to be considered a complete application submittal. Inco to application submittals may be returned to the applicant. I. APPLICANT STATUS INFORMATION a. Name of Public Entity City of High Point ,�j .qp SeekingPermit Coverage b. Ownership Status (federal, Local state or local $N,p c. Type of Public Entity (city, town, county, prison, school, City etc.)y�y d. Federal Standard Industrial Classification Code SIC 91 - 97 e. County(s) Guilford, Randolph, Forsyth, and Davidson f. Jurisdictional Area (square 51.45 sq. mi. miles) g. Population Permanent 85,839 Seasonal (if available) N/A h. Ten-year Growth Rate 2 4 i. Located on Indian Lands? No II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area miles 51.4S sq. mi. _(square b. River Basin(s) Gape Fear, Yadkin-PeeDee c. Number of Primary Receiving Streams 194 d. Estimated rcenta e of junsdIctlonal area containing the followin four land use activities: • Residential 55 % • Commercial 10 % • Industrial 24 % • Open Space 11 % Total = 100% e. Are there significant water quality issues listed in the attached application report? Yes �Go� SWU-264-103102 Page 1 0 0, i NPDES RPE Stormwater Permit Application O • • III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy No b. Local Water Supply Watershed Program Yes c. Delegated Erosion and Sediment Control Program 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 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 Yes ❑ No with another Phase II entity? d. If so, provide the name(s) of the entity: e. Have legal agreements been finalized between the co- ❑ Yes ❑ No ermittees? 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? No b. If yes, identify each entity and the element they will be implementing • Name of Entity • Element they will implement • Contact Person • Contact Address • Contact Telephone Number c. Are legal agreements in place to establish responsibilities? ❑ Yes ❑ 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 N/A has been delegated b. Title/position of person above J c. Documentation of board action delegating permit authority to this person/position must be provided in the attached application report. _ v N 5WU-264-103102 aF Page 2 NPDES RPE Stormwater Permit Application VII. SIGNING OFFICIAL'S STATEMENT OPlease 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. DI • 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. Eased 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 Strib Boynton Title City Manager Street Address 211 South Hamilton Street PO Box 230 City High Point State NC Zip 27261 Telephone (336) 883-3289 Fax (336)883-3052 E-Mail strib.boynton@ci.high-point.nc.us 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 Derrick Boone b. Title Stormwater Superintendent c. Street Address 211 South Hamilton Street d. PO Box 230 e. City High Point f. State NC g. Zip 27261 h. Telephone Number (336) 883-3215 i. Fax Number (336) 883-1675 j. E-Mail Address derrick.boone@ci.high-point.nc.us SWU-264-103102 Page 3 NPDES RPE Stormwater Permit Application D1 U 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 VIII. If further space needed, attach additional sheets. a. RCRA Hazardous Waste N/A Management Program N/A b. UIC program under SDWA 1) Eastside Wastewater Treatment Plant NPDES Permit NCO024210 Contact: Steve Price (see Appendix 1) 2) Westside Wastewater Treatment Plant c. NPDES Wastewater Discharge NPDES Permit NCO024228 Permit Number Contact: Tim Fitzgerald (see Appendix 1) 3) Ward Filtration Plant NPDES Permit NCO081256 Contact: Wendell Pickett (see Appendix 1) See Appendix 1 d. Prevention of Significant N/A Deterioration (PSD) Program N/A e. Non Attainment Program f. National Emission Standards for N/A Hazardous Pollutants (NESHAPS) reconstruction approval g. Ocean dumping permits under the N/A Marine Protection Research and Sanctuaries Act h. Dredge or fill permits under N/A section 404 of CWA SWU-264-103102 Page 4 NPDES RPE Stormwater Permit Application X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT 40 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 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. e TABLE OF CONTENTS STORM SEWER SYSTEM INFORMATION 1.1. Population Served 1.2. Growth Rate 1.3. Jurisdictional and MS4 Service Areas 1.4. MS4 Conveyance System I.S. Land Use Composition Estimates 1.6. Estimate Methodology 1.7. 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 U s to State of North Carolina Department of Environment & Natural Resources Division of Water Quality 2' ,,!'' ;'i OFFIC"USE:.ONL-Y,,. Date Rec'd Fee Paid Permit Number CITY OF HIGH POINT STORMWATER MANAGEMENT PROGRAM REPORT 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 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 TABLE OF CONTENTS (PAGE 1-2) (PAGE 3) (PAGE 4) (PAGE 5) S. CO -PERMITTING INFORMATION (if applicable) (PAGE 6) 5.1. Co-Permittees 5.2. Legal Agreements 5.3. Responsible Parties 6. RELIANCE ON OTHER GOVERNMENT ENTITY (PAGE 7) 6.1. Name of Entity 6.2. Measure Implemented 6.3. Contact Information 6.4. Legal Agreements STORMWATER MANAGEMENT PROGRAM (PAGE 8-28) 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 Appendix I Eastside Wastewater Treatment Plant -NPDES Permit -Stormwater Permit Westside Wastewater Treatment Plant -NPDES Permit -Stormwater Permit Ward Water Filtration Plant -NPDES Permit Appendix II -City of High Point Stormwater Management Improvement Program Appendix III -Primary Stream List Appendix IV -Responsible Party Contact List Appendix V -Notice of Public Hearing -Affidavit of Publication -Executive Summary of Stormwater Utility Committee Report Appendix VI -Chapter 7- Environmental Regulations — City of High Point Development Ordinance 0 NPDES RPE Stormwater Permit Application 1. STORM SEWER SYSTEM INFORMATION 10 1.1 Population Served: Population: 85,839 Permanent: 85,839 Basis of Population statistic: 2000 census Seasonal: NIA Method used to create seasonal estimates: NIA 1.2 Growth Rate: 2.4 % 1.3 Jurisdictional and MS4 Service Area: 51.45 sq. mi. 1.4 MS4 Conveyance System: a) Describe your system, in narrative, identifying use of pipe, open channels, to give a general feel for how the system performs and the general condition of the streams and other water bodies receiving runoff. There is a mixture of curb/gutter and ribbon pavement streets in High Point. The stormwater drainage system has both pipe and open channel conveyances. There are certain older areas in High Point that have undersized and deteriorating drainage systems. The streams throughout High Point have been significantly impacted by stormwater runoff. A number of these streams have eroded stream banns, large Oamounts of trash/litter, and elevated fecal coliform counts. b) Describe the maintenance activities. The City of High Point maintains the storm sewer system in the public right-of-way. However, private property that receives runoff from the public right-of-way is eligible for the City of High Point Stormwater Management Improvement Program (see Appendix 2). Stormwater maintenance activities that are performed in the public right-of-way or on private property that qualifies for the Stormwater Management Improvement Program, include: removal of debris and obstructions, pipe repair or replacement, pipe installation, and bank/slope stabilization. Currently, a 7-man crew performs the majority of the stormwater maintenance activities. A vactor truck, with a 2-man crew, is also utilized for debris and obstruction removal only in the stormwater drainage system that is located in the public right-of-way. Due to the limited number of personnel and equipment, the bulk of the stormwater maintenance activities performed are complaint driven. Contractors are used to complete large stormwater projects. c) Now many full time equivalent positions are used to provide maintenance services, annually? 7 d) Now often is the system inspected for maintenance problems? Maintenance activities are primarily complaint driven except for the vactor-jet truck that is used IDto perform preventative maintenance in problem areas. e) Do you clean catch basins, pipes, and other man-made structures?: Yes SW U-264-103102 NPDES RPE Stormwater Permit Application fj What is the frequency of cleaning and the method used? : A vactor-jet truck with a two -man crew is devoted full time. The cleaning schedule is dictated by both complaints and the need for preventive maintenance in problem areas. g) What is the annual budget for maintenance activities? $700,000 1.5 Land Use Composition Estimates Estimated percentage of jurisdictional area containing the following four land use activities: Residential: 55 % Commercial: 10 % Industrial: 24 % Open Space: 11 % 1.6 Estimate Methodology The information used for calculating the land use percentages was acquired from the Land Use Plan for the High Point Planning Area (2000). The Land Use Plan was prepared by the City of High Point Planning Department. is 1.7 TMDL Identification A The City of High Point does not discharge Stormwater into a TMDL controlled water body. 2 SWu-264-103102 NPDES RPE Stormwater Permit Application 2. RECEIVING STREAMS Q See Appendix 3 for the list of streams U 0 5WU-269-103102 NPDES RPE Stormwater Permit Application 3. EXISTING WATER QUALITY PROGRAMS O3.1 Local Programs • a) A Water Supply Watershed Protection Program was implemented in 1993 to protect the five watersheds located in the City of High Point. The watersheds that are protected include: Oak Hollow Lake, City Lake, Oakdale Reservoir, Uwharrie, and Randleman Lake. The watershed protection requirements are outlined in Chapter 7 (Environmental Regulations) of the City of High Point Development Ordinance. Water quality monitoring is performed bi-weekly in the Oak Hollow and City Lake watersheds. b) The City of High Point Sediment and Erosion Control Program regulates land - disturbing activities to control accelerated erosion and sedimentation to prevent the pollution of water and other damage to lakes, watercourses, and other public and private property by sedimentation. Prior to the commencement of any land - disturbing activity not exempted by Sec. 9-3-2(c) of the City of High Point Development Ordinance, a land disturbing activity permit and a soil erosion and sedimentation control plan must be approved by an Erosion Control Inspector. The Sediment and Erosion Control Program regulates land -disturbing activities greater than one acre through the following activities: plan review; inspection of construction sites; and follow-up with enforcement when necessary. 3.2 State programs NIA 4 5WU-264-103102 NPDES RPE Storrnwater Permit Application • 4. PERMITTING INFORMATION 4.1 Responsible Party Contact List See Appendix 4 for the contact list 4.2 Organizational Chart: NPDES Phase II Compliance 4.3 Signing Official: Strib Boynton City Manager Mr. Boynton is the City Manager for the City of High Point and will be the signing official for the NPDES Phase I I permit application. 4.4 Duly Authorizes! Representative: i, NIA 5 SWU-264-103102 NPDES RPE Stormwater Permit Application 0 6. Reliance on Other Government Entity 0 NIA 5WU-264-103102 NPDES RPE Stormwater Permit Application 7. STORMWATER MANAGEMENT PROGRAM ® 7.1 Public Education and Outreach on Storm Water Impacts 7.1.1. BMP Summary Table: see Table 7.1 a 7.1.2. Target Audience: In developing the City of High Point stormwater education plan it will be important to implement BMPs that will reach a broad audience. The targeted audience will vary by BMP, but the overall target audience for the education program will include: school children, households, business and industry, gardeners, and the non-English speaking community. Households will be targeted to educate homeowners on stormwater pollution and the impact that residential "practices" can have on stormwater runoff. Commercial and Industrial properties will be targeted to educate businesses on stormwater pollution and how certain commercial/ industrial "practices" can impact stormwater runoff. 7.1.3 Target Pollutant Sources: Trash- The trash and litter pose a problem for City beautification and a floatables problem for the drainage system. It is much easier to prevent litter than it is to clean it up. A public education program is very applicable. Sediment- Due to rapid growth and development in certain areas of High Point, there is a problem with sediment transport. Educating the public will make them notice and report the greater than one acre sites that are in violation of the Sediment and Erosion Control Program. Disposal of household chemicals and used oil- Efforts in this area are showing results but need additional attention. City staff has received increased complaints about citizens dumping used motor oil down storm drains. Application of lawn care products- Public education efforts in this area need to be addressed over the application of nutrients and the results on receiving streams and water bodies. 7.1.4. Outreach Program: The City of High Point's approach to public education will be to develop and implement a comprehensive public education plan. The development of this education plan will begin in the first six months of the permit. The education plan will include a wide variety of BMPs that will focus on educating the public on the importance of clean water and how citizens can negatively impact water quality. The stormwater BMPs that will be utilized in this education plan may include: an in -school education program, brochures/pamphlets, a website, newspaper/TV 5WU-264-1.43142 NPDES RPE Stormwater Permit Application ® campaigns, drain markers, and watershed signs. The time frame for implementation, targeted audiences, and the measurable goals for each BMP will be included in the education plan. The implementation progress will be documented in each annual report. pu 4) 7.1.5. Decision Process: The decision process for creating the public education program was based on the need for a comprehensive program that will reach a wide spectrum of the City of High Point citizens. 7.1.6. Evaluation: The program element will be reviewed annually with an emphasis on the number of people targeted versus the amount of trash removed, or other relevant values as indicated in the comprehensive public education plan. 9 5WU-264-103102 0 � 11 a Public Education and Outreach Table 7.1a: BMP's and Measurable Goals .�r sResponsible,-�; . BM '!� Measurable Goals j YR 1 YR 2 YR 3 YR 4 YR 5 -�Positioni x•`. 1 Prepare an education plan A stormwater public education plan will X X X X X Stormwater be prepared in the first 6 months of the Superintendent permit. Included in the plan will be the proposed BMPs, time frame for implementation, targeted audiences, and measurable goats. The education plan and implementation progress will be included in each annual report. 2 Mailers, brochures, posters A mailer will be created and inserted in X X X X Stormwater utility bills. This nonstructural BMP will Superintendent be implemented by Year 2. The mailer will target homeowners and businesses with messages about how they can reduce stormwater pollution. The number of homes and businesses reached by the mailer will be tracked and reported annually. 3 Coordination with Keep America Coordinate with local KAB program, X X X X X Environmental Beautiful programs providing materials for insert into Coordinator communication tools used by KAB. Focus message on reducing trash in streams and in drainage system. Number of people reached will be tracked and documented in annual report. 4 Continued Implementation of The City of High Point Customer Service X X X X X Customer Service City of High Point Customer Line (883-3111) is available for citizens Director Service Telephone Line to call in to report illegal dumping or to express concerns about stormwater pollution. The City of High Point Customer Service Line was implemented in 1997. Information received from citizens is forwarded directly to the Stormwater Services Division and monitored by the Customer Service Department. The Customer Service Line (883-3111) has been publicized in the utitity bills and also in the High Point Enterprise. The number of calls will tracked beginning in year 1 and reported annually. The type of issues as well as disposition of calls will also be tracked and reported. 5 Participate in and promote Big The Big Sweep program will be X X X X X Environmental Sweep promoted within the City of High Point. Coordinator The focus will be on cleaning up the streams and other receiving waters. Big Sweep Activities in High Point will be tracked beginning in year 1 and reported annually. Activities such as the number of participants and the amount of waste collected will be documented. Page 10 NPDES RPE Stormwater Permit Application 7.2 Public Involvement and Participation 40 7.2.1. BMP Summary Table: see Table 7.2a is 7.2.2. Target Audience: The target audience will be the citizens of High Point. 7.2.3. Participation Program: Participation will be through the form of a public hearing. See Appendix 5 for documentation to be included after the March 3, 2003 public hearing. A citizen's advisory committee was also created in 1997 for the•development of a sormwater utility (see Appendix 5 for an executive summary of the Stormwater Utility Committee Report). 7.2.4, Decision Process: The decision process is based on the requirements of NPDES Phase 11 regulations. 7.2.5. Evaluation The minimum measure will be evaluated based on public 1 City Council input. The permit application will be reviewed, revised as needed and sent to the North Carolina Department of Environment and Natural Resources for permit issuance. SWU-264-103102 0 Public Involvement and Participation Table 7.2a: BMP's and Measurable Goals • 6• #1 t, �, ; 4 :- r+syt ' BMP ' �'t * ♦�li: �',rYi " �: tr ` rP Measurabie Goals.:; 1 �N /: Y. YRA r� ,YR,2 ;`+7 i .YR,3 ,' ,YR 4 .fyr ` YR 5 .7p1: Responsible;.; ItionIPart' 1 Public Hearing on The City of High Point will X Stormwater NPDES Phase li Notice comply with the public Superintendent of Intent hearing requirement of NPDES Phase 11 Regulations. Copies of public notices will be submitted with permit application, noting date and meeting time of the public session. Page 12 NPDES RPE Stormwater Permit Application 0 7.3 Illicit Discharge Detection and Elimination 7.3.1. BMP Summary Table: see Table 7.3a 7.3.2. Storm Sewer System Map: Public Services staff will locate outfall locations in the field and record locations using a global positioning system (GPS). Staff will use USGS (7.5 min quads), High Point topographic maps, as-builts and other necessary information to help locate outfall locations. The map of outfall locations will be in digital format and will be maintained by the City. The map will be incorporated into the City of High Point GIS database. A hard copy of the map will be kept in the City municipal building for the public to review. 7.3.3. Regulatory Mechanism: There is currently not an ordinance in place that prohibits non-stormwater discharges into the drainage.system. The City of High Point Code of Ordinances will have to be revised. Amendments to the Ordinance will address the following: a) Regulate the discharge of substances that may contaminate or cause pollution of stormwater, stormwater conveyances, or waters of the State; b) Regulate connections to the stormwater conveyance system; c) Provide for the proper handling of spills, d) Provide for enforcement. The illicit discharge detection and elimination revisions to the Ordinance will be developed by year 3 and adopted by City Council by year 4. 7.3.4. Enforcement: The first step will be to develop and adopt an ordinance that addresses illicit discharge detection and elimination. After the wording of the ordinance is established, steps for detecting and eliminating illicit discharges will be developed. Until the ordinance is adopted, response to illicit discharges will be complaint driven and passed on to other City agencies for enforcement. 7.3.5. Detection and Elimination: How will you find illicit connections? The City of High Point Customer Service Line (883-3111) will be available for citizens to notify the City of illicit discharges and connections. Other strategies for finding illicit connections that will be considered include: • stream walking while inventorying the outfalls; • dry weather monitoring of outfalls; 13 5 W u-264-103 ] 02 NPDES RPE Stormwater Permit Application • educating relevant City employees on identifying illicit connections; and Y any other useful strategy that could be effective in detecting illicit connections. How will you address spills, within your own operation and within the community? The City of High Point Fire Department HAZMAT Team will conduct spill response in the community. The Industrial Pretreatment Division will be responsible for investigating sanitary sewer overflows and providing technical support 1 environment assessment to the Fire Department. City employees that work at applicable facilities will be educated on spill prevention and proper procedures to follow if a spill occurs. How will you eliminate an illicit connection or discharge? If an illicit connection or discharge is detected all appropriate actions will be taken as allowed by the ordinance that is to be developed and adopted by year 4. Until the ordinance is adopted, response to illicit discharges will be complaint driven and passed on to other City agencies for enforcement. How will you evaluate your program and make changes over time? The goal will be to address all illicit discharges and connections as detected. The City of High Point will establish a pilot program and attempt to remove 20% of detected illicit discharges in a permit year as allowed in the future ordinance. The pilot program will be evaluated based on removal rates and type/nature of discharges detected. 7.3.6. Non-Stormwater Discharges: illicit or Allowable 1. Water line flushing: Allowable 2. Landscape irrigation: Allowable 3. Diverted stream flows: Allowable 4. Rising ground waters: Allowable 5. Uncontaminated ground water infiltration (as defined at 40 CFR §35.2005(20)): Allowable 6. Uncontaminated pumped ground water: Allowable 7. Discharges from potable water sources: Allowable 8. Foundation drains: Allowable 9. Air conditioning condensation: Allowable 10. Irrigation water: Allowable 11. Springs: Allowable 12. Water from crawl space pumps: Allowable 13. Footing drains: Allowable 14. 15. Lawn watering: Allowable Individual residential car washing: Allowable 16. Flows from riparian habitats and wetlands: Allowable 17. Dechlorinated swimming pool discharges: Not Allowable 18. Street wash water: Allowable 14 SWU-264403102 NPDES RPE Stormwater Permit Application • 7.3.7. Are there other incidental discharges that you will define as NON- STORMWATER and ILLICIT for purposes within your community? No 7.3.8 Outreach: In developing the stormwater education plan, the most effective strategies for educating the public on illegal discharges and improper disposal of waste will be evaluated. Those strategies determined to be most effective for educating the public on illicit discharges will be incorporated into the comprehensive stormwater education plan. 7.3.9. Decision Process: The decision process is based on the need to establish and enforce an illicit discharge ordinance as required by NPDES Phase 11 regulations. 7.3.10. Evaluation: Pending the adoption of an illicit discharge ordinance, the evaluation of the program will be based on the amount of illicit discharges detected and eliminated. The City of High Point will establish a pilot program and attempt to remove 20% of detected illicit discharges in a permit year. The pilot program will be evaluated based on removal rates and type/nature of discharges detected. 15 SM-264-103102 0 0 0 Illicit Discharge and Elimination Table 7.3a: BMP's and Measurable Goals �i�'. 3...' ,:•L�v ._{ � Y`t` jit'e'�' 8: a -c'F.d, i.A'4? "i.� e .a�iiY`� °! iR2s onsiblb --; °t. � le:.aisJ,- Go b asuranlRart YR 1 ,YR.2 YR 3' :YR,4 YR`5 . Positio 1 Develop/amend To develop an ordinance by year 3 X X X Stormwater existing ordinance to and have ordinance adopted by city Superintendent include illicit council by the end of the year 4. A detection, right of copy of the approved ordinance will entry, prohibition of be included in the applicable year certain discharges, annual report file. enforcement actions and penalties for dumping, spills, and willful illicit connections. 2 Develop map Work on a map detailing the City of X X X X Stormwater showing outfalls and High Point drainage system will Superintendent the receiving body of begin in year 2 in support of the water inspection program. One quarter of High Point will be completed each year, and the project will be completed by year 5. The map will note outfalls and receiving body of water for each outfall. The progress on the mapping project will be reported annually, 3 Train employees on Education materials on how to X X Stormwater how to inspec for identify illicit connections will be Superintendent illicit connecti6ds and provided to City of High Point establish a tracking Employees involved with illicit system for managing connection inspections and/or to all reported problem il relevant City employees by the end areas. i,,,,�/ of year 4. A copy of the education materials and the date distributed will be included in the annual report. 4 Utilize Customer A log of calls to Customer Service X X X X X Customer Service Line (883- Line related to illicit discharge will be Service/Stormwat 3111) for public recorded and reported annually, er Superintendent reporting of illicit Reporting will begin year 1. connections Cont. > Page 16 • 0 0 Illicit Discharge and Elimination i ache r.sa: biviv s ana iweasuraDie k3ows t i..77- 1. t} Y �1 foe ti -. 1 cYS c •�:-' rq -t i d st�1 3- ti �- i.,i 9 P J +�Y �'�-1 �r, �� `. ' aw Ji t �,, _,jt .�� IF , - G r - T F er! � G � -(. � � 3! Respans�bfe BM"P" � s _;, ,4MeasUrable Goals - .YR ,7 .YR 2 .YR:3 YR�4 ,YR 5 . PositiorilParty` 5 Coordinate with local Stormwater Division and X X Stormwater wastewater program Water/Sewer Division will work Superintendent on identification of together to identify potential cross potential cross connections and place on a priority connections between list to be included in inspection sanitary sewer and program. The number of potential storm sewers. cross connection sites and disposition of those found will be reported annually. The program will be implemented by year 4. 6 Use GIS system to The number of problem areas X Stormwater track stormwater identified will be placed on the GIS Superintendent pollutant problem system annually. A database will be areas in the created that includes date of community and target identification, name, type and for inspections, and location. The program will be look for statistical implemented by year 5 and the problem areas. efforts will be summarized in the Identified areas will annual report. be targeted for increased inspections. 7 Establish database to A database will be developed in year X Stormwater track all activities for 5 to track all activities for inspections Superintendent inspections and follow of illicit connections and follow up up enforcement enforcement activities. The number activities of inspections and findings will be reported annually. 8 Identify responsible Illicit connection enforcement X X Stormwater party within standard operating procedures will Superintendent organization to be established in year 4. The SOP manage follow up and will be provided in the 4th year enforcement actions. annual report. Page 17 WPDES RPE Stormwater Permit Application 4) 7.4 Construction Site Stormwater Runoff Control e 0 The City of High Point will continue to implement and enforce a sediment and erosion control program in compliance with the State of North Carolina Sediment and Erosion Control Program (refer to Sec. 9-7-11 of City of High Point Development Ordinance found in Appendix 6). 7.4.1. BMP Summary Table; see Table 7.4a 18 SWU-264-103102 0 Construction Site Stormwater'Runoff Control Table 7.4a: BMP's and Measurable Goals Is • . .vf f �.4 i i 1.:L iL✓. � _ BMP "". ' _ aY.y.tSV` e. �f; ..-Measur"able,GoaW ;YR.,1 YR 2 ,YR'3 .� YR 4 \ ;5.� YR 5 Y'. •. .... ... t, r J,PositiorilPart 1 Compliance with State of North Implementation and X X X X X Erosion Control Carolina Sediment and Erosion enforcement of Inspector Control Program. Refer to Sec. 9 sediment and 7-11 of City of High Point erosion control will Development Ordinance continue with provisions of City of High Point Development Ordinance. Page 19 NPDES RPE Stormwater Permit Application 4) 7.5 Post -Construction stormwater Management in New Development and Redevelopment 7.5.8. BMP Summary Table: see Table 7.5a 7.5.10. Structural BMPs: see Appendix 4 -Chapter 7 of City of High Point Development Ordinance Engineered Stormwater Controls: In accordance with Tables 7-4-2 and 7-5-1 (as shown in Chapter 7 of.the Development Ordinance), a wet detention pond or other BMP meeting the performance standards of control of the first one inch of rainfall from the 10-year storm and removal of 85% total suspended solids shall be used to control stormwater runoff as required by Sec. 9-7-5(d) of the Development Ordinance. In lieu of an on -site engineered stormwater control, developments may participate in a regional stormwater control program in compliance with the requirements of Sec. 9-7-6(e) of the Development Ordinance. Alternate Measures: As required by Table 7-4-2 in the Development Ordinance, the allowed alternate measures may be any one of the following that meet the standards of City's Stormwater Guidelines for Water Quality and Flood Control: a. Extended dry pond b. Infiltration Trench c. Natural Infiltration Area d. Participation in a public or private regional runoff control program, in compliance with Sec. 9-7-6(e) of the Development Ordinance. e. Any other BMP approved by the Watershed Review Committee that meets the performance standards of control of the first one-half inch of rainfall from the 10-year storm. 7.5.11. Regulatory Mechanism: see Appendix 6 -Chapter 7 of City of High Point Development Ordinance Any lot of record greater than 20,000 square feet that is located in any of the five watersheds must comply with the procedural, design, and construction requirements of the Environmental Regulations (Chapter 7) of the City of High. Point Development Ordinance (see Sec. 9-7-1(b) for exemptions). A Watershed Development Plan must be prepared and submitted by a North Carolina registered professional engineer in accordance with the requirements of Appendix 2 of the Development Ordinance. The Watershed Development plan must be approved by the Watershed Review Committee prior to issuance of any is building or land -disturbing permit. The minimum stormwater controls required by the current Development Ordinance are based on development density and the location of the development in the five designated watersheds (see Sec. 9-74(c) 20 SWU-264-103102 NPDES RPE Stormwater Permit Application for the minimum stormwater controls required in the Watershed Critical Areas and Sec 7-5-1(b) for the minimum stormwater controls required in the General Watershed Areas). The methods of stormwater control that are allowed under the Development Ordinance are listed in Sec. 9-7-6(b). Also see Sec. 9-7-6(f) of City of High Point Development Ordinance for overview of watershed development plan review process. 7.5.12. Operation and Maintenance: see Section 9-7-6(c)(5) of the City of High Point Development Ordinance (Appendix 6) Maintenance Responsibility: a. Maintenance responsibility for an engineered stormwater control and its buffer shall be vested with a responsible party by means of a legally binding and enforceable maintenance agreement that is executed as a condition of plan approval, as provided for in Sec. 9-7-6(c)(3). b. When engineered stormwater control structures serve more that one lot, an owners association for the purpose of maintenance shall be required (see Sec 9- 6-10), or a binding contract or agreement shall be required for participation in a regional runoff control program (see Sec. 9-7-6(e)). c. Maintenance of engineered stormwater control structures shall be performed at such time as the designated sediment storage volume of the structure has been lost to sediment storage and/or a part of the installation is not functioning as originally designed. The Enforcement Officer shall have the responsibility to inspect the engineered stormwater control structures annually, to record the results on forms approved or supplied by the North Carolina Division of Water Quality, and to notify the responsible property owner or owners association when maintenance or repairs are required. All required repairs and maintenance shall be performed within 90 days after such notice. In case of failure by the responsible party to perform the required maintenance or repairs within the stated period, the City may perform such maintenance or repairs and recover all costs attendant thereto from the property owner or owners association. 7.5.13. Decision Process: The City of High Point will continue to implement the following watershed management practices and strategies: • Watershed development plan review • Require alternate and engineered stormwater controls for development and redevelopment in the five designated watersheds (refer to City of High Point Development Ordinance) • Buffer requirements • Conduct structural stormwater BMP inspections • Implement and enforce the City of High Point Development Ordinance, 21 SWU-264-103102 NPDES RPE Stormwater Permit Application is • It will be necessary to amend the City of High Point Development Ordinance to include the Yadkin PeeDee River basin in the Watershed Protection Overlay Districts. 7.5.14. Evaluation: The effectiveness of post -construction stormwater management will be evaluated based on the amendment process to the City of High Point Development Ordinance. All new amendments to the City of High Point Development Ordinance (adopted by the High Point City Council on January 7, 1992 and amended through June 1, 2000) will be reported annually. The water quality device inspection program will be evaluated annually based on the percentage of structural stormwater BMPs determined to be in compliance at the time of the initial inspection and also by the percentage of the structural stormwater BMPs brought into compliance by the property owner/homeowners association within 90 days after the initial inspection. 22 5WU-264-103102 0 Post -Construction Stormwater Management Table 7.5a: BMP's and Measurable Goals E C. �;Measuratile'.Goals YR.1 YR 2 YR 3 YR',4.YR 5 "'�'P6sitionlRart �.a. 1 Continue to implement and Evaluate effectiveness X X X X X Stormwater enforce post -construction of Development Superintendent stormwater management Ordinance based on standards and policies amendement process. addressed in City of High Point Stormwater Development Ordinance management related amedments will be documented and reported anually. 2 Continue using maintenance In year 1, continue X X X X X Stormwater standards and inspection inspection program for Superintendent program adopted by structural controls for Development Ordinance to evaluation of ensure that on -site controls maintenance practices. continue to serve designed A record of the number functionality. of inspections and results will be reported annually. 3 Amend Development Evaluate effectiveness X X X Stormwater Ordinance to expand the of the Development Superintendent existing required stormwater Ordinance based on controls of the Watershed amendement process. Protection Overlay Districts to Stormwater the Yadkin PeeDee River management related Basin amedments will be documented and reported anuall . Page 23 NPDES RPE Stormwater Permit Application U 0 0 7.6 Pollution Prevention/Good Housekeeping for Municipal Operations 7.6.1. BMP Summary Table: see Table 7.6a 7.6.2. Affected Operations: A) Municipal Operations that are impacted by the operation and maintenance program: 1. Parks and Recreation i. Golf Courses ii. Maintenance Facilities 2. Vehicle Maintenance Facilities 3. Public Services Operations 4. Wastewater Treatment Plants B) Industrial Facilities that are subject to NPDES General Stormwater Permits: Facility Permit # 1. Hi Tran Public Transit Facility NCGO80000 2. Fleet Maintenance Facility 3. Materials Recovery Facility 4. Kersey Valley Landfill 5. Eastside POTW 6. Westside POTW 7.6.3. Training: NCG080000 NCG130000 NCG120000 NCG110000 NCG110000 COC# NO] Submitted N01 Submitted NOI Submitted NOI Submitted NGG110019 NCG 110018 A stormwater pollution prevention plan (SPPP) will be developed for the City of High Point industrial municipal operations. Appropriate methods and practices for reducing pollutants, including the training of personnel, will be addressed in the SPPP. Good housekeeping practices will be implemented as necessary at non -industrial municipal facilities. 7.6.4. Maintenance and Inspections: The Customer Service Line (883-3111) is available for citizens to notify City personnel of maintenance problems in the drainage system. In the public right -of SWU-264-103102 24 NPDES RPE Stormwater Permit Application way, catch basin cleaning and street sweeping will continue to be performed to ® reduce floatables and other pollutants. City personnel will also pick up the leaves that citizens rake to the curb as part of the normal loose-leaf collection program. The City's use of inmate labor and the Keep America Beautiful campaign may continue to be used to address litter along streets and in the drainage system. • 7.6.5. Vehicular Operations: A stormwater pollution prevention plan (SPPP) will be developed for the City of High Point industrial municipal operations. The SPPP will address the necessary controls for reducing or eliminating the discharge of pollutants from municipal operations. Good housekeeping practices will be implemented as necessary at non -industrial municipal facilities. 7.6.6. Waste Disposal: City personnel will continue to follow the standard operating procedure of disposing all waste removed from the MS4 or other municipal operations in an approved manner. Non -hazardous waste may disposed of at the City's municipal solid waste landfill. City personnel and citizens may dispose of materials classified as household hazardous waste at Ecoflo located at 2750 Patterson Avenue, Greensboro, NC. 7.6.7. Flood Management Projects. - All proposed land development projects in a flood plain must submit an application to the City of High Point Central Engineering Department for a flood plain development permit. There currently are no proposed municipal flood management projects. All necessary permits will be submitted to the Army Corps of Engineers and the North Carolina Department of Environment and Natural Resources prior to the construction. 7.6.8. Existing Ordinances: The High Point City Council must modify existing ordinances. A request to City Council to modify the Code of Ordinances to address stormwater issues will be submitted by the Watershed Review Committee, which is composed of staff members from Central Engineering, Public Services, and Planning Departments. 7.6.9. Other Evaluations: NIA 25 SWU-264-103102 NPDES RPE Stormwater Permit Application • • 7.6.10. Decision Process: NPDES Phase ll requirements dictate that the City of High Point conduct pollution prevention and good house keeping practices at its municipal facilities. 7.6.11. Evaluation: Pollution prevention and good housekeeping is necessary at High Point municipal facilities. A facility -by -facility assessment will be conducted and best management practices will be implemented based on the findings from the facility inspections. A municipal facility may be inspected annually or more often as necessary based on the findings of the assessments. The goal will be to eliminate 16 percent of all improper housekeeping practices identified per year at each facility, as appropriate. 2G SWU-264403102 Pollution Prevention / Good Housekeeping for Municipal Operations ® Table 7.6a: BMP's and Measurable Goals e • ,. I+ �s -�- � ��! 4 � b " `� ��+� `''w s v t r�4� e� - C7r� � �t}�.7 � 4� =,�'� M1 �°.;� :�. i '� �. Responsible--`; ' :, r 'gBMP,3 r z;� v xs.-tMeasurabfe Goals ;{ y: Y,R 1 YR:2 YR�3 :YR 4 ;YR'5 i P,.ositionlPai•t 1 Complete an inventory City of High Point facilities will be X X X X Stormwater of facilities that will be inventoried and prioritized for an Superintendent evaluated through an environmental audit in year 2. The environmental audit to number and type of facilities to be determine potential audited will be reported in the annual pollution contributions report. 2 Complete Environmental audits at priority sites X X X Stormwater environmental audits of will begin in year 3 and all audits will Superintendent all identified facilities be completed by year 4. and prioritize Recommendations will be prioritized recommendations for after each audit is completed and will addressing potential be initiated in the fiscal year following pollution prevention the audit, except where any extreme activities. After hazard or potential human risk is completing site identified. High hazards will be environmental audits, addressed immediately upon annually inspect all identification. The progress toward municipal facilities to meeting the recommendations will be identify potential for reported annually. The objective is to polluting stormwater. reduce pollutant loading from municipal sites. 3 Develop training Employees will be educated on clean X Stormwater material on pollution water issues and on workplace Superintendent prevention for public responsibilities to reduce or eliminate facilities, using existing pollutants from stormwater in year 5. materials gathered from The number of employees trained other organizations or and subjects covered will be reported creating new tools as annually. needed. 4 Provide training to City Training will be provided to all X X Stormwater employees that employees who maintain the Superintendent maintain the drainage drainage system with a focus on system with the focus floatables, grit, sediment, and on disposal of disposal of pollutants removed from floatables, grit, the drainage system beginning in sediment, and other year 4. The number of employees pollutants removed trained and subjects covered will be from the system. re orted annually. Cont. > Page 27 • �J Table 7.6a: BMP's and Measurable Goals n > �s�, � , � � . s n.��, y�� ,� > � i' r :4 � � sa �• , � �' ;Responsible �•# s?,lVlea§urable'Goals P �� r.. .L YR ii ,YR-2 YR 3 YR 4 YR 5 °PositionlParty 5 Training will be Beginning in Year 5, provide training X Stormwater provided to employees to all employees who manage and Superintendent that manage and apply apply chemicals to address safe chemicals for control of storage, application and disposal of dust, pests, vermin, and residual chemicals. Repeat training weeds and/or are used annually throughout the permit. The to enhance the growth number of employees trained and ' or condition of public subjects covered will be reported urban landscape and annually. recreation facilities. Training will target the safe and effective application, storage and disposal of chemicals used. 6 Annually inspect vehicle Begin annual inspection in Year 5. X Stormwater washing and fueling Documentation of findings and Superintendent operations to ensure actions taken to address any that they are in good problems identified will be reported in working order and that annual permit report. they minimize exposure of stormwater to chemicals, fuels, and other liquids. 7 Inspect salt storage The salt storage dome and X X Stormwater facility and application application equipment will be Superintendent 1 equipment annually to inspected annually beginning in year Street identify and eliminate 4.. Problems that are identified will be Maintenance exposure to stormwater addressed when found. A report on Superintendent through improper the inspection and resulting actions storage or application. will be provided annually. Evaluate current snow and ice management program and ensure that effective measures are in place to minimize contamination of stormwater. Page 28 CITY OF HIGH POINT NORTH CAROLINA February 6, 2003 Darren England Stormwater & General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 RE: City of High Point NPDES Stormwater Permit Application Dear Mr. England: Enclosed are three copies of the City of High Point NPDES Stormwater Permit Application and also a check for the amount required for a minor individual NPDES permit. If you have any questions, I can be contacted at (336) 883-3215. Respectfully, r Derrick Q. Boone Stormwater Superintendent Enc. c. "file: P.O. Box 230, 211 S. HAMILTON STREET, HiGn POINT, NORTH CAROLINA 27261 FAX 336-883-3419 TDD 336-883-8517 CITY OF HIGH POINT NORTH CAROL.INA May 21, 2004 NCDENR, Division of Water Quality Attn: Mike Randall 1617 Mail Service Center Raleigh, NC 27699-1617 RE: NPDES Permit Number NCS000421 City of High Point Additional Information Request Dear Mr. Randall: I have enclosed the requested information in regards to Section 7.3- Illicit Discharge Detection and Elimination of the City of High Point NPDES Stormwater Permit Application. As requested, a BMP to detect dry weather flows at the system outfalls has been included in Section 7.3. Also, the wording for the "training" BMP has been changed to, "employees will be trained on how to inspect for and report illicit connections." If you have any further questions, please contact me at (336) 883-3215. Respectfully, Derrick Q. Boone Stormwater Superintendent Enc. c. file Y.O. Sox 230, 211 S. HAMIITON STRFFT, HIGH POINT, Nouii CAROLINA 27261 FAX 336-883-3419 T{in 336-883-K517 NPDES RPE Stormwater Permit Application 7.3 Illicit Discharge Detection and Elimination 7.3.1, BMP Summary Table: see Table 7.3a 7.3.2. Storm Sewer System Map: Public Services staff will locate outfall locations in the field and record locations using a global positioning system (GPS). Staff will use USGS (7.5 min quads), High Point topographic maps, as-builts and other necessary information to help locate outfall locations. The map of outfall locations will be in digital format and will be maintained by the City. The map will be incorporated into the City of High Point GIS database. A hard copy of the map will be kept in the City municipal building for the public to review. 7.3.3. Regulatory Mechanism: There is currently not an ordinance in place that prohibits non-stormwater discharges into the drainage system. The City of High Point Code of Ordinances will have to be revised. Amendments to the Ordinance will address the following: a) Regulate the discharge of substances that may contaminate or cause pollution of stormwater, stormwater conveyances, or waters of the State; b) Regulate connections to the stormwater conveyance system; c) Provide for the proper handling of spills; d) Provide for enforcement. The illicit discharge detection and elimination revisions to the Ordinance will be developed by year 3 and adopted by City Council by year 4. 7.3.4. Enforcement: The first step will be to develop and adopt an ordinance that addresses illicit discharge detection and elimination. After the wording of the ordinance is established, steps for detecting and eliminating illicit discharges will be developed. Until the ordinance is adopted, response to illicit discharges will be complaint driven and passed on to other City agencies for enforcement. 7.3.5. Detection and Elimination: How will you find illicit connections? The City of High Point Customer Service Line (883-3111) will be available for citizens to notify the City of illicit discharges and connections. Other strategies for finding illicit connections that will be considered include: • stream walking while inventorying the outfalls; • dry weather monitoring of outfalls; • educating relevant City employees on identifying illicit connections; and • any other useful strategy that could be effective in detecting illicit connections. Page 10 SWU-264-103102 NPDES RPE Stormwater Permit Application How will you address spills, within your own operation and within the community? The City of High Point Fire Department HAZMAT will conduct spill response in the community. City employees that work at applicable facilities will be educated on spill prevention and proper procedures to follow if a spill occurs. How will you eliminate an illicit connection or discharge? If an illicit connection or discharge is detected all appropriate actions will be taken as allowed by the ordinance that is to be developed and adopted by year 4. How will you evaluate your program and make changes over time? The goal will be to address all illicit discharges and connections as detected. The City of High Point will attempt to remove 20% of detected illicit discharges in a permit year and/or as allowed in the future ordinance. The illicit discharge and detection program will be evaluated based on removal rates and type/nature of discharges detected. 7.3.6. Non Stormwater Discharges: Illicit or Allowable 1. Water line flushing: Allowable 2. Landscape irrigation: Allowable 3. Diverted stream flows: Allowable 4. Rising ground waters: Allowable 5. Uncontaminated ground water infiltration (as defined at 40 CFR §35.2005(20)): Allowable 6. Contaminated pumped ground water: Allowable 7. Discharges from potable water sources: Allowable 8. Foundation drains: Allowable 9. Air conditioning condensation: Allowable 10. Irrigation water: Allowable 11. Springs: Allowable 12. Water from crawl space pumps: Allowable 13. Footing drains: Allowable 14. Lawn watering: Allowable 15. Individual residential car washing: Allowable 16. Flows from riparian habitats and wetlands: Allowable 17. Dechlorinated swimming pool discharges: Allowable 18. Street wash water: Allowable 7.3.7. Are there other incidental discharges that you will define as NOW STORMWATER and ILLICIT for purposes within your community? No 7.3.8 Outreach: In developing the Stormwater education plan, the most effective strategies for educating the public on illegal discharges and improper disposal of waste will be Page 11 5WU-264-103102 NPDES RPE Stormwater Permit Application evaluated. Those strategies determined to be most effective for educating the public on illicit discharges will be incorporated into the comprehensive stormwater education plan. 7.3.9. Decision Process: The decision process is based on the need to establish and enforce an illicit discharge ordinance as required by NPDES Phase II regulations. 7.3.10. Evaluation: Pending the adoption of an illicit discharge ordinance, the evaluation of the program will be based on the amount of illicit discharges detected and eliminated. The City of High Point will attempt to remove 20% of detected illicit discharges in a permit year and/or as allowed in the future ordinance. The illicit discharge detection and elimination program will be evaluated based on removal rates and type/nature of discharges detected. Page 12 SWU-264-103102 Table 7.3a: BMP's and Measurable Goals for Illicit Discharge and Elimination Responsible BMP Measurable Goals YR 1 YR 2 YR 3 YR 4 YR 5 PositionlPart 1 Develop/amend existing To develop an ordinance by year 3 X X X Stormwater ordinance to include illicit and have ordinance adopted by city Superintendent detection, right of entry, council by the end of the year 4. A prohibition of certain copy of the approved ordinance will discharges, enforcement be included in the applicable year actions and penalties for annual report file. dumping, spills, and willful illicit connections. 2 Develop map showing The work on a map detailing the X X X X Stormwater outfalls and the receiving City of High Point drainage system Superintendent body of water will begin in year 2 in support of the inspection program. One quarter of High Point will be completed each year, and the project will be completed by year 5. The map will note outfalls and receiving body of water for each outfall. The progress on the mapping project will be reported annually. 3 Train employees on how Education materials and training on X X Stormwater to inspect for and report how to identify and report illicit Superintendent illicit connections. connections will be provided to City of High Point employees involved with illicit connection inspections and/or to all relevant City employees by the end of year 4. A copy of the education materials and the date distributed will be reported annually. 4 Implement a program to A dry weather monitoring program X X Stormwater monitor dry weather flows will be developed in year 4 and Superintendent at system outfalls, monitoring wil begin in year 5. The goal will be to monitor 20% of the City of High Point drainage area each permit year. 5 Utilize Customer Service A log of calls to Customer Service X X X X X Customer Line (883-3111) for public Line related to illicit discharge will Service/Stormwater reporting of illicit recorded and reported annually. Superintendent connections Reeorting will begin year 1. Page 14 Table 7.3a: BMP's and Measurable Goals for Illicit Discharge and Elimination Responsible $MP Measurable Goals YR 1 YR 2 YR 3 'YR 4' YR 5 Position/Part 6 Coordinate with local Stormwater Division and X X Stormwater wastewater program on Water/Sewer Division will work Superintendent identification of potential together to identify potential cross cross connections connections and place on hot spot between sanitary sewer list to be included in inspection and storm sewers. program. The number of potential cross connection sites and disposition of those found will be reported annually. 7 Use GIS system to track Hot spots identified through X Stormwater stormwater pollutant "hot inspection program will be placed in Superintendent spots" in the community. GIS database annually. Data Identified hot spots will be collected for each identified illicit targeted for increased discharge will include date of inspections. identification and nameitype of location. Tracking by GIS will be implemented by year 5 and the efforts will be summarized in the annual report, 8 Establish database to A database will be developed in X Stormwater track all activities for year 5 to track all activities for Superintendent inspections and follow up inspections of illicit connections and enforcement activities follow up enforcement activities. The number of inspections and findings will be reported annually. 9 Identify responsible party Illicit connection enforcement X X Stormwater within organization to standing operating procedures will Superintendent manage follow up and be established in year 4. The SOP enforcement actions. will be provided in the 4th year annual report. Page 14 o=oF W A THE CITY OF HIGH POINT STRIBLING BOYNTON, CITY MANAGER P.O. BOX 230 HIGH POINT, NC 27261-0230 Stribling Boynton: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality 11/6/2002 Subject: NPDES Phase lI Stormwater Program In 1990 the U.S. Environmental Protection Agency's (EPA) Phase I Stormwater program was promulgated under the Clean Water Act. Phase I relies on National Poilutant discharge Elimination System (NPDES) permit coverage to address stormwater runoff from: (1) "medium" and "large" municipal separate storm sewer systems (MS4s) generally serving populations of 100,000 or greater, (2) construction activity disturbing 5 acres of land or greater, and (3) ten categories of industrial activity. The NPDES Stormwater Phase 1I Final Rule was promulgated in December 1999 and is the next step in EPA's effort to preserve, protect, and improve the Nation's water resources from polluted storm water runoff. The Phase It program expands the Phase I program by requiring additional operators of MS4s in urbanized areas and operators of small construction sites, through the use of NPDES permits, to implement programs and practices to control Stormwater runoff. Phase 11 is intended to further reduce adverse impacts to water quality and aquatic habitat by instituting the use of controls on the unregulated sources of Stormwater discharges that have the greatest likelihood of causing continued environmental degradation. The NPDES Stormwater Phase II Final Rule requires nationwide coverage of all operators of small MS4s that are located within the boundaries of a Bureau of the Census defined "urbanized area" based on the latest decennial Census. We are writing to you to remind you that the City of High Point has been identified as being located within a census designated urbanized area in both the 1990 and 2000 decennial census. As a regulated community, you are required to develop a stormwater management program and apply for stormwater permit coverage, if you own and operate a small MS4 or file a certification that the City of High Point does not own or operate a small MS4. The deadline for submitting your application package or non -ownership certification is March 10, 2003. Application and certification documents, as well as additional information on the NPDES Stormwater program, are available for download at our web site . Our web address is http://h2o.enr.state,nc.us/su/stormwater.html. You may also contact us for hard copies of the documents. If you have any questions about this letter, please feel free to contact me (919-733-5083, ext.525) or Darren England (919-733-5083, ext. 545) Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit CC. Central Files Stormwater and General Permits Unit Files Winston-Salem Regional Office N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 APL, NCDERR Customer Service 1 - BDO-623-7748 F W A J-F Michael P. Enslcy, GOVC11101' WilliamG. Rocs Jr., Secretary North Carolina Department of Environunent and es Natural Resources rAlan W. Klimek, P. E. Director Division of Water Quality 0 Coleen tt. Sullins, Deputy Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: NPDES Permit Number: Facility Location: Type of Activity: Receiving Stream: River Basin: Stream Classification: Proposed Permit Requirements: Compliance Schedule: Basis for Monitoring: Basis for Other Requirements: Response Requested by (Date): DOCUMENTS REVIEWED Town of High Point NCS000421 Town of High Point Municipal Separate Storm Sewer System Deep River and unnamed tributaries, High Point Lake, Long Branch, Boulding Branch, Hiatt Branch, Richland Creek, Kennedy Mill Creek, Payne Creek, and Rich Fork Creek, Cape hear and Yadkin River Basins WS-IV, CA, C See attached draft permit See Part V, Section A of the attached draft permit Not applicable Not applicable October $, 2004 -'4 NPDES Stormwater Permit Application Form "14 Narrative Application Supplement: Stormwater Management Program Report Recommendation: Based on the documents reviewed, the application information submitted on March 10, 2003 and as amended on May 26, 2004 is sufficient to issue an Indiyid+lal Stormwater Permit. Prepared by (Signature) Stormwater and General Permits Superviso �..�01 Concurrence by Regional Office Date A "' erz-W-4 Water Quality Supervisor L✓ Date 0 iZ-0U R N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (90) 733-7015 Customer Service 1-877-623-6748 Regional Office Staff Comments