NCS000424_APPLICATION_20100201

STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
f� j � s
DOC TYPE
❑FINAL PERMIT
❑ AjFNUAL REPORT
N"APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ /yam � o C>p-�) I
YYYYMMDD

State of North Carolina
Department of Environment & Natural Resources
Division of Water Quality
OFFIC USE ONLY
Date Rec'd
Fee Paid
Permit Number cs 000.
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. Incomplete application
submittals may be returned to the applicant.
I. APPLICANT STATUS INFORMATION
a.
Name of Public Entity
Seeking Permit Coverage
Town of Fletcher
b.
Ownership Status (federal,
Local
state or local
c.
Type of Public Entity (city,
Town
town, county, prison, school,
etc.
SIC 91 - 96
d. Federal Standard Industrial
Classification Code
D
e.
County(s)
Henderson
pp n (y
� 20�fl
EB V F
f.
Jurisdictional Area (square
6.1
miles)
nVNR - WA '°`LI'n
g.
Population
Permanent
4,185 (2000
6,427 OSBM 2008 est.
Seasonal (if available)
Not available
h.
Ten-year Growth Rate
500/6 (est avg. 50/o annually between 2000 and 2010)
i.
Located on Indian Lands?
❑ Yes X No
II. RPE 1 MS4 SYSTEM INFORMATION
a. Storm Sewer Service Area
(square miles
6.1
b. River Basin(s)
French Broad
c. Number of Primary Receiving
Streams
11
d. Estimated percentage of jurisdictional area containing the following four land use activities:
• Residential
50%
• Commercial
15%
• Industrial
20%
• Open Space
15%
Total =
100%
e. ' Are there significant water
quality issues listed in the
attached application report?
❑ Yes X No
Page 1
SWU-264-103102

_f
NPDES RPE Stormwater Permit Applications
III. EXISTING LOCAL WATER QUALITY PROGRAMS
a. Local Nutrient Sensitive Waters Strategy
❑ Yes ❑ X No
b. Local Water Supply Watershed Program
❑ Yes ❑ X No
c. Delegated Erosion and Sediment Control Program
❑ Yes ❑ X No
d. CAMA Land Use Plan
❑ Yes ❑ X No
IV. CO -PERMIT APPLICATION STATUS INFORMATION
(Complete this section only if co -permitting)
a. Do you intend to co -permit with
❑Yes FIX 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 X No
with another Phase II entity?
d. If so, provide the name(s) of
the entity:
e. Have legal agreements been
finalized between the co-
❑ Yes ❑ No
ermittees?
V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS
(If more than one, attach additional sheets)
a.
Do you intend that another
entity perform one or more of
our permit obligations?
X Yes ❑ No
b.
If yes, identify each entity and the element they will be implementing
•
Name of Entity
Fletcher Fire and Rescue, Inc.
•
Element they will implement
Hazardous Material Spill Response
•
Contact Person
Greg Garland
•
Contact Address
PO Box 476, Fletcher, NC 28732
•
Contact Telephone Number
[phone]
•
Name of Entity
Henderson County Emergency Management/911
•
Element they will implement
Hazardous Material Spill Response
•
Contact Person
Rocky Hyder
•
Contact Address
240 2 nd Ave. East, Hendersonville, NC 28792
•
Contact Telephone Number
[phone]
SWU-264-103102
Page 2

NPDES RPE Stormwater Permit Application
Enti
and Permit obligations theywill perform continued
•
Name of Entity
Henderson County
•
Element they will implement
Erosion and Sediment Control Program for construction
activities
•
Contact Person
Natalie Berry,P.E.
•
Contact Address
100 N.—KingN.-King St. Hendersonville NC 28792
•
Contact Telephone Number
828-697-4830
•
Name of Enti
NC Department of Trans ortatlon — Division 14
•
Element they will implement
US25 and State Road maintenance
•
Contact Person
Mark Gibbs, District Engineer
•
Contact Address
4142 Haywood Rd. Horseshoe NC 28742
•
Contact Telephone Number
828 891-7911
•
Name of Enti
Henderson County Environmental Health Department
•
Element they will implement
Well, septic, and wastewater treatments stems inspections
•
Contact Person
Robert Jones Environmental Health Supervisor
•
Contact Address
1200 S artanbur Highway,ste. 100 Hendersonville NC 28792
•
Contact Telephone Number
828 692-4228
Page 3
SWU-264-103102

NPDES RPE Stormwater Permit Application
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. N/A
VII. SIGNING OFFICIAL'S STATEMENT
Please see the application instructions to determine who has signatory authority for this permit
application. If authority for the NPDES stormwater permit has been appropriately delegated through
board action and documented in this permit application, the person/position listed in Section VI above
may sign the official statement below.
I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
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 forgathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. lam aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations.
Signature
Li , , — �' /�
%fl
Name
William B. Moore
Title
Mayor, Town of Fletcher
Street Address
4005 Hendersonville Road
PO Box
N/A
City
Fletcher
State
NC
Zip
28732
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
Eric Rufa
b.
Title
Town of Fletcher Planning Director
c.
Street Address
4005 Hendersonville Road
d.
PO Box
e.
City
Fletcher
f.
State
NC
g.
Zip
28732
h.
Telephone Number
[phone]
1.
Fax Number
[phone]
j.
E-Mail Address
e.rufa( fletchernc.org
Page 4
SWU-264-103102

NPDES RPE Stormwater Permit Application
IX. PERMITS AND CONSTRUCTION APPROVALS
List permits or construction approvals received or applied for under the following programs. Include contact
name if different than the person listed in Item VIII. If further space needed, attach additional sheets.
a.
RCRA Hazardous Waste
N/A
Management Program
N/A
b.
UIC program under SDWA
c.
NPDES Wastewater Discharge
N/A
Permit Number
d.
Prevention of Significant
N/A
Deterioration (PSD) Program
N/A
e.
Non Attainment Program
f.
National Emission Standards for
N/A
Hazardous Pollutants (NESHAPS)
reconstruction approval
g.
Ocean dumping permits under the
N/A
Marine Protection Research and
Sanctuaries Act
h.
Dredge or fill permits under
N/A
section 404 of CWA
X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT
Attach three copies of a comprehensive report detailing the proposed stormwater management program for
the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown
below. The required narrative information for each section is provided in the Instructions for Preparing the
Comprehensive 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.
Narrative Application Supplement Attached
Page 5
SWU-264-103102

Department of Environment and Natural Resources
Division of Water Quality
small MUNICIPAL separate storm sewer system
NPDES STORMWATER Management Program Report
Narrative Application Supplement
January 16, 2010
TABLE OF CONTENTS
STORM SEWER SYSTEM INFORMATION
1.1. POPULATION SERVED
1.2. GROWTH RATE
1.3. JURISDICTIONAL AND MS4 SERVICE AREAS
1.4. MS4 CONVEYANCE SYSTEM
1.5. LAND USE COMPOSITION ESTIMATES
1.6. ESTIMATE METHODOLOGY
1.7. TMDL IDENTIFICATION
2. RECEIVING STREAMS
3. EXISTING WATER QUALITY PROGRAMS
3.1. LOCAL PROGRAMS
3.2. STATE PROGRAMS
4. PERMITTING INFORMATION
4.1.
RESPONSIBLE PARTY CONTACT LIST
4.2.
ORGANIZATIONAL CHART
4.3.
SIGNING OFFICIAL
4.4.
DULY AUTHORIZED REPRESENTATIVE
5. CO -PERMITTING INFORMATION (IF APPLICABLE)
5.1. CO-PERMITTEES
5.2. LEGAL AGREEMENTS
5.3. RESPONSIBLE PARTIES
6. RELIANCE ON ANOTHER GOVERNMENT ENTITY
6.1.
NAME OF ENTITY
6.2.
MEASURE IMPLEMENTED
6.3.
CONTACT INFORMATION
6.4.
LEGAL AGREEMENTS
2
2
2
2
2
3
3
3
7
7
9
10
10
11
11
11
12
12
12
12
12
7. STORMWATER MANAGEMENT PROGRAM 13
7.1. PUBLIC EDUCATION AND OUTREACH ON STORM WATER IMPACTS 13
7.2. PUBLIC INVOLVEMENT AND PARTICIPATION 16
7.3. ILLICIT DISCHARGE DETECTION AND ELIMINATION 17
7.4. CONSTRUCTION SITE STORMWATER RUNOFF CONTROL 19
7.5. POST -CONSTRUCTION STORM WATER MANAGEMENT IN NEW DEVELOPMENT AND REDEVELOPMENT 20
7.6. POLLUTION PREVENTION/GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 24
APPENDICES
A.1 Copy of Towns Regulations pertaining to Post -Construction Runoff Control (Water Quality Protection) and Illicit
Discharges

1. STORM SEWER SYSTEM INFORMATION:
1.1 Population Served:
4185 (2000 Census) / 64272008 Est. by NC OSBM
• Permanent: 4185
• Basis of Population statistic: 2000 Census has Fletcher's population as 4185. The NC
Office of State Planning estimates that Fletcher's 2008 population is 6427.
• Seasonal: Census 2000 says Fletcher had 8 seasonal, recreational, or occasional use units,
or 0.4% of housing stock. Rutledge RV Park reports it has 4-5 seasonal residents annually.
1.2 Growth Rate:
1990 Census = 2787
2000 Census = 4185
10 year growth rate = 50% Annual average growth rate = 5%
1.3 Jurisdictional and MS4 Service Areas
Jurisdictional Area Total: 6.75 square miles
MS4 Service Area: 5.75 square miles (contiguous Town jurisdiction)
1.4 MS4 Conveyance System
The Town of Fletcher stormwater system is a combination of curb and gutter systems and open
drainage ways or ditches on local, State and private roads. The Town maintains most roads and
curb and gutter systems within major subdivisions. Some of these tie in to drainage systems on
State roads, but most drain into receiving streams directly. Other Town road systems are made up
of ditches or swales that flow into wetlands or receiving streams.
The State DOT maintains systems along the State Roads, which in Fletcher make up all primary
and arterial roads including US25, the main route through Town.
In addition to US25, the primary
and arterial roads in Fletcher are (from Fletcher State Powell Bill
Map, July 1, 2009):
Fanning Bridge (SR1358)
Hoopers Creek Road (SR1553)
Howard Gap (SR1006)
St. John's Road (SR1361)
Old Airport (SR1547)
Rutledge Road (SR1559)
Mills Gap (SR1551)
Cane Creek Road (SR1545)
There are private drives and small roadways that are both paved and unpaved and that connect to
Town and State roads and are maintained by owners. Most of these utilize open ditches.
Town maintenance includes leaf and garbage pickup, yard waste and brush removal, street
sweeping, and storm -drain clearance. Public Works staff will respond to complaints on storm drains
and clean out pipes and drains as needed with shovels, rakes, or other machinery. Fletcher's Public
Works Department currently maintains 8 full time employees.
Town, State and private systems channel water into curb and gutter systems, drainages or ditches
that flow into un-named tributaries, or into Pinner, Kimsey, Higgins, Hoopers or Cane Creek. There
are naturally occurring, intermittent wetland areas that trap and hold water before drainage systems
flow into the receiving -streams at various locations and the Town seeks to maintain these areas
through zoning and subdivision incentives and regulations. Cane Creek is the "trunk" stream that
flows into the French Broad River south of Asheville Regional Airport, at the southwest corner of
the Town's boundary. The upper part of Cane Creek from the source to Ashworth Creek is
classified as a trout stream ("C Tr") but has a "C" classification within the Town jurisdiction.

Hoopers Creek and Pinners Creek are classified as trout streams ("C Tr") within the Town's
jurisdiction until their confluence with Cane Creek.
Higgins Creek, in the vicinity of subdivisions along Fanning Bridge Road, will occasionally flow
out of its banks during sustained periods of high rain and will become muddy.
There are two unnamed, blue -line streams that flow out of Henderson County jurisdiction into
Cane Creek south of Town within a newly annexed property that has been donated to the Town as a
Park. It drains a large industrial area and should be studied further to assess its water quality. The
State's EEP (Ecosystem Enhancement Program) will be conducting a project on this land in order to
make water quality and stream improvements by turning a straight-line ditch into a meandering
stream as well as adding some wetland areas for water quality protection. We anticipate this project
to be completed in 2010/2011.
Several other un-named blue -line streams indicated on the USGS Topographical Survey are only
drainage ditches that were put in place as part of agricultural operations. These will hold or carry
water during periods of rain, but are usually dry.
1.5 Land Use Composition Estimates
• Residential
50%
• Commercial
15%
• Industrial
20%
• Open Space
15%
Total =
100%
1.6 Estimate Methodology for Land Use Estimates
➢ Jurisdictional Area and Land Use Composition were roughly estimated from visual observation
the municipal boundary map from Henderson County Planning's ArcView GIS System based
on current County Land Records.
1.7 TMDL Identification
None of the receiving streams within Fletcher's jurisdiction are TMDL controlled bodies of water.
3

2. RECEIVING STREAMS
The receiving streams within the Town of Fletcher are part of the French Broad River Basin. Several un-
named, blue -line streams identified on the 1:24,000 USGS topographical survey map are drainage ditches
that were put in place to drain agricultural lands. The Table includes only flowing or intermittent streams.
Table 1. French Broad River Basin: Stormwater Receiving Streams within the Town of Fletcher.
Receiving Stream
Stream Segment
Water
Use
Water
Name
Quality
Support
Quality
And Index
Classification
Rating
Issues
Number
Cane Creek
From Ashworth Creek to
C
Fully
Habitat
6-57- (9)
French Broad River
supporting
degradation
Pinner Creek
Source to Cane Creek
C Tr
Fully
Habitat
6-57-18
Source to Cane Creek
Su ortin
De adation
Hoopers Creek
C Tr
Fully
Habitat
6-57-19
-starting at Town Boundary at
English Oak Road
supporting
Degradation
Kimsey Creek
Source to Cane Creek
C
Fully
Habitat
6-57-22
supporting
Degradation
Higgins Branch
Source to Kimsey Creek
C
Fully
6-57-22-2
su ortin
Frady Lake
Entire Lake and connecting stream
C
Fully
6-5 7-22-1
To Kimsey Creek
su ortin
Un-named
From small pond/spring south and
C
Unrated
Tributary of Cane
parallel of Mills Gap Road to Cane
Creek
Creek
No DWQ index #
Un-named
From small pond/spring south of St.
C
Unrated
Tributary of Cane
John's Rd parallel to US25 to Cane
Creek
Creek
No DWQ index #
Un-named
From south Buncombe County to
C Tr
Unrated
Tributary
Cane Creek
Of Hoopers Creek
No DWQ index #
Un-named
From east of US25 near the railroad
C
Unrated
Tributary
to Cane Creek on the Meritor Park
Of Cane Creek
site
No DWQ index #
Un-named
from east of Old Brickton Road
C
Unrated
Tributary
(SR 1537) to Cane Creek on the
Of Cane Creek
Meritor Park site
No DWQ index #
The last two un-named tributaries listed flow from an industrial area in Henderson County, south of Town
jurisdiction into Cane Creek on the Meritor Park site, a 94 acre parcel of agricultural land that has been
donated to the Town for use as a park (see USGS North Carolina Topo: Skyland Quadrangle).
0

3. EXISTING WATER QUALITY PROGRAMS
3.1 Local Programs:
a. Local Nutrient Sensitive Waters Strategy: No
b. Local Water Supply Watershed Program: No
c. Delegated Erosion and Sediment Control Program: Yes —The Town of Pletcher refers land
developers to Henderson County's Soil & Erosion Control permitting for construction site runoff
control.
d. Land Use Plan: Yes, adopted in 1993
• Subdivision Ordinance adopted in 1994/New Land Development Code
adopted/effective March 2006. (Stormwater runoff provisions added to LDC)
• Open Space requirements became mandatory in 2006 for all new residential
development of 8 or more units;
• Requirement for erosion control plan approved by Henderson County for land
disturbing activity over one acre;
• Water Quality provisions to meet NPDES requirements became effective June 30, 2007.
• Floodplain regulations went into effect July 1, 2003. Floodmaps updated in 2008.
3.2 State Programs
a. CAMA Land Use Plan: No
b. Do you discharge to territorial seas, or oceans within the contiguous zone? No
c. Do you discharge to a TMDL controlled water body? No
e. Local NCDENR Sedimentation and Erosion Control on construction sites (over 1 acre)? No
This is now delegated to Henderson County's Soil & Erosion Control Division as outlined on
application.
5

4. PERMITTING INFORMATION
4.1 RESPONSIBLE PARTY CONTACT LIST
The Town Planning Director will be responsible for the day-to-day activities and the coordination and
implementation of the Town's Stormwater Management Program Goals.
a.
Name of Contact
Person
Eric Rufa
b.
Title
Town of Fletcher Planning Director
c.
Street Address
4005 Hendersonville Road
d.
PO Box
e,
City
Fletcher
f.
State
NC
g.
Zip
28732
h.
Telephone Number
[phone]
i.
Fax Number
[phone]
j.
E-Mail Address
[e-mail]
To meet certain goals, however, the Town must rely on the following entities and have procedures in place
for working with them:
Goal: Prevent hazardous materials from reaching area streams through timely and effective
emergency management in hazardous spill situations. (See Chapter 7.3)
•
Name of Entity
Fletcher Fire and Rescue, Inc.
•
Element they will implement
Hazardous Material Spill Response
•
Contact Person
Greg Garland
•
Contact Address
PO Box 476, Fletcher, NC 28732
•
Contact Telephone Number
and Fax
[phone]
•
Email
[e-mail]
•
Name of Entity
Henderson County Emergency Management/911
•
Element they will implement
Hazardous Material Spill Response
•
Contact Person
Rocky Hyder
•
Contact Address
240 2 nd Ave. E. Hendersonville, NC 28792
•
Contact Telephone Number
and Fax
[phone]
•
Email
[e-mail]
rel

Goal: Maintain roads and storm sewer infrastructure. (See Chapter 7.3)
• Name of Entity
NC Department of Transportation — Division 14
• Element they will implement
US25 and State Road maintenance
• Contact Person
Mark Gibbs, District Engineer
• Contact Address
4142 Haywood Rd., Horseshoe, NC 28742
• Contact Telephone Number and Fax
[phone] FAX: [phone]
Goal: Regular inspections of existing septic systems and wells. (See Chapter 7.3)
• Name of Entity
Henderson County Environmental Health Department
• Element they will
well, septic, and wastewater treatment systems inspections
implement
• Contact Person
Robert ]ones, Environmental Health Supervisor
• Contact Address
1200 Spartanburg Highway, ste. 100, Hendersonville, NC
28792
• Contact Telephone
[phone]
Number
Goal: Maintain an effective Erosion and Sediment Control Program for construction activities in
coordination with the local NCDENR Office. (See Chapter 7.4)
• Name of Entity
Henderson County
• Element they will implement
Erosion and Sediment Control Program for construction
activities
• Contact Person
Natalie berry, PE
• Contact Address
100 N. King St Hendersonville NC 28792
• Contact Telephone Number
and Fax
828-697-4830
Fletcher has also worked in the past (and will continue in the future where possible) with a regional
workgroup overseen by Land of Sky Regional Council to collectively address some of the minimum
measures under NPDES. (Particularly with regard to Public Education and Outreach and Public Involvement
and Participation. The Town is also a member of the Fletcher Area Business Association (FABA), which
may assist in the dissemination of educational materials. As Fletcher is a relatively small Town, we will
continue to look for areas/opportunities for collaboration to assure compliance with all measures.
7

4.2 ORGANIZATIONAL CHART
Parks and Recreation Police Dept
Greg Walker, Dir. Tim Christol, Chief
Parks Maintenance Police Officers
2 Full time I I Full time
4 Reserve
Fletcher Town Council
Mayor William B. Moore
Town Manager
Mark Biberdorf
Town Administration
Heather Taylor, Finance & HR
Candy Broome, Tax Collector
Jan Merrill, Assistant Tax
Collector and Administrator
Christine Thompson, Town
Public Works
Ronnie Frady, Director
Steve Morgan,
Public Works Crew
7 Full time
Planning Zoning
Eric Rufa, Administrator,
Director Eric Rufa
The Town Planning and Public Works Department coordinates with NCDOT Division 14 on driveway permits and maintenance requests or needs,
depending on the situation.
Developers are required by the Town to go to obtain Soil and Erosion Control Permit from Henderson County for any land disturbing activity of
one acre or more. If someone contacts Town Hail with a complaint regarding construction site runoff, Town staff refers them on to the County.
The County Environmental Health Department regularly inspects all known septic and well systems in the Fletcher Area.
Fletcher Fire and Rescue is a separate 501(c)3 Organization that maintains contracts with the Town to provide Fire Protection and Emergency
Services and to allow Town vehicles to utilize the Fire Departments gas fueling station. In an emergency or a Hazardous Material Spill, Fletcher
Fire and Rescue will be dispatched by the County's 911 System. In cases of Hazardous Spills that cannot be properly addressed with local efforts,
the County maintains a contract with NEO, an Environmental Consulting Firm which will be called in to Fletcher by the County as needed.
The Town is a voting member of the Land -of -Sky Regional Council of Governments and a member of the Greater Hendersonville Chamber of
Commerce and the Fletcher Area Business Association.

4.3 SIGNING OFFICIAL
The Signing Official for this application is William B. Moore, the Mayor of Fletcher, the elected official
with the highest authority in accordance with Town By -Laws.
4.4 DULY AUTHORIZED REPRESENTATIVE
NIA

fi. RELIANCE ON ANOTHER GOVERNMENT ENTITY
6.1 — 6.3: Table 2: Assisting Government Entities, Measures Implemented, and Contact Information
a. Do you intend that another
entity perform one or more of
your permit obligations?
X Yes ❑ No
b. If yes, identify each entity and the element they will be implementing
• Name of Entity
Fletcher Fire and Rescue, Inc.
• Element Implemented
Hazardous Material Spill Response
• Contact Person
Greg Garland
• Contact Address
PO Box 476, Fletcher, NC 28732
• Contact Telephone No.
[phone]
• Name of Entity
Henderson County Emergency Management/911
• Element Implemented
Hazardous Material Spill Response
• Contact Person
Rocky Hyder
• Contact Address
240 2 nd Ave E. Hendersonville NC 28792
• Contact Telephone No.
[phone]
• Name of Entity
NC Department of Transportation — Division 14
• Element Implemented
US25 and State Road maintenance
• Contact Person
Mark Gibbs, District Engineer
• Contact Address
4142 Haywood Rd., Horseshoe, NC 28742
• Contact Telephone No.
[phone]
• Name of Entity
Henderson County Environmental Health Department
• Element Implemented
Well, septic, and wastewater treatment systems inspections
• Contact Person
Robert Jones, Environmental Health Supervisor
• Contact Address
1200 Spartanburg Hwy, ste. 100 Hendersonville, NC 28792
• Contact Telephone No.
[phone]
• Name of Entity
Henderson County Soil & Erosion Control
• Element implemented
Construction -site Run-off Inspection
• Contact Person
Natalie Berry,PE
• Contact Address
100 N. icing St. Hendersonville, NC 28792
• Contact Telephone No.
[phone]
6.4 LEGAL AGREEMENTS
Town maintains a contract with Fletcher Fire Department, Inc. for Fire Protection Services..
Henderson County provides Emergency (911) and Environmental Health Department Services as
part of County services. The DOT Division Office and Henderson County Soil and Erosion Control
services are made available by the State without formal agreements with the Town. Note: DOT
Division 14 Road maintenance services. are not technically part of our MS4 program but are listed
here because Town facilities, including the Public Works Department are on State roads, and
facilities' stormwater run-off drains into the DOT system.
11

7. STORMWATER MANAGEMENT PROGRAM
The Town must implement and enforce a Stormwater management program (SWMP) designed to reduce the
discharge of pollutants from its small MS4 to the maximum extent practicable (MEP), to protect water
quality, and to satisfy the appropriate water quality requirements of the Clean Water Act.
7.1 PUBLIC EDUCATION AND OUTREACH ON STORM WATER IMPACTS
Minimum Measure (i): A public education and outreach program on the impacts of Stormwater
discharges on water bodies to inform citizens of how to reduce pollutants in Stormwater run-off. The
public body may satisfy this requirement by developing a local education and outreach program; by
participating in a statewide education and outreach program coordinated by the department, or a
combination of those approaches.
To meet this requirement the Town will implement a public education program to distribute educational
materials to the community and conduct outreach activities to educate the public on the impacts of
Stormwater discharges on water bodies. Educational efforts will include steps the public can take to
reduce pollutants in storm water run-off. To accomplish this, the Town will:
Goals:
1. Continue to explore the feasibility of regional approaches to the development and distribution of public
educational materials and/or utilizing any statewide education or outreach programs, and develop a
public materials distribution plan within two years. Have informational materials available in Town
Hall and on-line and through other mechanisms identified in the planning process during years 2-5.
2. Continue work with local resources including Land -of -Sky Regional Council, the Greater
Hendersonville Chamber of Commerce, RiverLink and NCSU (the French Broad River Watershed
Education Training Center or Cooperative Extension) and other local agencies and organizations to
participate in development of local trainings and materials for the public, landscapers, developers, and
schools. This could include topics such as Phase II Requirements, Parks and Recreation Maintenance,
Low -Impact Design, Watershed Planning and Protection, or Habitat and Stream Restoration. Conduct
or support and advertise at least one such training per year.
3. Continue to integrate streambank stabilization and best management practices (BMPs) into the Town's
Greenway Master Plan design as demonstration sites. Currently in pre -construction phase for a new
phase of the Cane Creek Greenway trail that will incorporate some element of stream stabilization and
stormwater wetland. Greenway trails and parks shall include signage and baggies for the proper disposal
of pet waste.
4. Continue to place educational stencils on existing Town -street storm drains alerting people that the
storm drains are not for waste disposal. Stencils were placed on many drains during previous permit
period but some will need to be replaced during next cycle, as some have been removed.
5. Continue to maintain (and improve upon) the Town's stormwater web page, which contains educational
information on water quality issues pertaining to stormwater runoff.
12

7.1.1 Target Audiences that will have storm water impacts:
• The general public
• Professional landscapers, graders, and developers.
• Town staff
7.1.2 Target Pollutant Sources our Education Program will address and Why:
Sedimentation and Erosion -- Many of the Town's streams show visual signs of erosion impacts.
The Town has worked successfully with NCSU to integrate a streambank stabilization project as
part of our Town Greenway bridge crossing and to include educational signage about Cane and
Hoopers Creeks, sedimentation and erosion control, and the importance of protecting our
streams. We have also worked with Carolina Mountain Land Conservancy to acquire additional
property along creeks that will tie in to the Greenway system, with conservation easements
placed on this land. We will continue to look for funding opportunities that will enable us to
participate in more streambank stabilization projects in the future. The Town would like to see
that Town property is not adversely contributing to sedimentation levels in Cane and Hoopers
Creeks.
• Household and yard waste — With a growing number of single family homes, the Town of
Fletcher staff has seen yard waste and even trash in our local system's storm drains. We also
want to make sure that residents do not dump hazardous materials, cleaners, automobile oil or
antifreeze, etc. into the storm drains.
Automotive pollutants from parking lots — With the current economic downturn, we have seen a
sharp decrease in new commercial development. Therefore, we have not had much new
development fall under our relatively new post -construction runoff control regulations that
would result in structural BM.P's that could serve as a model for pre-existing development. It is
our goal to promote retro-fits of existing parking lots where possible and where significant
redevelopment occurs, but do not anticipate much happening until current economic climate
improves.
• Fertilizers and pesticides — Town Parks and Maintenance staff have received NC Department of
Agriculture training on pesticide use and storage and they along with the appropriate Public
Works staff will continue to be kept up to date though trainings and educational materials on the
use of fertilizers and pesticides. The Town periodically includes articles in our newsletter
regarding various educational aspects and will continue to do so.
* Fecal Bacteria -- Residents will be provided with information on the proper disposal of pet
waste, kitty litter, etc. as part of regular solid waste informational materials distributed by the
Town and included in signage within Town park and greenway areas.
7.1.3 Outreach Program
Where possible, the Town will continue to work the Land -of -Sky Regional Council's Regional
work group to develop outreach strategies and "BMPs". We will also continue to maintain and
improve upon the Town's Stormwater web page at www.fletchemc.ora and print articles in the
newsletter periodically. We also have education material (brochures) available at Town Hall.
Staff also frequently encourages property owners to retro-fit existing development or areas with
recurring stormwater issues with BMP's to aid in water quality protection.
13

7.1.4 Evaluation
Given that Fletcher is a fairly small Town with limited resources, it is difficult to evaluate
effectiveness of efforts involving outreach. I consider every conversation regarding water quality
issues with a resident or business owner to be crucial in working toward long-range success and
improvement. Over time, we will be able to evaluate overall effectiveness by looking at the number
of complaints received, and by retrofits in pre-existing developments.
7.2 PUBLIC INVOLVEMENT AND PARTICIPATION
Minimum measure (ii): A public involvement and participation program consistent with all applicable
state and local requirements.
To meet this requirement the Town of Fletcher will:
Goals:
1. Continue to seek input and provide updates on Phase H requirements and implementation to Town
Council and the Town Planning Board as part of regularly scheduled public meetings.
2. Utilize the Planning Board to develop strategies and methods for improvement of our
implementation plan. This will include at least one annual public meeting where stormwater issues
are an item of discussion with either Planning Board or Town Council.
3. Continue to explore feasibility of working with other local agencies or adjoining communities to
develop public input and informational workshops or other processes.
4. To promote existing local "Adopt -a -Stream", "Adapt -a -Creek", or even "Adopt -a -Drain" programs
in coordination with RiverLink, Henderson County Environmental Conservation Organization,
Scout Troops, or other local resources.
5. Promote Annual `Big Sweep" Event each September to clean up the French Broad River and its
tributaries.
7.2.1 Target Audience
Same as 7.1.1
7.2.2 Evaluation
Given that Fletcher is a fairly small Town with limited resources, it is difficult to evaluate
effectiveness of efforts involving public involvement and participation, as we cannot require
residents to participate. Over time, we will be able to evaluate overall effectiveness by looking at the
number of complaints received, and by observation of reduced waster around drainage inlets and
along streams and ditches.
14

7.3 ILLICIT DISCHARGE DETECTION AND ELIMINATION
Minimum Measure (iii): A Program to detect and eliminate illicit discharges within the MS4. The
Program shall include a storm sewer system mapping component that at a minimum identifies
Stormwater outfalls and the names and location of all waters within the jurisdiction of the public body.
To meet this requirement the Town of Fletcher will continue to develop, implement and enforce a
program to detect and eliminate illicit discharges into the MS4, by:
l . Maintaining and improving upon our map of the MS4 system and its outfalls relative to available
USGS. Our outfalls were mapped by our consulting engineering firm and are contained in the
Town's Stormwater Master Plan. (and the map would also be available electronically upon request.)
2. The Town adopted a local ordinance with regulatory fines to prohibit illicit discharges into the
system or the receiving streams. This ordinance is contained within Article 6 of the Town's Land
Development Code. This ordinance contains enforcement measures that involve notification and
potential fines for violations. A copy of our regulations pertaining to Illicit Discharges is
attached as an addendum to this narrative supplement.
3. Continue to further develop and improve upon our plan to detect and eliminate illicit discharges as
part of the local regulations implemented with the permit. Our stormwater web page continues
information on how to reach Town staff with complaints on potential illicit discharges.
4. Prevent hazardous materials from reaching area streams through timely and effective emergency
management in hazardous spill situations.
5. Maintain roads and storm sewer infrastructure in coordination with NCDOT, Division 14.
6. Regular inspections of existing septic systems and wells by the Henderson County Environmental
Health Department.
7. Provide training for Town employees charged with identification of illicit discharge through
workshops and through cooperative efforts with other affected jurisdictions.
8. Publish Town of Fletcher contact information with respect to public reporting of illicit discharges on
the Town web site, local newspaper, and Town published newsletter.
7.3.1 Storm Sewer System Map
A map of Fletcher's Storm Sewer System was developed by our consulting engineering firm,
McGill Associates, as part of our Stormwater Master Plan. The map contains identified outfalls to
the receiving waters. We will periodically work with McGill on updates to the map. However, as
development has decreased dramatically with the recent economic downturn, we do not anticipate
much development that will result in additional outfalls in the near term.
7.3.2 — 7.3.3 Regulatory Mechanisms and Enforcement
The Town adopted a local ordinance with regulatory fines to prohibit illicit discharges into the
system or the receiving streams. This ordinance is contained within Article 6 of the Town's Land
15

Development Code. This ordinance contains enforcement measures that involve notification and
potential fines for violations.
7.3.4 Detection and Elimination
The Town will continue to further develop and improve upon its plan to detect and address illicit
discharges to the system through BMPs such as dry weather field screening, inspection of on -site
sewage disposal systems, or other approach. To accomplish this, the Town will coordinate with the
County's Department of Environmental Health and may utilize an environmental firm or consulting
agency to assess and conduct regular inspections of new and existing BMP's and stormwater
infrastructure.
• 7.3.4.1 Priority areas and possible illicit discharges were identified as part of system mapping;
As we are near the end of our first 5-year permit, we will be beginning to contact owners where
these possible illicits are located and will engage in enforcement procedures as warranted. Due
to limited staff/budget resources, the Town may have to utilize the services of our consulting
engineering firm to assist in this action.
• 7.3.4.2 Procedures for tracing sources of illicit discharges are largely complaint driven due to
limited staff/budget resources. Several possible illicits were detected during mapping via field
observations. Staff will work with our consulting engineer on confirmation and will engage in
enforcement procedures with owners as warranted.
• 7.3.4.3 Procedures for removing the source of the illicit discharge involve enforcement
procedures as warranted if illicit discharges are confirmed.
• 7.3.4.4 Procedures for the evaluation of the plan to detect and eliminate illicit discharges will
be addressed during the next five-year permit cycle.. To date, the Town has not experienced a
large volume of complaints regarding the issue. We cannot properly evaluate this plan until a
baseline is created that illustrates the magnitude of problems involving illicit discharges.
7.3.5 Non Stormwater Discharges and Incidental non -storm water discharges
Our ordinance on Illicit Discharges lists the following PROHIBITED DISCHARGES:
Prohibited substances and discharges include but are not limited to:
1. Wastewater lines (such as from washing machines)
2. Sanitary sewer lines
3. Food waste
4. Oil
5. Grease
6. Household, industrial and chemical waste
7. Anti -freeze
8. Animal waste
9. Paints
10. Paint wash water
11. Garbage
12. Litter
13. S-,,imming pool discharges
14. Leaves
15. Grass clippings
16. Dead plants
T�

Our ordinance also addresses the following allowable discharges (provided that they do not
significantly impact water quality.)
1. Drinking water line flushing
2. Discharge from emergency fire fighting activities
3. Irrigation water
4. Diverted stream flows
5. Uncontaminated ground water
6. Uncontaminated pumped ground water
7. Discharges from potable water sources
8. Residential foundation/footing drains
9. Air conditioning condensation
10. Uncontaminated Springs
11. Water from crawl space pumps
12. Individual non-commercial car washing operations
13. Flows from riparian habitats and wetlands
14. Street wash water
15. Other non-stormwater discharges for which a valid NPDES discharge permit has been
authorized and issued by the U.S. Environmental Protection Agency or by the State of
North Carolina, and provided that any such discharges to the municipal separate storm
sewer system shall be authorized by the Town of Fletcher.
7.3.6 Outreach
The Town will inform public employees, businesses, and the general public of hazards associated
with illegal discharges and improper disposal of waste through our Town newsletter and other
informational material provided via the Town's stormwater page on our website at
www.fletchernc.org. This need will be incorporated into other public outreach and Town pollution
prevention/good housekeeping efforts as appropriate.
7.3.7 Staff Training
The Town periodically shows a training video on illicit discharge detection (and good housekeeping
measures). if staff in another department observes a possible illicit discharge, they would report it to
Planning Staff.
7.3.8 Evaluation
Over time, we will be able to evaluate overall effectiveness by looking at the number of complaints
received. To date, our experience so far suggests that there is not a large problem with illicit
discharges, as we have received very few complaints, not observed very many illicit discharges. We
will continue education efforts to make sure that the public is aware of an avenue for reporting
potential violations.
17

7.4 CONSTRUCTION SITE STORMWATER RUNOFF CONTROL
Minimum Measure (iv): A program to reduce pollutants in any Stormwater runoff to the MS4 from
construction activities resulting in a land disturbance ofgreater than or equal to one acre.
The Town is currently and will continue to meet this requirement by continuing to work with Henderson
County's Soil & Erosion Control Division as our locally delegated program for meeting this minimum
measure. Their program meets or exceeds the requirements of NCDENR (who we previously delegated
prior to the County's adcption of an ordinance.) We now refer developers to the County for erosion
control permits and we work well with County staff in reporting possible violsations as they arise.
Goals:
1. Maintain an effective Erosion and Sediment Control Program for construction activities in
coordination with the local Henderson County Office.
2. Potential violations can be reported to either the Town or the County. Our contact information is in
the Town newsletter and on our website.

7.5 POST -CONSTRUCTION STORM WATER MANAGEMENT IN NEW DEVELOPMENT AND
REDEVELOPMENT
Minimum Measure (v): A program to address post -construction Stormwater runoff from new development
and redevelopment projects that cumulatively disturb greater than or equal to one acre, including projects
less than one acre that are part of a larger common plan of development or sale, that discharge into the
MS4 or into an interconnected MS4.
To meet this requirement the Town has developed, implemented and is enforcing local regulations and a
local program to cover this minimum measure. The program ensures that controls are in place that would
prevent or minimize water quality impacts and includes strategies and structural and non-structural BMPs
that are best suited for Fletcher's topography and landscape. A copy of our regulations is attached and
included as an addendum to this narrative supplement. Our consulting engineering firm, McGill
Associates, drafted our regulations, which meets or exceeds the intent and spirit of the state model
ordinance. The Town will work with the State on any required improvements to our ordinance as necessary.
7.5.1 Program Requirements
The Town's program shall require all subject projects to apply for locally issued permit coverage under
one of the following Stormwater management options and parameters as set forth in guidance document
S WU-268-103102:
7.5.1.1 Low Density Projects. Projects shall be permitted as low density if they meet the following
criteria:
• No more than two dwelling units per acre or 24 percent built -upon area (BUA) for all
residential and non-residential development;
• Stormwater run-off from the development shall be transported from the development by
vegetated conveyances to the maximum extent practicable;
All BUA shall be at a minimum of 30 feet landward of al perennial and intermittent surface
waters. For the purpose of this Rule, a surface water shall be present if the feature is
approximately shown on either the most recent version of the soil survey map prepared by
the Natural Resources Conservation Service of the United States Department of Agriculture
or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps
prepared by the United States Geological Survey (USGS). An exception to this requirement
may be allowed when surface waters are not present in accordance with the provisions of
15A NCAC 2B .0233 (3)(a); and
• The permit shall require recorded deed restrictions and protective covenants to ensure that
development activities maintain the development consistent with the approved project plans.
7.5.1.2 High Density Projects. Projects exceeding the low density threshold established above shall
implement Stormwater control measures that:
Control and treat the difference in Stormwater runoff volume leaving the project site
between the pre and post development conditions for the 1 year 24 hour storm. Runoff
volume drawdown time shall be a minimum of 24 hours, but not more than 120 hours;
All structural Stormwater treatment systems used to meet the requirements of the program
shall be designed to have an 85% average annual removal for Total Suspended Solids;
19

General Engineering Design Criteria for all projects shall be in accordance with 15A
NCAC 2H .1008(c).
All BUA shall be at a minimum of 30 feet landward of all perennial and intermittent
surface waters. For the purpose of this Rule, a surface water shall be present if the feature
is approximately shown on either the most recent version of the soil survey map prepared
by the Natural Resources Conservation Service of the United States Department of
Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle
topographic maps prepared by the United States Geological Survey (USGS). An
exception to this requirement may be allowed when surface waters are not present in
accordance with the provisions of 15A NCAC 2B .0233 (3)(a); and
The permit shall require recorded deed restrictions and protective covenants to ensure that
development activities maintain the development consistent with the approved project
plans.
7.5.2 Operation and Maintenance Component
The Town's program includes an operation and maintenance component that ensures the adequate
long-term operation of the structural BMPs required by the program. This component is addressed
in Section 6.5.K of our Land Development Code, (copy attached), which contains our water quality
protection regulations. The program requires owners of permitted BMPs to submit annual
maintenance and inspection reports conducted and certified by a qualified professional. Due to the
current economic downturn, we have had hardly any new development occur under the new
regulations. Therefore, staff is able to verify that the few existing BMP's in Town are being
maintained. In the future as more BMP's are constructed, we will have to consider contracting with
our consulting engineering firm to aid in this component.
7.5.3 Control of Fecal Coliform
As the Town does not own and operate the sewer system not oversee inspections and permitting for
septic systems, we must refer developers, property owners etc. to Henderson County's Cane Creek
Sewer District or Environmental Health Dept. It is the County's responsibility to ensure the proper
operation and maintenance of on -site, private wastewater treatment systems, septic, and private well
systems. The Town will also include education about fecal bacteria from pet waste in its public
education program (7.1).
7.5.4 Programs Draining into SA Waters -- N/A
7.5.5 Programs draining into trout Jr) waters
The Town's floodplain regulations do not permit development within the floodway (or non -
encroachment area). As the areas of land adjacent to trout water's are in the floodway, development
will be located with a significant buffer from the streams, therefore not impacting temperature.
However, our post -construction runoff provisions also specifically state intent to minimize increases
in stream temperature.
7.5.6 Programs for Draining into Nutrient Sensitive Waters — NIA
20 —

7.5.7 Non -Structural BMPs
The Town completed a Strategic Plan and Community Visioning Process in 2000 updated in 2004)
that has led to several planning studies and initiatives, including:
The Greenway Master Plan that designates over 13 miles of greenway trails,
many of which follow riparian corridors. As a result of this plan, the Town has
received funding through the Federal Highway Enhancement Fund Program and
a grant from the Pigeon River Fund to incorporate streambank stabilization and
a pocket park with interpretive signage as part of the trail. We have also
worked successfully with Carolina Mountain Land Conservancy on the
acquisition of additional land for greenway extensions that include riparian
buffers. Most recently, the Town has been awarded ARRA funding for yet
another similar greenway extension.
■ The US25 Corridor Study and changes to the C-1 Zoning Regulations to
encourage shared parking and access management and more landscaping which
will reduce impervious surface, as well as mixed -uses along our primary
commercial corridor.
■ The Heart of Fletcher Concept Plan and Pattern Book and the subsequent
Brownfield Initiative which lays out a redevelopment plan for 35 acres of
property in the center of Fletcher, converting a former manufacturing site into a
mixed -use, walkable downtown district. The plan includes wetland areas set
aside for stormwater management.
■ The Local Transportation Plan integrates transit, roadway, pedestrian and
bicycle needs into one long range master plan, building on the Greenway and
Heart of Fletcher Plans. One goal is to make our community less automobile
dependent.
■ The Town completed a rewrite of its zoning and subdivision ordinances in 2005
(effective in March 2006) and integrated many of these initiatives and
incorporated the new requirements under the Phase II program as outlined
previously.
7.5.8 Structural BMPs
7.5.8.1 The Heart of Fletcher Redevelopment project includes the reconstruction of a
wetland to manage the district's stormwater and control stormwater flow into Cane
Creek. This project is still in the conceptual stages and has no concrete timeline for
development.
7.5.8.2 Filtration practices and infiltration practices will be researched for their
appropriateness and effectiveness in our area. The Town will explore the feasibility
of working with NCSU and Cooperative Extension to develop some BMP models
for the Town of Fletcher, providing a "menu of options" for BMP's that could be
used in new development.
21

7.5.9 Natural Resource Protection
The Town's new regulations require buffers from all streams, thus protecting the receiving waters.
The Town has sought to further protect these waters by working with the local land conservancy on
joint efforts to expand our Greenway Master Plan and to protect these corridors with conservation
easements.
7.5.10 Open Space Protection
The Town's Land Development Code has open space requirements for all new residential
developments involving 8 or more units. Much of the Town's existing open space lies in areas that
are designated as a floodplain. With only a few exceptions, our ordinance does not allow
development within the floodway areas, meaning that much of this area will remain open, especially
directly adjacent to receiving waters.
7.5.11 Tree Preservation
The Town does not mandate tree preservation for new development, though there is language in the
Land Development Code that encourages it. We do have landscaping requirements for new
development as well as requirements for vegetative buffers where commercial development abuts
residential uses and zoning districts. New development must also install new landscaping (street
trees and parking lot landscaping).
7.5.12 Street Design
The Town's Land Development Code offers a range of various street types within our chapter on
infrastructure requirements and we work with developers to recommend that streets be designed in
such a manner so as to minimize impervious surface yet maintain adequate access for emergency
vehicles. Our ordinance also allows for shared driveways.
7.5.13 Our ordinances do not yet address much in the way of green infrastructure. We will examine the
feasibility of this in the future.
7.5.14 Evaluation
As the economic downturn has dramatically reduced the amount of development we were seeing
prior to implementation of Phase II requirements, it is difficult to gauge the success of the Town's
new regulations. We will be able to better evaluate as new development occurs once the economy
occurs. (To date, we have only had 3 projects exceeding an acre that fall under the new
guidelines, out of which only ONE has been constructed).
22 E

7.6 POLLUTION PREVENTION/GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS
Minimum Measure (vi): A pollution prevention/good housekeeping program for municipal operations that
addresses operation and maintenance, including a training component, to prevent or reduce pollutant runoff
from those operations.
To meet this requirement the Town will continue to develop and improve upon an operation and
maintenance program that includes a training component and has the ultimate goal of preventing or reducing
pollutant runoff from municipal operations. To address these concerns, the Town:
Goals:
1. Has worked with the NC Division of Pollution Prevention and Waste Reduction Partners of Land -of -
Sky Regional Council to conduct a Good Housekeeping and Pollution Prevention Assessment of the
Public Works facility and will continue to implement recommendations from that assessment within the
current Public Works facility.
2. Continue its maintenance policies of good housekeeping and pollution prevention practices within the
current facility and the Town Parks and Greenways.
3. Utilize available training materials from EPA, the State, or other organizations as part of employee
training annually.
7.6.2 Affected Operations:
The principle municipal operations of the Town of Fletcher that are relevant to this permit program
are those of vehicle washing, automotive maintenance, and materials storage that all occur in the
Public Works Facility, and of Park and Greenway maintenance which occur on Town Park
properties.
7.6.3 Training:
Town will continue to seek training for maintenance and public works personnel in pollution
prevention and good housekeeping measures. The Town has a training DVD municipal stormwater
pollution prevention that is shown to PW and P&R maintenance staff periodically.
7.6.4 Maintenance and Inspections:
Town Parks and Recreation Maintenance staff is on Park property every day of the week to maintain
grounds and facilities. All garbage cans, picnic tables, dugouts, stands, and other park facilities are
anchored. Restroom and concession stand facilities are within permanent structures.
The Town Public Works staff is in the Public Works Facility daily and follows a routine
maintenance schedule of all other Town facilities. Public works staff and Parks maintenance staff
also respond as needed to complaints or maintenance needs. The Town has also implemented a
street sweeping program within the last few years.
23

7.6.5 Vehicular Operations:
The Town of Fletcher fleet includes 34 insured vehicles:
Light vehicle maintenance (oil changes, tire rotation, etc.) for vehicles are done at the Public Works
Facility. (inside an enclosed, protected garage area). Used oil is collected for recycling and stored in
an anchored tank with a cement spill basin. Basin is checked regularly and after rains for any
evidence of seepage or leaks and a monitoring sheet of the basin is maintained by the Public Works
Director. Automotive repair and significant maintenance for Town vehicles is done through a
contract with local private mechanic services.
There has been uncertainty over the last few years aver whether or not a new Public Works Facility
will be built. In the meantime, the Town has utilized an off -premise commercial car wash operation
for washing of most vehicles, though some vehicles are still washed at the existing facility. The
town will explore different options for Vehicle washing as part of their permit. The current Public
Works Facility does not have a wash bay and the Town is working to address run-off from Town
Vehicle washing.
The Town does not have an on -site fueling station for vehicles. All vehicles are fueled at existing
gas stations in town.
Salt and sand storage is under shelter at the Public Works Facility. Other materials are also stored
within the Public Works building and hazardous materials are stored on spill —pallets to contain any
materials if they should seep, leak, or spill out of their containers or barrels/drums.
Parking lot run-off from the Town Hall and the Public Works Facility drains into existing storm
drains or drainage ditches installed by NCDOT along US25 and Howard Gap Road respectively.
Drainage from the Police Department parking lot flows into a large grassy open space or into an
existing wetland area behind the Department. It had been thought that the Town Hall and Police
Department will be relocated into a centralized new Town Hall which is planned for the Heart of
Fletcher District. However, this has not yet occurred and there is no firm timetable on this project. It
had also been thought that the Public Works Facility would be moved to another location and
redesigned. However, at this point there are no timeframes for this project either, and it is now likely
that PW will remain in existing location for at least several years to come.
7.6.6 Waste Disposal:
The Town does not own or operate a waste transfer station. Town garbage trucks collect garbage
weekly and deliver it to the Henderson County landfill. The Town contracts with Curbside, Inc. to
collect recyclables.
7.6.7 Other Evaluations:
As a small Town we have limited municipal operations and vehicle maintenance, garbage
collection, and hauling of materials. These are just some of the services provided along with Town
facility and road maintenance, brush removal, sidewalk repair and other Public Works functions.
The Town does not: own/operate ambulance, EMT or transportation or transit services, nor does it
have a wastewater treatment plant or water utility, landfill, recyclables processing center, mining
operation, an airport, or marina.
Town staff evaluated all Town facilities and operations for their relevance/impact on the Phase II
program and concluded that Parks and Recreation maintenance and vehicle maintenance and
washing and material storage at the Public Works Facility are the only activities of impact under this
24

program. Unless otherwise directed by the State, the Town will not be seeking separate industrial
permits for these functions at this time, as they are part of overall Town services and operations.
7.6.8 Decision Process:
The Town has an outstanding record of good housekeeping practices and will continue to maintain
those practices in both our Public Works Facility and among our Parks and Recreation Maintenance
program. Other needs were determined by a walk-through by Michael Irwin of AMEC and by the
Good Housekeeping and Pollution Prevention Assessment completed by Waste Reduction Partners.
7.6.9 Evaluation:
Evaluation approaches will be determined for each of the goals under this Measure as the strategies
and approaches are better defined and as/if there are changes to the rules.
25

ARTICLE 6: ENVIRONMENTAL PROTECTION
S. All subdivision projects must comply with the North Carolina Sedimentation
Pollution Control Act and all attendant regulations.
6.5 Water Quality Protection
A. Statutory Authorization
The Town of Fletcher is authorized to adopt the requirements of this Section (Section
6.6) pursuant to North Carolina law, including but not limited to Article 14, Section 5
of the Constitution of North Carolina; North Carolina General Statutes 143-214.7 and
rules promulgated by the Environmental Management Commission thereunder;
Session Law 2004-163; Chapter 160A, §§ 174, 185.
B. Findings of Fact
It is hereby determined that:
Development and redevelopment alter the hydrologic response of local watersheds and
increase stormwater runoff rates and volumes, flooding, soil erosion, stream channel
erosion, nonpoint and point source pollution, and sediment transport and deposition,
as well as reducing groundwater recharge. These changes in stormwater runoff
contribute to increased quantities of water -borne pollutants and alterations in
hydrology that are harmful to public health and safety as well as to the natural
environment. These effects can be managed and minimized by applying proper design
and well -planned controls to manage stormwater runoff from development sites.
Further, the Federal Water Pollution Control Act of 1972 "Clean Water Act" and
Federal Phase II Stormwater Rules promulgated under it, as well as rules of the North
Carolina Environmental Management Commission promulgated in response to Federal
Phase 11 requirements, compel certain urbanized areas, including this jurisdiction, to
adopt minimum stormwater controls such as those included in this Section.
Therefore, the Town of Fletcher establishes this set of water quality and quantity
requirements to meet the requirements of state and federal law regarding control of
stormwater runoff and discharge.
C. Statement of Purpose
The purpose of these requirements is to protect, maintain and enhance the public
health, safety, environment and general welfare by establishing minimum requirements
and procedures to control the adverse effects of increased post -development
stormwater runoff and nonpoint and point source pollution associated with new
development and redevelopment, as well as illicit discharges into the Town of
Fletcher's municipal stormwater systems. It has been determined that proper
management of construction -related and post -development stormwater runoff will
minimize damage to public and private property and infrastructure; safeguard the
public health, safety, and general welfare; and protect water and aquatic resources.
These requirements establish storm water management requirements and controls to
prevent surface water quality degradation to the extent practicable in the streams and
FLETCHER, NC LAND DEVELOPMENT CODE 6.3

ARTICLE 6: ENVIRONMENTAL PROTECTION
lakes within the Town Limits and Extraterritorial Jurisdiction of Fletcher. This Section
seeks to meet this purpose by fulfilling the following objectives:
Minimize increases in storm water runoff from new development or
redevelopment to the maximum extent practicable for the applicable design
storm in order to reduce flooding, siltation, streambank erosion, increases in
stream temperature, and to maintain the integrity of stream channels and aquatic
habitats.
2. Minimize increases in non -point and point source pollution caused by storm
water runoff from development or redevelopment that would otherwise degrade
local water quality; Minimize the total volume of surface water runoff that flows
from any specific site during and following development in order to replicate
pre -development hydrology to the maximum extent practicable through the use
of structural and nonstructural stormwatet management Best Management
Practices (Bi fPs).
3. Establish minimum post -development stormwater management standards and
design criteria for the regulation and control of stormwater runoff quantity and
quality.
4. Establish design and review criteria for the construction, function, and use of
structural stormwater BM -Ps that may be used to meet the minimum post -
development stormwater management standards.
5. Ensure that structural and nonstructural stormwater BN Ps are properly
maintained and pose no threat to public health or safety.
6. Establishing provisions for the long-term responsibility for and maintenance of
structural and nonstructural stormwater BNfPs to ensure that they continue to
function as designed, are maintained appropriately, and pose no threat to public
safety.
7. Meet the requirements of the National Pollution Discharge Elimination System
(NPDES) Storm Water Permit and other requirements as established by the
Clean hater Act.
D. Applicability and Jurisdiction
Applicable Lands
Beginning with and subsequent to its effective date, these requirements are
applicable to all development and redevelopment located within the Town
Limits and Extraterritorial Jurisdiction of Fletcher, including, but not limited
to, site plan applications, subdivision applications, and grading applications,
unless exempt pursuant to Section 6.6.D.2, Exemptions to Applicability.
No building, structure, or land shall be used, occupied or altered, and no
building, structure, or part thereof shall be erected, constructed,
reconstructed, moved, enlarged, or structurally altered, unless in conformity
6.4 FLETCHER, NC LAND DEVELOPMENT CODE

ARTICLE 6: ENVIRONMENTAL PROTECTION
with these requirements and all other applicable requirements, except as
otherwise provided in this Section.
2. Exemptions to Applicability
All development and redevelopment are subject to these requirements, except
those which, as of the effective date of Tune 30. 2007, fit into one of the
following categories:
a. Cumulatively disturbs less than (1) one acre and is not part of a larger
common plan of development or sale.
Development and redevelopment that disturb less than (1) one
acre are not exempt if such activities are part of a larger common
plan of development or sale, even though multiple, separate or
distinct activities take place at different times on different
schedules.
b. Activities that are exempt from permit requirements of Section 404 of the
Federal Clean `dater Act as specified in 40 CFR 232 (primarily, ongoing
farming and forestry activities) are exempt from the provisions of this
Section.
e. Have been issued a Certificate of Building Code Compliance.
d. Have a valid building permit.
e. Are included on a valid preliminary subdivision plan.
No Development or Redevelopment Until Compliance and Permit
No development or redevelopment shall occur except in compliance with the
requirements of this Section or unless exempted. No development for which a
permit is required pursuant to this Section shall occur except in compliance with
the provisions, conditions, and limitations of the permit.
4. Conflict of Laws
This Section is not intended to modify or repeal any other ordinance, rule,
regulation or other provision of law. The requirements of this Section are in
addition to the requirements of any other ordinance, rule, regulation or other
provision of law. Where any provision of this Section imposes restrictions
different from those imposed by any other ordinance, rule, regulation or other
provision of law, whichever provision is more restrictive or imposes higher
protective standards for human or environmental health, safety, and welfare
shall control.
E. Definitions
Definitions pertaining to this Section are located in Article 18: Definitions.
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ARTICLE 6: ENVIRONMENTAL PROTECTION
F. Administration and Procedures
The Town of Fletcher Planning and Development will administer this Section. The
Director of Planning and Development will designate a Stormwater Administrator. In
addition to the powers and duties that may be conferred, the Stormwater
Administrator shall have the following powers and duties under this Section:
1. To re-iew and approve or disapprove applications for approval of plans
pursuant to the requirements of this Section.
2. To make determinations and render interpretations of the requirements of this
Section.
3. To establish application requirements and schedules, for submittal and review of
applications and appeals, to review and approve applications.
4. To enforce the provisions of this Section in accordance with its enforcement
provisions.
5. To make records, maps, and official materials as relate to the adoption,
amendment, enforcement, or administration of this Section.
6. To provide expertise and technical assistance to the Town of Fletcher.
a. To carry out the technical duties outlined in this Section, the Stormwater
Administrator may contract such services to another local government or
private entity.
7. To designate appropriate other person(s) who shall carry out the powers and
duties of the Stormwater Administrator.
To take necessary actions to administer the provisions of this Section.
G. Standards
Design standards are established for the purpose of promoting sound development
practices with respect to minimizing water quality impacts and are not intended to
prohibit the use of innovative and alternative techniques that demonstrate the ability to
successfully achieve the objectives of this Section. Land development activities shall be
performed in such a manner as to minimize the degradation of water quality conditions
through compliance with the Standards listed below.
1. Required for all development and redevelopment which disturbs (1) one -acre
or more.
All storm water treatment measures shall control and treat the runofffrom
the 1-year 1-hour storm event for the Town ofFletcher (currently 1,29
inches).
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ARTICLE 6: ENVIRONMENTAL PROTECTION
3. All storm water treatment measures used to meet the requirements of this
Section shall be designed to have a minimum of89% average annual removal
for Total Suspended Solids (TSS).
4. Areas designated as open space that are not, or will not be disturbed or
developed do not require storm water runoff treatment.
Where any storm water treatment measure utilizes a temporary water quality
storage pool as a part of its treatment system, the drawdown time shall be a
minimum of 48-hours and a maximum of 120-hours. The minimum draw down
orifice size shall be 2-inches or equivalent, even if this results in a drawdown
Lime faster than 48-hours.
6. All built -upon area shall be at a minimum of 30-feet landward of all perennial
and intermittent surface waters. A perennial or intermittent surface water shall
be deemed present if the feature is approximately shown on either the most
recent version of the soil survey map prepared by the Natural Resources
Conservation Service of the United States Department of Agriculture (USDA)
or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle
topographic maps prepared by the United States Geologic Survey (USGS). An
exception to this requirement may be allowed when site -specific determination
made using NC Division of Water Quality -approved methodology.
H. Water Quality Design Manual
The Town of Fletcher shall utilize the latest edition of the North Carolina North
Carolina Department of Environment and Natural Resources (DENR) Division of
Water Quality (DWQ) Stormwater Best Management Practices Design Manual as the
Stormwater Design Manual. The manual can be viewed at:
http://h2o.enr.state.nc.us/su/Manuals Factsheets.htrn
Stormwater management practices that are designed, constructed, or maintained in
accord with the Stormwater Design Manual must be presumed to comply with these
requirements. However, the Stormwater Administrator shall have the right to consult
other engineers and duly qualified professionals, and to impose any conditions or
require any modifications deemed necessary to meet the purpose, intent and
requirements of this Section.
I. Stormwater Permit, Plan Submittal and Review
1. Stormwater Permit
A stormwater permit is required for all development and redevelopment which
disturbs (1) one acre or more, unless exempt pursuant to this Section. For all
activities which are subject to this Section, no person shall initiate, proceed, or
undertake any land disturbing or development activity for which a permit is
required without First being issued a written stormwater control permit.
All other required applications must be received and permits must be obtained
prior to the start of the work. These may include but are not limited to Soil
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ARTICLE 6: ENVIRONMENTAL PROTECTION
Erosion and Sedimentation Control, Flood Damage Prevention, Subdivision,
Building Permits and Inspections, NC Department of Transportation, NC
Division of Water Quality, US Army Corps of Engineers, and NC DENR-Dam
Safety.
A stormwater pemut shall govern the design, installation, and construction of
stormwater management and control practices on the site, including structural
BMPs and elements of site design for stop-nwater management other than
structural BM -Ps.
The permit is intended to provide a mechanism for the review, approval, and
inspection of the approach to be used for the management and control of
stormwater for the development or redevelopment site consistent with the
requirements of this Section, whether the approach consists of structural BMPs
or other techniques such as low -impact or low -density design. The permit does
not continue in existence indefinitely- after the completion of the project; rather,
compliance after project construction is assured by the maintenance provisions
of this Section.
2. Stormwater Permit Application
a. Content
The Stormwater Administrator shall establish requirements for the
content and form of all Stormwater Permit Applications and establish
submittal checklist.
At a minimum, the stormwater permit application shall describe in detail
how post -development stormwater runoff will be controlled and
managed, the design of all stormwater facilities and practices, and how the
proposed project will meet the requirements of this Section.
The submittal shall include all of the information required in the submittal
checklist established by the Stormwater Administrator.
b. Pre -parer
The stormwater permit application and plans pursuant to this Section
shall be prepared by a qualified registered North Carolina professional
engineer or landscape architect, and the engineer or landscape architect
shall perform services only in their area of competence, and shall verify
that the design of all stormwater management facilities and practices
meets the submittal requirements for complete applications, that the
designs and plans are sufficient to comply with applicable standards and
policies found in the Design Manual, and that the designs and plans
ensure compliance with the requirements of this Section.
3. Fees
The Stormwater Administrator shall establish permit review fees applicable to
the specific development or redevelopment. Additional permit reviews fees shall
be required for permit reviews that are contracted to another local government
or private entity.
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ARTICLE 6: ENVIRONMENTAL PROTECTION
4. Schedule
The Stormwater Administrator shall establish a submission and review schedule
for applications. The schedule shall establish deadlines by which complete
applications must be submitted for the purpose of ensuring that there is
adequate time to review applications, and that the various stages in the review
process are accommodated.
5. Submittal
Applications shall be submitted to the Stormwater Administrator pursuant to
the application submittal schedule in the form established by the Stormwater
Administrator, along with the appropriate fee established pursuant to this sub-
section.
An application shall be considered as timely submitted only when it contains all
elements of a complete application pursuant to this Section, along with the
appropriate fee. If the Stormwater Administrator finds that an application is
incomplete, the applicant shall be notified of the deficient elements and shall be
provided with an opportunity to submit a complete application. However, the
submittal of an incomplete application shall not suffice to meet a deadline
contained in the submission schedule established above.
6. Review
The Stormwater Administrator shall review the application for completeness
and determine whether the application complies with the requirements of this
Section.
a. Approval
If the Stormwater Administrator finds that the application complies with
the requirements of this Section, the Stormwater Administrator shall
approve the application. The Stormwater Administrator may impose
conditions of approval as needed to ensure compliance with this Section.
The conditions shall be included as part of the approval.
b. Failure to Comply
If the Stormwater Administrator finds that the application fails to comply
with the requirements of this Section, the Stormwater Administrator shall
notify the applicant in writing, and shall indicate how the application fails
to comply. The applicant shall have an opportunity to submit a revised
application.
C. Revision and Subsequent Review
A complete revised application shall be reviewed by the Stormwater
Administrator after its re -submittal and shall be approved, approved with
conditions or disapproved. If a revised application is not re -submitted
within thirty (30) calendar days from the date the applicant was notified,
the application shall be considered withdrawn, and a new submittal for
the same or substantially the same project shall be required along with the
appropriate fee for a new submittal.
d. Concept Plan and Pre -submittal Meeting
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ARTICLE 5: ENVIRONMENTAL PROTECTION
Before a Stormwater Permit Application is deemed complete, the
Stormwater Administrator or developer may request a pre -submittal
meeting on a concept plan for the post -construction stormwater
management system to be utilized in the proposed development or
redevelopment project. This pre -submittal meeting should take place at
the time of the preliminary plan of subdivision or other early step in the
development process. The purpose of this meeting is to discuss the post -
construction stormwater management measures necessary for the
proposed project, as well as to discuss and assess constraints,
opportunities and potential approaches to stormwater management
designs before formal site design engineering is commenced.
To accomplish this goal, the following information should be included in
the concept plan, which should be submitted in advance of the meeting:
i Existing conditions / proposed site plans.
ii Natural resources inventory.
iii Stormwater management system concept plan.
�. Variances
1. Conditions
The Town of Fletcher may impose reasonable and appropriate conditions and
safeguards upon any variance it grants. Additional fees shall be required for the
technical evaluation of variances that are contracted to another local government
or private entity.
2. Applicability
Any person may petition the Town of Fletcher for a variance granting
permission to use the person's land in a manner otherwise prohibited by this
Section. To qualify for a variance, the petitioner must show all of the following:
a. Unnecessary hardships would result from strict application of the
requirements of this Section.
b. The hardships result from conditions that are peculiar to the property,
such as the location, size, or topography of the property.
The hardships did not result from actions taken by the petitioner.
d. The requested variance is consistent with the spirit, purpose, and intent of
this Section; will secure public safety and welfare; and will preserve
substantial justice.
3. Statutory Exceptions
Notwithstanding 6.6.D.2, , Exemptions to Applicability, exceptions from the
30-foot landward location of built -upon area requirement of all perennial and
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ARTICLE 6: ENVIRONMENTAL PROTECTION
intermittent surface waters as well as the deed restrictions and protective
covenants requirements shall be granted in any of the following instances:
a. When there is a lack of practical alternatives for a road crossing, railroad
crossing, bridge, airport facility, or utility crossing as long as it is located,
designed, constructed, and maintained to minimize disturbance, provide
maximum nutrient removal, protect against erosion and sedimentation,
have the least adverse effects on aquatic life and habitat, and protect water
quality to the maximum extent practicable through the use of BMPs.
b. When there is a lack of practical alternatives for a stormwater treatment
measures.
i These measures shall be located, designed, constructed, and
maintained to minimize disturbance, provide maximum nutrient
removal, protect against erosion and sedimentation, have the least
adverse effects on aquatic life and habitat, and protect water quality
to the maximum extent practicable.
ii The implementation of the stormwater treatment measures shall
not disturb existing vegetation.
iii Minor understory may be disturbed in order to accommodate these
measures. Trees and shrubs shall be placed to maximize screening
where the encroachment takes place.
When there is a lack of practical alternatives for utilities, including, but
not limited to, water, sewer, or gas construction and maintenance
corridor, as long as it is located, designed, constructed, and maintained to
minimize disturbance, provide maximum nutrient removal, protect
against erosion and sedimentation, have the least adverse effects on
aquatic life and habitat, and protect water quality to the maximum extent
practicable through the use of BMPs.
d. A lack of practical alternatives may be shown by demonstrating that,
considering the potential for a reduction in size, configuration, or density
of the proposed activity and all alternative designs, the basic project
purpose cannot be practically accomplished in a manner which would
avoid or result in less adverse impact to surface waters.
K. Operations and Maintenance Agreement
1. Private Development
Prior to the conveyance or transfer of any private lot or building site to be
served by a structural BlviP pursuant to this Section, and prior to issuance of any
permit for development or redevelopment requiring a structural BMP pursuant
to this Section, the applicant or owner of the site must execute an operation and
maintenance agreement that shall be binding on all subsequent owners of the
site, portions of the site, and lots or parcels served by the structural BNIP. Until
the transference of all property, sites, or lots served by the structural BMP, the
original owner or applicant shall have primary responsibility for carrying out the
provisions of the maintenance agreement.
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ARTICLE 6. ENVIRONMENTAL PROTECTION
2. Public Development
BMPs that are constructed on public land within public rights -of -way, and/or
within public easements shall be maintained by the public body with
ownership/jurisdiction of the subject property.
Agreement Requirements
The operation and maintenance agreement shall require the owner or owners to
maintain, repair and, if necessary, reconstruct the structural BMP, and shall state
the terms, conditions, and schedule of maintenance for the structural BMP. In
addition, it shall grant The Town of Fletcher a right of entry in the event that the
Stormwater Administrator has reason to believe it has become necessary to
inspect, monitor, maintain, repair, or reconstruct the structural BMP, however,
in no case shall the right of entry, of itself, confer an obligation on The Town of
Fletcher to assume responsibility for the structural BlvfP.
The operation and maintenance agreement must be approved by the Stormwater
Administrator prior to plan approval, and it shall be referenced on the final plat
and shall be recorded with the County Register of Deeds upon final plat
approval. A copy of the recorded maintenance agreement shall be given to the
Stormwater Administrator follo,;�ring its recordation.
L. Construction of Stormwater Management Measures
Stormwater management facilities shall be constructed in accordance with approved
plans and maintained in proper working condition. The applicant/property owner is
responsible for ensuring that the construction of drainage structures and stormwater
management measures are completed in accordance with the approved plan and
specifications.
Inspections which may be performed by the Town of Fletcher during construction N—,U
not relieve the developer of the responsibility to install stormwater management and
drainage facilities in accordance with the approved plan.
Revisions which affect the intent of the design or the capacity of the system shall
require prior written approval by the Stormwater Administrator.
M. As -Built and Final Plat Requirements
As -Built Requirements
Upon completion of a project, and before a certificate of occupancy shall be
granted, the applicant shall certify that the completed project is in accordance
with the approved Stormwater management plans and designs, and shall submit
actual "as built" plans for all stormwater management measures after final
construction is completed.
The "as bulb" plans shall show the final design specifications for all stormwater
management facilities and practices and the field location, size, depth, and
planted vegetation of all measures, controls, and devices, as installed. The
FLETCHER, NC LAND DEVELOPMENT CODE �-
G-12 .

ARTICLE 6: ENVIRONMENTAL PROTECTION
designer of the stormwater management measures and plans shall certify, under
seal, that the as -built stormwater measures, controls, and devices are in
compliance with the approved stormwater management plans and designs and
with the requirements of this Section. A final inspection and approval by the
Stormwater Administrator shall occur before the release of any performance
securities.
2. Final Plat Requirements
The exact boundary of all stormwater management BMPs shall be shown on
final plats prepared by a registered surveyor. These plats shall contain the
following statement: "This lot contains a stormwater management measure that
must be maintained in accordance with the recorded Operations and
Maintenance Agreement."
N. Performance Security for Installation and Maintenance
1. Purpose
The Town of Fletcher may, at its discretion, require the submittal of a
performance security or bond with surety, cash escrow, letter of credit or other
acceptable legal arrangement prior to issuance of a permit in order to ensure
that stormwater BMPs are installed as required by the approved stormwater
management plan, and/or are maintained by the owner as required by the
operation and maintenance agreement.
2. Amount
The amount of an installation performance security shall be the total estimated
construction cost of the BMPs approved under the permit, plus 50%.
The amount of a maintenance performance security shall be the present value of
an annuity of perpetual duration based on a reasonable estimate of the annual
cost of inspection, operation and maintenance of the BMPs approved under the
permit, at a discount rate that reflects the jurisdiction's cost of borrowing minus
a reasonable estimate of long-term inflation.
Forfeiture
The performance security shall contain forfeiture provisions for failure, after
proper notice, to complete work within the time specified, or to initiate or
maintain any actions which may be required of the applicant in accordance with
the requirements of this Section.
4. Default
Upon default of the applicant to construct, maintain, repair, and if necessary
reconstruct any stormwater device in accordance with the applicable permit, the
Stormwater Administrator shall obtain and use all or any portion of the security
to make necessary improvements based on an engineering estimate. Such
expenditure of funds shall only be made after requesting the applicant to comply
with the permit. In the event of a default triggering the use of installation of
FLETCHER, NC LAND DEVELOPMENT CODE 6-13

ARTICLE 6: ENVIRONMENTAL PROTECTION
performance security, the Town of Fletcher shall not return any of the unused
deposited cash funds or other security, which shall be retained for maintenance.
Costs in Excess of Performance Security
If the Town of Fletcher takes action upon such failure by the applicant, the
Town may collect the difference should the amount of the reasonable cost of
such action exceed the amount of the security held. This difference w-M be
collected from the applicant.
Refund
Within sixty (60) days of the final approval, the installation performance security
shall be refunded to the applicant or terminated, except any amount attributable
to the cost (plus 50%) of landscaping installation and ongoing maintenance
associated with the BMPs covered by the security. Any such landscaping shall be
inspected one (1) year after installation with replacement for compliance with
the approved plans and specifications and, if in compliance, the portion of the
financial security attributable to landscaping shall be released.
O. Inspections
1. Function of BMP as Intended
The owner of each structural B114P installed pursuant to this Section shall
maintain and operate it so as to preserve and continue its function in controlling
stortnwater quality and quantity at the degree or amount of function for which
the structural BMP was designed.
2. Right of Entry for Inspection
When any new BMP is installed on private property, the property owner shall
grant to the Stormwater Administrator the right to enter the property at
reasonable times and in a reasonable manner for the purpose of inspection.
Inspections may be conducted by the Stormwater Administrator on any
reasonable basis, including but not limited to: routine inspections; random
inspections; inspections based upon complaints or other notice of possible
violations; inspections of drainage basins or areas identified as higher than
typical sources of sediment or other contaminants or pollutants; inspections of
businesses or industries of a type associated with higher than usual dischargers
of contaminants or pollutants; inspections of discharges of a type which are
more likely than the typical discharge to cause violations of state or federal water
quality standards or the NPDES Storm Water Permit; and joint inspections with
other agencies inspecting under environmental and safety laws. Inspections may
include, but are not limited to: reviewing maintenance and repair records;
sampling discharges, surface water, groundwater, and material or water in BNIPs;
evaluating the condition of BNIPs and storm water management practices.
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ARTICLE 6: ENVIRONMENTAL PROTECTION
3. AnnuaI Maintenance Inspections
Inspections shall be conducted as prescribed by the Operations and
Maintenance Agreement. The person responsible for maintenance of auy
structural BMP installed pursuant to this Section shall submit to the Stormwater
Administrator an inspection report from one of the following persons
performing services only in their area of competence: a qualified registered
North Carolina professional engineer, landscape architect or person certified by
the North Carolina Cooperative Extension Service for stormwater treatment
practice inspection and maintenance. The inspection report shall contain all of
the following:
a. The name and address of the land owner;
b. The recorded book and page number of the lot of each structural BMP;
C. A statement that an inspection was made of all structural BMPs;
d. The date the inspection was made;
C. A statement that all inspected structural BMPs are performing properly
and are in compliance with the terms and conditions of the approved
maintenance agreement required by this ordinance; and
f. Signature and seal of a registered engineer, landscape architect or person
certified by the North Carolina Cooperative Extension Service for
stormwater treatment practice inspection and maintenance.
All inspection reports shall be on forms supplied by the Stormwater
Administrator. An original inspection report shall be provided to the Stormwater
Administrator beginning one year from the date of as -built certification and each
year thereafter on or before the date of the as -built certification.
P. Enforcement and Violations
1. Authority to Enforce
The requirements of this Section shall be enforced by the Stormwater
Administrator, his or her designee, or any authorized agent of the Town of
Fletcher.
2. Civil Penalties
Civil penalties may be imposed as follows:
a. Any person who violates any of the requirements of this Section, or rules
or orders adopted or issued pursuant to this Section, or who initiates or
continues a development for which a stormwater plan is required, except
in accordance with the terms, conditions and provisions of an approved
plan, is subject to a civil penalty. The maximum civil penalty for a
violation of this Section is $5,000 per day. Each day of a continuing
violation shall constitute a separate violation. Additional fees may be
charged for remedies and enforcement of this Section.
b. No penalty shall be assessed until the applicant has been notified of the
violation by registered or certified mail, return receipt requested, or other
means reasonably calculated to give actual notice. The notice shall
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ARTICLE 6: ENVIRONMENTAL PROTECTION
describe the violation with reasonable particularity, specify a reasonable
time period within which the violation can be corrected, and warn that
failure to correct the violation within the time period will result in the
assessment of a civil penalty or other enforcement action.
C. If the violation has not been corrected within the designated time period,
a civil penalty may be assessed from the date the violation is detected.
d. Refusal to accept the notice or failure to notify the Stormwater
Administrator of a change of address shall not relieve the violator's
obligation to pay such a penalty.
e. The Stormwater Administrator or other authorized agent may implement
the following enforcement actions question until the applicant has taken
the remedial measures set forth in the notice of violation and cured the
violations described therein:
Issue a stop work order to the person(s) violating the requirements
of this Section. The stop work order shall remain in effect until the
person has taken the remedial measures set forth in the notice of
violation or has otherwise cured the violation or violations
described therein. The stop work order may be withdrawn or
modified to enable the person to take the necessary remedial
measures to cure such violation or violations.
ii Refuse to issue a certificate of occupancy for any building or other
improvements constructed or being constructed on the site and
served by the stormwater practices.
iii Disapprove or withhold subsequent permits and development
applications.
iv Institute an action in a court of competent jurisdiction for a
mandatory or prohibitory injunction and order of abatement to
correct a violation of the requirements of this Section. Any person
violating this Section shall be subject to the full range of equitable
remedies provided in the General Statutes or at common law,
f. It is unlawful for a property owner to fail to meet the requirements of the
Operations and Mauitenaticc Agreement. Any person or association that
fails to meet the requirements of the Maintenance Covenant shall be
subject to a civil penalty payable to the Town of Pletcher of not more
than $500. Each day that the violation continues shall constitute a
separate violation.
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ARTICLE 6: ENVIRONMENTAL PROTECTION
6.6 Illicit Discharges
A.
0
10
Prohibited Discharges
No person shall cause or allow the discharge, emission, disposal, pouring, or pumping
directly or indirectly to any stormwater conveyance, the waters of the State, or upon the
land in manner and amount that the substance is likely to reach a stormwater
conveyance or the waters of the State unless permitted by an NPDES Permit.
Prohibited substances and discharges include but are not limited to:
1. Wastewater lines (such as from washing machines)
2. Sanitary sewer lines
3. Food waste
4. Oil
5. Grease
6. Household, industrial and chemical waste
7. Anti -freeze
8. Animal waste
9. Paints
10. Paint wash water
11. Garbage
12. Litter
13. Swimming pool discharges
14. Leaves
15. Grass clippings
16. Dead plants.
Allowable Discharges
Non-stormwater discharges associated with the following activities are allowed
provided that they do not significantly impact water quality:
1. Drinking water line flushing
2. Discharge from emergency Fire fighting activities
3. Irrigation water
4. Diverted stream flows
5. Uncontaminated ground water
6. Uncontaminated pumped ground water
7. Discharges from potable water sources
8. Residential foundation/footing drains
9. Air conditioning condensation
10. Uncontaminated Springs
11. Water from crawl space pumps
12. Individual non-commercial car washing operations
13. Flows from riparian habitats and wetlands
14. Street wash water
15. Other non-stormwater discharges for which a valid NPDES discharge permit
has been authorized and issued by the U.S. Environmental Protection Agency or
by the State of North Carolina, and provided that any such discharges to the
municipal separate storm sewer system shall be authorized by the Town of
Fletcher.
Illicit Connections
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ARTICLE 6. ENVIRONMENTAL PROTECTION
Connections to a stormwater conveyance or stormwater conveyance system that allow
the discharge of non-stormwater, other than the exclusions described in Section 6.7.B,
are unlawful.
Prohibited connections include, but are not limited to: Industrial/commercial floor
drains, waste water or sanitary sewers, wash water from commercial vehicle washing or
steam cleaning, and waste water from septic systems.
1. Grace Period
Where such connections exist in violation of this section and said connections
were made prior to the adoption of this provision or any other ordinance
prohibiting such connections, the property owner or the person using said
connection shallremove the connection within (1) one-year following the
effective date of this ordinance.
However, the one-year grace period shall not apply to connections which may
result in the discharge of hazardous materials or other discharges which pose an
immediate threat to health and safety, or are likely to result in immediate injury
and harm to real or personal property, natural resources, wildlife, or habitat.
Where it is determined that said connection:
a. May result in the discharge of hazardous materials or may pose an
immediate threat to health and safety, or is likely to result in immediate
injury and harm to real or personal property, natural resources, wildlife, or
habitat, or
b. Was made in violation of any applicable regulation or code, other than
this Section.
2. Time Period of Removal
The Stormwater Administrator shall designate the time period within which the
connection shall be removed. In setting the time limit for compliance, the
Stormwater Administrator shall take into consideration:
a. The quantity and complexity of the work,
b. The consequences of delay,
C. The potential harm to the environment, to the public health, and to
public and private property, and
d. The cost of remedying the damage.
I" 6_1$ LETCHER, NC LAND DEVELOPMENT CODE

ARTICLE 6. ENVIRONMENTAL PROTECTION
D. Spills/ Accidental Discharges
In the case of accidental discharges, the responsible party shall immediately begin to
collect and remove the discharge and restore all affected areas to their original
condition. The responsible party shall immediately notify the Town of Fletcher of the
accidental discharge including the location of the discharge, type of pollutant, volume
or quantity discharges, time of discharge and the corrective actions taken.
Notification shall not relieve any person of any expenses related to the restoration, loss,
damage, or any other liability which may be incurred as a result of said spill or leak, nor
shall such notification relieve any person from other liability which may be imposed by
State or other law.
E. Notice of Violation
When the Town Manager, Stormwater Administrator or authorized representative finds
that a discharge or disposal violates any provisions of this Section, the Town Manager,
Stormwater Administrator or authorized representative may issue a Notice of
Violation. The Notice of Violation shall identify the nature of the violation, amount of
penalty (if applicable), set forth the measures necessary to comply with this Section and
provide a specific time period for compliance.
The Notice may be served by registered or certified mail, hand delivery or any other
means determined to give actual notice. Refusal to accept the notice shall not relieve
the violator's obligation to comply with this Section or to pay such penalty.
F. Enforcement and Penalties
Any person that violates the provisions of this Section is subject to a civil penalty. A
civil penalty may be assessed from the date the violation first occurs.
1. No penalty shall be assessed until the person alleged to be in violation has been
notified of the violation.
2. The maximum civil penalty for each violation of this Section is $5,000. Each day
of violation shall constitute a separate violation.
3. The Town Manager, Stormwater Administrator or authorized representative
shall determine the amount of the civil penalty assessment. In determining the
amount of a civil penalty, allrelevant mitigating and aggravating factors shall be
considered including, but not limited to the following:
a. Degree and extent of harm caused by the violation
b. Cost of rectifying the damage
C. Whether the violator saved money through noncompliance
d. Whether the violator took reasonable measures to comply with this
Ordinance
C. Whether the violator voluntarily took reasonable measures to restore any
areas damages by the violation
f. Whether the violation was committed willfully
g. Whether the violator reported the violation
FLETCHER, NC LAND DEVELOPMENT CODE 6_19

ARTICLE 6. ENVIRONMENTAL PROTECTION
Prior record of the violator in complying or failing to comply with this
Code or any other local or State water pollution control rule or regulation.
Tn addition to the civil penalty, penalties for costs to restore damaged property
may be assessed based on restoration costs, which include but are not limited to,
clean up costs, devaluation of the property, and value of animal and plant life
damaged.
If an alleged violator does not pay a civil penalty assessed within 30 days after it
is due, or does not appeal a civil penalty assessment as provided in 6.7.G,
Appeals Process, the Director shall request the Division of Water Quality to
administer the penalty.
6. Violation of this ordinance shall not constitute a misdemeanor or infraction
punishable under the criminal laws of North Carolina.
G. Appeals Process
Any person who desires to appeal a demand for payment of the civil penalty- shall have
thirty (30) days from said demand of payment to appeal in writing to the Town
Manager, Stormwater Administrator or authorized representative.
1. The Town of Fletcher shall then grant an appeal hearing before the Town
Council within thirty (30) days after receipt of the appeal.
The Town of Fletcher shall provide the appellant a minimum of ten (10) days
notice of the time and place of the hearing.
3. Thereafter, the appellant shall have thirty (30) days to comply with the final
decision of the appeal hearing.
6.7 Steep Slopes
This section regulates development on mountains and hillsides to ensure growth occurs in a
manner that will preserve the Town's visual character, protect the public health, safety and
welfare, and promote environmentally sound design and planning. The regulations
established in this section recognize development in hilly or mountainous areas involves
special considerations due to the slope of the land. The following objectives serve as general
guidelines to fulfill the purpose of this section.
• To reduce the likelihood of slope failures by promoting safe and stable slopes on
developed or disturbed land
• To prevent inappropriate development and to protect life and property from
potentially- hazardous conditions
• To protect the quality of wetlands and watercourses from increased sedimentation
• To minimize grading, cut and fill operations, and impervious surfaces
• To protect plant and animal habitat from disturbance, development, and the
removal of vegetation
• To preserve the aesthetic and qualities of the natural terrain and to respect the
exiting topography and natural conditions
6.20 FLETCHER, NC LAND DEVELOPMENT CODE