NCS000423_APPLICATION_20030310

STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
Afc!�-0 U
DOC TYPE
❑FIlNAL PERMIT
❑ /►1VNUAL REPORT
9/APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ � �� � � 3 l �
YYYYMMDD

e
State of North Carolina
Department of Environment & Natural Resources
Division of Water Quality
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 Small MS4 Stormwater
Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with
Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268) are both
required for the application package to be considered a complete application submittal. I plete application
submittals may be returned to the applicant,
I. APPLICANT STATUS INFORMATION
a.
Name of Public Entity
City of Concord
Seeking Permit Coverage
I
b.
Ownership Status (federal,
Local
2
0
E`
state or local
�y'�
c.
f Public Entity (
ywc
City
ton, county, prison,school,
etc.)H
d.
Federal Standard Industrial
SIC 91 - 97
Classification Code
e.
County(s)
Cabarrus
f.
Jurisdictional Area (square
53.56
miles
g.
Population
Permanent
55,977
Seasonal (if available)
h.
Ten-year Growth Rate
10.5%
i,
Located on Indian Lands?
❑ Yes ®No
II. RPE / MS4 SYSTEM INFORMATION
a.
__(square
Storm Sewer Service Area
miles
53.56
b.
-River Basin(s)
Yadkin
c.
Number of Primary Receiving
Streams
9
d.
Estimated percentage of jurisdictional area containing the following four land use activities:
•
Residential
35
•
Commercial
41
•
Industrial
13
•
Open Space
11
Total =
100%
e.
Are there significant water
quality issues listed in the
attached application repo rt?
® Yes ❑ No
SWU-264-103102
Page 1

NPDES RPE Stormwater Permit Application
I
III. EXISTING LOCAL WATER QUALITY PROGRAMS
a. Local Nutrient Sensitive Waters Strategy
❑ Yes ® No
b. Local Water Supply Watershed Program
® Yes ❑ No
c. Delegated Erosion and Sediment Control Program
❑ Yes ® No
d. CAMA Land Use Plan
❑ Yes ® No
IV. CO -PERMIT APPLICATION STATUS INFORMATION
(Complete this section only if co -permitting)
a. Do you intend to co -permit with
Ell Yes ® No
a permitted Phase I entity?
b. If so, provide the name and permit number of that entity:
• Name of Phase I MS4
• NPDES Permit Number
c. Do you intend to co -permit
❑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
erm ittees?
V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS
(If more than one, attach additional sheets)
a. Do you intend that another
entity perform one or more of
our permit obligations?
® Yes ❑ No
b. If yes, identify each entity and the element they will be implementing
• Name of Entity
Cabarrus County
• Element they will implement
Construction Site Runoff Controls
• Contact Person
Tony Johnson
• Contact Address
65 Church Street, Concord NC 28025
• Contact Telephone Number
[phone]
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
1
provided in the attached application report.
Page 2
SWU-264-103102

NPDES RPE Stormwater Permit Application
1
VIL SIGNING OFFICIAL'S STATEMENT
Please see the application instructions to determine who has signatory authority for this permit
application. If authority for the NPDES stormwater permit has been appropriately delegated through
board action and documented in this permit application, the person/position listed in Section VI above
may sign the official statement below.
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. 1 am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations.
Signature
! . 1 -- fif •�/�
Name
W. Brian Hiatt
Title
City Manager
Street Address
26 Union Street S Concord NC 28025
PO Box
PO Box 308 Concord NC 28026
city
Concord
State
NC
Zip
28025
Telephone
[phone]
Fax
[phone]
E-Mail
[e-mail]
VIII. MS4 CONTACT INFORMATION
Provide the following information for the person/position that will be responsible for day to day
implementation and oversight of the stormwater program.
a.
Name of Contact
Person
H. Allen Scott Jr.
b.
Title
Director of Environmental Services
c.
Street Address
850 Warren Coleman Blvd. Concord, NC 28025
d.
PO Box
PO Box 308 Concord, NC 28026
e.
City
Concord
f.
State
NC
g.
Zip
28025
h.
Telephone Number
(704)'920-5370
i.
Fax Number
[phone]
j.
E-Mail Address
[e-mail]
5WU-264-103102
Page 3

NPDES RPE Stormwater Permit Application
fl
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 fisted in Item VIII. If further space needed, attach additional sheets.
a. RCRA Hazardous Waste
Management Program
b. UIC program under SDWA
c. NPDES Wastewater Discharge
Permit Number
d. Prevention of Significant
Deterioration (PSD) Program
e. Non Attainment Program
f. National Emission Standards for
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
section 404 of CWA
NARRATIVE APPLICATION SUPPLEMENT; STORMWATER MANAGEMENT PROGRAM REPORT
Attach three copies of a comprehensive report detailing the proposed stormwater management program for
the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown
below. The required narrative information for each section is provided in the Instructions for Preparing the
Comprehensive 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.
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 QUALI-fY PROGRAMS
3.1. Local Programs
3.2. State programs
1
5WU-264-103102
1
TABLE OF CONTENTS
Page 4

NPDES RPE Stormwater Permit Application
4. PERMITTING INFORMATION
4.1. Responsible Party Contact List
4.2. Organizational Chart
4.3. Signing Official
4.4. Duly Authorized Representative
5. Co -Permitting Information (if applicable)
5.1. Co-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
1 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
I Page 5
SWU-264-103102

TABLE OF.CONTENTS
SECTION PAGE
1.0 STORM SEWER SYSTEM INFORMATION.......................................................I
l. l Population Served............................................................................................1
1.2 Growth Rate.....................................................................................................1
1.3 Jurisdictional and MS4 Service Area...........................................................1
1 A MS4 Conveyance System.............................................................................1
1.5 Land Use Composition Estimates................................................................2
1.6 Estimate Methodology........................................•..........................2
1.7 TMDL Identification....................................................................................2
2.0 RECEIVING STREAMS..........................................................................................5
3.0 EXISTING WATER QUALITY PROGRAMS.....................................................6
3.1 Local Programs................................................................................................6
3.2 State Programs ................................................... :...................................... I ....... 7
4.0 PERMITTING INFORMATION............................................................................8
4.1 Responsible Party Contact List...:....................................................................8
4.2 Organizational Chart ............................................. ..............................9
4.3 Signing Official................................................................................................9
4.4 Duly Authorized Representative......................................................................9
5.0 CO -PERMITTING INFORMATION (NOT APPLICABLE)...........................10
6.0 RELIANCE ON OTHER GOVERNMENT ENTITY........................................11
6.1 Name of Entity•..............................................................................................1 1
6.2 Measure Implemented....................................................................................11
6.3 Contact Information.......................................................................................11
6.4 Legal Agreements.......................................................................................... I I
7.0 STORMWATER MANAGEMENT PLAN..........................................................12
7.1 Public Education and Outreach on Storm Water Impacts .............................12
7.2 Public Involvement and Participation............................................................16
7.3 Illicit Discharge Detection and Elimination..................................................21
7.4 Construction Site Stormwater Runoff Control..............................................26
7.5 Post -Construction Storm Water Management in New Development and
Redevelopment...............................................................................................27
7.6 Pollution Prevention/Good Housekeeping for Municipal Operations ..........32
Appendix A Resolution Adopting Cabarrus County Erosion & Sedimentation Control Program
Appendix B Draft Stormwater Quality Management And Discharge Control Ordinance
Concord Comprehensive Stormwater i March 2003
Management Program Report

LIST OF TABLES
TABLE I PAGE
1.1
Storm Sewer Composition by Basin............................................................................2
2.1
Receiving Streams of the Concord Service Area ................. :.......................................
5
4.1
Contact Information for Responsible Parties...............................................................8
4.2
Contact Information for Signing Official.....................................................................9
6.1
Contact Information for Responsible Party ................................................................11
7.1
BMP Summary Table of Public Education and Outreach.........................................13
7.2
BMP Summary Table for Public Involvement and Participation .............................17
7.3
Stakeholder Committee Agendas...............................................................................18
7.4
Stakeholder Committee Members..............................................................................18
7.5
Technical Committee Members.................................................................................19
7.6
BMP Summary Table for Illicit Discharge Detection and Elimination Program
...... 22
7.7
BMP Summary Table for Post -Construction Stormwater Management in New
Development and Redevelopment............................................................................28
7.8
Post -Construction Controls Implementation Schedule..............................................31
7.9
BMP Summary Table for Pollution Prevention and Good Housekeeping................33
LIST OF FIGURES
FIGURE PAGE
1.1 Concord Population Density .........................................................................................3
1.2 Concord Drainage Density ...........................................................................I...I...........4
4.1 Organization Chart for the Stormwater Management Program...................................9
7.1 Cabarrus County Discharge Sites..........................................................................34
7.2 Concord Facilities........................................................................ .------.---......38
Concord Comprehensive Stormwater ii March 2003
Management Program Report

1.0 STORM SEWER SYSTEM INFORMATION
1 1.1 Population Served
' The United States Census reports a permanent population of 55,977 in City of
Concord (City), North Carolina in 2000. The City does not experience significant
seasonal changes in population.
1.2 Growth Rate
The City is experiencing significant growth in population and area. The annual
growth rate for the last 10 years is 10.5 percent. However, this growth rate is
highly related to the expansion of City boundaries as described in Section 1.3.
The City's population in 1990 was 27,347 but its area was nearly half of its
current jurisdiction. Figure 1.1 on page 3 displays the Concord Population
Density in persons per acre.
1.3 Jurisdictional and MS4 Service Area
The City has experienced significant growth in its service area the last 20 years.
The current jurisdictional and MS4 service area for the City is 53.56 square miles.
The City has 2.56 square miles of extra territorial jurisdiction (ETJ). No
additional ETJ's are expected to be granted by the county.
1.4 MS4 Conveyance System
The City is currently completing a service area wide;inventory and mapping of its
MS4 conveyance system. With 90 percent of the inventory completed, the City
has surveyed over 5,400 collection structures, such as catch basins and inlets and
approximately 7,500 storm sewer pipes in the public right-of-way (ROW). Also,
the inventory has identified 260 constructed conveyance channels or ditches.
Figure 1.2, on page 4, displays the Concord Drainage Density in feet of pipe per
acre and Table 1.1 on the next page disaggregates the Storm Sewer Compositions
by Basin.
An important part of the inventory was the evaluation of the condition of these
structures and pipes by the field surveyors. Less than five percent of the surveyed
structures and less than two percent of the pipes were judged to be "poor" or
"inoperable". Also, approximately 7 percent of the pipes were determined to be
more than 50 percent obstructed with debris or sediment. The City performs
routine maintenance and repairs on the MS4 in the public ROW on an as -needed
basis.
Concord Comprehensive Stormwater I March 2003
Management Program Report

Table 1.1
Storm Sewer Compositions by Basin
Basin Name
Basin ID
Structure
Count
Pipe
Count
Pipe
Miles
Rocky River
03040105010030
379
481
10.2
Rocky River
03040105010040
13
17
0.5
Rocky River
03040105010050
38
53
0.8
Coddle Creek
03040105020010
1314
1781
30.7
Threemile Branch -Cold Water
Creek
03040105020020
1487
2004
31.1
Little Coldwater Creek
03040105020030
11
17
0.2
Irish Buffalo Creek
03040105020040
2222
3210
45.8
Total
5464
7563
119.3
1.5 Land Use Composition Estimates
The Land Use Composition for the City is estimated to be 35 percent - residential,
41 percent - commercial, 13 percent - industrial, and l I percent - open space.
1.6 Estimate Methodology
The Land Use Composition for the City was estimated using Geographic
Information System (G1S) software and land use data from the City's GIS staff.
The land use data was reclassified into the appropriate groups based on older,
more detailed classifications. Totals of each group were calculated in ArcView
and divided by the total jurisdictional area to obtain percentages.
1.7 Total Maximum Daily Load (TMDL) Identification
There are no TMDL designated streams within the City's MS4 service area.
Concord Comprehensive Stormwater 2 March 2003
Management Program Report

?
03 010502,m
ev
r
03040105020010
03040105010030
4
Q�
0304010501 W
0304MMMOSO
�p Nq
Figure 1.1
Concord Population Density
(Persons/Acre)
NX NC 73 WY
)30401050200:�'
0 2 10 4 0 1, fOSO"!;
030401 D5020040
05020010
J
0 2 4 Miles
m I
L i
Major Roads
Concord
Hydraulic Unit
Census 2000 Density
-----0-3
3 - 10
10 - 50
> 50
Cabarrus County

i
Figure 1.2
Concord Drainage Density
(Feet of Pipe/Acre)
HWy
0304010
i
r »"
4 + J E
_ 4 f
S1 ' NC 73.IIWY
Y 13040105020a.
030401050200i0:.y?J~ 49
04010f
r 03040105020040�
. /V Major Roads
r � ? 03040 05020010
[] Concord
03040105010050 03040105020010 Hydraulic Unit
a°pg Drainage Density
0-10
10 - 50
34,970501 50 -100
100 - 200
200 - 300
0 2 4 Miles - 300 - 500
0
Cabarrus County
i• � e s � 0 r � � � � � � � � I� � iili� �

= s M r M M M IMs M a .= = M s== =
2.0 RECEIVING STREAMS
Table 2.1 below illustrates the receiving streams of the City's service area.
Table 2.1
Receiving Streams of the City's Service Area
Receiving Stream
Steam Segment
Water Quality
_.Use Support
Quality Issues
Name
Classification
RatingWater
Rocky River
13-17
C
Impaired
Newly impaired waters of the Yadkin -Pee Dee River
Basinwide Draft Water . Quality Plan, listed for
biological impairment due to sediment, high turbidity,
and fecal coliform.
Coddle Creek
13-17-6-(5.5)
C
Impaired
Newly impaired waters of the Yadkin -Pee Dee River
Basinwide Draft Water Quality Plan, listed for
biolo ical impairment due to sediment.
Afton Run
13-17-6-6
C
Supporting
None
Wolf Meadow Branch
13-17-6-7
C
Supporting
None
Irish Buffalo Creek
13-17-9 2
C
Supporting
None
Unnamed Tributary to
13-17-9-2(3)
C
Supporting
None
Cold Water Creek
Funderburks Lake
13-17-9-3
C
Supporting
None
Cold Water Creek
13-17-9-4 1.5
C
Supporting
None
Threemile Branch
13=17-9=4-5
C
Su ortin
'None
Concord Comprehensive Stormwater 5 March 2003
Management Program Report

3.0 EXISTING WATER QUALITY PROGRAMS
3.1 Local Programs
The City is a participant in the Water Supply Watershed Protection Program and
' has the necessary controls in place to meet these regulations. Lake Concord,
which lies within the City's MS4 service area, is a WS-IV CA classified
watershed. The measures outlined in the Unified Development Ordinance (UDO)
' include limitations on development, employment of Best Management Practices
(BMPs) and riparian buffers, and prohibited uses in the overlay districts.
Development regulations include 20,000 square feet of minimum land per
' dwelling unit, a maximum of two units per acre, and a maximum built -upon area
of 24 percent. Prohibited uses for the overlay district include new sites for land
application of residual, petroleum contaminated soils, landfills, and uses involving
the storage of toxic and hazardous materials unless a spill containment plan is
implemented.
' A stream buffer measure is included in the River/Stream Overlay District section
of the UDO. The measure calls for "buffers to be retained in their natural
vegetated, revegetated, or reforested state". The stream buffers are to be
' established on both sides of perennial streams indicated as a solid blue line on the
most recent 7.5-minute United States Geological Survey (USGS) topographic
maps. The width of the buffer, measured perpendicular from the average annual
' stream bank, includes a distance 50 feet plus four times the average percent slope
of the area adjacent to the stream. The average slope is calculated over a distance
of 250 feet perpendicular to the center of the stream. The maximum required
buffer width may not exceed 120 feet from the edge of the stream. There is a 20
feet no built upon area adjacent to the buffer. Currently, there are no measures for
stream buffers on intermittent streams in the City, however our draft stormwater
' ordinance establishes buffers on intermittent streams.
Stormwater control regulations are summarized in the Environmental Controls
' Regulations section of the UDO. The policy states that all proposed site plans,
except single- and two-family dwellings and residential subdivisions that will
e exceed 20,000 square feet of impervious coverage are required to mitigate the
impacts of the design storm rainfall. The post development runoff rate for the l-
and 10-year design storm conditions must be detained to pre -development levels,
unless a maximum discharge rate was adopted for the applicable drainage basin.
Currently, there are no measures for treating the runoff for pollutants.
I
Concord Comprehensive Stormwater 6 March 2003
Management Program Report

3.2 State Programs
Rocky River (HUC #03040105010030) and Coddle Creek (HUC
#03040105020010) are being added to the North Carolina Wetland Restoration
Program (NCWRP) Local Watershed Planning project list this year. Both
subbasins will be given higher priority than non -targeted watershed for restoration
efforts.
Concord Comprehensive Stormwater 7 March 2003
Management Program Report

4.0 PERMITTING INFORMATION
4.1 Responsible Party Contact List
Table 4.1
Contact Information for Responsible Parties
Phone Nuib"6ir-.
Contact Name
Fax Number
Control.Measure
Position Title
Email Address
Illicit Discharge Detection
and Elimination
Allen Scott
[phone]
Public Involvement and
Participation
Director of
Environmental Services
[phone]
Post Construction Runoff
Controls
and Stormwater
Administrator
[e-mail]
Tony Johnson
[phone]
Construction Site Runoff
Controls
Erosion and Sediment
{704) 920-2144
Control Director
[e-mail]
Annette Privette-Darnell
[phone]
Public Education and
Outreach
Public Information
[phone]
Officer
[e-mail]
Concord Comprehensive Stormwater 8 March 2003
Management Program Report

4.2 Organizational Chart
Figure 4.1
Organizational Chart for the Stormwater Management Program
Scott Padgett
Concord Mayor
Darrell Layton
Superintendent
John Newsome
Field Technican
W. Brian Hiatt
Sam Misenheimer
Director of Infrastructure
Allen Scott
Director of
Environmental Services/
Stormwater Administrator
Randy Plummer
Stormwater Enaineer
Jeff Davis
Field Technican
ity Counc
Vickie Weant
City Clerk
Annette Privette-Darnell
Public Information
Officer
Margaret Ritchie
Clerical
4.3 Signing Official City Manager
City Council has directed W. Brian Hiatt, the City Manager as the signing official
for the NPDES Stormwater permit application. His contact information is outlined
in Table 4.2 below.
Table 4.2
Contact Information for Signing Official
Phone Number
Name
Address
Fax Number
W. Brian Hiatt
PO Box 308
Concord NC 28026
[phone]
[phone]
4.4 Duly Authorized Representative (Not Applicable)
Concord Comprehensive Stormwater 9 March 2003
Management Program Report

' 5.0 CO -PERMITTING INFORMATION (NOT APPLICABLE).
1
Concord Comprehensive Stormwater 10
1 Management Program Report
March 2003

6.0 RELIANCE ON OTHER GOVERNMENT ENTITY
6.1 Name of Entity
Cabarrus County.
6.2 Measure Implemented
Construction Site Runoff Control.
6.3 Contact Information
Table 6.1
Contact Information for Responsible Party
Name
Address
•
Phone Number
i
65 Church Street
Tony Johnson
Concord NC 28025
[phone]
6.4 Legal Agreements
Effective January 1, 1998, the City entered in agreement by resolution for services
of soil erosion and sedimentation control from Cabarrus County. The City
adopted the Cabarrus County Soil Erosion and Sedimentation Control Ordinance
on January 8, 1998. This resolution directs Cabarrus County to provide personnel
to enforce the above -mentioned ordinance within the corporate limits of Concord.
A copy of this resolution is presented in Appendix A.
Concord Comprehensive Stormwater 1 1 March 2003
Management Program Report

' 7.0 STORMWATER MANAGEMENT PLAN
7.1 Public Education and Outreach on Storm Water Impacts
7.1.1 BMP Summary Table
' Table 7.1 on page 13 lists the BMP Summary Table for this stormwater
program measure.
7.1.1 Target Audience
' The target audience for the City's public education and outreach program
is a diverse group of citizens who share the range of impact on
stormwater. Public education materials and activities will be directed
' towards industry, commercial business, and developers. The purpose in
reaching this sector will be to reaffirm their knowledge in proper waste
disposal compliance and facility/site management and operation. This is a
group where substantial awareness can lead to major improvements in the
environment. The middle target audience includes homeowners, small
business operators, and the general public. Education efforts at this level
' will focus on awareness of stormwater management, proper disposal of
common pollutants, and good housekeeping and pollution prevention on
one's property. This sector must realize that their contributions may be
' minimal but that their collective effort produces the maximum result.
Education efforts must also be focused towards youths to develop better
environmentally aware and compliant citizens from the start.
7.1.2 Target Pollutant Sources
Several pollutant sources have been identified for the concentration of
education efforts. These pollutant sources are categorized as household
wastes (oil, detergents, paints, and solvents), commercial waste, land
application pollutants (fertilizers, pesticides, and herbicides), and
organic/land derived pollutants (leaves, grass, sediment, and fecal
' coliform). These sources have been identified for their frequent use or
appearance in the lives of the identified target audience. These sources are
also highly controllable with the education'of citizens on proper waste
disposal procedures, knowledge on the use and function of a storm sewer
system, and the recommendation of non -threatening products and
procedures like biodegradable products or composting.
Concord Comprehensive Stormwater 12 March 2003
' Management Program Report

M M M! M M i M= M= M= M M B M M
Table 7.1
BMP Summary Table of Public Education and Outreach
\o.
BMP
Measurable Goal
Year
Year
Year
Year
Year
Responsible Party/Person
1
2
3
4
5
1
Publish the number for the
Published via Stormwater Webpage, Utility Bill
X
X
X
X
X
Stormwater Administrator
environmental hotline
Inserts and other venues
2
Resident information
Improved content of stormwater information
1
2
2
2
2
Stormwater Administrator
workshops called Concord 101
presented to workshop participants. Units of
measure in number of events hosted
3
Civic forums and seminars
Units of measure in number of events hosted
2
2
2
2
2
Stormwater Administrator
with stormwater content
presented by staff and SWSC
members
4
Develop and host a
Number of practical home and business best
4
2
2
2
2
Stormwater Administrator/Public
stormwater website
management guides added annually
Information Officer
5
Cable television stormwater
Units of measures in number of different public
2
4
6
6
6
Public Information Officer
public service announcements
service announcements shown
6
Host stormwater program for
Units of measure in number of events hosted
2
2
3
3
4
Stormwater Administrator/Public
cit staff workshop
Information Officer
7
Business and Developer
Units of measure in number of events hosted
2
1
1
1
1
Stormwater Administrator
Community Workshop
8
Environmental Education
Units of measure in number of events hosted
5
5
6
6
7
Stormwater Administrator
Outreach for 3`a grade students
9
Youth Council
Units of measure in number of events hosted
1
2
2
2
2
Public Information Officer
10
Informational stormwater
Units of measure in grates installed
0
200
400
400
400
Stormwater Administrator
rates
1 i
Utility bill inserts with lawn
Units of measure in inserts. distributed
0
30k
30k
60k
60k
Public Information Officer
care/car wash and other BMP
descriptions
12
New resident information
Units of measure in packages distributed
0
0
200
400
400
Stormwater Administrator
packages
X — denotes items to be completed without other measure.
Concord Comprehensive Stormwater 13 March 2003
Management Program Report

' 7.1.3 Outreach Program
The community will be informed about stormwater pollution in a variety
of ways. The outreach program will use utility bill inserts and new
resident information packages to educate homeowners about lawn care/car
' washing BMPs, proper household waste disposal, and other BMPs that can
be started at home. A recent survey prepared for the City by Dr. Paul
Friday of the University of North Carolina at Charlotte shows that utility
bill inserts would be a preferable and effective means of communication in
Concord. Public service announcements on cable television system will
reinforce these suggested BMPs and promote greater awareness of
' stormwater protection. Strategic airing of the public service
announcements may also serve as a invitations for community activities
like stream clean ups. Educational seminars will be held for local
developers, engineers, 3`a grade students, civic organizations, and
businesses to inform them of the new requirements. A website will be
developed that will contain information on stormwater and BMP's for the
general public.
7.1.4 Decision Process `
The decision process for the City's public education and outreach program
focuses on four important objectives: diversity of audience, variety of
program BMPs, timing of implementation, and strengthening of existing
programs. Participants will develop a sense; of inclusion and concern for
' the program when provided with an activity or educational opportunity.
This community feeling creates a better compliance and holistic support
for the City's program. In advisory meetings, discussed in Section 7.2
' Public Participation/Involvement, the Technical and Stakeholder groups,
the committee members suggested the strengthening of existing
educational programs in Concord and Cabarrus County. They identified
several programs that given more attention could better serve the
community.
' 7.1.5 Evaluation
The public education and outreach program will have very attainable and
measurable goals. BMPs that include the circulation of items like utility
bill inserts and distribution packages can be calculated. The workshops
and seminars for the general public, business and development
community, and students have measurable goals computed in number of
events held. The variety in number of public service announcements will
serve as its target. Informational storm water grates added to the storm
sewers can be counted and documented in the inventory, while the
Concord Comprehensive Stormwater 14 March 2003
Management Program Report

r
stormwater website will frequently provide a variety of printable BMP
guides for the community to download. A counter will be placed on the
stormwater web page to track the volume of hits on the page. Periodic
surveying of the citizens, such as the aforementioned conducted by Dr.
Friday, will help the stormwater staff in identifying the most effective
outreach mechanisms and their concentrations. This will allow the
stormwater staff to streamline this aspect of the Phase 11 regulations and
locate areas of the City where more attention -can be focused. In the later
part of the permit period, a spatial analysis may be performed correlating
outreach and education activities with number of illicit discharges or
reduction thereof.
Concord Comprehensive Stormwater
Management Program Report
15
March 2003

7.2 Public Involvement and Participation
1 7.2.1 BMP Summary Table
Table 7.2 on page 17 lists the BMP Summary Table for this stormwater
program measure.
1 7.2.2 Target Audience
The City will target a diverse audience to incorporate in many activities of
their program. It is necessary to involve all ages of citizens and include
people from all sectors, residential, educational, municipal, commercial,
' institutional, and industrial. The identified target audiences for the City
include: K-12 students (emphasis on elementary grades), youth civic
organizations, homeowners and homeowner associations, real estate and
commercial developers, small business owners, -commercial business
operators, municipal employees, and industry. The City will also make an
effort where necessary to accommodate non-English speaking residents
' through bi-lingual communication.
7.2.3 Participation Program
Stormwater Stakeholder and Technical Advisory Committees (Stakeholder
Committee and Technical Committee) were formed in November 2002 to
initiate the public involvement requirement. The Stakeholder Committee
' met every other week during this time and the meetings were announced
and open to the public. In the meetings, the Stakeholder Committee was
charged with making decisions on the details of the ordinances and
' program elements, like public education and; post construction controls.
The Stakeholder Committee also provided questions and feedback for the
Technical Committee to research and answer. The Stakeholder
Committee consisted of elected officials from the various jurisdictions in
Cabarrus County and citizens representing diverse groups such as farmers,
homemakers, commercial developers, building industry,
business/manufacturing, environmental business, engineers, and planners.
Tables 7.3 and 7.4 on page 18 displays the Stakeholder Committee Topics
and Members.
The Technical Committee's role was to establish agendas for the
Stakeholders Committee's meetings, provide technical assistance, and
' verify that all suggested measures were to comply with current regulations
and government vision. This Committee consisted of municipal
employees from Concord, Cabarrus County, Harrisburg, and Kannapolis.
Their technical backgrounds include engineering, planning, public safety,
government administration, and environmental education. Table 7.5 on
page 19 lists Technical Committee Members.
Concord Comprehensive Stormwater 16 March 2003
' Management Program Report

S M Ml i M v S M = M = = S = = = M
Table 7.2
BMP Summary Table for Public Involvement and Participation
No.
BMP
Measurable Goal
Year
Year
Year
Year
Year
Responsible
1
2
3
4
S
Par/Person
Stakeholder Stormwater Advisory
Continue Stakeholder Stormwater Advisory
4
4
4
4
4
Stormwater Administrator
Committee
Committee process. Units of measure in annual
meetin s
2
Technical Stormwater Advisory
Continue Technical Stormwater Advisory
4
4
4
4
4
Stormwater Administrator
Committee
Committee process. Units of measure in annual
meetings
3
Big Sweep — stream clean up
Participate in promoting
X
X
X
X
X
Stormwater Administrator
activity
4
Storm Drain Sentries Program — a
Participate in promoting
X
X
X
X
X
Stormwater Administrator
storm drain stenciling activity
Concord Comprehensive Stormwater 17 March 2003
Management Program Report

Table 7.3 Stakeholder Committee Topics
Meeting
Topics Discussed
Date
1
Overview of NPDES Phase II Stormwater Rules
11 /7/2002
2
Review of NC Temporary Rules for Post -Construction Runoff
1 1 /19/2002
Minimum Measures
3
Recommendation of NPDES Phase II Ordinance Implications
12/10/2002
4
Sedimentation and Erosion Control Minimum Measure,
Recommendations for Public Education and Involvement
1/14/2003
5
Review of draft Stormwater Ordinance and overview of Illicit
1 /28/2003
Discharge Minimum Control Measure
6
Review of executive summary of Concord's stormwatcr program to be
presented to City Council.
Agreement on final recommendation for buffers along intermittent
2/4/2003
streams.
Table 7.4 Stakeholder Committee Members
Name
Affiliate
! Group.. .
Mike Quickel
Quickel Development
Building Industry
Mary Jo Press
Phillip Morris
Business/Industrial
Bill Cochran
W. Earl Cochran and Son Engineering
Local Engineering/Surveying
Richard Baker
Duke Energy
Environmental
Leonard Sossamon
Hunter & Brown Inc.
Commercial Developer
Richard Flowe
N Focus
Envision Cabarrus
Randy Fisher
Dairy Farmer
Agricultural
Judy Graber
Homemaker
Extension Community
Irvin Newberry
Newberry, Cathey and Co.
Chamber of Commerce
Carl Hill
Cabarrus County
Plannin Board Member
Eric Hefner
Cabarrus County
Appointed Member
Allen Small
City of Concord
Council Member
Jewett Walker
City of Concord
Appointed Member
John Murdock
WSACC
Director
Phil Cowherd
Town of Harrisburg
Council Member
Bob Misenhiemer
Cit of Kanna olis
Council Member
Mike Lowder
City of Kanna olis
Aepointed Member
Concord Comprehensive Stormwater 18 March 2003
Management Program Report

Table 7.5 Technical Committee Members
Name
Affiliate
Group
Ai
Allen Scott
City of Concord
Environmental Services
Randy Plummer
City of Concord
Environmental Services
Allison McGrath
City of Concord
Planning
—Stacy Rothfuss
City of Concord
Planning
Rick Blat
City of Concord
Engineering
Joni Cardin
City of Concord
Engineering
Jim Sells
City of Concord
Fire Department
Johnathan Marshall
Cabarrus County
Planning
—Rodger Lentz
Cabarrus County
Planning
Tony Johnson
Cabarrus County
Soil and Erosion
Dennis Testerman
Cabarrus County
Soil and Water District
Larty Boahn
City of Kanna olis
Stormwater
Marshall Downey
Benchmark Planning
Planning
Van Rowell
WSACC
Engineering
Jeff Davis
WSACC
En Tineerin T
Patrick Biandford
HDR Engineering, Inc
Consultant Concord
Marshall Taylor
HDR Engineering, Inc
Consultant Concord
Steven Fraumbach
AM EC
Consultant Kanna olis
WSACC-Water and Sewer Authority of Cabarrus County
As the program is implemented, it will be necessary to continue to receive
public comments, evaluations, and recommendations from the Stakeholder
Committee to refine and improve services: These committees will
continue to meet beyond the permit application date in the manner
befitting the stormwater program and committee participants.
Several activities will serve as both educating opportunities and public
participation events for the public. At the suggestion of the Technical and
Stakeholder Committee, the Big Sweep and Storm Drain Sentries will be
enhanced and expanded beyond their current levels.
7.2.4 Decision Process
The City envisions a successful stormwater program as one that provides
the benefactors the opportunity to contribute and participate in a program
of their design. Crafting the perspective of a program developed by its
service constituents will encourage more participation than one handed
down and mandated by .local government. While there are certain
mandatory measures to be achieved in the Phase II permit, there is much
latitude in how to reach these goals and it is the public's responsibility to
shape their program to their community's needs. The City will continue to
engage in an advisory committee dialogue. The stonnwater program will
Concord Comprehensive Stormwater 19 March 2003
' Management Program Report

also create a variety of hands-on activities for all citizens to learn and
contribute in improving stormwater in their community.
The advisory committee process has helped in soliciting ideas on the level
of service wanted by the public. This process assisted in deciding post
control and illicit discharge policies to be added to the "Stormwater
Quality Management and Discharge Control Ordinance" (Stormwater
Ordinance). The Technical Committee was instrumental in resolving
concerns that traversed disciplines, such as planning, engineering, and
administration, where the need to share one's expert background was
necessary. A measurable goal of this process will be continuing the
meetings on a regular but less frequent basis for the refining of services
based on public evaluation.
The Stormwater staff views the importance of embracing representatives
from all municipalities in and including' Cabarrus County in these
meetings. Many of these jurisdictions share service borders and
hydrological basins, so it is necessary to coordinate on a common regional
vision for stormwater management. Doing so will assist in sharing
resources and alleviating inconsistency in service along jurisdictional
lines. It is also important to reach out to a variety of stakeholders and
disciplines in selecting these committees. Their comments and decisions
will filter down to program elements tailored to the citizens they represent.
7.2.5 Evaluation
The evaluation of the suggested BMPs for .the public participation and
involvement element will be judged on the increase of participation of the
volunteers and the regular continuance of the advisory committees.
Increases in volunteers equate to more of miles of the City's streams
cleaned up and more drains labeled to improve awareness of proper waste
disposal. As mentioned before, the stormwater advisory committees will
continue to meet on a less frequent but regular basis.
Concord Comprehensive Stormwater 20 March 2003
Management Program Report

7.3 Illicit Discharge Detection and Elimination
7.3.1 BMP Summary Table
Table 7.6 on page 22 lists the BMP Summary Table for this stormwater
program measure.
7.3.2 Storm Sewer System Map
The City hired the services of HDR Engineering, Inc. of the Carolinas'
(HDR) Charlotte office to perform an inventory of their storm sewer
system. The storm sewer infrastructure was surveyed with a mobile
Global Positioning System (GPS) receiver and the characteristics of the
system were attributed with a pentop computer. Structures, such 'as catch
basins, drop inlets, manholes, pipe outfalls, etc were surveyed for GPS
coordinates and attributed for their condition, material, structure depth,
pipe depth, etc. Pipes were attributed for many of the same characteristics
but also included descriptions on their entrance and exit features as well as
their diameter and geometry. This inventory included systems existing or
beginning only in the public ROW and followed the systems to outfalls on
receiving streams. The City will continue arid maintain its MS4 system
inventory through the NPDES permit years.
The compOiled attribute data and coordinates were transformed into an
ArcViewshape files for the City. The City will require through the
Storrrtwater Ordinance (draft shown in Appendix B) that owners of new
development submit their storm sewer system in this GIS format for easy
updating with the master shape file and database. Procedures for this
requirement will be developed for the benefit of the citizens and to assure
consistency across the City and from owner to owner. If the owner does
not choose or does not have the capability to perform this procedure, the
City will offer this service to them for a established fee or rate.
7.3.3 Regulatory Mechanism
Illicit discharge prohibition is addressed in Section 2 of the City's draft
Stormwater Ordinance. The Stormwater Ordinance defines and prohibits
non-stormwater illicit discharges from being released into the City's MS4
or receiving waters, allows for inspection, and elimination of these
discharges. This ordinance is tentatively scheduled to be in effect on
September 11, 2003
Concord Comprehensive Stormwater 21 March 2003
Management Program Report

M M Ml M ■s Ml s a M M M M M M M Ml M M M
Table 7.6
BMP Summary Table for Illicit Discharge Detection and Elimination Program
Year
Year
Year
Year
Year
Responsible
No.
BiV1P
Measurable Goal
1
2
3
4
5
Party/Person
l
Develop the procedures for mapping
Agreement by Technical Committee on procedure and
X
Stormwater Administrator
the highest p ority areas
ranking of highest priority areas and survey schedule
2
Develop the field survey methods for
Identify all equipment and material required. Purchase
X
Stormwater Administrator
illicit discharge detection
required equipment and materials prior to end of the
first implementation year
3
Include provisions in the Stormwater
Adopt and begin enforcing the measures of the
X
X
X
X
X
Stormwater Administrator
Ordinance for the prohibition of illicit
Stormwater Ordinance
connections and illegal discharges
4
Establish the City's environmental
Operate a 365-day/24-hour environmental concerns
X
X
X
X
X
Stormwater Administrator
concern hotline response to reports
hotline through the Concord Call Center. Respond to
90% of calls within 24 hours.
5
Conduct pilot survey of illicit
Survey at least 5 miles of stream and stormwater
X
Stormwater Administrator
discharges in selected basins to
infrastructure using dry weather screening, quality
evaluate and refine procedures
monitoring, and video inspection
6
Train stormwater staff on procedures
Units of measure in staff trained
3
Stormwater Administrator
for investigating illegal discharges and
e ui ment use
7
Frain fire inspectors in how to discover
Units of measure in fire inspectors trained
5
5
Stormwater Administrator
and report illicit discharges or
connections they encounter during
annual ins ections
8
Perform illicit discharge surveys, dry
Units of measure in percentage of total system
15
25
30
30
Stormwater Administrator
weathering screening, video pipe
surveyed
and Field Technicians
inspection, onsite sewage systems
ins ectian and ambient monitoring
X — denotes items to be com leted without
other measure
Concord Comprehensive Stormwater 22 March 2003
Management Program Report

7.3.4 Enforcement
The enforcement plan will include a two -stage process. The first phase is
a public education period for the citizens about the illicit discharge
program, its inherent regulations in the Stormwater Ordinance, and the
impacts of its disregard and violation. In September 2004, a full year after
the adoption of the Stormwater Ordinance, the staff will begin full
enforcement of its ordinance, serving notices, warnings, and civil penalties
as outlined in the Storrriwater Ordinance. This process is appropriate in
providing; ample time for citizen awareness of a program that can carry
serious implications.
7.3.5 Detection and Elimination
Stormwater staff will attempt to locate facilities, homes, or properties that
are unlawfully discharging into the City's MS4. The Stonmwater
Ordinance grants the stormwater staff the right to enter a private property
and to further investigate, monitor, test, or sample discharges from the
property, in order to confirm a violation. In the event that illegal
discharge is detected the owner will be notified of the detected illegal
discharge with remedial action to be taken and a time frame to complete.
In the first permit year of the Illicit Discharge Detection and Elimination
Program, stormwater staff will concentrate on locating the highest priority
areas and developing field survey methods to locate sources. Some
analysis will involve overlaying datasets like NPDES wastewater
discharges, industrial land use density, and older development density to
amass probable areas. Other analysis will highlight areas of repetitive
citizen's complaints, water quality violations, and stream impairment. The
City will utilize its Call Center to host a 24-hour, 7-day environmental
concerns hotline. This hotline will field illegal discharge/dumping and
spill reports, which will be of assistance in classifying high priority areas.
With high priority areas identified, stormwater staff will perform a
preliminary stage of illicit discharge surveying.
The City will use several methods and tools in determining a source of an
illegal discharge. The storm sewer inventory will serve as the most
valuable tool for locating illegal discharges. The blueprint of drainage for
the City will enable staff to back track discharges along storm sewer lines
and through structures to the probable property of the illegal discharge. In
certain situations this information can be confirmed further with illicit
connection reports completed by Eire Safety inspection staff. The City will
also use dry weather screening, on -site chemical monitoring, on -site
sewage disposal system inspection, and video pipe inspection, as reliable
means of linking sources with discharges.
Concord Comprehensive Stormwater 23 March 2003
Management Program Report

The fire safety staff that performs annual and biannual building code
inspections will also be trained to identify and report illicit connections for
potential discharges. By allowing fire safety staff to inspect for illicit
connections while performing their annual inspection, the stormwater
program gains valuable assistance of inspection staff on private property
that would otherwise require another visit by.the stormwater staff. The fire
safety staff may also be trained to provide an informal warning to potential
violators. This BMP capitalizes on other City resources and adds an
additional line of notification to the violator.
The amount (in feet) and percentage of the total storm sewer system
surveyed by video inspection; the number and percentage .of dry weather
outfall inspections; and the number of illegal discharges detected and
1 eliminated will be tracked to evaluate the program.
7.3.6 Non-Stormwater Discharges
The Stormwater Ordinance lists several non-stormwater discharges that
Lwhen properly managed to ensure that no potential pollutants are present,
can be discharged into the MS4 and waters of Concord. They include
potable water line flushing, uncontaminated pumped groundwater and
other discharges from potable water sources, landscape irrigation and lawn
watering, diverted stream flows, rising groundwater, groundwater
infiltration to the storm drain system, uncontaminated foundation and
footing drains, uncontaminated water from crawl space pumps, air
conditioning condensation, springs, occasional individual residential car
washing, flows from riparian habitats and wetlands, dechlorinated
swimming pool discharges, street wash waters, and flows from fire
fighting.
7.3.7 Other Incidental Stormwater Discharges
The City will consider two other non-stormwater discharges not
mentioned in the State's list of accepted non-stormwater discharges as
incidental stormwater discharges. Discharges from uncontaminated roof
drains and occasional non-commercial car washing will be provided as
accepted non-stormwatcr discharges in the draft Stormwater Ordinance.
The City will control the frequency and/or location to sensitive water
bodies of these activities and implement or require BMPs where
necessary.
7.3.8 Outreach
The, Stakeholder Committee stressed the importance of a grace period on
illicit discharge enforcement for time to concentrate public education
Concord Comprehensive Stormwater 24 March 2003
Management Program Report

efforts. Several public education and good housekeeping elements will be
' dedicated to educating citizens and employees about the environmental
impacts of illicit connections. Cable television spots, utility bill inserts,
workshops for business, industry, and homeowner groups will provide an
e effective and broad line of communication to citizens and business
operators, encouraging them to address illicit connections before they
become a liability. As previously mentioned, the fire safety staff can also
serve as messengers when performing their regular building inspections.
7.3.9 Decision Process
The City's main objectives of an Illicit Discharge Detection and
Elimination Program are the storm sewer system mapping component, an
ordinance that prohibits discharge of pollutants, and a program to enforce
the prohibitions. These three components grant the City an effective and
' legal means of removing illicit connections and preventing illegal
discharges in light of voluntary public participation.
The components are strategically scheduled to build off of each other as
they are implemented. The storm sewer inventory will be completed as the
Stormwater Ordinance is adopted. The grace period for enforcement will
allow staff members to practice and evaluate illegal discharge screening
methods before full enforcement ensues. Areas of high priority will be
identified so that they will be addressed at the onset of the inspection
program creating an instant impact. All components will come together in
the second permit year creating a cohesive inspection and enforcement
program.
All stormwater staff will be involved heavily in the daily operations of the
Illicit Discharge Detection and Elimination Program. The Stormwater
Administrator and Engineer will 'ensure the adoption and enforcement of
the Stormwater Ordinance and its prohibitions on illicit connections and
discharges. The Field Technicians, under the training and guidance of the
Stormwater Engineer and Superintendent, will perform inspections and
investigative work. The Public Information Officer, as well as others, will
be charged with educating the public on the 'impacts of illicit discharges
and their liability.
7.3.10 Evaluation
The City will evaluate the success of this control measure by comparing
the percentage of storm drain surveyed annually versus our goal for each
year. The City will also ensure that 100% of illegal discharges detected are
pursued for corrective actions.
Concord Comprehensive Stormwater 25 March 2003
' Management Program Report

7.4 Construction Site Stormwater Runoff Control
The State delegated Cabarrus County Soil Erosion and Sediment Control Division
fully complies with this NPDES Phase II measure. The draft "Stormwater Quality
Management and Discharge Control Ordinance" includes language that states a
violation of the Cabarrus County Soil Erosion and Sediment Control Division is
also a violation of the ordinance and that violators are subject to the penalties and
fines of the ordinance.
Concord Comprehensive Stormwater 26 March 2003
Management Program Report

7.5 Post -Construction Storm Water Management in New Development and
Redevelopment
7.5.1 BMP Summary Table
Table 7.7 on page 28 lists the BMP Summary Table for this stormwater
program measure.
7.5.2 Non -Structural BMPs
The City currently regulates land development and protection with its
' UDO. In its first implementation year, the Concord Stormwater staff will
review the UDO for regulations in conflict 'with the Phase 11 temporary
rules or detrimental to stormwater management. The staff will make
recommendations to the City's Planning Committee for modifications of
the current regulations where necessary.
As part of the post construction controls., the stormwater staff will
administer a site plan review process. Developments legally required by
the new Stormwater Ordinance to submit a plan will be reviewed for
compliance and performance. This opportunity will allow for the
stormwater staff to identify potential problems to developers. Notable
areas of suggestion include the minimization of: the disturbance to soils
and vegetation, impervious areas, and directly connected impervious
areas.
7.5.3 Structural BMPs
Through discussions with the Stakeholder and Technical Committee, the
City will develop a menu of approved structural BMPs for developers and
owners to use for the control and treatment of stormwater on their
properties. This menu will include a variety, of BMPs satisfying storage,
filtration, and infiltration practices or combinations thereof. The BMP
menu will be located in the Technical Standards Manual and will include
design and performance specifications. There will also be allowance for
developers and owners to implement or create their own BMPs provided
that they document their BMPs design and performance to the Stormwater
Staff for approval.
Concord Comprehensive Stormwater 27 March 2003
Management Program Report

Table 7.7
BMP Summary Table for Post -Construction Stormwater Management in New Development and Redevelopment
Year
Year
Year
Year
Year
Responsible
No.
BMP
Measurable Goal
1
2
3
4
5
Par/Person
i
Develop ordinance to control peak
Approve ordinance and inform public of its details
X
Stormwater Engineer
runoff volumes, remove TSS, and
and impact
control sources of fecal coliform
2
Include language in ordinance to
Approve ordinance and inform public of its details
X
Stormwater Engineer
protect riparian areas along perennial
and impact
and intermittent streams
3
Implement and administer a site plan
Initiate program one year after the adoption of the
X
X
X
X
Stormwater Engineer
review process
Stormwater Ordinance
4
Review and document construction
Initiate program one year after the adoption of the
X
X
X
X
Stormwater Engineer
base and as built inspections
Stormwater Ordinance
5
Develop and administer an in-house
Initiate program one year after the adoption of the
X
X
X
X
Stormwater Engineer
structural BMP inspection program
Stormwater Ordinance
X — denotes items to be com leted without other measure
Concord Comprehensive Stormwater 28 March 2003
Management Program Report

7.5.4 Regulatory Mechanism
The City will begin enforcing the "Stormwater Quality Management and
Discharge Control" ordinance with the approval from City Council and
North Carolina Department of Environment and Natural Resources,
Division of Water Quality. The City Council has approved an
implementation schedule that calls for the Stormwater Ordinance to be
adopted within six (6) months of the submittal of this permit application.
A copy of the draft Stormwater Ordinance is presented in Appendix B.
7.5.5 Operation and Maintenance
The City has chosen to include language in the Stormwater Ordinance that
will require operators and owners of .stormwater facilities to perform the
required maintenance. The City will require owners, successors, and
assignees to enter into a written inspection and maintenance agreement.
This agreement requires that the owner perform maintenance per the
instructions outlined in the Technical Standards Manual. If the work is not
performed in a satisfactory manner or time, the City reserves the right to
enter the property after sufficient notice and complete or correct the
maintenance work. The work performed by the City will be the financial
responsibility of the owner. If the owner is delinquent to his/her financial
responsibility the City may impose liens against the property. Another part
of the agreement provides that the stormwater facilities and additional area
for access be recorded as an easement. This easement and the written
inspection and maintenance agreement are to be recorded with the
Register of Deeds.
7.5.6 Decision Process
Much of the decision -making on this program element was based on the
compromise of existing regulations and procedures in place in the City
with the fulfillment of the NPDES Phase II . requirements. Concord's
UDO had already addressed stream buffers, detention of stormwater, and
stormwater permitting even on a more restrictive basis than the State's
Phase II rules. There is benefit in building off these UDO measures, since
they are familiar regulations in the community today. Examples of these
compromises include using the existing 20,000 square feet of impervious
cover as a threshold requiring stormwater planning and permitting for
owners and developers. The City's stream buffer guidelines for perennial
streams provided for an undisturbed buffer of 50 feet plus four times the
average percent slope. Both regulations are more restrictive than the
State's rules of I -acre of disturbed area and 30 feet buffers for perennial
streams. These regulations will be modified in :the Stormwater Ordinance
to include vegetative setbacks, 30-foot buffers (with a minimum 20-foot
wide undisturbed area) for intermittent streams, and required stormwater
Concord Comprehensive Stormwater 29 March 2003
Management Program Report

permitting for residential and non-residential development. Density
' requirements for development will be addressed in future advisory
committee meetings. The goal is for these measures to be adopted before
the end of the first year of the permit period. This will allow for the
' community to become aware of new stormwater regulations before they
are mandated by City Council and administered by the Stormwater staff.
The site plan review process, construction phase and as -built inspection
process and structural BMP inspection program will start up in the second
year, a year after the adoption of the Stormwater Ordinance. This element
includes much communication and interaction with the public and
development community, so review of the processes and input from the
public are measurable goals to streamlining the tasks on both ends.
7.5.7 Evaluation
Measurable goals for the post -construction runoff control program will be
the implementation of each BMP for its scheduled time. Several of the
latter elements like site plan review, construction phase and as built
inspection and structural BMP inspection are highly dependent on the
adoption of the Stormwater Ordinance. If tlic Stonmwater Ordinance is
not adopted on schedule than these elements will likely be delayed as well.
The schedule is the standard for the success of the post -construction runoff
control program. Table 7.8 on page 31 displays the Post Construction
Controls Implementation Schedule. Other evaluation of the program will
come from the public who may voice improvements on the processes.
Concord Comprehensive Stormwater 30 March 2003
' Management Program Report

Table 7.8
Post -Construction Controls Implementation Schedule
Objective 1
Date
Submission of draft Stormwater Ordinance for first reading
August 2003
Adoption of draft Stormwater Ordinance and Stormwater
Technical Standards Manual
September 2003
Begin enforcing the stream buffer and detention
requirements of the Stormwater Ordinance
September 2003
Implement Post -Construction Controls site plan review
process and as built stormwater inspections
September 2004
Implement annual structural BMP inspection program
September 2005
1
Concord Comprehensive Stormwater 31
tManagement Program Report
March 2003

7.6 Pollution Prevention/Good Housekeeping for Municipal Operations
7.6.1 BMP Summary Table
Table 7.9 on page 33 lists the BMP Summary Table for this stormwater
program measure.
7.6.2 Affected Operations
' Potentially impacted municipal operations by this program include water
resources, wastewater, building and grounds; engineering, environmental,
fleet, transportation, parks and recreation, and fire and life safety.
Concord Regional Airport is the only city -owned industrial facility that
lies within the city limits. The Coddle Creek WTP lies just north of the
Concord on Coddle Creek. Its NPDES discharge permit number is
tNC0083119. Figure 7.1 on page 34 displays a map of Cabarrus County
Discharge Points. Concord Regional Airport's address is:
Concord Regional Airport
9000 Aviation Blvd.
Concord, NC 28027
1 7.6.3 Training
' The Stormwater staff will perform in-house training of the City's
employees on pollution prevention and better operations management.
This training will be provided on an annual basis and targeted to a certain
' number of events per year. Existing material from,other public education
program may be used but this training will also require site and operation
specific materials.
Concord Comprehensive Stormwater 32 March 2003
Management Program Report

Table 7.9
BMP Summary Table for Pollution Prevention and Good Housekeeping
Year
Year
Year
Year
Year
Responsible
No.
BMP
Measurable Goal
1
2
3
4
5
Party/Person
1
Review of municipal operations and
Develop pollution prevention plan for the Alfred M.
X
X
X
X
X
Stormwater Administrator
facilities for implementation of
Brown Operations Center and use as model for other
pollution prevention
City owned facilities
2
Train employees in pollution
Annually train some percentage of employees. Or
X
X
X
X
X
Stormwater Administrator
prevention and proper disposal of
Train x number of employees a year.
wastes
3
Review fertilizer and pesticide use by
X
Stormwater Administrator
City employees
4
Review and monitor operations in or
Document schedules and scopes of work to be
X
X
X
Stormwater Administrator
near riparian buffers
performed around riparian buffers and encourage
timely completion
5
Develop schedule for regular storm
X
X
X
Stormwater Administrator
sewer cleaning
Construct or retrofit vehicle washing
X
Stormwater Administrator
L
facilityat the Brown Center
r
X — denotes items to be com leted without other measure
Concord Comprehensive Stormwater 33 March 2003
Management Program Report

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Figure 7.1
Cabarrus County
Discharge Points
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e NPDES
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0 Concord

7.6.4 Maintenance and Inspections
The Stormwater Staff will review the procedures and methods of the
Buildings and Grounds Services for pollution prevention ideas,
specifically the proper use of fertilizers and pesticides on City properties.
The City operates several parks with athletic fields among other properties
that may require fertilization. The proper application of fertilizers may
contribute to a reduction in pollution to area streams. Reduced mowing
around waterways on the City properties will encourage growth of the
riparian habitat where it may have been destroyed. These same practices
and others will also be implemented at Rocky River Golf Course.
7.6.5 Vehicular Operations
The Alfred M. Brown Operations Center is the control facility for many of
the City's municipal services. This facility host the fleet management
staff and provides storage for municipal equipment and materials. An
audit of the site and the services provided at his location will lead to the
development of a pollution prevention plan. Some areas of review will
include the practices of the fleet repair and maintenance staff, including
the storage of the vehicles in the parking lot itself. The pollution plan will
recommend practices to ensure the proper disposal of vehicle parts and
used materials and a BMP for filtering out vehicle residues from parking
lot runoff.
As part of the pollution prevention plan for the Brown Center, the
Stormwater Staff will review current vehicle washing procedures for
potential improvements in pollution control. It may be necessary to
construct and implement protocol for a vehicle pre -wash facility that will
collect used wash water for pretreatment or disposal into the City's
sanitary sewer.
7.6.6 Waste Disposal
' Cabarrus County operates several waste disposal facilities such as
landfills, a household hazardous waste facility, recycling convienience
centers, and used battery drops. To ensure the proper disposal of certain
' wastes, the City will train City employees in the location of these facilities
and their waste acceptance practices. It also would be beneficial to
provide signage near the temporary waste collection devices about the
' location and acceptance practices for those who can take advantage of
these facilities. As part of the Illicit Discharge Detection and Elimination
Program, the City will purchase a jet -vacuum truck for the cleaning and
' clearing of MS4 structures and pipes. Procedures will need to be
developed for the disposal of the accumulated debris.
Concord Comprehensive Stormwater
Management Program Report
35
March 2003

7.6.7 Flood Management Projects
The City regulates floodplain management through provisions outlined in
the Floodplain Protection Overlay District section of the UDO. The
regulations require the protection of established uses and prevent the
construction of new uses vulnerable to flood damage. The regulations also
control any alterations to the floodplains, including stream channels and
natural protective barriers. Most floodplain management projects will be
subject to stonmwater permitting if they disturb the minimum volume of
land or occur in the riparian buffer. At that time the stormwater staff will
work with the City Floodplain Manager to ensure proper water quality
protection and compliance.
7.6.8 Existing Ordinances
The Stormwater Staff will address activities and services performed within
or in the vicinity of riparian buffer systems. These activities will be
reviewed for possible problems that may arise by working in these
sensitive areas. Additional pollution control measures, such as shorter
work schedules may be recommended to ensure the protection of area
streams.
7.6.9 Other Evaluations
There are no other aspects being evaluated at this time.
7.6.10 Decision Process
The first step of the municipal pollution prevention plan is to identify all
City owned properties and areas where services are performed frequently.
Figure 7.2 on the page 38 displays Concord Facilities. An internal review
of these facilities will take place with emphasis on the evaluation of
storage practices of potential pollutants and disposal procedures. The plan
will also identify operational procedures that may be improved to decrease
pollution contributions. The Brown Operations Center is the hub of many
the City's municipal services and the location of their fleet management.
A pollution plan developed there can serve as a model for other facilities.
Other facilities in the City that may require auditing include the water
treatment plant, police headquarters, fire stations, city parks and recreation
centers, the Rocky River Golf Course, and municipal buildings.
Another facet of the Pollution Prevention and Good Housekeeping will be
' the regularly training of City staff on issues concerning pollution
prevention and operations management. The Stormwater Staff will
Concord Comprehensive Stormwater
Management Program Report
36
March 2003

perform the training for this BMP and will target a certain number or
percentage annually as a goal. Documenting the attendees will serve to
identify new individuals each year. This service will be quite beneficial as
many employees may be unaware of disposal facilities or recycling
centers.
7.6.11 Evaluation
The City will evaluate itself to ensure it is doing its part to reduce
stormwater pollution. Objective goals for this evaluation will include
obtaining high levels of participation in employee training and general
employee environmental awareness. They will also include the keeping
industrial discharges below permitted levels. However, the most
evaluative measure will be better looking and managed facilities and
surrounding grounds.
Concord Comprehensive Stormwater
Management Program Report
37
March 2003

Figure 7.2'��,�o
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Appendix A
Resolution to Adopt the Cabarrus County
Soil Erosion and Sedimentation Control Ordinance

A RESOLUTION TO ADOPT THE CABARRUS COUNTY SOIL EROSION AND
' SEDIMENTATION CONTROL ORDINANCE
WHEREAS, Cabarrus County has experienced a tremendous amount of growth
' in the last several years and expects the trend the continue; and
WHEREAS, In response to the environmental pressures created by this growth,
e the Cabarrus County Board of Commissioners adopted a Soil Erosion and Sedimentation
Control Ordinance on September 15, 1997; and
' WHEREAS, The Cabarrus County Soil Erosion and Sedimentation Control
Ordinance will become effective on January 1, 1998, and
' WHEREAS, The City of Concord is also experiencing the increased amount of
residential, commercial, and industrial developments that would be regulated by the
' !A rrus County Soil _Fcosion and Sedim tion Qonfr LgrdMWce1 and
WHEREAS, The Cabarrus County Board of Commissioners agree to provide
1 personnel to enforce the above mentioned ordinance within the corporate limits of
Concord; then
' NOW, THEREFORE, BE IT RESOLVED, the City of Concord City Council hereby
adopts the �abagMs County 9oil_Er_osion and Sedimentation_ Control_ Ordinance by
resolution.
Adopted this 8th day of January, 1998
' ATTEST;
Vickie C. Weant, City Clerk
CITY COUNCIL.
CITY OF CONCORD
NORTH CAROLINA
.zz/-
jGeorg6 W. Liles, Mayo

SECTION 1. A new Article _ is hereby added to Chapter _ of the City of Concord Code regarding
Stormwater Quality Management and Discharge Control, which shall read in its entirety as follows:
"ARTICLE .
1 STORMWATER QUALITY MANAGEMENT AND DISCHARGE CONTROL.
Division I.
Title, Purpose and General Provisions,
Section 1.1 '1'itle.
This Article shall be known as the "Stormwater Quality Management and Discharge Control Ordinance"
of the City of Concord and may be so cited.
Section 1.2 Authority.
' Under Chapter 153A of the North Carolina General Statutes, the City of Concord has the responsibility
and authority to regulate land use and development, enforce ordinances within its jurisdiction, and to
adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
Section 1.3 PuTpose and Intent.
The purpose and intent of this Article is to:
(a) Ensure the health, safety, and general welfare of citizens, and protect and enhance the water quality of
' watercourses and water bodies in a manner pursuant to and consistent with the Federal Clean Water
Act (33 U.S.C. § 1251 et seq.) by reducing pollutants in stormwater discharges to the maximurn extent
practicable and by prohibiting non-stormwater discharges to the storm drain system.
' (b) Establish minimum criteria to control and minimize the quantitative and qualitative impacts of
stonnwater runoff from development within the City of Concord.
' (c) Encourage sustainable development. Prudent site planning should include special consideration for
preserving natural drainage ways, maximizing infiltration, slowing stormwater runoff from individual
sites in route to streams and rivers by use of effective runoff management, structural and non-
structural best management practices, drainage structures, and stormwater facilities.
Section 1.4 Applicability.
t"I'hc provisions of the Ordinance shall apply to all areas within the planning jurisdictional limits of the
City of Concord. This Ordinance shall be permanently on file in the office of Environmental Services.
Section 1.5 Exceptions to Applicability.
' This stormwater management ordinance shall not apply to those activities exempted in specific sections of
this Ordinance or as identified below:
(a) Existing permitted developments may be continued and maintained. Expansion to existing
' structures, classified as existing development, must meet the provisions of this Ordinance.
1 COncordordinance2O030130.doc

1
DRAFT
1
(b) Activities on a bona fide farm unless the activity is for non -farm purpose.
1 Section 1.6Definitions.
' The terms used in this Article shall have the following meanings:
(a) Applicant. An owner or developer of a site who executes the Stormwater Pennit Application
' pursuant to this Ordinance.
(b) Best Management Practices. Activities, practices, and procedures to prevent or reduce the
discharge of pollutants directly or indirectly to the stone drain system and waters of the United
States. Best Management Practices (BMPs) include but are not limited to: treatment facilities to
remove pollutants from stormwater; operating and maintenance procedures; facility management
' practices to control runoff, spillage or leaks of non-storrnwater, waste disposal, and drainage from
materials storage; erosion and sediment control practices; and the prohibition of specific
activities, practices, and procedures and such other provisions as the City determines appropriate
for the control of pollutants. Please refer to the City of Concord's Stormwater Teelmical
Standards Manual for further information and for specific BMP requirements.
(e) Bona Fide Farm. Any tract of land containing at least one acre which is used for activities
' relating to production, and activities incidental to production of crops, fruits, vegetables,
ornamental and flowering plants, grasses and grains, forest products, dairy, livestock, fish and
shellfish, poultry, and other agricultural products having a domestic or foreign market, and
' excludes commercial and industrial processing.
(d) Channel Bank. The location of the upper edge of the active channel above which the water
spreads into the overbanks on either side of the channel or the elevation of the two-year frequency
stoma. Where the channel bank is not well defined, the channel bank shall be considered the edge
of the waterline during a two-year frequency storm.
' (e) City. The City of Concord, North Carolina.
' (f) Clean Water Act. The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any
subsequent amendments thereto.
(g) Construction Activity. Activities subject to NPDES Construction Permits or the Cabarrus County
' Erosion and Sediment Control Program. 'These include construction projects resulting in land
disturbance. Such activities include but are not limited to clearing and grubbing, grading,
excavating, and demolition.
' (h) Stormwater Technical Standards Manual. The manual of design, perfonnance, and review
criteria adopted by City of Concord Council for the administration of the Stormwater Program.
(i) Design Stone. The specific frequency and, if necessary, duration of the rainfall event to be used
in design to meet the criteria established in the Stormwater Technical Standards Manual. .
' 0) Development. Any land disturbing activity, which adds to or changes the amount of impervious
or partially impervious cover on a land area or which otherwise' decreases the infiltration of
precipitation into the soil.
IConcord ordinance20030130.doc

(k) Drainage Structures. Shall include swales, channels, storm sewers, curb inlets, yard inlets,
culverts, and other structures designed to convey stonnwater.
(1) Grandfathered Rights. See Vested Rights
(m) Hazardous Materials. Any material, including any substance, waste, or combination thereof,
which, because of its quantity, concentration, or physical, chemical, or infectious characteristics
may cause, or significantly contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated, stored, transported,
disposed of, or otherwise managed.
(n) Illegal Discharg_c. Any unlawful disposal, placement, emptying, dumping, spillage, leakage,
pumping, pouring, or other discharge of any substance other than stonnwater into a stormwater
conveyance system, the waters of the State, or upon the land such that the,substance is likely to
reach a stonnwater conveyance system or waters of the State constitutes an illegal discharge,
except as exempted in Division II, Section 2.1 of this Ordinance.
(o) Illicit Connections. An illicit connection is defined as either of the following:
i. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal
discharge to enter the storm drain system including but not limited to any
conveyances which allow any non-stormwater discharge including sewage, process
wastewater, and wash water to enter the stonn drain system and any connections to
' the storm drain system from indoor drains and sinks, regardless of whether said drain
or connection had been previously allowed, permitted, or approved by a government
agency;or
ii. Any drain or conveyance connected from a commercial or industrial land use to the storm
drain system which has not been documented in plans, maps, or equivalent records
and approved by the City.
Industrial Activity. Activities subject to NPDES Industrial Pen -nits as defined in 40 CFR, Section
122.26 (b)(14),
(q) Impervious. Surface. Any surface which in whole or in part, restricts or prevents the natural
absorption of water into the ground. Such surfaces may include, but not be limited to compacted
earth, traffic -bearing gravel, concrete, asphalt, or other paving material, and all area covered by
the footprint of buildings or structures. Uncovered wooden slatted .decks and the water area of a
swimming pool are considered pervious.
(r) Intermittent Streams. A natural drainage way, which shows up as a blue line on the most recent
version of the USGS 7.5-minute quadrangle maps or as a demarcated stream on the most recent
version of the maps of the Soil Survey of Cabarrus County from the U.S. Department of
Agriculture, and has a contributing drainage area of 300 acres or less, shall be considered an
intermittent stream for the purposes of this Ordinance.
(s) Land Disturbing Activities. The use of land by any person that results in a change in the natural
cover or topography that may contribute to or alter the quantity and or quality of stormwater
runoff.
3
Concordordinance20030130.doc

(t) National Pollutant Discharge Elimination System (NPDES) Storinwater Discharge Permits.
General, group, and individual stormwater discharge permits that regulate facilities defined in
' Federal NPD1-S regulations pursuant to the Clean Water Act.
(u) Natural Drainage WaX. Shall mean an incised channel with a defined channel bed and banks that
are part of the natural topography. Construction channels such as drainage ditches shall not be
considered a natural drainage way unless the constructed channel was a natural drainage way that
has been relocated, widened, or otherwise improved.
' (v) Non-Stormwater Discharge. Any discharge to the storm drain system that is not composed
entirely of stormwater.
' (w) Perennial Stream. Streams that have essentially continuous flows or are shown as blue lines on
the most recent version of the United States Geological Survey (USGS) 1:24,000 (7.5 train.) scale
topographic maps or are demarcated on the most recent version of maps of the Soil Survey of
Cabarrus County, prepared by the U.S. Department of Agriculture, and that have a contributing
drainage area of more than 300 acres shall be considered a perennial stream for the purposes of
' this Ordinance.
(x) Structure. Structures include buildings, wells, screened enclosures, fences, advertising signs,
billboards, poster panels, swimming pools, manufactured houses, modular houses, and
underground shelters.
(y) Pollutant. Anything that causes or contributes to pollution. Pollutants shall include, but are not
limited to: paints, varnishes, and solvents; oil and other automotive fluids; non -hazardous liquid
and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables;
pesticides, herbicides, and fertilizers; hazardous substances and wastes, untreated commercial car
wash water and industrial discharges, contaminated fountain drains and cooling waters; sewage,
fecal colifonn and pathogens; dissolved and particulate metals; animal wastes; wastes and
' residues that result from constructing a structure (including but not limited to sediments, slurries,
and concrete rinsates); and noxious or offensive matter of any kind,
(z) Pollution. The human -made or human -induced alteration of the quality of waters by waste to a
' degree which unreasonably affects, or has the potential to unreasonably affect, either the waters
for beneficial uses or the facilities which serve these beneficial uses.
e (aa) Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved
including adjacent sidewalks and parking strips.
' (bb) Riparian Buffer. An area of trees, shrubs, or other vegetation that is adjacent to a natural drainage
way or surface water. Riparian buffers reduce the impact of upland sources by trapping, filtering,
and converting nutrients, sediments, and other chemicals, and maintain the integrity of the natural
drainage way. For the purposes of this Ordinance, a natural drainage way or surface water shall
be present if the feature is approximately shown on the most recent version of the 1:24,000 (7.5
min.) quadrangle topographic maps prepared by the United States Geological Survey (UGSG) or
' on the latest version of the Soil Survey of Cabarrus County as prepared by the U.S. Department
of Agriculture Natural Resource Conservation Service (NRCS).
' (cc) Storm Drain System. Publicly -owned facilities operated by the City by which stormwater is
collected and/or conveyed, including but not limited to any roads with drainage systems, streets,
1 Concordordinance20030130Aoc

RAFT
gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins,
natural and human -made or altered drainage channels, reservoirs, and other drainage structures
' which are within the City and are not part of a publicly -owned treatment works as defined in 40
CFR Section 122.2.
(dd) Stormwater. Any surface flow, runoff, and drainage consisting entirely of water from atmospheric
precipitation.
' (ee) Stormwater Administrator. The person designated by the City Manager of City of Concord to
have authority to review and approve Stormwater Permits and stonmwater management plans.
The Stormwater Administrator shall also be responsible for inspecting development and making
' sure the provisions of this Ordinance are being followed.
(ff) Stonmwater Facilities. Shall include devices designed specifically to detain or retain stormwater
' for water quantity or water quality control. These devices shall not include those drainage
structures that provide incidental water quantity or water quality control. These devices include
but are not. limited to wet ponds, dry ponds, bioretention areas, filter strips, or infiltration
trenches.
(gg) Vegetative Buffer. An area that has a dense ground cover of herbaceous or woody species, which
provides for diffusion and infiltration of runoff and filtering of pollutants.
(hh) Vested Rights. A vested right is a right to perform some action based on prior approvals, explicit
or implicit, even if that action would otherwise result in a violation of a current ordinanec,
regulation, standard, or other requirement.
(ii) Water Dependent Structures. Those structures which require the access or proximity to, or sitting
within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks, and
bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots, and
commercial boat storage areas are not considered water -dependent structures.
0j) Waters of the United States. Surface watercourses and water bodies as defined in 40 CFR §
122.2, including all natural waterways and definite channels and depressions in the earth that may
carry water, even though such waterways may only carry water during rains and stones and may
' not carry stormwater at and during all times and seasons.
(kk) Wetland. Means those areas regulated under Section 404 of the Clean Water Act as identified
' under guidelines employed by the United States Anny Corps of Engineers in evaluating permit
applications under 33 U.S.C. 1344 and applicable federal regulations.
IConcordordinance20030130.doc

1 Section 1.7 Interpretation.
' (a) In interpreting and applying this Ordinance, the requirements are intended to be minimum
requirements that are imposed and are to be conformed to, and are in addition to, and not in lieu
of, all other legal requirements.
(b) This Ordinance shall not be deemed to interfere with or annul or otherwise affect in any marmer
whatsoever any ordinance, rules, regulations, permits, or easements, covenants, or other
' agreements between parties, provided however that, where this Ordinance imposes greater
restrictions and controls with respect to stonnwater management, the provisions of this Ordinance
shall prevail.
' Section 1.8 Permits
(a) Except where provided elsewhere, development shall not commence withoutobtaining a
Stormwater Permit pursuant to the provisions of this Ordinance.
(b) The Stormwater Permit Application shall be made by, or oil behalf of, the owner(s) or
' developer(s) of the site for which the permit is sought. The application shall be filed with the
City on a form supplied by the City and shall be accompanied with the inf-ormation identified in
the Stormwater "Technical Standards Manual.
' (c) A Stormwater Permit shall not be issued until the following conditions are met:
i. Approval by the Stormwater Administrator of the supporting information.
ii, Submission and approval of any required easements.
iii. Submission and approval of any required inspection and maintenance agreements.
' iv. Payment of all fees.
(d) If the development requires a Sediment and Erosion Control Permit, the Stormwater Permit will
be conditional upon the owner receiving such sediment and erosion permit and upon the filing of
' a copy of the approved Sediment and Erosion Control Plan and associated Permit to the
Stormwater Administrator.
(e) The Stormwater Permit will be valid for one (1) year from the date of issuance or if significant
changes in the development are made that change the intent of the permit. Significant changes
shall be determined by the Stormwater Administrator. If significant changes are made, the
' original Stormwater Permit shall not be valid and a new permit shall be required.
Section 1.9 Fees.
' A list of fees associated with the Ordinance is available at the City of Concord , Stormwater
Administrator's Office.
' Section ] .10 Applicability and Vested Rights.
I
t
Conc ordordinance2003 0130.doc

DRAFT
This Article shall apply to all water entering the storm drain system generated on any developed and
undeveloped lands lying within the planning jurisdiction of the City including any amendments or
revisions thereto.
The provisions of this ordinance shall be applied to the maximum extent that they do not contravene
vested rights. Vested rights shall be based upon the following criteria:
➢ ]-laving an outstanding building pennit in compliance with GS 153A-344.1 or GS160A-385.1, or
➢ ]-laving an approved site specific or phased development plan in compliance with GS 153A-344.1
or GS 160A-385.1, or
> For projects that require a State permit, such as landfills, NPDES wastewater discharges, land
application or residuals and road construction activities, shall be considered to have vested rights
if a State permit was issued prior to the effective date of the adoption of this ordinance.
Section LI1 Responsibilityfor Administration.
The Stornwater Administrator of the City shall administer, implement, and enforce the provisions of this
Article. Any powers granted or duties imposed upon the Stormwater Administrator may be delegated in
writing by the Stormwater Administrator to persons or entities acting in the beneficial interest of or in the
employ of the City.
Section 1.12 Variances and Appeals.
An interested party may appeal any final order or other decision of the Stornwater Administrator. All
appeals must be filed in a timely manner, but not more than 30 days after a final order or other decision of
the Stornwater Administrator. Appeals must be filed on forms obtained from the office of the Stormwater
Administrator and must be filed with the Stormwater Administrator. A notice of appeal shall be
considered filed when delivered to the Stormwater Administrator's office in a form deemed complete and
acceptable to the Stonnwatcr Administrator. "The Stormwater Administrator shall enter the date and time
of filing on the notice. An Appeals Officer appointed by the City Manager will consider all such
applications for variance or other appeal. The Appeals Officer shall schedule a hearing of the appeal
within 14 days of the filing of a notice of appeal and shall rule on the appeal within 14 days of the hearing
of the appeal.
An interested party may appeal any final order or other decision of the Appeals Officer, All appeals must
be filed in a timely manner, but not more than 30 days after a final order or other decision of the Appeals
Officer. Appeals must be filed on forms obtained from the office of the Stormwater Administrator and
must be filed in the office of the City Manager. A notice of appeal shall be considered filed when
delivered to the City Manager's office in a form deemed complete and acceptable to the City Manager.
The City Manager shall enter the date and time of filing on the notice. A Technical Rcview Committee
appointed by the City Council will consider an appeal of any decision of the Appeals Officer. The
Technical Review Committee shall schedule a public hearing of the appeal within 30 days of the filing of
a notice of appeal, shall provide appropriate public notice of that hearing, and shall rule on the appeal
within 30 days of the public hearing of the appeal.
Section 1.13 Severability.
The provisions of this Article are hereby declared to be severable. If any provision, clause, sentence, or
paragraph of this Article or the application thereof to any person, establishment, or circumstances shall be
held invalid, such invalidity slialI not affect the other provisions or application of this Article.
I
Section 1.14 Regulatory Consistency.
1 Con cordordinance20030130.doc

This Article shall be construed to assure consistency with the requirements of the Clean Water Act and
acts amendatory thereof or supplementary thereto, or any applicable implementing; regulations.
Section 1.15 Ultimate Responsibility of Discharger.
The standards set forth herein and promulgated pursuant to this Article are minimum standards; therefore,
this Article does not intend nor imply that compliance by any person will ensure that there will be no
contamination, pollution, or unauthorized discharge of pollutants into waters of the U.S. caused by said
person. This Article shall not create liability on the part of the City, or any agent or employee thereof for
any damages that result from any discharger's reliance on this Article or any administrative decision
lawfully made thereunder.
Section 1.16 Stormwater Management.
(a) Stormwatcr shall be conveyed through development in an adequately designed drainage system of
natural drainage ways, grass swales, storm sewers, culverts, inlets, and channels. Drainage
systems shall be designed, constructed, and maintained so as to provide natural infiltration,
control velocity, control flooding, extend the time of concentration of stormwater runoff, and to
control to the Maximum Extent Practicable the impacts of development. Where the above
conditions are met and where a development does not require the preparation of a Stormwater
Management Plan, as provided in Section 1.16(b) of this ordinance, obtaining a City of Concord
Stormwater Permit is not required.
(b) Stormwater Management Plans must be prepared for, and shall be approved by, the Stormwater
Administrator pursuant to the application for a Stormwater Permit for:
i. All proposed developments that will exceed 20,000 square feet of cumulative impervious
coverage. All such developments shall be required to construct a complete drainage
system sufficient to mitigate the impacts of the design rainfall events identified in the
' Stormwater Technical Standards Manual and below.
ii. Any activity that disturbs land within a designated riparian buffer area, except when such
disturbance is designated as Exempt or Allowable in the Stormwater Technical Standards
' Manual.
iii. Any filling or excavation of a parcel in excess of one thousand cubic feet of material, or
' any filling or excavation that would impact an adjoining parcel by resulting in the
alternation of the drainage path, or the ponding of water, or a change in the velocity of
stormwater flow on the adjoining parcel.
' iv. Any activity or development that will ultimately result in the disturbance of a total area of
one or more acres, except for the following:
' . a) Activity on a bona fide farm, unless the activity is for non -fain purposes.
' b) Activities on forestland for the production and harvesting of timber and timber
products.
c) Stormwater Management Plans shall:
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i. Include drawings, maps, supporting calculations specifications, and summaries as
outlined in the Stormwater Technical Standards Manual.
ii. Demonstrate through accepted engineering practices described in the Stormwater
Technical Standards Manual the impacts of the proposed development. Impacts of the
' proposed developments may include:
a) Effects on existing upstream and/or downstream drainage systems and property.
1 b) Ability of the natural drainage way to handle additional stormwater runoff.
c) Water quality impacts on receiving waters
d) Site -specific criteria.
iii. Demonstrate through accepted engineering practices described in the Stormwater
Technical Standards Manual that stormwater runoff is adequately conveyed through the
development in a drainage system designed to meet the criteria described in the
' Stonnwater Technical Standards Manual. The drainage system shall control and treat any
increase in the volume of stormwater runoff from pre -development conditions, peak
discharge, total suspended solids, fecal coliform, and other pollutants to levels identified
1 in the Stormwater Technical Standards Manual. Post development runoff rate shall not
exceed pre -development runoff rate unless a maximum discharge rate has been adopted
for the applicable drainage basin and the discharge does not exceed that rate. If a
maximum discharge rate has not been adopted for the applicable drainage basin, post
development discharge rate may not exceed pre -development discharge rate. Stonnwatcr
volumes resulting from the proposed development shall be detained within the
development and released at a rate no greater than existed prior to the development.
Detention facilities shall be designed to maintain the pre -developed runoff rate from the
1-year and 10-year design storm events, and other events as specifically required by the
City's Stormwater Technical Standards Manual.
iv. Demonstrate through accepted engineering practices described in the Stormwater
Technical Standards Manual that stormwater facilities control the impacts of the
1 development to the Maximum Extend Practicable and that those facilities are designed to
meet the criteria described in the Stormwater Technical Standards Manual.
c) Stonnwatcr Facilities Inspection and Maintenance Requirements
i. A written inspection and maintenance agreement in a form acceptable to the Stormwater
Administrator and executed by the applicant of the Stormwater Pernnt and the owners of
the facility, if different than the applicant, shall be provided prior to receiving a
Storrwater Permit. The agreement shall provide the following:
a) Shall bind the parties thereto and all subsequent owners, successors, and assibns.
p q
1 b) The required inspection maintenance and access of the facility as defined in the
Stormwater Technical Standards Manual.
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c) That, if the City directs the correction, repair, replacement, or maintenance of the
facility in writing and the actions are not satisfactorily performed within a
reasonable time (but not greater than 60 days), the City may, after reasonable
notice, enter the land and perform all the necessary work and may assess the
owner(s) of the facility with the cost of the work performed. The owner(s)
served by the facility shall be jointly responsible.to the City for the maintenance
of the facility and liable for any costs incurred by the City pursuant to the said
agreement and all properties are jointly subject to the imposition of liens for said
costs.
d) The Inspection and Maintenance Agreement shall be recorded in the Register of
Deeds at the expense of the applicant.
e) Stormwater facilities shall be included in an casement. The easement shall
in the area of the facility, area of ponded water, and enough area for access
and maintenance. The casement shall be recorded in the Register of Deeds at the
expense of the applicant.
Section 1.17 Riparian Buffers.
(a) Riparian buffers shall be maintained on all sides of perennial and intcnnittent streams, lakes and
other natural waterways as provided in the Stormwater Technical Standards Manual.
(b) The following are exempt from this riparian buffer requirement:
Areas along streams or other waterways that are mapped on the USGS quadrangle map or
NKCS soils map where such streams or waterways do not actually exist on the ground.
ii. fonds and lakes created for animal watering, irrigation, or other agricultural uses that are
not part of a natural drainage way,
iii. Where application of these requirements would prevent all prospective use of a lot platted
and recorded prior to the effective date of this Ordinance.
iv. Water dependent structures provided that those structures shall be designed, constructed,
and maintained to provide the maximum practicable nutrient and bacterial removal, have
the least practicable adverse effects on aquatic habitat, and to otherwise protect water
quality.
V. Roads, bridges, stormwater management facilities, ponds, and utilities where no other
practical alternative exists. These structures shall be located, designed, constructed, and
maintained to have minimal disturbance, provide the maximum practicable nutrient and
bacterial removal, have the least practicable adverse effects on aquatic habitat, and to
otherwise protect water quality.
vi. Ditches and manmade conveyances other than modified natural streams.
(c) The riparian buffer shall be an undisturbed area extending from the top of channel bank
landward:
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i. The size of the riparian stream buffer for a perennial stream shall be measured from the
average annual stream batik perpendicularly for a distance of 50 feet plus four (4) times
' the average percent of slope of area adjacent to the stream. This slope shall be calculated
by measuring a distance of 250 feet from the center of the stream. The percent of slope
for this distance shall serve as the determining factor. However, the maximum distance
' shall note exceed 120 feet from the edge of the stream.
ii. The size of the riparian stream buffer for an intermittent stream shall be measured from
the average annual stream batik perpendicularly for a distance of 30 feet.
An additional 20 foot vegetated setback from the riparian buffer shall be required on both
' perennial and intermittent streams.
(d) The following activities shall not be allowed in buffer areas:
' iii. New on -site sewage systems, which utilize ground adsorption.
iv. New structures, except as specifically provided in the Stonnwater "Technical Standards
' Manual.
(e) The riparian buffer shall be maintained by the landowner or homeowners association to maintain
sheet flow to the maximum extent practical to provide for diffusion and infiltration of runoff and
filtering pollutants into the affected stream and consistent with maintenance criteria as set out in
the Stormwater Technical Standards Manual.
(f) Riparian buffer areas shall be designated on recorded plats as easements. The plat shall be
included with the Stormwater Permit Application.
Division II.
Discharge Prohibitions.
Section 2.1 Illegal Discharges.
' No person shall discharge or cause to be discharged into the City storm drain system or watercourses any
materials, including but not limited to pollutants or waters containing any pollutants that cause or
contribute 'to a violation of applicable water quality standards, other than stormwater. The
' commencement, conduct, or continuance of any illegal discharge to the storm drain system is prohibited
except as described as follows:
t (a) Discharges from the following activities will not be considered a source of pollutants to the storm
drain system and to waters of the U.S. when properly managed to ensure that no potential
pollutants are present, and therefore they shall not be considered illegal discharges unless
' determined to cause a violation of the provisions of this Ordinance: potable water line flushing;
uncontaminated pumped groundwater and other discharges from potable water sources; landscape
irrigation and lawn watering; diverted stream flows; rising groundwater; groundwater infiltration
' to the storm drain system; uncontaminated foundation and footing drains; uncontaminated water
from crawl space pumps; air conditioning condensation; uncontaminated roof drains; springs;
individual residential and occasional non-conuncrcial car washing; flows from riparian habitats
and wetlands; dechlorinated swinvning pool discharges; street wash waters; and flows from fire
fighting.
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(b) The prohibition shall not apply to any non-stormwater discharge permitted under an NPDLS
permit, waiver, or waste discharge order issued to the discharger and administered by the State of
North Carolina under the authority of the Federal Environmental Protection Agency, provided
that the discharger is in full compliance with all requirements of the permit, waiver, or order and
other applicable laws and regulations, and provided that written notification of such permitted
discharge has been filed with the Stormwater Administrator, in a form acceptable to the
Stormwater Administrator, for any discharge to the storm drain system.
(c) With written concurrence of the North Carolina Department of lEnvironment and Natural
Resources, the Stormwater Administrator may exempt in writing other non-stonnwater
discharges, which arc not a source of pollutants to the stonn drain system or waters of the U.S.
Section 2.2 Illicit Connections.
I
(a) The construction, use, maintenance, or continued existence of illicit connections to the storm
drain system is prohibited.
' (b) This prohibition expressly includes, without limitation; illicit connections made in the past,
regardless of whether the connection was permissible under law or practices applicable or
prevailing at the time of connection.
Section 2.3 Waste DisposalProhibitions.
' No person shall throw, deposit, leave, maintain, keep, or pen -nit to be thrown, deposited, left, or
maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk,
component of the stomp drain system, or water of the U.S., any refuse, rubbish, garbage, litter, or other
' discarded or abandoned objects, articles, and accumulations, so that the sarbe may cause or contribute to
pollution. Wastes deposited in streets in proper waste receptacles for the purposes of collection are
exempted from this prohibition.
' Section 2.4 Dischar yes in Violation of Industrial or Construction Activity NPDLS Stormwater Discharge
Pen -nit.
' Any person subject to an industrial or construction activity NPDLS, stonnwater discharge permit. shall
comply with all provisions of such permit. Proof of compliance with said pennit may be required in a
fora acceptable to the Stormwater Administrator prior to or as a condition of a subdivision map, site plan,
' building pennit, or development or improvement plan; upon inspection of the facility; during any
enforcement proceeding or action; or for any other reasonable cause.
Division III.
Regulations and Requirements.
Section 3.1 Requirement to Prevent. Control. and Reduce Stormwater Pollutants
(a) Authorization to Adopt and Impose Best Management Practices. The City will adopt.
1 requirements identifying Best Management Practices for any activity, operation, or facility that
may cause or contribute to pollution or contamination of stonnwater, the storm drain system, or
waters of the U.S. as documented in a separate Stormwater 'Technical Standards Manual. Where
13MPs requirements arc promulgated by the City or any Federal, State of North Carolina, or
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regional agency for any activity, operation, or facility which would otherwise cause the discharge
of pollutants to the storm drain system or water of the U.S., every person undertaking such
activity or operation, or owning or operating such facility shall comply with such requirements.
The Storrnwater Administrator will report to City Council annually, or as otherwise needed, on
the status of implementation of BMPs, the pollutants of concern to be addressed the next year,
and any new BMPs to be developed. BMPs developed under this program will be incorporated as
part of the Stormwater Technical Standards Manual.
(b) New Development and Redevelopment. The City may adopt requirements identifying appropriate
BMPs to control the volume, rate, and potential pollutant load of slormwater runoff from new
development and redevelopment projects as may be appropriate to minimize the generation,
transport, and discharge of pollutants. The City shall incorporate such requirements in any land
use entitlement and construction or building -related pen -nit to be issued relative to such
development or redevelopment. The owner and developer shall comply with the terms,
provisions, and conditions of such land use entitlements and building pennits as required in this
Article.
(c) Responsibility to_Implement Best Management Practices. Notwithstanding the presence or
absence of requirements promulgated pursuant to subsections (a) and (b), any person engaged in
activities or operations, or owning Facilities or property which will or may result in pollutants
entering storrnwater, the storm drain system, or waters of the U.S. shall implement BMPs to the
Maximum Extend Practicable to prevent and reduce such pollutants. The owner or operator of a
commercial or industrial establishment shall provide reasonable protection from accidental
discharge of prohibited materials or other wastes into the municipal storm drain system or
watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes
shall be provided and maintained at the owner or operator's expense.
BMPs required by the City can be obtained from the Stormwater Administrator's Office by
requesting the BMP information appropriate to a commercial or industrial activity from the
Stormwater Technical Standards Manual.
Section 3.2 Requirement to Eliminate Illegal Discharges.
Notwithstanding the requirements of Division V, Section 5.1 herein, the Stonnwater Administrator may
' require by written notice that a person responsible for an illegal discharge immediately, or by a specified
date, discontinues the discharge and, if necessary, take measures to eliminate the source of the discharge
to prevent the occurrence of future illegal discharges.
' Section 3.3 Requirement to Eliminate or Secure Approval for Illicit Connections.
(a) The Stormwater Administrator may require by written notice that a person responsible for an
illicit connection to the storni drain system comply with the requirements of this Article to
eliminate or secure approval for the connection by a specified date, regardless of whether or not
' the connection or discharges to it had been established or approved prior to the effective date of
this Article.
(b) If, subsequent to eliminating a connection found to be in violation of this Article, the responsible
' person can demonstrate that an illegal- discharge will no longer occur, said person may request.
City approval to reconnect. The reconnection or reinstallation of the connection shall be at the
responsible person's expense.
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Section 3.4. Watercourse Protection.
Every person owning property through which a watercourse passes, or such person's lessee, shall keep
and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive
vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water
through the watercourse. In addition, the owner or lessee shall maintain existing privately owned
structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use,
function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank
vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner
as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for
maintaining and stabilizing that portion of the watercourse that is within their property lines in order to
protect against erosion and degradation of the watercourse originating or contributed from their property,
Any disturbance or modification of a watercourse must be conducted in a manner consistent with and,
where required, under a valid permit issued by the State of North Carolina and the U.S. Army Corps of
Engineers,
Section 3.5 Requirement to Remcdiate.
' Whenever the Stormwater Administrator finds that a discharge of pollutants is taking place or has
occurred which will result in or has resulted in pollution of stormwater, the storm drain system, or water
of the U.S., the Stormwater Administrator may require by written notice to the owner of the property
' and/or the responsible person that the pollution be remediated and the affected property restored within a
specified time pursuant to the provisions of Divisions 4 through 5 below.
Section 3.6 Requirement to Monitor and Analyze.
The Stormwater Administrator may require by written notice of requirement that any person engaged in
any activity and/or owning or operating any facility which may cause or contribute to stormwater
pollution, illegal discharges, and/or non-stornwater discharges to the storm drain system or waters of the
U.S., undertake at said person's expense such monitoring and analyses and furnish such reports as deemed
necessary to dctermine compliance with this Article.
Section 3.7 Notification of Spills.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation,
or responsible for emergency response for a facility or operation has' information of any known or
suspected release of materials which are resulting or may result in illegal discharges or pollutants
discharging into stormwater, the storn drain system, or waters of the U.S. from said facility, said person
shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the
event of such a release of a hazardous material, said person shall immediately notify emergency response
officials of the occurrence via emergency dispatch services (911). In the event of a release of non-
hazardous materials, said person shall notify the Stormwater Administrator's Office in person or by phone
or facsimile no later than 5:00 p.m. of the next business day. Notifications in person or by phone shall be
confirmed by written notice addressed and mailed to the City's Environmental Services Department
within three business days of the phone notice. If the discharge of prohibited materials emanates from a
commercial or industrial establishment, the owner or operator of such establishment shall also retain an
on -site written record of the discharge and the actions taken to prevent its recurrence. Such records shall
be retained for at least three years.
Division IV.
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IInspection and Monitoring.
Section 4.1 Authority to Inspect.
Whenever necessary to make an inspection to enforce any provision of this Article, or whenever the
Stonnwater Administrator has cause to believe that there exists, or potentially exists, in or upon any
premises any condition which constitutes a violation of this Article, the Director may enter such premises
at all reasonable times to inspect the same and to inspect and copy records related to sonnwater
compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been
made, the City is hereby empowered to seek assistance from any court of competent jurisdiction in
obtaining such entry. The authority to inspect, and take associated enforcement actions under this
Ordinance, shall extend to all components of the drainage and storm water management facilities that
drain to the waters of the State of North Carolina or to waters of the United States on any public or private
property, regardless of when those facilities were constructed.
Section 4.2 Authority to Sample, Establish Samplinp Devices and 'test.
During any inspection as provided herein, the Stormwater Administrator may take any samples and
perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities.
Division V.
Section 5.1 Enforcement.
(a) Whenever, by the provisions of this Ordinance, the performance of any act is required, or the
performance of any act is prohibited, or whenever any regulation or limitation is imposed on the
use of any land, or on the erection, alteration, or the use or change of use of a structure, a failure
to comply with such provisions shall constitute a violation of this Ordinance.
(b) 'the owner, tenant, or occupant of any land or structure, or part thereof, and any architect,
engineer, builder, contractor, agent or other person who participates in, assists, directs, creates, or
maintains any situation that is contrary to the requirements of this Ordinance may be held
responsible for the violation and be subject to the penalties and remedies provided herein.
(c) Failure to follow an approved Stormwater Management Plan or Pen -nit shall constitute a violation
of this Ordinance and subject to the penalties and remedies provided herein.
(d) Procedures upon discovery of violations shall be as follows:
Upon determination that any provision of this Section is being violated, the Stormwater
Administrator shall deliver a written notice by personal service or by registered or
certified mail, return receipt requested, to the person(s) responsible for such violation,
indicating the nature of the violation and ordering the action necessary to correct it.
Additional written notices may be sent at the Stormwater Administrator's discretion.
ii;7 —, The final written notice, which may also be the initial notice, shall state the action the
Stonnwater Administrator intends to take if the violation in not corrected, and shall
advise that the Stormwater Administrator's order may be appealed as provided in Section
1.12 Variances and Appeals.
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!W_ �_ l 11
iii. In cases when delay would seriously threaten the effective enforcement of' this
Ordinance, or pose a danger to the public health, safety, or general welfare, the
' Stormwatcr Administrator may seek enforcement without prior written notice by
invoking any of the penalties or remedies contained in Section 5.1(e).
(e) Penalties and remedies shall be as follows:
i. Any violation of any provision of any Section of the Stormwater Management Ordinance
shall constitute a misdemeanor and shall subject the violator to a penalty of up to five
hundred dollars ($500.00) or imprisonment for not more than 30 days.
ii. Any act constituting a violation of this Ordinance shall also subject the offender to a civil
penalty of twenty-five dollars ($25.00). If the offender fails to pay the penalty within ten
(10) days of receiving final written notice of a violation, the penally play be recovered by
the City in a civil action in the nature of a debt. A civil penalty may not be appealed to
' the Stonnwater Administrator if the offender received a final written notice of violation
and did not file the appeal within 30 days.
iii. Each day that any violation continues after receipt of the final written notice of such
violation shall constitute a separate violation and a separate offense for purposes of the
penalties and remedies specified herein.
iv. In addition to the penalties and remedies above, the City !nay institute any appropriate
action or proceedings to prevent, restrain, or abate a violation of this Ordinance.
(f) Illegal Discharge: Any person that allows, acts in concert, participates, directs, or assists directly
or indirectly in an illegal discharge shall be subject to civil penalties as follows:
' i. For first time offenders, if the quantity of the discharge is equal to or less than five (5)
gallons and consists of domestic or household products, said person shall be assessed a
civil penalty not to exceed one hundred dollars ($100.00) per violation or per day for any
' continuing violation. If the quantity of the discharge is greater than five (5) gallons or
contains non -domestic substances or if the person cannot provide clear and convincing
evidence of the volume and nature of the substance discharged, said person shall be
1 assessed a civil penalty not to exceed one thousand dollars,($1,000.00) per violation or
per day for continuing violation.
' ii. For repeat offenders, the amount of the penalty shall be double the amount assessed for
the previous penalty not to exceed ten thousand dollars ($10,000.00) per violation or per
day for any continuing violation.
iii. The Stormwater Administrator shall take the following into consideration when
deterlrnining the civil penalty amount:
a) The degree and extent of harm to the environment, public health, and property.
b) The cost of remedying the damage.
c) The willfulness of the violation.
d) The duration of the violation.
e) The violator's prior record in complying or failing to comply with this ordinance.
f) The amount of money saved by the violator by noncompliance.
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iv. If the offender fails to pay the penalty within ten (10) days of receiving final written
notice of a violation, the City in a civil action may recover the penalty. A civil penalty
may be appealed under the process provided in Section 1.12 Variances and Appeals. A
civil penalty may not be appealed if the offender received a final written notice of
violation and penalty and did not file and appeal within 30 days.
V. Each day that any violation continues after receipt of the final written notice of such
violation shall constitute a separate violation and a separate offense for purposes of the
penalties and remedies specified herein.
vi. In addition to the penalties and remedies above, the City may institute any appropriate
action or proceedings to prevent, restrain, correct, or abate,a violation of this ordinance.
Section 5.2 Notice of Violation.
Whenever the Stormwater Administrator finds that a person has violated a prohibition or failed to meet a
requirement of this Article, the Stormwater Administrator may order compliance by written notice of
violation to the responsible person. Such notice may require without limitation:
(a) The performance of monitoring, analyses, and reporting.
(b) The elimination of illicit connections or discharges.
(c) That violating discharges, practices, or operations shall cease and desist.
(d) The abatement or remediation of stonnwater pollution or contarnination hazards and the
restoration of any affected property.
(e) Payment of a fine to cover administrative and remediation costs.
(f) The implementation of source control or treatment BMI's.
If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a
deadline within which such remediation or restoration must be completed. Said notice shall further advise
that, should the violator fail to remediate or restore within the established deadline, the work will be done
by the Stormwater Administrator, or a contractor designated by the Stormwater Administrator, and the
expense thereof shall be charged to the violator pursuant to Section 5.5.
Section 5.3 Appeal.
Notwithstanding the provisions of Section 5.6 below, any person receiving a Notice of Violation under
Section 5.2 above may appeal the determination of the Stormwater Administrator under the process
provided in Section 1.12 Variances and Appeals.
I
Section 5.4 Abatement.
If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or
' in the event of an appeal under Section 5.3 within 10 days of the decision of the Appeals Officer or of the
Technical Review Committee, upholding the decision of the Stormwater Administrator, then the
Stormwater Administrator or a contractor designated by the Stormwater Administrator shall enter upon
I
the subject private property and is authorized to take any and all measures necessary to abate the violation
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and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of
any premises to refuse to allow the City or designated contractor to enter upon the premises for the
purposes set forth above.
Section 5.5 Charging Cost of Abatement/Liens.
Within 30 days after abatement of the nuisance by City, the Stormwater Administrator shall notify the
property owner of the cost of abatement, including administrative costs. The property owner may file a
written protest objecting to the amount of the assessment with the City Manager within 15 days. The City
Manager shall set the matter for public hearing by the City Council. The decision of the City Council
shall be set forth by resolution and shall be final.
If the amount due is not paid within 10 days of the decision of the City Council or the expiration of the
time in which to file an appeal under this Section, the charges shall becorne a special assessment against
the property and shall constitute a lien on the property for the amount of the assessment. A copy of the
resolution shall be turned over to the City Auditor so that the auditor may enter the amounts of the
assessment against the parcel as it appears on the current assessment roll, and the tax collector shall
include the amount of the assessment on the bill for taxes levied against the parcel of land.
Section 5.6 Urgency Abatement.
The Stormwater Administrator is authorized to require immediate abatement of any violation of this
Article that constitutes an immediate threat to the health, safety, or well-being of the public. If any such
violation is not abated immediately as directed by the Stormwater Administrator, the Stormwater
Administrator is authorized to enter onto private property and to take any and all measures required to
remediate the violation. Any expense related to such remediation undertaken by the Stormwater
Administrator shall be fully reimbursed by the property owner and/or responsible party. Any relief
obtained under this Section shall not prevent the Stormwater Administrator from seeking other and further
relief authorized under this Article.
Section 5.7 Violations.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements
of this Article. A violation of or failure to comply with any of the requirements of this Article shall
constitute a misdemeanor and shall be punished as set forth in City Code,
Section 5.8 Compensatory Action.
In lieu of cni'orecinent proceedings, penalties, and remedies authorized by this Article, the Storinwatcr
Administrator may impose upon a violator alternative compensatory actions, such as storm drain
stenciling, attendance at compliance workshops, creek cleanup, or other appropriate actions.
Section 5.9 Violations Deemed a Public Nuisance
In addition to the enforcement processes and penalties herein before provided, any condition caused or
permitted to exist in violation of any of the provisions of this Article is a threat. to public health, safety,
and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the City
at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken by the City.
Section 5.10 Acts Potentially Resulting in a Violation of the Federal Clean Water Act
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Any person who violates any provision of this Article or any provision of any requirement issued
pursuant to this Section, may also be in violation of the Clean Water Act and may be subject to the
sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under
this Article shall also include written notice to the violator of such potential liability.
SECTION 2. `Phis Ordinance shall be in full force and effect on'dafe ii—xiixx.
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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/G/2002
THE CITY OF CONCORD
BRIAN HYATT, CITY MANAGER
P.O. BOX 308
CONCORD, NC 28026-0308
Subject: NPDES Phase II Stormwater Program
Brian Hyatt:
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 Pollutant discharge Elimination System (NPDES) permit coverage to
address stormwater runoff from: (1) "medium" and "large" municipal separate storm sewer systems (MS4s) generally
serving poptilations 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 11 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 II 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 It 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 Concord 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 Concord 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.htm1. 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
Mooresville Regional Office
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NCIUENR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1-800.623-7748