NCS000480_APPLICATION_20100427

STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
� V CS � � v If� v
DOC TYPE
❑FINA/L PERMIT
0 AyIVUAI REPORT
APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ V ll�� 1
YYYYMMDD

r
Town of Rutherford College
Posl Office Box 406 - 980 Malcolm Boulevard
Mayor Rutherford College, NC 28671 Town Administrator
Jim O. Ilrrffinan, Sr. Telephone: [phone] Gaynell Donnelly
April 27, 2010
Mr. Mike Randall
NC DIaNR
Division of Water Quality
Stormwater and General Permits Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
RI Submission of the Town of Rutherford College's Phase 11 Stormwater
Permit Application
Dear Mr. Randall,
Please find enclosed three (3) copies of the Town of Rutherford College's NPDES Phase 11
stormwater permit application. This application package contains form SWU-264 and the
comprehensive stormwater program narrative.
Please feel free to call me (828-874-0333) should you have any questions concerning; the Town's
2010 stormwater application package.
Sincerely,
Johnny Wear
Planner
Enclosures
cc: Gaynell Donnelly, Town Administrator
E @Onq -1 M
ER 9 7.010
DENR - WATER OLIALI7Y
Weilands 8 Stormwater Branch

l
1 ,
TOWN OF RUTHERFORD COLLEGE
PHASE 11 NPDES STORNMATER PER11 IT APPLICATION
Submitted to
NORTH CAROLINA DIVISION Oh WATER QUALITY
STORMWATER UNIT
RALEIGH, NORTH CAROLINA
APRIL, 2010
Prepared by
JOHNNY WE -Aft
I -OWN OF RUfHE=RFORD COLLEGE
PO 130X 406
RU'I'1.11:ItFOIZD COLLEGE, NOR-I-1-I CAROLINA 28671

State of North Carolina OFFIC USE ONLY
Department of Environment & Natural Resources Date Rec'd
Division of Water Quality Fee Paid
Permit Number
NPDES STORMWATER PERMIT APPLICATION FORM
This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public
Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application
package includes this form and three copies of the narrative documentation required in Section X of this form.
This application form, completed in accordance with Instructions for completing NPOES Small MS4 Stormwater
Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with
Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268) are both
required for the application package to be considered a complete application submittal. Incomplete application
submittals may be returned to the applicant.
I. APPLICANT STATUS INFORMATION
a.
Name of Public Entity
Town of Rutherford College
Seeking Permit Coverage
b.
Ownership Status (federal,
Local
state or local
c.
Type of Public Entity (city,
Town
town, county, prison, school,
etc.
d.
Federal Standard Industrial
SIC 91 - 97
Classification Code
e.
County(s)
Burke
f.
Jurisdictional Area (square
4.3
miles
g.
Population
Permanent
Seasonal (if available)
h.
Ten-year Growth Rate
10%
i.
Located on Indian Lands?
❑ Yes ®No
II. RPE / MS4 SYSTEM INFORMATION
a.
Storm Sewer Service Area
(square miles
b.
River Basin(s)
Catawba
c.
Number of Primary Receiving
Streams
4
d.
Estimated percentaqe of jurisdictional
area containing the following four land use activities:
•
Residential
38%
•
Commercial
4%
•
Industrial
1%
•
Open Space
58%
Total =
100%
e.
Are there significant water
quality issues listed in the
attached application report?
® Yes ❑ No
Page 1
SWU-264-103102

NPDES RPE Stormwater Permit Application
III. EXISTING LOCAL WATER QUALITY PROGRAMS
a. Local Nutrient Sensitive Waters Strategy
❑ Yes ® 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
El Yes ®No
a ermitted Phase I enti ?
b. If so, provide the name and permit number of that entity:
• Name of Phase I MS4
• NPDES Permit Number
c. Do you intend to co -permit
Yes ❑ No
with another Phase II entity?
d. If so, provide the name(s) of
the entity:
e. Have legal agreements been
finalized between the co-
❑ Yes ❑ No
ermittees?
V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS
(If more than one, attach additional sheets)
a. Do you intend that another
entity perform one or more of
our permit obligations?
❑ Yes ® No
b. If yes, identify each entity and the element they will be implementing
• Name of Entity
• Element they will implement
• Contact Person
• Contact Address
• Contact Telephone Number
c. Are legal agreements in place
to establish responsibilities?
El 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
Ms. Gayneil Donnelly
has been delegated
b. Title/position of person above
Town Administrator
c. Documentation of board action delegating permit authority to this person/position must be
provided in the attached application report._____ _ __ _
Page 2
SWU-264-103102

NPDES RPE Stormwater Permit Application
VII. SIGNING OFFICIAL'S STATEMENT
Please see the application instructions to determine who has signatory authority for this permit
application. If authority for the NPDES stormwater permit has been appropriately delegated through
board action and documented in this permit application, the person/position listed in Section VI above
may sign the official statement below.
I certify, under penalty of law, that this document and a# attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations.
Signature
c
Name
r. Jim Cf. HuffmaAASr.
Title
Mayor
Street Address
980 Malcolm Boulevard
PO Box
PO Box 406
City
Rutherford College
State
NC
Zip
28671
Telephone
[phone]
Fax
[phone]
E-Mail
rctown a cmbargmaiLcom
VIII. MS4 CONTACT INFORMATION
Provide the following information for the person/position that will be responsible for day to day
implementation and oversight of the stormwater program.
a.
Name of Contact
Person
Ms. Gaynell Donnelly
b.
Title
Town Administrator
c.
Street Address
980 Malcolm Boulevard
d.
PO Box
PO Box 406
e.
City
Rutherford College
f.
State
NC
g.
Zip
28671
h.
Telephone Number
[phone]
L
Fax Number
[phone]
j.
E-Mail Address
[e-mail]
embarclmaii.com
Page 3
SWU-264.103102

NPDES RPE Stormwater Permit Application
IX. PERMITS AND CONSTRUCTION APPROVALS
List permits or construction approvals received or applied for under the following programs. Include contact
name if different than the person listed in Item VIII. If further space needed, attach additional sheets.
a.
RCRA Hazardous Waste
None
Management Program
None
b.
UIC program under SDWA
c.
NPDES Wastewater Discharge
None
Permit Number
d.
Prevention of Significant
None
Deterioration (PSD) Program
Rutherford College is part of a nonattainment area for
e.
Non Attainment Program
Ozone and PM2.5
f.
National Emission Standards for
None
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
None
section 404 of CWA
X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT
Attach three copies of a comprehensive report detailing the proposed stormwater management program for
the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown
below. The required narrative information for each section is provided in the Instructions for Preparing the
Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the
following order, bound with tabs identifying each section by name, and include a Table of Contents with
page numbers for each entry.
TABLE OF CONTENTS
STORM SEWER SYSTEM INFORMATION
1.1. Population Served
1.2, Growth Rate
1.3. Jurisdictional and MS4 Service Areas
1.4. MS4 Conveyance System
1.5. Land Use Composition Estimates
1.6. Estimate Methodology
1.7. TMDL Identification
2. RECEIVING STREAMS
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs
3.2. State programs
Page 4
SWU-264-103102

NPDES RPE Stormwater Permit Application
4. PERMITTING INFORMATION
4.1. Responsible Party Contact List
4.2. Organizational Chart
4.3. Signing Official
4.4. Duly Authorized Representative
5. Co -Permitting Information (if applicable)
5.1. Co-Permittees
5.2. Legal Agreements
5.3. Responsible Parties
6. Reliance on Other Government Entity
6.1. Name of Entity
6.2. Measure Implemented
6.3. Contact Information
6.4. Legal Agreements
STORMWATER MANAGEMENT PROGRAM
7.1, Public Education and Outreach on Storm Water Impacts
7.2. Public Involvement and Participation
7.3. Illicit Discharge Detection and Elimination
7.4. Construction Site Stormwater Runoff Control
7.5. Post -Construction Storm Water Management in New Development and Redevelopment
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations
Page 5
5WU-264-103102

I. Storm Se-,ver System Information
1.1 Population Served: The Town of Rutherford College is ]ionic to a considerable
number of people — 1,297 in 2007, according to official estimates by the North
Carolina State Demographer. This represents approximately 2 percent of the
population of Burke County and equivalent to just under one fourth of the
population of Morganton. For comparison purhoses and to analyze population
change over time, this analysis relies largely upon the figures compiled by the US
Census Bureau during the 1990 and 2000 decennial censuses.
1.2 Growth Rate: The 1990 and 2000 Censuses show that during the last decade of,
the 20th century, the population increase in the town (15%) was slightly lower
than that of Burke County (18%) and North Carolina (21%), but slightly more
than the nation as it whole (13°/,,).
fast population growth trends are commonly used as an indicator of future
growth. Figure l shows past growth trends for the Town of Rutherford College.
Figure 2 shows that BUu'kc County is projected to grow by neat 10`%� from the
2005 population ol'$$,293 to an estimated 97,192 by 2020. Past growth trends are
similar fOr the COUnty and the Towns, so it can be deduced that Rutherford
College may experience a similar 10% in growth.
1,350
1,300
1,250
1,200
c 1,150
a
1,100
1,050
1,000
Figure 1. Figure 2.
Rutherford College Population, 1980-2005 Burke County Population, 1980-2025
100.000 97,192
95,a35
95,000 92,533
89,14' 90,697
90,000� 88,293
85,000
0 80,000.
n 15,000' 72,504
70,000-
a 65.000' �ME
55,000
1980 1990 1995 2000 2005
1980 1990 2000 2005 2010 2015 2020 2025
1.3 Jurisdictional and MS4 Service Area: The Town of Rutherford College is located
in the eastern part of Burke County, situated between the municipalities of
Valdese and Connelly Springs. It is bounded by Lake Rhodhiss to the north and I-
40 to the south. The town can be defined centrally by Malcolm Boulevard. The
town's land area includes approximately 2.3 square miles, or 1,488 acres.
Although the Town has the sense of being rural, it is included as part of the
Hickory -Morganton -Lenoir Metropolitan Statistical Area (MSA). The entire town
has recently been added to the jurisdiction of Greater Hickory Metropolitan
Planning Organization and has been designated as urbanized. The Town has an
Extra -territorial Jurisdiction (ETJ) that expands from the northeastern boundary of
the Town limits that includes approximately 2.1 square miles, or 1,359 acres.

A copy of the Town's zoning map appears as Attachment #1 in the Appendix.
1.4 MS4 Conveyance System: Malcolm Boulevard is the only street in Rutherford
College that has a curb and gutter system. This street is a DOT maintained road
and extends front I-40 at Exit 113 north to the Catawba River Bridge at the
Burke -Caldwell County line. Tile curb and gutter system extends along this street
within the Town's corporate limits. Ditches transport stormwater along tile
remaining streets in '['own, and culverts under driveways and streets are used to
pipe water. The "Town does not have dedicated staff to maintain the storm sewer
system. An engineering consulting firm provides technical expertise in
maintaining tile TowWs storm sewer system with the actual repairs being handled
by local contractors.
1.5 Land Use Composition Estimates: A land use survey Of all properties in
Rutherford Collette was completed in 2008. Each property was considered to
have one oftile following primary uses:
■ Residential: This category includes any parcel containing a single-family
site -built home, any parcel containing a multi -family structure, such as
condos or a duplex, or any parcel containing a manufactured ]ionic.
■ Bersiness: This category includes parcels containing any type of activity
involving the sale of goods or services for financial gain (commercial
activity), but does not include parcels containing [ionic occupations or
medical offices.
■ Office: This category includes parcels containing any type of medical uses
concerned with the diagnosis, treatment, and care of human beings.
Medical offices were separated froin other business offices for future
zoning purposes.
■ Institutional: This category includes any facility that provides a public
service, and is operated by a federal, state, or local government, public or
private utility, public or private school or collCgC, church, public agency,
or tax-exempt organization.
■ Mrutnfictitri g: Tllis category includes any parcel containing any type of
business use or activity at a scale greater than home industry involving
manufacturing, fabrication, assembly, warehousing, and/or storage.
■ Vacant: This category included any parcels not in use or parcels
containing agriculture and/or abandoned buildings.
Table i summarizes these land uses by acreage and number of parcels.
Residential uses occupied the most developed land, withh 977 acres. Undeveloped
parcels, or vacant land, make up 397 acres in Rutherford College. These land use
patters are readily apparent on "Map 3: Existing Land Use."

Table 1, Land Use Categories by Area and Percent of Total Land Area for the Rutherford
College Planning Jurisdiction.
Existing Land Use in Rutherford Coll e e, 2008
Classification
# Parcels
# Acres
Avg.
Max.
% Area*
Residential
636
977
1.5
36.7
38
Business
49
45
6.9 7
5.5
2
Office
7
4
.6
3.9
< 1
Institutional
17
46
2.7
10.8
2
Manufacturing
3
15
5
12
1
Vacant
397
1 1496
3.8
256
58
Source: Rutherford College Planning staff, 2008.
1.6 Lstimatc Methodology: The land use estimates were obtained by a GIS analysis
of a zoning layer coverage of Rutherford College maintained by the Wcstcrll
Piedmont Council of Governments. A Find use survey of all properties in
RulherFord College was completed in 2008. Each property was considered to
have one, ofthe following primary uses:
• Residential: This category includes any parcel containing a single -Family
site -built home, any parcel containing a 111uitl-falllily structure, such as
condos or a duplex, or any parcel containing a Manufactured home.
■ Business: This category includes parcels containing any type of activity
involving the sale of goods or services for financial gain (commercial
activity), but does not include parcels containing 110111e occupations or
medical offices.
■ office: This category includes parcels containing any type of medical uses
concerned with the diagnosis, treatment, and care of human beings.
Medical offices were separated firoM other business offices for future
z01111lg purposes.
■ Institutional: This category includes any facility that provides a public
service, and is operated by a federal, state, or local government, public or
private utility, public or private school or college, church, public agency,
or tax-exempt organization.
■ Manufacturing: This category includes any parcel containing any type of
business use or activity at a scale greater than home industry involving
manufacturing, fabrication, assembly, warehousing, and/or storage.
■ Vacant: This category included any parcels not in use or parcels
containing agriculture and/or abandoned buildings.

The "Town of Rutherford College owns a one -acre park that contains the only
dedicated open space area in Town.
1.7 The NfS4 does currently discharge stonnwater into Lake Rhodhiss, which appears
on the NC Division of Water Quality's 303d list as of2006. (See Attachment #2
in the Appendix.)
2. Receiving Streams
Table 2. Information on Streams Located Within the Rutherford Collette Planning Jurisdiction.
Receiving
Stream Segment
eater Quality
Use Support
Water Quality
Stream Name
i
Classification
Rating
Issues
Catawba River
From Johns River to
WS-IV, 13, CA
Fully
High 1*1
Rhodhiss Data
Suppcu•ting
Hoylc Creek
from source to a point
WS-IV
N/A
N/A
0.4 miles downstream of'
Burkc COL111ty Slt 1546
Island Creek (Lail
IJrom source to a point
WS-IV
N/A
N/A
Creek)
0.7 mile upstream of
mouth
Smith Branch
From source to Island
WS-IV
NIA
N/A
Creek
3. Existing Water Quality Programs
3.1 Existing Programs: The Town of Rutherford College has adopted and. is
administering a local water supply watershed protection ordinance. Burkc County
administers the County's Catawba River Riparian Buffer Ordinance within the
Town's planning area.
3.2 State Programs: Staff with the Land Quality Section of the DIENR Asheville
Regional Office administers the state's Erosion and Sediment Control Regulations
within the Town's planning area,
4. Permitting Information
4.1 Responsible Party Contact List:
Ms. Gaynell Donnelly
Town Administrator
Phone: [phone]
Fax: [phone]
Email: [e-mail] embargmail.com

4.2 Organizational Chart: (See Attachment #3 in the Appendix)
4.3 Signing Official: Jimmy O. Huffman, Sr., Mayor
4.4 Duly Authorized Representative: Not applicable.
5. Co -Permitting Information: Not applicable.
6. Reliance on other governmental entity to satisfy one or more permit obligations:
Not applicable.

7. Stormwater Management Program Plan
7.1 Public Education and Outreach on Stonn Water Impacts
7.1.1 BMP Summary Table 7.1.1 describes the activities the Town will
undertake to meet the State's public education and outreach requircinents.
Table 7.1.1
BMP
Measurable Goals
(a) Establish a Public
Develop a public education program and 11Mplement
Education and Outreach
within 12 months of the permit issue date. Documcnt
Program
efforts to reach the majority of the general public.
(b) Informational Web Site
Develop and maintain internet web site. Post newsletter
art1CICS on storlllwater, 111101'1Matloll on Wtlte[' CIUallty,
storinwater projects and activities, and ways to contact
stormwtiter management program staff.
(c) Public education materials
Develop general storlllwater educational material to
for schools, homeowners,
appropriate target groups as likely to have a significant
and/or businesses
storlllwater impact. instead of developing its own
materials, the permittee may rely on state -supplied Public
Education and Outreach ]Materials, as available, when
implementing its own prograill.
(d) Public education material
Distribute written educational (Material to a broad public
dissemination
audience. Possibilities include, but are not limited to
utility mail outs and at special events.
7.1.2 The 'Town has relatively fcw commercial properties and only a small
number of rental units. Thus the primary target audience for the public
education component of the Town's stormwtiter program will contini.le to
be homeowners' residing within the Town's planning area. Despite the
small number of businesses located in Town, this group of stakeholders
will also receive targeted educational materials explaining how stormwtiter
impacts can be minimized from these commercial operations.
7.1.3 The Town of Rutherford College has participated in the development and
dissemination of general stonnwater public education materials for

schools, homeowners, and/or businesses. Staff is associated with the
Phase If Stormwater Working Group from the local governments in
Alexander, Burke, Caldwell, and Catawba Counties. "IThis group is
facilitated by the Western Piedmont Council of Governments (WPCOG).
The purpose of this group is to work together toward public education and
involvement, the common development of ordinances, and any other
matters related to stormwater management. The group has completed an
informational brochure entitled "The Catawba River and you: Actions
you can take to protect your drinking water source, the Catawba Rivet'.
45,0000 copies of this brochure were printed at a total cost of $3,1 19.00.
Rutherford College provided cost -share funding for this brochure, along
with Burke County, Connelly Springs, Drexel, Geln Alpine, Hildebran,
Long View, Morganton, Valdese, Caldwell County, Cajah's Mountain,
Gamewell, Granite Falls, Hudson, Lcnoir and Sawmills. The brochure is
also always on display at the fi•ont window at the Town Hall where anyone
who enters the Town Hall can be made aware. Additionally, the brochures
were sent out with tax notices in 2006.
7.1.4 Events and festivals where it is practical to display the brochure
concerning the prevention of stormwater pollution will continue to be used
to disseminate information to the public. The focus of these events and
festivals must be such that discussions can be lield with the public.
Examples of events in the past include: The Rutherford College Summer
Festival in August and Christmas in the Park in December of each year.
Staff members will continue to attend these events to meet the public and
discuss stormwater pollution prevention.
7.1.5 The Town ol' Rutherford College has also contracted with the Western
Piedmont Council of Governments during 200$ and 2009 to complete it
Comprehensive Plan for the "Gown. Multiple public meetings were held,
where the brochure was made available, as well as discussion being held
Oil the subject matter. This will continue in 2009 and 2010, as public
meetings will be held for a new zoning ordinance and zoning map.
7.1.6 The success of this particular minimum measure will be evaluated based
on the following: the number of stormwater educational materials
distributed to homeowners; the number of Town events where educational
materials and displays were available; the number of businesses receiving
stormwater materials; and the number of people attending stormwater
workshops.

7.2 Public Involvement and Participation
7.2.1 BMP Summary Table 7.2.1 describes the activities the Town will
undertake to meet the State's public involvement and participation requirements.
'fable 7.2.1
SNIP
Measurable Coals
(a) Administer a Public
Develop and implement a Public Involvement and
Involvement Program
Participation Program.
(b) Allow the public an
Conduct at least one public sleeting to allow the
opportunity to review and
public; all opportunity to review and comment on the
comment on the
Stormwater Plan.
stornr►vater Plan
(c) Or•ganire a volunteer
Organize and implement a volunteer stormwater
community involvement
related program designed to promote ongoing citizen
Program
participation.
(d) Establish a Citizens'
Develop a citizens' gi-OUp(S) 101- ]split Oil StOrlllwatCr
Group(s)
issues and the stormwater program.
7.2.2 BCCaLISC Rutherford College is a small, rural community, the Town's
population is relatively homogenous ethnically, racially, socio-
economically and culturally. The locus of this component of' the Town's
stormwater program will again be involving primarily homeowners and
businessmen in planning, oversight, and community involvement
activities.
7.2.3. Due to difficulties in keeping multiple volunteer board staffed in this small
community, the Planning Board has been acting as the Citizens group.
The Planning Board will continue to provide input on stormwater issues
and how to better inform the public.
7.2.4. "The "Town of Rutherford College will continue to research ways to
increase the involvement of the community in general, as well as business
and professional groups in the current year.
7.2.5. The success of this particular minimum measure will be evaluated based
on the following: the number of meetings held by the citizen stornlwater
council and the number of phone calls received by the Town reporting
water quality violations or expressing concerns regarding water quality.

7.3. Illicit Discharge Detection and Elimination
7.3.1. BMP Summary "fable 7.3.1 describes the activities the Town will
undertake to meet the State's illicit discharge detection and elimination
requirements.
'fable 7.3.1
BMP
Measurable Coals
(a) Develop/Implement
Develop and implement an Illicit Discharge Detection
Illicit Discharge Detection
and Elimination Program. Include provisions for
and Elimination Program
program assessment and evaluation.
(b) Establish and maintain
Establish and maintain adequate legal authorities to
appropriate legal
prohibit illicit discharges and enforce the Approved Illicit
Authorities
Discharge ❑etectloll and E11n7111atioil Program.
(c) Develop a Storm Sewer
Identify outfall locations and map stormwater drainage
System Base Map
system components. At a minimum, mapping
components includes outfalls, di-aimige areas, and
receiving streams.
(d) Implement illicit
Irllplenlent inspection program to detect dry weather
discharge detection
flOws at systeRl OUtfalls. Establish procedures Im tracing
procedures
the sources of illicit discharges and for removing the
sources. Develop procedures for identification of priority
areas likely to have illicit discharges. Continue to
identify, locate, and update map oi�drainage system
components on a priority basis per approved Illicit
Discharge Program.
(e) Conduct employee cross-
Conduct training for city staff on cletecting and reporting
training
illicit discharges.
(1) Provide public education
Inform public employees, businesses, alld the general
public of hazards associated with illegal discharges and
improper disposal of waste that cause adverse water
quality impacts.
(g) Establish a public
Establish and publicize a reporting mechanism 11or the
reporting mechanism
public to report illicit discharges.

7.3.2. The Town of Rutherford College will improve its program for illicit
discharges over tine coming year. Changeover in staff has led to delay in
many areas of the program that need to be addressed. A proposed Illicit
Discharge Ordinance is currently being reviewed by Staff for presentation to
the citizens stornnwater group and the Town Council (see Attachment # 4 —
Illicit Discharge Ordinance).
7.3.3 The plan for detection and elimination of illicit discharges has three
components.
7.3.3.1 The initial lllapping operation is the first component. The Town of'
Rutherford College has contacted West Consultants in Morganton, NC
to work on developing a map of the MS4.
7.3.3.2 Field inspections, which will be coordinated with the rnapping
operation are the second component. The ']'own o f' Rutherford College
Utilities Director- is responsible for detection of illicit discharges.
7.3.3.3 The source identification and elimination operation will be the third
component. The authority to perform inspections on private property
Will be devciopcd in conjunction with the post -construction ordinance.
Dry weather flows during the field inspections, or complaints
generated by the public or municipal personnel, will be the first
indicator of a possible illicit discharge. Visual observations and
testing will confirm whether or not the discharge is illicit. The
enforcement mechanism for elimination of illicit discharges will be
developed in conjunction with the post -constructions ordinance.
Possible illicit discharges can be reported to the state 800 number and
message forwarded to local staff.
7.3.4 A connponent of the public education process is to use the various media
available to inform the public about illicit discharges and how to report them.
An important port of that process is to educate public employees, businesses,
and tine general public concerning what an illicit discharge consists of, and not
to use the storm drainage system to dispose of any materials that are
considered illicit if they are placed in tine storm drainage system. "IThe
brochure entitled "Tile Catawba River and you: Actions you can take to
protect your drinking water source, the Catawba River", contains this
information.
7.3.5. Detection and Elimination
7.3.5.1. High priority areas will include streams draining businesses
located along US 70 and Malcolm Boulevard. These areas
represent the commercial district of tlne "Town and are likely
to contain the majority of illicit discharges or connections
to the storm system such as floor drains. Over time, as
educational outreach efforts are implemented, calls from
citizens and businesses may help identify other priority
areas.

7.3.5.2. Streams will be walked annually during dry weather
periods to look for nonstormwater flows. Suspicious
appearing discharges will be visually inspected as
suggested by US EPA {see Attachment #5--EI'A Storm
Water Management Fact Sheet in the Appendix).
7.3.5.2.1. A letter from the Town will be sent to the individual or
business notifying; them that they are in violation of the
Town's Illicit Discharge Ordinance. Emphasis will be
placed on obtaining; voluntary compliance initially.
However, if the violator does not take action to comply
with the 'rown's ordinance, the Town will take
appropriate legal action to ensure removal of, the illicit
discharge.
7.3.5.3. A major responsible of the Town's Stormwater Advisory
Council will be to evaluate the effectiveness of all program
elements and suggest changes where appropriate.
7.3.6. Non Stormwater Discharges. None of' the listed categories of non -storm
water discharges or flows are considered significant contributors of
pollutants in Rutherford College.
7.3.7. Not applicable.
7.3.8. '['he Public Education component of the Town's stormwater program will
be used to educate homeowners and businesses about the hazards
associated with illegal discharges and the improper disposal of wastes.
Educational outreach efforts will include mailings and public workshops.
Town employees and contractors will receive instruction oil the, proper
handling of wastes via employee training as listed under Pollution
Prevention/Good Flousingkeeping for Municipal Operations.
7.3.9. In conjunction with Town staff, the Town's Stormwater Advisory Council
will evaluate the effectiveness of all program elements and suggest
changes where appropriate.
7.3.10. This program component will be evaluated by documenting; the number of
illegal discharges removed, recording the number of businesses and
homeowners receiving educational information about illicit discharges and
proper storage of wastes, and documenting; the number of' Town
employees and contractors receiving training in this area.

7.4. Construction Site Stormwater Runoff Control
The Town will continue to rely on the Land Quality Section with the NC
Department of' Environment and Natural Resources' Regional Office in Asheville
to administer the state's sedinlentlerosion control regulations within the Town's
planning jurisdiction. Table 7.4.1 demonstrates the goals achieved by the State's
program.
Table 7.4.1
BMP
Measurable Coals
(a) Implement a program
Develop a regulatory mechanism and Implement a
and establish a regulatory
program requiring erosion and sediment controls at
mechanism for erosion and
constructions sites and providing for sanct1011S 10 CI1SL1rC
sediment control
compliance.
(b) Develop requirements on
Require construction site operators to implement
construction site operators
erosion and sediment control BMI's and to control
construction site wastes that may cause adverse water
quality impacts.
(c) Provide educational and
New materials may be developed by the permittee, or
training materials for
the permittee may use materials adopted from other
construction site operators
programs aIld adapted to the pCr1111ttCC'S CO11StrUctioll
runoff controls program.
(d) Institute plan reviews
Review construction plans and establish procedures that
incorporate water quality considerations 111 C0nStl'LICt1011
site plall reviews.
(e) Establish public
1stablish procedures for receipt and consideration of
information procedures
erosion and sedimentation infOl'lllat1011 SL1111nitted by the
public. Publicize the procedures and contact
information. The procedures must lead directly to a site
inspection or other timely follow-up action.
(f) Establish inspection and
Establish procedures for site inspection and
enforcement procedures
enforcement of control measure requirements. The
procedures should include prioritizing areas of
inspections based on local criteria.

7.5. l'ost-Construction Storm Water Management in New Development and
Redevelopment
7.5.8. See BMP Summary Table 7.5.8.
Table 7.5.8
BNIP
Measurable Goals
(a) Establish a Post
Develop and adopt by ordinance (or similar regulatory
Construction Stormrvater
mechanism) in year 1-2, to address post -construction
Management Program
runoff controls for new development and
redevelopment.
(b) Establish strategies
Provide a mechanism to require long-term operation
which include structural
and maintenance of structural BMPs. Require annual
and non-structural 13NIPs
inspection reports of permitted structural BMPs
appropriate for the NIS4
perf101-111ed by a qualified professional.
(c) Establish a program to
Control the sources offecal coliform to the maximum
control the sources of fecal
extent practicable. Develop and implement an
coliform to the maximum
oversight program to ensure proper operation and
extent practicable
maintenance of on -site wastewater treatment systems
for domestic wastewater. Municipalities must
coordinate this program with the county health
department.
7.5.8.1. The "Town currently administers a Water Supply watershed
Protection Ordinance that places limits on density and
impervioris surf�ices regarding new development
throughout the Town's planning area. Within the Town's
ET.I, Burkc County administers its buffer regulations on
behalf ofthe '['own for land abutting the Catawba River.
7.5.8.2. The Town has no policies or ordinances that specifically
encourage infill development.
7.5.8.3. The Town currently has no education programs in place.
7.5.8.4. rThe Town has no measures or programs currently in place
as described.
7.5.9.1. Under the Towns watershed protection ordinance, the
Town requires that engineered stormwater control
structures be constructed and maintained when the high
density option for a new development project is selected by
a developer. To date, one (1) wet detention pond has been

constructed in Rutherford College that was subject to the
Town's watershed protection ordinance.
7.5.9.2. Grass swales collect and transport runoff along all Town -
maintained streets. Malcolm Boulevard is the only street
within the Town's planning area that employs it curb and
gutter system for transporting runoff.
7.5.9.3. The Town does not require infiltration basins of- trenches
under any of its land use regulations.
7.5.10. The Town currently administers a water supply watershed protection
ordinance throughout its entire planning jurisdiction. It is the Town's
intent to use this existing ordinance to meet the Phase I I post -construction
runoff requirements. A copy this ordinance appears as Attachment 46 iri
the Appendix.
7.5.11. Provisions concerning annual inspections of stormwater control structures
are contained within the Town's water supply watershed protection
ordinance.
7.5.12. The Town will rely on its current water supply watershed protection
ordinance for managing stormwater associated with new development and
redevelopment projects.
7.5.13. Because of limited staff, the Town intends to manage Its post -constructs Oil
runoff program primarily through the administration of the Town's current
water supply watershed protection ordinance.
7.5.14. "file Town will document the slumber of development projects that receive
high -density permits as well as the number of projects that are developed
under the low -density option.

7.6. Pollution Prevention/Good Housekeeping for Municipal Operations
7.6.1. A BMP Summary Table for this component of the "Town"s stormwater
program can be in Table 7.6.1.
Table 7.6.1
' BMP
Measurable Goals
(a) Develop an operation and
Develop an operation and maintenance program that has
maintenance program
the ultimate goal of preventing or reducing pollutant
runoff from municipal operations.
(b) Inspection and evaluation
Develop an inventory of all facilities and operations
of facilities, operations, and
owned and operated by the permittec with the potential
the MS4 SyStCnl and
for generating polluted stormwater runoff. including the
associated structural BN,1Ps
MS4 system and associated structural BM [Is. Inspect
potential sources Of polluted runoff; the stormwater
controls, and conveyance systems. Evaluate the sources,
document deficiencies, plan corrective actions, and
document the accomplishment ofcorrcetive actions.
(c) Conduct staff training
Conduct staff training specific for pollution prevention
and good housekeeping procedures.
(d) Revie"' of municipality
Conduct annual review of the Industrial activities with a
owned or operated regulated
Phase I NPDES stormwater permit owned and operated
industrial activities
by the penniltee. Review the following aspects: the
Storlllwater PO11UtlOI1 Prevention Piall WIM-C One Is
I-CCll[ired, the timeliness ofany monitoring reports
rCClulred by the Phase I perrlllt, and the results of
1nSpeCtIOnS arld SUbsequent f011oW-Up a01011S at the
facilities.
7.6.2. Except for its sanitary sewer system, all of the Town's municipal
operations are either outsourced, such as solid waste pickup and road
maintenance, or handled by other entities, such water line extension and
maintenance by the Rutherford College Water Corporation. The Town
does not own or operate any industrial facilities that have received a
General Stormwater Permit.
7.6.3. Maintenance and inspections associated with the Town's sanitary sewer
system are handled on an as needed basis by a local consulting
engineering firm.

7.6.4. The Town owns one vehicle for utility maintenance, but does not own any
vehicles that handle road maintenance or snow and ice removal
responsibilities.
7.6.5. Waste materials from the MS4 are extracted or skimmed off. The
collected wastes are transported to the Burke County landfill tor disposal.
7.6.6. Except for several lots in Harbor Ridge Subdivision which is located
adjacent to the Catawba River, the Town does not contain any floodways
or floodplains within its planning area. The Town has adopted FLMA's
Flood Damage Prevention Ordinance.
7.6.7. The Town's water supply watershed protection ordinance will be re-
evafuated to determine if changes should be Horde to render this ordinance
more effective in minimizing runoff associated with new developmcnt,
encouraging more compact development projects, and providing greater
protection of natural waterways.
7.6.9. The Town has one part-time employee that does repair work on the
Town's water and sewer system, and owns only about three acres of
property. Fleet and building maintenance activities are minimal. Water
line installation and maintenance is probably one of the larger categories
of land disturbing activities that occur within the Town on an annual basis.
Subcontractors handle all of the repairs made to Town -owned streets.
Garbage collection in Town is handled by a private firm (GDS).
7.6. 10. The Town will document the number training hours received by "['own
employees. Changes in municipal and contractor operations that are made
to recluse stormwater impacts will also be documented.

APPENDIX

ATTACHAll ENT #1
Zoning Map for Rutherford College

ATTACHMENT ##2
NC Division of Water Quality 303d List

NC Division of Water Quality 303d List
Use
DWQ Subbasin
Watersheds
County
upport
Reason for
Parameter
Listing
ate Jon'
rA
Rating
of Interest
Year
YOUNGS FORK
Biological
(COPERNING CREEK)
quatic
30501010401
McDowell
Criteria
Benthos
1998
From source to Marion
Life
Exceeded
W WT1).
YOUNGS FORK
(COPERNING CREEK}
Aquatic
Biological
FishCom
From Marion WWTP to
30501010401
McDowell
Life
Li
Criteria
Benthos
199R
Exceeded
North Muddy Creek.
CLARK CREEK
(SHOOKS LAKE) From
Biological
03050102040,
Aquatic
Miller Branch to 09 mile
030501020403
Catawba
Life
Criteria
Benthos
1999
upstream of Walker
Exceeded
Creek.
SPAINI'IOUR CREEK
Biological
Aquatic
From source to Johns
3050101070E
Caldwell
Life
Criteria
Benthos
2000
River.
Exceeded
Biological
GREASY CREEK From
30501010
Caldwell
Aquatic
Criteria
Benthos
2000
SR 1305 to Lower Creek.
Life
Exceeded
Biological
BRISTOL CREEK From
Aquatic
source to Lower Creek.
30501010703
Caldwell
Life
Criteria
Benthos
2000
Exceeded
HUNTING CREEK l rom
a pointl.0 mile upstream
Biological
m
Of Burke ConV SR 1940
30501010504
BurkeLife
Aquatic
Criteria
FishCom
2006
to a point 0.4 mile
Exceeded
downstream of Pee Dee
Branch.
CATAWBA RIVER
(Rhodhiss Lake below
elevation 996) From
03050101080,
Caldwell
Aquatic
Standard
Fligh pH
2O06
030501010902
Burke
Life
Violation
Johns River to Rhodhiss
Dam,
IRISH CREEK From
Biological
Aquatic
Roses Creek to Warrior
30501010502
Burke
Criteria
FishCom
2006
E.
Life
Fork
Exceeded
MCGALLIARD CREEK
Biological
From a point 0.6 mile
Aquatic
FishConi,
of mouth to
30501010801
Burke
Li
Criteria
Benthos
2002006upstream
Exceeded
Rhodhiss Lake, Catawba

River.
FIORSEFORD CREEK
Biological
From Frye Creek to a
30501010804
Catawba
Aquatic
Criteria
Benthos
2006
point 0.7 mile upstream of
Life
mouth
Exceeded
MAIDEN CRI?EK From
source to a point 0.7 mile
Etiological
m upstreafrom
30501020402
Catawba
Aquatic
Criteria
13enthos
2006
I_rf�
f backwaters oMaiden
E:xceedcd
Reservoir.
CATAWBA RIVER
(including backwaters of
Luke .lames below
03050101010,
elevation 1200) From
03050101010,
Mcl7owe11
Aquatic
Standard
I'urhidity
2008
Dam at Old Fort
03050101030,
Litt
Violation
Finishing Thant Water
030501010105
Supply Intake to North
Fork Catawba River,
VVI I_SON CRELK From
03050101060,
Caldwell
Aquatic
Standard
Source to Johns River
03050101060,
Avery
Lafe
Violation
Low PH
2008
030501010605
LOWER L,I'ITLE RIVER
From Source to a point 0.5
03050101 100,
Alexander
Aquatic
Standard
Low pEE
2008
mile upstream of
03050101 1003
Lifc
Violation
Stirewalt Creek.
SOUTH FORK
03050102020,
CATAWBA RIVER
030501U2030,
Catawba
Aquatic
Standard
Low pl I
2008
From source to Catawba-
030501020301
Life
Violation
Lincoln county Lino.
[EENRY FORK From
03050102010,
Aquatic
Standard
State Route 1 124 to Statc
030501020102
Catawba
L ife
Violation
Low PH
2008
Route 1143
HENRY FORK From
Aquatic
Standard
State Route 1 143 to Jacob
30501020103
Catawba
Lifc
Violation
Turbidity
2008
Fork.
CLARK CREEK From a
point 0.9 mile upstream of
30501020403
Catawba
Aquatic
Standard
Turbidity
2008
Walker Creek to South
Life
Violation
Fork Catawba River.

ATTACHMENT O

Town of Rutherford College Organizational Chart
Council Members
Name
Title
Jim O. I-luffman
Mayor
Richard Icard
Pro Tern/Council
Jennifer Abernethy
Council
Yates Jensen Jr.
Council
Gary B. McClure
Council
William Satterwhite
Council
"Thomas A. Wallrichs
Council
Planning, Board
Ronnie Rector
Chairman
Mark Stinson
Vice Chair
Glenn Van Florn
Board Member
Laura Mancini
Board Member
Jeff l'arrar
Board Member
Zachary Cagle
Board Member
Kress Berry
Board Member
Town Staff
Gaynell Donnelly
Town Administrator
James Ayers
Attorney
Jessica Bargsley
Clerk
Jim Stockton
Director of Utilities
Nancy Suddcrth
Utility/"Tax Collector
LaVaida Baker
Assistant Utility/Tax Collector
Term Expires
2013
2011
2013
2013
2013
2011
2011

ATTACHMENT #4
` OWII Of'Rutherford College Proposed
Illicit Discharge Ordinance

ILLICIT DISCHARGES AND CONNECTIONS
(A) Illicit Discharges
No person shall cause or allow the discharge, emission, disposal, pouring, or
pumping directly or indirectly to any stormwater conveyance, the waters of the
State, or upon the land In manner and amOUnt that the substance is likely to reach
a stormwater conveyance or the waters of the State, any liquid, solid, gas, or other
substance, other than stormwater; provided that non-stormwater discharges
associated with the following activities are allowed and provided that they do not
significantly impact water quality:
(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration (as defined at 40 CFR
35.2005(20));
(6) Uncontaminated pumped ground water;
(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;
(l 5) Individual residential car washing;
(16) Flows from riparian habitats and wetlands;
(17) Dechlorinated swimming pool discharges;

(18) Street wash water; and
(19) Other non- storm water discharges for which a valid NPDES discharge
permit has been approved and issued by the State of North Carolina, and provided
that any such discharges to the municipal separate storm sewer system shall be
authorized by the Town of Rutherford College.
Prohibited substances include but are not limited to: oil, anti -freeze, chemicals,
animal waste, paints, garbage, and litter.
(B) Illicit Connections
(1) Connections to a stormwater conveyance or stormwater conveyance
system that allow the discharge of non-stormwater, other than the exclusions
described in subsection (A) above, are unlawful. Prohibited connections include,
but are not limited to: floor drains, waste water from washing machines or
sanitary sewers, wash water from commercial vehicle washing or steam cleaning,
and waste water from septic systems.
(2) Where such connections exist in violation of this section and said
connections were made prior to the adoption of this provision or any other
ordinance prohibiting such connections, the property ovi-nee or the person using
said connection shall remove the connection within one year following the
effective date of this ordinance. However, the one-year grace period shall not
apply to connections which may result in the discharge of hazardous materials or
other discharges which pose an immediate threat to health and safety, or are likely
to result in immediate injury and harm to real or personal property, natural
resources, wildlife, or habitat.
(3) Where it is determined that said connection:
a. May result in the discharge of hazardous materials or play pose all
immediate threat to health and safety, or is likely to result ill illlillediate
injury and ]farm to real or personal property, natural resources, wildlife, or
habitat, or
b. Was made in violation of any applicable regulation or ordinance, other
than this section;
the Stormwater Administrator shall designate the time within which the
connection shall be removed. In setting the time limit for compliance, the
Stormwater Administrator shall take into consideration:
The quantity and complexity of the work,
The consequences of delay,

3. "IThe potential harm to the environment, to the public health, and to public
and private property, and
4. The cost of remedying the damage.
(C) Spills
Spills or leaks of polluting substances released, discharged to, or having the
potential to released or discharged to the stormwater conveyance system, shall be
contained, controlled, collected, and properly disposed. All affccted areas shall be
restored to their preexisting condition.
Persons in control of the polluting substances immediately prior to their release or
discharge, and persons owning the property on which the substances were
released or discharged, shall immediately notify the TOW11 of Rutherford College
ofthe release or discharge; as well as making any required notifications under
state and federal law. Notification shall not relieve any person of any expenses
related to the restoration, loss, damage, or any other liability which may be
incurred as a result ofsaid spill or leak, nor shall such notification relieve any
person from other liability which may be imposed by State or other law.
(1)) Nuisauce
Illicit discharges and illicit connections which exist within the Town of'
Rutherford College are hereby found, deemed, and declared to be dangerous or
prejudiced to the public health or public safety and are found, deemed, and
declared to be public nuisances. Such public nuisances shall be abated in
accordance with the procedures set forth ill Article F, section 3 of "town of'
Rutherford College Ordinances.

ATTAC U1 NI ENT #S
EPA Storm Water Management fact Sheet — Visual inspection

Attachment 6
United States Office of Water 832-F-99-046
Environmental Protection Washington, D.C. September 1999
Agency
AVEPA
Storm Water
Management Fact Sheet
Visual Inspection
DESCRIPTION ADVANTAGES AND DISADVANTAGES
Visual inspection is a Best Management Practice
(BMP) in which members of a Stonn Water
Pollution Prevention Team visually exarnine
material storage and outdoor processing areas, the
storm water discharges from such areas, and the
environment in the vicinity of the discharges, to
identify contaminated runoff and its possible
sources.
In a visual inspection, storm water runoff may be
examined for the presence of floating and
suspended materials, oil and grease, discoloration,
turbidity, odor, or foam; and storage areas may be
inspected for leaks from containers, discolorations
on the storage area floor, or other indications of a
potential for pollutants to contaminate storm water
runoff.
Visual inspections may indicate the need to modify
a facility to reduce the risk of contaminating runoff.
APPLICABILITY
The U.S. EPA has recognized visual inspection as
a baseline BMP for over 10 years. Its
implementation, however, has been sporadic.
Implementation may increase as more facilities
develop Storin Water Pollution Prevention Plans.
Implementation may also increase as facility
management recognizes visual inspection to be
effective both in protecting water quality and in
reducing costs,
Visual inspections are an effective way to identify
a variety of problems. Correcting; these problems
can improve the water quality of the receiving
water.
Limitations associated with visual inspections
include the following;:
• Visual inspections are effective only for
those areas clearly visible to the hurnan eye.
• The inspections need to be performed by
qualified personnel.
• To be effective, inspections must be carried
out routinely. This requires a corporate
commitment to implementing; them.
• Inspectors need to be properly motivated to
perform a thorough visual inspection.
KEY PROGRAM COMPONENTS
Visual inspections for signs of' storm water
contamination should be performed routinely.
Flows should be observed during dry periods to
detennine the presence of any stains, sludge, odors,
and other abnormal conditions.
Visual inspections should also be made at all storm
water discharge outlet locations' during; the first
hour of a storm event, once runoff leas reached its
maximum flow rate. Inspectors should examine tlic
discharge for the presence of' floating. and
suspended materials, oil and grease, discoloration,
turbidity, foam, or odor.

Inspection frequency interval may be determined by
the storm water discharge permit, by storm
frequency, or by the potential risk from the site.
Inspections should be made at least once a month in
areas with frequent storms; inspections may be less
frequent where storms are less frequent. Finally,
inspection frequency may be based in part on the
history of previous spills and leaks. Experienced
personnel should evaluate the causes of previous
accidents, assess the risks for future accidents, and
determine an inspection schedule based on these
risks.
Proper records of inspection results must be kept.
The record for each inspection should include the
date of the inspection, the names of the personnel
who performed the inspection, and their
observations.
Visual inspections of it facility should focus on the
following key areas:
• Storage facilities.
• Transfer pipelines.
• Loading and unloading areas.
• Pipes, pumps, valves, and fittings.
• Tanks (including internal and external
inspection of the tank for corrosion and
inspection of its support or foundation for
deterioration).
• Primary or secondary containment facilities
• Shipping containers.
In addition, a visual inspection should include
assessing the integrity of the storm water collection
system; checking for leaks, seepage, and overflows
from sludge and waste disposal sites; and ensuring
that dry chemicals and dust from industrial areas is
not exposed to wind or other elements that may move
theln Into the runoff.
IMPLEMENTATION
A visual inspection BMP program should be
incorporated into every storm water discharger's
record keeping and internal reporting structure.
Outfall flow rates and the presence of oil sheens,
floatables, coarse solids, color, and odors will
probably be the most useful indicators of potential
problems. Specific parameters to look for in
completing a visual inspection include the
following:
Odor: Discharge odors can vary widely.
Some may indicate the source of
contamination. Industrial discharges may
smell like a particular spoiled product, oil,
gasoline, a specific chemical, or a solvent.
For example, the decomposition of organic
wastes in a discharge will release sulfide
compounds, creating an intense smell of
rotten eggs. Significant sanitary
wastewater contributions will also cause
pronounced and distinctive odors.
• Color: Color may indicate inappropriate
discharges, especially from industrial
sources. Industrial discharges may be any
color. Dark colors, such as brown, gray, or
black, are most common. For instance,
flow contaminated by meat processing
industries is usually a deep reddish -brown.
Paper mill wastes (plating -mill wastes) are
often yellow. Wash water from cement and
stone working plants can cause cloudy
discharges. Contamination from industrial
areas may come from process waters (slug
or continuous discharges); From equipment
and work area wash water discharged to
floor drains; or from spills washed into
storm drains.
• Turbidity: Turbidity is often affected by the
degree of gross contamination. Industrial
flows can be cloudy (moderately turbid) or
opaque (highly turbid). Undiluted industrial
discharges, such as those coming from
continual flow sources or intermittent spills,
are often highly turbid. Sanitary wastewater
IS a1S0 Often Cloudy En nature.

Floatable matter: A contaminated flow may
also contain Floatable solids or liquids.
Identifying floatables can aid in finding the
source of the contamination, because these
substances are usually direct products or
byproducts of the manufacturing process or
the sanitary system. Examples of floatables
of industrial origin are animal fats, spoiled
food products, oils, plant parts, solvents,
sawdust, foams, packing materials, and fuel.
Deposits and Stains: Deposits and stains
(residues) are any type of coating that
remains after a non -storm water discharge
has ceased. Deposits or stains usually are of
a dark color and usually cover the area
surrounding the storm water discharge.
They often contain fragments of floatable
substances, and, at times, take the form of a
crystalline or amorphous powder. For
example, contamination from leather
tanneries often produces grayish -black
deposits containing fragments of animal
flesh and hair. Another characteristic
example is the coating of white crystalline
powder formed on sewer outfalls by
nitrogenous fertilizer wastes.
Vegetation: Stone water discharges often
affect surrounding vegetation. Industrial
pollutants often cause a substantial
alteration in the chemical composition and
pH of the discharge water, which can affect
plant growth even when tite source of
contamination is intermittent. For example,
nutrients from various food product wastes
increase plant growth. In contrast, the
discharge of chemical dyes and inorganic
pigments From textile mills may decrease
vegetation, as these discharges are often
very acidic. In either case, even when the
pollution source is gone, the vegetation
surrounding the discharge will continue to
show the effects of the contamination.
In order to accurately judge ifthevegetation
surrounding a discharge is normal, the
observer must take into account recent
weather conditions, as well as the time of
year. Increased or inhibited plant growth
near stone water discharges, as we] I as dead
and decaying plants, is often a sign of
pollution. However, it is important to
distinguish whether plant damage is caused
by contamination or by the physical effects
of increased flows, such as scour. This can
be done by chemically analyzing the flow or
by confirming its source through additional
visual inspections.
Structural Damage: Structural damage is
also a sign of industrial discharge
contamination. Cracked or deteriorated
concrete or peeling surface paint at an
outfall usually indicates the presence of
severely contaminated discharges.
Contaminants causing this type of damage
are usually very acidic or basic and are
usually of industrial origin. For instance,
discharges from primary metal industries
may cause structural damage because their
batch dumps are highly acidic.
The effectiveness visual inspections in reducing
storm water runoff contamination is highly variable
and dependent upon site -specific parameters.
These factors include inspectors' motivation level,
the types of industrial activity occurring at the
facility, and the facility's maintenance procedures:
Because familiarity with facility operations is
essential in performing effective visual inspections,
the inspections should be assigned to qualified staff
such as maintenance personnel or environmental
engineers. Figure I provides a sample visual
evaluation worksheet that can be used to record the
results of the inspections.
COSTS
Costs for performing the visual inspection 13MP are
minimal and consist of direct labor and overltead
costs for staff hours spent on training, planning
inspections, inspecting, and completing follow up
activities. Annual costs can be estimated using the
example in Table I. Figure 2 can be used as a
worksheet to calculate the estimated annual cost for
implementing a visual inspection program.

Outfall # _ Photograph #
Date: _____________
Location:
Weather: air temp.: ________QC rain: Y N
sunny
cloudy
Outfall flow rate estimate; Ltsec
Known industrial or commercial uses in drainage area?
Y N
Describe:
PHYSICAL OBSERVATIONS
Odor: none sewage sulfide oil
gas
rancid -sour other:
Color: none yellow brown
green
gray other:
Turbidity: none cloudy opaque
Floatables: none petroleum sheen
sewage
other: _ __ (collect sample)
Deposits/stains: none sediment
oily
describe: (collect sample)
Vegetation conditions: normal excessive growth
inhibited growth
extent:
Damage to outfall structures:
identify structure:
damage: none / concrete cracking ! concrete spalling
t peeling paint 1 corrosion
other damage:
extent:
Source: Pitt, et. al, 1992.
FIGURE 1 VISUAL INSPECTION WORKSHEET
REFERENCES
1. California Environmental Protection
Agency, 1992. Staff Proposal for
Modification to Water Quality Order No.
91-13 DWQ Waste Discharge
Requirements for Dischargers of Storm
Water Associated with Industrial Activities,
Draft Wording, Monitoring Program and
Reporting Requirements.
3. U.S. EPA, 1981. NPDES BMP Guidance
Document.
4. U.S. EPA. Pre-print, 1992. Storm Water
Management for Industrial Activities:
Developing Pollution Prevention Plans and
Best Management Practices. EPA 832-R-
92-006.
ADDI'1'IONAi, INFORMATION
2. Pitt R., I). 13arbe, D. Adrian, and R. Field, Center for Watershed Protection
1992. Investigation of Inappropriate Tom Scheeler
Pollutant Entries into Storm Drainage 8391 Main Street
Systems -A Users Guide. U.S. EPA, Edison, Ellicott City, MD 21043
NJ.

ATTACHMENT #6
Rutherford College Water Supply Watershed Protection Ordinance

64
ARTICLE X
WATERSHED PROTECTION
100.1 Authority and Enactment.
The Legislature of the State of North Carolina has, in Chapter 160A, Ordinance 19,
Planning and Regulation of Development; and in Chapter 143, Ordinance 21,
Watershed Protection Rules, delegated the responsibility or directed local
govel-ilrilental units to adopt regulations designed to promote the public health,
safety, and general welfare of its citizenly. The Town of Rutherford College, North
Carolina ("the Town"), does hereby ordain and enact into law the following articles
as the Watershed Protection Ordinance of Rutherford College, North Carolina.
100.2 Jurisdiction.
The provisions of this Ordinance shall apply within tile overlay zones designated as
a Public Water Supply Watershed as defined and established on the "Official
Zoning Map of Rutherford College, North Carolina" ("the Zoning Map"), such
overlay zones being adopted simultaneously herewith. The Watershed Map and all
explanatory matter contained thereon accompanies and is hereby made a part of this
Ordinance. This Ordinance shall be permanently kept on file in the office of the
Town Clerk.
100.3 Exceptions to Applicability.
(A) Development activities that do not require a Sediillentationll-H-rosiol Control flan
are exempt from the requirements of this Section.
(B) Existing development, as defined in this Ordinance, is not subject to the
requirements of this Ordinance. Existing development is defined as tliose projects
that are built or those projects that at a minimum have established a vested right
under North Carolina zoning law as of the effective date of this Ordinance based on
at least one of the following criteria:
(1) ]laving expended substantial resources (time, labor, nloncy) based oil a good
faith reliance upon having received a valid local government approval to
proceed with the project,
(2) having all outstanding valid building perillit as authorized by NCGS 153A-
344.1 and NCGS 160A-385.1, or

65
(3) having an approved site specific or phased development plan as authorized by
NCGS 153A-344.1 and NCGS 160A-385.1.
(C) Expansions to structures classified as existing development must meet the
requirements of this Ordinance; however, the built -upon area of the existing
development is not required to be included in the density calculations.
(D) Reconstruction of Buildings or Built -Upon Areas. Any existing building or built -
upon area not in conformance with the restrictions of this Ordinance that has been
damaged or removed may be repaired and/or reconstructed, except that there are no
restrictions on single-family residential redevelopment, provided:
(1) Repair or reconstruction is initiated within twelve (12) months and completed
within two (2) years of such damage.
(2) The total amount of space devoted to built -upon area may not be increased
unless stormwater control that equals or exceeds the previous development is
provided.
(E) If a non -conforming lot of record is not contiguous to any other lot owned by the
same part, then that lot of record shall not be subject to the development
restrictions of this ordinance if it is developed for single family purposes.
100.4 Cluster or Planned Unit Development.
Cluster or Planned Unit Development is allowed in all Watershed Areas under the
1011owing conditions:
(A) Development activities shall comply with the requirements of Sections 84
and Section 85 of this Ordinance.
(B) All built -upon areas shall be designed and located to minimize stormwater
runoff impact to the receiving waters and minimize concentrated stormwater
flow.
(C) The remainder of the tract shall remain in a vegetated or natural state. The
title to the open space area shall be conveyed to an association for
management; to a local government for preservation as a park or open space;
or to a conservation organization for preservation in a permanent easement.
Where a property association is not incorporated, a maintenance agreement
shall be filed with the deeds.

66
100.5 Buffer Areas Required.
(A) A minimum one hundred (100) foot vegetative buffer is required for all new
development activities that exceed the low density option; otherwise, a
minimum thirty (30) toot vegetative buffer for development activities is
required along all perennial waters indicated in the most recent versions of
USGS 1:24,000 (7.5 minute) scale topographic maps or as determined by
local govcniment studies. Artificial stream bank or shoreline stabilization is
permitted.
(B) No new development is allowed in the buffer except for water dependent
structures, other structures such as flag poles, signs and security lights which
result in only diminutive increase in impervious area, and public projects
such as road crossings and greenways where no practical alternative exists.
These activities should minimize built -upon surface area, direct runoffaway
from the surface waters and maximize the utilization of stormwater Best
Management Practices, defined as a structural or nonstructural management -
based practice used singularly or in combination to reduce non -point source
inputs receiving waters in order to achieve water quality goals.
100.6 Watershed Administrator and Duties Thereof.
The Rutherlord College Town Council shall appoint a Watershed Administrator,
who shall be duly sworn in. It shall be the duty of the Watershed Administrator to
administer and enforce the provisions of this Ordinance as follows:
(A) The Watershed Administrator shall issue Watershed Protection Permits and
Watershed Protection Occupancy Permits as prescribed herein. A record of
all permits shall be kept on file and shall be available for public inspection
during regular office hours of the Administrator.
(B) The Watershed Administrator shall serve as staff to the Watershed Review
Board.
(C) The Watershed Administrator shall keep records of ail amendments to the
local Water Supply Watershed Protection Ordinance and shall provide copies
of all amendments upon adoption to the Water Quality Section; of. the
Division of Environmental Management.
(D) The Watershed Administrator is granted the authority to administer and
enforce the provisions of this Ordinance, exercising in the fulfillment of Ills
responsibility the full zoning and police power of the "Down of Rutherford
College. The Watershed Administrator, or his duly authorized representative,

67
may enter any building, structure, or premises, as provided by law, to perform
any duty imposed upon him by this Ordinance.
(E) The Watershed Administrator shall keep a record of variances to the local
Water Supply Watershed Protection Ordinance. This record shall be
submitted each calendar year to the Water Quality Section, of the Division of
Environmental Management on or before January first of the following
calendar year and shall provide a description of each project receiving a
variance and the reasons for granting the variance.
100.7 Appeal from the Watershed Administrator.
(A) Any order, requirement, decision or determination made by the Watershed
Administrator may be appealed to and decided by the Board of Adjustment.
(B) An appeal from a decision of the Watershed Administrator must be submitted
to the Board of Adjustment within thirty (30) days from the date the order,
interpretation, decision or determination is made. All appeals must be made
in writing stating the reasons for appeal. Following submission of an appeal,
the Watershed Administrator shall transmit to the Board all papers
constituting the record upon which the action appealed from was taken.
(C) An appeal stays all proceedings in furtherance of the action appealed, unless
the officer from whom the appeal is taken certifies to the Board after the
notice of appeal has been filed with him, that by reason of facts stated in the
certificate, a stay would in his opinion cause imminent peril to life or
property. In such case, proceedings shall not be stayed otherwise than by a
restraining order which maybe granted by the Board or by a court of record
on application of notice of the officer from whom the appeal is taken and
upon due cause shown.
(D) The Board shall fix a reasonable time for hearing the appeal and give notice
thereof to the parties and shall decide the same within a reasonable time. At
the hearing, any party may appear in person, by agent or by attorney.
100.8 Establishment of Watershed Review Board.
There shall be and hereby is created the Watershed Review Board consisting of the
same membership as the Rutherford College Town Council. Terms for members of
the Watershed Review Board shall coincide with the membership terms for Town
Council.
100.9 Powers and Duties of the Watershed Review Board and Board of Adjustment.

68
(A) The Board of Adjustment shall be responsible for reviewing and hearing all
minor and major watershed variance cases. When hearing minor variance
cases, the Board shall proceed as provided in Article XVl of the Zoning
Ordinance for zoning variances.
(B) When a variance is considered the Board shall notify each municipality with
judisdiction in the area and the entity using the watershed for consumption, tell( 10)
clays in advance.
(C) lithe application calls for the granting of a major watershed variance, and if
the Board of Adjustment decides in favor or granting the major watershed
variance, the Board shall prepare a preliminary record of the hearing with all
deliberate speed. The preliminary record of the hearing shall include:
(1) The variance applications;
(2) The hearing notices;
(3) The evidence presented;
(4) Motions, offers of proof, objections to evidence, and rulings on them;
(5) Proposed findings and exceptions;
(6) The proposed decision, including all conditions proposed to be added
to the permit.
(D) The preliminary record shall be sent to the Environmental Management
Commission for its review as follows:
(1) If the Commission concludes ti-om the preliminary record that the
variance qualifies as a major variance and that (1) the property owner
can secure no reasonable return fi-om, nor make any practical use of
the property unless the proposed variance is granted, and (2) the
variance, if granted, will not result in a Serious threat to the water
supply, then the Commission shall approve the variance as proposed
or approve the proposed variance with conditions and stipulations.
The Commission shall prepare a Commission decision and send it to
the Board of Adjustment. If the commission approves the variance as
proposed, the Board shall prepare a final decision granting the
proposed variance. Ifs the Commission approves the variance with
conditions and stipulations; the Board shall prepare a final decision,

69
including such conditions and stipulations, granting the proposed
variance.
(2) If the Commission concludes from the preliminary record that the
variance qualifies as a major variance and that (1) the property owner
can secure a reasonable return from or make a practical use of the
property without the variance or (2) the variance, if granted, will
result in a serious threat to the water supply, then the Commission
shall deny approval of the variance as proposed. The Commission
shall prepare a commission decision and send it to the Board of
Adjustment. The Board shall prepare a final decision denying the
variance as proposed.
(E) Approval of all development greater than the low density option shall be the
authority of the Watershed Review Board subject to the requirements of
Section 100.11.
100.10 Appeals from the Watershed Review Board or Board of Adjustment.
Appeals from the Board of Adjustment must be tiled with the Superior Court within
30 days from the date of the decision. The decisions by the Superior Court will be in
the manner of certiorari.
100.11 High Density Development Standards.
The Watershed Review Board may approve high density development proposals
consistent with the following standards:
Where new development requires a Scdimentation/Erosion Control Plan and exceeds
either 2 dwelling units per acre. 24% built -upon area (or 3 dwelling units per acre or
361/0 built -upon area for projects without curb and gutter street system in the WS-4-
PA), engineered stormwater controls shall be used to control runoff from the first
inch of rainfall and development shall not exceed 70% built -upon area in the WS-4-
Protected Area and 50% in the WS-4-Critical Area.
100.12 High Density Development Permit Application.
(A) A 1-ligh Density Development Permit shall be required for new development
exceeding the requirements of the low density option.
(B) Application for a High Density Development Permit shall be addressed and
submitted to the Town Council through the Watershed Administrator.

70
Application for a High Density Development Permit shall be made on the
proper form and shall include the following information:
(1) A completed High Density Development Permit Application signed
by the owner of the property. The signature of the consulting engineer
or other agent will be accepted on the application only if accompanied
by a letter of authorization;
(2) Ten (W) reproducible copies of the development plan within the
drainage basin including the applicable information listed in
Appendix A: Application Forms, Subdivision Plat Checklist and
detailed information concerning built-Upoll area;
(3) Ten (10) reproducible copies of the plans and specifications of the
stormwater control structure consistent with Section 100.13:
(4) When required by law, written verification that it soil erosion and
sedimentation control plan has been approved by the appropriate
State or local agency;
(5) Permit Application Fccs consistent with Section 100.16;
(C) Prior to taking final action on any application, the Board or the Watershed
Administrator may provide an opportunity to public agencies affected by the
(level opin ent proposal to review and make recommendations on the
application. However, failure of the agencies to submit their comments and
recommendations shall not delay the Board's action within the; prescribed
time limit.
(D) Public Hearing. Upon receipt of a completed application, the Towel Council
shall hold a public hearing. Notice of the hearing shall be published in a
newspaper of general circulation at least seven clays prior to the date of the
hearing. Tile notice shall state the location of the building, lot or tract in
question, the intended use of the property, the need for engineered storniwater
controls and the time and place ofthe hearing. At the hearing, the applicant
or designated representative thereof shall appear for the purposes of offering
testimony and recommendations concerning the application. The Board shall
also allot reasonable time for the expression of views by any member of the
public attending the meeting in person or represented by an attorney provided
the testimony bears on the findings the Board must make.
(E) The Town Council shall issue a High Density Development Permit within
sixty-five (65) days of its first consideration upon finding that the proposal is

71
consistent with the applicable standards set forth in the Watershed Protection
Ordinance and the following conditions are met:
(1) The use will not endanger the public health or safety if located where
proposed and developed according to the plan as submitted and
approved;
(2) The use minimizes impacts to water quality through the Best
Management Practices, cluster development, and/or maximum
setbacks from perennial waters;
(3) The use is vital to the continued growth and economic development
of the Town of Rutherford College.
(4) The use is consistent with the officially adopted land development
plans for the Town of Rutherford College.
If the Town Council finds that anyone of the above conditions is not met, the
Board shall deny the application.
(F) In addition to any other requirements provided by this Ordinance, the Board
may designate additional pennit conditions and requirements to assure that
the use will be harmonious with the area in which it is proposed to be located
and with the spirit of this Ordinance. All additional conditions shall be
entered in the minutes of the meeting at which the permit is granted, on all
plans and on the permit certificate. All conditions so imposed shall run with
the land and shall be binding upon the applicant and the applicant's heirs,
successors or assigns during the continuation of the permitted use.
(G) The Board shall issue a written ruling and make copies available at the office
of the Watershed Administrator and the Town Clerk. If the Board approves
the application based oil its Findings, such approval shall be indicated on the
permit and all copies of the site plan and all copies of the plans and
specifications of the stormwatcr control structure(s). A High Density
Development Permit shall be issued after the applicant posts a performance
bond or other acceptable security as required in Section 100.14(B)(1) and
executes an Operation and Maintenance Agreement as required in Section
100.14(C). A copy of the permit and one copy of'each set of plans shall be
kept on file at the Watershed Administrator's office. The original pennit and
one copy of each set of plans shall be delivered to the applicant either by
personal service or registered mail, return receipt requested.
100.13 Storinwater Control Structures.

72
(A) All stormwater control structures shall be designed by a North Carolina
registered professional engineer. Other stormwater systems shall be designed
by a North Carolina registered professional with qualifications appropriate for
the type of system required; these registered professionals are defined as
professional engineers or landscape architects, to the extent that the General
Statutes, Chapter 89A allow and land surveyors, to the extent that the design
represents incidental drainage within a subdivision, as provided in General
Statutes 89(C)-3(7).
(B) All stormwater controls shall use wet detention ponds as a primary treatment
system unless alternative stormwater management pleasures, as outlined ill
Section 100.13(C), are used. Wet detention ponds shall be designed I()r
speci fic pol lutant removal according to model ing teclllliques approved by the
North Carolina Division of Epvlronnic11tal Management. Specific
requirements for these systems shall be in accordance with the following
design criteria:
{ I) Wet detention ponds shall be designcd to remove 85% of total
suspended solids in the permanent pool and storage run-off front a
one -inch rainfall from the site above the permanent pool;
(2) The designed run-off storage volume shall be above the perniallept
pool;
(3) The discharge rate from these systems following the one -inch rainfall
design storm shall be such that the run-off does not draw down to the
permanent pool level in less than two (2) days and that the pond is
drawn down to the permanent pool level within at least five (5) days;
(4) The mean permanent pool depth shall be a minimum of three (3) feet;
(5) "rile inlet structure shall be designed to mininli7C tUrbUlellCe nsplg
baffles or other appropriate design features;
(6) Vegetative filters shall be constructed for the overflow and discharge
of all stormwater wet detention ponds and shall be at least thirty feet
in length. The slope and width of the vegetative filter shall be
determined so as to provide a non -erosive velocity of flow through
the filter for a ten-year, 24-hour storm with a ten-year, one -]lour
intensity with a slope of 5% or less. Vegetation in the filter shall be
natural vegetation, grasses or artificially planted wetland vegetation
appropriate for the site characteristics; and

73
(7) All storrn water control structures shall be enclosed by a fence with a
minimum height of six (6) feet.
(C) Alternative storm water management systems, consisting of one treatment
option or a combination of treatment options, may be used, The design
criteria for approval shall be 85 percent average annual removal of Total
Suspended Solids. Also, the discharge rate shall meet one of the following
criteria:
(1) the discharge rate following the 1-inch design storm shall be
such that the runoff draws down to the pre -storm design stage
within five days, but not less than two days; or
(2) the post development peak discharge rate shall equal the
pre -development rate for the l-year, 24 hour storm.
(D) In addition to the vegetative filters required in Section l 00.13(B)(6), all land
areas outside of the pond shall be provided with a ground cover sufficient to
restrain erosion within thirty (30) days after any land disturbance. Upon
completion of the storm water control structure, a permanent ground cover
shall be established and maintained as part of the maintenance agreement
described in Section 100.14(C).
(E) A description of the area containing the storm water control structure shall be
prepared and tiled consistent with Section 100.17(A and B), as a separate
deed with the Burke County Register of Deeds along with any easements
necessary for general access to the storm water control structure. The deeded
area shall include the storm water control structure, vegetative filters, all
pipes and water control structures, berms, dikes, etc., and sufficient area to
perform inspections, maintenance, repairs and reconstruction.
(F) Qualifying areas of the storm water control structure may be considered
pervious when computing total built -upon area. However, it -the structure is
used to compute the percentage built -upon area for one site, it shall not be
used to compute the built -upon area for any other site or area.
100.14 Posting of Financial Security Required.
(A) All new storm water control structures shall be conditioned on the posting of
adequate financial assurance for the purpose of maintenance, reconstruction,
or repairs necessary for adequate perfonnance of the storm water control
structures.

74
(B) Financial assurance shall be in the form of the following:
{ 1) Security Performance Bond or other security. The permit applicant
shall obtain either a performance bond from a surety bonding
company authorized to do business in North Carolina, an irrevocable
letter of credit or other instrument readily convertible into cash at face
value payable to the Town ofRutherford College or placed in escrow
with a financial institution designated as an official depository of the
Town of Rutherford College. The bond or other instrument shall be
in an amount equal to 1.25 times the total cost of the storm water
control structure, as estimated by the applicant and approved by the
Town. The total cost of the storm water control structure shall include
the value ofall ]materials such as piping and other structures; seeding
and soil stabilization; design and engineering; and, grading,
excavation, fill, etc, The costs shall not be prorated as part of Iarger
project, but rather under the assumption of an independent
mobilization.
(2) Cash or Equivalent Security Deposited After the Release of the
Performance Bond. Consistent with Section 100.17(C)(1), the permit
applicant shall deposit with the Town of Rutherford College either
cash or other instrument approved by the Town Attorney that is
readily convertible into cash at face value. The cash or security shall
be in an amount equal to fifteen percent (15°/,) of the total cost ofthe
$tOrlllwater control structure Or the estimated Cost ofmaintaining the
storniNvater control structure over a ten ( l 0) year period, whichever is
greater. The estimated cost of maintaining the stormwater control
structure shall be consistent with the approved operation and
maintenance plan or manual provided by the developer under Section
100.15(A). The amount shall be computed by estimating the
maintenance cost for twenty-five (25) years and multiplying this
amount by two fi fths or 0.4,
(C) Consistent with Section 100.12(G), the permit applicant shall enter into it
binding Operation and Maintenance Agreement between the Town of
Rutherford College and all interests in the development. Said Agreement
shall require the owning entity to maintain, repair and, if necessary,
reconstruct the stormwater Control StrLICtUre ]n accordance with the operation
and management plan or manual provided by the developer. The Operation
and Maintenance Agreement shall be filed with the Burke County Register of
Deeds by the Watershed Administrator.

75
(D) Default under the performance bond or other security. Upon default of the
permit applicant to complete and/or maintain the storm water control
structure as specifically provided in the perfonnance bond or other security,
the Town of Rutherford College may obtain and use all or any portion of the
funds necessary to complete the improvements based on an engineering
estimate. The Town of Rutherford College shall return any funds not spent in
completing the improvements to the owning entity.
(E) Default under the cash security. Upon default of the owning entity to
maintain, repair and, if necessary, reconstruct the storm water control
structure in accordance with the Operation and Maintenance Agreement, the
Town of Rutherford College shall obtain and use all or any portion of the
cash security to make necessary improvements based on an engineering
estimate. Such expenditure of funds shall only be made after exhausting all
other reasonable remedies seeking the owning entity to comply with the terns
and conditions of the Operation and Maintenance Agreement. The Town of
Rutherford College shall not return any of the deposited cash funds.
100.15 Maintenance and Upkeep.
(A) An operation and maintenance plan or manual shall be provided by the
developer for each storm water control structure, indicating what operation
and maintenance actions are needed, what specific quantitative criteria will be
used for determining when those actions are to be taken and, consistent with
the Operation and Maintenance Agreement, who is responsible for those
actions. The plan shall clearly indicate the steps that will be taken for
restoring a storm water control structure to design specifications if failure
occurs.
(B) Landscaping and grounds management shall be the responsibility of the
owning entity. However, vegetation shall not be established or allowed to
mature to the extent that the integrity of the control structure is diminished or
threatened, or to the extent of interfering with any easement to the storrnwater
control structure.
(C) Except for general landscaping and grounds management, the owning entity
shall notify the Watershed Administrator prior to any repair or reconstruction
of the storm water control structure. All improvements shall be made
consistent with the approved plans and specifications of the storm water
control structure and the operation and maintenance plan or manual. After
notification by the owning entity, the Town Engineer shall inspect the
completed improvements and shall inform the owning entity of any required

76
additions, changes or modifications and of the time period to complete said
improvements.
(D) Amendments to the plans and specifications of the storm water control
structure and/or the operation and maintenance plan or manual shall be
approved by the Town Council. Proposed changes shall be prepared by a
North Carolina registered professional engineer and submitted to and
reviewed by tllc Watershed Administrator prior to consideration by the Town
Council.
(1) If the Town Council approves the proposed changes, the owning
entity of the stornlwater control structure shall file scaled copies of'
the revisions with the Office of the Watershed Adnilms'lrator.
(2) 1 f the Town Council disapproves the changes, the proposal may be
revised and resubmitted to the Town Counci I as a new proposal. I f-the
proposal has not been revised and is essentially the same as that
already reviewed, it shall be returned to the applicant.
(E) if the Town Council finds that the operation and nlaitltcrlance plan or manual
is inadequate for any reason, the Board shall notify the owning entity of any
required changes and shall prepare and file copies of the revised agreement
with the Burke County Register of Deeds, the Office of' the Watershed
Administrator and the owning entity.
100.16 Am)lication and Inspection Fees.
(A) Processing and inspection fees shall be submitted in the form of a check or
tlloneyordcr made payable to the"Town of RutheriOrd College. Applications
shall be returned if not accompanied by the required fee.
(B) A penllit and inspection fee schedule, as approved by the "Town of Rutherford
College, shall be posted in the Office of the Watershed Administrator.
(C) Inspection fees shall be valid for sixty (60) days. An inspection fce shall be
required when improvements are made to the stormwater control structure
consistent with Section 100.15(C), except in the case when a similar fee has
been paid within the last sixty (60) days.
100.17 Inspections and Release of the Performance Bond.

77
(A) The stonnwater control structure shall be inspected by the Town, after the
owning entity notifies the Watershed Administrator that all work has been
completed. At this inspection, the owning entity shall provide:
(1) The signed deed, related easements and survey plat for the stonnwater
control structure ready for filing with the Register of Deeds;
(2) A certification sealed by an engineer or landscape architect (to the
extent that General Statutes allow) stating that the stornwater control
stricture is complete and consistent with the approved plans and
specifications.
(B) The Watershed Administrator shall present the materials submitted by the
developer and the inspection report and recommendations to the Rutherford
College Town Council at its next regularly scheduled meeting.
(1) If the Town CoLrncil approves the inspection report and accepts the
certification, deed and easements, the Town shall file the deed and
easements with the Burke County Register of Deeds, release up to
seventy-five percent (75%) of the value of the performance bond or
other security and issue and Certificate of Occupancy for the
stonnwater control structure.
(2) If deficiencies are found, the Town shall direct that improvernents
and inspections be made and documents corrected and SLrbmitted to
the Town.
(C) No sooner than one year after the filing date of the deed, easements, and
maintenance agreement, the developer may petition the Town to release the
remaining value of the performance bond or other security. Upon receipt of
said petition, the Town shall inspect the stonnwater control structure to
determine whether the controls are performing as designed and intended. The
Watershed Administrator shall present the petition and findings to the Town
Council.
(1) If the Town Council approves the report and accepts the petition, the
developer shall deposit with the Town of Rutherford College a cash
amount equal to that described in Section 100.14(B)(2), after which
the Town Council shall release the performance bond or other
security.
(2) If the Town Council does not accept the report and rejects the
petition, the Town shall provide the developer with instructions to

7s
correct any deficiencies and all steps necessary for the release of the
performance bond or other security.
(D) A Certificate of Occupancy shall not be issued for any building within the
permitted development until the Town Council has approved the storrnwater
control structure, as provided in Section 100.17(B).
(E) All stormwater control structures shall be inspected at least on an annual
basis to determine whether the controls are performing as (resigned and
intended. Records of inspection shall be maintained on forms approved or
supplied by the North Carolina Division of Environmental Management.
Annual inspections shall begin within one year of fling date of the decd for
the stornlwater control structure.
(I--) In the event the Watershed Administrator discovers the need for corrective
action or improvements, the Watershed Administrator shall notify the owning
entity of the needed improvements and the date by which the corrective
action is to be completed. All improvements shall be made consistent with
the plans and specifications of the stornlwatcr control structure and the
operation and maintenance plan or manual. After notification by the owning
entity, the Town shall inspect and approve the completes) improvements.
100.18 Remedies.
(A) If any subdivision, development and/or land use is found to be in violation of'
this Ordinance, the Town may, in addition to all other remedies available
either in law or in equity, institute a civil lnenalty in the amount of $50 a clay,
institute actions or proccednngs to restrain, correct, or abate the violations; to
prevent occupancy of the building, structure, or land, or to prevent any illegal
act, conduct, business, or use in or about the premises. In addition, the N.C.
Environmental Management Commission may assess civil penalties in
accordance with G.S. 143 - 215.6(a). Each day the violation continues shall
constitute a separate offense.
(B) IF the Watershed Administrator finds that any of' the provisions of tills
Ordinance are being violated, he shall noti ly in writing tine person responsible
for such violation, indicating the nature of the violation, and ordering the
action necessary to coi-rect it. He shall order discontinuance of the illegal use
of land, buildings or structures; removal of illegal buildings or structures, or
of additions, alterations or structural changes thereto; discontinuance of any
illegal work being done; or shall take any action authorized by this Ordinance
to cnsure connplianec with or to prevent violation of its provisions. I fa ruling

79
of the Watershed Administrator is questioned, the aggrieved party or parties
may appeal such ruling to the Board of Adjustment.
100.19 Sanctions.
In addition to the remedies described in Section 100.18 of this Ordinance and
consistent with G.S. 160A-175, the Rutherford College Town Council may
seek enforcement of this Ordinance by assessing a civil penalty to be
recovered by the Town in a civil action in the nature of debt if the offender
does not pay the penalty in a prescribed period of time after being cited for
violation of the Ordinance. Such violation may be enforced by an appropriate
equitable remedy issuing fi-om a court of competent jurisdiction. The court
may issue an injunction and order of abatement commanding the defendant to
correct the unlawful condition upon or cease the unlawful use of the property.
The action shall be governed in all respects by the laws and rules governing
civil proceedings, including the rules of Civil Procedure in general and Rule
65 in particular. If the defendant fails or refuses to comply with an injunction
or with an order of abatement within the time allowed by the court, the
defendant may be cited for contempt and the Town may execute the order of
abatement. The Town shall have a lien on the property for the cost of
executing an order of abatement in the nature of a mechanic's and
materiahrnan's lien. The defendant may secure cancellation of an order of
abatement by paying all costs of the proceedings and posting a bond for
compliance with the order. The bond shall be given with sureties approved by
the Clerk of'Superior Court in an amount approved by the judge before whom
the matter is heard and shall be conditioned oil the defendant's full
compliance with the terms of the order of abatement lvlthln a time fixed by
the judge. Cancellation of an order ofabatement shall not suspend or cancel
an injunction issued in conjunction therewith. Enforcement ofthis Ordinance
may be by any one, all or a combination of the remedies authorized in this
Ordinance. Each day's continuing violation shall be a separate and distinct
offense.
100.20 Effective Date.
Section 100 of this Ordinance shall take effect and be in force oil October 1,
1993.

08

ARTICLE XI
WIRELESS TELECOMMUNICATIONS
1 10.1 Purpose and Legislative Intent.
The Telecommunications Act of 1996 affirmed the Town of Rutherford College's authority
concerning the placement, construction and modification of Wireless Telecommunications
Facilities. The Town of Rutherford College finds that Wireless Telecommunications Facilities
may pose significant concerns to the health, safety, public welfare, character and environment of
the Town and its inhabitants. The Town also recognizes that facilitating the development of
wireless service technology can be an economic development asset and significant benefit to the
Town and its residents. In order to insure that the placement, construction or modification of
Wireless Telecommunications Facilities is consistent with the Town's land use policies, the
Town is adopting a single, comprehensive, Wireless Telecommunications Facilities application
and permit process. The intent of this Section is to minimize the negative impact of Wireless
Telecommunications Facilities, establish a fair and efficient process for review and approval of
applications, assure an integrated, comprehensive review of environmental impacts of such
facilities, and protect the health, safety and welfare of the Town of Rutherford College.
110.2 Title.
This section shall be known and cited as the Wireless Telecommunications Section for the Town
of Rutherford College.
110.7 Severability.
If any word, phrase, sentence, part, section, subsection, or other portion of this ordinance or any
application thereof to any person or circumstance is declared void, unconstitutional, or invalid for
any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the
proscribed application thereof, shall be severable, and the remaining provisions of this section,
and all applications thereof, not having been declared void, unconstitutional, or invalid, shall
remain in full force and effect.
Any Conditional Use Permit issued under this section shall be comprehensive and not severable.
If part of a permit is deemed or ruled to be invalid or unenforceable in any material respect, by a
r
competent authority, or is overturned by a competent authority, the permit shall belvoid in total,
upon determination by the Town.'
110.4 Definitions.
For purposes of this section, and where not inconsistent with the context of a particular section,
the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning
given in this section. When not inconsistent with the context, words in the present tense include
the future tense, words used in the plural number- include words in the singular number and

82
words in the singular number include the plural number. The word "shall" is always mandatory,
and not merely directory.
I. "Accessory Facility or Structure" means an accessory facility or structure serving or being
used in conjunction with Wireless Telecommunications Facilities, and located on the
same property or lot as the Wireless Telecommunications Facilities, including but not
limited to, utility or transmission equipment storage sheds or cabinets.
2. "Applicant" means any wireless service provider submitting an application fora
Conditional Use Permit for Wireless Telecommunications Facilities.
3. "Application" means all necessary and appropriate documentation that an applicant
submits in order to receive it Conditional Use hermit for Wireless Telecommunications
Facilities.
4. "Antenna" means a system of electrical COII(IL1CtOl-S that transmit or receive
electromagnetic waves or radio Frequency or other wireless signals. Such shall include,
but not be limited to radio, television, cellular, paging, personal telecommunications
services (hCS), microwave teiecommunications and services not licensed by the FCC, but
not expressly exempt from the Town's siting, building and permitting authority.
"Co -location" means the use Of it tOWCr Or structure to Support antennae for the provision
of wireless services without increasing the height of the tower or structure.
6. "Commercial Impracticability" or "Commercially Impracticable" mCalns the inability to
perform in act on terms that are reasonable In commerce, the cause or ocCllrrence of
which could not have been reasonably anticipated or foreseen and that jeopardizes the
financial efficacy of the project. The inability to achieve it satisfactory financial return on
investment or profit, standing alone, shall not deem a situation to be "commercial
impracticable" and shall not render all act or the terms of an agreement "commercially
impracticable".
7. "State" means the State of'North Carolina.
S. "Completed Application" means an application that contains all information and/or data
necessary to enable an informed decision to be made with respect to an application.
9. "Council" means the Rutherford College Town Council.
10. "FAA" means the Federal Aviation Administration, or its duly designated and authorized
successor agency.
1 l . "FCC" means the Federal Communications Commission, or its duly designated and

83
authorized successor agency.
12. "Height" means, when referring to a tower or structure, the distance measured from the
pre-existing grade level to the highest point on the tower or structure, even if said highest
Point is an antenna or lightening protection device.
13. "NIER" means Non-lonizing Electromagnetic Radiation
14. "Person" means any individual, corporation, estate, trust, partnership, Joint Stock
Company, association of two (2) or more persons having a joint common interest, or any
other entity.
15. "Personal Wireless Facility'" See definition for 'Wireless Telecommunications Facilities'.
16. `Personal Wireless Services" or "PWS" or "Personal Telecommunications Service" or
"PCS" shall have the same mcaning as defined and used in the 1996 Telecommunications
Act.
17. "Site, Telecommunications" See definition for Wireless Telecommunications Facilities.
18. "Conditional Use Permit means the official document or permit by which an applicant is
allowed to construct and use Wireless Telecommunications Facilities as granted or issued
by the Town.
19. "Stealth" or "Stealth Technology" mcans minimize adverse aesthetic and visual impacts
on the land, property, buildings, and other facilities adjacent to, surrounding, and in
generally the same area as the requested location of such Wireless Telecommunications
Facilities, which shall mean using the least visually and physically intrusive facility that is
not technologically or commercially impracticable under the facts and circumstances.
20. "Telecommunications" means the transmission and/or reception of audio, video, data, and
other information by wire, radio frequency, light, and other electronic or electromagnetic
systems.
21. "Telecommunications Structure" means a structure used in the provision of services
described in the definition of 'Wireless Telecommunications Facilities'.
22. "Temporary" means temporary in relation to all aspects and components of this section or
something intended to, or that does, exist for Fewer than 90 days.
23. "Wireless Telecommunications Facilities" means and includes a "Telecommunications
Tower'' and "Tower", and "Telecommunications Site" and "Personal Wireless Facility"
means a structure, facility or location designed, or intended to be used as, or used to

84
support, antennas or other transmitting or receiving devices. This Includes without Iiillit,
towers of all types and kinds and structures that employ camouflage technology,
including, but not limited to structures such as a multi -story building, church steeple, silo,
water tower, sign or other structures that can be used to mitigate the visual impact of an
antenna or the functional equivalent of such, including all related facilities such as
cabling, equipment shelters and other structures associated with the site. It is a structure
and facility intended for transmitting and/or receiving radio, television, cellular, paging,
91 1, personal telecommunications services, commercial satellite services, microwave
services and services not licensed by the FCC, but not expressly exempt from the Town's
siting, building and perillitting authority, excluding those used exclusively for the Town's
fire, police or exclusively for private, non-commercial radio and television reception and
private citizen's bands, amateur radio and other similar non-commercial
telecommunications where the height of the facility is below the height limits set forth in
tills section.
1 10.5 Overall Policy and Desired Goals foe Conditional Use Permits ror Wireless
Telcconlnlunications Facilities.
]n order to ensure that the placement, construction, and modification of Wireless
`1"eleconllnunications Facilities protects the Towns health, safety, public welfare, environmental
features, the nature and character of the community and neighborhood and other aspects of the
quality of life specifically listed elsewhere in this section, the Town hereby adopts an overall
policy with respect to a Conditional Use Permit for Wireless Telecommunications Facilities for
the express purpose of achieving the following goals:
1) Implementing an Application process for person(s) seeking a Conditional Use
Pernlit for Wireless Telecommunications Facilities,
2) Lstablisill ng a policy For reviewing and analyzing an application for, and issuing,
it Conditional Use Permit for Wireless Telecommunications Facilities that is both
fair and consistent.
3) Promoting and encouraging, wherever possible, alternatives to constructing new
towers, including but not limited to the co -location of Wireless
"telecommunications Facilities and mitigating the visual effect ofa Wireless
Telecommunications Facility to extent not commercially impracticable;
4) Promoting and encouraging, wherever possible, the placement, height and
quantity ol' Wireless Tel econlillunications Facilities in such a manner, including
but ilOt limited to the use of stealth technology or camouflage techniques, to
minimize adverse aesthetic and visual impacts oil the land, property, buildings,
and other facilities adjacent to, surrounding, and in generally the same area as the
requested location of such Wireless Telecommunications Facilities, which shall
incan using the least visually and physically intrusive facility that is not
technologically or commercially impracticable under the facts and circumstances;
and
5) Assuring that any Wireless Telecommunications Facilities are designed and

TOWN OF RUTHERFORD COLLEGE
PHASE I1 NPDES STORMWATER PERMIT APPLICATION
{,PR 2 9 2004
J
Submitted to
NORTH CAROLINA DIVISION OF WATER QUALITY
STORMWATER UNIT
RALEIGH, NORTH CAROLINA
MAY, 2004
Prepared by
MIKE STRUVE, CI_M
TOWN OF RUTHERFORD COLLEGE
PO BOX 406
RU'I'I-IERFORD COLI.F-GE, NORTH CAROLINA 28671

State of North Carolina
Department of Environment & Natural Resources
Division of Water Quality
:CIFFIC'USE,ONLY:;
Date Rec'd
Fee Paid
Permit Number
NPDES STORMWATER PERMIT APPLICATION FORM
This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public
Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application
package includes this form and three copies of the narrative documentation required in Section X of this form.
This application form, completed in accordance with Instructions for completing NPDES Small MS4 Stormwater
Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with
Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268) are both
required for the application package to be considered a complete application submittal. Incomplete application
submittals may be returned to the applicant.
I. APPLICANT STATUS INFORMATION
a.
Name of Public Entity
Town of Rutherford College
Seeking Permit Coverage
b.
Ownership Status (federal,
local
state or local
c.
Type of Public Entity (city,
town, county, prison, school,
Town
etc.
d.
Federal Standard Industrial
SIC 91 - 97
Classification Code
e.
County(s)
Burke
f.
Jurisdictional Area (square
miles)
4.13
g.
Population
Permanent
1,303
Seasonal (if available)
Not Applicable
h.
Ten-year Growth Rate
15.7%
i.
Located on Indian Lands?
❑ Yes Q No
II. RPE / MS4 SYSTEM INFORMATION
a.
Storm Sewer Service Area
(square miles)4.
13
b.
River Basin(s)
Catawba
c.
Number of Primary Receiving
Streams
4
d.
Estimated percentage of jurisdictional area containing the following four land use activities:
•
Residential
•
Commercial
1.7%
•
Industrial
8.7%
•
Open Space
0
Total =
100%
e.
Are there significant water
quality issues listed in the
attached application report?
❑ Yes K3 No
Page 1
SWU-264-103102

NPDES RPE Stormwater Permit Application
III. EXISTING LOCAL WATER QUALITY PROGRAMS
a. Local Nutrient Sensitive Waters Strategy
❑ Yes
No
b. Local Water Supply Watershed Program
© Yes
❑ No
c. Delegated Erosion and Sediment Control Program
Yes
❑ No
d. CAMA Land Use Plan
Yes
No
IV. CO -PERMIT APPLICATION STATUS INFORMATION
(Complete this section only if co -permitting)
a. Do you intend to co -permit with
El Yes ©No
a permitted Phase I entity?
b. If so, provide the name and permit number of that entity:
• Name of Phase I MS4
• NPDES Permit Number
c. Do you intend to co -permit
❑Yes ❑ No
with another Phase II entity?
d. If so, provide the name(s) of
the entity:
e. Have legal agreements been
finalized between the co-
❑ Yes ❑ No
ermittees?
V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS
(If more than one, attach additional sheets)
a. Do you intend that another
entity perform one or more of
our permit obligations?
❑Yes ® No
b. If yes, identify each entity and the element they will be implementing
• Name of Entity
• Element they will implement
• Contact Person
• Contact Address
• Contact Telephone Number
c. Are legal agreements in place
to establish responsibilities?
❑Yes ❑ No
VI. DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff member. This
delegation must name a specific person and position and include documentation of the delegation action
through board action.
a. Name of person to which permit authority
has been delegated
Ms, Gaynell Donnelly
b. Title/position of person above
Town Clerk
c. Documentation of board action delegating permit authority to this person/position must be
provided in the attached application report.
Page 2
SWU-264-103102

NPDES RPE Stormwater Permit Application
VII. SIGNING OFFICIAL`S STATEMENT
Please see the application instructions to determine who has signatory authority for this permit
application. If authority for the NPDES stormwater permit has been appropriately delegated through
board action and documented in this permit application, the person/position listed in Section VI above
may sign the official statement below.
I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
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 possibility of fines and imprisonment for knowing violations.
Signature
r
r w,
Name
Jim 11. Huffm , Sr.
Title
Mayor
Street Address
950 Malcolm Boulevard
PO Box
PO Box 406
City
Rutherford College
State
NC
Zip
28671
Telephone
[phone]
Fax
[phone]
E-Mail
VIII. MS4 CONTACT INFORMATION
Provide the following information for the person/position that will be responsible for day to day
implementation and oversight of the stormwater program.
a.
Name of Contact
Person
Ms. Gaynell Donnelly
b.
Title
Town Clerk
c.
Street Address
Malcolm ou evar
d.
PO Box
PO Box 406
e.
City
Rutherford College
f.
State
NC
g.
zip
28671
h.
Telephone Number
-
i.
Fax Number
[phone]
j.
E-Mail Address
[e-mail]
Page 3
SWU-264-103102

NPDES RPE Stormwater Permit Application
1 0'.M:J 4 *.1 LIMPIAZI PXKo i&3 1
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
None
Management Program
b.
UIC program under SDWA
None
c.
NPDES Wastewater Discharge
None
Permit Number
d.
Prevention of Significant
None
Deterioration (PSD) Program
Rutherford College is part of a
e.
Non Attainment Program
nonattainment area for ozone & particulate
f.
National Emission Standards for
Hazardous Pollutants (NESHAPS)
None
reconstruction approval
g.
Ocean dumping permits under the
N/A
Marine Protection Research and
Sanctuaries Act
h.
Dredge or fill permits under
section 404 of CWA
None
X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT
Attach three copies of a comprehensive report detailing the proposed stormwater management program for
the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown
below. The required narrative information for each section is provided in the Instructions for Preparing the
Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the
following order, bound with tabs identifying each section by name, and include a Table of Contents with
page numbers for each entry.
TABLE OF CONTENTS
1. STORM SEWER SYSTEM INFORMATION
1.1. Population Served
1.2. Growth Rate
1.3. Jurisdictional and MS4 Service Areas
1.4. MS4 Conveyance System
1.5. Land Use Composition Estimates
1.6. Estimate Methodology
1.7. TMDL Identification
2. RECEIVING STREAMS
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs
3.2. State programs
Page 4
SWU-264-103102

NPDES RPE Stormwater Permit Application
4. PERMITTING INFORMATION
4.1. Responsible Party Contact List
4.2. Organizational Chart
4.3. Signing Official
4.4. Duly Authorized Representative
5. Co -Permitting Information (if applicable)
5.1. Co-Permittees
5.2. Legal Agreements
5.3. Responsible Parties
6. Reliance on Other Government Entity
6.1.
Name of Entity
6.2.
Measure Implemented
6.3.
Contact Information
6.4.
Legal Agreements
STORMWATER MANAGEMENT PROGRAM
7.1. Public Education and Outreach on Storm Water Impacts
7.2. Public Involvement and Participation
7.3. Illicit Discharge Detection and Elimination
7.4. Construction Site Stormwater Runoff Control
7.5. Post -Construction Storm Water Management in New Development and Redevelopment
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations
Page 5
SWU-269-103102

1. Storm Sewer System information
1.1 Population Served: The permanent population of Rutherford College based on
the 2000 US Census is 1,303. The population of the Town does not vary
seasonably.
1.2 Growth Rate: The population of Rutherford College according to the 1990 US
Census was 1,126. The population of the Town based on the 2000 US Census
was 1,303. The population of the Town grew by 15.7% during the past decade or
about 1.6% annually. A copy of a report showing the corrected census count for
1990 and 2000 for Rutherford College appears as Attachment # I in Appendix A.
1.3 Jurisdictional and MS4 Service Area: The land -use jurisdictional area of the
Town includes parcels located within Rutherford College's corporate limits as
well as an established extraterritorial jurisdictional area (ETJ). Collectively, these
areas total 4.13 mil. A copy of the Town's zoning map appears as Attachment #2
in Appendix A.
1.4 MS4 Conveyance System: Malcolm Boulevard is the only street in Rutherford
College that has a curb and gutter system. This street is a DOT maintained road
and extends from 1-40 at Exit 113 north to the Catawba River Bridge at the
.Burke -Caldwell County line. The curb and gutter system extends along this street
within the Town's corporate limits. Ditches transport stormwater along the
remaining streets in Town, and culverts under driveways and streets are used to
pipe water. The Town does not have dedicated staff to maintain the storm sewer
system. An engineering consulting firm provides technical expertise in
maintaining the Town's storm sewer system with the actual repairs being handled
by local contractors.
1.5 Land Use Composition Estimates: Table I below provides information on the
estimated percentage of the MS4 service area that is classified as residential,
commercial, industrial and open space.
Table 1. Land Use Categories by Area and Percent of Total Land Area for the Rutherford
College Planning Jurisdiction.
Land Use
Area (mi)
Percentage
Residential
3.70
89.6
Commercial
0.07
1.7
Industrial
0.36
8.7
Open Space
0.00
<0.0
Total
4.13
100.00
1.6 Estimate Methodology: The land use estimates were obtained by a GIS analysis
of a zoning layer coverage of Rutherford College maintained by the Western
Piedmont Council of Governments. Properties identified in specific zoning
districts were aggregated into the residential, commercial and industrial

categories. For example, parcels zoned Central Business, Highway Business and
Office -Institutional were grouped together to estimate the total area for the
Commercial Category. The Town of Rutherford College owns a one -acre park
that contains the only dedicated open space area in Town.
1.7 The MS4 does not discharge stormwater into any receiving waters that currently
appear on the NC Division of Water Quality's 303d list. (See Attachment #3 in
Appendix A.)
2. Receiving Streams
Table 2. Information on Streams located Within the Rutherford College Planning Jurisdiction.
Receiving
Stream Segment
Water Quality
Use Support
Water Quality
Stream Name
Classification
Rating
Issues
Catawba River
From Johns River to
WS-IV, B, CA
Fully
None
Rhodhiss Dam
Supporting
Hoyle Creek
From source to a point
WS-IV
N/A
N/A
0.4 miles downstream of
Burke County SR 1546
Island Creek (Lail
From source to a point
WS-1V
N/A
NIA
Creek)
0.7 mile upstream of
mouth
Smith Branch
From source to Island
WS-IV
N/A
N/A
Creek
3. Existing Water Quality Programs
3.1 Existing Programs: The Town of Rutherford College has adopted and is
administering a local water supply watershed protection ordinance. Burke County
administers the County's Catawba River Riparian Buffer Ordinance within the
Town's planning area.
3.2 State Programs: Staff with the Land Quality Section of the DENR Asheville
Regional Office administers the state's Erosion and Sediment Control Regulations
within the Town's planning area.
4. Permitting Information
4.1 Responsible Party Contact List:
Ms. Gaynell Donnelly
Town Clerk
Phone: [phone]

Fax: [phone]
Email: rctown @ vi statech. net
4.2 Organizational Chart: (See Attachment #4 in the Appendix.)
4.3 Signing Official: Jimmy O. Huffman, Sr., Mayor
4.4 Duly Authorized Representative: Not applicable.
5. Co -Permitting Information: Not applicable.
6. Reliance on other governmental entity to satisfy one or more permit obligations:
Not applicable.
7. Stormwater Management Program Plan
7.1 Public Education and Outreach on Storm Water Impacts
7.1.1 BMP Summary Table 7.1.1 found on the following page describes the
activities the Town will undertake to meet the State's public education and
outreach requirements.
7.1.2 The Town has relatively few commercial properties and only a small
number of rental units. Thus the primary target audience for the public
education component of the Town's stormwater program will be
homeowners residing within the Town's planning area. Despite the small
number- of businesses located in Town, this group of stakeholders will also
receive targeted educational materials explaining how stormwater impacts
can be minimized from these commercial operations.
7.1.3 DWQ staff is recommending that Lake Rhodhiss receive a use support
rating of ianpcaired because of several documented violations of the state's
water quality standard for percent dissolved oxygen saturation. Because
nutrients have been identified as the pollutants responsible for this use
support rating, particular emphasis will be placed on how different
stakeholder groups can minimize phosphorus and nitrogen inputs from
activities originating near their homes and businesses.
7.1.4 A combination of brochures and Utility/tax bill inserts will be used for
distributing information about stormwater to homeowners in Town.
Because of the small number of businesses, educational materiels will be
direct mailed to these proprietors.

BMP Summary Table 7.1.1. Best Management Practices and Measurable Goals for Public Education and Outreach.
Year
BMP
Measurable Goals
1
2
3
4
5
Responsible Position/Party
1
Distribute Stormwater
Distribute brochures through special event
X
X
X
X
X
Town Clerk
Prevention Brochures
displays, utility/tax bill inserts, and upon
issuance of zoning compliance permits by
Town staff. Include information on steps
to reduce pollution sources including
proper disposal of oil and toxic materials,
proper use of lawn care products, and
public reporting of illicit discharges.
2
Public Workshops
Conduct informational workshops.
X
X
Town Clerk
Include information on stormwater
impacts and what citizens can do to
minimize stormwater runoff from activities
occurring at their homes.
3
Business Outreach
Develop an educational program to inform
X
X
X
X
X
Town Clerk
Program
businesses on illicit discharges, reporting,
and actions they can take to minimize
stormwater impacts from activities
associated with their business.

7.1.5 Town staff worked with a Stormwater Subcommittee consisting of the
Town Clerk and selected members of the Town Council and Planning
Board. The Stormwater Subcommittee reviewed the Town's draft
stormwater application and provided input into successive drafts of the
application. Two advertised public hearings were held on the stormwater
application, one before the Planning Board (March 15, 2004) and one
before the Town Council (April 5, 2004) to consider additional input from
the public.
7.1.6 The success of this particular minimum measure will be evaluated based
on the following: the number of stormwater educational materials
distributed to homeowners; the number of Town events where educational
materials and displays were available; the number of businesses receiving
stormwater materials; and the number of people attending stormwater
workshops.
7.2 Public Involvement and Participation
7.2.1 BMP Summary Table 7.2.1 found on the following page describes the
activities the Town will undertake to meet the State's public involvement
and participation requirements.
7.2.2 Because Rutherford College is a small, rural community, the Town's
population is relatively homogenous ethnically, racially, socio-
economically and culturally. The focus of this component of the Town's
stormwater program will again be involving primarily homeowners and
businessmen in planning, oversight, and community involvement
activities.
7.2.3. The Town has established an ad hoc stormwater committee consisting of
selected members of the Planning Board and Town Council for providing
staff with input in developing Rutherford College's Phase 1I application.
Presentations on the Town's proposed stormwater program have been
made to both the Planning Board and the Town Council. Lastly, an
advertised public hearings before the Planning Board and Town Council
were held to receive public comment on the Town's stormwater program
prior to its official adaptation by the Town Council. As an integral
component to the public involvement requirement, the'l'own will establish
a citizen stormwater council that will help staff evaluate the effectiveness
of the Town's program over time and suggest changes to the program as
deemed necessary.
7.2.4. Because Rutherford College is a small town, few organized civic and
community groups exist. For this reason, it will be difficult to find
individuals and organizations willing to actively participate in activities
such as storm drain stenciling and adopt -a -stream programs. One of the

BMP Summary Table 7.2.1. Best Management Practices and Measurable Goals for Public Involvement and Participation.
- -- -
-
Year
BMP
Measurable Goals
1
2
3
4
5
Responsible Position/Party
1
Establish Citizen
The Council will meet at least semi
Stormwater Council
annually to provide oversight and suggest
x
x
x
x
x
Town Clerk
changes to the Town's stormwater
program. Council members will include
citizens from the Town and the Town's
ETJ area.
2
Encourage Reporting of
Through the dissemination of brochures
x
x
x
x
x
Town Clerk
Local Water Quality
and similar materials, a phone number will
Problems & Violations
be provided where Town residents can
report water quality concerns and
violations occurring locally,

roles of the stormwater council will be to identify over time individuals in
the community with expertise in various stormwater topics willing to
educate others about stormwater impacts, as well as organizations willing
to participate in stormwater related projects and activities.
7.2.5. The success of this particular minimum measure will be evaluated based
on the following: the number of meetings held by the citizen stormwater
council and the number of phone calls received by the Town reporting
water quality violations or expressing concerns regarding water quality.
7.3. Illicit Discharge Detection and Elimination
7.3.1. BMP Summary Table 7.3.1 found on the following page describes the
activities the Town will undertake to meet the State's illicit discharge
detection and elimination requirements.
7.3.2. A storm drain map for the Town's planning area will be developed by the
end of Year 11 using GPS and GIS technology. While the GPS technology
employed will not be survey grade, the accuracy will be more than
sufficient to use the map(s) created to assist the Town with later
identifying dry weather flows and other suspicious discharges for in-depth
inspections and monitoring and potential elimination. Besides
hydrography and outfall information, the location of roads and businesses
in Town will also be displaced on these maps. The development, analysis
and storage of this information in a GIS-data base will facilitate the
regular updating of these maps on an anticipated five-year interval.
7.3.3. The Town will adopt a Stormwater Management Ordinance. This
ordinance will prohibit the discharge of materials to streams that are not
carried in stormwater or covered under a NPDES permit issued the North
Carolina Department of Health and Natural Resources. This ordinance
will be adopted by Rutherford College by the end of Year I of the Town's
stormwater program. (Rutherford College will be adopting a stormwater
protection ordinance prohibiting nonstormwater discharges similar to that
adopted by Greensboro, NC - see Attachment 5 in Appendix A).
7.3.4. The Stormwater Management Ordinance will be adopted by the Town
Council and will contain penalty provisions. This ordinance will be
enforced by the Town's Zoning Administrator.
7.3.5. Detection and Elimination
7.3.5.1. High priority areas will include streams draining businesses
located along US 70 and Malcolm Boulevard. These areas
represent the commercial district of the Town and are likely
to contain the majority of illicit discharges or connections

BMP Summary Table 7.3.1. Best Management Practices and Measurable Goals for Illicit Discharge Detection and Elimination.
A
Year
BMP
Measurable Goals
1
2
3
4
5
Responsible Position/Party
1
Map Storm Sewer
Identify & map the location of all outfalls &
System
the names and location of streams in the
x
x
x
x
x
Town Clerk
Town's planning area that receive
discharges from these outtalls.
2
Identify Illegal
Identify & eliminate illegal discharges and
x
x
x
x
Town Clerk
Discharges to the Storm
illicit connections to the storm sewer
Sewer System
system.
3
Adopt Stormwater
Adopt an ordinance to prohit the non
Management Ordinance
stormwater discharges into the storm
x
Town Clerk
sewer system and to grant the Town legal
authority to take enforcement action when
a violation occurs.
4
Distribute Brochures
Distribute educational materials to citizens
x
Town Clerk
and business about preventing/eliminating
non stormwater discharges

to the storm system such as floor drains. Over time, as
educational outreach efforts are implemented, calls from
citizens and businesses may help identify other priority
areas.
7.3.5.2. Streams will be walked annually during dry weather
periods to look for nonstormwater flows. Suspicious
appearing discharges will be visually inspected as
suggested by US EPA (see Attachment #6--EPA Storm
Water Management Fact Sheet in Appendix A).
7.3.5.3. A letter from the Town will be sent to the individual or
business notifying them that they are in violation of the
Town's Stormwater Management Ordinance. Emphasis
will be placed on obtaining voluntary compliance initially.
However, if the violator does not take action to comply
with the Town's ordinance, the Town will take appropriate
legal action to ensure removal of the illicit discharge.
7.3.5.4. A major responsible of the Town's Stormwater Advisory
Council will be to evaluate the effectiveness of all program
elements and suggest changes where appropriate.
7.3.6. Non Stormwater Discharges. None of the listed categories of non -storm
water discharges or flows are considered significant contributors of
pollutants in Rutherford College.
7.3.7. Not applicable.
7.3.8. The Public Education component of the Town's stormwater program will
be used to educate homeowners and businesses about the hazards
associated with illegal discharges and the improper disposal of wastes.
Educational outreach efforts will include mailings and public workshops.
Town employees and contractors will receive instruction on the proper
handling of wastes via employee training as listed under Pollution
Prevention/Good Housingkeeping for Municipal Operations.
7.3.9. In conjunction with Town staff, the Town's Stormwater Advisory Council
will evaluate the effectiveness of all program elements and suggest
changes where appropriate.
7.3.10. This program component will be evaluated by documenting the number of'
illegal discharges removed, recording the number of businesses and
homeowners receiving educational information about illicit discharges and
proper storage of wastes, and documenting the number of Town
employees and contractors receiving training in this area.

7.4. Construction Site Stormwater Runoff Control
The Town will continue to rely on the Land Quality Section with the NC
Department of Environment and Natural Resources' Regional Office in Asheville
to administer the state's sediment/erosion control regulations within the Town's
planning jurisdiction.
7.5. Post -Construction Storm Water Management in New Development and
Redevelopment
7.5.8. See BMA Summary Table 7.5.8.1 found on the following page.
7.5.9.1. The Town currently administers a Water Supply Watershed
Protection Ordinance that places limits on density and
impervious surfaces regarding new development
throughout the Town's planning area. Within the Town's
ETJ, Burke County administers its buffer regulations on
behalf of the Town for land abutting the Catawba River.
7.5.9.2. The Town has no policies or ordinances that specifically
encourage infill development.
7.5.9.3. The Town currently has no education programs in place.
7.5.9.4. The Town has no measures or programs currently in place
as described.
7.5.10.1. Under the Town's watershed protection ordinance, the
Town requires that engineered stormwater control
structures be constructed and maintained when the high
density option for a new development project is selected by
a developer. To date, one (1) wet detention pond has been
constructed in Rutherford College that was subject to the
Town's watershed protection ordinance.
7.5.10.2. Grass swales collect and transport runoff along all Town -
maintained streets. Malcolm Boulevard is the only street
within the Town's planning area that employs a curb and
gutter system for transporting runoff.
7.5.10.3. The Town does not require infiltration basins or trenches
under any of its land use regulations.
7.5.1 1. The Town currently administers a water supply watershed protection
ordinance throughout its entire planning jurisdiction. It is the Town's

BMP Summary Table 7.5.8. Best Management Practices and Measurable Goals for Post Construction Stormwater Management.
4" _ `" - .,;
Year"
T
BMP
Measurable Goals
1
2
1 3
4
5
Responsible Position/Part
t
Adopt a Local Post
Adopt a local ordinance to manage
X
Town Clerk
Construction Stormwater
stormwater runoff from development and
Management Ordinance
redevelopment sites within the Town's
planning area.

intent to use this existing ordinance to meet the Phase 11 post -construction
runoff requirements. A copy this ordinance appears as Attachment #7 in
Appendix A.
7.5.12. Provisions concerning annual inspections of stormwater control structures
are contained within the Town's water supply watershed protection
ordinance.
7.5.13.1. The Town will rely on its current water supply watershed
protection ordinance for managing stormwater associated
with new development and redevelopment projects.
7.5.13.2. Because of limited staff, the Town intends to manage its
post -construction runoff program primarily through the
administration of the Town's current water supply
watershed protection ordinance.
7.5.14. The Town will document the number of development
projects that receive high -density permits as well as the number of projects
that are developed under the low -density option.
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations
7.6.1. A BMP Summary Table for this component of the Town's stormwater
program can be found on the following page.
7.62. Except for its sanitary sewer system, all of the Town's municipal
operations are either outsourced, such as solid waste pickup and road
maintenance, or handled by other entities, such water line extension and
maintenance by the Rutherford College Water Corporation. The Town
does not own or operate any industrial facilities that have received a
General Stormwater Permit.
7.6.3. The Town will require contractors that regularly work for the Town to
attend stormwater management workshops. The Town does not have any
existing materials it plans to use for meeting the Pollution
Prevention/Good Housekeeping requirement. However, the Town
anticipates that existing training and education materials available from
sources such as US EPA, NC State University and NC Cooperative
Extension Service will likely be sufficient to educate contractors about
minimizing stormwater impacts associated with their routine activities.
7.6.4. Maintenance and inspections associated with the Town's sanitary sewer
system is handled on an as needed basis by a local consulting engineering
firm.

BMP Summary Table 7.6.1. Best Management Practices and Measurable Goals for Pollution Prevention of Municipal Operations.
= 9...
- , _
Year
"
BMP
Measurable Goals
1
2
1 3
4
5
Responsible Position/Part
1
Train Municipal Staff
Provide workshops to Town staff and
X
X
X
X
X
Town Cleric
and Contractors
contractors outlining how stormwater
pollutant loading can be reduced from
municipal supervised activities .

7.6.5. Not applicable. The Town does not own any vehicles nor does it handle
road maintenance or snow and ice removal responsibilities.
7.6.6. Waste materials from the MS4 are extracted or skimmed off. The
collected wastes are transported to the Burke County landfill for disposal.
7.6.7. According to FEMA, the Town does not contain any floodways or-
floodplains within its planning area. Over the next year the state plans to
remap floodplain areas in Burke County. Based on the results of this
mapping effort, the Town will modify its codes accordingly to protect
water quality and minimize the likelihood of flooding associated with new
development within these low areas.
7.6.8. The Town's water supply watershed protection ordinance will be re-
evaluated to determine if changes should be made to render this ordinance
more effective in minimizing runoff associated with new development,
encouraging more compact development projects, and providing greater
protection of natural waterways.
7.6.9. Not applicable.
7.6.10. The Town has one full time employee and owns only about three acres of
property. Fleet and building maintenance activities are minimal. Water
line installation and maintenance is probably one of the larger categories
of land disturbing activities that occur within the Town on an annual basis,
and these activities are supervised by the Rutherford College Water
Corporation, an entity not affiliated with the Town. Subcontractors handle
all of the repairs made to Town -owned streets. Garbage collection in
Town is handled by a private firm (GDS). For these reasons, emphasis
will be placed on training subcontractors on pollution prevention
techniques since they handle most of the day-to-day municipal operations.
7.6.11, The Town will document the number training hours received by Town
employees and contractors. Changes in municipal and contractor
operations that are made to reduce stormwater impacts will also be
documented.

A`I" I'ACHMENT #1
1990 and 2000 Population Figures for Rutherford College

LINC Report (Selected Geographic Areas)
Attachment 1
LINC Variable: Population
Area Name
2000
1990
Drexel
1,938
1,746
Maiden
3,177
2,470
Rutherford College
1,303
1,126
Data Definitions
Population (Census/Estimate/Projection) (5001): Depending on the year, this is the corrected census count (April 1
census year), or the estimate or projection from the State Demographer (April I census years, July 1 all other years).
A projection differs from an estimate in that it relies on certain assumptions about long-term trends in data which are
not yet available, while an estimate is based on data from predictor variables that ure available for the estimate year.
See variable 100 (POPARS) for an age/race/sex breakdown of the same data for counties (also available as a topic
report).
POPULATION is useful as a denominator for deriving per capita versions of other variables. However, when
making per capita calculations from the BEA data (variables 3001-3187), use variable 3004 (131---APOP) for the
denominator.
Note also that the numbers are rounded to the nearest 100 for years 1971-1979. Other years are not rounded: this is
not meant to imply that estimates and projections are accurate to the single digit but rather to allow greater precision
in deriving per capita figures.
For municipalities, POPULATION is available for 1970 and for 1980 through the current estimate year. There are
no projections for municipalities. As is the case for counties, the municipal numbers for the census years are 1(9)
percent counts and reflect all known corrections which have been issued by the Census Bureau. For the other years,
the figures are those published in 'North Carolina Municipal Population," usually available in the fall of the year
after the estimate year.
If you use LINC to retrieve population for all counties and municipalities, the county balance will show for years
1986 and following. For any year other than census years, the population estimates for municipalities, municipal
parts, and county balances are not adjusted to reflect subsequent revisions in the estimate of county population. The
municipal estimates are based on municipal boundaries for the estimate year. (Another set of estimates, used for
revenue distribution, is prepared based on the boundaries one year after the estimate year, but that set is not in the
LINC database.)
Occasionally, new incorporations occur, and past census figures are made available, as well as current estimates, for
the new places. Since these places did not exist as such at the time of the census, the census figures are separation
counts, and do not appear in census publications.
IMPORTANT: 'T'he municipal estimates for any year are generated independently from those of other years. 'phis
practice allows flexibility for improvement in data sources and methods from year to year. Furthermore, changes in
municipal populations are heavily influenced by annexations. For these reasons, POPULATION should not be used
to track year-to-year trends for municipalities. Instead, its value for the year of interest should be compared with
values of census counts to show growth. However, POPULATION can be used at the county level to show year-to-
year trends.
The state total population may differ from the sum of counties due to rounding of estimates or projections.
Source: State Agency Data: Office of the Governor
April 19, 2004

ATTACHMENT #2
Zoning Map for Rutherford College

0

ATTACHMENT #3
Stream Classification Data for Streams Within the
Rutherford College Planning Area

Attachment 3
Name of Stream
Description
Curr, Class
Date Prop, Class
Basin
Stream Index #
Hunting Creek
From source to a
C
09/01/74
Catawba
11-36-(0.3)
point 1.0 mile upstream
of Burke County SR 1940
Hunting Creek
From a point 1.0 mile
WS-IV
08/03/92
Catawba
11-36-(0.7)
upstream of Burke
County SR 1940 to a
point 0.4 mile
downstream of Pee Dee
Branch
East Prong
From source to
WS-IV
08/03/92
Catawba
ll-36-1
Hunting Creek
Hunting Creek
Fiddlers Run
From source to East
WS-IV
08/03/92
Catawba
11-36-1-1
Prong Hunting Creek
Pee Dee Branch
From source to
WS-IV
08/03/92
Catawba
11-36-2
Hunting Creek
Hunting Creek
From a point 0.4 mile
WS-IV;CA
08/03/92
Catawba
11-36-(3)
downstream of Pee Dee
Branch to Rhodhiss
Lake, Catawba River
CATAWBA RIVER
From Johns River to
WS-IV,B;CA
08/03/92
Catawba
11-(37)
(Rhodhiss Lake
Rhodhiss Dam
below elevation
995)
Johns River
From Wilson Creek to
C;HQW
08/01/90
Catawba
11-38-(34.5)
a point 0.5 mile
upstream of Sims Branch
Parks Creek
From source to Johns
C
03/01/62
Catawba
11-38-35
River
Carroll Creek
From source to Parks
C;Tr
07/01/73
Catawba
11-38-35-1
Creek
Pearcey Creek
From source to Parks
C
03/01/62
Catawba
11-38-35-2
Creek
Johns River
From a point 0.5 mile
WS-IV;HQW
08/03/92
Catawba
11-38-(35.5)
upstream of Sims Branch
to a point 0.7 mile
downstream of N.C. Hwy.
18
Sims Branch
From source to a
C
03/01/62
Catawba
11-38-36-(1)
point 0.4 mile upstream
of mouth
Sims Branch
From a point 0.4 mile
WS-IV
08/03/92
Catawba
11-38-36-(2)
upstream of mouth to
Johns River
Johns River
From a point 0.7 mile
WS-IV;HQW,
08/03/92
Catawba
11-38-(36.S)
downstream of N.C. Hwy.
CA
18 to Rhodhiss Lake,
Catawba River
Page 6 of 10

Name of Stream Description Curr. Class Date Prop, Class Basin Stream Index #
Lower Creek
From Caldwell County SR
WS-IV
08/03/92
1143 to a point 0.7
mile downstream of
Bristol Creek
Bristol Creek
From source to Lower
WS-IV
08/03/92
Creek
White Mill Creek
From source to a
C
09/01/74
point 0.6 mile
downstream of the Burke
CountyCaldwell County
Line
White Mill Creek
From a point 0.6 mile
WS-IV
08/03/92
downstream of Burke
County -Caldwell County
Line to Bristol Creek
Lower Creek
From a point 0.7 mile
WS-IV;CA
08/03/92
downstream of Bristol
Creek to Rhodhiss Lake,
Catawba River
Jumping Branch
From source to a
WS-IV
08/03/92
point 0.6 mile upstream
of mouth
Jumping Branch
From a point 0.6 mile
WS-IV;CA
08/03/92
upstream of mouth to
Lake Rhodhiss Lake,
Catawba River
Smoky Creek
From source to a
WS-IV
08/03/92
point 0.6 mile upstream
of mouth
Smoky Creek
From a point 0.6 mile
WS-IV;CA
08/03/92
upstream o£ mouth
Lake Rhodhiss Lake,
Catawba River
Howard Creek
From source to
WS-IV
08/03/92
(Propst Creek)
Secrets Creek
Howard Creek
From Secrets Creek to
WS-IV;CA
08/03/92
(Propst Creek)
Rhodhiss Lake,
Catawba River
Secrets Creek
From source to Howard
WS-IV
09/03/92
Creek
McGalliard Creek
From source to a
WS-IV
08/03/92
point 0.6 mile upstream
of mouth
Double Branch
From source to
WS-IV
08/03/92
McGalliard Creek
Dye Branch
From source to
WS-IV
08/03/92
McGalliard Creek
Catawba
Catawba 11-39-8
Catawba 11-39-8-1-fI)
Catawba
11-39-8-1-(2)
Catawba
11-39-(9)
Catawba
11-40-(1)
Catawba 11-40-(2)
Catawba 11-41-(1)
Catawba 11-41-(2)
Catawba 11-42-(1)
Catawba 11-42-(2)
Catawba 11-42-4
Catawba 11-44-(0.5)
Catawba 11-44-1
Catawba 11-44-2
Page 7 of 10

Name of Stream
.Description
Curr. Class
Date Prop. Class
Basin
Stream Index #
McGalliard Creek
From a point 0.6 mile
WS-IV;CA
08/03/92
Catawba
11-44-(3)
upstream of mouth to
Rhodhiss Lake,
Catawba River
Hoyle Creek
From source to a
WS-IV
08/03/92
Catawba
11-45-(0.5)
point 0.4 mile
downstream of Burke
County SR 1546
Micol Creek
From source to Hoyle
WS-IV
08/03/92
Catawba
11-45-1
Creek
Hoyle Creek
From a point 0.4 mile
WS-IV;CA
08/03/92
Catawba
11-45-(2)
downstream of Burke
County SR 1546 to
Rhodhiss Lake,
Catawba River
Island Creek
From source to a
WS-1V
08/01/92
Catawba
11-46-(0.5)
(Lail Creek)
point 0.7 mile upstream
of mouth
Smith Branch
From source to Island
WS-IV
08/03/92
Catawba
11-46-1
Creek
Island Creek
From a point 0.7 mile
WS-IV;CA
08/03/92
Catawba
11-46-(2)
(Lail Creek)
upstream of mouth to
Rhodhiss Lake,
Catawba River
Nolden Creek
Prom source to a
WS-IV
08/03/92
Catawba
11-48-(1)
(Island Creek)
point 0.6 mile upstream
of mouth
Nolden Creek
From a point 0.6 mile
WS-IV;CA
08/03/92
Catawba
11-48-(2)
(Island Creek)
upstream of mouth to
Rhodhiss Lake,
Catawba River
Jumping Run
From source to a
WS-IV
08/03/92
Catawba
11-50-(1)
point 0.8 mile upstream
of mouth
Jumping Run
From a point 0.8 mile
WS-IV;CA
08/03/92
Catawba
11-50-(2)
upstream of mouth to
Lake Rhodhiss,
Catawba River
CATAWBA RIVER
From Rhodhiss Dam to
WS-IV,B;CA
09/01/96
Catawba
11-(51)
(Lake Hickory
U.S. Hwy. 321 Bridge
below elevation
935)
Drowning Creek
From source to a
WS-IV
08/03/92
Catawba
11-52-(1)
point 0.6 mile upstream
of mouth
Page 8 of 10

Attachment 4
Town of Rutherford College Organizational Chart
Council Members
Name
Title
Term Expires
Jim O. Huffman
Mayor
2005
Richard Icard
Pro Tem/Council
2007
John Henry Causey
Council
2005
Richard Jensen
Council
2005
Gary B. McClure
Council
2005
Thurman Reep
Council
2007
Thomas A. Wallrichs
Council
2007
Planninp, Board
William Satterwhite
Chairman
NA
Homer McCracken
Vice Chair
NA
Wayne Annas
Board Member
NA
Wagg Cannon
Board Member
NA
Ivey Griffin, Jr.
Board Member
NA
Pat Kokoszka
Board Member
NA
Bobby Rector
Board Member
NA
Glenn Van Horn
Board Member
NA
Town Staff
Gaynell Donnelly Clerk NA
Attorney James Ayers NA

ATTACHMENT #5
City of Greensboro Storm Water Management Ordinance

Attachment 5
Chapter 27 STORM WATER MANAGEMENT ORDINANCE*
*Editor's note: Ord. No. 94-22, § 1, adopted May 2, 1994, enacted provisions
pertaining to storm water management and designated as Ch. 27 herein set out. Words
in brackets [ ] have been added by the editor for clarity.
Cross references: Buildings and building regulations, Ch. 6; fire protection and
prevention, Ch. 10; hazardous waste management, Ch. 10.5; nuisances, Ch. 17;
planning and development, Ch. 22; soil erosion and sedimentation control, Ch. 24;
water, sewers and waste disposal, Ch. 29; zoning, Ch, 30.
Art. I. In General, §§ 27-1-27-20
Art. II. Commercial and Residential, §§ 27-21-27-30
Art. Ili. Illicit Discharges and Improper Discharges, §§ 2751--27-40
Art. IV. Industrial and Related Facilities, §§ 27-41--27-45
Art. V. Construction Site Runoff, §§ 27-46--2750
Art. VI. Enforcement, §§ 27-51--27-60
Art. VII. Appeals, §§ 2751--27-65
Art. VI II. Service Charges and Rates, §§ 2756--27-68
Art. IX. Annexation, § 27-69
ARTICLE I. IN GENERAL
Sec. 27-1. Title.
This chapter shall be and is collectively referred to and cited as "The Storm
Water Management Ordinance of Greensboro, North Carolina."
(Ord. No. 94-22, § 1, 5-2-94)
Sec. 27-2. Purposes.
The purpose of this chapter is to protect and promote the public health, safety
and welfare by preventing the introduction of potentially harmful materials into the city
storm sewer system; to protect property from potential storm water damage; to maintain
and enhance water quality; aid to meet the requirements in the City of Greensboro's
National Pollutant Discharge Elimination System Permit for Storm Water Discharges.
(Ord. No. 94-22, § 1, 5-2-94)
Sec. 27-3. Objectives.
[The objectives of this chapter are the following:]
(1) To provide for the enforcement of the city's storm water quality
management program;
(2) To reduce the discharge of pollutants to the storm sewer system to the
maximum extent practicable by requiring, where appropriate, the use of
best management practices, structural and/or nonstructural storm water
quantity and quality control measures and other provisions;

(3) To provide for the inspection and proper maintenance of structural and
nonstructural storm water controls and the municipal separate storm
sewer;
(4) To prohibit non -storm water discharges to the city storm sewer and
require the removal of illicit connections to the city storm sewer;
(5) To prevent improper disposal of materials that degrade water quality;
(6) To permit sampling and monitoring for pollutants such as those
associated with illicit discharges, improper disposal, industrial and
construction activities, and the application of pesticides, herbicides, and
fertilizers; and
(7) To reduce erosion associated with storm water runoff.
(Ord. No. 94-22, § 1, 5-2-94)
Sec.27-4. Jurisdiction.
The provisions of this chapter shall apply to all the territory encompassed in the
City of Greensboro, North Carolina and shall govern the development and use of land
and structures therein.
(Ord. No. 94-22, § 1, 5-2-94)
Sec.27-5. Authority.
This chapter is adopted pursuant to the following authorities in NCGS: Chapter
15 (Criminal Procedure), Chapter 113A (Pollution Control and Environment), Chapter
130A (Public Health), Chapter 160A (Cities and Towns).
(Ord. No. 94-22, § 1, 5-2-94)
Sec.27-6. Abrogation.
This chapter is not intended to repeal, abrogate, annul, impair, or interfere with
any existing easements, covenants, deed restrictions, agreements, rules, regulations, or
permits previously adopted or issued.
(Ord. No. 94-22, § 1, 5-2-94)
Sec.27-7. Definitions.
[For the purposes of this chapter, the following words and terms shall have the
meaning ascribed thereto:]
Best management practice (BMP). A structural or nonstructural management -
based practice used singularly or in combination to reduce nonpoint source inputs to
receiving waters in order to achieve water quality protection goals. (Ref: Section 30-2-
2.2)
Built -upon area. That portion of a development project that is covered by
impervious or partially impervious cover including buildings, pavement, gravel (for
pedestrian or vehicular use), recreation facilities (e.g. tennis courts), etc. (Note: wooden

slatted decks and the water area of a swimming pool are not considered built -upon
area.)
Connection. 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 city
storm sewer.
Conveyance. Any feature of the landscape or earth, manmade or natural, that
carries water in a concentrated flow.
Developer. A person engaged in land, site, or building development. (Ref:
Section 30-2-2.7.)
Discharge. Additions of pollutants into waters of the United States from: Surface
runoff which is collected or channelled by man; discharges through pipes, sewers, or
other conveyance owned by a stated municipality, or other person which does not lead
to a treatment works; and discharges through pipes, sewers, or other conveyance,
leading into privately owned treatment works. (Ref: 40 CFR 122.2)
Ditch/swale. Open channel that infiltrates and/or transports runoff waters.
Drainage. The flow of runoff into a conveyance.
Drainage easement An easement which grants to the city council the right to
maintain conveyances of drainage structures. (Ref: Section 30-2-2.4)
Easement. A grant of one (1) or more of the property rights, by the property
owner, to, or for use by, the public, a corporation, or other entity. (Ref: Section 30-2-2.4)
Erosion. The wearing away of land surface by the action of wind, water, gravity,
or any combination thereof. (Ref: Section 30-2-2.5).
Garbage. Animal and vegetable refuse resulting from the handling, preparation,
cooking and consumption of food, including a minimum amount of liquid necessarily
incident thereto. (Ref: Section 25-1).
Having control over. Shall mean but not be limited to any person using,
transferring, storing, or transporting a hazardous material immediately prior to release of
such hazardous material on the land or into the air or the waters of the city. (Ref: Section
10-33)
Hazardous material. Any substance which, when discharged in any quantity, may
present an eminent and substantial danger to the public health or welfare or to the
environment. (Ref: Section 10-33)
Hazardous material response. The sending of fire department equipment to
abate hazardous materials which endanger the health or safety of persons or the
environment. (Ref: Section 10-33)
Illicit discharge. Any discharge to a municipal separate storm sewer that is not
composed entirely of storm water except discharges pursuant to a NPDES permit (other
than the NPDES permit for discharges from the municipal separate storm sewer) and
discharges resulting from firefighting activities. (Ref: 40 CFR 122.26(b) (2))
Impervious surface. An area composed of any material that impedes or prevents
natural infiltration of water into the soil. Impervious area shall include but are not limited
to roofs, decks, driveways, patios, sidewalks, parking areas, tennis courts, concrete or

asphalt streets, crushed stone and gravel surfaces,
Municipal separate storm sewer. A conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains). (Ref: 40 CFR 122.26(b) (8))
National Pollutant Discharge Elimination System (NPDES). A permitting system
established by Section 402 of the Clean Water Act. Permits are issued by the State of
North Carolina for discharges directly to the surface waters of the state.
New development. Any activity for which a building permit or a grading permit is
required, or any of the following without regard to a permit requirement: clearing,
stripping, dredging, grading, excavating, transporting, and filling of land.
Outfall. A point source at the point where a municipal separate storm sewer
discharges to waters of the United States and does not include open conveyances
connecting two (2) municipal separate storm sewers; or pipes, tunnels or other
conveyances which connect segments of the same stream or other waters of the United
States and are used to convey waters of the United States. (Ref: 40 CFR 122. 25(b) (9))
Person. Any individual, partnership, copartnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity or their legal
representative agents or assigns.
Preliminary plat. A map indicating the proposed layout of the subdivision showing
lots, streets, water, sewer, storm drainage, and any other information required in
Appendix 2 (Map Standards) (Ref: Section 30-2-2.7.)
Refuse. Solid waste, including but not limited to garbage, rubbish and ashes.
(Ref: Section 25-1.)
Riparian buffer or stream buffer. An area of native or non-native woody
vegetation adjacent to a stream or other natural conveyance of water or storm water.
Soil erosion and sedimentation plan. The graphic plan, including narrative where
appropriate, required by the development ordinance as a prerequisite for a grading
permit, the purpose of which is to explain existing conditions and proposed grading of
land including any development and to describe the activities and measures to be
undertaken to control accelerated soil erosion and sedimentation. (Ref: Section 30-2-
2.5.)
Substantial redevelopment. An increase or change in impervious area that
impacts the municipal storm sewer system.
Storm water. Storm water runoff, snow melt runoff, and surface runoff and
drainage. (Ref: 40 CFR 122.26(b) (13))
(Ord. No. 94-22, § 1, 5-2-94; Ord. No. 00-225, § 1, 12-5-00)
Sec.27-8. Acronyms.
[The following acronyms are used in this chapter:]
ABEQ--Advisory board for environmental quality.
BMP--Best management practice.

CFR--Code of Federal Regulations.
DEHNR--Department of Environmental, Health, and Natural Resources.
DEM--Division of environmental management.
G WA --General watershed areas.
NCGS--North Carolina General Statutes.
NPDES--National pollutant discharge elimination system.
SWPPP--Storm water pollution prevention plans.
SWQMP--Storm water quality management program.
WCA--Watershed critical area.
(Ord. No. 94-22, § 1, 5-2-94)
Sec.27-9. Right -of -entry.
(a) The city manager or his designee shall have right -of -entry on or upon the
property of any person subject to this chapter and any permit/document issued
hereunder. The city manager or his designee shall be provided ready access to
all parts of the premises for the purposes of inspection, monitoring, sampling,
inventory, records examination and copying, and the performance of any other
duties necessary to determine compliance with this chapter.
(b) 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, the city manager or his designee will be permitted to enter
without delay for the purposes of performing specific responsibilities.
(c) The city manager or his designee shall have the right to set up on the person's
property such devices as are necessary to conduct sampling and/or metering of
the person's operations.
(d) Any temporary or permanent obstruction to safe and easy access to the areas to
be inspected and/or monitored shall be removed promptly by the person at the
written or verbal request of the city manager cr his designee. The costs of
clearing such access shall be borne by the person.
(e) The city manager or his designee may inspect the facilities of any user in order to
ensure compliance with this chapter. Such inspection shall be made with the
consent of the owner, manager, or signatory official. If such consent is refused
the city manager or his designee may seek issuance or an administrative search
warrant.
(Ord. No. 94-22, § 1, 5-2-94)
Sec.27-10. Assessments.
(a) Property owners of single-family homes, townhouses and condominium
properties can request that city council approve a resolution that allows storm
water improvement costs to be assessed against the property as a lien.

(b) The city council shall determine which storm water improvements inside the city
shall be provided and the type of solution, either piping or non -piping, for the
improvement. The council shall likewise determine the amount of construction
cost to be borne by the abutting property owners and the amount to be borne by
the city.
(c) The assessment formula for storm water improvements using a piping solution
shall be set at a rate that recovers one hundred (100) percent of the construction
cost, including engineering, labor and materials of a fifteen -inch storm water pipe
or a rate not to exceed fifty (50) percent of the total project cost, whichever is
less. The assessment formula for storm water improvements using a non -piping
solution shall be set at a rate of ten (10) percent of the cost, including
engineering, labor and materials. The assessment rate will be reviewed for any
necessary adjustments once a year in coordination with the annual budget
process.
(d) Upon receiving notice of completion of a stormwater management project, city
council shall confirm all assessment obligations in said project and shall tail for
advertisement of same in a local newspaper published at least weekly and which
is generally available to Greensboro citizens. Such advertisement shall run within
forty-five (45) days following the date of confirmation and shall inform that all
listed assessment obligations may be fully satisfied, without interest, if payment -
in -full of the total principal balance is received by the tax collector within ninety
(90) days following the date of confirmation.
(e) Assessment accounts not paid in full within ninety (90) days following the
confirmation date shall be scheduled for payment in substantially equal
installments, plus interest on the whole unpaid principal balance. Such interest
shall be computed from the date of confirmation at a rate fixed in the assessment
resolution, with said rate not exceeding the maximum allowed by law. The first
installment shall become due and payable no later than one (1) year (three
hundred sixty-five (365) days) following confirmation, with subsequent
installments being due and payable on the regular and sequential cycle of the
installment frequency (monthly, quarterly, semFannually or annually) elected by
the obligee(s) and with the final installment being due and payable by not later
than one hundred twenty (120) months after the confirmation date.
If the obligee expresses no preference as to payment frequency the assessment
obligation will be scheduled for payment in ten (10) annual installments. Upon approval
of the tax collector, the frequency of payment for existing assessment accounts may be
changed for the economic and budgetary convenience of the obligee, with the first such
change being granted without charge and with subsequent changes being granted with a
transaction fee of thirty-five dollars ($35.00).
(f) At any time after the first ninety (90) days in the life of an assessment account
the full principal balance may be paid in full with all accrued interest and without
early payoff penalty.
(Ord. No. 99-97, § 1, 6-15-99; Ord. No. 00-46, § 1, 3-7-00; Ord. No. 02-103, § 1, 6-18-
02)
Secs.27-11--27-20. Reserved.

ARTICLE II. COMMERCIAL AND RESIDENTIAL
Sec. 27-21. New development.
(a) Drainage,
(1) It shall be the duty of all property owners, in order to abate and prevent
nuisances resulting from improper drainage, to provide at their own
expense a proper and adequate drainage system of their respective
premises, such drainage system to conform to the design established by
the city. (Ref: Section 29-30)
(2) Rainwater leaders shall not extend beyond the building or property line,
but shall be built in chases or on the inside of the wall, and shall not
empty on any street or sidewalk. (Ref: Section 6-27)
(3) No person shall construct or install 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 city street, water, sanitary sewer or storm
sewer facilities without a permit issued by the city manager or his
designee upon a finding that such city facilities will not be adversely
affected by such construction or installation. (Ref: Section 29-29)
(b) Subdivisions.
(1) Requirements.
a. For drainage requirements refer to Chapter 30 Zoning, Planning
and Development, Article VI, Subdivisions: Procedures and
Standards, section 30-6-13.7., Drainage.
b, Street and utility construction plans for all street, water, sanitary
sewer, and storm sewer facilities shall be submitted to the city
following preliminary plat review but shall not be reviewed until the
street and utility network on the preliminary plat has been found
generally satisfactory by the technical review committee. For each
subdivision section, the street and utility construction plans shall
include all improvements lying within or adjacent to that section,
as well as all water, sanitary sewer, and storm sewer lines lying
outside that section and being required to serve that section. No
street and utility construction plans shall be approved until the
preliminary plat has been approved. (Ref: Section 30-6-8.1)
(2) Maintenance.
a. Rights -of -way and easements. The approval and recordation of a
plat constitutes dedication to and acceptance by the city and the
public of the right-of-way of each public street, alley or utility or
drainage easement shown on such plat. The approval and
recordation of a plat does not constitute acceptance of
maintenance responsibility within such right-of-way or easement.
Improvements within such rights -of -way or easements, such as
utility lines, street paving, drainage facilities, or sidewalks, may be
accepted for maintenance by the city council or by the

(c)
(d)
(e)
administrative officer authorized to inspect and, where
appropriate, accept the dedication of such improvements. (Ref:
Section 30-6-3.3(A))
b. In accordance with city policy the developer shall be responsible
for establishing proper connections with existing storm sewer lines
and shall bear ultimate responsibility for the correction of any
problems associated with that connection. (See Greensboro's
Roadway and Utility Design Manual)
Soil erosion and sedimentation control,
(1) Incorporation of section 30-7-4 (Soil Erosion and Sedimentation Control).
This section incorporates by reference the requirements of section 30-7-
4, Soil Erosion and Sedimentation Control.
Water supply watershed districts.
(1) Incorporation of section 30-7-1 (Water Supply Watershed Districts);
section 30-7-2 (General Watershed Areas); section 30-7-3 (Watershed
Critical Areas). This section incorporates by reference the requirements of
section 30-7-1, Water Supply Watershed Districts; section 30-7-2,
General Watershed Areas; section 30-7-3, Watershed Critical Areas.
Additional requirements.
(1) Parking lot construction and paving. No new parking lot, loading dock
construction, or the construction of similar structures or the grading/or
paving of existing parking lots, loading docks, or similar structures shall
be undertaken until the developer obtains a permit from the city. The site
shall be inspected before, during and after construction. Any violation of
the permit shall result in permit revocation and cessation of construction
until the violations are corrected.
(2) Stormwater management. The design, construction, and maintenance of
stormwater improvements to meet the requirements of section 27-22 or
section 30-7 shall be according to the City of Greensboro Stormwater
Management Manual under the specifications and requirements as set
out by the city manager and on file in the office of the city clerk, which
specifications and requirements are hereby adopted and made a part of
this chapter as if set out in full.
(3) Reserved for: Development Policy Manual.
(4) Responsibility of property owner. It shall be the responsibility of the
property owner to correct drainage controls on individual properties that
do not function properly or are not constructed according to their design.
(5) New storm sewer design and construction. All new storm sewers shall be
constructed according to the City of Greensboro Storm Sewer Design
Manual.
(Ord. No. 94-22, § 1, 5-2-94; Ord. No. 00-54, §§ 3--6, 4-4-00)
Sec. 27-22. Stormwater management control requirements.

(a) Purpose.
(1) The purpose of the "Stormwater Management Control Ordinance" is to
protect, maintain, and enhance the public health, safety, and general
welfare by establishing minimum requirements and procedures to control
the adverse effects of increased stormwater runoff associated with new
development or redevelopment within the City of Greensboro. Proper
management of stormwater runoff, including the provision of appropriate
stream buffers, will minimize damage to public and private property,
promote a functional storm drainage system, reduce local flooding and
drainage problems, and maintain, to the extent practicable, the pre -
developed stormwater runoff characteristics of the developed site.
(b) Applicability.
(1) Coverage. This section (Stormwater Management Control Requirements)
applies to the following type of developments.
a. All sites containing new development and/or redevelopment
including grading, paving, gravel placement, and construction of
buildings and other structures within the corporate limits and the
extraterritorial jurisdiction of the City of Greensboro.
b. The construction and installation of new public improvements by
local government agencies shall comply with the provisions of this
article to the extent practicable.
(c) Participation in a regional stormwater management facility.
(1) Where permitted. Where a regional stormwater management facility has
been established by one (1) or more local governments, or by an
authority operating on behalf of one (1) or more local governments, a
development may participate in said program in lieu of any certification of
runoff control required by this article, provided that:
a. Runoff from the development drains to an approved existing or
proposed public regional stormwater management facility that will
be operational within two (2) years;
b. Participation is in the form of contribution of funds, contribution of
land, contribution of stormwater management facility construction
work, or a combination of these, the total value of which shall be in
accordance with fee schedule adopted by the City Council; and
C. The technical review committee finds that the stormwater
management plan is in compliance with all other applicable
requirements of this article.
(2) Use of contributions. Each contribution from a development participating
in a regional stormwater management facility shall be used for
acquisition, design, construction or maintenance of one (1) or more such
facilities in the same watershed in which the development is located.
(d) Stormwater management plan.
(1) Plan required. A stormwater management plan and separate

maintenance plan in accordance with the requirements of this article shall
be submitted to the enforcement officer and shall include all applicable
information listed in the Stormwater Management Manual and the Storm
Sewer Design Manual. The stormwater management plan may be
combined with any required watershed development plan.
(2) Plan approval. The technical review committee is authorized to approve
the stormwater management plan, which is in conformance with the
requirements of this article. Approval of the stormwater management plan
must be as follows:
a. Site plans: The stormwater management plan and separate
maintenance plan must have approval prior to or concurrent with
site plan approval.
b. Preliminary subdivision plats: The stormwater management plan
must have approval prior to or concurrent with preliminary
subdivision plat approval except that when a stormwater
management improvement is proposed, the construction plan
details including proposed grading, dimensions, calculations, etc.
for the proposed improvement and the separate maintenance plan
may be approved following preliminary subdivision plat approval.
The construction plan details and separate maintenance plan
must be approved prior to issuance of any permits as specified in
section 27-22(d)(3),
(3) Approved plan a prerequisite. The enforcement officer is not authorized to
issue any permits, except as provided in section 34-3-4.2 (Permits Issued
Prior to Site Plan or Preliminary Plat Approval) of the Greensboro
Development Ordinance, for development on any land unless and until a
stormwater management plan, that is in compliance with the requirements
of this section, has been approved.
(4) Plan certification requirement for structural stormwater management
improvements. Where a structural stormwater management improvement
is required for a development to meet the requirements of this article, a
North Carolina licensed professional engineer shall sign and seal a
certification on the plan that the plan meets all stormwater management
requirements of this section.
(e) Stormwater management improvements.
(1) Construction of improvements.
a. The construction of all structural stormwater management
improvements, shown on an approved stormwater management
plan shall be substantially completed prior to final plat recordation
or issuance of any building certificate of compliance. Upon
approval by the enforcement officer, a surety for the completion of
stormwater management improvements may be given to the City
of Greensboro in order to record the final plat.
b. Final approval of the installed stormwater management
improvements is required at the time of issuance of the final
building certificate of compliance. If neither a building permit nor a

grading permit is required for a site, then the installation of the
required structural stormwater management improvements shall
be substantially completed or a surety for completion must be
obtained prior to installation of any built -upon area on the site. An
engineer's certification of completion of the form below (which is
identical to Table 30-7-1-6 of the Greensboro Development
Ordinance), shall be required prior to final approval by the
enforcement officer.
Table 30-7-1-6
ENGINEER'S CERTIFICATION OF
STORMWATER CONTROL COMPLETION
The engineer's certification, required according to section 30-7-1.6(B) of the Greensboro
Development Ordinance and section 27-22(e) of the Stormwater Management
Ordinance upon completion of permanent stormwater control structures, shall be of the
following form:
ENGINEER'S CERTIFICATION OF
STORMWATER CONTROL COMPLETION
I certify that, pursuant to generally accepted engineering standards in the
community, it is my professional opinion that the permanent stormwater
control(s) labeled as on this plat (or on flame of plat) as
recorded in PB PG in the Office of the Guilford County
Register of Deeds) has been completed in conformance with the plans and
specifications approved on (approval date), has its full design volume available,
and is functioning as designed.
P.E. SEAL
SIGNATURE
DATE
(2) Recordation of permanent improvements. All permanent stormwater
management improvements and associated access/maintenance
easement(s) shall be recorded on a final plat, and if required by section
27-22(e)(3), a mechanism to ensure their maintenance shall be
established concurrent with or prior to plat recordation.
(3) Maintenance responsibility.
a. When a stormwater management improvement serves more than
one (1) parcel, an owners' association or binding contract for the
purpose of maintenance is required. See section 30-6-10.1,
Establishment of Owners' Association, of the Greensboro
Development Ordinance.
The owner or owners' association shall be responsible for
maintaining the completed stormwater management improvement
as directed by the governmental office having jurisdiction for
stormwater management or by the approved maintenance plan. If

an owners' association is responsible for the maintenance of the
stormwater management improvements such responsibility must
be stated in the association declaration. An underground
oversized storm sewer system which is approved through TRC for
acceptance and maintenance by the city, carries public waters
and is located either in the dedicated street right-of-way or
drainage maintenance and utility easement is exempt from this
requirement.
C. The enforcement officer has the authority to inspect stormwater
management improvements and to notify the responsible property
owner or owners' association when maintenance or repairs are
required. All required repairs and maintenance shall be performed
within ninety (90) days after such notice. in case of failure by the
responsible party to perform the required maintenance or repairs
within the stated period, the city may perform such maintenance
or repairs and recover all costs attendant thereto from the property
owner or owners' association.
(f) Stream protection requirements.
(1) Stream channelization/piping.
a. Perennial streams, as defined by the Stormwater Management
Manual, within a designated water supply watershed may not be
channelized or piped, except for channelization permitted
pursuant to section 30-7-1.8(C), Stream Channelization.
b. Perennial streams that are outside of a designated water supply
watershed and other streams that are not classified as perennial
may be channelized or piped, but only after obtaining all
applicable federal and state permits and certifications.
(2) Stormwater management stream buffers. On any streams where section
30-7-1.8, Stream Buffer Required, requires a stream buffer, this section
will require the same buffer. On all other streams, or section of streams,
to which this section applies, stream buffers with minimum widths as
specified below shall be maintained along all open (1) perennial streams,
as defined by the Stormwater Management Manual, and (2) drainage
channels draining an area equal to or larger than fifty (50) acres.
a. The buffer shall consist of two (2) strips of land totaling a minimum
total width of fifty (50) feet on each side of the water body:
The first strip of land has a minimum width of fifteen (15)
feet measured horizontally from and perpendicular to the
top of stream bank, or the top of slopes steeper than
fifteen (15) percent, or the edge of contiguous sensitive
areas (i.e. wetlands). This first strip of land and the area
between this first strip of land and the first strip of land on
the other side of the water body is to be maintained free
from development including disturbance of the soil, grading
or filling, erection of structures, fences or placement of
built -upon surfaces except those associated with street

and driveway crossings, utility crossings, and installation of
stormwater management facilities where no practicable
alternative exists.
The second strip of land has a minimum width of thirty-five (35) feet
measured horizontally from and perpendicular to the landward edge of
the first strip of land. This second strip of land is to be maintained free
from occupied structures and shall maintain a built -upon area below fifty
(50) percent with the exception of public or private street crossings.
(g) Stormwater management requirements.
(1) Stormwater management requirements for all new development and
redevelopment shall consist of, as a minimum, runoff control measures
necessary to control runoff to a level which will not cause increased off -
site quantity problems as specified in (2) and (3) below.
(2) Quantity control requirements.
a. The engineer shall provide a certification that said development or
redevelopment would not cause increased offsite flooding,
drainage, or erosion problems. Determination of impacts shall be
based on hydrologic and hydraulic engineering studies extending
downstream to a point where the proposed site development or
redevelopment represents less than ten (10) percent of the total
drainage area or watershed. The studies shall be based on an
analysis of both two- and ten-year storm events. (see Stormwater
Management Manual).
b. Where it is determined that the development of the said site does
contribute to flooding, drainage or soil erosion problems at any
location between the proposed development site and the ten (10)
percent downstream point then stormwater quantity control
improvements must be implemented. The stormwater quantity
control improvements must limit the two-year and ten-year post -
development peak discharge rates to pre -development peak
discharge rates, to minimize increased flooding, drainage, and
erosion problems. These improvements may consist of
nonstructural approaches such as natural swales, depressions in
the land and other natural approaches, or structural approaches
such as detention structures (wet and dry basins), extended
detention facilities and altemative best management practices with
provisions for stormwater quantity control. A combination of
nonstructural and structural approaches is encouraged.
C. For stormwater management improvements that are proposed to
be implemented to meet the quantity control requirements of this
section, a hydrologic -hydraulic analysis of the site drainage
system in the pre -development condition and the post -
development condition shall be performed. The analysis should be
included with the stormwater management plan and should
demonstrate that the quantity control requirements stated in
section 27-22(h)(2) will be achieved by the proposed
improvements. These improvements shall be subject to review

and approval by the enforcement officer.
(3) Developments that meet the requirement for being identified as an
integrated multiple use developments, planned unit developments,
phased developments or group developments can meet the requirements
of section 27-22(g) at the point the discharge leaves the overall property.
(h) Master plan requirements. It is the intent of the City of Greensboro to produce
stormwater quantity and quality management master plans to guide the design
and development of the drainage system for all of the major sub -watersheds and
watersheds in the city. Where such master plans are available and approved by
the city council, site development projects are to conform to the stormwater
management guidance and standards available in said master plans.
(i) Additional requirements. If site characteristics indicate that complying with the
minimum stormwater management requirements of this section will not provide
adequate designs or protection for local residents, and downstream property, it
shall be the site designer's responsibility to exceed the minimum requirements as
necessary.
{j) Exempt activities. The following activities are exempt from the requirements of
section 27-22(g). However, any restrictions upon building location, drainageways,
pavement, or other built -upon area, or any other matter appearing on any
previously approved development plan covering the subject property, shall be
complied with unless and until replaced by an approved revised plan.
(1) Individual single-family housing on an individual lot.
(2) Replacement of existing built -upon area with like or lesser amount of new
built -upon at the same location, or at a different location on the same
zone lot if the enforcement officer has determined that equal or improved
stormwater management will result.
(3) Placement of small accessory buildings or structures or small amounts of
additional built -upon area provided that the total additional built -upon area
is no greater than four hundred (400) square feet.
(Ord. No. 99-35, § 1, 3-16-99; Ord. No. 00-54, § 1, 4-4-00; Ord. No. 01-79, § 2, 4-3-01)
Editor's mote: Section 2 of Ord. No. 00-54, adopted April 4, 2000, in part, provided as
follows:
"Property covered by one or more of the following will be exempt from this ordinance
[Ord. No. 00-541:
1. Unified Development Plan approved prior to April 4, 2000.
2. Preliminary Subdivision Plat approved between July 1, 1997 and April 4, 2000 or
covered by an earlier preliminary plat that remained valid (refer to Sections] 30-6-7.8
and 30-6-12) at any time during this period. This exemption also applies to the
placement of one principal building and accessory structures on each lot.
3. Site plan approved between July 1, 1997 and April 4, 2000 or covered by an earlier
site plan that remained valid (refer to Section 30-3-11.4(F)) at any time during this
period.

Secs.27-23--27-30. Reserved.
ARTICLE III. ILLICIT DISCHARGES AND IMPROPER DISPOSAL
Sec. 27-31. Prohibited discharges.
(a) Illicit connections.
(1) It shall be unlawful to use any stream or watercourse to cant' off water
from any kitchen sink, bathtub or privy, or to carry off any fluid of an
offensive or dangerous nature. No water or refuse from any industrial,
commercial or institutional process, including uncontaminated water used
for heating or cooling, shall be discharged in any stream or watercourse
by any person until such person has obtained the appropriate local, state
and federal permits. (Section 18-5(e))
(2) Street and utility construction.
Plans. When required, street and utility construction plans for all
public or private street and water, sanitary sewer, and storm
sewer facilities shall be submitted to the city following conditional
approval or approval of the site plan. For each phase of the site
plan, street and utility construction plans shall include all
improvements lying within or adjacent to that phase and all water,
sanitary sewer, and storm sewer lines lying outside that phase
and being required to serve that phase.
b. No construction without plan approval. None of the improvements
listed above shall be constructed until the street and utility
construction plans for such improvements have been reviewed
and approved by the city.
C. Inspections. Work performed pursuant to approved street and
utility construction plans shall be inspected and approved by the
city. (Ref: Section 30-3-11.3(A)(B)(C))
(3) It shall be unlawful, wilfully or negligently to injure, deface, mutilate,
destroy, tamper or interfere with any city -owned property or any property
used in the city's water, sanitary sewer or storm sewer, police or fire
alarm system. (Ref: Section 18-2)
(4) In accordance with city policy permits shall be required before the
construction of any connection to the municipal separate storm sewer.
(See City of Greensboro's Roadway and Utility Design Manual)
(b) Improper disposal. It shall be unlawful for any person to discharge non -storm
water to any storm water conveyance with the exception of the following:
(1) Water line flushing;
(2) Diverted stream flows;
(3) Rising ground waters;
(4) Uncontaminated ground water infiltration (as defined at 40 CFR

(c)
(d)
35.2005(20)) to separate storm sewers;
(5) Uncontaminated pumped ground water discharges from potable water
sources;
(6)
Foundation drains;
(7)
Air conditioning condensation;
(8)
Irrigation water;
(9)
Springs;
(10)
Water from crawl space pumps;
(11)
Footing drains;
(12)
Lawn watering;
(13) Car washing at one's residence, not for hire;
(14) Flows from riparian habitats and wetlands;
(15) Dechlorinated swimming pool discharges;
(16) Street wash waters; and
(17) Discharges from firefighting.
Litter and refuse control.
(1) It shall be unlawful to throw, place or deposit any refuse in any street,
public place, on any private property, or in any conveyance within the city
limits, except in garbage cans or garbage receptacles as provided in
chapter 25, or as approved by the city manager or his designee. (Ref:
Section 25-3(a))
(2) It shall be unlawful for any person to throw any garbage, peelings or
miscellaneous litter upon any of the sidewalks in the city or upon the
floors of any churches, public halls, theaters, buses or other public
places. It shall be unlawful for any person to place, drop or throw any
litter, garbage, refuse, grass, shrubbery, tree clippings, bottles, cans, or
containers or any kind upon any median strip, alleyway, street or street
right-of-way, park or grass strip, or in any conveyance, or upon the private
premises of another without permission of the owner or person in control
of such premises, or upon any public property; provided, however, that
the provisions of this section do not apply to those materials required to
be placed for collection on the grass or park strip by chapter 10 of this
Code. (Ref: Section 26-11)
Organic waste.
(1) Loose leaves shall be collected at curbside by city forces from October 1
through the second Wednesday in January. Ali other times during the
year, leaves shall be bagged or containerized in approved receptacles.
(Ref: Section 25-32(c))
(2) It shall be the duty of the property owner to keep leaves that have been
piled for fall leaf collection out of the gutter, inlet, catch basin, or side

ditch.
(3) It shall be unlawful to place stumps or any organic materials on any
property, public or private, except in those specific areas designated for
such use by the city manager or his representative. (Ref: Section 26-3(b))
(4) It shall be unlawful to place grass clippings, leaves, tree and shrub
clippings, or any other yard wastes in any street, storm drain, stream,
storm water conveyance, or any other location where concentrated storm
water flows will wash such wastes into the storm sewers.
(5) No privy, pigpen or stable of any kind shall be permitted to stand so near
any stream, ditch, drain, or storm water conveyance of any kind that the
droppings therefrom will run into such stream, ditch, drain, or storm water
conveyance or in any way poison or contaminate the water therein; nor
shall the urine from any privy be allowed to fall or be emptied into any
stream, ditch, drain, or storm water conveyance. (Ref: Section 18-5(d))
(6) Every owner and/or person in possession of any premises across through
which any stream or open ditch runs, or on which any body of water is
impounded, shall keep the banks and edges of the stream, ditch or body
of water free and clear of accumulations of debris which might block,
hinder, or obstruct the natural flow of water in swales, streams, creeks,
surface waters, ditches, or drains, to the extent that standing water is
created on the premises.
(Ord. No. 94-22, § 1, 5-2-94; Ord. No. 00-225, § 2, 12-5-00)
Sec. 27-32. Spill response.
(a) Purpose and authority. The Greensboro Fire Chief or his designee shall have the
authority to summarily abate, control and contain hazardous materials which are
emitted into the environment in such a manner as to endanger the health or
safety of the general public or the environment. The fire chief or his designee
shall have the authority to enter public or private property with or without the
owner's consent, to respond to such hazardous materials emergencies. The fire
chief or his designee shall determine the type, amount and quantity of equipment
and personnel required to adequately abate, control and contain all hazardous
materials which are emitted into the environment. (Ref: Section 10-30)
(b) Responsibility, fees and charges. The property owner and/or the person
exercising control over the hazardous materials that create the hazardous
material emergency shall be held financially liable br the response, control,
containment, equipment, and materials costs incurred by the city fire department
during the emergency. The property owner and/or person exercising control over
such hazardous material, may provide personnel to assist abatement, removal
and remedial measures, provided such personnel have been adequately
equipped and trained pursuant to the requirements of state and federal laws. The
City of Greensboro shall not be liable for the use of outside personnel,
Assistance shall consist of any or all of the following:
(1) Informing fire department personnel of all matters pertaining to the
incident;

(2) Supplying emergency response plan information for the site;
(3) Supplying emergency response equipment, personnel and materials.
The city will charge for abatement, control and containment of hazardous
material responses or fire incidents involving hazardous materials which accrue more
than one hundred dollars ($100,00) in charges. In all cases the first one hundred dollars
($100.00) of expenses shall not be charged to the person in default.
Charges for hazardous materials emergency response on behalf of the city by
the fire department shall be based upon the following schedule:
(1) Engine response shall be one hundred dollars ($100.00) for each hour, or
any part thereof.
(2) Additional engine response shall be one hundred dollars ($100.00) for
each hour, or any park thereof.
(3) Hazardous materials unit response shall be one hundred seventy-five
dollars ($175.00) for the initial hour, or any part thereof, and one hundred
dollars ($100.00) for each additional hour, or any part thereof.
(4) Ladder truck response shall be fifty dollars ($50.00) for each hour, or any
part thereof.
(5) Squad truck response shall be fifty dollars ($50.00) for each hour, or any
part thereof.
(6) Battalion chief response shall be no charge for the initial hour, twenty-five
dollars ($25.00) for each additional hour or any part thereof.
(7) Any other actual costs of abatement, control and containment of the
hazardous materials other than set out above.
Failure to pay the charges as assessed shall give the city a right to levy a lien
upon the land or the premises where the hazardous material emergency arose and the
levy shall be collected in the same manner as unpaid taxes pursuant to the authority of
N.C.G.S. 160-A 193. (Ref: Section 10-31)
(c) Fire incidents involving hazardous materials. In fire incidents that involve
hazardous materials or an exposure to hazardous materials, no fee will be
assessed for resources normally associated with firefighting operations. Fees
shall be assessed for those activities and resources (reference section 10-31)
associated with the abatement, control and containment of the hazardous
materials involvement or exposure which accrues more than one hundred dollars
($100.00) in charges. (Ref: Section 10-32)
(Ord. No. 94-22, § 1, 5-2-94)
Secs.27-33--27-40. Reserved.
ARTICLE IV, INDUSTRIAL AND RELATED FACILITIES
Sec. 27-41. Review of storm water pollution prevention plans.

The city may review the storm water pollution prevention plans required under a
facility's NPDES storm water discharge permit when outfall monitoring or the illicit
discharge/improper disposal program locates a suspected violator.
(Ord. No. 94-22, § 1, 5-2-94)
Secs.27-42--27-45. Reserved.
ARTICLE V. CONSTRUCTION SITE RUNOFF
Sec. 27-46. Self inspection records.
The city's manager or his designee may review on request the self -inspection
record required for sites with land -disturbing activity greater than five (5) acres. Site
operators who do not supply the requested information shall be reported to DEM for
permit noncompliance.
(Ord. No. 94-22, § 1, 5-2-94)
Sec. 27-47. Runoff control structures.
Runoff control structures shall be constructed and maintained according to the
specifications in the development ordinance (Chapter 30) and the North Carolina
Erosion and Sediment Control Planning and Design Manual.
(Ord. No. 94-22, § 1, 5-2-94)
Secs.27-48--27-50. Reserved.
ARTICLE VI. ENFORCEMENT
Sec.27-51. Violations.
Any of the following shall be a violation of this chapter and shall be subject to the
enforcement remedies and penalties provided by this article and by state law:
(1) Development without permit. To engage in any development, use,
construction, remodeling, or other a;tivity of any nature upon land or
improvements thereon subject to the jurisdiction of this chapter without all
required permits, certificates, or other forms of authorization as set forth
in this chapter.
(2) Development inconsistent with permit. To engage in any development,
use, construction remodeling or other activity of any nature in any way
inconsistent with any approved plan, permit, certificate, or other form of
authorization granted for such activity.
(3) Violation by act or omission. To violate, by act or omission, any term,
variance, modification, condition, or qualification placed by the city council
or its agent boards upon any required permit, certificate, or other form of
authorization of the use, development, or other activity upon land or

improvements thereon.
(4) Use in violation. To erect, construct, reconstruct, alter, repair, convert,
maintain, or use any building or structure or to use any land in violation or
contravention of this chapter or any other regulation made under the
authority conferred thereby.
(5) Continuing a violation. To continue any of the above violations is a
separate and distinct offense each day.
(Ord. No. 94-22, § 1, 5-2-94)
Sec. 27-52. Civil penalties.
(a) Illicit connections.
(1) Any person who is found responsible for an illicit connection shall receive
a notice of violation when the connection is discovered. The person shall
have thirty (30) days to remove the connection. At the end of that time if
the connection has not been removed, the city may enter the property
and take measures necessary to remove the connection and perform
whatever cleanup or abatement is necessary. If the person fails to
remove the connection in the time prescribed, the city may petition the
superior court of justice, for the issuance of an injunction to compel
removal and payment; however, removal of the illicit connection shall be
immediate upon the determination of the storm water services division
that the connection poses an imminent threat to public health.
(2) If any person who previously has been found to have an illicit connection
reconnects to the municipal separate storm sewer, he shall be assessed
a civil penalty not to exceed five thousand dollars ($5,000.00). The
penalty shall increase by twenty-five percent (25%) of the previous
penalty amount for every subsequent illicit connection made by the same
person. The penalty shall be additional to the cost of cleanup and
abatement. If the person has or is required to have a storm water
discharge permit from the state division of environmental management,
the city shall alert the appropriate state authorities of the violation. In
determining the amount of the penalty the city manager or his designee
shall consider the following:
a. The degree and extent of the harm to the natural resources, to the
public health, or to the public or private property resulting from the
violation;
b. The duration and gravity of the violation;
C. The effect on ground or surface water quality or on air quality;
d. The cost of rectifying the damage;
e. The amount of money saved by noncompliance;
f. Whether the violation was committed willfully or intentionally;
g. The prior record of the violator in complying or failing to comply
with the storm water quality management program; and

The costs of enforcement to the City of Greensboro.
(b) Improper disposal.
(1) Process wastewater. Any person who is found to have improperly
disposed of process wastewater to the municipal separate storm sewer
shall be assessed a civil penalty not to exceed five thousand dollars
($5,000.00). In determining the amount of the penalty the city manager or
his designee shall consider the following:
a. The degree and extent of the harm to the natural resources, to the
public health, or to the public or private property resulting from the
violation;
b. The duration and gravity of the violation;
C. The effect on ground or surface water quality or on air quality;
d. The cost of rectifying the damage;
e. The amount of money saved by noncompliance;
f. Whether the violation was committed willfully or intentionally;
g. The prior record of the violator in complying or failing to comply
with the storm water quality management program; and
h. The costs of enforcement to the City of Greensboro.
(2) Bulk sales. Any person who is found to have improperly disposed of any
substance that was purchased at a bulk sales location which, upon
discharge to the municipal separate storm sewer system or drainage
network, would have an adverse impact on water quality or cause the city
to be in noncompliance with any applicable environmental permit shall be
assessed a civil penalty not to exceed five thousand dollars ($5,000.00).
In determining the amount of the penalty the city manager or his designee
shall consider the following:
a. The degree and extent of the harm to the natural resources, to the
public health, or to the public or private property resulting from the
violation;
b. The duration and gravity of the violation;
C. The effect on ground or surface water quality or on air quality;
d. The cost of rectifying the damage;
e. The amount of money saved by noncompliance;
f. Whether the violation was committed willfully or intentionally;
g. The prior record of the violator in complying or failing to comply
with the storm water quality management program; and
h. The cost of enforcement to the City of Greensboro.
(3) Household products. Any person who is found to have improperly
disposed of any substance that was purchased over-the-counter for

household, in quantities considered normal for household purposes,
which, upon discharge to the municipal separate storm sewer system or
drainage network, would have an adverse impact on water quality or
cause the city to be in noncompliance with any applicable environmental
permit shall be assessed a civil penalty not to exceed five hundred dollars
($500.00). In determining the amount of the civil penalty the city manager
cr his designee shall consider the following:
The degree and extent of the harm to the natural resources, to the
public health, or to the public or private property resulting from the
violation;
b. The duration and gravity of the violation;
C. The effect on ground or surface water quality or on air quality;
d. The cost of rectifying the damage;
e. The amount of money saved by noncompliance;
f. Whether the violation was committed willfully or intentionally;
g. The prior record of the violator in complying or failing to comply
with the storm water quality management program; and
h. The costs of enforcement to the City of Greensboro.
(4) Yard waste. Any person who is found to have improperly disposed of
leaves, grass clippings, or other yard wastes shall be assessed a civil
penalty not to exceed five hundred dollars ($500.00). In determining the
amount of the penalty the city manager or his designee shall consider the
following:
a. The degree and extent of the harm to the natural resources, to the
public health, or to the public or private property resulting from the
violation;
b. The duration and gravity of the violation;
C. The effect on ground or surface water quality or on air quality;
d. The cost of rectifying the damage;
e. The amount of money saved by noncompliance;
Whether the violation was committed willfully or intentionally;
The prior record of the violator in complying or failing to comply
with the storm water quality management program; and
The costs of enforcement to the City of Greensboro.
(5) Repeat violation. If a person is found to be responsible for more than one
(1) instance of improper disposal, the penalty shall increase by twenty-
five percent (25%) of the previous penalty amount for each subsequent
improper disposal. The penalties shall be additional to the cost of clean-
up and abatement.
(6) Watershed areas. The penalty assessed for any of the above violations

shall be increased by twenty-five percent (25%) of the amount assessed if
it occurs in any designated water -supply watershed area.
(7) Failure to report. The penalty assessed for any of the above violations
shall be increased by twenty-five percent (25%) of the amount assessed
for any spill not properly reported by the violator once he has knowledge
of the violation,
(c) In the event there are subsequent penalties assessed by the state against the
city for improper disposal or illegal dumping, or illicit connection into the
municipal separate storm sewer system as identified in Section 27-52 (a) and (b),
caused by any person, such person shall be assessed the equivalent amount of
civil penalty.
(Ord. No, 94-22, § 1, 5-2-94)
Sec. 27-53. Public nuisances.
(a) Nuisances. The following enumerated and described conditions are found,
deemed and declare to constitute a detriment, danger and hazard to the health,
safety, morals, and general welfare of the inhabitants of the city and are found,
deemed and declared to be public nuisances wherever the same may exist and
the creation, maintenance, or failure to abate any nuisances is hereby declared
unlawful. The natural conditions on lands dedicated to and/or accepted by the
city as natural stream corridors, floodplain and/or open space which are
established in order to preserve natural greenways, vegetative stream buffers,
and/or natural connecting networks along floodways, streams, and creeks are
deemed and declared as exceptions for the purpose of enforcement of this
article,
(1) Any condition which constitutes a breeding ground or harbor for rats,
mosquitoes, harmful insects, or other pests.
(2) A place of dense growth of weeds or other noxious vegetation over twelve
(12) inches in height.
(3) An open place of concentration of combustible items such as mattresses,
boxes, paper, automobile tires and tubes, garbage, trash, refuse, brush,
old clothes, rags, or any other combustible materials or objects of a like
nature.
(4) An open place of collection of garbage, food waste, animal waste, or any
other rotten or putrescible matter of any kind.
(5) Hides, dried or green, provided the same may be kept when thoroughly
cured and odorless.
(6) Any furniture, appliances, or metal products of any kind or nature openly
kept which have jagged edges of metal or glass, or areas of confinement.
(7) Any condition which blocks, hinders, or obstructs in any way the natural
flow of water in swales, streams, creeks, surface waters, ditches, or
drains, to the extent that standing water is created on the premises. (Ref.
Section 17-1(1)(3)(4)(6)(7)).

(b) Notice to abate; emergency abatement by city. If any person shall violate the
provisions of section 17-1, it shall be the duty of the city manager or his designee
to give notice to the owner or to any person in possession of the subject property,
as provided by section 17-3, directing that all unlawful conditions existing
thereupon be abated within ten (10) days from the date of such notice; provided,
that if, in the opinion of the city manager or his designee, the unlawful condition is
such that it is of imminent danger or peril to the public, then an authorized public
works representative may, without notice, proceed to abate the same, and the
cost thereof shall be charged against the property as is provided in section 17-5
(Ref: Section 17-2)
(c) Abatement by city where owner fails to abate. Upon the failure of the owner or
person in possession of any premises to abate any unlawful condition existing
thereupon within the time prescribed by section 17-2, it shall be the duty of an
authorized public works representative to cause the removal and abatement of
such unlawful condition therefrom pursuant to section 17-5(a)).
(Ord. No. 94-22, § 1, 5-2-94; Ord. No. 00-225, § 3, 12-5-00)
Sec.27-54. Remedies.
Any or all of the following procedures may be used to enforce the provisions of
this chapter:
(1) Injunction. Any violation of this chapter or of any condition, order,
requirement, or remedy adopted pursuant hereto may be restrained,
corrected, abated, mandated, or enjoined by other appropriate
proceeding pursuant to state law.
(2) Civil penalties. Any person who violates any provision of this chapter shall
be subject to the assessment of a civil penalty under the procedures
provided in section 27-52 (Civil Penalties).
(3) Denial of permit. The city manager or his designee shall withhold or deny
any permit, certificate, or other authorization on any land, building,
structure, or use in which there is an uncorrected violation of a provision
of this chapter, or of a condition or qualification of a permit, certificate, or
other authorization previously granted.
(4) Conditional permit or temporary certificate. The city manager or his
designee may condition the authorization of any permit or certificate upon
the correction of the deficiency, payment of civil penalties within a
specified time, or the posting of a compliance security approved by
appropriate government authority.
(5) Revocation of permit. The city manager or his designee may revoke and
require the return of a permit or certificate by notifying the permit holder in
writing, stating the reason for the revocation. Permits or certificates shall
be revoked for any substantial departure from the approved application
plans, or specifications; refusal or failure to comply with the requirements
of state or local law; or for false statements or misrepresentations made
in securing the permit or certificate. Any permit or certificate mistakenly
issued in violation of any applicable state or local law may also be
revoked.

(6) Criminal penalties. Any violation of this chapter shall be a misdemeanor
or infraction as provided by NCGS 14.4. Each violation shall be subject to
a fine not to exceed five hundred dollars ($500.00).
(7) Notification of the state enforcement officials.
a. Industrial and related facilities. When a city manager or his
designee discovers an apparent violation of an industrial or related
facility's NPDES storm water discharge permit or that the facility is
not operating pursuant to its storm water pollution prevention plan,
the city shall notify the appropriate state officials immediately.
b. Construction sites. If the city manager or his designee discovers
an apparent violation of the NPDES storm water discharge permit
required by the state for sites with land -disturbing activity greater
than five (5) acres, he shall report the violation immediately to the
appropriate state officials.
C. Abatement. When the discharge from the facility interferes
significantly with the municipal separate storm sewer, and the
facility fails to take appropriate actions upon notification by the
city, the city may take immediate and appropriate measures to
control the problem whether or not the facility is violating its
NPDES permit and recover the cost from the facility.
(8) Judicial enforcement. When any person is in violation of the provisions of
this chapter, the city manager or his designee, through the city attorney,
may petition the superior court of justice for the issuance of a restraining
order or a preliminary and permanent injunction which restrains or
compels the activities in question.
(Ord. No. 94-22, § 1, 5-2-94)
Secs.27-55--27-60. Reserved.
ARTICLE VII. APPEALS
Sec. 27-61. Appeal hearing.
(a) Any person assessed a civil penalty under this chapter shall have the right to a
hearing before the storm water services division upon making a written demand
to the division specifying the issues to be contested, within thirty (30) days
following receipt of the assessment.
(b) Unless such written demand is made within the time specified herein, the action
shall be final and binding.
(c) The storm water services division shall make a final decision on the contested
penalty within thirty (30) days of the receipt of the written demand for a hearing.
(d) The storm water services division shall transmit a copy of the decision by
registered or certified mail.
(e) The decision of the storm water services division shall be considered the final

administrative action for the purposes of judicial review.
(Ord. No. 94-22, § 1, 5-2-94)
Sec. 27-62. Judicial review.
Any person may seek judicial review of a final administrative decision by the
storm water services division by filing a petition for writ of certiorari within thirty (30) days
after receipt of notice by registered or certified mail, but not thereafter, with the Superior
Court of Guilford County and with a copy to the City of Greensboro.
(Ord. No. 94-22, § 1, 5-2-94)
Secs.27-63--27-65. Reserved.
ARTICLE Vill. SERVICE CHARGES AND RATES
Sec. 27-66. Definitions for rate calculations.
[The following definitions shall apply concerning rate calculations:]
Equivalent residential unit (ERU) two thousand five hundred forty-three (2,543)
square feet of impervious surface.
Impervious surface. An area composed of any material that impedes or prevents
natural infiltration of water into the soil. Impervious area shall include but is not limited to
roofs, decks, driveways, patios, sidewalks, parking areas, tennis courts, concrete or
asphalt streets, crushed stone and gravel surfaces.
Otherpruperty unit. A parcel of land that is not a single-family residential unit.
Single-family residential unit. A building detached from other structures used as a
residence for four (4) or fewer family units.
(Ord. No. 94-22, § 1, 5-2-94)
Sec. 27-67. Purpose of service charge.
Storm water management services shall be funded through the operation of a
storm water utility, as authorized by state law, and charges shall apply to all property
within the city limits, without regard to ownership. Such charges shall be based on the
presence of impervious surface on each parcel as determined by the unit standard set
forth in section 27-66. The city shall set a base rate for single-family residential units and
calculate charges for other property units utilizing the equivalent residential unit as a
multiplier.
(Ord. No. 94-22, § 1, 5-2-94)
Sec. 27-68. Rate for service charges.
(a) Single-family residential unit shall pay a flat rate service charge of two dollars
and forty-four cents ($2.44) per month.

(b) Other property shall pay a service charge of two dollars and forty-four cents
($2.44) per month for each equivalent residential [unit] or portion of an equivalent
residential on the parcel. No charge shall be made on parcels with less than six
hundred (600) square feet of impervious surface.
(Ord. No. 94-22, § 1, 5-2-94)
ARTICLE IX. ANNEXATION
Sec. 27-69. Annexation of storm water sewers and drainage stems.
Upon annexation of property that includes dedicated public streets containing
storm sewers and other such storm water drainage system, such storm sewer systems
and features shall become the property of the city without cost to the city and shall be
incorporated into the city storm sewer and drainage system as if they were originally
constructed by the city.
(Ord. No. 94-22, § 1, 5-2-94)

ATTACHMENT #6

Attachment 6
0
United States Office of Water 832-F-99-046
Environmental Protection Washington, D.C. September 1999
Agency
VVEPA Storm Water
Management Fact Sheet
Visual Inspection
DESCRIPTION ADVANTAGES AND DISADVANTAGES
Visual inspection is a Best Management Practice
(BMP) in which members of a Storm Water
Pollution Prevention Team visually examine
material storage and outdoor processing areas, the
storm water discharges from such areas, and the
environment in the vicinity of the discharges, to
identify contaminated runoff and its possible
sources.
In a visual inspection, storm water runoff may be
examined for the presence of floating and
suspended materials, oil and grease, discoloration,
turbidity, odor, or foam; and storage areas may be
inspected for leaks from containers, discolorations
on the storage area floor, or other indications of a
potential for pollutants to contaminate storm water
runoff.
Visual inspections may indicate the need to modify
a facility to reduce the risk of contaminating ninoff.
APPLICABILITY
The U.S. EPA has recognized visual inspection as
a baseline BMP for over 10 years. Its
implementation, however, has been sporadic.
Implementation may increase as more facilities
de.yelop Storm Water Pollution Prevention Plans.
Implementation may also increase as facility
management recognizes vistial inspection to be
effective both in protecting water duality and in
rc(kicing costs.
Visual inspections are an effective way to identify
a variety of problems. Correcting these problems
can improve the water quality of the receiving
water.
Limitations associated with visual inspections
include the following:
• Visual inspections are effective only for
those areas clearly visible to the human eye.
• The inspections need to be performed by
qualified personnel.
• To be effective, inspections must be carried
out routinely. This requires a corporate
commitment to implementing them.
• Inspectors need to be properly motivated to
perform a thorough visual inspection.
KEY PROGRAM COMPONENTS
Visual inspections for signs of storm water
contamination should be performed routinely.
Plows should be observed during dry periods to
determine the presence of any stains, sludge, odors,
and other abnormal conditions.
Visual inSpectlolzs should also be made at all storm
water discharge outlet locations during the first
hour of a storm event, once runoff has reached its
maximum flow rate. Inspectors should examine the
discharge for the presence of' floating', and
suspended materials, oil and grease, discoloration,
turbidity, foam, or odor.

Inspection frequency interval may be determined by
the storm water discharge permit, by storm
frequency, or by the potential risk from the site.
Inspections should be made at least once a month in
areas with frequent storms; inspections may be less
frequent where stones are less frequent. Finally,
inspection frequency may be based in part on the
history of previous spills and leaks. Experienced
personnel should evaluate the causes of previous
accidents, assess the risks for future accidents, and
determine an inspection schedule based on these
risks.
Proper records of inspection results must be kept.
The record for each inspection should include the
date of the inspection, the names of the personnel
who performed the inspection, and their
observations.
Visual inspections of a facility should focus on the
following key areas:
• Storage facilities.
• Transfer pipelines.
• Loading and unloading areas.
• Pipes, pumps, valves, and fittings.
• Tanks (including internal and external
inspection of the tank for corrosion and
inspection of its support or foundation for
deterioration).
• Primary or secondary containment facilities
• Shipping containers.
In addition, a visual inspection should include
assessing the integrity of the storm water collection
system; checking for leaks, seepage, and overflows
from sludge and waste disposal sites; and ensuring
that dry chemicals and dust from industrial areas is
not exposed to wind or other elements that may move
thern into (lie nrnoff.
IMPLEMENTATION
A visual inspection BMI' program should be
incorporated into every storm water discharger's
record keeping and internal reporting structure.
Outfall flow rates and the presence of oil sheens,
floatables, coarse solids, color, and odors will
probably be the most useful indicators of potential
problems. Specific parameters to look for in
completing a visual inspection include the
following:
Odor: Discharge odors can vary widely.
Some may indicate the source of
contamination. Industrial discharges may
smell like a particular spoiled product, oil,
gasoline, a specific chemical, or a solvent.
For example, the decomposition of organic
wastes in a discharge will release sulfide
compounds, creating an intense smell of
rotten eggs. Significant sanitary
wastewater contributions will also cause
pronounced and distinctive odors.
• Color: Color may indicate inappropriate
discharges, especially from industrial
sources. Industrial discharges may be any
color. Dark colors, such as brown, gray, or
black, are most common. For instance,
flow contaminated by meat processing
industries is usually a deep reddish -brown.
Paper mill wastes (plating -mill wastes) are
often yellow. Wash water from cement and
stone working plants can cause cloudy
discharges. Contamination from industrial
areas may come from process waters (slug
or continuous discharges); from equipment
and work area wash water discharged to
floor drains; or from spills washed into
storm drains.
Turbidity: Turbidity is often affected by the
degree of gross contamination. Industrial
flows can be cloudy (moderately turbid) or
opaque (highly turbid). Undiluted industrial
discharges, such as those coming; from
continual flow sources or intermittent spills,
are often highly turbid. Sanitary wastewater
is also often cloudy in nature.

Floatable matter: A contaminated flow may
also contain floatable solids or liquids.
Identifying floatables can aid in finding the
source of the contamination, because these
substances are usually direct products or
byproducts of the manufacturing process or
the sanitary system. Lxamples of floatables
of industrial origin are animal fats, spoiled
food products, oils, plant parts, solvents,
sawdust, foams, packing materials, and fuel.
• Deposits and Stains: Deposits and stains
(residues) are any type of coating that
remains after a non -storm water discharge
has ceased. Deposits or stains usually are of
a dark color and usually cover the area
surrounding the storm water discharge.
They often contain fragments of floatable
substances, and, at times, take the form of a
crystalline or amorphous powder. For
example, contamination from leather
tanneries often produces grayish -black
deposits containing fragments of animal
flesh and hair. Another characteristic
example is the coating of white crystalline
powder formed on sewer outfalls by
nitrogenous fertilizer wastes.
Vegetation: Stone water discharges often
affect surrounding vegetation. Industrial
pollutants often cause a substantial
alteration in the chemical composition and
p1-1 of the discharge water, which can affect
plant growth even when the source of
contamination is iriteretiittetft. For example,
nutrients from various food product wastes
increase plant growth. In contrast, the
discharge of chemical dyes and inorganic
pigments from textile mills may decrease
vegetation, as these discharges are often
very acidic. In either case, even when the
pollution source is gone, the vegetation
surrounding the discharge will continue to
show the effects of the contamination.
In order to accurately judge ifthe vegetation
surrounding a discharge is normal, the
observer must take into account recent
weather conditions, as well as the time of
year. Increased or inhibited plant growth
near storm water discharges, as well as dead
and decaying plants, is often a sign of
pollution. However, it is important to
distinguish whether plant damage is caused
by contamination or by the physical effects
of increased flows, such as scour. This can
be done by chemically analyzing the flow or
by conf nning its source through additional
visual inspections.
• Structural Damage: Structural damage is
also a sign of industrial discharge
contamination. Cracked or deteriorated
concrete or peeling surface paint at an
outfall usually indicates the presence of
severely contaminated discharges.
Contaminants causing this type of damage
are usually very acidic or basic and are
usually of industrial origin. For instance,
discharges from primary metal industries
may cause structural damage because their
batch dumps are highly acidic.
The effectiveness visual inspections in reducing
storm water runoff contamination is highly variable
and dependent upon site -specific parameters.
These factors include inspectors' motivation level,
the types of industrial activity occurring at the
facility, and the facility's maintenance procedure$:
Because familiarity with facility operations is
essential in performing effective visual inspections,
the inspections should be assigned to qualified staff
such as maintenance personnel or environmental
engineers. Figure I provides a sample visual
evaluation worksheet that can be used to record the
results of the inspections.
COSTS
Costs for performing the visual inspection BMP are
minimal and consist of direct labor and overhead
costs for staff hours spent on training, planning
inspections, inspecting, and completing follow up
activities. Annual costs can be cstimatal using the
example in Table I. Figure 2 can be used as a
worksheet to calculate the estimated annual cost for
implementing a visual inspection program.

Outfall # _______________
Photograph #
_______________ Date: _
Location:
Weather: air temp.: ________°C
rain: Y N
sunny cloudy
Outfall flow rate estimate: L/sec
Known industrial or commercial uses in drainage area?
Y N
Describe:
PHYSICAL OBSERVATIONS
Odor: none sewage
sulfide oil
gas rancid -sour other:
Color: none yellow
brown
green gray other: _.
Turbidity: none cloudy
opaque
Floatables: none petroleum sheen
sewage other:
Deposits/stains: none
sediment
oily describe:
Vegetation conditions: normal
excessive growth
inhibited growth
extent:
Damage to outtall structures:
identify structure
(collect sample)
(collect sample)
damage: none / concrete cracking I concrete spalling / peeling paint I corrosion
other damage:
extent:
Source: Pitt, et. al, 1992.
FIGURE 1 VISUAL INSPECTION WORKSHEET
REFERENCES
1. California Environmental Protection
Agency, 1992. Staff Proposal for
Modification to Water Quality Order No.
91-13 DWQ Waste Discharge
Requirements for Dischargers of Storm
Water Associated with Industrial Activities,
Draft Wording, Monitoring; Program and
Reporting Requirements.
3. U.S. EPA, 1981. NPDES BMP Guidance
Document.
4. U.S. EPA. Pre-print, 1992. Storm Water
Management for Industrial ftctivities:
Developing Pollution Prevention Plans and
Best Management Practices. EPA 832-R-
92-006.
ADDITIONAL INFORII'IATION
2. Pitt R., D. Barbe, D, Adrian, and lt. Field, Centcr for Watershed Protection
1992. Investigation of Inappropriate Toni Schucler
Pollutant Entries into Storer Drainage 8391 Main Street
Systents-fl Users Guide, U.S. IPA, I dison, l"'llicott City, iIMD 21043
NJ.

AT'TACi-iMEN'1' #7
Rutherford Collep-e Water Supply Watershed Protection Ordinante

Attachment 7
44
Section 95. Corner Lots
In any residential district the side yard requirements for corner lots along the side street line
shall have an extra width often (10) feet. Accessory buildings shall observe all setback requirements
for the district in which they are located.
Section 96. Planned Development
In the case of two (2) or more buildings to be constructed on a plot of ground of at least two
(2) acres not subdivided into the customary streets and lots and which will not be so subdivided; the
application of the terms of this ordinance may be varied by the Board of Adjustment in a manner that
will be in harmony with the character of the neighborhood, provided:
96.1 Such cases are limited to those permitted within the zoning district in which the project is
located. In no case shall the Board authorize a use prohibited in the district in
which the project is to be located.
96.2 The overall intensity of land use is no higher and the standard of open space is no lower than
that permitted in the district in which the project is located.
96.3 The distance of every building from the nearest property line shall meet the front, rear and
side yard requirements of the district in which the project is located.
96.4 The building heights do not exceed the height limits permitted in the district in which the
project is located.
96.5 If the property lies within or abuts upon a residential district, there shall be a densely planted
buffer strip along the rear and/or side lines abutting the residential lots.
Section 97. Watershed Protection
97.1 Authority and Enactment.
The Legislature of the State of North Carolina has, in Chapter 160A, Ordinance 19,
Planning and Regulation of Development; and in Chapter 143, Ordinance 21, .
Watershed Protection Rules, delegated the responsibility or directed local
governmental units to adopt regulations designed to promote the public health,
safety, and general welfare of its citizenry.'IThe Town of Rutherford College, North
Carolina ("the Town"), does hereby ordain and enact into law the following articles
as the Watershed Protection Ordinance of Rutherford College, North.Carolina.,

45
97.2 Jurisdiction.
The provisions of this Ordinance shall apply within the overlay zones designated as
a Public Water Supply Watershed as defined and established on the "Official
Zoning Map of Rutherford College, North Carolina" ("the Zoning Map"), such
overlay zones being adopted simultaneously herewith. The Watershed Map and a]I
explanatory matter contained thereon accompanies and is hereby made apart of this
Ordinance. This Ordinance shall be permanently kept on file in the office of the
Town Clerk.
97.3 Exceptions to Applicability.
(A) Development activities that do not require a Sedimentation/Erosion Control Plan
are exempt from the requirements of this Section.
(B) Existing development, as defined in this Ordinance, is not subject to the
requirements of this Ordinance. Existing development is defined as those projects
that are built or those projects that at a minimum have established a vested right
under North Carolina zoning law as of the effective date of this Ordinance based on
at least one of the following criteria:
(1) having expended substantial resources (time, labor, money) based on a good
faith reliance upon having received a valid local government approval to
proceed with the project;
(2) having an outstanding valid building permit as authorized by NCGS 153A-
344.1 and NCGS 160A-385.1; or
(3) having an approved site specific or phased development plan as authorized by
NCGS 153A-344.1 and NCGS 160A-385.1.
(C) Expansions to structures classified as existing development must meet the
requirements of this Ordinance; however-, the built -upon area of the existing
development is not required to be included in the density calculations.
(D) Reconstruction of Buildings or- Built -Upon Areas. Any existing building or built -
upon area not in conformance with the restrictions of this Ordinance that has been
damaged or removed may be repaired and/or reconstructed, except that there are no
restrictions on single-family residential redevelopment, provided:
(1) Repair or reconstruction is initiated within twelve (12) months and completed
within two (2) years of such damage.

46
(2) The total amount of space devoted to built -upon area may not be increased
unless stormwater control that equals or exceeds the previous development is
provided.
(E) If a non -conforming lot of record is not contiguous to any other lot owned by the
same part, then that lot of record shall not be subject to the development
restrictions of this ordinance if it is developed for single family purposes.
97.4 Cluster or Planned Unit Development.
Cluster or Planned Unit Development is allowed in all Watershed Areas under the
following conditions:
(A) Development activities shall comply with the requirements of Sections 9-3-
105 and Section 9-3-106 of this Ordinance.
(B) All built -upon areas shall be designed and located to minimize stormwater
runoff impact to the receiving waters and minimize concentrated stormwater
flow.
(C) The remainder of the tract shall remain in a vegetated or natural state. The
title to the open space area shall be conveyed to an association for
management; to a local government for preservation as a park or open space;
or to a conservation organization for preservation in a permanent easement.
Where a property association is not incorporated, a maintenance agreement
shall be filed with the deeds.
97.5 Buffer Areas Reouired.
(A) A minimum one hundred (100) foot vegetative buffer is required for all new
development activities that exceed the low density option; otherwise, a
minimum thirty (30) foot vegetative buffer for development activities is
required along all perennial waters indicated in the most recent versions of
USGS 1:24,000 (7.5 minute) scale topographic maps or as determined by
local government studies. Artificial stream bank or shoreline stabilization is
permitted.
(B) No new development is allowed in the buffer except for water dependent
structures, other structures such as flag poles, signs and security lights which
result in only diminutive increase in impervious area, and public projects
such as road crossings and greenways where no practical alternative exists.
These activities should minimize built -upon surface area, direct runoff away
from the surface waters and maximize the utilization of' stormwater Best

47
Management Practices, defined as a structural or nonstructural management -
based practice used singularly or in combination to reduce non -point source
inputs receiving waters in order to achieve water quality goals.
97.6 Watershed Administrator and Duties Thereof.
The Rutherford College Town Council shall appoint a Watershed Administrator,
who shall be duly sworn in. It shall be the duty of the Watershed Administrator to
administer and enforce the provisions of this Ordinance as follows:
(A) The Watershed Administrator shall issue Watershed Protection Permits and
Watershed Protection Occupancy Permits as prescribed herein. A record of
all permits shall be kept on file and shall be available for public inspection
during regular office hours of the Administrator.
(B) The Watershed Administrator shall serve as staff to the Watershed Review
Board.
(C) The Watershed Administrator shall keep records of all amendments to the
local Water Supply Watershed Protection Ordinance and shall provide copies
of all amendments upon adoption to the Water Quality Section; of the
Division of Environmental Management.
(D) The Watershed Administrator is granted the authority to administer and
enforce the provisions of this Ordinance, exercising in the fulfillment of his
responsibility the full zoning and police power of the Town of Rutherford
College. The Watershed Administrator, or his duly authorized representative,
may enter any building, structure, or premises, as provided by law, to perform
any duty imposed upon him by this Ordinance.
(E) The Watershed Administrator shall keep a record of variances to the local
Water Supply Watershed Protection Ordinance. This record shall be
submitted each calendar year to the Water Quality Section, of the Division of
Environmental Management on or before January first of the following
calendar year and shall provide a description of each project receiving a
variance and the reasons for granting the variance.
97.7 Appeal from the Watershed Administrator.
(A) Any order, requirement, decision or determination made by the Watershed
Administrator may be appealed to and decided by the Board of Adjustment.

48
(B) An appeal from a decision of the Watershed Administrator must be submitted
to the Board of Adjustment within thirty (30) days from the date the order,
interpretation, decision or determination is made. All appeals must be made
in writing stating the reasons for appeal. Following submission of an appeal,
the Watershed Administrator shall transmit to the Board all papers
constituting the record upon which the action appealed from was taken.
(C) An appeal stays all proceedings in furtherance of the action appealed, unless
the officer from whom the appeal is taken certifies to the Board after the
notice of appeal has been filed with him, that by reason of facts stated in the
certificate, a stay would in his opinion cause imminent peril to life or
property. In such case, proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the Board or by a court of record
on application of notice of the officer from whom the appeal is taken and
upon due cause shown.
(D) The Board shall fix a reasonable time for hearing the appeal and give notice
thereof to the parties and shall decide the same within a reasonable time. At
the hearing, any party may appear in person, by agent or by attorney.
97.8 Establishment of Watershed Review Board.
There shall be and hereby is created the Watershed Review Board consisting of the
same membership as the Rutherford College Town Council. Terms for members of
the Watershed Review Board shall coincide with the membership terms for Town
Council.
97.9 Powers and Duties of the Watershed Review Board and Board of Adjustment.
(A) The Board of Adjustment shall be responsible for reviewing and hearing all
minor and major watershed variance cases. When hearing minor variance
cases, the Board shall proceed as provided in Article X1 of the Zoning
Ordinance for zoning variances.
(B) When a variance is considered the Board shall notify each municipality with
judisdiction in the area and the entity using the watershed for consumption, ten(10)
days in advance.
(C) If the application calls for the granting of a major watershed variance, and ifs
the Board of Adjustment decides in favor or granting the major watershed
variance, the Board shall prepare a preliminary record of the hearing with all
deliberate speed, The preliminary record of the hearing shall include:

49
(1) The variance applications;
(2) The hearing notices;
(3) The evidence presented;
(4) Motions, offers of proof, objections to evidence, and rulings on them;
(5) Proposed findings and exceptions;
(6) The proposed decision, including all conditions proposed to be added
to the permit.
(D) The preliminary record shall be sent to the Environmental Management
Commission for its review as follows:
(1) If the Commission concludes from the preliminary record that the
variance qualifies as a major variance and that (1) the property owner
can secure no reasonable return from, nor make any practical use of
the property unless the proposed variance is granted, and (2) the
variance, if granted, will not result in a serious threat to the water
supply, then the Commission shall approve the variance as proposed
or approve the proposed variance with conditions and stipulations.
The Commission shall prepare a Commission decision and send it to
the Board of Adjustment. If the commission approves the variance as
proposed, the Board shall prepare a final decision granting the
proposed variance. If the Commission approves the variance with
conditions and stipulations, the Board shall prepare a final decision,
including such conditions and stipulations, granting the proposed
vari ance.
(2) If the Commission concludes from the preliminary record that the
variance qualifies as a major variance and that (I) the property owner
can secure a reasonable return from or make a practical use of the
property without the variance or (2) the variance, if granted, will
result in a serious threat to the water supply, then the Commission
shall deny approval of the variance as proposed. The Commission
shall prepare a commission decision and send it to the Board of'
Adjustment. The Board shall prepare a final decision denying the
variance as proposed.

50
(E) Approval of all development greater than the low density option shall be the
authority of the Watershed Review Board subject to the requirements of
Section 97.11.
97.10 Appeals from the Watershed Review Board or Board of Adjustment.
Appeals from the Board of Adjustment must be filed with the Superior Court within
30 days from the date of the decision. The decisions by the Superior Court will be in
the manner of certiorari.
97.11 High Density Development Standards.
The Watershed Review Board may approve high density development proposals
consistent with the following standards:
Where new development requires a Sedimentation/Erosion Control Plan and exceeds
either 2 dwelling units per acre, 24%a bui It -upon area (or 3 dwelling units per acre or
36% built -upon area for projects without curb and gutter street system in the WS-4-
PA), engineered stormwater controls shall be used to control runoff from the first
inch of rainfall and development shall not exceed 70% built -upon area in the WS-4-
Protected Area and 50% in the WS-4-Critical Area.
97.12 High Density Development Permit Application.
(A) A High Density Development Permit shall be required for new development
exceeding the requirements of the low density option.
(B) Application for a High Density Development Permit shall be addressed and
submitted to the Town Council through the Watershed Administrator.
Application for a High Density Development Permit shall be made on the
proper form and shall include the following information:
(1) A completed High Density Development Permit Application signed
by the owner of the property. The signature of the consulting engineer
or other agent wi l I be accepted on the application only if accompanied
by a letter of authorization;
(2) Ten (10) reproducible copies of the development plan within the
drainage basin including the applicable information listed in
Appendix A: Application Forms, Subdivision Plat Checklist and
detailed information concerning built -upon area;

51
(3) Ten (10) reproducible copies of the plans and specifications of the
stormwater control structure consistent with Section 97.13;
(4) When required by law, written verification that a soil erosion and
sedimentation control plan has been approved by the appropriate
State or local agency;
(5) Permit Application Fees consistent with Section 97.16;
(C) Prior to taking final action on any application, the Board or the Watershed
Administrator may provide an opportunity to public agencies affected by the
development proposal to review and make recommendations on the
application. However, failure of the agencies to submit their comments and
recommendations shall not delay the Board's action within the prescribed
time limit.
(D) Public Hearing. Upon receipt of a completed application, the Town Council
shall hold a public hearing. Notice of the hearing shall be published in a
newspaper of general circulation at least seven days prior to the date of the
hearing. The notice shall state the location of the building, lot or tract in
question, the intended use of the property, the need for engineered stormwater
controls and the time and place of the hearing. At the hearing, the applicant
or designated representative thereof shall appear for the purposes of offering
testimony and recommendations concerning the application. The Board shall
also allot reasonable time for the expression of views by any member of the
public attending the meeting in person or represented by an attorney provided
the testimony bears on the findings the Board must make.
(E) The Town Council shall issue a High Density Development Permit within
sixty-five (65) days of its first consideration upon finding that the proposal is
consistent with the applicable standards set forth in the Watershed Protection
Ordinance and the following conditions are met:
(1) The use will not endanger the public health or safety if located where
proposed and developed according to the plan as submitted and
approved;
(2) The use minimizes impacts to water quality through the Best
Management Practices, cluster development, and/or maximum
setbacks frorn perennial waters;
(3) The use is vital to the continued growth and economic development
of the Town of Rutherford College.

52
(4) The use is consistent with the officially adopted land development
plans for the Town of Rutherford College.
If the Town Council finds that any one of the above conditions is not met, the
Board shall deny the application.
(F) In addition to any other requirements provided by this Ordinance, the Board
may designate additional permit conditions and requirements to assure that
the use will be harmonious with the area in which it is proposed to be located
and with the spirit of this Ordinance. All additional conditions shall be
entered in the minutes of the meeting at which the permit is granted, on all
plans and on the permit certificate. All conditions so imposed shall run with
the land and shall be binding upon the applicant and the applicant's heirs,
successors or assigns during the continuation of the permitted use.
(G) The Board shall issue a written ruling and make copies available at the office
of the Watershed Administrator and the Town Clerk. If the Board approves
the application based on its findings, such approval shall be indicated on the
permit and all copies of the site plan and all copies of the plans and
specifications of the stormwater control structure(s). A High Density
Development Permit shall be issued after the applicant posts a performance
bond or other acceptable security as required in Section 97.14(B)(1) and
executes an Operation and Maintenance Agreement as required in Section
97.14(C). A copy of the permit and one copy of each set of plans shall be
kept on file at the Watershed Administrator's office. The original permit and
one copy of each set of plans shall be delivered to the applicant either by
personal service or registered mail, return receipt requested.
97.13 Stormwater Control Structures.
(A) All stormwater control structures shall be designed by a North Carolina
registered professional engineer'. Other- stormwater systems shall be designed
by a North Carolina registered professional with qualifications appropriate for
the type of system required; these registered professionals are defined as
professional engineers or landscape architects, to the extent that the General
Statutes, Chapter 89A allow and land surveyors, to the extent that the design
represents incidental drainage within a subdivision, as provided in General
Statutes 89(C)-3(7).
(B) All stormwater controls shall use wet detention ponds as a primary treatment
system unless alternative stormwater management measures, as outlined in
Section 97.13(C), are used. Wet detention ponds shall be designed for
specific pollutant removal according to modeling techniques approved by the

53
North Carolina Division of Environmental Management. Specific
requirements for these systems shall be in accordance with the following
design criteria:
(1) Wet detention ponds shall be designed to remove 85% of total
suspended solids in the permanent pool and storage run-off from a
one -inch rainfall from the site above the permanent pool;
(2) The designed run-off storage volume shall be above the permanent
pool;
(3) The discharge rate from these systems following the one -inch rainfall
design storm shall be such that the run-off does not draw down to the
permanent pool level in less than two (2) days and that the pond is
drawn down to the permanent pool level within at least five (5) days;
(4) The mean permanent pool depth shall be a minimum of three (3) feet;
(5) The inlet structure shall be designed to minimize turbulence using
baffles or other appropriate design features;
(6) Vegetative filters shall be constructed for the overflow and discharge
of all stormwater wet detention ponds and shall be at least thirty feet
in length. The slope and width of the vegetative filter shall be
determined so as to provide a non -erosive velocity of flow through
the filter for it ten-year, 24-hour storm with a ten-year, one -hour
intensity with a slope of 5% or less. Vegetation in the filter shall be
natural vegetation, grasses or artificially planted wetland vegetation
appropriate for the site characteristics; and
(7) All storm water control structures shall be enclosed by it fence with a
minimum height of six (6) feet.
(C) Alternative storm water ntanagenient systems, consisting of one treatment
option or a combination of treatment options, may be used, Ilse design
criteria for approval shall be 85 percent average annual removal of Total
Suspended Solicls. Also, the discharge rate shall meet one of the following
criteria:
(1) the discharge ratefollowing the 1-inch tieslgn storin shall be
Such that the runoff draws down to the pre -storm design stage
Ivithin five Clays, but not less than two clays; or

54
(2) the post development peak discharge rate shall equal the
pre -development rate,for the 1-yeas, 24 hour storm.
(D) In addition to the vegetative filters required in Section 97.13(B)(6), all land
areas outside of the pond shall be provided with a ground cover sufficient to
restrain erosion within thirty (30) days after any land disturbance. Upon
completion of the storm water control structure, a permanent ground cover
shall be established and maintained as part of the maintenance agreement
described in Section 97.14(C).
(E) A description of the area containing the storm watercontrol structure shall be
prepared and filed consistent with Section 97.17(A and B), as a separate deed
with the Burke County Register of Deeds along with any easements necessary
for general access to the storm water control structure. The deeded area shal
include the storm water control structure, vegetative filters, all pipes and
water control structures, berms, dikes, etc., and sufficient area to perform
inspections, maintenance, repairs and reconstruction.
(F) Qualifying areas of the storm water control structure may be considered
pervious when computing total built -upon area. However, if the structure is
used to compute the percentage built -upon area for one site, it shall not be
used to compute the built -upon area for any other site or area.
97.14 Posting of Financial Security Required.
(A) A11 new storm water control structures shall be conditioned on the posting of
adequate financial assurance for the purpose of maintenance, reconstruction,
or repairs necessary for adequate performance of the storm water control
structures.
(B) Financial assurance shall be in the form of the following:
(1) Security Performance Bond or other security. The permit applicant
shall obtain either a performance bond from a surety bonding
company authorized to do business in North Carolina, an irrevocable
letter of credit or other instrument readily convertible into cash at face
value payable to the Town of Rutherford College or placed in escrow
with a financial institution designated as an official depository of the
Town of Rutherford College. The bond or other instrument shall be
in an amount equal to 1.25 times the total cost of the storm water
control structure, as estimated by the applicant and approved by the
Town. The total cost of the storm water control structure shall include
the value of all materials such as piping and other structures; seeding

55
and soil stabilization; design and engineering; and, grading,
excavation, fill, etc. The costs shall not be prorated as part of a larger
project, but rather under the assumption of an independent
mobilization.
(2) Cash or Equivalent Security Deposited After the Release of the
Performance Bond. Consistent with Section 97.17(C)(1), the permit
applicant shall deposit with the Town of Rutherford College either
cash or other instrument approved by the Town Attorney that is
readily convertible into cash at face value. The cash or security shall
be in an amount equal to fifteen percent (15%) of the total cost of the
stormwater control structure or the estimated cost of maintaining the
stormwater control structure over a ten (10) year period, whichever is
greater. The estimated cost of maintaining the stormwater control
structure shall be consistent with the approved operation and
maintenance plan or manual provided by the developer under Section
97.15(A). The amount shall be computed by estimating the
maintenance cost for twenty-five (25) years and multiplying this
amount by two fifths or 0.4.
(C) Consistent with Section 97.12(G), the permit applicant shall enter into a
binding Operation and Maintenance Agreement between the Town of
Rutherford College and all interests in the development. Said Agreement
shall require the owning entity to maintain, repair and, if necessary,
reconstruct the stormwater control structure in accordance with the operation
and management plan or manual provided by the developer. The Operation
and Maintenance Agreement shall be filed with the Burke County Registerof
Deeds by the Watershed Administrator.
(D) Default under the performance bond or other security. Upon default of the
permit applicant to complete and/or maintain the storm water control
structure as specifically provided in the performance bond or other security,
the Town of Rutherford College may obtain and use al l or any portion of the
funds necessary to complete the improvements based on an engineering
estimate. The Town of Rutherford College shall return any funds not spent in
completing the improvements to the owning entity.
(E) Default under the cash security. Upon default of the owning entity to
maintain, repair and, if necessary, reconstruct the storm water control
structure in accordance with the Operation and Maintenance Agreement, the
Town of Rutherford College shall obtain and use all or any portion of the
cash security to make necessary improvements based on an engineering
estimate. Such expenditure of funds shall only be made after exhausting all

56
other reasonable remedies seeking the owning entity to comply with the terms
and conditions of the Operation and Maintenance Agreement. The Town of
Rutherford College shall not return any of the deposited cash funds.
97.t5 Maintenance and Upkeep.
(A) An operation and maintenance plan or manual shall be provided by the
developer for each storm water control structure, indicating what operation
and maintenance actions are needed, what specific quantitative criteria will be
used for determining when those actions are to be taken and, consistent with
the Operation and Maintenance Agreement, who is responsible for those
actions. The plan shall clearly indicate the steps that will be taken for
restoring a storm water control structure to design specifications if a failure
occurs.
(B) Landscaping and grounds management shall be the responsibility of the
owning entity. However, vegetation shall not be established or allowed to
mature to the extent that the integrity of the control structure is diminished or
threatened, or to the extent of interfering.with any easement to the stonnwater
control structure.
(C) Except for general landscaping and grounds management, the owning entity
shall notify the Watershed Administrator prior to any repair or reconstruction
of the storm water control structure. All improvements shall be made
consistent with the approved plans and specifications of the storm water
control structure and the operation and maintenance plan or manual. After
notification by the owning entity, the Town Engineer shall inspect the
completed improvements and shall inform the owning entity of any required
additions, changes or modifications and of the time period to complete said
improvements.
(D) Amendments to the plans and specifications of the storm water control
structure and/or the operation and maintenance plan or manual shall be
approved by the Town Council. Proposed changes shall be prepared by a
North Carolina registered professional engineer and submitted to and
reviewed by the Watershed Administrator prior to consideration by the Town
Council.
(1) If the Town Council approves the proposed changes, the owning
entity of the stormwater control structure shall file sealed copies of
the revisions with the Office of the Watershed Administrator.

57
(2) If the Town Council disapproves the changes, the proposal may be
revised and resubmitted to the Town Council as a new proposal. If the
proposal has not been revised and is essentially the same as that
already reviewed, it shall be returned to the applicant.
(E) If the Town Council finds that the operation and maintenance plan or manual
is inadequate for any reason, the Board shall notify the owning entity of any
required changes and shall prepare and file copies of the revised agreement
with the Burke County Register of Deeds, the Office of the Watershed
Administrator and the owning entity.
97.16 Application and Inspection Fees.
(A) Processing and inspection fees shall be submitted in the form of a check or
money order made payable to the Town of Rutherford College. Applications
shall be returned if not accompanied by the required fee.
(B) A permit and inspection fee schedule, as approved by the Town of Rutherford
College, shall be posted in the Office of the Watershed Administrator.
(C) Inspection fees shall be valid for sixty (60) days. An inspection fee shall be
required when improvements are made to the stormwater control structure
consistent with Section 97.15(C), except in the case when a similar fee has
been paid within the last sixty (60) days.
97.17 inspections and Release of the Performance Bond.
(A) The stormwater control structure shall be inspected by the Town, after the
owning entity notifies the Watershed Administrator that all work has been
completed. At this inspection, the owning entity shall provide:
(1) The signed deed, related easements and survey plat for the stormwater
control structure ready for filing with the Register of Deeds;
(2) A certification sealed by an engineer or landscape architect (to the
extent that General Statutes allow) stating that the storm water control
structure is complete and consistent with the approved plans and
specifications.

(B) The Watershed Administrator shall present the materials submitted by the
developer and the inspection report and recommendations to the Rutherford
College Town Council at its next regularly scheduled meeting.
(1) If the Town Council approves the inspection report and accepts the
certification, deed and easements, the Town shall file the deed and
easements with the Burke County Register of Deeds, release up to
seventy-five percent (75%) of the value of the performance bond or
other security and issue and Certificate of Occupancy for the
stormwater control structure.
(2) If deficiencies are found, the Town shall direct that improvements
and inspections be made and documents corrected and submitted to
the Town.
(C) No sooner than one year after the filing date of the deed, easements, and
maintenance agreement, the developer may petition the Town to release the
remaining value of the performance bond or other security. Upon receipt of
said petition, the Town shall inspect the stormwater control structure to
determine whether the controls are performing as designed and intended. The
Watershed Administrator shall present the petition and findings to the Town
Counci 1.
(1) If the Town Council approves the report and accepts the petition, the
developer shall deposit with the Town of Rutherford College a cash
amount equal to that described in Section 97.14(B)(2), after which the
Town Council shall release the performance bond or other security.
(2) If the Town Council does not accept the report and rejects the
petition, the Town shall provide the developer with instructions to
correct any deficiencies and all steps necessary for the release of the
performance bond or other security.
(D) A Certificate of Occupancy shall not be issued for any building within the
permitted development until the Town Council has approved the stormwater
control structure, as provided in Section 97.17(B).
(E) All stormwater control structures shall be inspected at least on an annual
basis to determine whether the controls are performing as designed and
intended. Records of inspection shall be maintained on forms approved or
supplied by the North Carolina Division of Environmental Management.
Annual inspections shall begin within one year of filing date of the deed f'or
the stormwater control structure.

59
(F) In the event the Watershed Administrator discovers the need for corrective
action or improvements, the Watershed Administrator shall notify the owning
entity of the needed improvements and the date by which the corrective
action is to be completed. All improvements shall be made consistent with
the plans and specifications of the stormwater control structure and the
operation and maintenance plan or manual. After notification by the owning
entity, the Town shall inspect and approve the completed improvements.
97.18 Remedies.
(A) If any subdivision, development and/or land use is found to be in violation of
this Ordinance, the Town may, in addition to all other remedies available
either in law or in equity, institute a civil penalty in the amount of $50,
institute actions or proceedings to restrain, correct, or abate the violations; to
prevent occupancy of the building, structure, or land; or to prevent any illegal
act, conduct, business, or use in or about the premises. In addition, the N.C.
Environmental Management Commission may assess civil penalties in
accordance with G.S. 143 - 215.6(a). Each day the violation continues shall
constitute a separate offense.
(B) If the Watershed Administrator finds that any of the provisions of this
Ordinance are being violated, he shall notify in writing the person responsible
for such violation, indicating the nature of the violation, and ordering the
action necessary to correct it. He shall order discontinuance of the illegal use
of land, buildings or structures; removal of illegal buildings or structures, or
of additions, alterations or structural changes thereto; discontinuance of any
illegal work being done; or shall take any action authorized by this Ordinance
to ensure compliance with or to prevent violation of its provisions. If a ruling
of the Watershed Administrator is questioned, the aggrieved party or parties
may appeal such ruling to the Board of Adjustment.
97.19 Sanctions.
In addition to the remedies described in Section 97.18 of this Ordinance and
consistent with G.S. 160A-175, the Rutherford College Town Council may
seek enforcement of this Ordinance by assessing a civil penalty to be
recovered by the Town in a civil action in the nature of debt if the offender
does not pay the penalty in a prescribed period of time after being cited for
violation of the Ordinance. Such violation may be enforced by an appropriate
equitable remedy issuing from a court of competent jurisdiction. The court
may issue an injunction and order of abatement commanding the defendant to
correct the unlawful condition upon or cease the unlawful use of the property.

E
The action shall be governed in all respects by the laws and rules governing
civil proceedings, including the rules of Civil Procedure in general and Rule
65 in particular. If the defendant fails orrefuses to comply with an injunction
or with an order of abatement within the time allowed by the court, the
defendant may be cited for contempt and the Town may execute the order of
abatement. The Town shall have a lien on the property for the cost of
executing an order of abatement in the nature of a mechanic's and
materialman's lien. The defendant may secure cancellation of an order of
abatement by paying all costs of the proceedings and posting a bond for
compliance with the order. The bond shall be given with sureties approved by
the Clerk of Superior Court in an amount approved by the judge before whom
the matter is heard and shall be conditioned on the defendant's full
compliance with the terms of the order of abatement within a time fixed by
the judge. Cancellation of an order of abatement shall not suspend or cancel
an injunction issued in conjunction therewith. Enforcement of this Ordinance
may be by any one, all or a combination of the remedies authorized in this
Ordinance. Each day's continuing violation shall be a separate and distinct
offense.
97.20 Effective Date.
Section 97 of this Ordinance shall take effect and be in force on October 1,
1993.