NCS000440_OTHER_20130304

STORMWATER DIVISION CODING SHEET
MS4 PERMITS
PERMIT NO.
/\[c 0
DOC TYPE
❑FINAL PERMIT
❑ ANNUAL REPORT
0 APPLICATION
TPLIANCE
BAER
DOC DATE
❑ �`"" 0636 7
YYYY MDD

K-4C,',e 4-r ra , I z Vb
MEMORANDUM OF UNDERSTANDING
between
BUNCOMHE COUNTY
and
TOWN OF WOODFIN
This Memorandum of Understanding, made and entered into this 4 day of March,
2013, by and between the Buncombe County, a body politic and corporate of the State of North
Carolina (hereinafter sometimes "County"), and the Town of Woodfin, a municipal corporation
of the State of North Camlinq(hereinafter sometimes "Woodfin");
WITNESSETH:
WHEREAS, on September 27, 2006 the County adopted an ordinance regulating
stuwmwater runoff and same is codified in Chapter 26, Environment, Article VII: Stormwater
Management, Code of Ordinance of Buncombe County, North Carolina, commonly referred to
as the Stormwater ordinance;
WHEREAS, the Stormwater Ordinance was passed pursuant to the provisions of NCGS
Chapter 153A, Article 6, Delegation and Exercise of the General Police Power; and
WHEREAS, by Resolution. passed February 19, 2013, Woodfin has formally requested
that the Stormwater Ordinance be applied and enforced by the County within the municipal
boundaries of Woodfin in accordance with NCGS § 153A-122;
NOW, THEREFORE, the parties hereby enter into this Memorandum of Understanding
setting out their agreement with regard to the enforcement of the Stormwater Ordinance
within the Town of Woodfin as follows:
I..County has and will continue to regulate and enforce the provisions of the
Stormwater Ordinance through the Stormwater Management Office of the Buncombe County

Planning Department;
2. County shall provide adequate staff to administer and enforce the ordinance within
its jurisdiction Including Woodfin and Its.extra territorial Jurisdiction for the term of this
agreement;
3. County will charge and retain a fee of $525 per acre of disturbed area, or each
fraction of an acre, on all properties within Its jurisdiction including Woodfin and its extra
territorial jurisdiction that are subject to the terms and conditions of the 5tormwater
Ordinance; this fee will be paid by the Applicant as defined In the 5tormwater Ordinance; and
Woodfin understands and agrees that the County may, in its sole discretion, from time to time
Increase its fees for the management of this ordinance as same might reasonably be necessary
from time to time;
4. Woodfin shall manage compliance on the site of the disturbed area with all other
legal requirements of City, County, State and Federal Covernmants respecting the
development or project requiring Stormwater Management, including, but not limited to,
zoning, permits and local ordinances;
S. Should there be any question regarding the timing and applicability of the
Stowmwater ordinance on development projects in Woodfin which may be In progress on the
effective date of this Memorandum of Understanding then the decision regarding applicability
shall rest with Woodfin,
6. This agreement shall become effective upon execution by the parties and shall remain
In force and effect until June 30, 2018, and shall automatically renew for additional successive
five (5) year terms thereafter, unless either party gives the other party at least 30 days prior

written notice of intent to terminate;
7. Neither party shall assignor transfer, or permit the assignment or transfer of, this
agreement, or the rights hereunder, without the prior written consent of the other party;
8. The covenants and agreements herein contained shall be binding upon and inure to
the benefit of the parties hereto and their respective successors and assigns, provided nothing
herein shall be construed to permit a transfer or assignment expressly prohibited by the terms
of this agreement;
9. This memorandum of understanding constitutes the entire agreement by and
between the parties hereto, both parties acknowledging the absence of any other
representations not herein contained, and shall not be modified or otherwise amended except
by written agreement subsequently entered into;
10. Ai) notices required under this agreement sh all be deemed to be properly served
and shall be only served when posted by Certified United State Mail, Postage Prepaid, Return
Receipt Requested, Addressed to the Party to Whom Directed, or by a nationally recognized
overnight courier, or by hand delivery with confirmation of receipt at the address herein set
forth or at such other address as may from time to time be designated in waiting:
To; County
Jon Creighton
Asst. County Manager
46 Valley Street
Asheville, NC 28801
To: Woodfiri
Jason Young
Town Administrator
90 Elk Mountain Road
Woodfln, NC 28804

11. If any provision of this agreement shall to any extent be Invalid or unenforceable,
the remainder of this agreement shall not be affected thereby and each other provision of this
agreement shall be valid and enforceable to the fullest extent permitted by law.
TOWN OF WOODFIN
B
Jason Yu ng, 7o n dmi s ator
Attested to:
kCt '0
Cheryl M rs, Town Cleric
BUNCOMBE COUNTY
By: 7,
1 - - y
David Gantt, Chair
Buncombe County Commissioners
Atteste to:
Kathy ugh s, C rk to # B and

NC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Jason Young, Town Administrator
'['own of Woodfin
90 Elk Mountain Road
Woodfin, NC 28804
Dear Mr. Young:
Division of Water Quality
Charles Wakild, P. E.
Director
February 20, 2012
Dee Freeman
Secretary
The North Carolina Department of Environment and Natural Resources (NCDENR), Division of
Water Quality (DWQ), conducted a Municipal Separate Storm Sewer System (MS4) Compliance
Evaluation of the Town of Woodfin on February 15, 2012. The compliance evaluation is conducted to
evaluate the Town's compliance with the requirements of Section 402(p) of the Clean Water Act (CWA),
33 U.S.C. § 1342(p), the regulations promulgated there under at 40 Code of Federal Regulations Part
122.26, and the North Carolina National Pollutant Discharge Elimination System (NPDES) Permit No.
NCS000440. This document provides a summary of the compliance evaluation. Pursuant to the
conditions of the Town's Permit, NCS000440, the town must:
Submit the Town's stormwater ordinance
Develop and implement a post -construction program or sign an inter local agreement with
13uncombe County to allow the County to implement the Post -Construction Stormwater Program
Develop and implement an employee training program.
Develop and implement an inspection program.
Develop and implement a public education and public involvement program.
We will evaluate the town's progress sometime in August or September, 2012. In the meantime
let me know if there is anything our staff can do to assist in addressing these deficiencies.
Sincerely,
Mike Randall
North Carolina Division of Water Quality
Stormwater Permitting Unit
cc: Susan Wilson, DWQ Asheville Regional Office
Stormwater Permitting File
1617 Mail Service Center, Raleigh, North Carollria 27699-1617
Location; 512 N. Salisbury St, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: www.ncwaterguality om
One
North Carol ilia
Naturally
An Equal Opportunily 1 Affirmative Action Employer

F WArF Michael F. Easley, Governor
`o�0 Q. William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
0 � Division of Water Quality
1 1 /6/2002
THE "TOWN OF WOODFIN
COY RICE, MAYOR
90 ELK MOUNTAIN ROAD
WOODFIN, NC 28804-2124
Subject: NPDES Phase II Stormwater Program
Coy Rice:
In 1990 the U.S. Environmental Protection Agency's (EPA) Phase I stormwater program was promulgated under the
Clean Water Act. Phase I relies on National Pollutant discharge Elimination System (NPDES) permit coverage to
address stormwater runoff from: (1) "medium" and "large" municipal separate storm sewer systems (MS4s) generally
serving populations of 100,000 or greater, (2) construction activity disturbing 5 acres of land or greater, and (3) ten
categories of industrial activity. The NPDES Stormwater Phase II Final Rule was promulgated in December 1999 and is
the next step in EPA's effort to preserve, protect, and improve the Nation's water resources from polluted storm water
runoff. The Phase 11 program expands the Phase I program by requiring additional operators of MS4s in urbanized areas
and operators of small construction sites, through the use of NPDES permits, to implement programs and practices to
control stormwater runoff. Phase II is intended to further reduce adverse impacts to water quality and aquatic habitat by
instituting the use of controls on the unregulated sources of stormwater discharges that have the greatest likelihood of
causing continued environmental degradation.
The NPDES Stormwater Phase II Final Rule requires nationwide coverage of all operators of small MS4s that are
located within the boundaries of a Bureau of the Census defined "urbanized area" based on the latest decennial Census.
We are writing to you to remind you that the Town of Woodfin has been identified as being located within a census
designated urbanized area in both the 1990 and 2000 decennial census. As a regulated community, you are required to
develop a stormwater management program and apply for stormwater permit coverage, if you own and operate a small
MS4 or file a certification that the Town of Woodfin does not own or operate a small MS4. -The deadline for submitting
your application package or non -ownership certification is March 10, 2003. Application and certification documents, as
well as additional information on the NPDES stormwater program, are available for download at our web site . Our web
address is http://h2o.enr.state.nc.us/su/stormwater.htm1. You may also contact us for hard copies of the documents. If
you have any questions about this letter, please feel free to contact me (919-733-5083, ext.525) or Darren England
(919-733-5083, ext. 545)
Sincerely,
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
cc: Central Files
Stormwater and General Permits Unit Files
Asheville Regional Office
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699.1617 [phone]
NCernDENR
Customer Service
1-800.623-7748