NCS000458_APPLICATION_20160923

STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
b U U
DOC TYPE
El FINAL PERMIT
UAL REPORT .
APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑
YYYYMMDD

NPDES STORMWATER PERMIT RENEWAL APPLICATION FORM
This application form is for use by Local Governments seeking NPDES stormwater permit coverage for
Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A
complete application package includes this form and one copy of a Narrative of The Stormwater
Management Program. The required Narrative of The Stormwater Management Program is described
in Section VII of this form.
I. NAME OF LOCAL GOVERNMENT, PERMIT NUMBER, AND EXPIRATION DATE
Name of Local Government
Town of Hope Mills
Permit Number
NCS000458
Expiration Date
November 11, 2016
II. CO -PERMIT APPLICATION STATUS INFORMATION
(Complete this section only if co -permitting) RECEIVED
a. Do you intend to co -permit
3 2016
with another regulated public
❑ Yes ® No DENR-LAND QUALIiy
entity?
, „ I- .
b. If yes, name of regulated
1 ING
public entity
c. If yes, have legal
agreements been finalized
❑ Yes ❑ No
between the co- ermittees?
III. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT
OBLIGATIONS (If more than one, attach additional sheets)
a. Do you intend that another
entity perform one or more
® Yes ❑ No
of your permit obli ations?
b. If yes, identify each entity and the element they will be implementing
• Name of Entity
NCDEMLR
• Element they will
Erosion and Sedimentation Control
implement
• Contact Person
Tim LaBounty
• Contact Address
225 Green Street, Fayetteville, NC 28301
• Contact Telephone
910-433-3300
Number
c. Are legal agreements in
place to establish
❑ Yes ® No
responsibilities?
Page 1
SWU-264 June 17, 2015

NPDES RPE Stormwater Permit Application
IV, DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff member.
This delegation must name a specific person, their title/position, Documentation of board action
delegating permit authority to this person/position must be provided.
a. Name of person to which permit
authority has been delegated
b. Title/position of person above
V. SIGNING OFFICIAL'S STATEMENT
If authority for the NPDES stormwater permit has been appropriately delegated through
board action and documented in this permit application, the person/position listed in Section
IV above may sign the official statement below.
.1 certify, under penalty of law, that this document and all attachments were prepared under my.
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. lam aware that there are significant penalties for submitting false information,
including the passibility of fines and imprisonment for knowing violations.
Signature
I�I`,/
loop
Name
J ckie Warner
���` , �. • • :. �i
Title
own of Hope Mills Mayor
Street Address
5770 Rockfish Road
PO Box
: • U =
City
Hope Mills
o
State
NC
='
Zip
28348
,,v, yORE
Telephone
910-424-4555
E-Mail
[e-mail]
VI. LOCAL GOVERNMENT CONTACT INFORMATION
Provide the following information for the person/position that will be responsible for day to day
implementation and oversight of the stormwater program.
a.
Name of Contact Person
Elisabeth A Brown
b.
Title
Stormwater Administrator
c.
Street Address
5770 Rockfish Road
d.
PO Box
e.
City
Hope Mills
f.
State
NC
g.
Zip
28348
h.
Telephone Number
9104293516
j.
E-Mail Address
[e-mail]
Page 2
SWU-264 June 17, 2015

NPDES RPE Stormwater Permit Application
VII. NARRATIVE STORMWATER MANAGEMENT PROGRAM
Attach one copy of a narrative describing the stormwater management program. The report must
be presented in the following order.
1. Population and Estimated Growth Rate
2. Jurisdictional Area
3. Describe Stormwater Conveyance System
4. Estimated Land Use
5. Identify the Receiving Streams
6. Identify TMDLs (if applicable)
7. Identify impaired streams, likely sources, and existing programs that address the impairment
(if applicable)
8. List any existing water quality programs
9. Identify and describe any partnerships and/or inter -local agreements
10. Describe any state programs
11. Identify any other entity that the regulated public entity relies on to implement or manage its
stormwater program.
12. Identify points of contacts
13, Describe the public education and outreach program
14. Describe the public involvement and participation program.
15. Describe the Illicit Discharge Detection and Elimination- Program.
16. Describe the post -construction stormwater program
Describe practices to inspect and maintain municipally -owned facilities
17. Describe practices to inspect and maintain structural stormwater control devices
18. Describe practices to reduce polluted stormwater runoff from municipally -owned streets,
roads, and public parking lots, piped and vegetative conveyances, manholes, cleanouts, drop
inlets, and drainage structures.
19. Describe any training programs for municipal staff.
20, Describe spill response procedures for those at Municipally Owned and/or Operated Facilities
as well as those in the public right-of-way.
Page 3
SWU-264 ]une 17, 2015

Comprehensive Stormwater Management
Program Report
TQWRJ
Town of Hope Mills
North Carolina
August 8, 201.6

Table of Contents
Section1.0................................................................................... ..............................3
StormSewer System Information................................................................................................3
1.1 Population Served ................ ................................................................................................3
1.2 Growth Rate.........................................................................................................................3
1.3 ,Jurisdictional and MS4 Service Areas...............................................................................3
1.4 MS4 Conveyance System....................................................................................................3
1.5 Land Use Composition Estimates.......................................................................................3
1.6 TMDL Identification...........................................................................................................3
Section 2.0....................................................................... ....4
............................................................
Primary Receiving Streams, Hope Mills, North Carolina.........................................................4
Section3.0.......................................................................................................................................5
Existing; Water Quality Programs................................................................................................5
3.1 Local Programs....................................................................................................................5
3.2 State Programs .....................................................................................................................5
Section 4.0...........................
Permitting; Information.................................................................................................................6
4.1 Responsible Party Contact List..........................................................................................6
4.2 Organizational Chart..........................................................................................................6
4.3 SigningOfficial ..........................
4.4 Duly Authorized Representative........................................................................................7
Section5.0....................................................................................................................... ...8
Co -permitting Information...........................................................................................................8
Section6.0...............................................................
Reliance on other government entity to satisfy one or more permit obligations .....................9
Section 7.0................................................. .........10
...........................................................................
7.1 Public Education and Outreach on Stormwater Impacts..............................................1 1
7.2 Public Involvement and Participation.............................................................................13
7.3 Illicit Discharge Detection and Elimination....................................................................15
7.4 Construction Site Stormwater Runoff Control...............................................................18
7.5 Post Construction Stormwater Management in New Development and
Redevelopment.........................................................................................................................19
7.6 Pollution Prevention/Good Housekeeping_; for Municipal Operations ..........................24
Appendices
A-Stormwater Management Ordinance
B — Standards and Specifications
2

Section 1.0
Sturm Sewer System Information
1.1 Population Served
The permanent population of the Town of Hope Mills from the 20I5 US census is 16,163. There is no
known seasonal variation.
1.2 Growths Rate
The annualized growth rate calculated from the April 1, 2010 to July 1, 2015 census populations are 4.0%
per year.
1.3 ,Jurisdictional and MS4 Service Areas
The MS4 service area is approximately 7 square miles.
1.4 MS4 Conveyance System
The existing MS4 is comprised of sheet flow, open ditches, swale.s, curb and gutter, and drainage pipes.
It serves mainly to provide roadway drainage. Sheet flow and open ditches with culverts at crossings are
common in the older residential portions of the Town, while curb and gutter is more common in the
commercial areas and the newer residential subdivisions. The Natural Resource Conservation Service
Soil Sutvev of Cufrtberland and Hoke Counties in North Carolina describes the predominant soils as
excessively to well -drained. The average annual rainfall is approximately 46 inches. There are many
locations in the MS4 service area where infiltration is predominant and consequently many areas from
which there is no surface water discharge to mapped receiving streams.
MS4 maintenance on the Town owned portion of the system is performed by the Public Works
Department. Maintenance on NCDOT systems is performed by NCDOT. Maintenance on the privately
owned portions of the system is performed by private property owners. Annual maintenance performed
by the Public Works Department consists of clearing blockages and repairing damage to the system's
infrastructure. Periodic street sweeping is performed to reduce the amount of solids entering the storm
drain system. The goal is to sweep each street once per quarter.
1.5 Land Use Composition Estimates
Residential 47%n
Commercial 18%
Industrial 0%
Open Space 35%n
1.6 TMDL Identification
There are no current TMDL allocations for the Town of Hope Mills MS4 receiving streams. No streams
have been identified in the Draft 2016 303(d) list.
3

Section 2.0
Primary ReceivingStreams, Hope Mills, North Carolina
Receiving Stream
Description
Stream
Water Quality
Use
Water
303(d) List
Name
Segment
Classification
Support
Quality
Rating
Issues
Rockfish Creek
From mouth of Puppy Creek
18-31-(18)
B
Fully
None Known
n/a
to dam to Old Brower Mill
Supporting
Pond
Unnamed Tributary
From source to dam at
18-31-22-(1)
B
Not mapped
None Known
n/a
to Rockfish Creek
Permastone Lake
near Hope Mills
Permastone Lake
Rockfish Creek
From dam at Old Brower Mill
18-31-(23)
C
Fully
None Known
n/a
Pond to Cape Fear River
Supporting
Unnamed Tributary
From source northeast of
Not assigned
Not mapped
None Known
n/a
to Rockfish Creek
intersection of Muscat Road
C
near Hope Mills
and Brission Road to
Rockfish Creek
Unnamed Tributary
From source in Roslin
Not assigned
C
Not mapped
None Known
n/a
to Rockfish Creek
community along old railroad
near Hoe Mills
grade to Rockfish Creek
Unnamed Tributary
From source near Chicken
Not assigned
C
Not mapped
None Known
n/a
to Rockfish Creek
Foot Road along west side of
near Hoe Mills
I-95 to Rockfish Creek
Little Rockfish Creek
From unnamed tributary at
18-31-24-(4)
Fully
None Known
n/a
Lakewood Lake to
C
supporting
backwaters of Hope Mills
Lake
Beaver Creek
From source to Little
18-31-24-5
C
Fully
None Known
n/a
Rockfish Creek
Supporting
Unnamed Tributary
From source near 71s� High
Not assigned
C
Fully
None Known
n/a
to Rockfish Creek
School to Beaver Creek
supporting
near Hoe Mills
Unnamed Tributary
From source at small pond
Not assigned
C
Not mapped
None Known
n/a
to Rockfish Creek
north of Thomas Street to
near Hoe Mills
Little Rockfish Creek.
Little Rockfish Creek-
From backwaters of Hope
18-31-24-
B
Fully
None Known
n/a
Hope Mills Lake
Mills Lake to dam at Hope
(6.5)
supporting
Number 4 Lake
Mills Lake
Unnamed Tributary
From source at small pond
Not assigned
B
Not mapped
None Known
n/a
to Rockfish Creek
east of Hawthorne Street to
near Hoe Mills
Little Rockfish Creek
Little Rockfish Creek
From dam at Hope Mills Lake
18-31-24-7
C
Fully
None Known
n/a
to Rockfish Creek
Unnamed Tributary
From sources between Elk
Not assigned
C
_.sup2ortinQ
Not mapped
None Known
n/a
to Rockfish Creek
Road and US 301 to Little
near Hoe Mills
I Rockfish Creek

Section 3.0
Existing Water Quality Programs
3.1 Local Programs
The Town adopted a SLonnwater Management Ordinance in 2007 and Standards and Specifications in
2015. The ordinance is included as Appendix A and Standards included as Appendix B.
The Town of Hope Mills has adopted by resolution the 2030 Cumberland County Growth Plan which
recommends, among others, the support of the following water -quality related policies:
1) Conservation areas shall be identified and mapped to include 100 year floodplains, riparian
buffers along streams. Natural Heritage Areas, critical wildlife habitat public parks, and other
significant, limited or irreplaceable natural areas. Development, if any, should be limited and
attentive to the protection of environmental features
2) New development and infill development shall be especially encouraged in locations where a full
range of urban services and infrastructure (i.e. schools, fire stations, water and sewer facilities.
parks, and roads) is already in place, and where the public sector will not incur the full cost for
building new facilities to serve the area.
3) Advanced planning for all infrastructure facilities shall be supported and routinely updated on a
countywide basis. Facilities benefited by advanced planning shall include, at a minimum, schools,
roads, water, sewer, storrrrwater management, parks and greenways
4) Environmentally sensitive areas shall he identified and managed so as to protect them from
incompatible Find uses.
3.2 State Programs
The Town is currently operating under NPDES State Stormwater Permit # NCS00045&
The North Carolina Division of Energy. Mineral and Land Resources administers the North Carolina
Sedimentation and Erosion Control regulations.
5

Section 4.0
Permitting Information
4.1 Responsible Party Contact Dist
Measurable
Responsible
Position
Phone
Fax
Email
Goal
Part
Public
Elisabeth
Stormwater-
[phone]
[phone]
eabrown@townolhope
Education and
Brown
Administrator
mills.com
DUtrCaCh
Public
Elisabeth
Stormwater
[phone]
[phone]
eabrown @townothope
Participation
BE -own
Administrator
mills.com
and
Involvement
Illicit
Elisabeth
Stormwater
[phone]
[phone]
eabrown@townoihopc
Discharge
Brown
Administrator
mills.com
Detection and
Elimination
Construction
NCDEMLR
Land Quality
[phone]
(910)-486-0707
Site RUMoff
Control
Post-
Elisabeth
Stormwater
[phone]
[phone]
eahrown a townofliope
Construction
131-own
Administrator
mills.com
Runoff Cont['01
P011ution
Elisabeth
Stormwater
[phone]
[phone]
eabrown@townofliope
Prevention and
Brown
AdminisU'ator
mills.com
Good
HOUsekee pin g
4.2 Organizational Chart

Section 6.0
Reliance on other government entity to satisfy one or more hermit obligations
The Town of lope Mills will rely on the State Erosion and Sediment Control Program and the
Department of Water Quality's general stormwater permit program for construction activities to meet the
COnStRICtlOn Sk StOI'InWater rllnotf control regUlrement. Thel'e are no legal agreements in place to
establish responsibilities.
NC Sedimentation and Erosion Control Program
Sedimentation and EI•osion Control regulations
Fayetteville Regional Office
Systel Building,
225 Green St
Fayetteville. NC 28301
Telephone: [phone]
Fax: [phone]
C'�

Section 7.0
The Town of Hope Mills Stormwater Management Plan (SWMP) is designed to reduce the discharge of
pollutants from its MS4 to the maximum extent practicable, to protect water duality, and to satisfy the
requirements of the Clean Water Act.
The SWMP describes the Best Management Practices (BMPs) that will be implemented to meet each of
the six minimum measures required under the National Pollutant Discharge Elimination Systcm (NPDES)
Phase II stormwater regulations for small MS4s. 'rhe six mininurn} measures are;
1) Public Education and Outreach on Stormwater Impacts
2) Public Involvement and Participation
3) Illicit Discharge Detection and Elimination
4) Construction Site. Stormwater Runoff Control
5) Post -Construction Stormwater Management in New Development and Redevelopment; and
6) Pollution Prevention and Good Housekeeping for' Municipal Operations
The BMPs are implemented and will be improved within five years of the effective issuance date of the
DEMLR stormwater permit.
10

7.1 Public Education and Outreach on Stormwater Impacts
7.1.1 BMP Summary Table
Item #
BMP
Measurable Goals
Schedule (years)
Responsihle
Description
1 2 3 4 5
Position
Distribute
Distribute brochures through event
X
X
X
X
X
Storlllwater
Pollution
displays. direct mail, and in
Administrator
prevention
response to citizen requests.
brochures
Include information on steps to
reduce pollution sources including
proper disposal of oil.. proper
handling of fertilizer and pesticides,
and public reporting of illicit
discharges.
2
Stormwater
Maintain the stormwater
X
X
X
X
X
Storrllwater
information
information webpage on the Town's
Administrator
webpage
website. Provide information on
water quality, stormwater pollutants,
ways to minimize stormwater
impacts, and stormwater projects
and activities.
Provide contacts for reporting illicit
dischargesproblems. and concerns.
3
Conduct
Conduct annual informational
X
X
X
X
X
Stormwater
Annual Public
workshops. Include information on
Administrator
Education
municipal stormwater projects and
Workshops
ways the public can work to
enhance water c ualit .
4
Educational
Utilize age -specific educational
X
X
X
X
X
Stormwater
materials/school
information in schools and for
Administrator
presentations
presentations to school age children.
Present information in appropriate
forums.
5
Business
Conduct an educational campaign to
X
X
X
X
X
Stormwater
Outreach
inform businesses of illicit
Administrator
Program
discharges, reporting requirements,
improper waste disposal, sources of
nutrient and fecal coliform
Pollutants, and actions they can take
to reduce stormwater im acts.
6
Advertise
Run advertisements on local
X
X
X
X
X
Stormwater
through various
television, radio stations. direct
Administrator
media resources
mailings and newspaper ads about
stormwater pollution.
Partner with the Clean Water
Education Partnership (CWEP)

7.1.2 Target Pollutant Sources
The following table provides it list ol' the specific pollutant sources that will be addressed and why each
source is an issue.
Vehicle maintenance
Automotive produCtS such as oil and antifreeze are
harmful to both humans and animals. When
released into our waterways they can cause the
water to be unfit for drinking, swimming, or other
recreational activilies.
Residential landscaping and lawn care
Improper application and disposal of fertilizers and
pesticideq can contaminate waterways and cause a
decline in water C ualil .
Pet waste disposal
Pet waste contains a large amount of bacteria that
can contaminate waterways.
Trash and debris
Trash and debris can clog the storm drain system
contributing to flooding. It also can end LIP In Otir
waterways impairing water quality and causing it
hazard to wildlife.
7.1.3 Target Audience
The target audience will include residents, school children, local businesses, and industry. These
categories cover all of the land uses within the Town, and will allow the educational program to reach the
vast majority of the population.
7.1.4 Outreach Program
The mechanisms that will be used to reach the target audience are printed brochures distributed by direct
mail and at local events, annual workshops, and the Town's website. The Town will partner with CWEP
to provide television and radio advertisements. School programs will incorporate age specific materials
and presentations, The Business Outreach program will be designed with printed material and
presentations. Local businesses are given educational materials and receive hands-on training weekly.
These mechanisms will be used to inform individual residents and businesses about the steps they Carl
take to reduce stormwater pollution and become involved with the stormwater program. By using these
methods, the Town plans to reach all residents and businesses within the municipal limits.
7.1.5 k valuation
Evaluation of the public education and outreach program will be performed by assessing achievements
and progress toward reaching each of the measurable goals in the BMP summary table. Successfulness
can be assessed through attendance at workshops and responses to printed material and advertising.
12

7.2 Public Involvement and Participation
The Town will conduct a Public Involvement and Participation program to provide opportunities for the
public to participate in program development and implementation. Efforts will be made to engage all
local economic and ethnic groups in program participation.
7.2.1 BMP Summary Table
Item #
EMP
Measurable Goals
Schedule (years)
Responsible
Description
1 2 3 4 5
Position
I
Public Meeting
A public meeting was held May
X
X
X
X
X
Stormwater
26`h, 2015 to allow the public the
Administrator
opportunity to review and cornment
on the SWMP.
Public meetings will be held
annually to allow the public to
maintain active participation in the
implementation of the SWMP and
to provide feedback about the
SWMP to the Town.
2
Support Clean
Promote and participate with NC
X
X
X
X
X
Stormwater
Sweep
Clean Sweep and track activities
Administrator
within the community.
Coordinate with the Parks and
Recreation Department.
3
Storm Drain
Placement of markers on storm
X
X
X
X
X
Stormwater
Labeling
drains with a message regarding
Administrator
Program
protection of the waterways. The
town works with volunteers to
ettcoura e public involvement.
4
Adopt -A -Drain
Continue Adopt -A -Drain program.
X
X
X
X
X
Stormwater
Program
The town will work with volunteers
Administrator
to encourage public involvement.
7.2.21'arget Audience
Residents, business owners, and schools are the target audience for the public involvement and
participation program. Efforts will be made to include all major economic and ethnic groups.
7.2.3 Participation Program
The Town held the annual public meeting to allow the public to comment oil the SWMP on May 26th.
2015. Citizens noted the work being done and positive aspects of the Stormwater Management Plan
during the public hearing. Annual public meetings will also be held to solicit cornments from the public
and allow for input into the ongoing implementation of the SWMP.
13

The Town's Public Participation and Involvement program includes a storm drain labeling program and
an Adopt -A -Drain program. Both of' these programs will solicit volunteers from citizens and school
groups.
Participation in the NC Big Sweep program is conducted semi annually by the Parks and Recreation
Department. The Town will continue to participate and increase promotion in these events and also focus
on areas that are close to water bodies.
The Town created an Earth Day event onsite for the week of April 18 — 22, 2015. Staff partnered with the
local Public Works Commission to provide give -sways and information to residents.
7.2.5 Opportunities and Evaluation
The Town's Stormwater department will solicit input and voluntary cooperation from citizen groups,
school officials, and the general public to coordinate and participate in activities. This program will
build on existing programs to combine hands-on learning activities with Public Educational BMPs where
possible.
Evaluation of this measure will be accomplished by assessing the number of participants involved in the
permit plan process, the number of citizens involved in the BMPs listed above, and by assessing
achievements and progress toward the measurable goals listed in the BMP summary table.
M

7.3 Illicit Discharge Detection and Elimination
7.3.1 RMP Summary 'fable
Item #
BMP
Measurable Goals
Schedule (years)
Responsible
Description
l 2 3 4 5
Position
l
Storrn Sewer
Maintain and update the Town's
X
X
X
X
X
Storrnwate.r
Outfall Ma
stormwater inventor maJJ
Administrator
2
Update and
Update the Illicit Discharge
Stormwater
Enforce Illicit
ordinance as necessary.
X
X
X
X
X
Administrator
Discharge
Ordinance
3
Inspect and
Follow the Town's plan to detect.
Stormwater
eliminate illicit
correct, and eliminate illicit
Technician
discharges and
discharges and connections.
X
X
X
X
X
connections
Plan involves dry weather
monitoring and ambient nlonitorin g.
4
Public outreach
Perform an educational campaign to
Stormwater
program
inform residents and business on
Technician
illicit discharges, requirements of
the ordinance, improper waste
disposal, and reporting illicit
X
X
X
X
X
discharges.
Partner with CWEP to provide
advertisement about illicit
discharges
5
Household
Provide an annual household
Stormwater
hazardous
hazardous waste pick up day.
X
X
X
X
X
Administrator
waste pick up
day
G
Train
Train municipal employees about
Stormwater
employees
illicit discharge detection and
X
X
X
X
X
Administrator
reporting,
7.3.2 Storm Sewer System Map
The Town's Stormwater inventory is updated annually ArcGIS forrnat. The stormwater inventory shows
the location of the entire storm drain system in the Town including all outfalls and all receiving waters. [t
also provides the horizontal and vertical locations of all stormwater structures, size and types of' piping
connecting the drainage structures, and type and condition of storm drainage structures.
The map will be updated by the Town through information provided by developers as new structures are
added to the system.
7.3.3 Regulatory Mechanism
The Town will review and update the existing illicit discharge ordinance as needed, The illicit discharge
ordinance is a part of The Town of Hope Mills Code of Ordinances, Chapter 67-Stormwater
Management.
W

7.3.4 Enforcement
Chapter 67 of the Town of Hope Mills Code of Ordinances defines the enforcement procedures and
actions that allow for implementation of the ordinance, These procedures include guidelines for when a
notice of violation is to be issued, acceptable time period to correct. penalty for failure to correct.. and
fines and other allowable enforcement actions.
7.3.5 Detection and Elimination
The Town has an illicit discharge detection and elimination program in place. This program consists of
the prioritization of screenings with areas at high risk for illicit discharges and connections, field
screening of dry weather flows using selected chemical parameters as indicators of discharge sources and
arnhient monitoring of selected sites.
Procedures for detecting discharges include:
1) Identification of priority areas -areas are identified as high priority based on high risk factors such
as age of the existing drainage system and development type in the surrounding area.
2) Initial field screening to locate dry weather flows -sampling of dry weather flows using selected
chemical parameters will take place -in order to determine the type of discharge that is present.
3) Dry weather flows will be tracked upstream through sampling until the source can be found. If
the source is a suspected illicit connection, the Town will work with the Fayetteville Public
Works Commission to detect the location of the illicit connection.
4) Notice ol' violation to the responsible party -the responsible party will be notified either in person
or through certified mail. They will be directed to correct the problem within a given time frame.
Educational efforts will be pursued initially; if these efforts fail, legal action will be implemented.
5) Verification of the correction -Town staff will verify the discharge or connection has been
corrected.
6) Documentation of actions taken-docunlentatloil of actions will show the progress that is made in
the elimination of illicit discharges and connections.
The Town has established an arnbient monitoring program for selected sites along Rockfish Creek and
Little Rockfish Creek to locate impacted areas and to assess water quality issues and improvements.
7.3.6 Non Stormwater Discharges
There are no non stormwater discharges that area significant contributor' of pollutants to the MS4. If any
are identified in the future, they will be addressed at that time.
7.3.7 Allowable non stormwater discharges
No additional allowable stormwater discharges are identified at this time.
7.3.8 Outreach
The general public and local businesses will be informed through the BMPs listed in the Public Education
and Outreach section of this plan. These 13MPs include brochures, webpage information and annual
workshops. The Town participates in local newspaper advertising and direct mails. CWEP will also
provide advertising through radio and television that addresses illicit discharges into the storm drain
system.
The storm drain marking program provides a level of awareness of the connection ol'storm drains to local
lakes and creeks.
16

The annual household hazardous waste pickup will provide an outlet for residents to safely dispose ol'
household chemicals and also serve to educate residents about proper waste disposal. During the pickup,
educational material regarding the proper disposal of wastes will be given to participants. Residents have
the ability to use the County Household Hazardous Waste site every 2°' and 4"' Saturday of the month.
The Town will assess its own facilities to ensure that is complies with the illicit discharge ordinance as
part of its pollution prevention and good housekeeping minimum measure.
7.3.9 Staff Training
Annual training workshops will be provided to all municipal employees on detection and reporting of
illicit discharges and connections.
7.3.11 Opportunites and ]evaluation
The Town's illicit discharge and detection program is based on similar projects conducted in other small
MS4s and recommended by the NCDWQ and EPA. The selected BMPs were judged to be effective in
the detection and elimination of illicit discharges and connections. The public outreach programs overlap
with other minimum measures to increase awareness and lead to prevention of illicit and other non-
stormwater discharges.
Evaluation will be performed by assessing the accomplishments of the measurable goals listed in the
BMP summary table. Progress will be gauged by the number of illicit discharges and connections
reported and removed each year.
17

7.4 Construction Site Slorniwnter Runoff Control
The Town of Mope Mills will rely on the North Carolina State Erosion and Sedimentation Control
Program and the Department of Water' Quality's General Storrwater Permit program for construction
activities to meet the construction site Stormwater runoff control requirement. Town permits are not
issued without a valid erosion control permit. All plans reviewed are notified of (lie regLllrementS uld
included as part of the Stormwater Permit Submittal process.
7.4.1 BMP Summary Table
Item #
BMP
Measurable Goals
Schedule (years)
Responsible
Descri tien
1 2 3 4 5
Position
1
State
Support Existing Program
NC Division of
Sedimentation
Energy, Mineral
and Erosion
X
X
X
X
X
and Land Resources
Control
Program
2
DWQ General
Support Existing Program
NC Division of
Permit for
X
X
X
X
X
Water Quality
Construction
Activities
4
Public
The public may call the Town
Stormwater
complaint
Stormwater Department to report
Administrator
records
construction site problerns.
X
X
X
X
X
Complaints will be forwarded to
NCDEMLR.
7.4.2 Evaluation
Assessment of this program will be accomplished by sleeting the measurable goals as listed in the BMP
summary table;.
18

7.5 Post Construction Stormwater Management in New Development and Redevelopment
The Town of Hope Mills has adopted a Stormwater Management Ordinance that addresses post
construction stormwater controls from new development and redevelopment projects that disturb greater
than or equal to one acre, including projects of less than one acre that are part of a larger common plan of
development or sale that discharge into the MS4. All plans are reviewed at weekly plan review
committee meetings established in 2015.
7.5.1 Post -Construction Stormwater Management I3MPs
As required by Chapter 67 of the Town of Hope Mills Code of Ordinances. all subject projects (as defined
above) must apply for a locally -issued permit under one of the following stormwater managentcrit
options:
Low Density Projects
A project will he permitted as low density if the project has no more than two dwelling units per acre or
twenty-four percent built -upon area (BUA) for all residential and non-residential development.
Low density projects shall comply with each of the following standards:
(1) Stormwater runoff from the development shall be transported from the development by vegetated
conveyances to the maximum extent practicable.
(2) All built -upon area shall be at a rninimurn of 30 beet landward of all perennial and intermittent
surface waters. A perennial or intermittent surface water shall be deemed present if the feature is
approximately shown oil 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 l :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 surface waters are not present in accordance with the provisions of 15A NCAC 2B
.0233 (3)(a) or similar site -specific determination made using Division -approved methodology.
(3) The approval of the stormwater permit shall require an enforceable restriction on property usage
that runs with the land, such as a recorded deed restriction or protective covenants, to ensure that
future development and redevelopment maintains the site consistent with the approved project
plans.
High Density Projects
A project will be permitted as high density if the project exceeds the low density threshold for dwelling
units per acre and built -upon area.
High -density projects shall implement stormwater control measures that comply with each of the
following standards:
( I ) The measures shall control and treat runoff from the first one inch of rain. Runoff volume
drawdown time shall be a minimum of 48 hours, but not more than 120 hours. Stormwater control
measures must discharge the storage volume at a rate equal to or less than the predevelopment
discharge rate for the l-year, 24-hour storm:
(2) All structural stormwater treatment systems used to meet these requirements shall be designed to
have a rninimum of 85% average annual removal for Total Suspended Solids (TSS);
19

(3) General engineering design criteria for all projects shall be in accordance with 15A NCAC 2H
.1008(c), as explained in the Design Manual:
(4) All built -upon area shall be at a minimum of 30 feet landwtu-d of all perennial and intermittent
surface waters. A 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 requircinent may be allowed when surface
waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a) or similar
site -specific determination made using Division -approved methodology.
(5) The approval of the storrnwater permit shall require an enforceable restriction on property usage
that runs with the land, such as recorded deed restrictions or protective covenants, to ensure that
future development and redevelopment maintains the site consistent with the approved project
plans.
7.5.2 BMP Summary Table
Item #
BMP
Measurable Goals
Schedule (years)
Responsible
Descri ticn
1 2 3 4 5
Position
1
Enforce Post-
Issue permits for applicable projects
Stormwater
Construction
according to ordinance
Administrator
Stormwater
requirements.
X
X
X
X
X
Management
Ordinance
2
Enforce
Annual inspections performed by
Stormwater
Operation and
owners of BMPs. Maintenance to
Administrator
Maintenance
be performed as required by
X
X
X
X
X
Inspection
individual Operation and
Program
Maintenance agreements.
3
Implement
Coordinate this effort with
Stormwater
oversight
Cumberland County Health
Administrator
program to
Department.
ensure proper
X
X
X
X
X
operation of on -
site wastewater
systems.
4
Support current
Review plans for adherence to
Town of' Hope Mills
zoning and
current ordinance requirements for
Planning
subdivision
natural resource protection, open
X
X
X
X
X
Department
ordinances
space protection, and tree
reservation
5
Review current
Identify incentives and disincentives
Stormwater
zoning and
for green infrastructure.
Administrator
subdivision
ordinances to
Coordinate this effort with the
X
X
X
X
identify
Cumberland County Planning
Opportunities
Department.
for green
20

i n frastruClur'e
and design
7.5.3 Non -Structural BMPs
The following existing policies and ordinances currently provide requirements and standards to direct
growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or
increase open space, provide buffet's, minimize impervious surfaces. and minimize disturbance of soils
and vegetation:
1) The Town of' Hope Mills has adopted the Cumberland County 2030 Growth Vision Plan. The
Plan is to serve as a guide for decisions that affect the citizens of Cumberland County. The Plan
requires buffers and conservation areas along Rockfish Creek and Little Rockfish Creek.
2) The Town of Hope Mills zoning ordinance includes open space requirements for new
development. The required land is to be used for recreation, natural resource pro(ection,
amenities, and/or buffer areas. Open space may include walkways, recreation areas, playgrounds,
wooded areas. greenways, and watercourses.
3) The 2030 Growth Vision Plan calls for well managed growth. This serves to direct growth
where it can best be served by generating less development conflicts, less sprawl, and less traffic
congestion while promoting more planned open space and a cleaner, healthier environment.
4) The 2030 Growth Vision plan call for new development and redevelopment to be especially
encouraged in locations where a full range of urban services and infrastructure (i.e. schools, fire
stations, water and sewer facilities, parks, and roads) is already in place.
7.5.4 Structural 13MI's
The Town has adopted the NC Department of Water' Quality's Stormwater Best Management Practices
Manual as the design standard for all structural BMPs constructed within the Town.
7.5.5 Regulatory Mechanism
The Town has adopted a stormwater management ordinance that addresses the requirements for post -
construction stormwater controls.
7.5.6 Operation and Maintenance
The Town's stormwater management ordinance requires that the property owner of each structural BMP
must submit an operation and maintenance agreement to the Town in order to receive a stormwater
permit. The operation and maintenance agreement is approved by the Town and Horst be recorded in the
Office of the Registrar of Deeds prior to the issuance of a certificate of occupancy. The owner and all
subsequent propery owners must accept responsibility to maintain the BMP in accordance with the
operation and maintenance Agreement. A maintenance plan and an annual inspection requirement are
included as a part of this agreement.
7.5.7 Natural Resource Protection
The Town of Hope Mills zoning ordinance contains provisions for a conservancy district. This district is
designed to preserve and protect identifiable nattrral resources from encroachment.
The stormwater management ordinance requires that all built upon area within new development and
redevelopment over one acre or that is part of a larger common plan of development, be at a muunxtm of
30 feel landward of all perennial and intermittent surface waters.
21

7.5.8 Open Space Protection
The Town of Hope Mills' zoning ordinance and subdivision ordinance contain provisions that address
open space requirements. These ordinances require that a specific portion of land be provided for the
purpose of providing park, recreation, and open space areas. Developers can pay a fee in lieu of open
space for every residential IoUUnit proposed.
7.5.9 Tree Preservation
The Town of Hope Mills Zoning Ordinance contains a section requiring Tree Preservation. A preclear'ing
inspection is required prior to clearing and grading of any site. Preservation of existing trees may be
credited towards required streetscape, yard, and parking area trees. Failure to obtain an inspection prior
to clearing, the site must be developed with double the number of trees as required in the landscaping
provisions of the ordinance.
7.5.10 Redevelopment and Development in Areas with Existing Infrastructure
The Cumberland County 2030 Growth Vision plan calls for well managed growth. This serves to direct
growth where it can best be served by generating less development conflicts, less sprawl, and less traffic
congestion while promoting more planned open space and a cleaner, healthier environment.
The 2030 Growth Vision plan also calls for new development and redevelopment to be especially
encouraged in locations where it full range of urban services and infrastructure (i.e. schools, fire s(ations,
water and sewer facilities, parks, and roads) is already in place.
7.5.1 1 Street Design
The Town of Hope Mills implemented street design and green infrastructure elements in the adoption 017
the Town's Standards and Specifications.
7.5.12 Reduced Parking Requirements
The Town's zoning ordinance currently allows for combination and shared parking. The zoning
ordinance also contains it provision for off -site parking as long as it is located within 400 feet of the main
pedestrian entrance of the principal use. Landscaping is also required in parking lots which helps reduce
stormwater runoff.
7.5.13 Green Infrastructure Practices
The Town's stormwater management ordinance applies the use of the NC Department of Water Quality's
Stormwater Best Management Practices Manual to all regulated new development and redevelopment
within the Town. The manual, and the Town, allow the use of swales, permeable pavement, cisterns.. and
rain barrels.
Stormwater management consultations are highly encouraged as a part of the early development review
process. Pre -site plan review is offered and encouraged for all regulated development. No construction
activities are allowed to begin until a stormwater permit has been issued by the Town based upon an
approved stormwater management plan.
22

The Town requires operation and maintenance agreements for all BN4Ps. They must be maintained
according to the maintenance agreement and require annual inspections in order to ensure they are
performing as designed.
The Town will review its current zoning, subdivision, and stormwater management ordinances to identify
strategies for revising these policies to better support green infrastructure.
7.5.14 Evaluation
The post construction article of the stormwater management ordinance ensures that controls are in place
to prevent or minimize water quality impacts from new development and redevelopment. The Town will
examine current ordinances to identify areas that will better support green infrastructure.
The Success Ofthe pOSt-COnStI'LICIiOrl StOrInwater management program element will be I11eaSUred by
assessing achievements and progress toward the 11ICaSUrable goals listed In the BM SLI11 Mary table.
23

7.6 Pollution Prevention/Good Housekeeping for Municipal Operations
The Town of Hope Mills has an operation and maintenance program that has the ultimate goal of
preventing or reducing pollutant runoff I'roezti municipal operations.
7.6.1 BMP Summary Table
]tern #
EMP
Description
Measurable Goals
Schedule (years)
1 2 3 4 5
Responsible
Position
I
Continue
Support Existing Program to
Storrnwater
preventative
identify areas of potential pollutant
Administrator
maintenance
loading.
program
X
X
X
X
X
including
Conduct annual inspections of all
annual
municipal facilities. Record all
inspections.
corrective action taken,
2
Conduct
Educate all employees annually on
Storrnwater
Employee
clean water issues and provide
X
X
X
X
X
Administrator
Training
information regarding opportunities
to reduce water pollution,
7.6.2 Affected Operations
All facilities located on the Town Hall campus are affected by the operation and maintenance program
including:
1) Town Hall maintenance
2) Public Works operations and maintenance and storage facilities
3) Fire Station and equipment maintenance
4) Parks and recreation facilities and grounds maintenance
5) Buildings and grounds maintenance
6) Streets and drainage systems maintenance
7) Town parking lots
7.6.3 Training
Annual training workshops will be held for all municipal employees. The workshops will focus on
preventing and reducing stormwater pollution from activities such as park and open space maintenance,
fleet and building maintenance, and stormwater system maintenance. The workshops will also focus on
general stormwater awareness and illicit discharge detection in the field.
The pollution prevention/good housekeeping training for municipal employees will be coordinated with
the training material developed for the Public Education and Outreach prograrn by utilizing common
brochures related to stormwater pollution and illicit discharges.
7.6.4 Maintenance and Inspections
The Town has implemented several programs to reduce the amount of floatables and other pollutants
entering the MS4 including:
24

1) Street sweeping -currently performed on an as needed basis with the goal of sweeping each sheet
once every 3 months. Additional sweeping is done when required.
2) Basin cleaning program-currettly performed on an as needed basis with additional attention being
given to known problem areas.
3) Storm drain nlitrnterlance-pel'1'oi-died on an as needed batik with additional attention being given
to known problem areas.
Inspections of all municipal facilities will be performed annually. The inspection and any subsequent
maintenance activities performed will be documented, and records of these inspections will be held on
site.
7.6.5 Vehicle Operations
Preventative maintenance will be performed in order to reduce potential stormwater pollutants from
municipal parking lots, maintenance and storage yards, and felt maintenance shops. This will include
good housekeeping measures including. but not limited to:
i ) Covering storage areas
2) Keeping containers labeled and in good condition
3) Spill clean up and prevention plans
4) Keeping vehicles tuned up to prevent leaks and drips
5) Proper disposal of liquids from automotive maintenance
6) Washing vehicles only in the wash pad area that drains to the sanitary sewer
7) Removal of trash and debris
Vehicular operations will be inspected on an annual basis to identify areas of potential pollutant
discharge. Corrective actions will be taken to reduce pollutant loading from these sites if found to be
necessary.
7.6.6 Waste Disposal
The disposal of waste will be conducted to ensure that measures are employed to minimize exposure of
dredge spoil, sediments, floatables and other debris from storrilwate.r to prevent stormwater pollution from
these waste sources.
7.6.7 Evaluation
The Town seeks to set an example for the corllnlunity by implementing stormwater pollution prevention
measures at municipal owned facilities. The basis for the Pollution Prevention/Good Housekeeping
program is to define the municipal activities that have the potential to contribute to stormwater pollution
and to implement measures and controls to minimize or eliminate their impacts on water quality.
The pollution prevention/good housekeeping measure will be evaluated by assessing achievements and
progress toward reaching each measurable goal as listed in the B M P table.
25

State of North Carolina
Department of Environment & Natural Resources
Division of Water Quality
OFFIC USE ONLY
Date Rec'd
Fee Paid
Permit Number
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 2M .0126. A complete application
package includes this form and three copies of the narrative documentation required in Section X of this form.
This application form, completed in accordance with Instructions for completing NPDES Small M54 Stormwater
Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with
Instructions for Preparing the Comprehensive Stormwater Management Program Report (5WU 268) are both
required for the application package to be considered a complete application submittal. Incomplete applicat n
submittals may be returned to the applicant.
I. APPLICANT STATUS INFORMATION ❑ New Application ® Renewal (Permit No. N 00458)
a.
Name of Public Entity
Town of Mope Mills ---------
Seeking Permit Coverage
b.
Ownership Status (federal,
Local `
state or local
c.
Type of Public Entity (city,
Town JAN
town, county, prison, school,
etc.
�k
d.
Federal Standard Industrial
SIC 91— 97
Classification Code
e.
County(s)
Cumberland
f.
Jurisdictional Area (square
6.7
miles
g.
Population
Permanent
11,237
Seasonal (if available)
n/a
h.
Ten-year Growth Rate
2.7%
i.
Located on Indian Lands?
❑ Yes ® No
II. RPE J MS4 SYSTEM INFORMATION
a.
Storm Sewer Service Area
(square miles
6.7
b.
River Basin(s)
Cape Fear
c.
Number of Primary Receiving
Streams
14
d.
Estimated percentage of jurisdictional
area containing the following four land use activities.
•
Residential
46
•
Commercial
18
•
Industrial
1
•
O n S ce
35
Total =
100%
e.
Are there significant water
quality issues listed in the
attached application report?
❑ Yes ® No
III. EXISTING LOCAL WATER QUALITY PROGRAMS
Page 1

NPDES RPE Stormwater Permit Application
a. Local Nutrient Sensitive Waters Strategy
❑ Yes ® No
b. Local Water Supply Watershed Program
❑ Yes ® No
c. Delegated Erosion and Sediment Control Program
❑ Yes ® No
d. CAMA Land Use Plan
❑ Yes ® No
IV. CO -PERMIT APPLICATION STATUS INFORMATION
(Complete this section only if co -permitting)
a. Do you intend to co -permit with
❑ Yes ® No
a permitted Phase I entity?
b. If so, provide the name and permit number of that entity:
• Name of Phase I MS4
• NPDES Pennit Number
c. Do you intend to co -permit
❑ Yes ® No
with another Phase II entity?
d. If so, provide the name(s) of
the entity:
e. Have legal agreements been
finalized between the co-
❑ Yes ❑ No
rmittees?
V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS
(If more than one, attach additional sheets)
a. Do you intend that another
entity perform one or more of
our permit obligations?
® Yes ❑ No
b. If yes, identify each entity and the element they will be implementing
• Name of Entity
NC Division of Land Resources
• Element they will implement
Stormwater runoff control
• Contact Person
NCDLR Fayetteville Regional Office
• Contact Address
Systel Building 225 Green St. Ste. 714 Fayetteville, NC 28301
• Contact Telephone Number
[phone]
c. Are legal agreements in place
to establish responsibilities?
❑ Yes ® No
VI. DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff member. This
delegation must name a specific person and position and include documentation of the delegation action
through board action.
a. Name of person to which permit authority
has been delegated
b. Title/position of person above
c. Documentation of board action delegating permit authority to this person/position must be
provided in the attached application report.
VII. SIGNING OFFICIAL'S STATEMENT
Paqe 2

NPDES RPE Stormwater Permit Application
Please see the application instructions to determine who has signatory authority for this permit
application. If authority for the NPDES stormwater permit has been appropriately delegated through
board action and documented in this permit application, the person/position listed in Section VI above
may sign the official statement below.
I certify, under penally 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
property gather and evaluate the information submitted. Based on my inquiryof the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the infomaation submitted is, to the best of my knowledge and belief, true, accurate,
andcomplete. lam aware that there are significant peria/ires for submitting false information,
including the possibility of fines and imprisonment for knowing violations.
Signature
C A, __°--- t
Name
Eddie Dees
Title
Mayor
Street Address
5770 Rockfish Road
PO Box
City
Hope Mills
State
NC
Zip
28348
Telephone
(910) 424-45S5
Fax
[phone]
E-Mail
edees(@town.hope-mills.nc.us
1/III. 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
Melanie Cierkley
b.
Title
Stormwater Administrator
c.
Street Address
5770 Rockfish Rd.
d.
PO Box
e.
City
Hope Mills
f.
State
NC
g.
Zip
28348
h.
Telephone Number
[phone]
i.
Fax Number
[phone]
j.
E-Mail Address
[e-mail]
Paqe 3

NPDES RIPE 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 the Stormwater Management Program Report for the five-year permit term. The
Stormwater Management Program Report shall be assembled in the order and formatted in accordance with
the Table of Contents shown below, bound with tabs Identifying each section by name, and include a Table
of Contents with page numbers for each entry. The required narrative information for each section is
provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report
(SWU-268).
1. STORM SEWER SYSTEM INFORMATION
1.1. Population Served
1.2. Growth Rate
1.3. Jurisdictional and MS4 Service Areas
1.4. MS4 Conveyance System
1.5. Land Use Composition Estimates
1.6. TMDL Identification
2. RECEIVING STREAMS
TABLE OF CONTENTS
Paqe 4

J L

NPDIES RPE Stormwater Permit Application
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs
3.2. State programs
4. PERMITTING INFORMATION
4.1. Responsible Party Contact List
4.2. Organizational Chart
4.3. Signing Official
4.4. Duly Authorized Representative
5. CO -PERMITTING INFORMATION (IF APPLICABLE)
5.1. Co-Permittees
5.2. Legal Agreements
5.3. Responsible Parties
6. RELIANCE ON OTHER GOVERNMENT ENTITY
61. Name of Entity
6.2. Measure Implemented
6.3. Contact Information
6.4. Legal Agreements
7. SiORMWATER MANAGEMENT PROGRAM
7.1. Public Education and Outreach on Storm Water Impacts
7.2. Public Involvement and Participation
7.3. Illicit Discharge Detection and Elimination
7.4. Construction Site Stormwater Runoff Control
7.5. Post -Construction Storm Water Management in New Development and Redevelopment
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations
Paqe 5

Comprehensive Stormwater Management
Program Report
Town of Hope Mills
North Carolina
January 5, 2010

Table of Contents
Section1.0................................................................................................ ... 3
Storm Sewer System Information............................................................................................... 3
1.1 Population Served............................................................................................................... 3
1.2 Growth Rate ........................ ................................................................................................ 3
1.3 Jurisdictional and MS4 Service Areas.............................................................................. 3
1.4 MS4 Conveyance System.................................................................................................... 3
1.5 Land Use Composition Estimates...................................................................................... 3
1.6 TMDL Identification.......................................................................................................... 3
Section2.0...................................................................................................................................... 4
Primary Receiving Streams, Hope Mills, North Carolina........................................................ 4
Section3.0...................................................................................................................................... 5
Existing Water Quality Programs...........................................................0.................
3.1 Local Programs................................................................................................................... 5
3.2 State Programs............................................................................... 5
Section4.0...................................................................................................................................... 6
Permitting Information............................................................................................... ....... 6
4.1 Responsible Party Contact List......................................................................................... 6
4.2 Organizational Chart.......................................................................................................... 6
4.3 Signing Official.................................................................................................................... 7
4.4 Duly Authorized Representative....................................................................................... 7
Section 5.0................................................................................................... ... 8
................................
Co -permitting Information...... .................................................................................................... 8
Section6.0...................................................................................................................................... 9
Reliance on other government entity to satisfy one or more permit obligations .................... 9
25
Section7.0............................................................................................................... 10
7.1 Public Education and Outreach on Stormwater Impacts ............................................. 11
7.2 Public Involvement and Participation............................................................................ 13
7.3 Illicit Discharge Detection and Elimination................................................................... 15
7.4 Construction Site Stormwater Runoff Control.............................................................. 18
7.5 Post Construction Stormwater Management in New Development and
Redevelopment........................................................................................................................ 19
7.6 Pollution Prevention/Good Housekeeping for Municipal Operations ......................... 24
Appendices
A-Stormwater Management Ordinance
2

Section 1.0
Storm Sewer System information
1.1 Population Served
The permanent population of the Town of Hope Mills from the 2000 US census is 11,237. '['here is no
known seasonal variation.
1.2 Growth Rate
The annualized growth rate calculated from the 1990 to 2000 census populations, adjusted for the
expansion of the municipal boundary since 1990 is +2.7% per year.
1.3 .Iurisdictional and MS4 Service Areas
The MS4 service area is approximately 6.7 square miles.
1.4 MS4 Conveyance System
The existing MS4 is comprised of sheet flow, open ditches, swales, curb and gutter, and drainage pipes.
It serves mainly to provide roadway drainage. Sheet flow and open ditches with culverts at crossings are
common in the older residential portions of the Town, while curb and gutter is more common in the
commercial areas and the newer residential subdivisions. The Natural Resource Conservation Service
Soil Sarrvey of Cumberland and Hoke Counties in Norlh Carolina describes the predominant soils as
excessively to well -drained. The average annual rainfall is approximately 47 inches. There are many
locations in the MS4 service area where infiltration is predominant and consequently many areas from
which there is no surface water discharge to mapped receiving streams.
MS4 maintenance on the Town owned portion of the system is performed by the Public Works
Department. Maintenance on NCDOT systems is performed by NCDOT. Maintenance on the privately
owned portions of the system is performed by private property owners. Maintenance performed by the
Public Works Department consists of clearing blockages and repairing damage to the system's
infrastructure. Periodic street sweeping is performed to reduce the amount of solids entering the storm
drain system. The goal is to sweep each street once per quarter.
1.5 Land Use Composition Estimates
Residential 46%
Commercial 18%
Industrial 1%
Open Space 35%
1.6 TMDL Identification
There are no current TMDL allocations for the Town of Hope Mills MS4 receiving streams. Two
segments of the receiving streams have been identified in the Draft 2008 303(d) list. Rockfish creek in
subbasin 18-31-(18) and Rockfish creek in subbasin 18-31-(23) have been identified as impaired for low
pl-1. At this time, no TMDL has been developed for either subbasin.

Section 2.0
Primary Receiving Streams, Hope Mills, North Carolina
Receiving Stream
Description
Stream
Water Quality
Use
Water
303(d) List
Name
Segment
Classification
Support
Quality
Rating
Issues
Rockfish Creek
From mouth of Puppy Creek
18-31-(18)
B
Impaired
Low pH
Draft 2008
to dam to Old Brower Mill
Pond
Unnamed Tributary
From source to dam at
18-31-22-(1)
B
Not mapped
None known
n/a
to Rockfish Creek
Permastone Lake
near Hope Mills
Permastone Lake
Rockfish Creek
From dam at Old Brower Mill
18-31-(23)
C
Impaired
Low pH
Draft 2008
Pond to Cape Fear River
Unnamed Tributary
From source northeast of
Not assigned
Not mapped
None Known
n/a
to Rockfish Creek
intersection of Muscat Road
C
near Hope Mills
and Brission Road to
Rockfish Creek
Unnamed Tributary
From source in Roslin
Not assigned
C
Not mapped
None Known
n/a
to Rockfish Creek
community along old railroad
near Hoe Millsgrade
to Rockfish Creek
Unnamed Tributary
From source near Chicken
Not assigned
C
Not mapped
None Known
n/a
to Rockfish Creek
Foot Road along west side of
near Hoe Mills
I-95 to Rockfish Creek
Little Rockfish Creek
From unnamed tributary at
18-31-24-(4)
Fully
None Known
n/a
Lakewood Lake to
C
supporting
backwaters of Hope Mills
Lake
Beaver Creek
From source to Little
18-31-24-5
C
Fully
None Known
n/a
Rockfish Creek
Supporting
Unnamed Tributary
From source near 71" High
Not assigned
C
Fully
None Known
n/a
to Rockfish Creek
School to Beaver Creek
supporting
near Hoe Mills
Unnamed Tributary
From source at small pond
Not assigned
C
Not mapped
None Known
n/a
to Rockfish Creek
north of Thomas Street to
near Hoe Mills
Little Rockfish Creek.
Little Rockfish Creek-
From backwaters of Hope
18-31-24-
B
Fully
None Known
n/a
Hope Mills Lake
Mills Lake to dam at Hope
(6.5)
supporting
Number 4 Lake
Mills Lake
Unnamed Tributary
From source at small pond
Not assigned
B
Not mapped
None Known
n/a
to Rockfish Creek
east of Hawthorne Street to
near Hoe Mills
Little Rockfish Creek
Little Rockfish Creek
From dam at Hope Mills Lake
18-31-24-7
C
Fully
None Known
n/a
to Rockfish Creek
supportinq
Unnamed Tributary
From sources between Elk
Not assigned
C
Not mapped
None Known
n/a
to Rockfish Creek
Road and US 301 to Little
near Hoe Mills
Rockfish Creek

Section 3.0
Existing Water Quality Programs
3.1 Local Programs
The Town adopted a Stonnwater Management Ordinance in 2007. The ordinance is included as
Appendix A.
The'I'own of Hope Mills has adopted by resolution the 2030 Cumberland County Growth Plan which
recommends, among others, the support of the following water -quality related policies:
1) Conservation areas shall be identified and mapped to include 100 year floodplains, riparian
buffers along streams, Natural Heritage Areas, critical wildlife habitat, public parks, and other
significant, limited or irreplaceable natural areas. Development, if any, should be limited and
attentive to the protection of environmental features
2) New development and infill development shall be especially encouraged in locations where a full
range of urban services and infrastrcucture (i.e. schools, fire stations, water and sewer facilities,
parks, and roads) is already in place, and where the public sector will not incur the full cost for
building new facilities to serve the area.
3) Advanced planning for all infrastructure facilities shall be supported and routinely updated on a
countywide basis. Facilities benefited by advanced planning shall include, at a minimum, schools,
roads, water, sewer, storrmvater management, parks and greenways
4) Environmentally sensitive areas shall be identified and managed so as to protect them from
incompatible land uses.
3.2 State Programs
The Town is Currently operating under NPDES State Stormwater Permit # NCS000458.
The North Carolina Division of Land Resources administers the North Carolina Sedimentation and
Erosion Control regulations.
5

Section 4.0
Permitting Information
4.1 Responsible Party Contact List
Measurable
Responsible
Position
Phone
Fax
Email
Goal
Party
Public
Melanie
Stormwater
[phone]
[phone]
mjclerkley@
Education and
Clerkley
Administrator
town.hope-mills.nc.us
Outreach
Pub] le
Melanie
Stormwater
[phone]
[phone]
mjclerkley@
Participation
Clerkley
Administrator
town.hope-miIIS.nc.us
and
Involvement
Illicit
Melanie
Stormwater
[phone]
[phone]
mjclerkley@
Discharge
Clerkley
Administrator
town.hope-miils.nc.us
Detection and
Elimination
Construction
NCDENR
Land Quality
[phone]
(910)-486-0707
Site Runoff
Control
Post-
Melanie
Stormwater
[phone]
[phone]
mjclerkley@
Construction
Clerkley
Administrator
town.hope-mills.ne.us
Runoff Control
Pollution
Melanie
Stormwater
[phone]
[phone]
mjclerkley@
Prevention and
Clerkley
Administrator
town.hope-mills.nc.us
Good
Housekee in
4.2 Organizational Chart

Section 6.0
Reliance on other government entity to satisfy one or more permit obligations
The Town of Elope Mills will rely on the State Erosion and Sediment Control Program and the
Department of Water Quality's general stormwater permit program for construction activities to meet the
construction site stormwater runoff control requirement. There are no legal agreements in place to
establish responsibilities.
Contact Information:
NC Sedimentation and Erosion Control Program
Fayetteville Regional Office
Systel Building,
225 Green St., Suite 714
Fayetteville, NC 28301-5094
Telephone: [phone]
Fax: [phone]
9

Section 7.0
The Town of I -lope Mills Stormwater Management Plan (SWMP) is designed to reduce the discharge of
Pollutants from its MS4 to the maximum extent practicable, to protect water quality, and to satisfy the
requirements of the Clean Water Act.
The SWMP describes the Best Management Practices (BM Ps) that will be implemented to meet each of'
the six minimum measures required under the National Pollutant Discharge Elimination System (NPDES)
Phase II stormwater regulations for small MS4s. The six minimum measures are:
l) Public Education and Outreach on Stormwater Impacts
2) Public Involvement and Participation
3) Illicit Discharge Detection and Elimination
4) Construction Site Stormwater Runoff Control
5) Post -Construction Stormwater Management in New Development and Redevelopment; and
6) Pollution Prevention and Good Housekeeping for Municipal Operations
The BM Ps are scheduled for full implementation within five years of the effective issuance date of the
DWQ Stormwater permit.
H

7.1 Public Education and Outreach on Stormwater impacts
7.1.1 BMP Summary Table
Item #
BMP
Measurable Goals
Schedule (years)
Responsible
Description
1 2 3 4 5
Position
Distribute
Distribute brochures through event
X
X
X
X
X
Stormwater
pollution
displays, direct mail, and in
Administrator
prevention
response to citizen requests.
brochures
Include information on steps to
reduce pollution sources including
proper disposal of oil, proper
handling of fertilizer and pesticides,
and public reporting of illicit
dischar yes.
2
Slonmvater
Maintain the stormwater
X
X
X
X
X
Stormwater
information
information webpage on the Town's
Administrator
webpage
website. Provide information on
water quality, stormwater pollutants,
ways to minimize stormwater
impacts, and stormwater projects
and activities.
Provide contacts for reporting illicit
dischar es, problems, and concerns.
3
Conduct
Conduct annual informational
X
X
X
X
X
Stormwater
Annual Public
workshops. Include information on
Administrator
Education
municipal stormwater projects and
Workshops
ways the public can work to
enhance water quality.
4
Educational
Utilize age -specific educational
X
X
X
X
X
Stormwater
materials/school
information in schools and for
Administrator
presentations
presentations to school age children.
Present information in appropriate
forums.
5
Business
Conduct an educational campaign to
X
X
X
X
X
Stormwater
Outreach
inform businesses of illicit
Administrator
Program
discharges, reporting requirements,
improper waste disposal, sources of
nutrient and fecal coliform
pollutants, and actions they can take
to reduce stormwater impacts.
6
Advertise
Run advertisements on local
X
X
X
X
X
Stormwater
through various
television and radio stations about
Administrator
media resources
stormwater pollution.
Partner with the Clean Water
Education Partnership CWEP)

7.1.2 Target Audience
The target audience will include residents, school children, local businesses, and industry. These
categories cover all of the land uses within the "Town, and will allow the educational program to reach the
vast majority of the population.
7.1.3 Target Pollutant Sources
The following table provides a list of the specific pollutant sources that will be addressed and why each
source is an issue.
Vehicle maintenance
Automotive products such as oil and antifreeze are
harmful to both humans and animals. When
released into our waterways they can cause the
water to be unfit for drinking, swimming, or other
recreational activities.
Residential landscaping and lawn care
Improper application and disposal of fertilizers and
pesticides can contaminate waterways and cause a
decline in water qUality.
Pet waste disposal
Pet waste contains a large amount of bacteria that
can contaminate waterways.
Trash and debris
Trash and debris can clog the storm drain system
contributing to flooding. It also can end up in our
waterways impairing water quality and causing a
hazard to wildlife.
7.1.4 Outreach Program
The mechanisms that will be used to reach the target audience are printed brochures distributed by direct
mail and at local events, annual workshops, and the Town's website. The "Town will partner with CWEP
to provide television and radio advertisements. School programs will incorporate age specific materials
and presentations. The Business Outreach program will be designed with printed material and
presentations.
These mechanisms will be used to inform individual residents and businesses about the steps they can
take to reduce stormwater pollution and become involved with the stormwater program. By using these
methods, the Town plans to reach all residents and businesses within the municipal limits.
7.1.5 Decision Process
The stormwater public education and outreach program was based on the mechanisms currently in place
and their effectiveness at communicating to the public about stormwater pollution. Each of the BMPs
provides an effective and economical way to educate and involve the public in stormwater issues.
7.1.6 Evaluation
Evaluation of the public education and outreach program will be performed by assessing achievements
and progress toward reaching each of the measurable goals in the BMP summary table. Successfulness
can be assessed through attendance at workshops and responses to printed material and advertising.
12

7.2 Public Involvement and Participation
The Town will conduct a Public Involvement and Participation program to provide opportunities for the
public to participate in program development and implementation. Efforts will be made to engage all
local economic and ethnic groups in program participation.
7.2.1 IMP Summary Table
Item #
BMP
Measurable Goals
Schedule (years)
Responsible
Description
1 2 3 4 S
Position
I
Public Meeting
A public meeting was held January
X
X
X
X
X
Stormwater
41h, 2010 to allow the public the
Administrator
opportunity to review and comment
on the SWMP.
Public meetings will be held
annually to allow the public to
maintain active participation in the
implementation of the SWMP and
to provide feedback about the
SWMP to the 'town.
2
Support Clean
Promote and participate with NC
X
X
X
X
X
Stormwater
Sweep
Clean Sweep and track activities
Administrator
within the community.
Coordinate with the Parks and
Recreation Department.
3
Storm Drain
Placement of markers on storm
X
X
X
X
X
Stormwater
Labeling
drains with a message regarding
Administrator
Program
protection of the waterways. The
town will work with volunteers to
encoura epublic involvement.
4
Adopt -A -Drain
Develop and implement an Adopt-
X
X
X
X
Stormwater
Program
A -Drain program. The town will
Administrator
work with volunteers to encourage
ublic involvement.
7.2.2 Target Audience
Residents, business owners, and schools are the target audience for the public involvement and
participation program. Efforts will be made to include all major economic and ethnic groups.
7.2.3 Participation Program
The Town held a public hearing to allow the public to comment on the SWMP on January 4, 2010. No
citizens elected to comment on the Stormwater Management Plan during the public hearing. Annual
public meetings will also be held to solicit comments from the public and allow for input into the ongoing
implementation of the SWMP.
13

The Town's Public Participation and Involvement program includes a storm drain labeling program and
an Adopt -A -Drain program. Both of these programs will solicit volunteers from citizens and school
groups.
Participation in the NC Big Sweep program is conducted semi annually by the Parks and Recreation
Department. The Town will continue to participate and increase promotion in these events and also Focus
on areas that are close to water bodies.
7.2.4 Decision Process
The Town's Stormwater department will solicit input and voluntary cooperation from citizen groups,
school officials, and the general public to coordinate and participate in activities. This prograin will
build on existing programs to combine hand -on learning activities with Public Educational BMPs where
possible.
7.2.5 Evaluation
Evaluation orthis measure will be accomplished by assessing the number of participants involved in the
permit plan process, the number of citizens involved in the BMPs listed above, and by assessing
achievements and progress toward the measurable goals listed in the BMP summary table.
14

7.3 Illicit Discharge Detection and Elimination
7.3.11 BMP Summary Table
Item #
BMP
Measurable Goals
Schedule (years)
Responsible
Description
1 2 3 4 5
Position
Storm Sewer
Maintain and update the Town's
X
X
X
X
X
Storrnwater
Outfall Ma
stornnvater inventoryma
Administrator
2
Update and
Update the Illicit Discharge
Stormwater
Enforce Illicit
ordinance as necessary.
X
X
X
X
X
Administrator
Discharge
Ordinance
3
Inspect and
Follow the Town's plan to detect,
Stormwater
eliminate illicit
correct, and eliminate illicit
Technician
discharges and
discharges and connections.
X
X
X
X
X
connections
Plan involves dry weather
monitorin , and ambient monitoring.
4
Public outreach
Perform an educational campaign to
Stormwater
program
inform residents and business on
Technician
illicit discharges, requirements of
the ordinance, improper waste
disposal, and reporting illicit
X
X
X
X
X
discharges.
Partner with CWEP to provide
advertisement about illicit
dischar es.
5
Household
Provide an annual household
Storrnwater
hazardous
hazardous waste pick up day.
X
X
X
X
X
Administrator
waste pick up
day
6
Train
Train municipal employees about
Stormwater
employees
illicit discharge detection and
X
X
X
X
X
Administrator
reporting.
7.3.2 Storm Sewer System Map
The Town"s Stormwater inventory has been completed in AreGIS format. The stormwater inventory
shows the location of the entire storm drain system in the Town including all outfalls and all receiving
waters. It also provides the horizontal and vertical locations of all storrn water structures, size and types of
piping connecting the drainage structures, and type and condition of storm drainage structures.
The map will be updated by the "Town through information provided by developers as new structures are
added to the system.
7.3.3 Regulatory Mechanism
The Town will review and update the existing illicit discharge ordinance as needed. The illicit discharge
ordinance is a part of The Town of Hope Mills Code of Ordinances, Chapter 67-Stormwater
Management.
15

7.3.4 Enforcement
Chapter 67 of the Town of Hope Mills Code of Ordinances defines the enforcement procedures and
actions that allow for implementation of the ordinance. These procedures include guidelines for when a
notice of violation is to be issued, acceptable time period to correct, penalty for failure to correct, and
fines and other allowable enforcement actions.
7.3.5 Detection and Elimination
The Town has an illicit discharge detection and elimination program in place. ']'his program consists of
the prioritization of screenings with areas at high risk for illicit discharges and connections, field
screening of dry weather flows using selected chemical parameters as indicators of discharge sources and
ambient monitoring of selected sites.
Procedures for detecting discharges include:
1) Identification of priority areas -areas are identified as high priority based on high risk factors such
as age of the existing drainage system and development type in the surrounding area.
2) Initial field screening to locate dry weather flows -sampling of dry weather flows using selected
chemical parameters will take place in order to determine the type of discharge that is present.
3) Dry weather flows will be tracked upstream through sampling until the source can be found. 11'
the source is a suspected illicit connection, the Town will work with the Fayetteville Public
Works Commission to detect the location of the illicit connection.
4) Notice of violation to the responsible party -the responsible party will be notified either in person
or through certified mail. They will be directed to correct the probiem within a given time frame.
Educational efforts will be pursued initially; if these efforts fail, legal action will be implemented.
5) Verification of the correction -Town staff will verify the discharge or connection has been
corrected.
6) Documentation of actions taken -documentation of actions will show the progress that is made in
the elimination of illicit discharges and connections.
The Town has established an ambient monitoring program for selected sites along Rockfish Creek and
Little Rockfish Creek to locate impacted areas and to assess water quality issues and improvements.
7.3.6 Non Stormwater Discharges
There are no non stormwater discharges that are a significant contributor of pollutants to the MS4. If any
are identified in the future, they will be addressed at that time,
7.3.7 Allowable non stormwater discharges
No additional allowable stormwater discharges are identified at this time.
7.3.8 Outreach
The general public and local businesses will be informed through the BMPs listed in the Public Education
and Outreach section ofthis plan. These BMPs include brochures, webpage information and annual
workshops. CWEP will also provide advertising through radio and television that addresses illicit
discharges into the storm drain system.
The storm drain marking program will also provide a new level of awareness of the connection of storm
drains to local lakes and creeks.
16

The annual household hazardous waste pickup will provide an outlet for residents to safely dispose of
household chemicals and also serve to educate residents about proper waste disposal. During the pickup,
educational material regarding the proper disposal of wastes will be given to participants.
The Town will assess its own facilities to ensure that is complies with the illicit discharge ordinance as
part of its pollution prevention and good housekeeping minimum measure.
7.3.9 Staff Training
Annual training workshops will be provided to all municipal employees on detection and reporting of
illicit discharges and connections.
7.3.10 Decision Process
The TowWs illicit discharge and detection program is based on similar projects conducted in other small
MS4s and recommended by the NCDWQ and EPA. The selected BMPs were judged to be effective in
the detection and elimination of illicit discharges and connections. The public outreach programs overlap
with other minimum measures to increase awareness and lead to prevention of illicit and other non-
stormwater discharges.
7.3.11 Evaluation
Evaluation will be performed by assessing the accomplishments of the measurable goals listed in the
BMP summary table. Progress will be gauged by the number of illicit discharges and connections
reported and removed each year.
17

7.4 Construction Site Stormwater Runoff Control
The Town of Hope Mills will rely on the North Carolina State Erosion and Sedimentation Control
Program and the Department of Water Quality's General Stormwater Permit program for construction
activities to meet the construction site stormwater runoff control requirement.
7.4.1 BMP Summary Table
Item #
l3MP
Measurable Goals
Schedule (years)
Responsible
Description
1 2 3 4 5
Position
1
State
Support Existing Program
NC Division of
Sedimentation
Land Resources
and Erosion
X
X
X
X
X
Control
Program
2
DWQ General
Support Existing Program
NC Division of
Permit for
X
X
X
X
X
Water Quality
Construction
Activities
4
Public
The public may call the Town
Stormwater
complaint
Stormwater Department to report
Administrator
records
construction site problems.
X
X
X
X
X
Complaints will be forwarded to
NCDLR.
7.4.2 Evaluation
Assessment of this program will be accomplished by meeting the measurable goals as listed in the 13MP
summary table.
18

7.5 Post Construction Stormwater Management in New Development and Redevelopment
The Town of Hope Mills has adopted a Stormwater Management Ordinance that addresses post
construction stormwater controls from new development and redevelopment projects that disturb greater
than or equal to one acre, including projects of less than one acre that are part of a larger common plan of
development or sale that discharge into the MS4.
7.5.1 Post -Construction Stormwater Management BMPs
As required by Chapter 67 of the Town of Hope Mills Code of'Ordinances, all subject projects (as defined
above) must apply for a locally -issued permit under one of the following stormwater management
options:
Low Density Projects
A project will be permitted as low density if the project has no more than two dwelling units per acre or
twenty-four percent built -upon area (BUA) for all residential and non-residential development.
Low density projects shall comply with each of the following standards:
(1) Stormwater runoff- from the development shall be transported from the development by vegetated
conveyances to the maximum extent practicable.
(2) All built -upon area shall beat 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 surface waters are not present in accordance with the provisions of 15A NCAC 2B
.0233 (3)(a) or similar site -specific determination made using Division -approved methodology.
(3) The approval of the stor n water permit shall require an enforceable restriction on property usage
that runs with the land, such as a recorded deed restriction or protective covenants, to ensure that
future development and redevelopment maintains the site consistent with the approved project
plans.
High Density Projects
A project will be permitted as high density if the project exceeds the low density threshold for dwelling
units per acre and built -upon area.
High -density projects shall implement stormwater control measures that comply with each of the
following standards:
(1) The measures shall control and treat runoff from the first one inch of rain. Runoff volume
drawdown time shall be a minimum of 48 hours, but not more than 120 hours. Stormwater control
measures must discharge the storage volume at a rate equal to or less than the predevelopment
discharge rate for the 1-year, 24-hour storm;
(2) Al I structural stormwater treatment systems used to meet these requirements shall be designed to
have a minimum of 85% average annual removal for Total Suspended Solids (TSS);
(3) General engineering design criteria for all projects shall be in accordance with 15A NCAC 21-1
.1008(c), as explained in the Design Manual;
z

(4) All built -upon area shall be at a minimum of 30 feet landward of all perennial and intermittent
surface waters. A 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 Agricuiture (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 surface
waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a) or similar
site -specific determination made using Division -approved methodology.
(5) The approval of the stormwater permit shall require an enforceable restriction on property usage
that runs with the land, such as recorded deed restrictions or protective covenants, to ensure that
future development and redevelopment maintains the site consistent with the approved project
plans.
7.5.2 BMP Summary Table
Item #
13MP
Measurable Goals
Schedule (years)
Responsible
Description
1 2 3 4 5
Position
1
Enforce Post-
Issue permits for applicable projects
Stormwater
Construction
according to ordinance
Administrator
Stormwater
requirements.
X
X
X
X
X
Management
Ordinance
2
Enforce
Annual inspections performed by
Stormwater
Operation and
owners of BMPs. Maintenance to
Administrator
Maintenance
be performed as required by
X
X
X
X
X
Inspection
individual Operation and
Program
Maintenance agreements.
3
Implement
Coordinate this effort with
Stormwater
oversight
Cumberland County Health
Administrator
program to
Department.
ensure proper
X
X
X
X
X
operation of on -
site wastewater
systems.
4
Support current
Review plans for adherence to
Cumberland County
zoning and
current ordinance requirements for
Planning
subdivision
natural resource protection, open
X
X
X
X
X
Department
ordinances
space protection, and tree
reservation
5
Review current
Identify incentives and disincentives
Stormwater
zoning and
for green infrastructure.
Administrator
subdivision
ordinances to
Coordinate this effort with the
identify
Cumberland County Planning
X
X
X
X
opportunities
Department.
for green
infrastructure
and design
20

7.5.3 Non -Structural BMPs
The following existing policies and ordinances currently provide requirements and standards to direct
growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or
increase open space, provide buffers, minimize impervious surfaces, and minimize disturbance of soils
and vegetation:
I ) The Town of i-lope Mills has adopted the Cumberland County 2030 Growth Vision Plan. The
Plan is to serve as a guide for decisions that affect the citizens of Cumberland County, The Plan
requires buffers and conservation areas along Rockfish Creek and Little Rockfish Creek.
2) The Town of [lope Mills zoning ordinance includes open space requirements for new
development. The required land is to be used for recreation, natural resource protection,
amenities, and/or buffer areas. Open space may include walkways, recreation areas, playgrounds,
wooded areas, greenways, and watercourses.
3) The 2030 Growth Vision Plan calls for well managed growth. This serves to direct growth
where it can best be served by generating less development conflicts, less sprawl, and less traffic
congestion while promoting more planned open space and a cleaner, healthier environment.
4) The 2030 Growth Vision plan call for new development and redevelopment to be especially
encouraged in locations where a full range of urban services and infrastructure (i.e. schools, fire
stations, water and sewer facilities, parks, and roads) is already in place.
7.5.4 Structural BMPs
The Town has adopted the NC Department of Water Quality's Stormwater Best Management Practices
Manual as the design standard for ail structural BMPs constructed within the Town.
7.5.5 Regulatory Mechanism
The Town has adopted a Stormwater management ordinance that addresses the requirements for post -
construction stormwater controls.
7.5.6 Operation and Maintenance
The Town's stormwater management ordinance requires that the property owner of each structural BMP
must submit an operation and maintenance agreement to the Town in order to receive a stormwater
permit. The operation and maintenance agreement is approved by the Town and must be recorded in the
Office of the Registrar of Deeds prior to the issuance of a certificate of occupancy. The owner and all
subsequent property owners must accept responsibility to maintain the BMP in accordance with the
operation and maintenance Agreement. A maintenance plan and an annual inspection requirement are
included as a part of. this agreement.
7.5.7 Natural Resource Protection
The Town of Hope Mills zoning ordinance contains provisions for a conservancy district. This district is
designed to preserve and protect identifiable natural resources from encroachment.
The stormwater management ordinance requires that all built upon area within new development and
redevelopment over one acre or that is part of a larger common plan of development, be at a mininu1m of
30 feet landward of all perennial and intermittent surface waters.
11

7.5.8 Open Space Protection
The Town of Hope Mills' zoning ordinance and subdivision ordinance contain provisions that address
open space requirements. These ordinances require that a specific portion of land be provided for the
purpose of providing park, recreation, and open space areas. Developers can pay a fee in lieu of open
space for every residential lot/unit proposed.
7.5.9 Tree Preservation
The "-own of I -lope Mills Zoning Ordinance contains a section requiring "free Preservation. A preclearing
inspection is required prior to clearing and grading of any site. Preservation of existing trees may be
credited towards required streetscape, yard, and parking area trees. Failure to obtain an inspection prior
to clearing, the site must be developed with double the number of trees as required in the landscaping
provisions of the ordinance.
7.5.10 Redevelopment and Development in Areas with Existing Infrastructure
The Cumberland County 2030 Growth Vision plan calls for well managed growth. This serves to direct
growth where it can best be served by generating less development conflicts, less sprawl, and less traffic
congestion while promoting more planned open space and a cleaner, healthier environment.
The 2030 Growth Vision plan also calls for new development and redevelopment to be especially
encouraged in locations where a full range of urban services and infrastructure (i.e. schools, fire stations,
water and sewer facilities, parks, and roads) is already in place.
7.5.11 Street Design
The Town of Hope Mills will examine the current zoning and subdivision ordinances in order to identify
areas in which to implement alternative street design and green infrastructure elements.
7.5.12 Reduced Parking Requirements
The Town's zoning ordinance currently allows for combination and shared parking. The zoning
ordinance also contains a provision for off -site parking as long as it is located within 400 feet ofthe main
pedestrian entrance of the principal use. Landscaping is also required in parking lots which helps reduce
stormwater runoff.
7.5.13 Green Infrastructure Practices
The "ITown's stormwater management ordinance applies the use of the NC Department of Water Quality's
Stormwater Best Management Practices Manuai to all regulated new development and redevelopment
within the Town. The manual, and the Town, allow the use of swales, permeable pavement, cisterns, and
rain barrels.
Stormwater management consultations are highly encouraged as a part of the early development review
process. Pre -site plan review is offered and encouraged for all regulated development. No construction
activities are allowed to begin until a stormwater permit has been issued by the Town based upon an
approved storrwater management plan.
The "Down requires operation and maintenance agreements for all BMPs. They must be maintained
according to the maintenance agreement and require annual inspections in order to ensure they are
performing as designed.
22

The Town will review its current zoning, subdivision, and stonmwater management ordinances to identify
strategies for revising these policies to better support green infrastructure.
7.5.14 Decision Process
The post construction article of the stormwater management ordinance ensures that controls are in place
to prevent or minimize water duality impacts from new development and redevelopment. The Town will
examine current ordinances to identify areas that will better support green infrastructure.
7.5.15 Evaluation
The success of the post -construction stormwater management program element will be measure by assess
achievements and progress toward the measurable goals listed in the BMP summary table.
23

7.6 Pollution Prevention/Good Housekeeping for Municipal Operations
The Town of Hope Mills has an operation and maintenance program that has the ultimate goal of
preventing or reducing pollutant runoff from municipal operations.
7.6.1 BMP Summary Table
Item #
I3MP
Description
Measurable Goals
Schedule (years)
1 2 3 4 5
Responsible
Position
1
Continue
Support Existing Program to
Stormwater
preventative
identify areas of potential pollutant
Administrator
maintenance
loading.
program
X
X
X
X
X
including
Conduct annual inspections of all
annual
municipal facilities. Record all
inspections,
corrective action taken.
2
Conduct
Educate all employees annually on
Stormwater
Employee
clean water issues and provide
X
X
X
X
X
Administrator
Training
information regarding opportunities
to reduce water pollution.
7.6.2 Affected Operations
All facilities located on the Town Hall campus are affected by the operation and maintenance program
including:
1) Town Hall maintenance
2) Public Works operations and maintenance and storage facilities
3) Fire Station and equipment maintenance
4) Parks and recreation facilities and grounds maintenance
5) Buildings and grounds maintenance
6) Streets and drainage systems maintenance
7) Town parking lots
7.6.3 Training
Annual training workshops will be held for all municipal employees. The workshops will focus on
preventing and reducing stormwater pollution from activities such as park and open space maintenance,
fleet and building maintenance, and stormwater system maintenance. The workshops will also focus on
general stormwater awareness and illicit discharge detection in the field.
The pollution prevention/good housekeeping training for municipal employees will be coordinated with
the training material developed for the I'ublic Education and Outreach program by utilizing common
brochures related to stormwater pollution and illicit discharges.
7.6.4 Maintenance and Inspections
The Town has implemented several programs to reduce the amount of floatables and other pollutants
entering the MS4 including:
24

1) Street sweeping -currently performed on an as needed basis with the goal of sweeping each street
once every 3 months. Additional sweeping is done when required.
2) Basin cleaning program -currently performed on an as needed basis with additional attention being
given to known problem areas.
3) Storm drain maintenance -performed on an as needed basis with additional attention being given
to known problem areas.
Inspections of all municipal facilities will be performed annually. The inspection and any subsequent
maintenance activities performed will be documented, and records of these inspections will be held on
site.
7.6.5 Vehicle Operations
Preventative maintenance will be performed in order to reduce potential stormwater pollutants from
municipal parking lots, maintenance and storage yards, and felt maintenance shops. This will include
good housekeeping measures including, but not limited to:
1) Covering storage areas
2) Keeping containers labeled and in good condition
3) Spill clean up and prevention plans
4) Keeping vehicles tuned up to prevent leaks and drips
5) Proper disposal of liquids from automotive maintenance
6) Washing vehicles only in the wash pad area that drains to the sanitary sewer
7) Removal of trash and debris
Vehicular operations will be inspected on an annual basis to identify areas of potential pollutant
discharge. Corrective actions will be taken to reduce pollutant loading from these sites if found to be
necessary.
7.6.6 Waste Disposal
The disposal of waste will be conducted to ensure that measures are employed to minimize exposure of'
dredge spoil, sediments, tioatables and other debris from stormwater to prevent stormwater pollution from
these waste sources.
7.6.7 Decision Process
The Town seeks to set an example for the community by implementing stormwater pollution prevention
measures at municipal owned facilities. The basis for the Pollution Prevention/Good Housekeeping
program is to define the municipal activities that have the potential to contribute to storrnwatcr pollution
and to implement measures and controls to minimize or eliminate their impacts on water quality.
7.6.8 Evaluation
The pollution prevention/good housekeeping measure will be evaluated by assessing achievements and
progress toward reaching each measurable goal as listed in the BMP table.
25

Chapter 67 STORMWATER MANAGEMENT
http://IibraryI.mimicode.coin/default-tCst/DocView/ 12974/l /95
Chapter 67 STORMWATER MANAGEMENT
Article 1, In General
Sec.67-1. Purpose,.
Sec.67-2. Authority,
Sec.67-3. Jurisdiction.
Sec.67-4. Definitions.
Sec. 67-5. Establishment of a stormwater utility fee andenterpmse fund.
Sec. 67-6. Stormwater systems.
Sec. 67-7. Private facilities.
Sec. 67-8. Right of entry for survey, examination, and inspection.
Sec. 67-9. Fees, charges, penalties: determination.
Sec. 67-10. Schedule of fees, charges, and penalties.
Sec. 67-11. Billing and collection.
S_ec.67-12. Exemptions.
Secs.67-13--67-30. Reserved.
Article II. Illicit Discharges and Connections
Sec. 67-31. Title, purpose.
Sec. 67-32.
O b iecti ves.
Sec.67-33.
Applicability.
Sec.67-34.
Abrogation,
Sec. 67-35.
Right of entry.
Sec. 67-36.
Prohibited discharges.
Sec. 67-37.
Illicit connections.
Sec. 67-38.
Industrial or construction activity discharges.
Sec. 67-39.
Notification of spills.
Sec. 67-40.
Enforcement of violations of illicit discharges.
Sec. 67-41.
Enforcement of violations of illicit connections.
Sec. 67-42.
Other violations.
Sec. 67-43.
Payment and collection procedures.
Sec. 67-44. Criminal penalties.
Sec.67-45. Appeal.
Sec.67-46. Abatement.
Sec.67-47.
Nuisances prohibited, enumeration.
Sec. 67-48.
Complaint, investigation, and public nuisance.
Sec. 67-49.
Enforcement of violations of public nuisances.
Sec. 67-50.
Abatement by the town.
Sec.67-51.
Appeal,
Sec. 67-52.
Procedure is alternative to other authorized procedures.
Sec.67-53--67-69. Reserved,
Article Ill.
Phase II Stormwater Post -Construction
Sec.67-70. Title.
Sec.67-71. Authority,
Sec.67-72. Findings.
Sec.67-73, Purpose.
Sec. 67-74. Applicability and jurisdiction.
Sec. 67-75. Interpretation_
Sec. 67-76. Design manual.
Sec. 67-77. Relationship to other laws, regulations, and private agreements.
Sec.67-78. Severability.
Sec.67-79. Definitions.
Sec. 67-80. Effective date and transitional provisions.
Sec. 67-81. Review and decision -making entities.
Sec. 67-82. Review procedures.
Sec. 67-83. Establishment of application requirements, schedule, and fees.
Sec. 67-84. Applications for approval.
Sec.67-85. Approvals.
Sec.67-86. eals.
See. 67-87. Development standards for low -density pro'ei cts.
Sec. 67-88. Development standards for high -density projects.
of 2 1 /5/2010 1:55 PM

Chapter 67 STORMWATER MANAGEMENT
http://Iibraryl.municode.com/defziult-test/DocView/I 2974/1/95
Sec. 67-89.
Standards for stormwater control measures.
Sec. 67-90.
Dedication of BMPs, facilities, and improvements.
Sec.67-91.
Variances.
Sec. 67-92.
General standards for maintenance.
Sec. 67-93.
Operation and maintenance agreement.
Sec. 67-94.
Inspection program.
Sec. 67-95.
Performance security for installation and maintenance.
Sec. 67-96.
Notice to owners.
Sec. 67-97.
Records of installation and maintenance activities.
Sec.67-98.
Nuisance.
Sec. 67-99.
Maintenance easements.
Sec. 67-100.
General enforcement.
Sec. 67-101.
Procedures for enforcement.
Sec. 67-102,
Remedies _and _penaltie_s_.
Secs.67-103--67-120. Reserved.
2 of'2 1/5/2010 1:55 PM

ARTICLE 1. 1N GENERAL
http://1 ibraryI .municodexorrz defautt-test/DocView/ 12974/ 1 /95/96
ARTICLE I. IN GENERAL
Sec.67-1. Purpose.
The purpose of this chapter is to protect and promote public health, safety, and welfare by
preventing the introduction of potentially harmful materials into the town storm sewer system; to
protect property from potential stormwater damage; to maintain and enhance water quality; and to
meet the requirements of the National Pollutant Discharge Elimination System Permit for Stormwater
Discharges for the Town of Hope Mills.
(Ord. of 11-5-07(2), § 1)
Sec.67-2. Authority.
This chapter is adopted pursuant to the following authorities in N.C.G.S.: Chapter 15 (Criminal
Procedure), Chapter 113A (Pollution Control and Environment), Chapter 130A (Public Health), and
Chapter 160A (Cities and Towns).
(Ord. of 11-5-07(2), § 1)
Sec.67-3. Jurisdiction.
The provisions of this chapter shall govern the use of all lands lying within the town.
(Ord. of 11-5-07(2), § 1)
Sec.67-4. Definitions.
The following words, terms, and phrases when used in this chapter shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning.
Best management practices (BMPs) means schedules of activities, prohibitions of practices,
general good housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices to prevent or reduce the discharge of pollutants directly
or indirectly to stormwater, receiving waters, or storm drain conveyance systems. BMPs also include
treatment practices, operating procedures, and practices to control site runoff, spillage or leaks,
sludge or water disposal, or drainage from raw materials storage.
Connection means any ditch, pipe, or other device for the diversion or transmission of storm
drainage which will in any way affect the operation or maintenance of the municipal separate storm
sewer system.
Conveyance means any feature of the landscape or earth, manmade or natural, that carries
stormwater in a concentrated flow.
County means Cumberland County, North Carolina
Customer means the person or firm to which a bill for stormwater service charges is sent.
I of 7 I /5/2010 1:56 PM

ARTICLE 1. IN GENERAL
http://IibraryI.i-nunicode.com/def,iult-test/DocView/] 2974/1 /95/96
Detached single-family residential means developed land containing one structure which is
not attached to another dwelling unit and which contains one or more rooms with a bathroom and
kitchen facilities designed for occupancy by one family and shall include single-family houses, single
duplex units under common ownership, manufactured homes, and mobile homes located on individual
lots or parcels of land and residential condominium and townhouse units. Developed land may be
classified as "detached single-family residential" despite the presence of incidental structures
associated with residential uses such as garages, carports, or small storage buildings. The term
"detached single-family residential" shall not include developed land containing structures used
primarily for nonresidential purposes; manufactured homes and mobile homes located within
manufactured home or mobile home parks; or other multiple unit properties.
Developed land means property altered from a natural state that contains impervious surface,
and includes improved land without structures, and land on which improvements are under
construction.
Director means the stormwater administrator.
Drainage means the flow of stormwater runoff into a conveyance.
Equivalent residential unit (ERU) means 2,266 square feet of impervious surface, which is
the average amount of impervious surface within and/or on an average single-family property in the
service area.
Exemption means not applying or removing the application of the stormwater utility charge
from a property. No permanent exemption shall be granted based on taxable or nontaxable status or
economic status of the property owner.
Illicit discharge means any direct or indirect nonstormwater water discharge to the storm drain
system, except as exempted in section 67-36 of this article.
Illicit connection means either of the following:
(1) Any drain or conveyance, whether on the surface or subsurface that allows an illicit
discharge to enter the storm drain system including but not limited to any conveyances
that allow any nonstormwater discharge including sewage, process wastewater, and
washwater to enter the storm drain system and any connections to the storm drain
system from indoor drains and sinks, regardless of whether said drain or connection
had been previously allowed, permitted, or approved by an authorized enforcement
agency or,
(2) Any drain or conveyance connected from a commercial or industrial land use to
the storm drain system that has not been documented in plans, maps, or equivalent
records and approved by an authorized enforcement agency.
Impervious surfaces means those areas within developed land which prevent or significantly
impede the infiltration of stormwater into the soil.
Infrastructure means the physical infrastructure, structural or natural, including the stormwater
system as defined in this section, for servicing of stormwater, generally related to stormwater quantity
management.
Municipal separate storm sewer system (MS4) means a conveyance or system of
conveyances designed or used for collecting or conveying stormwater, including but not limited to
roads with drainage systems, catch basins, curbs, gutters, ditches, manmade channels, or storm
drains.
National Pollutant Discharge Elimination System (NPDES) means a permitting system
established by Section 402 of the Clean Water Act. Permits are issued by the state under delegation
from the EPA for discharges directly to the surface waters of the state pursuant to G.S. 143-215.1.
2 of 7 1/5/2010 1:56 PM

ARTICLE I. IN GENERAL
http://I ibraryl.municode.com/default-test/DocView/ 1297411195196
Nonstormwater means any flow which is discharged to the MS4 which is not from a form of
natural precipitation.
Other properties means any developed land not fitting the definition of detached single-family
residential. The term "other properties" shall include, but is not limited to, attached single-family
houses, nonresidential townhouses and condominiums, apartments, boardinghouses, hotels and
motels, churches, commercial properties which include dwelling units, manufactured home or mobile
home parks, commercial and office buildings, storage areas, parking lots and other impervious areas,
parks, recreation properties, public and private schools and universities, hospitals and convalescent
centers, office buildings, airports, agricultural uses involving impervious surfaces, water reservoirs,
and water and wastewater treatment plants. Real properties which are used for other than single-family
residential use located in single-family residential structures or duplexes shall be deemed other
properties for the purpose of calculating the stormwater service charge. The definition of "other
properties" shall be broadly construed such that any property having areas of impervious coverage
shall be subject to the stormwater service charge unless otherwise provided.
Person means any person, firm, individual, partnership, corporation, organization, or
association of any kind.
Pollution means manmade or man -induced alteration of the chemical, physical, biological, or
radiological integrity of water.
Service charge means the stormwater service charges applicable to a parcel of developed
land which is generally reflective of a parcel's allocable portion of or impact on the cost of providing
stormwater utility services and facilities as authorized or provided for in this chapter. The service
charge will vary from one parcel of developed land to another based upon the amount of impervious
surfaces.
Stormwater means the runoff from precipitation that travels over natural or developed
surfaces to the nearest stream, other conduit, or impoundment, and appears in lakes, rivers, ponds, or
other bodies of water.
Stormwater department means that organization, including its employees as well as other
designated personnel that are responsible for implementing the Town of Hope Mills stormwater
management program.
Stormwater management program means the various methods employed by the stormwater
utility to manage stormwater and comply with its NPDES stormwater discharge permit.
Stormwater system and storm sewer system means the system of natural and constructed
devices for collecting and transporting stormwater. The terms include, but are not limited to, lakes,
ponds, rivers, creeks, streams, open ditches, catch basins, pipes, drains, culverts, and other
stormwater management facilities.
Stormwater utility means the stormwater utility created hereby, including a stormwater
management structure that shall be responsible solely and specifically for the stormwater management
program and system that is supported through the stormwater utility charge authorized in this chapter
and, if applicable, other general fund appropriations, grants and other revenues appropriated
therefore.
Undeveloped land means land that does not meet the definition of developed land.
User means any person who contributes, causes, or permits the contribution of stormwater
into the MS4.
Waters of the state means all streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other accumulations
of water, surface or underground, natural or artificial, public or private, which are contained within, flow
3 of 7 1/5/2010 l :56 PM

ARTICLE I. IN GENERAL
http://Iibraryl .municode.con/default-test/DocView/ l2974/ i/95/96
through, or border upon the state or any portion thereof.
(Ord. of 11-5-07(2), § 1)
Sec. 67-5. Establishment of a stormwater utility and enterprise fund.
(a) There is hereby established a stormwater management utility for the Town of Hope Mills
to carry out the purposes, functions, and responsibilities set forth in this chapter. The
stormwater management utility shall have the following powers and duties, subject to available
revenues, which powers and duties are not necessarily exclusive to the stormwater
management utility:
(1) Stormwater management planning and preparation of comprehensive watershed
master plans for stormwater management;
(2) Regular inspections and maintenance of public stormwater management facilities
and measures for the construction thereof, as well as regular inspections of private
stormwater facilities;
(3) Maintenance and improvements of stormwater management facilities that have
been accepted by the town for the purpose of stormwater management;
(4) Plan review and inspection of stormwater management plans, measures, and
practices;
(5) Design and construction of stormwater management facilities and measures and
acquisition of equipment;
(6) Water quantity and water quality management, including monitoring activities;
(7) Compliance with state and federal regulations for stormwater management,
including the NPDES stormwater discharge permit;
(8) Any and all powers and duties delegated or granted to it as a local government
implementing agency under the laws and regulations of the state and ordinances of the
town.
(b) There is hereby established a stormwater management enterprise fund for the town for
the purpose of dedicating and protecting all funding applicable to the purposes and
responsibilities of the stormwater management utility including, but not limited to, rents, rates,
fees, charges, and penalties as may be established, after notice and a public hearing by the
town board of commissioners and other funds that may be transferred or allocated to the
stormwater management utility. All revenues and receipts of the stormwater management utility
shall be placed in the stormwater management enterprise fund and all expenses of the utility
shall be paid from the stormwater management enterprise fund, except that other revenues,
receipts, and resources not accounted for in the stormwater utility enterprise fund may be
applied to stormwater programs, and stormwater and drainage systems as deemed
appropriate by the town board of commissioners.
(Ord. of 11-5-07(2), § 1)
Sec. 67-6. Stormwater systems.
The stormwater management utility shall monitor the design, operation, maintenance,
inspection, construction, and use of all stormwater systems in the town. The director shall be
responsible for the design and construction of public stormwater facilities owned by the town and shall
4 of 7 1/5/2010 l :56 PM

ARTICLE 1. 1N GENERAL
http://l ibraryl.municode.com/default-test/DocView/ 12974/ 1/95/96
inspect, operate, and maintain them as prescribed herein. The director shall be responsible for plan
approval, construction, and inspection of both private stormwater facilities and public stormwater
facilities. Additionally, the stormwater management utility may accept the responsibility for the
operation and maintenance of private stormwater facilities only when such services have been agreed
to, contracted for, and approved by the town board of commissioners, and have been subject to the
final review of the town's attorney. All agreements shall be in writing.
(Ord. of 11-5-07(2), § 1)
Sec. 67-7. Private facilities.
(a) The property owner shall be responsible for stormwater drainage facilities located on
private property where runoff will principally be collected within that property. The owner shall
clean and maintain the facility, the channel, or other device as required to ensure efficient and
proper operation of the facility, and shall obtain the town inspector or stormwater
administrator's prior written approval for any proposed changes or alterations to any
stormwater facilities that, at the town's sole discretion, may substantially or adversely affect
stormwater drainage in the property owner's area. The stormwater administrator shall provide
for inspection of private facilities to ascertain that the stormwater facilities are functioning as
designed and approved. The stormwater administrator shall provide for remedial maintenance
of facilities based upon the severity of stormwater problems and potential hazard to the public
health, safety, and welfare.
(b) It shall be unlawful for any person or organization to construct, alter, repair, relocate, or
demolish a storm sewer, natural watercourse, or other drainage facility without first filing an
application and obtaining a proper permit from the town.
(Ord. of 11-5-07(2), § 1)
Sec. 67-8. Right of entry for survey, examination, and inspection.
After presenting proper credentials, and at any reasonable times, the employees of the
stormwater department or its agents may enter upon lands within the town to make surveys and
examinations to accomplish the necessary preliminary findings to establish a town stormwater plan,
and for detailed analyses to prepare plans and specifications for proposed site improvements. In
addition, any and all such employees or agents may enter upon any lands to inspect private facilities
to ascertain their compliance with this chapter.
(Ord. of 11-5-07(2), § 1)
Sec. 67-9. Fees, charges, penalties; determination.
(a) Impervious coverage. The amount of impervious coverage of real property is a key
factor in the peak rate of stormwater runoff and the pollutant loadings of stormwater runoff
discharged to the structural and natural drainage systems and facilities. Therefore, the amount
of impervious coverage shall be the primary parameter for establishing the rate structure to
distribute the cost of systems and facilities through a schedule of fees, charges, and penalties
related to the use and operation of the stormwater utility and public enterprise established by
this chapter.
(b) Establishment of the equivalent residential unit. The area 2,266 square feet of
impervious coverage represents the conditions of an average, typical residence in the town.
5 of 7 1/5/2010 1:56 PM

ARTICLE 1. IN GENERAL
http:l/l ibraryl.municode.com/dcfault-tes1/DOCView/ 12974/ 1/95/96
The area 2,266 square feet is hereby declared to be the equivalent residential unit (ERU) for
the purposes of distributing the cost of stormwater services and facilities through a schedule
of fees, charges, and penalties under this chapter.
(c) Application of the equivalent residential unit. Differences in the level and cost of services
and facilities across the town constitute sufficient reason to differentiate in fees, charges, and
penalties as applied to individual properties under this chapter. Therefore, the charge per ERU
may be varied to accomplish a calculation of fees, charges, or penalties that is fair and
reasonable and bears an appropriate relationship to the overall aggregate cost of providing
stormwater program services and facilities.
(Ord. of 11-5-07(2), § 1)
Sec. 67-10. Schedule of fees, charges, and penalties.
(a) Fee schedule adopted. The schedule of fees, charges, and penalties set out in this
section is hereby adopted and shall apply to all properties within the town except as altered by
exemptions.
(b) Detached single-family residential. Each developed detached single-family residential
property shall be billed and shall pay pursuant to the rate established for one equivalent
residential unit.
(c) Other properties. All other developed properties having impervious coverage including
but not limited to multifamily residential properties with three or more living units, commercial
properties, industrial properties, public and institutional properties, church properties, public
and private school properties, and developed vacant properties shall be billed one ERU per
2,266 square feet or fraction thereof of impervious coverage on the subject property. There
will be no service charge for other properties with fewer than 600 square feet of impervious
surface.
(d) Charge per ERU. The monthly rate per ERU shall be $3.00 for detached single-family
residential properties and $4.00 for all other properties.
(e) Other fees, charges, and penalties. Other fees, charges and penalties may be adopted
from time to time by the board of commissioners incidental to the purposes of stormwater
utilities as provided in G.S. 153A-277.
(Ord. of 11-5-07(2), § 1; Ord. of 2-18-08, § 1)
Sec. 67-11. Billing and collection.
(a) Method of killing. Billing and collection of the stormwater service charge and any other
fees, charges, and penalties for stormwater utility services and facilities may be accomplished
in any manner deemed appropriate by the town manager, including, but not limited to, the
following: including the service charge with the annual property tax billing, enclosing it with or
attaching it to the annual property tax billing, or by a separate billing.
(b) Delinquencies. A stormwater utility service charge billing or other billing for fees,
charges, and penalties associated with the stormwater utility shall be delinquent if not paid
within 60 days of the date of billing or upon the date of delinquency of the annual property tax
billing if the stormwater utility service charge or other billing for fees, charges, and penalties is
placed upon the annual property tax billing or enclosed with or attached to the annual property
tax billing. A delinquent billing shall accumulate an additional penalty at the rate as established
6 of 7 1 /5/2010 1:56 PM

ARTICLE I. IN GENERAL
fittp://i ibrary1.municode,com/default-test/DocView/ 12974/ 1 /95/96
for the interest applicable to delinquent, unpaid property taxes and shall run from the date of
the original billing. This penalty shall be termed a delinquency penalty charge.
(c) Appeal of disputed bills, adjustments. If any customer disputes the stormwater utility
service charge or any other fees, charges, or penalties adopted pursuant to this chapter, that
customer must appeal the billing within 60 days of the charge, stating the reasons for the
appeal, and providing information pertinent to the calculation of the bill. An appeal of a
disputed bill shall be filed with the stormwater administrator, who may direct that the appeal be
reviewed by the stormwater utility staff. If the customer is not satisfied with the disposition of
the appeal, the customer may further appeal the disputed charge to the town manager or his
designee who shall make the final ruling on the validity of the appeal. Notice shall be given to
the customer of any decision at any stage of an appeal either by personal service or by first
class mail to the customer's address of record on the books of the stormwater utility. All
administrative remedies provided in this chapter must be exhausted before any appeal to any
further court of competent jurisdiction.
(Ord. of 11-5-07(2), § 1)
Sec.67-12. Exemptions.
(a) Improved public road rights -of -way which have been conveyed to and accepted for
maintenance by the state department of transportation and are available for use in common
vehicular transportation by the general public shall be exempt from stormwater service
charges.
(b) Improved public road rights -of -way which have been conveyed to and accepted for
maintenance by the city and are available for use in common for vehicular transportation by
the general public shall be exempt from stormwater service charges.
(Ord. of 11-5-07(2), § 1)
Secs.67-13--67-30. Reserved.
7 of 7 1/5/2010 1:56 PM

ARTICLE II, ILLICIT DISCHARGES AND CONNECTIONS
http://] ibraryi.municode.com/default-test/DocView/ 12974/1/95/97
ARTICLE II. ILLICIT DISCHARGES AND CONNECTIONS
Sec. 67-31. Title, purpose.
This article shall be and is collectively referred to and cited as "The Stormwater Illicit
Discharge and Connection Article of the Town of Hope Mills, North Carolina". The purpose of this
stormwater illicit discharge and connection article is to:
(1) Protect the public health, safety, and welfare by controlling the discharge of
pollutants into the stormwater conveyance system;
(2) Promote activities directed towards the maintenance and improvement of surface
and ground water quality;
(3) Satisfy the requirements imposed upon the Town of Hope Mills under its NPDES
stormwater discharge permit issued by the state; and
(4) Establish administration and enforcement procedures through which these
purposes can be fulfilled.
The provisions of this article are supplemental to regulations administered by state and federal
governments.
(Ord. of 11-5-07(2), § 1)
Sec. 67-32. Objectives.
The objectives of this article are to:
(1) Regulate the discharge of substances which may contaminate or cause pollution
of stormwater, stormwater conveyances, or waters of the state.
(2) Prohibit illicit discharges and connections to the stormwater conveyance system.
(3) Provide for proper handling of spills.
(4) Establish a legal authority to carry out all inspection, surveillance, monitoring, and
enforcement procedures necessary to ensure compliance with this article.
(Ord. of 11-5-07(2), § 1)
Sec.67-33. Applicability.
This article shall apply to all water entering the storm drain system generated on any
developed and undeveloped lands unless explicitly exempted by the stormwater management utility.
(Ord. of 11-5-07(2), § 1)
Sec.67-34. Abrogation.
This article is not intended to repeal, abrogate, annul, impair or interfere with any existing
l of 12 1/5/2010 1:56 I'M

ARTICLE II. ILLICIT DISCHARGES AND CONNECTIONS http://Iibraryl.►nunicode.com/default-test/DoeView/12974/i/95/97
easements, covenants, deed restrictions, agreements, rules, regulations, or permits previously
adopted or issued. However, if any provisions or requirements of this article conflict with any existing
regulations or ordinances, the more restrictive provisions shall apply.
(Ord. of 11-5-07(2), § 1)
Sec. 67-35. Right of entry.
In order to allow the stormwater department to adequately enforce the provisions of this
article, employees of the stormwater department need to be provided access to areas where potential
violations may occur. The following subsections identify the means the stormwater department may
implement to achieve the aforementioned objectives:
(1) For the purpose of conducting inspections, sampling, monitoring, records
examination or copying, or in the performance of any other duties necessary to
determine compliance with this article, stormwater department personnel or other
designated personnel upon presentation of proper credentials and identification, are
hereby authorized to enter upon private premises, including any building or other
structure, subject to this article. The stormwater department personnel shall be
provided ready access during regular business hours to all parts of the premises.
Nothing in this section shall be construed to free the inspecting or investigating official
from any requirement; to obtain the consent of the owner or occupant of the premises
concerned, or to obtain an administrative search warrant pursuant to G.S. 15-27.2 or
other provisions of the state general statues, or otherwise to view or enter upon such
premises in a manner prescribed by law.
(2) Where a person has security measures in force which require proper identification
and clearance before entry into its premises, the person shall make necessary
arrangements with its security guards so that upon presentation of suitable
identification, stormwater department personnel will be permitted to enter without delay
for the purpose of performing their specific duties.
(3) The stormwater department shall have the right to set up on the person's property
such temporary devices as are necessary to conduct stormwater sampling.
(4) The person shall not impede or obstruct the safe and easy access to the areas to
be inspected and/or monitored. If necessary, the stormwater department shall be
responsible for providing access to existing nonaccessible locations.
(5) The stormwater department may inspect the facilities of any user in order to
ensure compliance with this article. Such inspection shall be made with the consent of
the owner, manager, or signatory official. If the stormwater department has been
refused access to a building, structure, or property, or any part thereof, and is able to
demonstrate probable cause to believe there may be a violation of this article, or that
there is a need to inspect and/or sample as part of a routine inspection and sampling
program of the stormwater department designed to verify compliance with this article
or any permit of order issued under this article, or to protect the overall health, safety,
and welfare of the community, then the stormwater department may seek issuance of
an administrative search warrant pursuant to G.S. 15-27.2.
(Ord. of 11-5-07(2), § 1)
Sec. 67-36. Prohibited discharges.
2 of 12 1/5/2010 1:56 PM

ARTICLE II. ILLICITDISCHARGES AND CONNECTIONS
http://libraryl.municode.cor /default-test/DocView/12974/I/95/97
In order to protect the quality of the waters of the state in the town, certain discharges are
hereby prohibited that either directly discharge to the waters of the state or that discharge to the
waters of the state through the stormwater drainage system. The following subsections identify the
two primary classifications of prohibited discharges, as well as exceptions to the prohibitions:
(a) Nonstormwater discharges. It shall be unlawful for any person to throw, drain, or
otherwise discharge, cause, or allow others under its control to throw, drain or
otherwise discharge into the MS4 pollutants or waters containing any pollutants, other
than stormwater with the exception of the following:
(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising groundwaters;
(5) Groundwater infiltration to separate storm sewers;
(6) Pumped groundwater;
(7) Discharges from potable water sources;
(8) Foundation drains;
(9) Air-conditioning condensation;
(10) Irrigation water;
(11) Springs;
(12) Water from crawl space pumps;
(13) Footing drains;
(14) Lawn watering;
(15) Noncommercial car washing;
(16) Flows from riparian habitats and wetlands;
(17) Dechlorinated swimming pool water;
(18) Street washwaters;
(19) Discharges from fire -fighting activities;
(20) Discharges associated with emergency removal and treatment activities,
for hazardous materials authorized by the federal, state, or local government
on -scene coordinator;
(21) Other nonstormwater discharges for which a valid NPDES permit has
been approved and issued by DEM and provided that any such discharges to
the MS4 be authorized by the stormwater department,
(b) If any of the above nonstormwater exceptions are found to be polluted and thus
cause a negative impact on the quality of the waters of the state, such situation or
occurrence shall be deemed unlawful and shall not be allowed to discharge to the MS4.
These conditions shall be determined by the stormwater administrator or his or her
designee. Such situations or occurrences shall be considered an illicit discharge or
illicit connection as defined in this article.
(Ord. of 11-5-07(2), § 1)
3 of 12 1/5/2010 1:56 I'M

ARTICLE 11. ILLICIT DISCHARGES AND CONNECTIONS http://Iibraryi.municode.com/default-test/DocView/12974/1/95/97
Sec. 67-37. Illicit connections.
(a) The construction, use, maintenance, or continued existence of illicit connections to the
storm drain system is prohibited. Prohibited discharges include, but are not limited to,
wastewater lines such as those from washing machines or sanitary sewers, commercial
washwater from cleaning vehicles or equipment, flushing water such as that from industrial
operations, floor drains, and overflowing septic systems.
(b) This prohibition expressly includes, without limitation, illicit connections made in the past
regardless of whether the connection was permissible under law or practices applicable or
prevailing at the time of connection.
(c) A person is considered to be in violation of this article if the person connects a line
conveying sewage to the MS4, or allows such a connection to continue.
(d) Improper connections in violation of this article must be disconnected and redirected, if
necessary, to an approved on -site wastewater management system or the sanitary sewer
system upon approval of the stormwater department.
(e) Any drain or conveyance that has not been documented in plans, maps or equivalent, and
which may be connected to the MS4, shall be located by the owner or occupant of that
property upon receipt of written notice of violation from the stormwater department requiring
that such locating be completed. Such notice will specify a reasonable time period within which
the location of the drain or conveyance is to be determined, that the drain or conveyance be
identified as storm sewer, sanitary sewer, or other discharge point to be identified. Results of
these investigations are to be documented and provided to the stormwater department.
(Ord. of 11-5-07(2), § 1)
Sec. 67-38. Industrial or construction activity discharges.
(a) Any person subject to an industrial or construction activity NPDES stormwater discharge
permit shall comply with all provisions of such permit. Proof of compliance with said permit
may be required in a form acceptable to the stormwater department prior to allowing
discharges to the MS4.
(b) The operator of a facility, including construction sites, required to have an NPDES permit
to discharge stormwater associated with industrial activity shall submit a copy of the notice of
intent (NOI) to the stormwater department at the same time the operator submits the original
NOI to the EPA as applicable.
(c) The copy of the NOI may be delivered to the stormwater department either in person or
by mail at:
Notice of Intent to Discharge Stormwater
Town of Hope Mills Stormwater Department
5770 Rockfish Rd.
Hope Mills, NC 28348
(d) A person commits an offense if the person operates a facility that is discharging
stormwater associated with industrial activity without having submitted a copy of the NOI to do
so to the stormwater department.
(Ord. of 11-5-07(2), § 1)
4 of 12 1/5/2010 1:56 PM

ARTICLE 11. ILLICITDISCHARGES AND CONNECTIONS http:// I ib rary I municod exonVdefault-test/DocView/12974/1/95/97
Sec. 67-39. Notification of spills.
(a) Notwithstanding other requirements of law, as soon as any person responsible for a
facility or operation, or responsible emergency response for a facility or operation has
information of any known or suspected release of materials which are resulting or may result in
illicit discharges or pollutants discharging into stormwater, the storm drain system, or waters of
the United States, said person shall take all necessary steps to ensure the discovery,
containment, and cleanup of such release.
(b) In the event of such a release of hazardous materials, said person shall immediately
notify emergency response agencies of the occurrence via emergency dispatch services.
(c) In the event of a release of nonhazardous materials, said person shall notify the
stormwater department in person, by phone, or by facsimile no later than the next business
day. Notifications in person or by phone shall be confirmed by written notice addressed and
mailed to the stormwater department within five business days of the phone notice.
(d) If the discharge of prohibited materials emanates from a commercial or industrial
establishment, the owner or operator of such establishment shall also retain an on -site written
record of the discharge and actions taken to prevent its recurrence. Such records shall be
retained for at least two years.
(e) Failure to provide notification of a release as provided above is a violation of this article.
(Ord. of 11-5-07(2), § 1)
Sec. 67-40. Enforcement of violations of illicit discharges.
(a) Notice of violation.
(1) Whenever the stormwater department finds that any user of the MS4 is violating
the illicit discharge provisions of this article, the stormwater administrator, or his or her
designee, shall serve upon such a person a notice of violation and direct the
responsible patty to:
a. Comply immediately;
b. Comply in accordance with a schedule set forth in the notice; or
c. Take appropriate remedial or preventative action in the event of a
continuing or threatening violation.
(2) No penalty shall be assessed until the person alleged to be in violation has been
served written notice of the violation by registered or certified mail, personal service,
posting of the notice on the property of the violator, or publication. The notice shall
describe the violation with reasonable particularity, specify a reasonable time period
within which the violation must be corrected, and warn that failure to correct the
violation within the time period will result in the assessment of a civil penalty and/or
other enforcement action. If, after the allotted time period has expired, the violator has
not completed corrective action, a civil penalty shall be assessed by the stormwater
administrator, or his or her designee, from the date of receipt of the notice of violation.
Refusal to accept the notice shall not relieve the violator of the obligation to pay such a
penalty.
(b) Civil penalties. Any designer, engineer, contractor, agent or any other person who allows,
acts in concert, participates, directs, or assists directly or indirectly in the creation of a
5 of 12 1 /5/2010 1:56 I M

ARTICLE II, ILLICIT DISCHARGES AND CONNECTIONS http://Iibraryl.municode.conVdefault-test/DocView/12974/l/95/97
violation of the illicit discharge provisions of this article shall be subject to civil penalties as
fo llows:
(1) For first time offenders, if the quantity of discharge is equal to or less than five
gallons and consists of domestic or household products in quantities considered
ordinary for household purposes, said person shall be assessed a civil penalty not to
exceed $100.00 per violation or per day for any continuing violation. If the quantity of
discharge is greater than five gallons or contains nondomestic substances including,
but not limited to, waste water, or if said person cannot provide clear and convincing
evidence of the volume and nature of the substance discharged, said person shall be
assessed a civil penalty not to exceed $1000.00 per violation or per day for any
continuing violation.
(2) For repeat offenders, the amount of the penalty shall be double the amount for the
previous penalty, not to exceed $10,000.00 per violation or per day for any continuing
violation.
(3) In determining the amount of the penalty, the stormwater administrator or his or
her designee shall consider:
a. The degree and extent of harm to the environment, the public health, and
public and private property;
b. The cost of remedying the damage;
c. The duration of the violation;
d. Whether the violation was willful;
e. The prior record of the person responsible for the violation in complying or
failing to comply with this section;
f. The costs of enforcement to the public; and
g. The amount of money saved by the violator through his, her or its
noncompliance.
(4) The accrual of civil penalty will cease when:
a. The violator notifies the stormwater department, during regular business
hours, that the illicit discharge has been abated and requests a reinspection;
and
b. The stormwater administrator or his or her designee verifies the abatement.
(c) 1n addition to the per diem civil penalty, penalties for costs incurred by the stormwater
department during the investigation and restoration process shall be assessed based on costs
which include but are not limited to sampling, abatement, cleanup, and the stormwater
department's administrative costs.
(Ord. of 11-5-07(2), § 1)
Sec. 67-41. Enforcement of violations of illicit connections.
(a) Notice of violation.
(1) Whenever the stormwater department finds that any user of the MS4 is violating
this article by having and maintaining an illicit connection to the system, the stormwater
administrator, or his or her designee, shall serve upon such a person a notice of
6 of 12 1/5/2010 1:56 I'M

ARTICLE IL ILLICIT DISCHARGES AND CONNECTIONS http://libraryI.inunicode.com/default-test/DocView/12974/i/95/97
violation and direct the responsible party to:
a. Comply immediately;
b. Comply in accordance with a schedule set forth in the notice; or
c. Take appropriate remedial or preventative action in the event of a
continuing or threatening violation.
(2) No penalty shall be assessed until the person alleged to be in violation has been
served written notice of the violation by registered or certified mail, personal service,
posting of such notice on the property of the violator, or publication. The notice shall
describe the violation with reasonable particularity, specify a reasonable time period
within which the violation must be corrected, and warn that failure to correct the
violation within the time period will result in the assessment of a civil penalty and/or
other enforcement action. If, after the allotted time period has expired, the violator has
not completed corrective action, a civil penalty shall be assessed by the stormwater
administrator, or his or her designee, from the date of receipt of the notice of violation.
Refusal to accept the notice shall not relieve the violator of the obligation to pay such a
penalty.
(b) Civil penalties. Any person found with an illicit connection in violation of this article and
any designer, engineer, contractor, agent or any other person who allows, acts in concert,
participates, directs, or assists directly or indirectly in the establishment of an illicit connection
in violation of this section shall be subject to civil penalties as follows:
(1) First time offenders shall be subject to a civil penalty not to exceed $500.00 per
day of continuing violation.
(2) Repeat violators shall be subject to a civil penalty not to exceed $1000.00 per day
of continuing violation,
(3) In determining the amount of the penalty, the stormwater administrator or his or
her designee shall consider:
a. The degree and extent of harm to the environment, public health, and public
and private property;
b. The cost of remedying the damage;
c. The duration of the violation;
d. Whether the violation was willful;
e. The prior record of the person responsible for the violation in complying or
failing to comply with this section;
f. The costs of enforcement to the public; and
g. The amount of money saved by the violator through his, her, or its
noncompliance.
(4) The accrual of civil penalty will cease when:
a. The violator notifies the stormwater department, during regular business
hours, that the connection has been abated and requests a reinspection; and
b. The stormwater administrator or his or her designee verifies the abatement.
(c) In addition to the per diem civil penalty, penalties for costs incurred by the stormwater
department during the investigation and restoration process shall be assessed based on costs
which include but are not limited to sampling, abatement, cleanup, and the stormwater
7 of 12 1/5/2010 1:56 PM

ARTICLE 11. ILLICIT DISCHARGES AND CONNECTIONS
http://libraryI.municode.com/default-test/DocView/ 12974/ 1/95/97
department's administrative costs.
(Ord. of 11-5-07(2), § 1)
Sec. 67-42. Other violations.
Any person found in violation of other provisions of this article not specifically enumerated
elsewhere, shall be subject to a civil penalty no to exceed $100.00 per violation or per day for any
continuing violation.
(Ord. of 11-5-07(2), § 1)
Sec. 67-43. Payment and collection procedures.
Penalties shall be assessed by the stormwater administrator or his or her designee. No
penalty shall be assessed until the person alleged to be in violation is served written notice of the
violation by registered or certified mail, personal service, posting of such notice on the property of the
violator, or publication. Refusal to accept the notice of violation shall not relieve the violator of the
obligation to pay the penalty. The stormwater administrator or his or her designee shall make written
demand for payment upon the person in violation. If payment is not received or equitable settlement
reached within 30 days after demand for payment is made, the matter shall be referred to the town
attorney for institution of a civil action in the name of the town, in the appropriate division of the
general court of justice in Cumberland County for recovering the penalty.
(Ord. of 11-5-07(2), § 1)
Sec. 67-44. Criminal penalties.
Any person who knowingly or willfully violate any provision of this article shall be guilty of a
misdemeanor, punishable by a fine not to exceed $500.00 or imprisonment for not longer than 30
days. Each violation shall be a separate offense.
(Ord. of 11-5-07(2), § 1)
Sec.67-45. Appeal.
If any person, having received a notice of violation from the stormwater department desires to
appeal the findings and determinations, then, within ten days of receipt of notice of violation, a written
appeal shall be filed with the stormwater administrator. Said notice shall contain the name, address,
and telephone number of the appellant; the basis for appeal; and request to be heard by the town
manager. In the event the appeal is denied, the notice of violation shall be upheld.
(Ord. of 11-5-07(2), § 1)
Sec. 67-46. Abatement.
(a) If the violation has not been corrected pursuant to the requirements set forth in the notice
of violation, or in the event of an appeal, within ten days of the decision of the town manager
upholding the decision of the stormwater department, then representatives of the stormwater
8 of 12 1/5/2010 1:56 I'M

ARTICLE 11. ILLICIT DISCHARGES AND CONNECTIONS http://libraryI.municode.conVdefiult-test/DocView/12974/i/95/97
department shall enter upon the subject private property and are authorized to take any and all
measures necessary to abate the violation and/or restore the property. It shall be unlawful for
any person, owner, agent, or other person in possession of any premises to refuse to allow
the government agency or contractor to enter upon the premises for the purpose set forth
above.
(b) The actual cost of abatement incurred by the town including any administrative costs shall
be charged to the owner of such lot or parcel of land and due within 30 days of the receipt
thereof.
(c) If the cost of abatement is not paid, the Town of Hope Mills may pursue one of the
following alternatives:
(1) Initiate a civil action of recovery. The civil action of recovery shall be the nature of
an action to recover a debt and shall include as an additional sum to be recovered the
full costs of the action, including but not limited to filing, administrative fees, and
attorney's fees.
(2) Issue a lien. Issue a lien upon the land or premises where the public nuisance
existed. The lien shall be collected as unpaid taxes as provided in G.S. 160A-193, and
it shall be the duty of the tax collector to mail a statement of such charges to the owner
and other person in possession of such premises with instructions that such charges
are due and payable within 30 days of the receipt thereof.
(Ord. of 11-5-07(2), § 1)
Sec. 67-47. Nuisances prohibited, enumeration.
The following enumerated and described conditions are hereby found, deemed, and declared
to constitute detriment, danger, and hazard to the health, safety, and general welfare of the town and
are found, deemed, and declared to be public nuisances wherever the same may exist and the
creation, maintenance, and failure to abate any nuisances is hereby declared unlawful.
(1) Any condition which is a breeding ground or harbor for mosquitoes or a breeding
ground or harbor for rats or other pests; or
(2) Is an open place of collection of stagnant water where insects tend to breed; or
(3) Any concentration of building materials including concrete, steel or masonry which
are not suitable for building construction, alterations, or repairs, and which are in open
places; or
(4) Is any open place of collection of garbage, food waste, animal waste, or any other
rotten or petruscible matter of any kind; however nothing in this subsection shall be
construed to prevent the generally accepted use of a properly maintained compost pile
or storage of animal manure being used as fertilizer for lawns and gardens and for
other agricultural or horticultural purposes; or
(5) Any improper or inadequate drainage on private property which causes flooding,
interferes with the use of or endangers in anyway the streets, sidewalks, parks, or other
town property of any kind; provided the notices required and powered conferred by this
section by and on the stormwater department in abating the nuisances defined by this
subsection shall be given and exercised by the town manager; or
(6) Any condition which blocks, hinders, or obstructs in any way the natural flow of
streams, creeks, rivers, surface waters, ditches, or drains; or
9 of 12 1/5/2010 1:56 PM

ARTICLE 11. ILLICIT DISCHARGES AND CONNECTIONS http://library1.municode.coildefault-test/I)ocView/12974/l/95/97
(7) Any collection of water for which no natural drainage is provided and which is or is
likely to become a nuisance and a menace to health; or
(8) Any stormwater detention, impoundment device, or best management practice
which is operating improperly; or
(9) Any condition specifically declared to be a danger to the public health that violates
the rules and regulations of the county health department.
(Ord. of 11-5-07(2), § 1)
Sec. 67-48. Complaint, investigation of public nuisance.
The stormwater administrator or his or her designee, upon receiving notice from any person
that any of the conditions described in section 67-47 exist, shall perform an investigation; the objective
of the investigation shall be to determine whether in fact a public nuisance exists as defined in section
67-47.
(Ord. of 11-5-07(2), § 1)
Sec. 67-49. Enforcement of violations of public nuisances.
(a) Notice of violation.
(1) Whenever the stormwater department finds that any user of the MS4 is violating
the public nuisance provisions of this article, the stormwater administrator, or his or her
designee, shall serve upon such a person a notice of violation and direct the
responsible party to:
a. Comply immediately;
b. Comply in accordance with a schedule set forth in the notice; or
c. Take appropriate remedial or preventative action in the event of a
continuing or threatening violation.
(2) No penalty shall be assessed until the person alleged to be in violation has been
served written notice of the violation by registered or certified mail, personal service,
posting of the notice on the property of the violator, or publication. The notice shall
describe the violation with reasonable particularity, specify a reasonable time period
within which the violation must be corrected, and warn that failure to correct the
violation within the time period will result in the assessment of a civil penalty and/or
other enforcement action. If, after the allotted time period has expired, the violator has
not completed corrective action, a civil penalty shall be assessed by the stormwater
administrator, or his or her designee, from the date of receipt of the notice of violation.
Refusal to accept the notice shall not relieve the violator of the obligation to pay such a
penalty.
(3) Civil penalties. If the nuisance is not abated within ten days of the receipt of the
notice of violation, a civil penalty shall be applied; the civil penalty shall commence 11
days after the notice of violation is received. The standard civil penalty shall be
$100.00 per day per violation. The accrual of civil penalty will cease when:
a. The violator notifies the stormwater department, during regular business
hours, that the nuisance has been abated and requests a reinspection; and
10 or 12 1/5/2010 1:56 PM

ARTICLE II. ILLICIT DISCHARGES AND CONNECTIONS http://Iibraryl.municode.com/default-test/DocView/12974/l/95/97
b. The stormwater administrator or his or her designee verifies the abatement.
(Ord. of 11-5-07(2), § 1)
Sec. 67-50. Abatement by the town.
(a) If any person who has been ordered to abate such a public nuisance fails, neglects or
refuses to do so within ten days from the commencement of the civil penalty period, and has
not filed a timely appeal, the stormwater administrator may abate, remove, or otherwise
remedy the situation. The town manager shall direct the use of town employees or contracted
labor to go upon the premises to abate the public nuisance. The actual cost incurred by the
town including any cost to reseed areas which were formally a nuisance shall be charged to the
owner of such lot or parcel of land and due within 30 days of the receipt thereof.
(b) If the civil penalty cost of the abatement is not paid, the Town of Hope Mills may pursue
one or more of the following alternatives:
(1) Initiate a civil action of recovery. The civil action of recovery shall be the nature of
an action to recover a debt and shall include as an additional sum to be recovered the
full costs of the action, including, but not limited to, filing, administrative fees, and
attorney's fees.
(2) Issue a lien. Issue a lien upon the land or premises where the public nuisance
existed. The lien shall be collected as unpaid taxes, as provided in G.S. 160A-193, and
it shall be the duty of the tax collector to mail a statement of such charges to the owner
and other person in possession of such premises with instructions that such charges
are due and payable within 30 days from the receipt thereof.
(Ord. of 11-5-07(2), § 1)
Sec.67-51. Appeal.
If any person having received a notice of violation from the stormwater administrator or his or
her designee desires to appeal the findings and determinations thereof, then before the expiration of
ten days from receipt of the notice of violation, a written appeal must be filed with the stormwater
administrator. Said notice shall contain the name, address, and telephone number of the appellant; the
basis for appeal; and a request to be heard before the town manager. In the event the appeal is
denied, the notice of violation shall be upheld. Any unexpired portion of the ten-day notice of violation
notice period shall resume the day following the denial of the appeal, and shall continue until the
nuisance is abated.
(Ord. of 11-5-07(2), § 1)
Sec. 67-52. Procedure is alternative to other authorized procedures.
The procedures set forth in this article shall be in addition to any other remedies that may now
or hereafter exist under law for abatement of public nuisances, and this article shall not prevent the
town from preceeding in a criminal action against any person, firm, or corporation violating the
provision of this article as provided in G.S. 14-4.
(Ord. of 11-5-07(2), § 1)
I I of 12 1/5/2010 1:56 I'M

ARTICLE 11. ILLICIT DISCHARGES AND CONNECTIONS http://Iibraryl.munirode,com/default-test/DOcView/12974/i/95/97
Secs.67-53--67-69. Reserved.
12 of 12 1/5/2010 1:56 PM

ARTICLE 111. PHASE II STORMWATER POST-CONSTRUCT[ON http://Iibraryi.municode.com/default-test/DocView/12974/1/95/98
ARTICLE III. PHASE II STORMWATER POST -CONSTRUCTION
Sec.67-70. Title.
This article shall be officially known as "The Phase II Stormwater Post -Construction Article of
the Stormwater Management Ordinance." It is referred to herein as "this article."
(Ord. of 1-22-08, § 1)
Sec.67-71. Authority.
The town board of commissioners is authorized to adopt this article pursuant to North
Carolina law, including but not limited to Article 14, Section 5 of the Constitution of North Carolina;
G.S. 143-214.7 and rules promulgated by the environmental management commission thereunder,
Session Law 2004-163; Chapter 160A, §§ 174, 185.
(Ord. of 1-22-08, § 1)
Sec.67-72. Findings.
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 waterborne pollutants
and alterations in hydrology that are harmful to public health and safety as well as to the natural
environment; and
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 It
requirements, compel certain urbanized areas, including the Town of Hope Mills, to adopt
minimum stormwater management controls such as those included in this article.
Therefore, the board of commissioners establishes this set of water quality and quantity
regulations to meet the requirements of state and federal law regarding control of stormwater
runoff and discharge.
(Ord. of 1-22-08, § 1)
Sec.67-73. Purpose.
(a) General. The purpose of this article is to protect, maintain and enhance the public health,
1 of 21 1/5/2010 l :56 PM

ARTICLE Ill. PHASE Il STORMWATER POST -CONSTRUCTION http://Iibraryl.mLmicode.comldefault-test/DocView/12974/l/95/98
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.
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.
(b) Specific. This article seeks to meet its general purpose through the following specific
objectives and means:
(1) Establishing decision -making processes for development that protect the integrity
of watersheds and preserve the health of water resources;
(2) Requiring that new development and redevelopment maintain the predevelopment
hydrologic response in their post -development state as nearly as practicable for the
applicable design storm to reduce flooding, streambank erosion, nonpoint and point
source pollution and increases in stream temperature, and to maintain the integrity of
stream channels and aquatic habitats;
(3) Establishing minimum post -development stormwater management standards and
design criteria for the regulation and control of stormwater runoff quantity and quality;
(4) Establishing design and review criteria for the construction, function, and use of
structural stormwater BMPs that may be used to meet the minimum post -development
stormwater management standards;
(5) Encouraging the use of better management and site design practices, such as the
use of vegetated conveyances for stormwater and the preservation of green space,
riparian buffers and other conservation areas to the maximum extent practicable;
(6) Establishing provisions for the long-term responsibility for and maintenance of
structural and nonstructural stormwater BMPs to ensure that they continue to function
as designed, are maintained appropriately, and pose no threat to public safety;
(7) Establishing administrative procedures for the submission, review, approval and
disapproval of stormwater management plans, for the inspection of approved projects,
and to assure appropriate long-term maintenance.
(Ord. of 1-22-08, § 1)
Sec. 67-74. Applicability and jurisdiction.
(a) General. Beginning with and subsequent to its effective date, this article shall be
applicable to all development and redevelopment, including, but not limited to, site plan
applications, subdivision applications, and grading applications, unless exempt pursuant to
subsection (b) of this section, exemptions.
(b) Exemptions.
(1) Development that cumulatively disturbs less than one acre and is not part of a
larger common plan of development or sale is exempt from the provisions of this
article.
(2) Redevelopment that cumulatively disturbs less than one acre and is not part of a
larger common plan of development or sale is exempt from the provisions of this
article.
2 of21 1/5/2010 1:56 PM

ARTICLE III. PHASE 11 STORMWATER POST -CONSTRUCTION http://]ibrary1.municode.conVdefault-test/DoeView/12974/t/95/98
(3) Development and redevelopment that disturb less than 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.
(4) Activities that are exempt from permit requirements of Section 404 of the Federal
Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming and forestry
activities) are exempt from the provisions of this article.
(c) No development or redevelopment until compliance and permit issued. No development
or redevelopment shall occur except in compliance with the provisions of this article or unless
exempted. No development for which a permit is required pursuant to this article shall occur
except in compliance with the provisions, conditions, and limitations of the permit.
(d) Map. The provisions of this article shall apply within the areas designated on the map
titled "Phase II Stormwater Map of The Town of Hope Mills, North Carolina" ("the stormwater
map"), which is adopted simultaneously herewith. The stormwater map and all explanatory
matter contained thereon accompanies and is hereby made a part of this article. The
stormwater map shall be kept on file by the stormwater administrator and shall be updated to
take into account changes in the land area covered by this article and the geographic location
of all structural BMPs permitted under this article. In the event of a dispute, the applicability of
this article to a particular area of land or BMP shall be determined by reference to the North
Carolina Statutes, the North Carolina Administrative Code, and local zoning ordinances.
(Ord. of 1-22-08, § 1)
Sec. 67-75. Interpretation.
(a) Meaning and intent. All provisions, terms, phrases, and expressions contained in this
article shall be construed according to the general and specific purposes set forth in section
67-73, purpose. If a different or more specific meaning is given for a term defined elsewhere
in The Code of Ordinances, Town of Hope Mills, North Carolina, the meaning and application
of the term in this article shall control for purposes of application of this article.
(b) Text controls in event of conflict. In the event of a conflict or inconsistency between the
text of this article and any heading, caption, figure, illustration, table, or map, the text shall
control.
(c) Authority for interpretation. The stormwater administrator has authority to determine the
interpretation of this article. Any person may request an interpretation by submitting a written
request to the stormwater administrator, who shall respond in writing within 30 days. The
stormwater administrator shall keep on file a record of all written interpretations of this article.
(d) References to statutes, regulations, and documents. Whenever reference is made to a
resolution, ordinance, statute, regulation, manual (including the design manual), or document, it
shall be construed as a reference to the most recent edition of such that has been finalized
and published with due provision for notice and comment, unless otherwise specifically stated.
(e) Delegation of authority. Any act authorized by this article to be carried out by the
stormwater administrator of the Town of Hope Mills may be carried out by his or her
designee.
(Ord. of 1-22-08, § 1)
3 of 21 1/5/2010 1:56 I'M

ARTICLE 111, PHASE II STORMWATER POST -CONSTRUCTION http://IibraryI.municode.com/default-test/DocView/12974/1/95/98
Sec. 67-76. Design manual.
(a) Reference to design manual. The stormwater administrator shall use the policy, criteria,
and information, including technical specifications and standards, in the design manual as the
basis for decisions about stormwater permits and about the design, implementation and
performance of structural and nonstructural stormwater BMPs.
The design manual includes a list of acceptable stormwater treatment practices, including
specific design criteria for each stormwater practice. Stormwater treatment practices that are
designed, constructed, and maintained in accordance with these design and sizing criteria will be
presumed to meet the minimum water quality performance standards of the Phase II laws.
(b) Relationship of design manual to other laws and regulations. If the specifications or
guidelines of the design manual conflict with any existing laws or regulations, the more
restrictive provisions shall apply.
(c) Changes to standards and specifications. If the standards, specifications, guidelines,
policies, criteria, or other information in the design manual are amended subsequent to the
submittal of an application for approval pursuant to this article, but prior to approval, the new
information shall control and shall be utilized in reviewing the application and in implementing
this article with regard to the application.
(Ord. of 1-22-08, § 1)
Sec. 67-77. Relationship to other laws, regulations, and private agreements.
(a) Conflict of laws. This article is not intended to modify or repeal any other ordinance, rule,
regulation or other provision of law. The requirements of this article are in addition to the
requirements of any other ordinance, rule, regulation or other provision of law. Where any
provision of this article 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.
(b) Private agreements. This article is not intended to revoke or repeal any easement,
covenant, or other private agreement. However, where the regulations of this article are more
restrictive or impose higher standards or requirements than such an easement, covenant, or
other private agreement, the requirements of this article shall govern. Nothing in this article
shall modify or repeal any private covenant or deed restriction, but such covenant or restriction
shall not legitimize any failure to comply with this article. In no case shall The Town of Hope
Mills be obligated to enforce the provisions of any easements, covenants, or agreements
between private parties.
(Ord. of 1-22-08, § 1)
Sec.67-78. Severability.
If the provisions of any section, subsection, paragraph, subdivision or clause of this article
shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or
invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this article.
(Ord. of 1-22-08, § 1)
4 of 21 1/5/2010 1:56 PM

ARTICLE M. PHASE [I STORMWATI R POST -CONSTRUCTION http://IibraryI.municode,con/default-test/DocView/12974/l/95/98
Sec.67-79. Definitions.
When used in this article, the following words and terms shall have the meaning set forth in this
section, unless other provisions of this article specifically indicate otherwise:
Built -upon area (BUA) means that portion of a development project that is covered by
impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel
areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts.
"Built -upon area" does not include a wooden slatted deck, the water area of a swimming pool, or
pervious or partially pervious paving material to the extent that the paving material absorbs water or
allows water to infiltrate through the paving material.
Department means the North Carolina Department of Environment and Natural Resources.
Design manual means the stormwater design manual approved for use in Phase II
jurisdictions by the department for the proper implementation of the requirements of the federal Phase
II stormwater program. All references herein to the design manual are to the latest published edition or
revision.
Development means any land -disturbing activity which adds to or changes the amount of
impervious or partially pervious cover on a land area or which otherwise decreases the infiltration of
precipitation into the soil, other than rebuilding activity that does not qualify as redevelopment.
Division means the division of water quality in the department.
High -density project means any project that exceeds the low -density threshold for dwelling
units per acre and built -upon area.
Larger common plan of development or sale means any area where multiple separate and
distinct construction or land -disturbing activities will occur under one plan. A plan is any announcement
or piece of documentation (including but not limited to a sign, public notice or hearing, sales pitch,
advertisement, loan application, drawing, permit application, zoning request, or computer design) or
physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings)
indicating that construction activities may occur on a specific plot.
Low -density project means a project that has no more than two dwelling units per acre or 24
percent built -upon area (BUA) for all residential and nonresidential development.
One-year, 24-hour storm means the surface runoff resulting from a 24-hour rainfall of an
intensity expected to be equaled or exceeded, on average, once in 12 months and with a duration of
24 hours.
Owner means the legal or beneficial owner of land, including but not limited to a mortgagee or
vendee in possession, receiver, executor, trustee, or long-term or commercial lessee, or any other
person or entity holding proprietary rights in the property or having legal power of management and
control of the property. "Owner' shall include long-term commercial tenants; management entities,
such as those charged with or engaged in the management of properties for profit; and every person
or entity having joint ownership of the property. A secured lender not in possession of the property
does not constitute an owner, unless the secured lender is included within the meaning of "owner"
under another description in this definition, such as a management entity.
Redevelopment means any rebuilding activity other than a rebuilding activity that results in no
net increase in built -upon area and provides equal or greater stormwater control than the previous
development.
Seasonal high-water table means the upper surface of groundwater. This level may fluctuate
throughout the year depending on soil, landscape, and weather conditions.
5 of21 1/5/2010 1:56 PM

ARTICLE Ill. PHASE 11 STORMWATER POST -CONSTRUCTION http://Iibrary1.municode.con/default-tesdl)ocView/12974/l/95/98
Structural BMP means a physical device designed to trap, settle out, or filter pollutants from
stormwater runoff; to alter or reduce stormwater runoff velocity, amount, timing, or other
characteristics; to approximate the predevelopment hydrology on a developed site; or to achieve any
combination of these goals. Structural BMP includes physical practices such as constructed wetlands,
vegetative practices, filter strips, grassed swales, and other methods installed or created on real
property. "Structural BMP" is synonymous with "structural practice", "stormwater control facility,"
"stormwater control practice," "stormwater treatment practice," "stormwater management practice,"
"stormwater control measures," "structural stormwater treatment systems," and similar terms used in
this article.
Substantial progress means for the purposes of determining whether sufficient progress has
been made on an approved plan, one or more of the following construction activities toward the
completion of a site or subdivision plan shall occur: Conducting grading activity on a continuous basis
and not discontinued for more than 30 days; or installation and approval of on -site infrastructure; or
obtaining a building permit for the construction and approval of a building foundation. "Substantial
progress" for purposes of determining whether an approved plan is null and void is not necessarily the
same as "substantial expenditures" used for determining vested rights pursuant to applicable law.
Total suspended solids means a measure of the suspended solids in wastewater, effluent or
water bodies.
Town means the Town of Hope Mills, North Carolina.
(Ord. of 1-22-08, § 1)
Sec. 67-80. Effective date and transitional provisions.
(a) This article shall take effect on January 22, 2008.
(b) Final approvals, complete applications. All development and redevelopment projects for
which complete and full applications were submitted and approved by the Town of Hope Mills
prior to the effective date of this article and which remain valid, unexpired, unrevoked and not
otherwise terminated at the time of development or redevelopment shall be exempt from
complying with all provisions of this article dealing with the control and/or management of
post -construction runoff, but shall be required to comply with all other applicable provisions.
A phased development plan shall be deemed approved prior to the effective date of this article
if it has been approved by all necessary government units, it remains valid, unexpired, unrevoked and
not otherwise terminated, and it shows:
(1) For the initial or first phase of development, the type and intensity of use for a
specific parcel or parcels, including at a minimum, the boundaries of the project and a
subdivision plan that has been approved.
(2) For any subsequent phase of development, sufficient detail so that implementation
of the requirements of this article to that phase of development would require a
material change in that phase of the plan.
(c) Violations continue. Any violation of the provisions existing on the effective date of this
article shall continue to be a violation under this article and be subject to penalties and
enforcement under this article unless the use, development, construction, or other activity
complies with the provisions of this article.
(Ord. of 1-22-08, § 1)
6 of21 1/5/2010 1:56 PM

ARTICLE III. PHASE 11 STORMWATER POST-CONSTRUC'I'10N http://Iibraryl.inunicode.con/deFault-test/DocView/12974/1/95/98
Sec. 67-81. Review and decision -making entities.
(a) Stormwater administrator. A stormwater administrator shall be designated by the town
manager to administer and enforce this article.
(b) Powers and duties. In addition to the powers and duties that may be conferred by other
provisions of the Code of Ordinances, Town of Hope Mills, North Carolina and other laws, the
stormwater administrator shall have the following powers and duties under this article:
(1) To review and approve, approve with conditions, or disapprove applications for
approval of plans pursuant to this article.
(2) To make determinations and render interpretations of this article.
(3) To establish application requirements and schedules for submittal and review of
applications and appeals, to review and make recommendations to the town board of
commissioners on applications for development or redevelopment approvals.
(4) To enforce the provisions of this article in accordance with its enforcement
provisions.
(5) To maintain records, maps, forms and other official materials as relate to the
adoption, amendment, enforcement, and administration of this article.
(6) To provide expertise and technical assistance to the town board of
commissioners, upon request.
(7) To designate appropriate other person(s) who shall carry out the powers and
duties of the stormwater administrator.
(8) To take any other action necessary to administer the provisions of this article.
(Ord. of 1-22-08, § 1)
Sec. 67-82. Review procedures.
(a) Permit required. Must apply for permit. A stormwater permit is required for all
development and redevelopment unless exempt pursuant to this article. A permit may only be
issued subsequent to a properly submitted and reviewed permit application, pursuant to this
article.
(b) Effect of permit. A stormwater permit shall govern the design, installation, and
construction of stormwater management and control practices on the site, including structural
BM Ps and elements of site design for stormwater 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 article, 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 article.
(c) Authority to file applications. All applications required pursuant to this Code shall be
submitted to the stormwater administrator by the landowner or the landowner's duly authorized
agent.
(Ord. of 1-22-08, § 1)
7 of 21 1/5/2010 1:56 PM

ARTICLE III. PHASE 1l STORMWA'ITER POST -CONSTRUCTION http://Iibraryl.municodc.com/default-test/DocView/12974/i/95/98
Sec. 67-83. Establishment of application requirements, schedule, and fees.
(a) Application contents and form. The stormwater administrator shall establish requirements
for the content and form of all applications and shall amend and update those requirements
from time to time. 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 article.
(b) Submission schedule. The stormwater administrator shall establish a submission
schedule and submittal checklist for applications.
which complete applications must be submitted
adequate time to review applications and that the
accommodated.
The schedule shall establish deadlines by
for the purpose of ensuring that there is
various stages in the review process are
(c) Permit review fees. The town board of commissioners shall establish permit review fees
as well as policies regarding refund of any fees upon withdrawal of an application, and may
amend and update the fees and policies from time to time.
(d) Administrative manual. For applications required under this Code, the stormwater
administrator shall compile the application requirements, submission schedule, fee schedule, a
copy of this article, and information on how and where to obtain the design manual in the Town
of Hope Mills Administrative Manual for the implementation of Phase II Post -Construction,
which shall be made available to the public.
(e) Submittal of completed application. 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 section.
An application shall be considered as timely submitted only when it contains all elements of a
complete application pursuant to this article, 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.
(f) Review. Within 30 working days after a complete application is submitted, the stormwater
administrator shall review the application and determine whether the application complies with
the standards of this article.
(1) Approval. If the stormwater administrator finds that the application complies with
the standards of this article, the stormwater administrator shall approve the application.
The stormwater administrator may impose conditions of approval as needed to ensure
compliance with this article. The conditions shall be included as part of the approval.
(2) Fails to comply. If the stormwater administrator finds that the application fails to
comply with the standards of this article, 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.
(3) Revision and subsequent review. A complete revised application shall be
reviewed by the stormwater administrator within 30 working days after its re -submittal
and shall be approved, approved with conditions or disapproved.
If a revised application is not resubmitted within 180 calendar days from the date the
applicant was notified, the application shall be considered withdrawn, and a new
8 of 21 1/5/2010 1:56 PM

ARTICLE III, PHASE 11 STORMWATER POST -CONSTRUCTION http://Iibraryl.municode.corn/default-lest/DoeView/12974/l/95/98
submittal for the same or substantially the same project shall be required along with the
appropriate fee for a new submittal.
(Ord. of 1-22-08, § 1)
Sec. 67-84. Applications for approval.
(a) Concept plan and consultation meeting. Before a stormwater management permit
application is deemed complete, the stormwater administrator or developer may request a
consultation on a concept plan for the post -construction stormwater management system to
be utilized in the proposed development project. This consultation meeting should take place
at the time of submission for preliminary plan approval 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. Relevant resource protection plans
should be consulted in the discussion of the concept plan.
To accomplish this goal, the following information should be included in the concept plan,
which should be submitted in advance of the meeting-
(1) Existing conditions/proposed site plans. Existing conditions and proposed site
layout sketch plans, which illustrate at a minimum: existing and proposed topography;
perennial and intermittent streams; mapping of predominant soils from soil surveys (if
available); boundaries of existing predominant vegetation; proposed limits of clearing
and grading; and location of existing and proposed roads, buildings, parking areas and
other impervious surfaces.
(2) Natural resources inventory. A written or graphic inventory of natural resources at
the site and surrounding area as it exists prior to the commencement of the project.
This description should include a discussion of soil conditions, forest cover, geologic
features, topography, wetlands, and native vegetative areas on the site, as well as the
location and boundaries of other natural feature protection and conservation areas
such as lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking
water well setbacks, septic setbacks, etc.). Particular attention should be paid to
environmentally sensitive features that provide particular opportunities or constraints
for development and stormwater management.
(3) Stormwater management system concept plan. A written or graphic concept plan
of the proposed post -development stormwater management system including:
preliminary selection and location of proposed structural stormwater controls;
low -impact design elements; location of existing and proposed conveyance systems
such as grass channels, swales, and storm drains; flow paths; location of
floodplainlfloodway limits; relationship of site to upstream and downstream properties
and drainages; and preliminary location of any proposed stream channel modifications,
such as bridge or culvert crossings.
(b) Stormwater management permit application. The stormwater management permit
application shall detail how post -development stormwater runoff will be controlled and
managed and how the proposed project will meet the requirements of this article. All such
plans shall be prepared by a qualified registered North Carolina professional engineer,
surveyor, soil scientist or landscape architect, and the engineer, surveyor, soil scientist 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
9 of'21 1/5/2010 1:56 PM

ARTICLE Ili. PHASE II STORMWATER POST -CONSTRUCTION http://IibraryLmunicode.corWdefault-test/Doc View/ 12974/1/95/98
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 this article.
The submittal shall include all of the information required in the submittal checklist established
by the stormwater administrator. incomplete submittals shall be treated pursuant to section 67-83.
(c) As -built plans and final approval. 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 facilities or practices after final
construction is completed.
The 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 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 article. A final
inspection and approval by the stormwater administrator shall occur before the release of any
performance securities as required in section 67-95.
(d) Other permits. No certificate of compliance or occupancy shall be issued by the town
inspections department without final as -built plans and a final inspection and approval by the
stormwater administrator, except where multiple units are served by the stormwater practice or
facilities, in which case town inspections department may elect to withhold a percentage of
permits or certificates of occupancy until as -built plans are submitted and final inspection and
approval has occurred.
(Ord. of 1-22-08, § 1)
Sec.67-85. Approvals.
(a) Effects of approval. Approval authorizes the applicant to go forward with only the specific
plans and activities authorized in the permit. The approval shall not be construed to exempt the
applicant from obtaining other applicable approvals from local, state, and federal authorities.
(b) Time limibexpiration. An approved plan shall become null and void if the applicant has
failed to make substantial progress on the site within two years after the date of approval of
the stormwater management permit application. The stormwater administrator may grant a
single, one-year extension of this time limit, for good cause shown, upon receiving a written
request from the applicant before the expiration of the approved plan.
In granting an extension, the stormwater administrator may require compliance with standards
adopted since the original application was submitted unless there has been substantial reliance on the
original permit and the change in standards would infringe the applicant's vested rights.
(Ord. of 1-22-08, § 1)
Sec. 67-86. Appeals.
Any aggrieved person affected by any decision, order, requirement, or determination relating
to the interpretation or application of this article made by the stormwater administrator, may file an
appeal to the board of adjustment within 30 days of the order, decision, determination or interpretation
made or rendered by the storm water administrator in the enforcement of this article.
10 of21 1/5/2010 1:56 PM

ARTICLE 111, PHASE II S`I'ORMWATER POST -CONSTRUCTION http://Iibraryl.inunicode.cony/default-test/DocView/12974/l/95/98
(Ord. of 1-22-08, § 1)
Sec. 67-87. Development standards for low -density projects.
Low density projects shall comply with each of the following standards:
(1) Stormwater runoff from thedevelopment shall be transported from the
development by vegetated conveyances to the maximum extent practicable.
(2) All built -upon areas 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 surface waters are not present in accordance with the provisions of 15A NCAC
2B .0233 (3)(a) or similar site -specific determination made using division -approved
methodology.
(3) The approval of the stormwater permit shall require an enforceable restriction on
property usage that runs with the land, such as a recorded deed restriction or
protective covenants, to ensure that future development and redevelopment maintains
the site consistent with the approved project plans.
(Ord. of 1-22-08, § 1)
Sec. 67-88. Development standards for high -density projects.
High -density projects shall implement stormwater control measures that comply with each of
the following standards:
(1) The measures shall control and treat runoff from the first one inch of rain. Runoff
volume drawdown time shall be a minimum of 48 hours, but not more than 120 hours.
Stormwater control measures must discharge the storage volume at a rate equal to or
less than the predevelopment discharge rate for the one-year, 24-hour storm;
(2) All structural stormwater treatment systems used to meet these requirements shall
be designed to have a minimum of 85 percent average annual removal for total
suspended solids (TSS);
(3) General engineering design criteria for all projects shall be in accordance with 15A
NCAC 2H .1008(c), as explained in the design manual;
(4) All built -upon areas shall be at a minimum of 30 feet landward of all perennial and
intermittent surface waters. A 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 surface waters
are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a) or
similar site -specific determination made using division -approved methodology.
(5) The approval of the stormwater permit shall require an enforceable restriction on
l I ot'21 1/5/2010 1:56 PM

ARTICLE Ill. PHASE II STORMWATER POST -CONSTRUCTION http://IibraryI.municode.com/defau]t-tCSt/DocView/12974/t/95/98
property usage that runs with the land, such as recorded deed restrictions or protective
covenants, to ensure that future development and redevelopment maintains the site
consistent with the approved project plans.
(Ord. of 1-22-08, § 1)
Sec. 67-89. Standards for stormwater control measures.
(a) Evaluation according to contents of design manual. All stormwater control measures and
stormwater treatment practices (also referred to as best management practices, or BMPs)
required under this article shall be evaluated by the stormwater administrator according to the
policies, criteria, and information, including technical specifications and standards and the
specific design criteria for each stormwater practice in the design manual. The stormwater
administrator shall determine whether proposed BMPs will be adequate to meet the
requirements of this article.
(b) Determination of adequacy; presumptions and alternatives. Stormwater treatment
practices that are designed, constructed, and maintained in accordance with the criteria and
specifications in the design manual will be presumed to meet the minimum water quality and
quantity performance standards of this article. Whenever an applicant proposes to utilize a
practice or practices not designed and constructed in accordance with the criteria and
specifications in the design manual, the applicant shall have the burden of demonstrating that
the practice(s) will satisfy the minimum water quality and quantity performance standards of
this article. The stormwater administrator may require the applicant to provide the
documentation, calculations, and examples necessary for the stormwater administrator to
determine whether such an affirmative showing is made.
(c) Separation from a seasonal high-water table. For BMPs that require a separation from
the seasonal high-water table, the separation shall be provided by at least 12 inches of
naturally occurring soil above the seasonal high-water table.
(Ord. of 1-22-08, § 1)
Sec. 67-90. Dedication of BMPs, facilities, and improvements.
The town may accept dedication of any existing or future stormwater management facility for
maintenance, provided such facility meets all the requirements of this article and includes adequate
and perpetual access and sufficient area, by easement or otherwise, for inspection and regular
maintenance.
(Ord. of 1-22-08, § 1)
Sec.67-91. Variances.
(a) Any person may petition the board of adjustment for a variance granting permission to
use the person's land in a manner otherwise prohibited by this article. To qualify for a variance,
the petitioner must show all of the following:
(1) Unnecessary hardships would result from strict application of this article.
(2) The hardships result from conditions that are peculiar to the property, such as the
location, size, or topography of the property.
12 of21 1/5/2010 1:56 PM

ARTICLE 111. PHASE 11 STORMWATER POST -CONSTRUCTION http://IibraryLmunicode.com/default-testlDocView112974/1/95/98
(3) The hardships did not result from actions taken by the petitioner.
(4) The requested variance is consistent with the spirit, purpose, and intent of this
article; will secure public safety and welfare; and will preserve substantial justice.
(b) The board may impose reasonable and appropriate conditions and safeguards upon any
variance it grants.
(c) Statutory exceptions. Notwithstanding subsection (a) of this section, exceptions from the
30-foot landward location of built -upon area requirement as well as the deed restrictions and
protective covenant requirements shall be granted by the stormwater administrator in any of
the following instances:
(1) 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.
(2) When there is a lack of practical alternatives for a stormwater management
facility; a stormwater management pond; or a utility, including, but not limited to, water,
sewer, or gas construction and maintenance corridor, as long as it is located 15 feet
landward of all perennial and intermittent surface waters and 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.
(Ord. of 1-22-08, § 1)
Sec. 67-92. General standards for maintenance.
(a) Function of BMPs as intended. The owner of each structural BMP installed pursuant to
this article shall maintain and operate it so as to preserve and continue its function in
controlling stormwater quality and quantity at the degree or amount of function for which the
structural BMP was designed.
(b) Annual maintenance and inspection report. The person responsible for maintenance of
any structural BMP installed pursuant to this article 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, surveyor,
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:
(1) The name and address of the landowner;
(2) The recorded book and page number of the lot of each structural BMP;
(3) A statement that an inspection was made of all structural BMPs;
(4) The date the inspection was made;
(5) 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 article; and
13 of2l 1/5/2010 1:56 I'M

ARTICLE III. PHASE 11 STORMWATER POST -CONSTRUCTION http://Iibraryl.municode.corn/default-test/DocView/12974/l/95/98
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 calendar
year from the date of as -built certification and each calendar year thereafter on or before the
date of the as -built certification.
(Ord. of 1-22-08, § 1)
Sec. 67-93. Operation and maintenance agreement.
(a) In general.
(1) Prior to the conveyance or transfer of any lot or building site to be served by a
structural BMP pursuant to this article, and prior to issuance of any permit for
development or redevelopment requiring a structural BMP pursuant to this article, 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 BMP. 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.
(2) 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 to the Town of Hope Mills 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 Hope Mills to assume
responsibility for the structural BMP.
(3) The operation and maintenance agreement must be approved by the stormwater
administrator prior to stormwater management permit 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 within 14 days following its recordation.
(b) Special requirement for Homeowners' and other associations. For all structural BMPs
required pursuant to this article and that are to be or are owned and maintained by a
homeowners' association, property owners' association, or similar entity, the required
operation and maintenance agreement shall include all of the following provisions:
(1) Acknowledgment that the association shall continuously operate and maintain the
stormwater control and management facilities.
(2) Establishment of an escrow account, which can be spent solely for sediment
removal, structural, biological or vegetative replacement, major repair, or
reconstruction of the structural BMPs. If structural BMPs are not performing
adequately or as intended or are not properly maintained, the town in its sole
discretion, may remedy the situation, and in such instances the town shall be fully
reimbursed from the escrow account. Escrowed funds may be spent by the
association for sediment removal, structural, biological or vegetative replacement,
major repair, and reconstruction of the structural BMPs, provided that town shall first
consent to the expenditure.
(3) Both developer contribution and annual sinking funds shall fund the escrow
account. Prior to plat recordation or issuance of construction permits, whichever shall
14 of 21 1/5/2010 1:56 PM

ARTICLE Ill. PHASE 11 STORMWATER POST -CONSTRUCTION http://Iibraryl.municode.conVdefault-test/DocView/12974/1/95/98
first occur, the developer shall pay into the escrow account an amount equal to 15
percent of the initial construction cost of the structural BMPs. Two-thirds of the total
amount of sinking fund budget shall be deposited into the escrow account within the
first five years and the full amount shall be deposited within ten years following initial
construction of the structural BMPs. Funds shall be deposited each year into the
escrow account. A portion of the annual assessments of the association shall include
an allocation into the escrow account. Any funds drawn down from the escrow account
shall be replaced in accordance with the schedule of anticipated work used to create
the sinking fund budget.
(4) The percent of developer contribution and lengths of time to fund the escrow
account may be varied by the town depending on the design and materials of the
stormwater control and management facility.
(5) Granting to the town a right of entry to inspect, monitor, maintain, repair, and
reconstruct structural BMPs.
(6) Allowing the town to recover from the association and its members any and all
costs the town expends to maintain or repair the structural BMPs or to correct any
operational deficiencies. Failure to pay the town all of its expended costs, after 30
days written notice, shall constitute a breach of the agreement. In case of a deficiency,
the town shall thereafter be entitled to bring an action against the association and its
members to pay, or foreclose upon the lien hereby authorized by the agreement
against the property, or both. Interest, collection costs, and attorney's fees shall be
added to the recovery.
(7) A statement that this agreement shall not obligate the town to maintain or repair
any structural BMPs, and the town shall not be liable to any person for the condition or
operation of structural BMPs.
(8) A statement that this agreement shall not in any way diminish, limit, or restrict the
right of the town to enforce any of its ordinances as authorized by law.
(9) A provision indemnifying and holding harmless the town for any costs and injuries
arising from or related to the structural BMP, unless the town has agreed in writing to
assume the maintenance responsibility for the BMP and has accepted dedication of
any and all rights necessary to carry out that maintenance.
(Ord. of 1-22-08, § 1)
Sec. 67-94. Inspection program.
(a) Inspections and inspection programs by the town may be conducted or established on
any reasonable basis, including but not limited to routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations; and joint inspections
with other agencies inspecting under environmental or safety laws. Inspections may include,
but are not limited to, reviewing maintenance and repair records; sampling discharges, surface
water, groundwater, and material or water in BMPs; and evaluating the condition of BMPs.
(b) If the owner or occupant of any property refuses to permit such inspection, the
stormwater administrator shall proceed to obtain an administrative search warrant pursuant to
G.S. 15-27.2 or its successor. No person shall obstruct, hamper or interfere with the
stormwater administrator while carrying out his or her official duties.
(Ord. of 1-22-08, § 1)
15 of21 1/5/2010 1:56 I'M

ARTICLE 111, PHASE I STORMWATER POST -CONSTRUCTION http://Iibrary1.municode.corn)default-test/DocVicw/12974/[/95/98
Sec. 67-95. Performance security for installation and maintenance.
(a) May be required. The town 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 the structural BMPs are:
(1) Installed by the permit holder as required by the approved stormwater
management plan, and/or
(2) Maintained by the owner as required by the operation and maintenance
agreement.
(b) Amount.
(1) Installation. The amount of an installation performance security shall be the total
estimated construction cost of the BMPs approved under the permit, plus 25 percent.
(2) Maintenance. 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 as determined by the stormwater administrator for
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.
(c) Uses of performance security.
(1) Forfeiture provisions. The performance security shall contain forfeiture
provisions, after proper notice, for failure to complete work within the time specified, or
to initiate or maintain any actions which may be required of the applicant or owner in
accordance with this article, approvals issued pursuant to this article, or an operation
and maintenance agreement established pursuant to this article.
(2) Default. Upon default of the owner to construct, maintain, repair and, if
necessary, reconstruct any structural BMP in accordance with the applicable permit or
operation and maintenance agreement, 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 owner to comply with the permit or maintenance agreement. In the event of a
default triggering the use of installation performance security, the town shall not return
any of the unused deposited cash funds or other security, which shall be retained for
maintenance.
(3) Costs in excess of performance security. If the town takes action upon such
failure by the applicant or owner, the town may collect from the applicant or owner the
difference between the amount of the reasonable cost of such action and the amount
of the security held, in addition to any other penalties or damages due.
(4) Refund. Within 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 25 percent of landscaping installation and ongoing maintenance associated
with the BMPs covered by the security. Any such landscaping shall be inspected one
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.
(Ord. of 1-22-08, § 1)
16 of 21 1/5/2010 1:56 PM

ARTICLE Ill. PHASE II STORMWATER POST -CONSTRUCTION http://Iibraryl.municode.com/default-cest/DoeView/12974/i/95/99
Sec. 67-96. Notice to owners.
(a) Deed recordations and indications on plat. The applicable operations and maintenance
agreement, [conservation easement, or dedication and acceptance into public maintenance
(whichever is applicable)] pertaining to every structural BMP shall be referenced on the final
plat and shall be recorded with the county register of deeds upon final plat approval. If no
subdivision plat is recorded for the site, then the operations and maintenance agreement,
[conservation easement, or dedication and acceptance into public maintenance, (whichever is
applicable)] shall be recorded with the county register of deeds so as to appear in the chain of
title of all subsequent purchasers under generally accepted searching principles.
(b) Signage. Where appropriate in the determination of the stormwater administrator to
assure compliance with this article, structural BMPs shall be posted with a conspicuous sign
stating who is responsible for required maintenance and annual inspection. The sign shall be
maintained so as to remain visible and legible and must comply with zoning requirements as
specified in the Town of Hope Mills Code of Ordinances, sections 102-301--102-313.
(Ord, of 1-22-08, § 1)
Sec. 67-97. Records of installation and maintenance activities.
The owner of each structural BMP shall keep records of inspections, maintenance, and repairs
for at least five years from the date of creation of the record and shall submit the same upon
reasonable request to the stormwater administrator.
(Ord. of 1-22-08, § 1)
Sec.67-98. Nuisance.
The owner of each stormwater BMP, whether structural or nonstructural BMP, shall maintain it
so as not to create or result in a nuisance condition.
(Ord. of 1-22-08, § 1)
Sec. 67-99. Maintenance easements.
Every structural BMP installed pursuant to this article shall be made accessible for adequate
maintenance and repair by a maintenance easement. The easement shall be recorded and its terms
shall specify who may make use of the easement and for what purposes.
(Ord. of 1-22-08, § 1)
Sec. 67-100. General enforcement.
(a) Authority to enforce. The provisions of this article shall be enforced by the stormwater
administrator, his or her designee, or any authorized agent of the town. Whenever this section
refers to the stormwater administrator, it includes his or her designee as well as any authorized
agent of the town.
(b) Violation unlawful. Any failure to comply with an applicable requirement, prohibition,
17 of21 1/5/2010 1:56 PM

ARTICLE M. PHASE 11 STORMWATER POST -CONSTRUCTION http://libraryI.municode.com/default-test/DocView/12974/1/95/98
standard, or limitation imposed by this article, or the terms or conditions of any permit or other
development or redevelopment approval or authorization granted pursuant to this article, is
unlawful and shall constitute a violation of this article.
(c) Each day a separate offense. Each day that a violation continues shall constitute a
separate and distinct violation or offense.
(d) Responsible persons/entities. Any person who erects, constructs, reconstructs, alters
(whether actively or passively), or fails to erect, construct, reconstruct, after, repair or maintain
any structure, BMP, practice, or condition in violation of this article shall be subject to the
remedies, penalties, and/or enforcement actions in accordance with this article.
For the purposes of this article, responsible person(s) shall include but not be limited to:
(1) An architect, engineer, builder, contractor, developer, agency, or any other person
who participates in, assists, directs, creates, causes, or maintains a condition that
constitutes a violation of this article, or fails to take appropriate action, so that a
violation of this article results or persists.
(2) The owner of the land on which the violation occurs, any tenant or occupant of the
property, any person who is responsible for stormwater controls or practices pursuant
to a private agreement or public document, or any person, who has control over, or
responsibility for, the use, development or redevelopment of the property.
(Ord. of 1-22-08, § 1)
Sec. 67-101. Procedures for enforcement.
(a) Inspection. The stormwater administrator shall have the authority, upon presentation of
proper credentials, to enter and inspect any land, building, structure, or premises to ensure
compliance with this article.
(b) Notice of violation and order to correct. When the stormwater administrator finds that any
building, structure, or land is in violation of this article, the stormwater administrator shall notify,
in writing, the property owner or other person violating this article. The notification shall
indicate the nature of the violation, contain the address or other description of the site upon
which the violation is occurring, order the necessary action to abate the violation, and give a
deadline for correcting the violation. If civil penalties are to be assessed, the notice of violation
shall also contain a statement of the civil penalties to be assessed, the time of their accrual,
and the time within which they must be paid or be subject to collection as a debt.
The stormwater administrator may deliver the notice of violation and correction order
personally, by certified or registered mail, return receipt requested, or by any means authorized for the
service of documents by Rule 4 of the North Carolina Rules of Civil Procedure.
If a violation is not corrected within the period of time provided in the notification, the
stormwater administrator may take appropriate action under this article to correct and abate the
violation and to ensure compliance with this article.
(c) Extension of time. A person who receives a notice of violation and correction order, or
the owner of the land on which the violation occurs, may submit to the stormwater
administrator a written request for an extension of time for correction of the violation. On
determining that the request includes enough information to show that the violation cannot be
corrected within the specified time limit for reasons beyond the control of the person
requesting the extension, the stormwater administrator may extend the time limit as is
reasonably necessary to allow timely correction of the violation, up to, but not exceeding 60
18 of21 1/5/2010 1:56 PM

ARTICLE III. PHASE 11 STORMWATER POST -CONSTRUCTION http://Iibraryl.municode.com/default-test/DocView/12974/i/95/98
days. The stormwater administrator may grant 30-day extensions in addition to the foregoing
extension if the violation cannot be corrected within the permitted time due to circumstances
beyond the control of the person violating this article. The stormwater administrator may grant
an extension only by written notice of extension. The notice of extension shall state the date
prior to which correction must be made, after which the violator will be subject to the penalties
described in the notice of violation and correction order.
(d) Enforcement after time to correct. After the time has expired to correct a violation,
including any extension(s) if authorized by the stormwater administrator, the stormwater
administrator shall determine if the violation is corrected. If the violation is not corrected, the
stormwater administrator may act to impose one or more of the remedies and penalties
authorized by this article.
(e) Emergency enforcement. If delay in correcting a violation would seriously threaten the
effective enforcement of this article or pose an immediate danger to the public health, safety,
or welfare, then the stormwater administrator may order the immediate cessation of a
violation. Any person so ordered shall cease any violation immediately. The stormwater
administrator may seek immediate enforcement, without prior written notice, through any
remedy or penalty authorized by this article.
(Ord. of 1-22-08, § 1)
Sec. 67-102. Remedies and penalties.
The remedies and penalties provided for violations of this article, whether civil or criminal, shall
be cumulative and in addition to any other remedy provided by law, and may be exercised in any
order.
(a) Remedies.
(1) Withholding of certificate of occupancy. The stormwater administrator or
other authorized agent may refuse to issue a certificate of occupancy for the
building or other improvements constructed or being constructed on the site
and served by the stormwater practices in question until the applicant or other
responsible person has taken the remedial measures set forth in the notice of
violation or has otherwise cured the violations described therein.
(2) Disapproval of subsequent permits and development approvals. As long
as a violation of this article continues and remains uncorrected, the stormwater
administrator or other authorized agent may withhold, and the town board of
commissioners may disapprove, any request for permit or development
approval or authorization provided for by this article or the zoning, subdivision,
and/or building regulations, as appropriate for the land on which the violation
occurs.
(3) Injunction, abatements, etc. The stormwater administrator, with the written
authorization of the town manager, may institute an action in a court of
competent jurisdiction for a mandatory or prohibitory injunction and order of
abatement to correct a violation of this article. Any person violating this article
shall be subject to the full range of equitable remedies provided in the General
Statutes or at common law.
(4) Correction as public health nuisance, costs as lien, etc. If the violation is
deemed dangerous or prejudicial to the public health or public safety and is
within the geographic limits prescribed by G.S. 160A-193, the stormwater
19 of21 1/5/2010 1:56 I'M

ARTICLE 111. PHASE 11 STORMWATER POST -CONSTRUCTION http://]ibrary1.municode.com/default-test/DocView/12974/l/95/98
administrator, with the written authorization of the town manager may cause the
violation to be corrected and the costs to be assessed as a lien against the
property.
(5) Stop -work order. A stop -work order may be issued if an activity is being
conducted or was conducted in violation of this article, any regulation, rule or
order duly adopted pursuant to this article, or is being undertaken or continued
for which a stormwater control plan is required except in accordance with the
terms, conditions and provisions of an approved plan and that either:
a. The activity is being conducted without an approved plan, a permit,
or both;
b. The violation endangers life, property, or both or that such
endangerment is imminent;
c. The activity is being conducted without installing all protective
measures and devices in accordance with the approved stormwater
control plan.
All stop -work orders shall be in writing served on and directed to the
person doing the work and shall state the specific work to be stopped,
the specific reasons for the stoppage, and the conditions under which
the work may be resumed. The stop -work order shall be rescinded by
written notice if all the violations for which the stop -work order were
issued are corrected, no other violations have occurred, and all
measures necessary to abate the violations have been taken.
(b) Civil penalties. A violation of the provisions of this article or rules or other orders
adopted or issued pursuant to this article shall subject the violator to civil penalties as
fo Ilows:
(1) Amount of civil penalty. Violation of this article may subject the violator to
a civil penalty to be recovered in a civil action in the nature of a debt if the
violator does not pay the penalty within 30 days after notice of the violation is
issued by the stormwater administrator. Civil penalties may be assessed up to
the full amount of penalty to which the Town of Hope Mills is subject for
violations of its Phase II stormwater permit, or if no Phase II stormwater permit
exists for the jurisdiction, civil penalties may be assessed up to the full amount
allowed by law.
(2) Procedures to assess civil penalties. Said penalties shall be assessed by
the stormwater administrator. No penalty shall be assessed until the person
alleged to be in violation is served written notice of the violation by registered
mail, certified mail --return receipt requested, or personal service. Refusal to
accept the notice shall not relieve the violator of the obligation to pay the
penalty. The notice shall describe the violation with particularity and specify the
measures needed to come into compliance. The notice shall designate the time
within which such measures must be completed. In setting the time limit for
compliance, the town shall take into consideration: the quantity and complexity
of the work; the consequences of delay; the potential harm to the environment,
the public health, and public and private property; the cost of remedying the
damage.
The notice shall warn that failure to correct the violation within the specified
time period will result in the assessment of a civil penalty and/or other
enforcement action. if after the allotted time period has expired, and the
20 of 21 1/5/2010 1:56 PM

ARTICLE Ill. PHASE 11 STORMWATER POST -CONSTRUCTION http://libraryi.municode.comVdefault-test/DoeView/12974/1/95/98
violation has not been corrected, the penalty shall be assessed from the date
of receipt of notice of violation and each day of continuing violation thereafter
shall constitute a separate violation under this section.
(3) Failure to pay a civil penalty assessment. If the payment for the assessed
civil penalty is not received, equitable settlement reached, or appeal requested
within 30 days after demand for payment is made, the matter shall be referred
to the town attorney for institution of a civil action in the name of the town, in
the appropriate division of the superior court of justice in Cumberland County
for recovering the penalty.
(4) Appeals. If any person, having received a violation notice from the
stormwater administrator or his or her designee desires to appeal the findings
and determinations, then within ten days of receipt of the notice of violation, a
written appeal shall be filed with the stormwater administrator. Said notice shall
contain the name, address, and telephone number of the appellant; the basis
for the appeal; and a request to be heard by the town manager. In the event the
appeal is denied, the violation notice shall be upheld.
(c) Criminal penalties. Violation of this article may be enforced as a misdemeanor
subject to the maximum fine permissible under North Carolina law.
(Ord. of 1-22-08, § 1)
Secs.67-103--67-120. Reserved.
21 or21 1/5/2010 1:56 PM

�u
TOWN, OF HOPE. MILLS
P.O. BOX 367 • 5770 ROCKFISH ROAD • HOPE MILLS, NORTH CAROLINA 28348-0367
TELEPHONE [phone] • FAX [phone]
VIA RECISTERED MAIL
May 3, 2007
North Carolina Department of'
Frivironment and Natural Resources
Division of Water Quality
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Attention: Mr. Mike Randall
Re: NPDES Permit Number NCS000458
Request for Time 1lxtension
Dear Mr. Randall:
MAY 1 0
DENFc - WATER QtIALI
Wetlands & Stormwater &anch
On the basis that the Town of 1-lope Mills (the Town) is located within the Fayetteville, NC
Urbanized Area defined by the US Census Bureau, the Town applied for and was issued an
individual Phase 11 Stormwater Permit. Under the permit, the Town is required to establish and
implement a Post -Construction Stormwater Management Program within the first 2 years of the
permit. The effective date on the Town's permit is July 1, 2005. Therefore, the Post -
Construction ordinance is currently required to be in place by July 1, 2007.
The 'Town applied for the permit in 2003. At that time, the City of Fayetteville and Cumberland
County had its current stormwater management program in place under a Phase I permit
previously issued for large Municipal Separate Stormwater Sewer Systems (MS4). It was the
intention of the Town to partner with the City of' Fayetteville/Cumberland County Stormwater
Services Division to implement several of the required minimum measures, including Public
Education and Outreach, Public Involvement and Participation, and Post Construction
Stormwater Management.
We understand that Cumberland County has recently submitted a request to the State to withdraw
from the stormwater permitting program on the basis that they no longer own and operate an
MS4 due to annexations of county property by the City of Fayetteville. We further understand
that if the county is relieved from coverage under Phase I stormwater rules, then the state will
implement the Post -Construction minimum measures in the unincorporated portions of
Cumberland County.
www.townofhopemills.com

The Town of Hope Mills has somewhat of a unique situation in that the Town is located within
Cumberland County, a Phase I Stormwater Permitted Municipality, and that the County has
requested to be withdrawn from the regulation. The situation has forced the Town to begin re-
evaivation of its approach in meeting the minimum measures of the Phase 11 permit.
Based on this situation, the Town of Hope Mills respectfully requests the following:
1. To be granted a minimum of a one (1) year extension to meet the Post -Construction
Minimum Measure, assuming that the issue with the County's permitting status can
be resolved prior to July 1, 2007. This would effectively extend the deadline for the
Town of Hope Mills' Phase Il Post -Construction implementation from July 1, 2007 to
July 1, 2008; and
2. If Cumberland County is relieved by DWQ from coverage by a municipal stormwater
permit, such that the State takes over implementation of the Phase II Post -
Construction requirements that remain in effect for Cumberland County, then the
Town of Hope Mills requests that the State also implement the Post -Construction
requirements within the Town of Hope Mills.
The Town of Hope Mills sincerely appreciates the opportunity to submit this request. We are
available to discuss our situation in detail at your convenience.
Sincerely,
"Town of [lope Mills
1-4kril.j.6,74
Robert C. W. Nichol[
Interim Town Manager
cc: C. Hambridge, AEl