NCS000397_Newton MS4 Self Audit_20190822

DRAFT PHASE II MS4 AUDIT TEMPLATE
FOR PERMITS ISSUED PRIOR TO 2019

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PROGRAM AUDIT REPORT

NPDES PERMIT NO. NCS000397
CITY OF NEWTON, NORTH CAROLINA

401 North Main Avenue
Newton, NC 28658

Audit Date: June 19, 2019

Report Date: August 19, 2019

North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources Stormwater Program
512 N. Salisbury Street, 9th floor
1612 Mail Service Center
Raleigh, NC 27699-1612

MS4 Permit Audit Report
Newton, NC: NPDES Permit No. NCS000397
Audit Date: June 19, 2019 i

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MS4 Permit Audit Report
Newton, NC: NPDES Permit No. NCS000397
Audit Date: June 19, 2019 ii
TABLE OF CONTENTS
Audit Details .................................................................................................................................................. 1
Permittee Information .................................................................................................................................. 2
Supporting Documents ................................................................................................................................. 3
Public Education and Outreach ..................................................................................................................... 4
Public Involvement and Participation ........................................................................................................... 7
Construction Site Runoff Controls ................................................................................................................ 8
Appendix A: Supporting Documents
Appendix B: Photograph Log

DISCLAIMER
This audit consists of an evaluation of program compliance with the issued permit and implementation of
the approved Stormwater Management Plan. This audit report does not include a review of all program
components, and program deficiencies in addition to those noted may be present. The permittee is
required to assess program progress and permit compliance, and to implement the approved Stormwater
Management Plan in accordance with the issued permit.

MS4 Permit Audit Report
Newton, NC: NPDES Permit No. NCS000397
Audit Date: June 19, 2019 iii

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Audit Date(s): June 19, 2019 Page 2 of 25

Permittee Information
MS4 Permittee Name:
City of Newton, NC (hereinafter, the City)
Permit Effective Date:
February 20, 2017
Permit Expiration Date:
February 19, 2022
City, State, ZIP: 401 N. Main Avenue, Newton, NC 28658
Date of Last MS4 Inspection/Audit:
December 11, 2018 (Inspection by EPA & NCDEQ)
Co-permittee(s), if applicable:
N/A
Permit Owner of Record: City of Newton
Primary MS4 Representatives Participating in Audit
Name, Title Organization
Randy Williams, Planning Director City of Newton
Dennis Falder, Jr., Assistant Public Works
and Utilities Director City of Newton
Alex Fulbright, Assistant Planning Director City of Newton
MS4 Receiving Waters
Waterbody Classification Impairments
Clark Creek (Shooks Lake), 11-129-5-(0.3)b C 303(d) (IR=5): Ecological/Biological Integrity
Benthos
Note: This list only includes waterbodies with 303(d) impairments that receive discharges from the permitted MS4

Audit Date(s): June 19, 2019 Page 3 of 25

Supporting Documents
Item
Number Document Title When Provided
(Prior to/During/After)
1 City of Newton Stormwater Management Program (SWMP) Prior to
2 City of Newton Phase II Stormwater Ordinance (Chapter 87 of City Code) Prior to
3 City of Newton Administrative Manual for the Phase II Stormwater Ordinance Prior to
4 City of Newton Stormwater Operation and Maintenance Plan Prior to
5 City of Newton Soil Erosion and Sedimentation Control Ordinance (Chapter 82
of City Code) Prior to
6 Soil Erosion and Sediment Control Approval Letter After
7 Soil Erosion and Sediment Control Certificate of Approval After
8 Soil Erosion and Sediment Control Notice of Violation After
9 Excerpt from City of Newton Fees & Charges After

Audit Date(s): June 19, 2019 Page 4 of 25
Public Education and Outreach
Staff Interviewed:
(Name, Title, Role)
Randy Williams, Planning Director
Dennis Falder, Jr., Assistant Public Works and Utilities Director
Alex Fulbright, Assistant Planning Director
Permit Citation Program Requirement Status Supporting
Doc No.
II.B.2.a
Goals and
Objectives
The permittee defined goals and objectives of the Local Public Education and
Outreach Program based on community wide issues. Yes 1
Comments (Generally describe process for establishing goals/objectives)
The SWMP states that the public education and outreach efforts will focus on addressing pollutants resulting from agricultural
activities, urban runoff, and point source discharges because those are the major sources of pollutants cited in the Catawba River
Basin-wide Water Quality Plan. Current activities focus on addressing pollutants from yard maintenance and businesses.

II.B.2.b
Target Pollutants
The permittee maintained a description of the target pollutants and/or stressors and
likely sources. Partial 1
Comments (List target pollutants, note any that are missing or not appropriate)
A formal list of target pollutants, beyond those listed in the Catawba River Basin-wide Water Quality Plan for Clark Creek (fecal
coliform bacteria, bacteria, turbidity, and copper), has not been maintained. City staff verbally identified additional target
pollutants for the storm sewer system of leaves and grass clippings during the audit.
II.B.2.c
Target Audiences
The permittee identified, assessed annually and updated the description of the target
audiences likely to have significant storm water impacts and why they were selected. Partial 1
Comments (Describe any changes made, if applicable)
The SWMP does identify target audiences of residential property owners, commercial and industrial business owners, school aged
children and community leaders and explains the reasons they were chosen. These target audiences have not been formally re-
assessed annually. The City assesses target audiences when the permit is renewed and does not anticipate changes to the target
audiences on a yearly basis.

Audit Date(s): June 19, 2019 Page 5 of 25
Public Education and Outreach
II.B.2.d Residential
and Industrial/
Commercial Issues
The permittee described issues, such as pollutants, the likely sources of those
pollutants, potential impacts, and the physical attributes of stormwater runoff in
their education/outreach program.
Partial ---
Comments (Generally describe the residential/industrial/commercial issues addressed)
Prior to issuing a certificate of occupancy (CO), the City conducts a CO inspection. During this inspection, City officials will point out
potential sources of pollutants (grease traps, oil water separators, etc.) and discuss best practices to prevent stormwater pollution.
Posters targeting prevention of stormwater pollution from restaurants hang in a public area at city hall (see Appendix B - Image 1).
However, the City has not engaged in an extensive public education/outreach program to residential audiences.
II.B.2.e
Informational
Web Site
The permittee promoted and maintained an internet web site designed to convey the
program’s message. No ---
Comments (list web page address and general contents, or attach screen shot of landing page)
Stormwater educational material is not readily available on the City’s website. City staff stated that social media is sometimes used
to promote events related to stormwater issues.
II.B.2.f
Public Education
Materials
The permittee distributed stormwater educational material to appropriate target
groups. No ---
Comments (List distributed materials and quantity, message, distribution mechanism, target audience for each if not included in
program documentation/annual reporting)
Educational materials have not been distributed.
II.B.2.g
Hotline/Help Line The permittee promoted and maintained a stormwater hotline/helpline for the
purpose of public education and outreach. No ---
Comments (Note hotline contact information and method(s) for advertising it)
There is not a centralized stormwater specific hotline/helpline that is maintained and promoted, however calls to the City of
Newton main line or individual departments (ex. Police department, or Fire department) are directed to the appropriate individual
to address the issue.
II.B.2.h
Public Education
and Outreach
Program

The permittee’s outreach program, including those elements implemented locally or
through a cooperative agreement, included a combination of approaches designed to
reach the target audiences.
Partial 1
For each media, event or activity, including those elements implemented locally or
through a cooperative agreement the permittee estimated and recorded the extent
of exposure.
No ---

Audit Date(s): June 19, 2019 Page 6 of 25
Public Education and Outreach
Comments (Generally describe approaches, extent of exposure. Note any cooperating entities, agreements and scope of services,
or reference comments in Section II.A.6. above.)
The SWMP lists a combination of approaches to reach the target audiences, including direct mail, a web page, and city events.
Many approaches are not currently implemented. Few records were maintained documenting the extent of exposure. A record of
the number of certificates of occupancy issued is kept (33 issued in 2018), however specific notes of their relation to stormwater
education have not been kept.
Additional
Comments:

Audit Date(s): June 19, 2019 Page 7 of 25
Public Involvement and Participation
Staff Interviewed:
(Name, Title, Role)
Randy Williams, Planning Director
Dennis Falder, Jr., Assistant Public Works and Utilities Director
Alex Fulbright, Assistant Planning Director
Permit Citation Program Requirement Status Supporting
Doc No.
II.C.2.a Volunteer
Community
Involvement
Program
The permittee included and promoted volunteer opportunities designed to promote
ongoing citizen participation. Partial ---
Comments (Note opportunities promoted and date(s) of volunteer events)
The city holds an annual city wide clean up event in conjunction with Keep NC Beautiful week (typically in April) that is promoted
through Facebook (see Appendix B - Image 2), council meetings, and contacts to groups and individuals. City staff stated that there
were approximately two dozen participants in the event this past year (see Appendix B - Image 3). A volunteer storm inlet marking
program has been offered in the past. However, City staff stated that the remaining unmarked storm inlets are mostly in locations
that may require traffic control or may not be suitable for volunteers.
II.C.2.b
Mechanism for
Public
Involvement
The permittee provided and promoted a mechanism for public involvement that
provides for input on stormwater issues and the stormwater program. Partial 1
Comments (Note mechanism(s) for input and how promoted)
The Planning Commission is listed as the Stormwater Advisory Board in the SWMP. Stormwater is not a regular agenda item for the
Planning Commission and topics are discussed by the Commission infrequently.

City staff shared that previously, there was an independent Stormwater Advisory Board but a lack of community volunteers and
activity required of the board led to disinterest and the board being disbanded. The responsibilities of the Stormwater Advisory
Board were incorporated into the Planning Commission. If citizens have input relating to stormwater issues and the stormwater
program, they are directed to individual staff members.
II.C.2.c
Hotline/Help Line
The permittee promoted and maintained a hotline/helpline for the purpose of public
involvement and participation. No ---
Comments (Note hotline contact information and how it is promoted)
There is not a centralized stormwater specific hotline/helpline that is maintained and promoted, however calls to the City of
Newton main line or individual departments (ex. Police department, or Fire department) are directed to the appropriate individual
to address the issue.

Stormwater issues beyond inlet maintenance are directed to the Assistant Planning Director who serves as the Stormwater
Administrator.
Additional
Comments:

Audit Date(s): June 19, 2019 Page 8 of 25

Construction Site Runoff Controls
Staff Interviewed:
(Name, Title, Role)
Randy Williams, Planning Director
Dennis Falder, Jr., Assistant Public Works and Utilities Director
Alex Fulbright, Assistant Planning Director
Program Delegation Status:
☒ The permittee has a delegated Sediment and Erosion Control Program and implements the North Carolina
Sedimentation Pollution Control Act (SPCA) of 1973 components of this minimum measure (complete the permit
citation and SPCA citation sections).
☐ The permittee does not have a delegated Sediment and Erosion Control Program and relies on DEMLR to comply
with the North Carolina Sedimentation Pollution Control Act (SPCA) of 1973 components of this minimum measure
(complete only the permit citation section).
Permit Citation Program Requirement Status Supporting
Doc No.
II.E.3 Construction
Site Runoff Controls
[NPDES Permit No.
NCS000435]
The permittee provides and promotes a means for the public to notify the
appropriate authorities of observed erosion and sedimentation problems (e.g.,
promoting the existence of the DEQ DEMLR “Stop Mud” hotline).
Partial ---
Comments (Describe how provided and promoted)
Although a hotline specific to reporting observed erosion and sedimentation problems is not offered or promoted, the city does
offer an online request form where “mud in street” can be reported as well as the general city call line (See Appendix B – Image 4).
Additionally, City representatives stated that City staff across departments report observed sediment issues.

SPCA Citation Delegated Program Requirement Status Supporting
Doc No.
§ 113A-60 Local
erosion and
sedimentation
control programs (a)
The permittee has adopted an ordinance or other regulatory mechanism to enforce
the erosion and sedimentation control program. Yes 5
If yes, the ordinance meets or exceeds the minimum requirements of the
SPCA. Yes 5
If yes, the ordinance applies throughout the corporate limits of the permittee.
[Permit Part I.D] Yes 5
Comments (Provide regulatory mechanism reference or Supporting Documentation number)
The Soil Erosion and Sedimentation Control Ordinance is based upon the model ordinance, but more restrictive, with requirements
for land disturbing activities from ½ acre to 1 acre in size in addition to the state minimum of 1 acre.

Audit Date(s): June 19, 2019 Page 9 of 25
Construction Site Runoff Controls
§ 113A-60 Local
erosion and
sedimentation
control programs (d)
The permittee collects a fee paid by each person who submits an erosion and
sedimentation control plan. Yes 9
Comments (indicate the fee amount, if applicable)
Fees are collected according to the following fee schedule: $25 if disturbed area is >21,780 sf but < 1 acre, and if > 1 acre is
disturbed, $100 + $25 for each additional ½ acre, rounded to the nearest ½ acre

§ 113A-60 Local
erosion and
sedimentation
control programs (e)
Has any person initiated a land-disturbing activity (within the permittee’s
jurisdiction) for which an erosion and sedimentation control plan is required in the
absence of an approved plan?
Yes ---
If yes, the permittee has notified the North Carolina Sedimentation Control
Commission of all such cases. Yes ---
Has the permittee determined that a person engaged in a land-disturbing activity
has failed to comply with an approved erosion and sedimentation control plan? Yes ---
If yes, has the permittee referred any such matters to the North Carolina
Sedimentation Control Commission for inspection and enforcement? Yes ---
Comments
City staff reported that they generally only issue one or two Notices of Violation each year, but when an issue arises the standard
guidelines are followed.
§ 113A-61 Local
approval of erosion
and sedimentation
control plans
The permittee reviews each erosion and sedimentation control plan submitted to
them and notifies the person submitting the plan that it has been approved,
approved with modification, or disapproved within 30 days of receipt.
Yes ---
The permittee only approves an erosion and sedimentation control plan upon
determining that it complies with all applicable State and local regulations. Yes ---
The permittee has disapproved of an erosion and sedimentation control plan in
order to protect riparian buffers along surface waters. Yes ---
If yes, the permittee notified the Director of the Division of Energy,
Mineral, and Land Resources within 10 days of the disapproval. No ---
Comments
The City was unaware of the requirement to notify the Director within 10 days of the disapproval of a plan in order to protect
riparian buffers and indicated that they would look into this requirement further.

Audit Date(s): June 19, 2019 Page 10 of 25
Construction Site Runoff Controls
§ 113A-61.1
Inspection of land-
disturbing activity;
notice of violation
(a)
The certificate of approval of each erosion and sedimentation control plan
approved by the permittee includes a notice of the right to inspect. Yes 6
The permittee provides for inspection of land-disturbing activities to ensure
compliance with the SPCA and to determine whether the measures required in an
erosion and sedimentation control plan are effective.
Yes ---
Comments
City staff reported that site inspections are held once a month during the active permit period and are performed by the Assistant
Planning Director.

§ 113A-61.1
Inspection of land-
disturbing activity;
notice of violation
(c)
When the permittee determines that a person engaged in land-disturbing activity
has failed to comply with the SPCA, the Permittee immediately issues a notice of
violation upon that person.
Yes 8
Each notice of violation issued by the permittee specifies the date by which the
person must comply. Yes 8
Each notice of violation issued by the permittee informs the person of the actions
that need to be taken to comply. Yes 8
Comments
City staff stated that when a land disturbing activity fails to comply with the SPCA, they immediately issue a NOV specifying how
compliance should be achieved and the date by which it must occur.
§ 113A-64 Penalties Does the permittee issue civil penalties as part of the erosion and sedimentation
program? Yes ---
Comments (indicate when/why a civil penalty is issued, and the amount, if applicable)
The city has not issued a civil penalty recently, but has in the past (2010). The civil penalty was issued for an unpermitted
renovation that caused erosion and sedimentation on to a neighboring property.

Additional
Comments:
Although the City had a delegated Sediment and Erosion Control Program during this permit term and at the
time of this audit, they have since transferred this responsibility to the Catawba County delegated program.
City representatives stated this was in response to the increased workload associated with the recently
revised S&EC requirements and the fact that they were the only municipality among their peer group not
having Catawba County manage their Sediment and Erosion Control Program.

Audit Date(s): June 19, 2019 Page 11 of 25

APPENDIX A: SUPPORTING DOCUMENTS

Audit Date(s): June 19, 2019 Page 12 of 25

Supporting Document 1:
City of Newton Stormwater Management Program (SWMP)

CITY OF NEWTON
STORMWATER MANAGEMENT PROGRAM
1. Population and Estimated Growth Rate
According to the 2015 State Planning Office’s population estimate, the population of
Newton is 12,982. This population is assumed to be permanent with no seasonal
population.
The growth rate for the city of Newton over the last few years has been flat. It is
estimated based on building periods that the future growth rate would be 0.5% to 1%
annually as the local economy continues to improve.
2. Jurisdictional Area
The jurisdictional area and MS4 service is assumed to be the same as the city limits,
which is 13.78 square miles. The ETJ area is 5.7 square miles, but the only legal
authority that the City has within this area is the enforcement of the Soil Erosion and
Sedimentation Control Ordinance; the Zoning Ordinance; and the Subdivision
Ordinances.
3. Describe Stormwater Conveyance System
Like many cities of its size, the City of Newton did not have any records of its storm
drainage conveyance system, prior to beginning the mapping of the system at the start
of the Phase II permitting cycle. Most of the infrastructure is aging and in poor
condition. The older, denser areas of the City contain the majority of the culvert and
pipe systems and catch basins. The more rural areas of the City, the conveyance system
consists mostly of channels and ditches that run through backyards and feed into larger
streams.
The City does not currently have a formal program to clean storm sewer inlet structures
or pipes. The portion of the conveyance system that is maintained is within the City’s
right-of-way. Currently the infrastructure is maintained by the City’s Street
Department as problems are reported by residents or noted in the field by City
personnel. Typical maintenance includes driveway culvert installation and clean out,
ditch maintenance, catch basin repairs and clean out, and headwall maintenance. In
addition, catch basins are cleaned on an as-needed basis.
4. Estimated Land Use
A review of the GIS Land Use data was used to generate the following land use
estimates. The approximate percentages for each category are:
COMMERCIAL 8.3%
INDUSTRIAL/INFRASTRUCTURE 8.5%
OFFICE/INSTITUTIONAL 4.0%
RESIDENTIAL 40.9%
UNDEVELOPED/AGRICULTURAL 38.3%
5. Identify the Receiving Streams
Below is a list of the receiving streams for the City of Newton. A map showing the
Streams within the City Limits and ETJ is attached as Appendix A.
6. Identify TMDLs (if applicable)
There a TMDL for Clarks Creek within the City of Newton. It was approved by the
EPA in 2002. It addresses fecal coliform.
7. Identify impaired streams, likely sources, and existing programs that
address the impairment (if applicable)
Clark Creek is listed as impaired for fecal coliform. The likely source for fecal coliform
are sanitary sewer overflows, failing septic tanks, and livestock. The City is working to
improve its sewer system to prevent overflows and to identifing failing septic tanks
which are reported to the Catawba County Environmental Health Department. The
Catawba County Conservation district offers programs to encourage farmers to fence
livestock out of creeks and streams in a effort to reduce the introduction of fecal
coliform.
8. List any existing water quality programs
The City of Newton is delegated by the state to implement the Erosion and Sediment
Control program within the City limits and the ETJ area. The City also has a two
watershed protection districts within its jurisdiction. They are the Lake Norman
Watershed protection district which covers a small portion of the northeastern area of
the City, and the Jacobs Fork Watershed protection district which covers the satellite
areas of the City within proximity of Jacobs Fork River.
9. Identify and describe any partnerships and/or inter-local agreements
Betts Branch From source to Clark Creek C No
Bills Branch (Bili Branch)From source to Clark Creek C No
Clark Creek (Shooks Lake)From source to a point 0.9 mile upstream of Walker Creek C Fecal Coliform Yes
Cline Creek From source to Clark Creek C No
Henry Fork From Laurel Creek to South Fork Catawba River C No
Hildebran Creek (Anthony Creek)From source to Clark Creek C No
Jacob Fork From a point 0.6 mile upstream of mouth to South Fork Catawba River WS-III;CA No
McLin Creek From source to Catawba County SR 1734 C No
Smyre Creek From source to Town Creek C No
South Fork Catawba River From source to Catawba-Lincoln County Line WS-V No
Town Creek From source to Clark Creek C No
Receiving Stream Name Stream Segment Water Quality
Classification Water Quality Issues 303(d) List
Legal agreements are not in place; however the Catawba County Environmental Health
Division is the permitting and regulating entity for septic systems within the City of
Newton and its ETJ.
10. Describe any state programs
There are currently no programs implemented by the State within the City of Newton.
11. Identify any other entity that the regulated public entity relies on to
implement or manage its stormwater program.
Catawba County Environmental Health Division is the permitting and regulating entity
for septic systems within the City of Newton and its ETJ.
12. Identify points of contacts
The Assistant Planning Director is responsible for the stormwater program
administration including Public Education and Outreach; Public Involvement and
Participation; Illicit Discharge Detection and Elimination; Construction Site Runoff
Controls; and Post-Construction Site Runoff Controls. The Director of Public Works
and Utilities is responsible for Pollution Prevention and Good Housekeeping for
Municipal Operations, as well as maintenance of stormwater infrastructure. The
contact information for the Assistant Planning Director and the Director of Public
Works and Utilities is as follows:
Alex Fulbright
Assistiant Planning Director
PO Box 550
Newton, NC 28658
828) 695-4305
[e-mail]
Dusty Wentz
Director of Public Works and Utilities
PO Box 550
Newton, NC 28658
828) 695-4310
[e-mail]
13. Describe the public education and outreach program
The objectives of the Public Education and Outreach element of the City’s Stormwater
Program is to distribute education materials to the community, conduct public outreach
activities, raise public awareness on the causes and impacts of the stormwater pollution,
and inform the public on steps they can take to reduce or prevent stormwater pollution
The City of Newton aspires to reach a diverse population with its public education and
outreach campaign. Target groups include residential property owners, commercial and
industrial business owners; school-aged children and community leaders. These groups
are being targeted for public education due to their unique stormwater impacts.
Residential property owners, community leaders and school-aged children are being
targeted for basic stormwater education. These groups are being targeted to ensure a
basic understanding of non-point source pollution and its impacts on the environment
throughout the community. City leaders also aspire to provide these groups with basic
pollution prevention techniques they can easily implement into their everyday lives.
Commercial and Industrial businesses are being targeted for education to inform owners
about the impacts of illicit discharges, reporting procedures, proper waste disposal
practices, and the efforts they can take to minimize pollutants from their sites.
The City of Newton is located in Sub-basin 08-03-35 of the Catawba River Basin.
According to the Catawba River Basin-wide Water Quality Plan, "This sub-basin
includes lands that drain to the upper reaches of the South Fork Catawba River. Land use
is primarily forest (57%) and pastures (35%). Excellent water quality conditions are
present in the western portion of the sub-basin, including the Henry Fork and the Jacob
Fork. Waters in the lower portion of the sub-basin exhibit diminished water quality from
the effects of agricultural activities, urban runoff and several point source discharges
April 2002). Major pollutants of concern, specifically along Clark Creek, include fecal
coliform bacteria, bacteria, turbidity, and copper."
Since Newton falls well within the boundaries of this particular sub-basin (08-03-35),
public education and outreach efforts will attempt to address pollutants resulting from
agricultural activities, urban runoff, and point source discharges.
Outreach Plan
Educational Brochures
Target Audience: Households
Delivery Method: Direct Mail and New Resident Information Packets
Generate and distribute educational brochures addressing non-point source pollution and
its relation to water quality and report number of households reached. Brochures to
include information on non-point source pollution and outline possible prevention
methods. The City intends to publish brochures in both English and Spanish in an effort
to reach the most households.
Web-page
Target Audience: General Public
Delivery Method: Current City Internet Site
Maintain a stormwater information page for current Internet site. Report number of site
visits.
Employee Newsletter
Target Audience: City Employees
Delivery Method: Inter-office Mail
Include water quality related articles in the pre-existing employee newsletter. Report
number of employees reached annually.
City-wide Newsletter
Target Audience: City Residents
Delivery Method: US Mail
Include water quality related articles in the pre-existing quarterly citywide newsletter.
City Sponsored Events and Festivals
Target Audience: General Public
Delivery Method: Informational Booth
Use City Sponsored Events and Festivals as opportunities to educate the public about
water quality issues by distributing brochures and other water quality related educational
materials to individuals attending the event. .
Business Outreach Program
Target Audience: Business/Industry Owners
Delivery Method: Direct Mail
Generate and distribute target educational brochure to inform businesses on illicit
discharges, reporting and proper waste disposal practices.
The City of Newton is taking a rational and logical approach to educating the public
about water quality issues. Since our community lacks a basic understanding of non-
point source pollution and its impacts on the environment City leaders aspire to first
provide the identified target groups with a base knowledge and understanding of non-
point source pollution by saturating the public with general water quality information and
pollution prevention techniques using various media outlets.
After establishing a basic understanding of water quality issues among target groups
using various media outlets, City leaders aim to narrow the program’s focus to target
more specific audiences by creating, distributing and presenting tailored information
designed to meet each groups’ individual educational needs.
14. Describe the public involvement and participation program.
The Environmental Protection Agency (EPA) believes that the public can provide valuable
input and assistance to a regulated small MS4’s municipal stormwater management program
and, therefore, suggests that the public be given opportunities to play an active role in both
the development and implementation of the program. An active and involved community is
crucial to the success of a stormwater management program because it allows for:
Broader public support since citizens who participate in the development and
decision making process are partially responsible for the program and, therefore, may
be less likely to raise legal challenges to the program and more likely to take an active
role in its implementation;
Shorter implementation schedules due to fewer obstacles in the form of public and
legal challenges and increased resources in the form of citizen volunteers;
A broader base of expertise and economic benefits since the community can be a
valuable, and free, intellectual resource; and
Conduits to other programs as citizens involved in the stormwater program
development process provide important cross-connections and relationships with
other community and government programs. This benefit is particularly valuable
when trying to implement a stormwater program on a watershed basis, as encouraged
by EPA.
To satisfy this minimum control measure, the operator of a regulated small MS4 must:
Comply with applicable State, Tribal, and local public notice requirements; and
Determine the appropriate best management practices (BMPs) and measurable goals
for this minimum control measure.
The City of Newton aspires to reach a diverse population with its public involvement
campaign. Targeted groups include residential property owners, commercial and
industrial business owners; school aged children as well as community/civic leaders.
These groups are being targeted for public involvement to increase their
understanding of the importance of clean water by directly involving them in water
protection projects. The City also aspires to increase civic pride among the general
public by promoting the quality of life benefits associated with maintaining a clean
environment free of pollution and debris.
Available Resources
Earth Day
The Newton Parks and Recreation Department recognizes the celebration of Earth
Day each year by planting a tree in one of City’s park facilities.
City-wide Clean-Up Event
Every April, the City of Newton Appearance Commission sponsors a city-wide clean
up event to encourage Newton residents to help clean-up the City.
City Participation on Committees
The City of Newton currently seeks citizen input by asking residents to serve on
various city committees. To date the City sponsors seven committees. They include:
the Appearance Commission, Downtown Newton Development Association, Festival
and Events Committee, Off-Street Parking Committee, Parks and Recreation
Commission, and the Police Advisory Board.
Household Hazardous Material Collection Day
Each spring Catawba County sets up collection sites throughout the county for the
safe disposal of household waste including lawn and garden pesticides and fertilizers,
paint and paint thinner, anti-freeze, brake fluid, gasoline and oil mixtures. Newton
residents are encouraged to dispose of their household waste at one of the county
collection sites on the appropriate day.
While the City of Newton does not currently conduct a Household Hazardous
Collection Day, they do promote and encourage city residents to participate in the
Household Hazardous Material Collection Day sponsored by the county by
advertising the event in the quarterly newsletter, on the city’s web-site and in the
local newspaper as part of the City’s monthly community update.
Involvement Plan
Stormwater Advisory Board
Target Audience: Impacted Stakeholders
The City established the Planning Commission as a Stormwater Advisory Board. The
Stormwater Advisory Board purpose is to oversee the development and
implementation of stormwater related ordinances, programs, and other items needed
to implement the City’s Stormwater Program.
City-wide Clean-Up Event
Target Audience: General Public
Work with area community groups and other city departments to plan and organize a
volunteer driven city-wide clean-up event to promote water quality and over-all
environmental awareness. Report on the type of projects completed and number of
participants.
Mark Storm Inlets with Environmental Messages
Target Audience: City Employees and the General Public
Coordinate City Staff and Volunteers to mark storm inlets with environmental
messages. Report number of drains marked.
Earth Day Celebration
Target Audience: General Public
Partner with City’s Parks and Recreation Department to plan and organize a City
sponsored event to celebrate Earth Day on an annual basis. Report annually on the
types of information disseminated and activities conducted.
The City aspires to involve as many people in its Stormwater Management Program
as feasibly possible. To accomplish this goal, City leaders plan to host a broad range
of activities involving all potentially affected stakeholder groups including residents,
business/industry owners, school children, etc…). Since individuals desire different
levels of community involvement, activities requiring different levels of involvement
are being addressed in the City’s Public Involvement Program.
15. Describe the Illicit Discharge Detection and Elimination Program.
Illicit Discharge Detection and Elimination
To eliminate illicit discharges into the City’s storm sewer system, the City of Newton
will be required to administer a strategy to detect and eliminate such discharges. An
illicit discharge has been defined by the EPA as "any discharge into a separate storm
sewer system that is not composed entirely of stormwater". Typically, illicit discharges
enter a storm sewer system either through direct connections, e.g., sanitary sewer
piping, or indirectly from cracked sanitary sewer conveyance systems, spills collected
by storm drains, or from contaminants dumped directly into a sewer inlet. The
following are typical examples of illicit discharges:
Sanitary wastewater
Effluent from septic tanks
Laundry wastewater
Commercial car wash discharges
Improper disposal of household or automotive toxics
Spills from roadway accidents
Pollutants from these sources can include heavy metals, toxics, oils and grease,
solvents, nutrients, viruses, and harmful bacteria. Substantial levels of these
contaminants can damage fish and wildlife habitats, decrease aesthetic value, and more
importantly threaten public health due to contaminated food and drinking water
supplies.
To comply with NPDES Phase II program requirements, the City will be required to
address the following requirements:
Maintain a storm sewer map illustrating the location of all storm sewer outfalls
and the names and location of all waters of the United States that receive
discharges from these outfalls.
Prohibit the discharge of non-stormwater discharges into the City’s storm sewer
system through the enforcement of the Illicit Discharge Ordinance which was
effective July 1, 2007.
Administer a plan to detect and address non-stormwater discharges, including
illegal dumping.
Educate public employees, businesses, and the general public regarding the
impacts associated with illegal discharges and the improper disposal of waste.
Storm Sewer System Map
One of the major tasks associated with this minimum control measure is maintaining a
map of the City’s regulated MS4 outfalls. The City of Newton has a comprehensive
map of the City’s storm sewer system or the regulated outfalls, as result of the system
mapping completed during the initial permit cycle.
The inventory of the City’s outfalls will help the City gain awareness of their system
and the location of the discharge points. EPA recommends collecting all available
existing information that may include outfall locations such as City records,
construction plans, and drainage studies and then field verifying their locations. In
order to obtain a comprehensive map of the City’s outfalls, it will be necessary to walk
the jurisdictional waterways and locate outfalls by visual observation.
A storm sewer system map will be developed that shows the location of all regulated
outfalls and the names and location of all receiving waters. These outfalls will be
located and verified in the field using GPS technology. The map will be regularly
updated when new outfalls are located, either through identification by City staff or
through as-built submittals from developers.
Regulatory Mechanism
The City adopted an Illicit Discharge Ordinance to address illicit discharges and
connections. This ordinance includes language that specifically relates to the
requirements of the NPDES MS4 permit such as:
Findings of fact
Objectives
Prohibitions
Notification of spills and violations
Requirements for monitoring
Inspections
Penalties
Enforcement
The illicit discharge ordinance mentioned above will be enforced to ensure that illicit
discharges or connections are eliminated. This ordinance requires that violators address
illicit connections within a certain time frame or they will face penalties..
Detection and Elimination
The City of Newton has developed a program to detect and eliminate illicit discharges.
In order to detect non-stormwater discharges, the City has developed a program and
methodology for identification of these discharges. EPA has determined that after a 72-
hour time period of no rainfall, any discharge from a municipal separate storm sewer
may be non-stormwater related. Therefore, unless the discharge is exempt from the
regulation, i.e. irrigation water, water line flushing, or residential car washing, the
discharge is considered an illicit. In order to determine the source of the discharge,
grab sampling must be performed during dry weather conditions. Regulated
communities are then required to analyze the constituents in the sample in order to
determine the source of the discharge and to eliminate the contaminant if it is an illicit
connection or discharge.
The known locations of the City’s outfalls have been mapped using GPS technology
linked to a Geographical Information System (GIS) database. Attributes of individual
outfalls such as shape, type, size, and conditions will be recorded digitally as the
outfalls are located. This data will then be incorporated into the City’s GIS.
The following sections include procedures and guidelines for tracking potential illicit
discharges. These procedures and guidelines are used, but may be changed based on
actual field experiences and the needs of the City of Newton.
Procedures for Location of Priority Areas
Sanitary Sewer Issues
One of the most common and easily detectable types of illicit discharge is domestic
wastewater. Discharge from a cracked sewer line or a cross connection is usually
associated with extremely unpleasant odors and contains evidence that the common
citizen will recognize. Therefore, unlike other illicits, detection of this type of
discharge does not generally require sampling for positive identification. However,
wastewater illicits are a recurring problem. Despite proper design and construction
techniques, leaks will continue to occur due to old infrastructure, erosion, and
numerous other means. The City of Newton, like virtually every other municipal
wastewater system, has experienced some minor problems.
The City of Newton has taken steps to alleviate inflow and infiltration (I&I) into the
wastewater system. Although inflow to the system does not affect the quality of
surface runoff, cracks that allow inflow will also allow outflow should portions of the
system become backed up or completely full. Therefore, cracks in the sewer system
increase treatment costs due to the treatment of stormwater, decrease overall plant
capacity, and have the potential to endanger the quality of surface waters. I&I study of
the system have occurred to identify issues. The City is proactively replacing and
repairing older sanitary sewer lines that have greatly reduced the number of overflows.
The City has in place a notification policy for any sanitary sewer spill or overflow.
Each spill that reaches surface waters of the State must be reported to the State. Field
crews take special care around sanitary sewer crossings to identify any possible illicit
discharges.
Procedures for Tracing Illicits
Outfall Inventory/ Mapping
The City collects data on all existing outfalls as they are discovered. The inventory
includes attributing it for the following: Inspection date and time, site description,
outfall size and material, discharge color, discharge odor, presence and type of
floatables, discharge turbidity, deposits/stains, vegetative condition, presence or
absence of flow.
Dry Weather Screening Procedures
The inventoried outfalls will serve as the basis for identifying the field screening areas.
Dry weather screening only takes place greater than seventy-two hours after a storm
event greater than 0.1 inches. The National Weather Service Stations should be
consulted for rainfall quantities in the area, along with local weather reports and rain
gauges placed near the areas to be screened.
Only major outfalls with observed dry weather flow are required to be sampled. The
status of flowing outfalls should be integrated into the GIS outfall coverage.
Once an outfall is found to have a dry weather discharge, additional measures must be
taken to determine whether the discharge is illicit.
Illicit Connection Investigative Procedures
The illicit connections program is composed of a set of investigative procedures to
determine if a dry weather discharge is illicit and, if so, how to deal with it. Below is
an overview of the illicit discharge investigation procedures that will be used by the
City.
1.Check each outfall for dry weather flow. Upon finding dry weather discharge or
other evidence of an illicit discharge (i.e. odor, discoloration of surrounding
area, etc.) perform a visual inspection looking for those items listed below.
Also check for odor, flow depth and flow quantity.
2.Perform field testing for water temperature and pH and obtain a sufficient sample
to test for total chlorine, detergents/surfactants, phenols and copper. The site
should be sampled, again no less than four hours later, but no more than 24
hours later.
3.If, upon returning for the second sample, there is no flow, note as such and return
the following day. After three "no flow" conditions, and lacking additional
evidence of an illicit discharge the outfall may be removed from the potential
illicit discharge list.
4.If flow continues on the second day, record the data in the Potential Illicit
Discharge database.
5.Begin walking the contributing system upstream until flow is no longer found.
6.Check the watershed for facilities that may contribute the identified parameters
found in steps 1 and 2 to determine a list of potential sources of the dry weather
flow.
7.Inspect suspected facilities for potential illicit connections.
8.Notify owner of the facility of the potential violation, identify steps to be taken,
and establish schedule for removal.
9.Perform a follow-up investigation at the site to ensure that the illicit has been
removed.
Visual Inspection Investigation
The initial investigation is based on visual inspection, including:
Odor
The odor of stormwater discharges will vary widely. Odor can be a good
indicator of the type of pollutant in the water. For instance, stormwater
discharges may smell like sewage, oil, gasoline, or may contain a chemical
smell. Decomposition of organic materials can also cause a distinctive sulfur
odor. Odors may vary greatly with changes in temperature and time of year.
Color
Color can also be an important factor in determining the source of an illicit
discharge. The particular color should be noted and tracked upstream as far as
possible. Sewage will typically have a gray or brown color, whereas industrial
wastes may have a variety of colors.
Turbidity
Turbidity is a measure of the amount of suspended matter in the water and
affects the clarity of the discharge. Discharges from industrial facilities are
often highly turbid. Although erosion can also create highly turbid water, this
should not be the case during dry weather flows. Each inspection should note
the relative degree of turbidity.
Floatables
Floatables are solids and liquids that float on the surface of the water.
Floatables may include substances such as animal fats, food products, trash,
oils, plant materials, solvents, foams, or gasoline. Floatables can often lead
directly to the manufacturing process or other source of the illicit discharge. A
full description of the type and quantity of the floatables and a photograph of
the discharge should be included in the report.
Residue
Residue left on the conveyance system can be an indicator of an illicit
discharge. Discoloration of the pipe or channel should be tracked upstream. It
is also important to note the location of the discoloration or stain within the
conveyance system.
Vegetation
Vegetation growing in the immediate discharge area should be noted in relation
to vegetation growing in the general vicinity of the outlet. Certain discharges
can cause substantial changes in plant growth. Discharges containing a high
nutrient content may cause increased growth while discharges with severe
changes in pH may cause a decrease in growth. Although vegetation patterns
may serve as an indicator of non-stormwater discharges, they are also difficult
to interpret. Time of year, rainfall patterns, exposure to sun all affect plant
growth and may be contributing factors to the changes in vegetation patterns.
Caution should be used when considering vegetation as an indicator of an illicit
discharge.
Structural Damage
Like residue, structural damage to the conveyance system can also be an
indicator of an illicit discharge. Structural damage is typically more noticeable
in concrete pipes. Acidic discharges may cause cracking, spalting, or
deterioration of the concrete. The location of the damage within the pipe and
the distance upstream will be important in determining the type of pollutant and
the source of the discharge.
Field Testing Investigation
In addition to visual inspection, field testing investigation may be performed to
determine the source of the illicit discharge. Field testing should be done for the
following characteristics:
Temperature
Water temperature that varies greatly from the ambient air temperature is a good
indicator that there is an illicit discharge to the system.
pH
The normal pH of stormwater typically ranges from 6 to 7.5 Values outside of
this range are an indicator of an illicit discharge. Water with values of 3 to 6 are
acidic and may indicate discharges from textile mills, pharmaceutical
manufacturers, metal fabricators and companies that produce resins, fertilizers,
or pesticides. Wastes containing sulfuric, hydrochloric, or nitric acids are a
common source of contamination. Water with values of 8 to 12 may indicate
discharges from industries such as the following: textile mills, metal plating
facilities, steel mills, and producers of rubber and plastic. Wash water used to
clean floors and industrial machinery may also produce alkaline wastewater.
Copper
Elevated levels of copper may indicate discharges from cooling, boiler, or
industrial re-circulation systems. Copper sulfate is typically used as an
algaecide in all of these systems. Copper can also be an indicator of discharges
from an automobile manufacturing or maintenance facility.
Phenols
Elevated levels of phenols may indicate industrial wastewater discharges.
Caution should be exercised, however, since phenols may also be present in
other waste streams. Phenols should be considered in relation to other
parameters in determining the potential source.
Surfactants/Detergents
Typically, the presence of surfactants and detergents will indicate a connection
to either an automobile wash facility or a laundry facility. High
surfactants/detergents and elevated temperatures are a good indicator of laundry
facilities. Lower levels of surfactants/detergents may indicate a connection to a
residential laundry or industrial facility.
Chlorine
The absence of chlorine may indicate a natural water source. However, due to
chlorine’s ability to quickly dissipate, caution should be used when making
judgments based on its absence. Generally, only potable water sources will
contain chlorine. Therefore, the presence of chlorine insures that the source is
not a natural water source. Very high levels of chlorine typically indicate
connection to a swimming pool.
Using the results of the visual and field testing investigation, likely sources of the illicit
discharge can be identified. Typically, illicit discharges and connections are from
either wash water or sanitary sewer sources. The investigator will work upstream
looking for the connections.
Additional testing may be required at upstream points and testing of additional
parameters may also be necessary to further identify the actual source. Other
investigative methods that may be used include dye testing, smoke testing, and in-pipe
cameras.
Illicit connections may be verified by performing an on-site inspection. When on-site
inspections are performed, the inspection should be fully documented and photographs
of the connection and facility should be taken when feasible. After a potential source is
identified, testing should be conducted immediately upstream to insure that there are
not multiple sources of the discharge.
Procedures for Removing Illicits
Upon identification of the source of the illicit discharge or illegal dumping, the
responsible party will be notified to cease the improper practices. All appropriate
regulatory agencies will be notified of the discharge. The violator may be fined in
accordance with the adopted ordinance and will be given a designated period of time to
eliminate the illicit connection by either:
a) rerouting the flow to the sanitary sewer (if appropriate),
b) constructing on-site treatment facilities,
c) permitting the connection (if applicable), or
d) removing the source of the illicit discharge.
During the designated period inspections may be conducted to verify compliance with
the order to cease and desist further discharges and any clean up procedures required to
mitigate damages caused by the discharge.
Procedures for Plan Evaluation
A debriefing will be held after the first drainage area is complete to discuss procedures
and policies associated with the detection and elimination process. Results of the
investigation will be evaluated and the process will be revised as necessary. The types
of illicit connections found will also be considered to determine the next highest
priority watershed. For example, if it is found that the majority of illicit connections
come from a particular type of facility, the watershed with the highest concentration of
that type of facility will be investigated next. A debriefing will be conducted after each
watershed investigation is concluded. Additional meetings will be held, and changes to
the process will be made as appropriate.
Non-Stormwater Discharges
Some categories of non-stormwater discharges include water line flushing, landscape
irrigation, diverted stream flows, rising ground waters, uncontaminated ground water
infiltration, uncontaminated pumped ground water, discharges from potable water
sources, foundation drains, air conditioning condensation, irrigation water, springs,
water from crawl space pumps, footing drains, lawn watering, residential car washing,
flows from riparian habitats and wetlands, dechlorinated swimming pool discharges,
and street wash water. These categories of discharges are not presently seen as
significant contributors of pollutants to the MS4 system and therefore will not be
addressed.
Other Incidental Non-Stormwater Discharges
Based on available information, there are no other incidental non-stormwater
discharges that are contributing significant amounts of pollutants to the MS4.
Outreach
Improve Illicit Education Efforts
The City will also be required to educate their citizens on the potential harms associated
with the illegal dumping of illicits. The City will distribute literature on the detrimental
effects of many household toxics. Citizens will be made aware of what can and can’t
be dumped into the storm sewer system. Representatives of the cities business
community will also be informed using educational ideas discussed in the Public
Education section. Efforts such as this will help meet the illicit discharge education
requirements, and will correlate with minimum measures 1 and 2.
Stormwater Management Guide for Susceptible Businesses
Certain industries are susceptible to producing illicit discharges. A stormwater
management guide, tailored to these industries, will be produced and distributed to
appropriate businesses operating within the City (See Public Education minimum
measure).
Decision Process
The City of Newton does not know the location of regulated outfalls within their
jurisdictional area. Therefore, it is the goal of City leaders to identify these outfalls and
in turn identify, track and disconnect any illicit discharges to the MS4. In addition, the
public will be educated about illicit discharges and their impact on water quality in
Newton.
The illicit discharge detection and elimination process described previously is based on
EPA guidance and processes and procedures being used successfully in other
communities. The process allows for a timely and efficient gathering of information
within each watershed and provides documentation of potential discharges, facilities
cited and actions taken. The debriefing meetings held at the end of each drainage area
investigation allows for further refinement of the system.
These are three basic reasons why illicit connections have been made to the system.
These three reasons are discussed below.
1.The person responsible for the discharge is unaware that it is happening. For
example, a sanitary sewer leak.
2.The person responsible for the discharge is aware of the discharge, but is unaware
that it is unacceptable.
3.The person responsible for the discharge is aware that the discharge is occurring
and is aware that it is unacceptable.
The first two reasons for illicit discharges will be addressed through education efforts
and interagency cooperation. Regular inspections of each drainage area will also help
to reduce the number of connections. Generally, reduction in the number of discharges
associated with the third type listed above will only be reduced through aggressive
inspection and enforcement activities
16. Describe the post-construction stormwater program
Post-construction stormwater management is necessary because runoff from areas
undergoing development and redevelopment has significantly impacted receiving water
bodies. This impact typically occurs in two forms. The first impact is due to an
increase in the type and quantity of pollutants in stormwater runoff. As water flows
over these sites, it transports harmful contaminants such as oil and grease, pesticides,
heavy metals, and various nutrients, (e.g., nitrogen and phosphorous). These pollutants
become suspended in the runoff and are conveyed to receiving water bodies, such as
lakes and creeks.
The second post-construction runoff impact typically occurs as a result of increased
stormwater runoff rates and volume due to an increase in impervious surfaces. This
increase in runoff has not only been shown to interrupt the natural water balance of
percolation into the ground, but also impact the receiving water body through stream
bank scouring and downstream flooding.
The NPDES Phase II program required that the City of Newton address the following
requirements:
Develop, implement and enforce a program to manage post-construction
discharges to the MSA from new development or redevelopment project that
disturb greater than or equal to one acre
Develop and implement a combination of both structural and non-structural BMPs
Create an ordinance or regulatory program that requires the use of post
construction runoff controls
Ensure adequate long-term operation and maintenance of the controls
The post construction program developed by the City of Newton was in place on July 1,
2007.
Stormwater Management Options
The City of Newton’s post-construction program applies to all new development
projects that cumulatively disturb one acre or more, and to projects less than an acre
that are part of a larger common plan of development or sale. The program also applies
to all redevelopment projects that cumulatively disturb one acre or more and to projects
less than one acre that are part of a larger common part of development or sale. The
projects must apply for permit coverage as a low or high-density project.
Low Density Project
The City’s Stormwater Ordinance, which was based on the State’s Model Ordinance,
considers a project a low-density project if development or redevelopment had no more
than two dwelling units per acre or 24 percent built-upon area (BUA) for all residential
and non-residential development.
A project with an overall density at or below the relevant low-density threshold, but
containing areas with a density greater than the overall project density, may be
considered low density as long as the project meets or exceeds the post-construction
model practices for low-density projects and locates the higher density in upland areas
and away from surface waters and drainage ways to the maximum extent practicable.
High Density Project
The City’s Stormwater Ordinance, which was based on the State’s Model Ordinance,
considers a project a High-density project if the development or redevelopment exceeds
the low-density threshold for dwelling units per acre or built-upon area.
Operation and Maintenance
In order for the post-construction program to be successful, an operation and
maintenance component must be developed that ensures the long-term operation of
required structural BMPs. A requirement will be developed as part of the post-
construction ordinance that requires owners of permitted structural BMPs to submit an
annual maintenance inspection report on each structure. The requirement specifies that
the inspections must be conducted by qualified professionals and that the inspection
report must be signed and certified by the owner. Failure to comply with this
requirement will result in penalties adopted as part of the post-construction ordinance.
Control of Fecal Coliforms
Water polluted by human or animal waste can harbor numerous pathogens that may
threaten human health. Since routine tests for individual pathogens are not practical,
fecal coliform bacteria are widely used as an indicator of the potential presence of
disease-causing microorganisms. Fecal coli forms are bacteria typically associated with
the intestinal tract of warm-blooded animals and their number is generally assumed to
be correlated with the number of pathogens in a water sample. They enter surface
waters from a number of sources including failing on-site wastewater systems, broken
sewer lines, improperly treated discharges of domestic wastewater, improperly
designed or managed animal waste facilities, and wild animals.
Several general management strategies for addressing fecal coliform contamination
include:
Maintenance and repair of sanitary sewer lines.
Elimination of piped unpermitted discharges of home waste (also known as
straight piping").
Encouragement of local health departments to routinely monitor waters known to
be used for body contact recreation (e.g., swimming and tubing).
There are no water bodies impaired for fecal coli forms within the City of Newton.
However, septic tanks are used in the City outside of the service area of the wastewater
treatment plant. Within Catawba County, the Catawba County Environmental Health
Division is responsible for permitting new septic tanks within the County, and also for
issuing repair permits to repair or replace existing septic systems. The County also
performs regular well testing and has detected no problems with fecal contamination in
the groundwater.
The City of Newton is consistently searching for funding opportunities through grants
to connect more residents to the sanitary sewer system and reduce the need for septic
tank use. In addition, the City’s storm sewer overflow policy outlines policies and
procedures in the event of a sanitary sewer spill to minimize impacts.
Additional Requirements for SA Waters
There are no SA waters within the Catawba basin. Therefore, these requirements do
not apply to the City of Newton.
Additional Requirements for Trout Waters
There are no designated trout (Tr) waters within the Catawba Basin. Therefore, these
requirements do not apply to the City of Newton.
Additional Requirements for Nutrient Sensitive Waters
There are no Nutrient Sensitive Waters (NSW) within the Catawba basin. Therefore,
these requirements do not apply to the City of Newton.
Comprehensive Watershed Plans
The City of Newton plans to split the City into smaller management units (based on
drainage area). The areas will then be prioritized for investigation based on any
identified water quality impairments or heavily developing areas. The areas will then
be evaluated separately to determine the most effective BMPs (structural or non-
structural) to be implemented in each area based on the types of development occurring
and any water quality concerns.
According to the State’s 2006 303(d) list, Clark Creek is impaired in several areas
within Catawba County. The cause of impairment is listed as hydro-modification, and
the priority is low. The waters are affected by pollution and therefore TMDLS are not
appropriate. The potential source for the pollution is intentional channelization. The
City of Newton will recognize these concerns within each drainage area as needed.
Non-Structural BMPs
Non-structural BMPs are management measures that prevent degradation of water
resources at the source, rather than treating runoff that has already been polluted. Non-
structural practices can include a variety of site-specific and regional practices,
including street sweeping, illicit connection location and elimination, public education
and outreach, land use modifications to minimize the amount of impervious surface
area, waste collection, and proper materials storage. While non-structural practices
play an invaluable role in protecting surface waters, they are not as easily quantified as
structural BMPs.
Policies and Ordinances
The City of Newton has been and will continue to explore the possibility of
implementing a buffer ordinance.
Policies and Ordinances to Encourage Infill Development and Redevelopment
The City of Newton currently uses its zoning and subdivision ordinances as well as its
utility extension policy to influence where development occurs. It is anticipated that the
City will review its ordinances and policies to determine their effectiveness in
encouraging infill development and redevelopment; and will adjust or amend them to
more adequately address stormwater control issues related to development.
Education Programs
An important piece in the post-construction program is training for developers. Since
they will be the affected by the these new post-construction regulations, it is imperative
that have a good understanding of what will be required as a result of the post-
construction ordinance.
Structural BMPs
Structural BMPs are physical structures designed to remove pollutants from stormwater
runoff, reduce downstream erosion, provide flood control, and promote groundwater
recharge. Structural BMPs differ from non-structural BMPs in that they include
engineering design and construction.
It is anticipated that BMPs will include wet detention ponds, wet extended detention
ponds, stormwater wetlands, shallow wetlands, pond/wetland systems, bio-retention
areas, sand filters, infiltration trenches, and enhanced dry swales. The City adopted the
State’s BMP Manual for developers to use in the creation of a stormwater management
plan for their site. The City will make revisions to this document as necessary to suit
the city’s unique development needs.
Natural Resource Protection
The City of Newton through its ordinances and development processes encourages the
protection of streams, rivers, and other water bodies; natural areas; flood plain;
wetlands; and other natural resources. The City will continue to make strides to
increase its level of protection of natural resources as opportunities presents
themselves.
Open Space Protection
The City of Newton through its ordinances and development processes requires the
dedication of open space. Where and when the dedication of open space is not feasible
or practical, the City’s ordinances contain provisions to allow for fees to be paid in lieu
of land dedication. These fees may be used to acquire open space within the City.
Tree Preservation
The City of Newton does require the planting of trees and shrubs within parking lots
and required landscaped areas within developments. In addition the City requires that
developers plant street trees along new streets within subdivisions.
Mixed-Use Development
The City of Newton through its Zoning Ordinance allows for the creation of mixed-use
development. In addition to the City’s commercial, office, and institutional zoning
districts which allows residential uses as permitted uses by right; the City also has a
mixed-use planned development zoning district. These provisions in the zoning
ordinance offer developers flexibility in being able to create mixed-use developments.
Minimizing Stormwater from Parking Lots
The City of Newton’s Zoning Ordinance requires that parking lots include landscaping
which includes trees and shrubs. These landscaped areas can reduce the environmental
impact of by providing shade and, if properly placed, will create natural barriers
between pedestrians and cars.
Green Infrastructure Practices
The City of Newton will consider implementing measures and practices that will
encourage the use of green infrastructure. Green infrastructure approaches have been
proven to be more effective and cost efficient than conventional stormwater
management practice in many instances and provide other substantial community
benefits. The City will look at practices that are in place that discourages or prohibits
the use of green infrastructure. The City will explore the possibility of creating
opportunities for developers to meet stormwater requirements in other ways, such as
off-site stormwater management within the same drainage basin or “fee in lieu” of
programs for situations where on-site stormwater management is not the most effective
solution.
Regulatory Mechanism
The City of Newton adopted ordinance to address post-construction runoff that became
effective July 1, 2007. The ordinance includes requirements for low and high density
projects, operations and maintenance requirements, and structural and non-structural
BMP requirements.
Operation and Maintenance of BMPs
Long-term maintenance of BMPs is essential for program success. Therefore, the City
of Newton, as part of the post-construction ordinance, includes provisions for long-term
operation and maintenance plan for BMPs.
Decision Process
NPDES Phase II requirements necessitated the development of a post-construction
stormwater management program for the City of Newton. The City adopted a post-
construction ordinance which became effective July 1, 2007.
An important part of this program will be training, both for City staff and for
developers. Since these regulations are new and many have had no experience with
them, training will be needed to ensure that all individuals affected by the new
regulations have had sufficient training.
17. Describe practices to inspect and maintain municipally-owned facilities
The final minimum measure required by the NPDES Phase II program involves the
examination and possible alteration of municipal operations for good housekeeping and
pollution prevention measures. This measure requires that municipalities evaluate their
actions to ensure a reduction in the amount and type of pollution that accumulates on
streets, parking lots, open spaces, and storage and vehicle maintenance areas that
discharge into local water bodies. In addition, this measure requires an evaluation of
results from land development actions that may contributes to pollutants in stormwater
runoff. The primary intent of the EPA with this measure is to improve and protect
water quality by altering the performance of municipal operations. However, the EPA
also feels that this measure could also result in increased cost savings for municipalities
through proper and timely maintenance of storm sewer systems.
To comply with this control measure, the City will be required to address the following
requirements:
Develop an operation and maintenance program with the objective of preventing
or reducing pollutant runoff from municipal operations into the City’s storm
sewer system
Include training of City operations personnel on how to incorporate pollution
prevention/good housekeeping techniques into City operations. This could
include park and open space maintenance, fleet and building maintenance, new
construction and land disturbances, and stormwater system maintenance.
18. Describe practices to inspect and maintain structural stormwater control
devices
The City of Newton does not currently have a formal program to clean storm sewer
inlet structures or pipes. The portion of the conveyance system that is maintained is
within the City’s right-of-way. Currently, the infrastructure is maintained by the City’s
Street Department as problems are reported by residents or noted in the field by City
personnel. Typical maintenance includes driveway culvert installation and clean out,
ditch maintenance, catch basin repairs and clean out, and headwall maintenance.
19. Describe practices to reduce polluted stormwater runoff from municipally-
owned streets, roads, and public parking lots, piped and vegetative
conveyances, manholes, cleanouts, drop inlets, and drainage structures.
Maintenance Facilities
The City currently recycles used motor oil and antifreeze from City fleet vehicles.
Used batteries are exchanged with a local vendor, tires are recycled and shredded at the
landfill, and other recyclables (plastic, cardboard, and paper) are collected by the City.
A vehicle wash facility located at the Public Works maintenance facility eliminates
wash water entering the storm drain system. Barrels are clearly marked and materials
such as paint are stored in their own separate location. Salt and sand piles are covered,
and fueling stations are covered as well. These measures all indicate that the City of
Newton has been proactive in adopting policies and practices for municipal operations
that benefit water quality in the community.
Street Sweeping and Washing
The goal of the City of Newton’s street sweeping program is to address both aesthetic
and water quality issues. The goal is accomplished by distributing various levels of
service throughout the business and neighborhood community areas. The street-
sweeper also has an attachment to clean catch basins that can be utilized if needed.
Streets are washed as necessary to remove dirt and debris.
Street sweepings that are collected (grass and leaves) are taken to the landfill along
with other street litter. Wastes or fluid leaks from accidents or spills are picked up by
disposal companies that specialize in that type of waste collection. On the days that the
sweepers finish after the landfill closes, the sweepings that have been collected are
either stored in a concrete bin at the maintenance facility or are left in the sweeper. No
sweepings or any other type of wastes are stored on the ground at any time.
20. Describe any training programs for municipal staff.
The City must administer a training program its staff regarding the importance of
stormwater pollution prevention and good housekeeping. The Environmental
Protection Agency (EPA) recommends training for staff members who deal with parks
and open space, the fleet maintenance center, new construction and MS4 maintenance.
Group programs will be presented to City staff members regarding good housekeeping
practices and procedures. In addition, resources and materials from the EPA and North
Carolina Department of Environment and Natural Resources will be used where
appropriate for training.
21. Describe spill response procedures for those at Municipally Owned and/or
Operated Facilities as well as those in the public right-of-way.
The City of Newton Fire Department is the first respondent to a hazardous materials
spill. All Fire Department staff members are trained to the Operations level for spill
response. The Department’s policy states that any spill over 5 gallons must be reported
to the Catawba County Emergency Management Team, which has a mobile response
unit that is kept at various fire stations throughout the County. The Catawba County
Emergency Management Team is backed up by the Regional Response Team, located
in Thomasville. Since most spills are due to roadway accidents, hazardous materials
commonly end up in the storm sewer system. The Department is responsible for
keeping the material from spreading to additional areas or to nearby storm drains. The
Fire Department owns a truck will booms, bails, and absorbents, which can be used for
the plugging and dyking of leaks. All of these measures help ensure that hazardous
materials do not infiltrate the storm drainage systems in the City.
Small spills of less than five gallons are addressed by on-site personnel using absorbent
material which is stored at convent with in proximity of areas where spills are most
likely to occur.

Audit Date(s): June 19, 2019 Page 13 of 25

Supporting Document 2:
City of Newton Phase II Stormwater Ordinance (Chapter 87 of City Code)
Chapter 87 - STORMWATER
ARTICLE I. - IN GENERAL
Sec. 87-1. - Title.
This chapter may be referred to and cited as the "Newton Stormwater Ordinance." It is referred to
herein as "this chapter."
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-2. - Authority.
The Newton City Council is authorized to adopt this chapter pursuant to North Carolina law, including
but not limited to Article 14, Section 5 of the Constitution of North Carolina; The Charter of the City of
Newton; North Carolina General Statutes 143-214.7 and rules promulgated by the Environmental
Management Commission thereunder; Session Law 2004-163; Chapter 160A, § 174, 185, Chapter 113A,
Article 4 (Sedimentation Pollution Control); Article 21, Part 6 (Floodway Regulation); Chapter 160A,
Article 19 (Planning and Regulation of Development); and Chapter 153A, Article 18.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-3. - Findings.
It is hereby determined that:
Development and redevelopment alter the hydrologic response of local watersheds and increase
stormwater runoff rates and volumes, flooding, soil erosion, stream channel erosion, nonpoint and point
source pollution, and sediment transport and deposition, as well as reducing groundwater recharge;
These changes in stormwater runoff contribute to increased quantities of water-borne pollutants and
alterations in hydrology that are harmful to public health and safety as well as to the natural environment;
and
These effects can be managed and minimized by applying proper design and well -planned controls
to manage stormwater runoff from development and redevelopment sites.
Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and Federal Phase II
Stormwater Rules promulgated under it, as well as rules of the North Carolina Environmental
Management Commission promulgated in response to Federal Phase II requirements, compel certain
urbanized areas, including the City of Newton, to adopt minimum stormwater controls such as those
included in this chapter.
Therefore, the Newton City Council establishes this set of water quality and quantity regulations to
meet the requirements of state and federal law regarding control of stormwater runoff and discharge.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-4. - Purpose.
a) General. The purpose of this chapter is to protect, maintain and enhance the public health, safety,
environment and general welfare by establishing minimum requirements and procedures to control
the adverse effects of increased post-development stormwater runoff and non-point and point source
pollution associated with new development and redevelopment. It has been determined that proper
management of construction-related and post-development stormwater runoff will minimize damage
to public and private property and infrastructure; safeguard the public health, safety, and general
welfare; and protect water and aquatic resources.
b) Specific. This chapter seeks to meet its general purpose through the following specific objectives and
means:
1) Establishing decision-making processes for development that protect the integrity of watersheds
and preserve the health of water resources;
2) Requiring that new development and redevelopment maintain the pre-development hydrologic
response in their post-development state as nearly as practicable for the applicable design
storm to reduce flooding, streambank erosion, non-point and point source pollution and
increases in stream temperature, and to maintain the integrity of stream channels and aquatic
habitats;
3) Establishing minimum post-development stormwater management standards and design criteria
for the regulation and control of stormwater runoff quantity and quality;
4) Establishing design and review criteria for the construction, function, and use of structural
stormwater best management practices (BMPs) that may be used to meet the minimum post -
development stormwater management standards;
5) Encouraging the use of better management and site design practices, such as the use of
vegetated conveyances for stormwater and the preservation of greenspace, riparian buffers and
other conservation areas to the maximum extent practicable;
6) Establishing provisions for the long-term responsibility for and maintenance of structural and
nonstructural stormwater BMPs to ensure that they continue to function as designed, are
maintained appropriately, and pose no threat to public safety;
7) Establishing administrative procedures for the submission, review, approval and disapproval of
stormwater management plans, for the inspection of approved projects, and to assure
appropriate long-term maintenance.
8) Coordinating site design plans that include open space and natural areas with applicable land
development plans which have been adopted by the Newton City Council.
9) Controlling illicit discharges into the municipal separate stormwater system.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-5. - Applicability and jurisdiction.
a) General. Beginning with and subsequent to its effective date, this chapter shall be applicable to all
development and redevelopment, including, but not limited to, site plan applications, subdivision
applications, and grading applications, unless exempt pursuant to subsection (b) of this section,
exemptions.
b) Exemptions.
Development that cumulatively disturbs less than one acre and is not part of a larger common
plan of development or sale is exempt from the provisions of this chapter.
Redevelopment that cumulatively disturbs less than one acre and is not part of a larger common
plan of development or sale is exempt from the provisions of this chapter.
Development and redevelopment that disturb less than one acre are not exempt if such
activities are part of a larger common plan of development or sale, even though multiple, separate or
distinct activities take place at different times on different schedules.
Activities that are exempt from permit requirements of Section 404 of the Federal Clean Water Act as
specified in 40 CFR 232 (primarily, ongoing farming and forestry activities) are exempt from the provisions
of this chapter.
c) No development or redevelopment until compliance and permit. No development or redevelopment
shall occur except in compliance with the provisions of this chapter or unless exempted. No
development for which a permit is required pursuant to this chapter shall occur except in compliance
with the provisions, conditions, and limitations of the permit.
d) Map. The provisions of this chapter shall apply within the areas designated on the map titled "Phase
II Stormwater Map of City of Newton, North Carolina" ("the stormwater map"), which is adopted
simultaneously herewith. The stormwater map and all explanatory matter contained thereon
accompanies and hereby made a part of this chapter.
The stormwater map shall be kept on file by the stormwater administrator and shall be updated to take
into account changes in the land area covered by this chapter and the geographic location of all structural
BMPs permitted under this chapter. In the event of a dispute, the applicability of this chapter to a
particular area of land or BMP shall be determined by reference to the North Carolina Statutes, the North
Carolina Administrative Code, and local zoning and jurisdictional boundary ordinances.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-6. - Interpretation.
a) Meaning and intent. All provisions, terms, phrases, and expressions contained in this chapter shall
be construed according to the general and specific purposes set forth in section 86 -4, purpose. If a
different or more specific meaning is given for a term defined elsewhere in City of Newton, the
meaning and application of the term in this chapter shall control for purposes of application of this
chapter.
b) Text controls in event of conflict. In the event of a conflict or inconsistency between the text of this
chapter and any heading, caption, figure, illustration, table, or map, the text shall control.
c) Authority for interpretation. The stormwater administrator has authority to determine the
interpretation of this chapter. Any person may request an interpretation by submitting a written
request to the stormwater administrator, who shall respond in writing within 30 days. The stormwater
administrator shall keep on file a record of all written interpretations of this chapter.
d) References to statutes, regulations, and documents. Whenever reference is made to a resolution,
ordinance, statute, regulation, manual (including the design manual), or document, it shall be
construed as a reference to the most recent edition of such that has been finalized and published
with due provision for notice and comment, unless otherwise specifically stated.
e) Computation of time. The time in which an act is to be done shall be computed by excluding the first
day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday or
holiday observed by the City of Newton, the deadline or required date of action shall be the next day
that is not a Saturday, Sunday or holiday observed by the City of Newton. References to days are
calendar days unless otherwise stated.
f) Delegation of authority. Any act authorized by this chapter to be carried out by the Stormwater
Administrator of City of Newton may be carried out by his or her designee.
g) Usage.
1) Mandatory and discretionary terms. The words "shall", "must", and "will" are mandatory in
nature, establishing an obligation or duty to comply with the particular provision. The words
may" and "should" are permissive in nature.
2) Conjunctions. Unless the context clearly indicates the contrary, conjunctions shall be interpreted
as follows: The word "and" indicates that all connected items, conditions, provisions and events
apply. The word "or" indicates that one or more of the connected items, conditions, provisions or
events apply.
3) Tense, plurals, and gender. Words used in the present tense include the future tense. Words
used in the singular number include the plural number and the plural number includes the
singular number, unless the context of the particular usage clearly indicates otherwise. Words
used in the masculine gender include the feminine gender, and vice versa.
h) Measurement and computation. Lot area refers to the amount of horizontal land area contained
inside the lot lines of a lot or size.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-7. - Definitions.
When used in this chapter, the following words and terms shall have the meaning set forth in this
section, unless other provisions of this chapter specifically indicate otherwise.
Built-upon area (BUA) means a portion of a development project that is covered by impervious or
partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as
roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built-upon area" does not
include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious
paving material to the extent that the paving material absorbs water or allows water to infiltrate through
the paving material.
Department means the North Carolina Department of Environment and Natural Resources.
Design manual means the stormwater design manual approved for use in Phase II jurisdictions by
the department for the proper implementation of the requirements of the federal Phase II stormwater
program. All references herein to the design manual are to the latest published edition or revision.
Development means any land-disturbing activity that increases the amount of built-upon area or that
otherwise decreases the infiltration of precipitation into the soil.
Division means the division of water quality in the department.
High-density project means any project that exceeds the low-density threshold for dwelling units per
acre or built-upon area.
Larger common plan of development or sale means any area where multiple separate and distinct
construction or land-disturbing activities will occur under one plan. A plan is any announcement or piece
of documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement,
loan application, drawing, permit application, zoning request, or computer design) or physical
demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that
construction activities may occur on a specific plot.
Low-density project means a project is considered a low-density project if it has no more than two
dwelling units per acre or 24 percent built-upon area (BUA) for all residential and non-residential
development.
A project with an overall density at or below the relevant low-density threshold, but containing areas
with a density greater than the overall project density, may be considered low density as long as the
project meets or exceeds the post-construction model practices for low-density projects and locates the
higher density in upland areas and away from surface waters and drainageways to the maximum extent
practicable.
1-Year, 24-Hour Storm means the surface runoff resulting from a 24-hour rainfall of an intensity
expected to be equaled or exceeded, on average, once in 12 months and with a duration of 24 hours.
Owner means the legal or beneficial owner of land, including but not limited to a mortgagee or
vendee in possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person
or entity holding proprietary rights in the property or having legal power of management and control of the
property. "Owner" shall include long-term commercial tenants; management entities, such as those
charged with or engaged in the management of properties for profit; and every person or entity having
joint ownership of the property. A secured lender not in possession of the property does not constitute an
owner, unless the secured lender is included within the meaning of "owner" under another description in
this definition, such as a management entity.
Redevelopment means any development on previously-developed land, other than a rebuilding
activity that results in no net increase in built-upon area and provides equal or greater stormwater control
than the previous development.
Structural BMP means a physical device designed to trap, settle out, or filter pollutants from
stormwater runoff; to alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to
approximate the predevelopment hydrology on a developed site; or to achieve any combination of these
goals. Structural BMP includes physical practices such as constructed wetlands, vegetative practices,
filter strips, grassed swales, and other methods installed or created on real property. "Structural BMP" is
synonymous with "structural practice," "stormwater control facility," "stormwater control practice,"
stormwater treatment practice," "stormwater management practice," "stormwater control measures,"
structural stormwater treatment systems," and similar terms used in this chapter.
Substantial progress means for the purposes of determining whether sufficient progress has been
made on an approved plan, one or more of the following construction activities toward the completion of a
site or subdivision plan shall occur: obtaining a soil erosion permit and conducting grading activity on a
continuous basis and not discontinued for more than thirty (30) days; or installation and approval of on-
site infrastructure; or obtaining a building permit for the construction and approval of a building
foundation. "Substantial progress" for purposes of determining whether an approved plan is null and void
is not necessarily the same as "substantial expenditures" used for determining vested rights pursuant to
applicable law.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-8. - Design manual.
a) Reference to design manual. The stormwater administrator shall use the policy, criteria, and
information, including technical specifications and standards, in the design manual as the basis for
decisions about stormwater permits and about the design, implementation and performance of
structural and nonstructural stormwater BMPs.
The design manual includes a list of acceptable stormwater treatment practices, including specific design
criteria for each stormwater practice. Stormwater treatment practices that are designed, constructed, and
maintained in accordance with these design and sizing criteria will be presumed to meet the minimum
water quality performance standards of the Phase II laws.
b) Relationship of design manual to other laws and regulations. If the specifications or guidelines of the
design manual are more restrictive or apply a higher standard than other laws or regulations, that
fact shall not prevent application of the specifications or guidelines in the design manual.
c) Changes to standards and specifications. If the standards, specifications, guidelines, policies,
criteria, or other information in the design manual are amended subsequent to the submittal of an
application for approval pursuant to this chapter but prior to approval, the new information shall
control and shall be utilized in reviewing the application and in implementing this chapter with regard
to the application.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-9. - Relationship to other laws, regulations and private agreements.
a) Conflict of laws. This chapter is not intended to modify or repeal any other ordinance, rule, regula tion
or other provision of law. The requirements of this chapter are in addition to the requirements of any
other ordinance, rule, regulation or other provision of law. Where any provision of this chapter
imposes restrictions different from those imposed by any other ordinance, rule, regulation or other
provision of law, whichever provision is more restrictive or imposes higher protective standards for
human or environmental health, safety, and welfare shall control.
b) Private agreements. This chapter is not intended to revoke or repeal any easement, covenant, or
other private agreement. However, where the regulations of this chapter are more restrictive or
impose higher standards or requirements than such an easement, covenant, or other private
agreement, the requirements of this chapter shall govern. Nothing in this chapter shall modify or
repeal any private covenant or deed restriction, but such covenant or restriction shall not legitimize
any failure to comply with this chapter. In no case shall Newton City Council be obligated to enforce
the provisions of any easements, covenants, or agreements between private parties.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-10. - Severability.
If the provisions of any section, subsection, paragraph, subdivision or clause of this chapter shall be
adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the
remainder of any section, subsection, paragraph, subdivision or clause of this chapter.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-11. - Effective date and transitional provisions,
a) Effective date. This chapter shall take effect on July 1, 2007.
b) Final approvals, complete applications. All development and redevelopment projects for which
complete and full applications were submitted and approved by the City of Newton prior to the
effective date of this chapter and which remain valid, unexpired, unrevoked and not otherwise
terminated at the time of development or redevelopment shall be exempt from complying with all
provisions of this chapter dealing with the control and/or management of post-construction runoff, but
shall be required to comply with all other applicable provisions, including but not limited to illicit
discharge provisions.
A phased development plan shall be deemed approved prior to the effective data of this chapter if it has
been approved by all necessary government units, it remains valid, unexpired, unrevoked and not
otherwise terminated, and it shows:
1) For the initial or first phase of development, the type and intensity of use for a specific parcel or
parcels, including at a minimum, the boundaries of the project and a subdivision plan that has
been approved.
2) For any subsequent phase of development, sufficient detail so that implementation of the
requirements of this chapter to that phase of development would require a material change in
that phase of the plan.
c) Violations continue. Any violation of provisions existing on the effective date of this chapter shall
continue to be a violation under this chapter and be subject to penalties and enforcement under this
chapter unless the use, development, construction, or other activity complies with the provisions of
this chapter.
Ord. No. 2007.16, § 1, 6-19-2007)
ARTICLE II. - ADMINISTRATION AND PROCEDURES
Sec. 87-12. - Review and decision-making entities.
a) Stormwater administrator.
1) Designation. The stormwater administrator shall be the planning director or his designee.
2) Powers and duties. In addition to the powers and duties that may be conferred by other
provisions of the City of Newton City Code and other laws, the stormwater administrator shall
have the following powers and duties under this chapter:
a. To review and approve, approve with conditions, or disapprove applications for approval of
plans pursuant to this chapter.
b. To make determinations and render interpretations of this chapter.
c. To establish application requirements and schedules for submittal and review of
applications and appeals, to review and make recommendations to the City of Newton City
Council on applications for development or redevelopment approvals.
d. To enforce the provisions of this chapter in accordance with its enforcement position.
e. To maintain records, maps, forms and other official materials as relate to the adoption,
amendment, enforcement, and administration of this chapter.
f. To provide expertise and technical assistance to the City of Newton City Council and
Planning Commission, who serves as the stormwater advisory board, upon request.
g. To designate appropriate other person (s) who shall carry out the powers and duties of the
stormwater administrator.
h. To take any other action necessary to administer the provisions of this chapter.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-13. - Review procedures.
a) Permit required; must apply for permit. A stormwater permit is required for all development and
redevelopment unless exempt pursuant to this chapter. A permit may only be issued subsequent to a
properly submitted and reviewed permit application, pursuant to this section.
b) Effect of permit. A stormwater permit shall govern the design, installation, and construction of
stormwater management and control practices on the site, including structural BMPs and element s
of site design for stormwater management other than structural BMPs.
The permit is intended to provide a mechanism for the review, approval and inspection of the approach to
be used for the management and control of stormwater for the development or redevelopment site
consistent with the requirements of this chapter, whether the approach consists of structural BMPs or
other techniques such as low-impact or low-density design. The permit does not continue in existence
indefinitely after the completion of the project; rather, compliance after project construction is assured by
the maintenance provisions of this chapter.
c) Authority to file applications. All applications required pursuant to this Code shall be submitted to the
stormwater administrator by the land owner or the land owner's duly authorized agent.
d) Establishment of application requirements, schedule, and fees.
1) Application contents and form. The stormwater administrator shall establish requirements for
the content and form of all applications and shall amend and update those requirements from
time to time, which shall be reviewed and approved by the stormwater advisory board. At a
minimum, the stormwater permit application shall describe in detail how post -development
stormwater runoff will be controlled and managed, the design of all stormwater facilities and
practices, and how the proposed project will meet the requirements of this chapter.
2) Submission schedule. The stormwater administrator shall establish a submission schedule for
applications, which shall be reviewed and approved by the stormwater advisory board. The
schedule shall establish deadlines by which complete applications must be submitted for the
purpose of ensuring that there is adequate time to review applications; and that the various
stages in the review process are accommodated.
3) Permit review fees. The City of Newton City Council shall establish permit review fees in the
schedule of fees and charges adopted annually by the city council. In addition they s hould
establish policies regarding refund of any fees upon withdrawal of an application, and may
amend the policies from time to time.
e) Submittal of complete application. Applications shall be submitted to the stormwater administrator
pursuant to the application submittal schedule in the form established by the stormwater
administrator, along with the appropriate fee established pursuant to this section.
An application shall be considered as timely submitted only when it contains all elements of a com plete
application pursuant to this chapter, along with the appropriate fee. If the stormwater administrator finds
that an application is incomplete, the applicant shall be notified of the deficient elements and shall be
provided with an opportunity to submit a complete application. However, the submittal of an incomplete
application shall not suffice to meet a deadline contained in the submission schedule established above.
f) Review. The stormwater administrator shall review the application and determine whether the
application complies with the standards of this chapter.
1) Approval. If the stormwater administrator finds that the application complies with the standards
of this chapter, the stormwater administrator shall approve the application. The stormwater
administrator may impose conditions of approval as needed to ensure compliance with this
chapter. The condition shall be included as part of the approval.
2) Fails to comply. If the stormwater administrator finds that the application fails to comply with the
standards of this chapter, the stormwater administrator shall notify the applicant and shall
indicate how the application fails to comply. The applicant shall have an opportunity to submit a
revised application.
3) Revision and subsequent review. A complete revised application shall be reviewed by the
stormwater administrator after its re-submittal and shall be approved, approved with conditions
or disapproved.
If a revised application is not re-submitted within 30 calendar days from the date the applicant
was notified, the application shall be considered withdrawn, and a new submittal for the same or
substantially the same project shall be required along with the appropriate fee for a new
submittal.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-14. - Applications for approval.
a) Concept plan and consultation meeting. Before a stormwater management permit application is
deemed complete, the stormwater administrator or developer may request a consultation on a
concept plan for the post-construction stormwater management system to be utilized in the proposed
development project. This consultation meeting should take place at the time of the preliminary plan
of subdivision or other early step in the development process. The purpose of this meeting is to
discuss the post-construction stormwater management measures necessary for the proposed
project, as well as to discuss and assess constraints, opportunities and potential approaches to
stormwater management designs before formal site design engineering is commenced. Local
watershed plans and other relevant resource protection plans, such as but not limited to land
development plans, small area plans and park and open space plans should be consulted in the
discussion of the concept plan.
To accomplish this goal, the following information should be included in the concept plan, which should
be submitted in advance of the meeting:
1) Existing conditions/proposed site plans. Existing conditions and proposed site layout sketch
plans, which illustrate at a minimum existing and proposed topography; perennial and
intermittent streams; mapping of predominant soils from soil surveys (if available); boundaries of
existing predominant vegetation; proposed limits of clearing and grading; and location of
existing and proposed roads, buildings, parking areas and other impervious surfaces.
2) Natural resources inventory. A written or graphic inventory of natural resources at the site and
surrounding area as it exists prior to the commencement of the project. This description should
include a discussion of soil conditions, forest cover, geologic features, topography, wetlands,
and native vegetative areas on the site, as well as the location and boundaries of other natural
feature protection and conservation areas such as lakes, ponds, floodplains, stream buffers and
other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.). Particular attention
should be paid to environmentally sensitive features that provide particular opportunities or
constraints for development and stormwater management.
3) Stormwater management system concept plan. A written or graphic concept plan of the
proposed post-development stormwater management system including: preliminary selection
and location of proposed structural stormwater controls; low-impact design elements; location of
existing and proposed conveyance systems such as grass channels, swales, and storm drains;
flow paths; location of floodplain/floodway limits; relationship of site to upstream and
downstream properties and drainages; and preliminary location of any proposed stream channel
modifications, such as bridge or culvert crossings.
b) Stormwater management permit application. The stormwater management permit application shall
detail how post-development stormwater runoff will be controlled and managed and how the
proposed project will meet the requirements of this chapter, including article II, standards. All such
plans shall be prepared by a qualified registered North Carolina professional engineer, surveyor, soil
scientist, or landscape architect, and the engineer, surveyor, soil scientist, or landscape architect
shall perform services only in their area of competence, and shall verify that the design of all
stormwater management facilities and practices meets the submittal requirements for complete
applications, that the designs and plans are sufficient to comply with applicable standards and
policies found in the design manual, and that the designs and plans ensure compliance with this
chapter.
The submittal shall include all of the information required in the submittal checklist established by the
stormwater administrator. Incomplete submittals shall be treated pursuant to section 73-12(e).
c) As-built plans and final approval. Upon completion of a project, and before a certificate of occupancy
shall be granted, the applicant shall certify that the completed project is in accordance with the
approved stormwater management plans and designs, and shall submit actual "as built" plans for all
stormwater management facilities or practices after final construction is completed.
The plans shall show the final design specifications for all stormwater management facilities and practices
and the field location, size, depth, and planted vegetation of all measures, controls, and devices, as
installed. The designer of the stormwater management measures and plans shall certify, under seal, that
the as-built stormwater measures, controls, and devices are in compliance with the approved stormwater
management plans and designs and with the requirements of this chapter. A final inspection and approval
by the stormwater administrator shall occur before the release of any performance securities.
d) Other permits. No certificate of compliance or occupancy shall be issued by the city or the county
building inspections department without final as-built plans and a final inspection and approval by the
stormwater administrator, except where multiple units are served by the stormwater practice or
facilities, in which case the city may elect to withhold a percentage of permits or certificates of
occupancy until as-built plans are submitted and final inspection and approval has occurred.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-15. - Approvals.
a) Effect of approval. Approval authorizes the applicant to go forward with only the specific plans and
activities authorized in the permit. The approval shall not be construed to exempt the applicant from
obtaining other applicable approvals from local, state, and federal authorities.
b) Time limit/expiration. An approved plan shall become null and void if the applicant fails to make
substantial progress on the site within one year after the date of approval. The stormwater
administrator may grant a single, one-year extension of this time limit, for good cause shown, upon
receiving a written request from the applicant before the expiration of the approved plan.
In granting an extension, the stormwater administrator may require compliance with standards adopted
since the original application was submitted unless there has been substantial reliance on the original
permit and the change in standards would infringe the applicant's vested rights.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-16. - Appeals.
a) Right of appeal. Any aggrieved person affected by any decision, order, requirement, or determination
relating to the interpretation or application of this chapter made by the stormwater administrator, may
file an appeal to the Newton Board of Adjustment within 30 days.
b) Filing of appeal and procedures. Appeals shall be taken within the specified time period by filing a
notice of appeal and specifying the grounds for appeal on forms provided by City of Newton. The
stormwater administrator shall transmit to the Newton Board of Adjustment all documents
constituting the record on which the decision appealed from was taken.
The hearing conducted by the Newton Board of Adjustment shall be conducted in the nature of a quasi-
judicial proceeding with all findings of fact supported by competent, material evidence.
c) Review by superior court. Every decision of the Newton City Council shall be subject to superior
court review by proceedings in the nature of certiorari. Petition for review by the superior court shall
be filed with the clerk of superior court within 30 days after the latter of the following:
1) The decision of the Newton City Council is filed: or
2) A written copy of the decision is delivered to every aggrieved party who has filed a written
request for such copy with the city clerk at the time of its hearing of the case.
Ord. No. 2007.16, § 1, 6-19-2007)
ARTICLE III. - STANDARDS
Sec. 87-17. - General standards.
All development and redevelopment to which this chapter applies shall comply with the standards of
this section.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-18. - Development standards for low-density projects.
Low-density projects shall comply with teach of the following standards:
a) Stormwater runoff from the development shall be transported from the development by
vegetated conveyances to the maximum extent practicable.
b) All built-upon area shall be at a minimum of 30 feet landward of all perennial and intermittent
surface waters. A perennial or intermittent surface water shall be deemed present if the feature
is approximately shown on either the most recent version of the soil survey map prepared by
the Natural Resources Conservation Service of the United States Department of Agriculture
USDA) or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic
maps prepared by the United States Geologic Survey (USGS). An exception to this requirement
may be allowed when surface waters are not present in accordance with the provisions of 15A
NCAC 2B .0233 (3) (a) or similar site-specific determination made using division-approved
methodology.
c) The approval of the stormwater permit shall require an enforceable restriction on property usage
that runs with the land, such as a recorded deed restriction or protective covenants, to ensure
that future development and redevelopment maintains the site consistent with the approved
project plans.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-19. - Development standards for high-density projects.
High-density projects shall implement stormwater control measures that comply with each of the
following standards:
a) The measures shall control and treat runoff from the first inch of rain. Runoff volume drawdown
time shall be a minimum of 48 hours, but not more than 120 hours.
b) High-density projects must discharge the storage volume at a rate equal to or less than the
predevelopment discharge rate for the one-year, 24-hour storm.
c) All structural stormwater treatment systems used to meet these requirements shall be designed
to have a minimum of 85% average annual removal or total suspended solids (TSS);
d) General engineering design criteria for all projects shall be in accordance with 15A NCAC
2H.1008 (c), as explained in the design manual;
e) All built-upon area shall be at a minimum of 30 feet landward of all perennial and intermittent
surface waters. A surface water shall be deemed present if the feature is approximately shown
on either the most recent version of the soil survey map prepared by the Natural Resources
Conservation Service of the United States Department of Agriculture (USDA) or the most recent
version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United
States Geologic Survey (USGS). An exception to this requirement may be allowed when
surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3) (a)
or similar site-specific determination made using division-approved methodology.
f) The approval of the stormwater permit shall require an enforceable restriction on property usage
that runs with the land, such as recorded deed restrictions or protective covenants, to ensure
that future development and redevelopment maintains the site consistent with the approved
project plans.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-20. - Standards for stormwater control measures.
a) Evaluation according to contents of design manual. All stormwater control measures and stormwater
treatment practices (also referred to as best management practices, or BMPs) required under this
chapter shall be evaluated by the stormwater administrator according to the policies, criteria, and
information, including technical specifications and standards and the specific design criteria for each
stormwater practice, in the design manual. The stormwater administrator shall determine whether
proposed BMPs will be adequate to meet the requirements of this chapter.
b) Determination of adequacy: presumptions and alternatives. Stormwater treatment practices that are
designed, constructed, and maintained in accordance with the criteria and specifications in the
design manual will be presumed to meet the minimum water quality and quantity performance
standards of this chapter. Whenever an applicant proposes to utilize a practice or practices not
designed and constructed in accordance with the criteria and specifications in the design manual, the
applicant shall have the burden of demonstrating that the practice (s) will satisfy the minimum water
quality and quantity performance standards of this chapter. The stormwater administrator may
require the applicant to provide the documentation, calculations, and examples necessary for the
stormwater administrator to determine whether such an affirmative showing is made.
c) Separation from seasonal high water table. For BMPs that require a separation from the seasonal
high-water table, the separaton shall be provided by at least 12 inches of naturally occurring soil
above the seasonal high-water table.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-21. - Dedication of BMPs, facilities and improvements.
The City of Newton may accept dedication of any existing or future stormwater management facility
for maintenance, provided such facility meets all the requirements of this chapter and includes adequate
and perpetual access and sufficient area, by easement or otherwise, for inspection and regular
maintenance.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-22. - Variances.
a) Any person may petition the Newton Board of Adjustment for a variance granting permission to use
the person's land in a manner otherwise prohibited by this chapter. To quality for a variance, the
petitioner must show all of the following:
1) Unnecessary hardships would result from strict application of this chapter.
2) The hardships result from conditions that are peculiar to the property, such as the location, size,
or topography of the property.
3) The hardships did not result from actions taken by the petitioner.
4) The requested variance is consistent with the spirit, purpose, and intent of this chapter; will
secure public safety and welfare; and will preserve substantial justice.
b) The Newton Board of Adjustment may impose reasonable and appropriate conditions and
safeguards upon any variance it grants.
c) Statutory exceptions. Notwithstanding subdivision (a) of this section, exceptions from the 30-foot
landward location of built-upon area requirement as well as the deed restrictions and protective
covenants requirements shall be granted in any of the following instances:
1) When there is a lack of practical alternatives for a road crossing, railroad crossing, bridge,
airport facility, or utility crossing as long as it is located, designed, constructed, and maintained
to minimize disturbance, provide maximum nutrient removal, protect against erosion and
sedimentation, have the least adverse effects on aquatic life and habitat, and protect water
quality to the maximum extent practicable through the use of BMPs.
2) When there is a lack of practical alternatives for a stormwater management facility; a
stormwater management pond; or a utility, including, but limited to, water, sewer, or gas
construction and maintenance corridor, as long as it is located 15 feet landward of all perennial
and intermittent surface waters and as long as it is located, designed, constructed, and
maintained to minimize disturbance, provide maximum nutrient removal, protect against erosion
and sedimentation, have the least adverse effects on aquatic life and habitat, and protect water
quality to the maximum extend practicable through the use of BMPs.
3) A lack of practical alternatives may be shown by demonstrating that, considering the potential
for a reduction in size, configuration, or density of the proposed activity and all alternative
designs, the basic project purpose cannot be practically accomplished in a manner which would
avoid or result in less adverse impact to surface waters.
Ord. No. 2007.16, § 1, 6-19-2007)
ARTICLE IV. - MAINTENANCE
Sec. 87-23. - General standards for maintenance.
a) Function of BMPs as intended. The owner of each structural BMP installed pursuant to this chapter
shall maintain and operate it so as to preserve and continue its function in controlling stormwater
quality and quantity at the degree or amount of function for which the structural BMP was designed.
b) Annual maintenance inspection and report. The owner of any structural BMP installed pursuant to
this chapter shall submit to the stormwater administrator an annual inspection report from one of the
following persons performing services only in their area of competence: A qualified registered North
Carolina professional engineer, surveyor, landscape architect, soil scientist, aquatic biologist, or
person certified by the North Carolina Cooperative Extension Service for stormwater treatment
practice inspection and maintenance. The inspection report shall contain all of the following:
1) The name and address of the land owner;
2) The recorded book and page number of the lot of each structural BMP;
3) A statement that an inspection was made of all structural BMPs;
4) The date the inspection was made;
5) A statement that all inspected structural BMPs are performing properly and are in compliance
with the terms and conditions of the approved maintenance agreement required by this chapter;
and
6) The original signature and seal of the engineer, surveyor, or landscape architect.
All inspection reports shall be on forms supplied by the stormwater administrator. An original inspection
report shall be provided to the stormwater administrator beginning one year from the date of as-built
certification and each year thereafter on or before the date of the as -built certification.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-24. - Operation and maintenance agreement.
a) In general. Prior to the conveyance or transfer of any lot or building site to be served by a structural
BMP pursuant to this chapter, and prior to issuance of any permit for development or redevelopment
requiring a structural BMP pursuant to this chapter, the applica nt or owner of the site must execute
an operation and maintenance agreement that shall be binding on all subsequent owners of the site,
portions of the site, and lots or parcels served by the structural BMP. Until the transference of all
property, sites, or lots served by the structural BMP, the original owner or applicant shall have
primary responsibility for carrying out the provisions of the maintenance agreement.
The operation and maintenance agreement shall require the owner or owners to maintain, repair and, if
necessary, reconstruct the structural BMP, and shall state the terms, conditions, and schedule of
maintenance for the structural BMP. In addition, it shall grant to City of Newton a right of entry in the
event that the stormwater administrator has reason to believe it has become necessary to inspect,
monitor, maintain, repair, or reconstruct the structural BMP; however, in no case shall the right of entry, of
itself, confer an obligation on City of Newton to assume responsibility for the structural BMP.
The operation and maintenance agreement must be approved by the stormwater administrator prior to
plan approval, and it shall be referenced on the final plat and shall be recorded with the county register of
deeds upon final plat approval. A copy of the recorded maintenance agreement shall be recorded at the
same time as the Final Plat by the City of Newton.
b) Special requirement for homeowners' and other associations. For all structural BMPs required
pursuant to this chapter and that are to be or are owned and maintained by a homeowners'
association, property owners' association, or similar entity, the required operation and maintenance
agreement shall include all of the following provisions:
1) Acknowledgement that the association shall continuously operate and maintain the stormwater
control and management facilities.
2) Establishment of an escrow account, which can be spent solely for sediment removal,
structural, biological or vegetative replacement, major repair, or reconstruction of the structural
BMPs. If structural BMPs are not performing adequately or as intended or are not properly
maintained, the City of Newton, in its sole discretion, may remedy the situation, and in such
instances the City of Newton shall be fully reimbursed from the escrow account. Escrowed
funds may be spent by the association and its members for sediment removal, structural,
biological or vegetative replacement, major repair, and reconstruction of the structural BMPs,
provided that the City of Newton shall first consent to the expenditure.
3) Both developer contribution and annual sinking funds shall fund the escrow account. Prior to
plat recordation or issuance of construction permits, whichever shall first occur, the developer
shall pay into the escrow account an amount equal to 15 percent of the initial construction cost
of the structural BMPs. Two-thirds of the total amount of sinking fund budget shall be deposited
into the escrow account within the first five years and the full amount shall be deposited within
ten years following initial construction of the structural BMPs. Funds shall be deposited each
year into the escrow account. A portion of the annual assessments of the association shall
include an allocation into the escrow account. Any funds drawn down from the escrow account
shall be replaced in accordance with the schedule of anticipated work used to create the sinking
fund budget.
4) The percent of developer contribution and lengths of time to fund the escrow account may be
varied by the City of Newton depending on the design and materials of the stormwater control
and management facility.
5) Granting to the City of Newton a right of entry to inspect, monitor, maintain, repair, and
reconstruct structural BMPs.
6) Allowing the City of Newton to recover from the association and its members any and all costs
the City of Newton expends to maintain or repair the structural BMPs or to correct any
operational deficiencies. Failure to pay the City of Newton all of its expended costs, after 45
days written notice, shall constitute a breach of the agreement. In case of a deficiency, the City
of Newton shall thereafter be entitled to bring an action against the association and its members
to pay, or foreclose upon the lien hereby authorized by the agreement against the property, or
both. Interest, collection costs, and attorney fees shall be added to the recovery.
7) A statement that this agreement shall not obligate the City of Newton to maintain or repair any
structural BMPs, and the City of Newton shall not be liable to any person for the condition or
operation of structural BMPs.
8) A statement that this agreement shall not in any way diminish, limit, or restrict the right of the
City of Newton to enforce any of its ordinances as authorized by law.
9) A provision indemnifying and holding harmless the City of Newton for any costs and injuries
arising from or related to the structural BMP, unless the City of Newton has agreed in writing to
assume the maintenance responsibility for the BMP and has accepted dedication of any and all
rights necessary to carry out that maintenance.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-25. - Inspection program.
Inspections and inspection programs by City of Newton may be conducted or established on any
reasonable basis, including but not limited to routine inspections; random inspections; inspections based
upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting
under environmental or safety laws. Inspections may include, but are not limited to, reviewing
maintenance and repair records; sampling discharges, surface water, groundwater, and material or water
in BMPs; and evaluating the condition of BMPs.
If the owner or occupant of any property refuses to permit such inspection, the stormwater
administrator shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2 or its
successor. No person shall obstruct, hamper or interfere with the stormwater administrator while carrying
out his or her official duties.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-26. - Performance security for installation and maintenance.
a) Shall be required. The City of Newton shall, at its discretion, require the submittal of a performance
security or bond with surety, cash escrow, letter of credit or other acceptable legal arrangement prior
to issuance of a permit in order to ensure that the structural BMPS are:
1) Installed by the permit holder as required by the approved stormwater management plan; and/or
2) Maintained by the owner as required by the operation and maintenance agreement amount.
a. Installation. The amount of an installation performance security shall be the total estimated
construction cost of the BMPs approved under the permit, plus 25 percent.
b. Maintenance. The amount of a maintenance performance security shall be the present
value of an annuity of perpetual duration based on a reasonable estimate of the annual
cost of inspection, operation and maintenance of the BMPs approved under the permit, at
a discount rate that reflects the jurisdiction's cost of borrowing minus a reasonable
estimate of long-term inflation.
b) Uses of performance security.
1) Forfeiture provisions. The performance security shall contain forfeiture provisions for failure,
after proper notice, to complete work within the time specified, or to initiate or maintain any
actions which may be required of the applicant or owner in accordance with this chapter,
approvals issued pursuant to this chapter, or an operation and maintenance agreement
established pursuant to this chapter.
2) Default. Upon default of the owner to construct, maintain, repair and, if necessary, reconstruct
any structural BMP in accordance with the applicable permit or operation and maintenance
agreement, the stormwater administrator shall obtain and use all or any portion of the security to
make necessary improvements based on an engineering estimate. Such expenditure of funds
shall only be made after requesting the owner to comply with the permit or maintenance
agreement. In the event of a default triggering the use of installation performance security, the
City of Newton shall not return any of the unused deposited cash funds or other security, which
shall be retained for maintenance.
3) Costs in excess of performance security. If City of Newton takes action upon such failure by the
applicant or owner, the City of Newton may collect from the applicant or owner the difference
between the amount of the reasonable cost of such action and the amount of the security held,
in addition to any other penalties or damages due.
4) Refund. Within 60 days of the final approval, the installation performance security shall be
refunded to the applicant or terminated, except any amount attributable to the cost (plus 25
percent) of landscaping installation and ongoing maintenance associated with the BMPs
covered by the security. Any such landscaping shall be inspected one year after installation with
replacement for compliance with the approved plans and specifications and, if in compliance,
the portion of the financial security attributable to landscaping shall be released.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-27. - Notice to owners.
a) Deed recordation and indications on plat. The applicable operations and maintenance agreement,
conservation easement, or dedication and acceptance into public maintenance, whichever is
applicable is applicable to every structural BMP shall be referenced on the final plat and shall be
recorded with the county register of deeds upon final plat approval. If no subdivision plat is recorded
for the site, then the operations and maintenance agreement, conservation easement, or dedication
and acceptance into public maintenance, whichever is applicable shall be recorded with the county
register of deeds so as to appear in the chain of title of all subsequent purchasers under generally
accepted searching principles.
b) Signage. To assure compliance with this chapter, structural BMPs shall be posted with a
conspicuous sign stating who is responsible for required maintenance and annual inspection. The
owner of the BMPs is to maintain the signage to insure visibility and legibility.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-28. - Records of installation and maintenance activities.
The owner of each structural BMP shall keep records of inspections, maintenance, and repairs for at
least five years from the date of creation of the record and shall submit the same upon request to the
stormwater administrator.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-29. - Nuisance.
The owner of each stormwater BMP, whether structural or non-structural BMP, shall maintain it so as
not to create or result in a nuisance condition.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-30. - Maintenance easement.
Every structural BMP installed pursuant to this chapter shall be made accessible for adequate
maintenance and repair by a maintenance easement. The easement shall be recorded and its terms shall
specify who may make use of the easement and for what purposes.
Ord. No. 2007.16, § 1, 6-19-2007)
ARTICLE V. - ENFORCEMENT AND VIOLATIONS
Sec. 87-31. - General.
a) Authority to enforce. The provisions of this chapter shall be enforced by the stormwater
administrator, his or her designee, or any authorized agent of City of Newton. Whenever this section
refers to the stormwater administrator, it includes his or her designee as well as any authorized
agent of the City of Newton.
b) Violation unlawful. Any failure to comply with an applicable requirement, prohibition, standard, or
limitation imposed by this chapter, or the terms or conditions of any permit or other development or
redevelopment approval or authorization granted pursuant to this chapter, is unlawful and shall
constitute a violation of this chapter.
c) Each day a separate offense. Each day that a violation continues shall constitute a separate offense.
d) Responsible persons/entities. Any person who erects, constructs, reconstructs, alters (whether
actively or passively), or fails to erect, construct, reconstruct, alter, repair or maintain any structure,
BMP, practice, or condition in violation of this chapter shall be subject to the remedies, penalties,
and/or enforcement actions in accordance with this section. Persons subject to the remedies and
penalties set forth herein may include any architect, engineer, builder, contractor, developer, agency,
or any other person who participates in, assists, directs, creates, causes, or maintains a condition
that results in or constitutes a violation of this chapter, or fails to take appropriate action, so that a
violation of this chapter results or persist; or an owner, any tenant or occupant, or any other person
who has control over, or responsibility for, the use or development of the property on which the
violation occurs.
For the purposes of this article, responsible person(s) shall include but not be limited to:
1) Person maintaining condition resulting in or constituting violation. An architect, engineer,
builder, contractor, developer, agency, or any other person who participates in, assists, directs,
creates, causes, or maintains a condition that constitutes a violation of this chapter, or fails to
take appropriate action, so that a violation of this chapter results or persists.
2) Responsibility for land or use of land. The owner of the land on which the violation occurs, any
tenant or occupant of the property, any person who is responsible for stormwater controls or
practices pursuant to a private agreement or public document, or any person, who has control
over, or responsibility for, the use, development or redevelopment of the property.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-32. - Remedies and penalties.
The remedies and penalties provided for violations of this chapter, whether civil or criminal, shall be
cumulative and in addition to any other remedy provided by law, and may be exercised in any order.
1) Remedies.
a. Withholding of certificate of occupancy. The stormwater administrator or other authorized
agent may refuse to issue a permanent certificate of occupancy for the building or other
improvements constructed or being constructed on the site and served by the stormwater
practices in question until the applicant or other responsible person has taken the remedial
measures set forth in the notice of violation or has otherwise cured the violations described
therein.
2) Disapproval of subsequent permits and development approvals. As long as a violation of
this chapter continues and remains uncorrected, the stormwater administrator or other
authorized agent may withhold, and the City of Newton and its boards and commissions
may disapprove, any request for permit or development approval.
3) Injunction, abatements, etc. The stormwater administrator, with the written authorization of the
city manager, may institute an action in a court of competent jurisdiction for a mandatory or
prohibitory injunction and order of abatement to correct a violation of this chapter. Any person
violating this chapter shall be subject to the full range of equitable remedies provided in the
General Statutes or at common law.
4) Correction as public health nuisance, costs as lien, etc. If the violation is deemed dangerous or
prejudicial to the public health or public safety and is within the geographic limits prescribed by
North Carolina G.S. § 160A-193, the stormwater administrator, with the written authorization of
the city manager, may cause the violation to be corrected and the costs to be assessed as a
lien against the property.
5) Stop work order. The stormwater administrator may issue a stop work order to the person(s)
violating this chapter. The stop work order shall remain in effect until the person has taken the
remedial measures set forth in the notice of violation or has otherwise cured the violation or
violations described therein. The stop work order may be withdrawn or modified to enable the
person to take the necessary remedial measures to cure such violation or violations.
b) Civil penalties. Violation of this chapter may subject the violator to a civil penalty to be recovered in a
civil action in the nature of a debt if the violator does not pay the penalty within 30 days after notice
of the violation is issued by the stormwater administrator. Civil penalties may be assessed up to the
full amount of penalty to which City of Newton is subject for violations of its Phase II stormwater
permit.
c) Criminal penalties. Violation of this chapter may be enforced as a misdemeanor subject to the
maximum fine permissible under North Carolina law.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-33. - Procedures.
a) Initiation/complaint. Whenever a violation of this chapter occurs, or is alleged to have occurred, any
person may file a written complaint. Such complaint shall state fully the alleged violation and the
basis thereof, and shall be filed with the stormwater administrator, who shall record the complaint.
The complaint shall be investigated promptly by the stormwater administrator.
b) Inspection. The stormwater administrator shall have the authority, upon presentation of proper
credentials, to enter and inspect any land, building, structure, or premises to ensure compliance with
this chapter.
c) Notice of violation and order to correct. When the stormwater administrator finds that any building,
structure, or land is in violation of this chapter, the stormwater administrator shall notify, in writing,
the property owner or other person violating this chapter. The notification shall indicate the nature of
the violation, contain the address or other description of the site upon which the violation is
occurring, order the necessary action to abate the violation, and give a deadline for correcting the
violation. If civil penalties are to be assessed, the notice of violation shall also contain a statem ent of
the civil penalties to be assessed, the time of their accrual, and the time within which they must be
paid or be subject to collection as a debt.
The stormwater administrator may deliver the notice of violation and correction order personally, by the
name of law enforcement or code enforcement personnel), by certified or registered mail, return receipt
requested, or by any means authorized for the service of documents by Rule 4 of the North Carolina
Rules of Civil Procedure.
If a violation is not corrected within a reasonable period of time, as provided in the notification, the
stormwater administrator may take appropriate action under this chapter to correct and abate the violation
and to ensure compliance with this chapter.
d) Extension of time. A person who receives a notice of violation and correction order, or the owner of
the land on which the violation occurs, may submit to the stormwater administrator a written request
for an extension of time for correction of the violation. On determining that the request includes
enough information to show that the violation cannot be corrected within the specified time limit for
reasons beyond the control of the person requesting the extension, the stormwater administrator
may extend the time limit as is reasonably necessary to allow timely correction of the violation, up to,
but not exceeding 30 days. The stormwater administrator may grant 15 day extensions in addition to
the foregoing extension if the violation cannot be corrected within the permitted time due to
circumstances beyond the control of the person violating this chapter. The stormwater administrator
may grant an extension only by written notice of extension. The notice of extension shall state the
date prior to which correction must be made, after which the violator will be subject to the penalties
described in the notice of violation and correction order.
e) Enforcement after time to correct. After the time has expired to correct a violation, including any
extension(s) if authorized by the stormwater administrator, the stormwater administrator shall
determine if the violation is corrected. If the violation is not corrected, the stormwater administrator
may act to impose one or more of the remedies and penalties authorized by this chapter.
f) Emergency enforcement. If delay in correcting a violation would seriously threaten the effective
enforcement of this chapter or pose an immediate danger to the public health, safety, or welfare,
then the stormwater administrator may order the immediate cessation of a violation. Any person so
ordered shall cease any violation immediately. The stormwater administrator may seek immediate
enforcement, without prior written notice, through any remedy or penalty authorized by this article.
Ord. No. 2007.16, § 1, 6-19-2007)
ARTICLE VI. - ILLICIT DISCHARGES
Sec. 87-34. - 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 substances, 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 craw space pumps;
13) Footing drains;
14) Lawn watering;
15) Residential and charity car washing;
16) Flows from riparian habitats and wetlands;
17) De-chlorinated swimming pool discharges;
18) Street wash water; and
19) Other non-stormwater 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 City of Newton.
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 was hing 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 owner or the person using said connection shall remove the connection within one year
following the effective date of this chapter. 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 may pose an immediate threat to
health and safety, or is likely to result in immediate injury and harm to real or personal
property, natural resources, wildlife, or habitat, or
b. Was made in violation of any applicable regulation or 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:
1) The quantity and complexity of the work;
2) The consequences of delay;
3) The 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 affected areas shall be restored to their pre-existing 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
City of Newton Fire Chief of the 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 of said spill or leak, nor shall such
notification relieve any person from other liability which may be imposed by state or other law.
d) Nuisance. Illicit discharge and illicit connections which exist within the city limits 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 in chapter 62 of the City of Newton City Code.
Ord. No. 2007.16, § 1, 6-19-2007)
Sec. 87-34. - 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 substances, 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 craw space pumps;
13) Footing drains;
14) Lawn watering;
15) Residential and charity car washing;
16) Flows from riparian habitats and wetlands;
17) De-chlorinated swimming pool discharges;
18) Street wash water; and
19) Other non-stormwater 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 City of Newton.
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 was hing 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 owner or the person using said connection shall remove the connection within one year
following the effective date of this chapter. 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 may pose an immediate threat to
health and safety, or is likely to result in immediate injury and harm to real or personal
property, natural resources, wildlife, or habitat, or
b. Was made in violation of any applicable regulation or 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:
1) The quantity and complexity of the work;
2) The consequences of delay;
3) The 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 affected areas shall be restored to their pre-existing 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
City of Newton Fire Chief of the 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 of said spill or leak, nor shall such
notification relieve any person from other liability which may be imposed by state or other law.
d) Nuisance. Illicit discharge and illicit connections which exist within the city limits 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 in chapter 62 of the City of Newton City Code.
Ord. No. 2007.16, § 1, 6-19-2007)

Audit Date(s): June 19, 2019 Page 14 of 25

Supporting Document 3:
City of Newton Administrative Manual for the Phase II Stormwater Ordinance

Audit Date(s): June 19, 2019 Page 15 of 25

Supporting Document 4:
City of Newton Stormwater Operation and Maintenance Plan

Audit Date(s): June 19, 2019 Page 16 of 25

Supporting Document 5:
City of Newton Soil Erosion and Sedimentation Control Ordinance (Chapter 82 of
City Code)

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(1)
(2)
Chapter 82 - SOIL EROSION AND SEDIMENTATION CONTROL

Sec. 82-1. - Title.
This chapter may be cited as the "City of Newton Soil Erosion and Sedimentation Control Ordinance."
(Code 1972, § 21A-1; Ord. No. 2000.30, § 1, 10-3-2000)
Sec. 82-2. - Purpose.
This chapter is adopted for the purposes of:
Regulating certain land disturbing activity to control accelerated erosion and sedimentation in order to
prevent the pollution of water and other damage to lakes, watercourses, and other public and private
property by sedimentation; and
Establishing procedures through which these purposes can be fulfilled.
(Code 1972, § 21A-2; Ord. No. 2000.30, § 2, 10-3-2000)
Sec. 82-3. - Denitions.
As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:
Accelerated erosion means any increase over the rate of natural erosion as a result of land disturbing activity.
Act means the North Carolina Sedimentation Pollution Control Act of 1973, G.S. 113A-50 et seq., and all rules and orders
adopted pursuant to it.
Adequate erosion control measure, structure, or device means one which controls the soil material within the land area
under responsible control of the person conducting the land disturbing activity.
Affiliate means a person that directly, or indirectly, through one or more intermediaries, controls, is controlled by, or is
under common control of another person.
State Law reference— Similar provisions, G.S. 113A-52(1a).
Authorized registered professional means a person registered, licensed, or certified pursuant to the North Carolina
General Statutes and authorized by law to prepare the analysis, plans and specifications, and provide the certifications
required by the various provisions of this chapter.
Bank means a mild to steep rise of land which borders and confines the flow of stormwaters or floodwaters and conveys
them to some downstream discharge point; not a financial institution.
Being conducted means a land disturbing activity has been initiated and permanent stabilization of the site has not been
completed.
Borrow means fill material which is required for on-site construction and is obtained from other locations.
Buffer means an area of natural or planted vegetation, or an area of such vegetation in conjunction with berms, fences,
or walls serving as a separation between two areas or land uses (see also buffer yard).
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Buffer yard means a linear strip of land combined with a vertical element such as plants, berms, fences, or walls, which
physically separates and screens incompatible land uses.
Buffer zone means the strip of land adjacent to a lake or natural watercourse.
Commission means the North Carolina Sedimentation Control Commission.
State Law reference— Similar provisions, G.S. 113A-52(2).
Completion of construction or development means that no further land disturbing activity is required on a phase of a
project except that which is necessary for establishing a permanent ground cover.
Department means the North Carolina Department of Environment and Natural Resources (NCDENR).
Developer means a person or persons undertaking any or all the activities covered by this chapter, or for whose benefit
such activities are commenced or carried on.
Development means any human change or alteration to the unimproved or improved state of land, including, but not
limited to changes or alteration to vegetation, soil, geology, hydrology, buildings or other structures for any residential,
commercial, industrial, utility, or other uses, including, but not limited to, all areas for vehicular access, circulation, and
parking and including, but not limited to, mining, dredging, filling, grading, paving, excavating and drilling operations and arty
subdivision of land.
Director means the Director of the Division of Land Resources of the North Carolina Department of Environment and
Natural Resources (NCDENR).
Discharge point means that point at which runoff leaves a tract of land.
District means the Catawba County Soil and Water Conservation District created pursuant to G.S. 139-1 et seq.
Energy dissipator means a structure or a shaped channel section with mechanical armoring placed at the outlet of pipes
or conduits to receive and break down the energy from high velocity flow.
Erosion means the wearing away of land surface by the action of wind, water, gravity, or any combination thereof.
Extraterritorial planning jurisdiction means the area outside of municipal corporate limits as prescribed in G.S. 160A-360.
Ground cover means any natural vegetative growth or other material which renders the soil surface stable against
accelerated erosion.
High quality water (HQW) zones means areas in the coastal counties that are within 575 feet of high quality waters and
for the remainder of the state areas that are within one mile and drain to HQWs.
High quality waters means those classified as such in 15A NCAC 2B.0101(e)(5), General Procedures, which is incorporated
herein by reference to include further amendments pursuant to G.S. 150B-14(c).
Lake or natural watercourse means any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway,
estuary, and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension,
and which could be damaged by accumulation of sediment.
Land disturbing activity means any use of the land by any person in residential, industrial, educational, institutional, or
commercial development, highway and road construction and maintenance that results in a change in the natural cover or
topography and that may cause or contribute to sedimentation.
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(2)
Local government means any county, incorporated village, town, or city, or any combination of counties, incorporated
villages, towns, and cities, acting through a joint program pursuant to the provisions of the Act.
Natural erosion means the wearing away of the earth's surface by water, wind, or other natural agents under natural
environmental conditions undisturbed by man.
Parent means an affiliate that directly, or indirectly, through one or more intermediaries, controls another person.
Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate,
commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity.
Person conducting land disturbing activity means any person as defined herein who may be held responsible for a
violation unless expressly provided otherwise by this chapter, the Act, or any order adopted pursuant to this chapter or the
Act.
Person responsible for the violation, as used in this chapter and G.S. 113A-64, means:
The developer or other person who has or holds himself out as having financial or operational control
over the land disturbing activity; or
The landowner or person as defined herein in possession or control of the land when he has directly or
indirectly allowed the land disturbing activity or has benefited from it or he has failed to comply with any
provision of this chapter, the Act, or any order adopted pursuant to this chapter or the Act as imposes a
duty upon him.
Phase of grading means one of two types of grading, rough or fine.
Plan means an erosion and sedimentation control plan.
Planning director/assistant city manager means the planning director/assistant city manager, or his staff member
delegated with the authority and responsibility to administer this chapter. Any act authorized by this chapter to be carried
out by the planning director/assistant city manager is, by implication, authorized to be carried out by his designee.
Sediment means solid particulate matter, both mineral and organic, that has been or is being transported by water, air,
gravity, or ice from its site of origin.
State Law reference— Similar provisions, G.S. 113A-52(10).
Sedimentation means the process by which sediment resulting from accelerated erosion has been or is being
transported off the site of the land disturbing activity or into a lake or natural watercourse.
Siltation means sediment resulting from accelerated erosion which is settleable or removable by properly designed,
constructed, and maintained control measures; and which has been transported from its point of origin within the site of a
land disturbing activity; and which has been deposited, or is in suspension in water.
Storm drainage facilities means the system of inlets, conduits, channels, ditches and appurtenances which serve to
collect and convey stormwater, through and from a given drainage area.
Stormwater runoff means the direct runoff of water resulting from precipitation in any form.
Subsidiary means an affiliate that is directly, or indirectly through one or more intermediaries, controlled by another
person.
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(1)
a.
b.
c.
d.
e.
f.
State Law reference— Similar provisions, G.S. 113A-52(10a).
Ten-year storm means the surface runoff resulting from a rainfall of an intensity expected to be equaled or exceeded, on
the average, once in ten years, and of a duration which will produce the maximum peak rate of runoff, for the watershed of
interest under average antecedent wetness conditions.
Tract means all contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardless of
ownership.
State Law reference— Similar provisions, G.S. 113A-52(10b).
25-year storm means the surface runoff resulting from a rainfall of an intensity expected to be equaled or exceeded, on
the average, once in 25 years, and of a duration which will produce the maximum peak rate of runoff, from the watershed of
interest under average antecedent wetness conditions.
Uncovered means the removal of ground cover from, on, or above the soil surface.
Undertaken means the initiating of any activity, or phase of activity, which results or will result in a change in the ground
cover or topography of a tract of land.
Velocity means the average velocity of flow through the cross section of the main channel at the peak flow of the storm
of interest. The cross section of the main channel shall be that area defined by the geometry of the channel plus the area of
flow below the flood height defined by vertical lines at the main channel banks. Overload flows are not to be included for the
purpose of computing velocity of flow.
Violation means the failure of a use, structure, or other development to comply with the regulations set forth in this
chapter. A use, structure, or other development without the elevation certification, other certifications, or other evidence of
compliance required is presumed to be in violation until such time as that documentation is provided.
Waste means surplus materials resulting from on-site construction and disposed of at other locations.
Working days means days exclusive of Saturday and Sunday during which weather conditions or soil conditions permit
land disturbing activity to be undertaken.
State Law reference— Similar provisions, G.S. 113A-52(11).
(Code 1972, § 21A-3; Ord. No. 2000.30, § 3, 10-3-2000)
Sec. 82-4. - Exclusions.
This chapter shall not apply to the following land disturbing activities:
Activities, including the breeding and grazing of livestock, undertaken on agricultural land for the
production of plants and animals useful to man, including, but not limited to:
Forages and sod crops, grains and feed crops, tobacco, cotton, and peanuts.
Dairy animals and dairy products.
Poultry and poultry products.
Livestock, including beef cattle, llamas, sheep, swine, horses, ponies, mules, and goats.
Bees and apiary products.
Fur producing animals.
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(2)
(3)
(4)
(5)
(6)
(a)
(b)
(c)
(1)
(2)
(3)
(4)
(5)
(6)
Activities undertaken on forest land for the production and harvesting of timber and timber products and co
accordance with best management practices set out in Forest Practice Guidelines Related to Water Quality, a
the North Carolina Department of Environment and Natural Resources. If land disturbing activity undertake
for the production and harvesting of timber and timber products is not conducted in accordance with Fores
Guidelines Related to Water Quality, the provisions of G.S. 113A-50 through 113A-66 shall apply to such activ
related land disturbing activity on the tract.
Activities for which a permit is required under the Mining Act of 1971, G.S. ch. 74, art. 7 (G.S. 74-46 et
seq.).
Land disturbing activity over which the state has exclusive regulatory jurisdiction as provided in G.S.
113A-56(a).
For the duration of an emergency, activities essential to protect human life.
Individual grave sites.
(Code 1972, § 21A-4; Ord. No. 2000.30, § 4, 10-3-2000)
Sec. 82-5. - General requirements.
Plan required. No person shall initiate any land disturbing activity, within the corporate limits or the
extraterritorial planning jurisdiction of the city, which uncovers more than one acre without having an erosion
control plan approved by the city. In cases where the applicant submitting the plan is not the owner of the
property, they must provide written consent from the owner to submit the plan.
Protection of property. Persons conducting land disturbing activity shall take all reasonable measures to
protect all public and private property from damage caused by such activity.
More restrictive rules shall apply. Whenever conflict exists between federal, state, or local laws, ordinances, or
rules, the more restrictive provision shall apply.
(Code 1972, § 21A-5; Ord. No. 2000.30, § 5, 10-3-2000; Ord. No. 2006.8, § 1, 3-22-2006)
Sec. 82-6. - Basic control objectives.
An erosion and sedimentation control plan may be disapproved pursuant to section 82-17 if the plan fails to address the
following control objectives:
Identify critical areas. On-site areas which are subject to severe erosion, and off-site areas which are
especially vulnerable to damage from erosion and/or sedimentation, are to be identified and receive
special attention.
Limit time of exposure. All land disturbing activity is to be planned and conducted to limit exposure to
the shortest feasible time.
Limit exposed areas. All land disturbing activity is to be planned and conducted to minimize the size of
the area to be exposed at any one time.
Control surface water. Surface water runoff originating upgrade of exposed areas should be controlled to
reduce erosion and sediment loss during the period of exposure.
Control sedimentation. All land disturbing activity is to be planned and conducted so as to prevent off-
site sedimentation damage.
Manage stormwater runoff. When the increase in the velocity of stormwater runoff resulting from a land
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(1)
a.
b.
(2)
(3)
(4)
(a)
(b)
(1)
disturbing activity is sufficient to cause accelerated erosion of the receiving watercourse, plans are to
include measures to control the velocity to the point of discharge so as to minimize accelerated erosion
of the site and increased sedimentation of the stream.
(Code 1972, § 21A-6; Ord. No. 2000.30, § 6, 10-3-2000)
Sec. 82-7. - Mandatory standards for land disturbing activity.
No land disturbing activity subject to the control of this chapter shall be undertaken except in accordance with the
following mandatory standards:
Buffer zone.
No land disturbing activity during periods of construction or improvement to land shall be
permitted in proximity to a lake or natural watercourse unless a buffer zone is provided along the
margin of the watercourse of sufficient width to confine visible siltation within the 25 percent of the
buffer zone nearest the land disturbing activity.
Unless otherwise provided, the width of a buffer zone is measured from the edge of the water to
the nearest edge of the disturbed area, with the 25 percent of the strip nearer the land disturbing
visible siltation.
Graded slopes and fills. The angle for graded slopes and fills shall be no greater than the angle which can
be retained by vegetative cover or other adequate erosion control devices or structures. In any event,
slopes left exposed will, within 21 calendar days of completion of any phase of grading, be planted or
otherwise provided with ground cover, devices, or structures sufficient to restrain erosion.
Ground cover. Whenever land disturbing activity is undertaken on a tract comprising more than one acre,
if more than one acre is uncovered, the person conducting the land disturbing activity shall install such
sedimentation and erosion control devices and practices as are sufficient to retain the sediment
generated by the land disturbing activity within the boundaries of the tract during construction upon and
development of said tract, and shall plant or otherwise provide a permanent ground cover sufficient to
restrain erosion after completion of construction or development. Except as provided in section 82-8(b)
(5), provisions for a ground cover sufficient to restrain erosion must be accomplished within 21 calendar
days following completion of construction or development, whichever period is shorter.
Prior plan approval. No person shall initiate any land disturbing activity on a tract if more than one acre is
to be uncovered unless, 30 or more days prior to initiating the activity, an erosion and sedimentation
control plan for such activity is filed with and approved by the city.
(Code 1972, § 21A-7; Ord. No. 2000.30, § 7, 10-3-2000; Ord. No. 2006.8, §§ 2, 3, 3-22-2006)
Sec. 82-8. - Design and performance standards.
Runoff. Except as provided in subsection (b)(2) of this section, erosion and sedimentation control measures,
structures, and devices shall be so planned, designed, and constructed as to provide protection from the
calculated maximum peak rate of runoff from the ten-year storm. Runoff rates shall be calculated using the
procedures in the USDA, Soil Conservation Service's "National Engineering Field Manual for Conservation
Practices," or other acceptable calculation procedures.
High quality water (HQW) zones. In high quality water (HQW) zones the following design standards shall apply:
Uncovered areas in HQW zones shall be limited at any time to a maximum total area within the
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(2)
(3)
(4)
(5)
(c)
(a)
(1)
(2)
(b)
boundaries of the tract of 20 acres. Only the portion of the land disturbing activity within a HQW zone
shall be governed by this section. Larger areas may be uncovered within the boundaries of the tract with
the written approval of the planning director/assistant city manager or his designee.
Erosion and sedimentation control measures, structures, and devices within HQW zones shall be so
planned, designed and constructed to provide protection from the runoff of the 25-year storm which
produces the maximum peak rate of runoff as calculated according to procedures in the United States
Department of Agriculture Soil Conservation Service's "National Engineering Field Manual for
Conservation Practices" or according to procedures adopted by any other agency of this state or the
United States or any generally recognized organization or association.
Sediment basins within HQW zones shall be designed and constructed such that the basin will have a
settling efficiency of at least 70 percent for the 40 micron (0.04 mm) size soil particle transported into the
basin by the runoff of that 25-year storm which produces the maximum peak rate of runoff as calculated
according to procedures in the United States Department of Agriculture Soil Conservation Service's
"National Engineering Field Manual for Conservation Practices" or according to procedures adopted by
any other agency of this state or the United States or any generally recognized organization or
association.
Newly constructed open channels in HQW zones shall be designed and constructed with side slopes no
steeper than two horizontal to one vertical if a vegetative cover is used for stabilization unless soil
conditions permit a steeper slope or where the slopes are stabilized by using mechanical devices,
structural devices or other acceptable ditch liners. In any event, the angle for side slopes shall be
sufficient to restrain accelerated erosion.
Ground cover sufficient to restrain erosion must be provided for any portion of a land disturbing activity
in a HQW zone within 15 working days or 60 calendar days following completion of construction or
development, whichever period is shorter.
Fill material. Unless a permit from the North Carolina Department of Environment and Natural Resources,
Division of Solid Waste Management, to operate a landfill is on file for the affected site, acceptable fill material
shall be free of organic or other degradable materials, masonry, concrete, and brick, in sizes exceeding 12
inches, and any materials which would cause the site to be regulated as a landfill by the state.
(Code 1972, § 21A-8; Ord. No. 2000.30, § 8, 10-3-2000)
Sec. 82-9. - Stormwater outlet protection.
Generally. Persons shall conduct land disturbing activity so that the post-construction velocity of the ten-year
storm runoff in the receiving watercourse to the discharge point does not exceed the greater of:
The velocity established by the table in subsection (d) of this section; or
The velocity of the ten-year storm runoff in the receiving watercourse prior to development.
If conditions of subsection (b)(1) or (b)(2) of this section cannot be met, then the receiving watercourse to and
including the discharge point shall be designed and constructed to withstand the expected velocity anywhere the
velocity exceeds the "prior to development" velocity by ten percent.
Acceptable management measures. Measures applied alone or in combination to satisfy the intent of this
section are acceptable if there are no objectionable secondary consequences. The city recognizes that the
management of stormwater runoff to minimize or control downstream channel and bank erosion is a
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(1)
(2)
(3)
(4)
(c)
(d)
developing technology. Innovative techniques and ideas will be considered and may be used when shown to
have the potential to produce successful results. Some alternatives are to:
Avoid increases in surface runoff volume and velocity by including measures to promote infiltration to
compensate for increased runoff from areas rendered impervious,
Avoid increases in stormwater discharge velocities by using vegetated or roughened swales and
waterways in lieu of closed drains and high velocity paved sections,
Provide energy dissipators at outlets of storm drainage facilities to reduce flow velocities to the point of
discharge. These may range from simple rip-rapped sections to complex structures,
Protect watercourses subject to accelerated erosion by improving cross sections and/or providing
erosion resistant lining.
Exceptions. This rule shall not apply where it can be demonstrated that stormwater discharge velocities will
not create an erosion problem in the receiving watercourse.
Maximum discharge velocity. The following is a table for maximum permissible velocity for stormwater
discharges:
Maximum
Permissible Velocities
Material F.P.S.M.P.S.
Fine sand
(noncolloidal)
2.5 0.8
Sandy loam
(noncolloidal)
2.5 0.8
Silt loam
(noncolloidal)
3.0 0.9
Ordinary
rm loam
3.5 1.1
Fine gravel 5.0 1.5
Sti clay
(very
colloidal)
5.0 1.5
Graded,
loam to
cobbles
(noncolloidal)
5.0 1.5
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Graded, silt
to cobbles
(colloidal)
5.5 1.7
Alluvial silts
(noncolloidal)
3.5 1.1
Alluvial silts
(colloidal)
5.0 1.5
Coarse
gravel
(noncolloidal)
6.0 1.8
Cobbles and
shingles
5.5 1.7
Shales and
hard pans
6.0 1.8

Source: Adapted from recommendations by Special Committee on Irrigation Research, American Society of Civil
Engineers, 1926, for channels with straight alignment. For sinuous channels, multiply allowable velocity by 0.95
for slightly sinuous, by 0.9 for moderately sinuous channels, and by 0.8 for highly sinuous channels.
(Code 1972, § 21A-9; Ord. No. 2000.30, § 9, 10-3-2000)
Sec. 82-10. - Borrow and waste areas.
When the person conducting the land disturbing activity is also the person conducting the borrow or waste disposal
activity, areas from which borrow is obtained and which are not regulated by the provisions of the Mining Act of 1971, G.S.
74-46 et seq., and waste areas for surplus materials other than landfills regulated by the department's division of solid waste
management shall be considered as part of the land disturbing activity where the borrow material is being used or from
which the waste material originated. When the person conducting the land disturbing activity is not the person obtaining the
borrow and/or disposing of the waste, these areas shall be considered a separate land disturbing activity.
(Code 1972, § 21A-10; Ord. No. 2000.30, § 10, 10-3-2000)
Sec. 82-11. - Access and haul roads.
Temporary access and haul roads, other than public roads, constructed or used in connection with any land disturbing
activity shall be considered a part of such activity.
(Code 1972, § 21A-11; Ord. No. 2000.30, § 11, 10-3-2000)
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(a)
(b)
(c)
(d)
Sec. 82-12. - Operations in lakes or natural watercourses.
Land disturbing activity in connection with construction in, on, over, or under a lake or natural watercourse shall be
planned and conducted in such a manner as to minimize the extent and duration of disturbance of the stream channel. The
relocation of a stream, where relocation is an essential part of the proposed activity, shall be planned and executed so as to
minimize changes in the stream flow characteristics, except when justification for significant alteration to flow characteristic
is provided.
(Code 1972, § 21A-12; Ord. No. 2000.30, § 12, 10-3-2000)
Sec. 82-13. - Responsibility for installation and maintenance of control measures.
During the development of a site, the person conducting the land disturbing activity shall install and maintain all
temporary and permanent erosion and sedimentation control measures as required by the approved plan or any provision
of this chapter, the Act, or any order adopted pursuant to this chapter or the Act. After site development, the landowner or
person in possession or control of the land shall install and/or maintain all necessary permanent erosion and sediment
control measures, except those measures installed within a road or street right-of-way or easement accepted for
maintenance by a governmental agency.
(Code 1972, § 21A-13; Ord. No. 2000.30, § 13, 10-3-2000)
Sec. 82-14. - Authority to require additional protective action.
Whenever the city determines that significant sedimentation is occurring as a result of land disturbing activity, despite
application and maintenance of protective practices, the person conducting the land disturbing activity will be required to
and shall take additional protective action.
(Code 1972, § 21A-14; Ord. No. 2000.30, § 14, 10-3-2000)
Sec. 82-15. - Existing uncovered areas.
All uncovered areas existing on the effective date of the ordinance from which this chapter is derived which
resulted from land disturbing activity, exceed one acre, are subject to continued accelerated erosion, and are
causing off-site damage from sedimentation shall be provided with a ground cover or other protective
measures, structures, or devices sufficient to restrain accelerated erosion and control off-site sedimentation.
The city will serve upon the landowner or other person in possession or control of the land a written notice of
violation by registered or certified mail, return receipt requested, or other means reasonably calculated to give
actual notice. The notice will set forth the measures needed to comply and will state the time within which
such measures must be completed. In determining the measures required and the time allowed for
compliance, the authority serving notice shall take into consideration the economic feasibility, technology, and
quantity of work required, and shall set reasonable and attainable time limits of compliance.
The city reserves the right to require preparation and approval of an erosion control plan in any instance
where extensive control measures are required.
This rule shall not require ground cover on cleared land forming the future basin of a planned reservoir.
(Code 1972, § 21A-15; Ord. No. 2000.30, § 15, 10-3-2000)
Sec. 82-16. - Permits.
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(a)
(1)
(2)
(3)
(b)
(a)
(b)
(c)
(d)
(e)
No person shall undertake any land disturbing activity subject to this chapter without first obtaining a permit
therefor from the city, except that no permit shall be required for any land disturbing activity:
For the purpose of fighting fires; or
For the stockpiling of raw or processed sand, stone, or gravel in material processing plants and storage
yards, provided that sediment control measures have been utilized to protect against off-site damage; or
That does not exceed 20,000 square feet in surface area. In determining the area, lands under one or
diverse ownership being developed as a unit will be aggregated. (Note: This exclusion from permits
should allow land disturbing activities for construction of a single-family residence on a single lot, but
may not exceed one acre.)
Permit fees shall be established in the schedule of fees and charges as adopted by the council and amended
from time to time as necessary.
(Code 1972, § 21A-16; Ord. No. 2000.30, § 16, 10-3-2000; Ord. No. 2002.31, 8-21-2002)
Sec. 82-17. - Erosion and sedimentation control plans.
An erosion control plan shall be prepared for all land disturbing activities subject to this chapter whenever the
proposed activity is to be undertaken on a tract comprising more than one acre, if more than one acre is to be
uncovered. The plan shall be filed with the city and a copy shall be simultaneously submitted to the soil and
water conservation district, at least 30 days prior to the commencement of the proposed activity.
Persons conducting land disturbing activity on a tract which covers one or more acres shall file two copies of
the erosion control plan with the city at least 30 days prior to beginning such activity and shall keep another
copy of the plan on file at the job site. After approving the plan, if, the city, either upon review of such plan or
on inspection of the job site, determines that a significant risk of accelerated erosion or off-site sedimentation
exists, the city will require a revised plan. Pending the preparation of the revised plan, work shall cease or shall
continue under conditions outlined by the appropriate authority.
Erosion control plans may be disapproved unless accompanied by an authorized statement of financial
responsibility and ownership. This statement shall be signed by the person financially responsible for the land
disturbing activity or his attorney in fact. The statement shall include the mailing and street addresses of the
principal place of business of the person financially responsible and of the owner of the land or their
registered agents. If the person financially responsible is not a resident of North Carolina, a North Carolina
agent must be designated in the statement for the purpose of receiving notice of compliance or
noncompliance with the plan, the Act, this chapter, or rules or orders adopted or issued to this chapter.
The Catawba County Soil and Water Conservation District shall review the plan and submit any comments and
recommendations to the city within 20 days after the soil and water conservation district received the erosion
control plan, or within any shorter period of time as may be agreed upon by the soil and water conservation
district and the city. Failure of conservation district to submit its comments and recommendations within 20
days or within any agreed upon shorter period of time shall not delay final action on the plan.
The city will review each complete plan submitted to it and within 30 days of receipt thereof will notify the
person submitting the plan that it has been approved, approved with modifications, approved with
performance reservations, or disapproved. Failure to approve, approve with modifications, or disapprove a
complete erosion and sedimentation control plan within 30 days of receipt shall be deemed approval.
Disapproval of a plan must specifically state in writing the reasons for disapproval. The city must approve,
disapprove with modifications, or disapprove a revised plan within 15 days of receipt, or it is deemed to be
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(f)
(g)
(h)
(1)
(2)
(3)
(4)
(i)
(j)
(k)
(a)
(1)
approved. If, following commencement of a land disturbing activity pursuant to an approved plan, the city
determines that the plan is inadequate to meet the requirements of this chapter, the city may require any
revision of the plan that is necessary to comply with this chapter. Failure to approve, approve with
modifications, or disapprove a revised erosion control plan within 15 days of receipt shall be deemed approval
of the plan. The city may establish an expiration date for erosion control plans approved under this chapter.
Any plan submitted for a land disturbing activity for which an environmental document is required by the
North Carolina Environmental Policy Act (G.S. 113A-1 et seq.) shall be deemed incomplete until a complete
environmental document is available for review. The city shall promptly notify the person submitting the plan
that the 30-day time limit for review of the plan pursuant to subsection (e) of this section shall not begin until a
complete environmental document is available for review.
The plan required by this section shall contain architectural and engineering drawings, maps, assumptions,
calculations, and narrative statements as needed to adequately describe the proposed development of the
tract and the measures planned to comply with the requirements of this chapter. Plan content may vary to
meet the needs of specific site requirements. Detailed guidelines for plan preparation may be obtained from
the city on request.
The city may disapprove an erosion control plan upon a finding that an applicant, or a parent, subsidiary, or
other affiliate of the applicant:
Is conducting or has conducted land disturbing activity without an approved plan, or has received notice
of violation of a plan previously approved by the commission or a local government pursuant to the Act
and has not complied with the notice within the time specified in the notice;
Has failed to pay a civil penalty assessed pursuant to the Act or a local ordinance adopted pursuant to
the Act by the time the payment is due;
Has been convicted of a misdemeanor pursuant to G.S. 113A-64(b) or any criminal provision of a local
ordinance adopted pursuant to the Act; or
Has failed to substantially comply with state rules or local ordinances and regulations adopted pursuant
to the Act. For purposes of this subsection (h) an applicant's record may be considered for only the two
years prior to the application date.
Applications for amendment of an erosion control plan in written and/or graphic form may be made at any
time under the same conditions as the original application. Until such time as said amendment is approved by
the city, the land disturbing activity shall not proceed except in accordance with the erosion control plan as
originally approved.
Any person engaged in land disturbing activity who fails to file a plan in accordance with this chapter, or who
conducts a land disturbing activity except in accordance with provisions of an approved plan, shall be deemed
in violation of this chapter.
The approval of an erosion control plan is conditioned on the applicant's compliance with federal and state
water quality laws, regulations, and rules.
(Code 1972, § 21A-17; Ord. No. 2000.30, § 17, 10-3-2000)
Sec. 82-18. - Appeals.
Except as provided in subsection (b) of this section, the appeal of a disapproval or approval with modifications
of a plan shall be governed by the following provisions:
The disapproval or approval with modifications of an erosion control plan by the city shall entitle the
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(2)
(3)
(4)
(5)
(b)
(a)
(b)
(c)
(d)
applicant to a public hearing, if the applicant submits to the planning director/assistant city manager a
written demand for a hearing within 15 days after receipt of written notice of the disapproval or
modification.
Hearings held pursuant to this section shall be conducted by the city's erosion control plan review
committee, composed of the city manager or his designee, the planning director/assistant city manager,
the code enforcement officer, and the city public works/utilities director. A written demand for the
hearing shall be made to the planning director/assistant city manager. The hearing shall be held within
ten days after the receipt of a request for a hearing.
The erosion control plan review committee shall make recommendations to the city council within ten
days after the date of the hearing on any formal plan.
The city council shall render its final decision on any plan upon which a hearing has been requested
within 15 days of receipt of the recommendations from the erosion control plan review committee
conducting the hearing.
The applicant shall have 15 days following the final decision by the city council to appeal that decision to
the North Carolina Sedimentation Control Commission (NCSC commission) pursuant to G.S. 113A-61 and
title 15, NCAC 4B.00 1 8 (d).
In the event that an erosion control plan is disapproved pursuant to section 82-17(h), the city shall notify the
director of the division of land resources of such disapproval within ten days. The city shall advise the
applicant and the director in writing as to the specific reasons that the plan was disapproved. The applicant
may appeal the city disapproval of the plan pursuant to section 82-17(h) directly to the commission.
(Code 1972, § 21A-18; Ord. No. 2000.30, § 18, 10-3-2000; Ord. No. 2002.31, 8-21-2002)
Sec. 82-19. - Inspections and investigations.
Agents, officials or other qualified persons authorized by the city will periodically inspect land disturbing
activities to ensure compliance with the Act, this chapter, or rules or orders adopted or issued pursuant to this
chapter, and to determine whether the measures required in the plan are effective in controlling erosion and
sediment resulting from land disturbing activity. Notice of the right to inspect shall be included in the
certificate of approval of each erosion control plan.
No person shall willfully resist, delay, or obstruct an authorized representative, employee, or agent of the city
while that person is inspecting or attempting to inspect a land disturbing activity under this section.
If, it is determined that a person engaged in land disturbing activity has failed to comply with the Act, this
chapter, or rules, or orders adopted or issued pursuant to this chapter, a notice of violation shall be served
upon that person. The notice may be served by any means authorized under G.S. 1A-1, Rule 4. The notice shall
specify a date by which the person must comply with the Act, or this chapter, or rules, or orders adopted
pursuant to this chapter, and inform the person of the actions that need to be taken to comply with the Act,
this chapter, or rules or orders adopted pursuant to this chapter. However, no time period for compliance
need be given for failure to submit an erosion control plan for approval or for obstructing, hampering or
interfering with an authorized representative while in the process of carrying out his official duties. Any person
who fails to comply within the time specified is subject to the civil and criminal penalties provided in this
chapter.
The city shall have the power to conduct such investigation as it may reasonably deem necessary to carry out
its duties as prescribed in this chapter for this purpose to enter upon any property, public or private for the
purpose of investigating and inspecting the sites of any land disturbing activity.
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(e)
(a)
(1)
(2)
(3)
(4)
(b)
The city shall also have the power to require written statements, or the filing of reports under oath, with respect t
questions relating to land disturbing activity.
(Code 1972, § 21A-19; Ord. No. 2000.30, § 19, 10-3-2000)
Sec. 82-20. - Penalties.
Civil penalties.
Any person who violates any of the provisions of this chapter, or rules or orders adopted or issued
pursuant to this chapter, or who initiates or continues a land disturbing activity for which an erosion
control plan is required except in accordance with the terms, conditions, and provisions of an approved
plan, is subject to a civil penalty. The maximum civil penalty for a violation, other than a violation of a
stop-work order issued under G.S. 113A-65.1, is $5,000.00. The maximum civil penalty for a violation of a
stop-work order is $5,000.00. No penalty shall be assessed until the person alleged to be in violation has
been notified of the violation as provided in section 82-19. If, after the allotted time period has expired,
the violator has not completed corrective action, a civil penalty may be assessed from the date of service
of the notice of violation. In addition, the city may assess a person a one-time civil penalty of up to
$5,000.00 for the day the violation is first detected. However, no time period for compliance need be
given for failure to submit an erosion control plan for approval or for obstructing, hampering or
interfering with an authorized representative while in the process of carrying out his official duties. Each
day of continuing violation shall constitute a separate violation.
The city council shall determine the amount of the civil penalty to be assessed under this subsection and
shall notify the person who is assessed the civil penalty of the amount of the penalty and the reason for
assessing the penalty. In determining the amount of the penalty, the council shall consider the degree
and extent of harm caused by the violation and the cost of rectifying the damage, the amount of money
the violator saved by noncompliance, whether the violation was committed willfully, and the prior record
of the violator in complying or failing to comply with this chapter. The notice of assessment shall be
served by any means authorized under section 82-19, and shall direct the violator to either pay the
assessment or contest the assessment, within 30 days after receipt of the notice of assessment, by filing
written demand for a contested case in the office of administrative hearings in accordance with G.S. ch.
150B, art. 3. A hearing on the amount of civil penalty shall be conducted by the office of administrative
hearings and it shall make its recommendation to the council of the city. The city council shall render its
final decision on the civil penalty in accordance with G.S. ch. 150B, arts. 3 and 4. Appeal from the final
decision of the council shall be to the Superior Court of Catawba County. Such appeals must be made
within 30 days of the final decision of the city council.
If payment is not received within 30 days after demand for payment is made, the city may institute a civil
action to recover the amount of the assessment. The civil action may be brought in the Superior Court of
Catawba County or the county where violator's residence or principal place of business is located. Such
civil actions must be filed within three years of the date the assessment was due. An assessment that is
not contested is due when the violator is served with a notice of assessment. An assessment that is
contested is due at the conclusion of the administrative and judicial review of the assessment.
Civil penalties collected pursuant to this chapter shall be credited to the civil penalty and forfeiture fund.
Criminal penalties. Any person who knowingly or willfully violates any provision of this chapter, or rule or
order adopted or issued pursuant to this chapter, or who knowingly or willfully initiates or continues a land
disturbing activity for which an erosion control plan is required except in accordance with the terms,
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(a)
(b)
conditions, and provisions of an approved plan, shall be guilty of a Class 2 misdemeanor which may include a
fine not to exceed $5,000.00.
(Code 1972, § 21A-20; Ord. No. 2000.30, § 20, 10-3-2000; Ord. No. 2002.31, 8-21-2002; Ord. No. 2011-9, §§ 1, 2, 4-5-2011)
Sec. 82-21. - Injunctive relief.
Whenever the council has reasonable cause to believe that any person is violating or threatening to violate this
chapter or any rule or order adopted or issued pursuant to this chapter, or any term, condition, or provision of
an approved erosion control plan, it may, either before or after the institution of any other action or
proceeding authorized by this chapter, institute a civil action in the name of the city for injunctive relief to
restrain the violation or threatened violation. The action shall be brought in the Superior Court of Catawba
County.
Upon determination by a court that an alleged violation is occurring or is threatened, the court shall enter any
order or judgment that is necessary to abate the violation, to ensure that restoration is performed, or to
prevent the threatened violation. The institution of an action for injunctive relief under this section shall not
relieve any party to the proceedings from any civil or criminal penalty prescribed for violations of this chapter.
(Code 1972, § 21A-21; Ord. No. 2000.30, § 21, 10-3-2000; Ord. No. 2002.31, 8-21-2002)
Sec. 82-22. - Restoration of areas aected by failure to comply.
The city may require a person who engaged in a land disturbing activity and failed to retain sediment generated by the
activity, as required by G.S. 113A-57(3), to restore the waters and land affected by the failure so as to minimize the
detrimental effects of the resulting pollution by sedimentation. This authority is in addition to any other civil or criminal
penalty or injunctive relief authorized under this chapter.
(Code 1972, § 21A-22; Ord. No. 2000.30, § 22, 10-3-2000)

Audit Date(s): June 19, 2019 Page 17 of 25

Supporting Document 6:
Soil Erosion and Sediment Control Approval Letter

CITY OF NEWTON Planning Department
P.O. Box 550 · Newton, N.C. 28658 · phone [phone] · fax [phone]

March 18, 2019

Miles Wright
Wright & Associates
209 1st Avenue South
Conover, NC 28613

LETTER OF APPROVAL
Project Name: Moore’s Investment Mini-storage
Location: Hwy 16 south of West 20th Street
Submitted By: Miles Wright with Wright and Associates on behalf Moores
Investments of North Carolina, LLC.
Date Received: March 18, 2019
Submittal: New ( ) Revised ( x )
River Basin: Catawba River
Acres Approved: 5.63 acres

Dear Mr. Wright,

This office has reviewed the subject erosion and sedimentation control plan and
hereby issues this Letter of Approval. This plan approval shall expire three (3)
years following the date of approval, if no land-disturbing activity has been
undertaken, as is required by Title 15A NCAC 4B .0129. Should the plan not
perform adequately, a revised plan will be required (G.S. 113A-54.1)(b).

Please be advised that Title 15A NCAC 4B.0118(a) requires that a copy of the
approved erosion control plan be on file at the job site. Also, you should consider
this letter to give the notice required by G.S. 113A-61.1(a) of our right of periodic
inspection to insure compliance with the approved plan.

North Carolina's Sedimentation Pollution Control Program is performance-
oriented, requiring protection of existing natural resources and adjoining
properties. If, following the commencement of this project, it is determined that
the erosion and sedimentation control plan is inadequate to meet the requirements
of the Sedimentation Pollution Control Act of 1973 (North Carolina General
Statute 113A-51 thru 66), this office may require revisions to the plan and
implementation of the revisions to insure compliance with the Act.
Acceptance and approval of this plan is conditioned upon your compliance with
Federal and State water quality laws, regulations, and rules. In addition, local city
or county ordinances or rules may also apply to this land-disturbing activity. This
approval does not supersede any other permit or approval.

Please be aware that your project will be covered by the enclosed NPDES General Stormwater
Permit NCGO1000 (Construction Activities). You should first become familiar with all of the
requirements for compliance with the enclosed general permit.

Please note that this approval is based in part on the accuracy of the information provided in the
Financial Responsibility Form, which you have provided. You are requested to file an amended
form if there is any change in the information included on the form. In addition, it would be
helpful if you notify this office of the proposed starting date for this project. Please contact us to
schedule a preconstruction conference.

Your cooperation is appreciated.

Sincerely,

Alex Fulbright
Assistant Planning Director

Enclosures: Certificate of Approval
NPDES Permit & self-inspection forms

Page 2 of 16

TABLE OF CONTENTS

Page
SECTION I - COVERAGE UNDER THE GENERAL PERMIT. . . . . . . . . . . . . . . . . . . . 3

SECTION II – STORMWATER POLLUTION PREVENTION REQUIREMENTS . . . 4
Section II.A. - Stormwater Pollution Prevention Requirements in the E&SC Plan . . . . . . . . . 4
Section II.B. - Stormwater Pollution Prevention Requirements in the Construction GP . . . . . . 5
Section II.B.1. - Construction Site Pollutants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section II.B. 2 - Ground Stabilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section II.B. 3. - Self Inspection and Reporting Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section II.B.4. - Sediment Basins . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section II.B.5. -Discharges to Special or Threatened Waters . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

SECTION III – FRAMEWORK OF PERMIT COVERAGE . . . . . . . . . . . . . . . . . . . . . . . . 8

SECTION IV – OPERATION AND MAINTENANCE OF POLLUTION CONTROLS . 10

SECTION V – PERMIT ADMINISTRATION AND COMPLIANCE ISSUES . . . . . . . . .11

SECTION VI – DISCHARGE MONITORING AND TURBIDITY LIMITATIONS . . . . 15

SECTION VII – DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

SECTION VIII – DIVISION OF WATER QUALITY CONTACTS . . . . . . . . . . . . . . . . . . 16

Page 3 of 16

SECTION I
COVERAGE UNDER THE GENERAL PERMIT

Until this State of North Carolina General Permit expires or is modified or revoked, the permittee is
authorized to discharge stormwater in accordance with the terms and conditions of this permit and in
accordance with an approved Erosion and Sedimentation Control Plan by the North Carolina Division
of Land Resources, Land Quality Section, or a delegated local program under the provisions and
requirements of North Carolina General Statutes in Article 4 of Chapter 113A to the surface waters of
North Carolina or to a separate storm sewer system. The permit, along with state statutes (N.C.G.S.
143-215.1) and rules (NCAC 2H .0100) relating to stormwater permitting are designed to work
together to assure compliance with the NPDES requirements of the Clean Water Act. Furthermore,
North Carolina rules in Title 15A NCAC 2H .0126 adopt by reference the federal stormwater
permitting requirements.

Any other point source discharge to surface waters of the state is prohibited unless covered by another
permit, authorization or approval. The discharges allowed by this General Permit shall not cause or
contribute to violations of North Carolina Water Quality Standards for surface waters and wetlands (15A
NCAC 2B .0200). Discharges allowed by this permit must meet all applicable water quality certification or
permit requirements as outlined in 15A NCAC 2H .0500 and 2H .1300. This permit does not relieve the
permittee from responsibility for compliance with any other applicable federal, state, or local law, rule,
standard, ordinance, order, judgment, or decree.

This General Permit is applicable to point source discharges from construction activities disturbing
one or more acres of land. The application to the Division of Land Resources or a delegated local
program for approval of a local Erosion and Sedimentation Control Plan (E&SC Plan) shall be considered
to take the place of a Notice of Intent for coverage under this General Permit for those projects requiring
this Permit coverage. Coverage under this General Permit shall become effective upon issuance of an
approval for the E&SC Plan by the Division of Land Resources or delegated local program that includes
the following:
a. Designation on the plans where the specific ground stabilization requirements apply as per Section
II.B.2 of this permit.
b. Designs of basins with surface withdrawal as per Section II.B.4 of this permit.

Prior to the commencement of construction and land disturbing activities, approval of the E&SC Plan shall
be obtained.

This General Permit revision reflects changes made in the federal regulations effective February 1,
2010. The federal regulations were a result of litigation that mandated that construction activities over a
certain size must contain additional specifications that would result in reduced wastes and sediment
loading reaching the nation’s waters. The Division of Water Quality and the Division of Land Resources
established a Construction General Permit Technical Advisory Group (CTAG) to provide them guidance
in developing the permit. The CTAG was comprised of 14 members who represented a broad range of
environmental, regulatory, government and development interests. A Draft Construction General Permit
was prepared and made available for review on May 13, 2011. A public meeting was held on June7th.
This permit reflects the input received during the twelve- month development process.

Any owner or operator not wishing to be covered or limited by this General Permit may apply for an
individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .0100, stating the
reasons supporting the request. Any application for an individual permit should be made at least 180 days
prior to the time the permit is needed unless waived, by the Director.

This General Permit does not cover activities or discharges covered by an individual NPDES permit until
the individual permit has expired or has been rescinded. Any person conducting an activity covered by an

Page 4 of 16

individual permit but which could be covered by this General Permit may request that the individual
permit be rescinded and coverage under this General Permit be provided.

The Division of Water Quality partners with the Division of Land Resources to implement a complete
program for construction site coverage that includes state sedimentation control and NPDES
stormwater control. The Division of Land Resources implements their control programs through an
Erosion and Sedimentation Control Plan (E&SC Plan) issued for each construction site in the state
disturbing one or more acres of land. An E&SC Plan is required for each site by the Division of Land
Resources or a delegated local government program. The NPDES Construction Stormwater permit
(NCG010000) is attached to Erosion and Sedimentation Control Plan approvals. The permittee is
responsible for abiding by the conditions of both of these documents.

The Sedimentation Pollution Control Act of 1973 places a duty upon the Sedimentation Control
Commission to “develop recommended methods of control of sedimentation and prepare and make
available for distribution publications and other materials dealing with sedimentation control techniques
appropriate for use by persons engaged in land-disturbing activities.” The Sedimentation Control
Commission and the Division of Land Resources have adopted the North Carolina Erosion and Sediment
Control Planning and Design Manual as the document to provide that guidance for use at all constructions
sites in the state. The individual Erosion and Sedimentation Control Plans are developed based on this
guidance and become a condition of the Division of Water Quality’s Construction Stormwater General
Permit. As provided in this permit, “deviation from the approved E&SC Plan, or approved amendment to
that plan, shall constitute a violation of the terms and conditions of this general permit.”

SECTION II
STORMWATER POLLUTION PREVENTION REQUIREMENTS

The State construction-related stormwater pollution prevention program provides for: (a) identification
of the potential sources of stormwater pollution at the individual construction site; (b) description of
the stormwater control measures to reduce or eliminate pollutants in stormwater discharges from the
construction site; and (c) identification of the procedures the operator will implement to comply with
the terms and conditions of this general permit and the Erosion and Sedimentation Control Plan
(E&SC Plan). In North Carolina, the approved Erosion and Sedimentation Control Plan for the site,
and the NCG01 Construction General Permit are considered the Stormwater Pollution Prevention
Plan (SWPPP) for that site. These two documents, and any specifically-added water quality
conditions for that site, contain the provisions necessary to meet the federal regulatory requirements of
the NPDES program including provisions implementing the Effluent Limitations Guidelines effective
at the time of this permit.

SECTION II.A. - STORMWATER POLLUTION PREVENTION REQUIREMENTS
IN THE EROSION AND SEDIMENTATION CONTROL PLAN

The Erosion and Sedimentation Control program is mandated and funded according to state statutes.
The majority of the technology-based requirements needed to satisfy the federal stormwater pollution
prevention specifications are addressed in the approved E&SC Plan. Each applicant for an E&SC Plan
approval is required to comply with a “checklist” of over 50 site-specific conditions*. The categories
of these conditions include:
1) location information,
2) site features,
3) control measures,
4) drainage features,
5) stormwater calculations,
6) stabilization,
7) ownership information and
8) construction sequencing.

Page 5 of 16

*The individual requirements to be addressed in each E&SC Plan application can be found at
http://portal.ncdenr.org/web/lr/erosion . See “Plan check list for designers.”

SECTION II.B. - STORMWATER POLLUTION PREVENTION REQUIREMENTS IN THE
NC CONSTRUCTION GENERAL PERMIT

In addition to the stormwater pollution prevention controls found in the E&SC Plan, this Construction
General Permit contains additional conditions that must be met in order to comply with the NPDES
program requirements. They are as follows:

1) Construction Site Pollutants
Permittee must manage activities on the site such that water quality standards are not violated from site
activities or allowed discharges. In addition to stream pollution from sediment discharge, other
activities on construction and development sites can result in pollutants reaching the state’s waters.
EPA has prepared guidance documents that provide best management practices that address many
activities. See http://cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cfm?action=min_measure&min_measure_id=4

The following activities, and others on a site-specific basis, require oversight throughout the
construction and development process to assure that all water quality standards are protected:
a) Equipment Operation and Maintenance - Equipment utilized during the construction activity on
a site must be operated and maintained in such a manner as to prevent the potential or actual
pollution of the surface or ground waters of the state. Fuels, lubricants, coolants, and hydraulic
fluids, or any other petroleum products, shall not be discharged onto the ground or into surface
waters. Spent fluids shall be cleaned up and disposed of in a manner so as not to enter the
waters, surface or ground, of the state and in accordance with applicable state and federal
regulations.
b) Material Handling - Herbicide, pesticide, and fertilizer usage during the construction activity
shall be consistent with the Federal Insecticide, Fungicide, and Rodenticide Act and shall be in
accordance with label restrictions.
c) Building Material Waste Handling
i) All wastes composed of building materials shall be disposed of in accordance with North
Carolina General Statutes, Chapter 130A, Article 9 - Solid Waste Management, and rules
governing the disposal of solid waste (North Carolina Administrative Code Section 15A
NCAC 13B).
ii) Locate areas dedicated for management of land clearing and demolition debris, construction
and domestic waste, and hazardous or toxic waste. This location shall be at least 50 feet
away from storm drain inlets and surface waters unless it can be shown that no other
alternatives are reasonably available.
iii) Dumping of paint and other liquid building material wastes in storm drains is prohibited.
iv) Litter and Sanitary Waste - The permittee shall control the management and disposal of litter
and sanitary waste from the site.
d) Location of Stock Piles - Locate earthen-material stock pile areas at least 50 feet away from
storm drain inlets and surface waters unless it can be shown that no other alternatives are
reasonably available.
e) Handling of Concrete
i) Concrete materials onsite, including excess concrete, must be controlled and managed to avoid
contact with surface waters, wetlands or buffers. No concrete or cement slurry shall be
discharged from the site. (Note that discharges from onsite concrete plants require coverage
under a separate NPDES permit – NCG140000.)
ii) Any hardened concrete residue will be disposed of, or recycled on site, in accordance with
local and state solid waste regulations.

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2) Ground Stabilization
a) Soil stabilization shall be achieved on any area of a site where land-disturbing activities have
temporarily or permanently ceased according to the following schedule:
i) All perimeter dikes, swales, ditches, perimeter slopes and all slopes steeper than 3
horizontal to 1 vertical (3:1) shall be provided temporary or permanent stabilization with
ground cover as soon as practicable but in any event within 7 calendar days from the last
land-disturbing activity.
ii) All other disturbed areas shall be provided temporary or permanent stabilization with
ground cover as soon as practicable but in any event within 14 calendar days from the last
land-disturbing activity.
b) Conditions - In meeting the stabilization requirements above, the following conditions or
exemptions shall apply:
i) Extensions of time may be approved by the permitting authority based on weather or
other site-specific conditions that make compliance impracticable.
ii) All slopes 50’ in length or greater shall apply the ground cover within 7 days except when the
slope is flatter than 4:1. Slopes less than 50’ shall apply ground cover within 14 days except
when slopes are steeper than 3:1, the 7 day-requirement applies.
iii) Any sloped area flatter than 4:1 shall be exempt from the 7-day ground cover requirement.
iv) Slopes 10’ or less in length shall be exempt from the 7-day ground cover requirement except
when the slope is steeper than 2:1.
v) Although stabilization is usually specified as ground cover, other methods, such as chemical
stabilization, may be allowed on a case-by-case basis.
vi) For portions of projects within the Sediment Control Commission-defined “High Quality Water
Zone” (15A NCAC 04A. 0105) , stabilization with ground cover shall be achieved as soon as
practicable but in any event on all areas of the site within 7 calendar days from the last land-
disturbing act.
vii) Portions of a site that are lower in elevation than adjacent discharge locations and are not
expected to discharge during construction may be exempt from the temporary ground cover
requirements if identified on the approved E&SC Plan or added by the permitting authority.

3) Self Inspection and Reporting Requirements
Minimum self inspection and reporting requirements are as follows unless otherwise approved in
writing by the Division of Water Quality.
a) A rain gauge shall be maintained in good working order on the site unless another rain-
monitoring device has been approved by the Division of Water Quality.
b) A written record of the daily rainfall amounts shall be retained and all records shall be made
available to Division of Water Quality or authorized agent upon request. If no daily rain gauge
observations are made during weekend or holiday periods, and no individual-day rainfall
information is available, the cumulative rain measurement for those un-attended days will
determine if a site inspection is needed. (Note: if no rainfall occurred, the permittee must record
“zero”).
c) Erosion and sedimentation control measures shall be inspected to ensure that they are operating
correctly. Inspection records must be maintained for each inspection event and for each
measure. At a minimum, inspection of measures must occur at the frequency indicated below:
i) All erosion and sedimentation control measures must be inspected by or under the
direction of the permittee at least once every seven calendar days, and
ii) All erosion and sediment control measures must be inspected by or under the direction
of the permittee within 24 hours after any storm event of greater than 0.50 inches of
rain per 24 hour period.
d) Once land disturbance has begun on the site, stormwater runoff discharge outfalls shall be
inspected by observation for erosion, sedimentation and other stormwater discharge
characteristics such as clarity, floating solids, and oil sheens. Inspections of the outfalls shall be
made at least once every seven calendar days and within 24 hours after any storm event of
greater than 0.50 inches of rain per 24 hour period.

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e) Inspections are only required to be made during normal business hours. When adverse
weather conditions would cause the safety of the inspection personnel to be in jeopardy,
the inspection can be delayed until it is deemed safe to perform these duties. (Times when
inspections were delayed because of safety issues should be noted in the Inspection
Record.) If the inspection cannot be done on that day, it must be completed on the
following business day.
f) Twenty-four Hour Reporting for visible sediment deposition
i) The permittee shall report to the Division of Water Quality central office or the
appropriate regional office any visible sediment being deposited in any stream or
wetland or any noncompliance which may endanger health or the environment. (See
Section VIII of this permit for contact information.) Any information shall be provided
orally or electronically within 24 hours from the time the permittee became aware of the
circumstances.
ii) A written submission shall be provided to the appropriate regional office of the Division
of Water Quality within 5 days of the time the permittee becomes aware of the
circumstances. The written submission shall contain a description of the sediment
deposition and actions taken to address the cause of the deposition. The Division of
Water Quality staff may waive the requirement for a written report on a case-by-case
basis.
g) Records of inspections made during the previous 30 days shall remain on the site and available
for agency inspectors at all times during normal working hours, unless the Division of Water
Quality provides a site-specific exemption based on unique site conditions that make this
requirement not practical. Older records must be maintained for a period of three years after
project completion and made available upon request. The records must provide the details of
each inspection including observations, and actions taken in accordance with this permit. The
permittee shall record the required rainfall and monitoring observations on the Inspection Record
form provided by the Division or a similar inspection form that is inclusive of all of the elements
contained in the Division’s form. Use of electronically-available records, in lieu of the required
paper copies for inspection will be allowed if shown to provide equal access and utility as the
hard-copy records.
h) Inspection records must include, at a minimum, the following:
i) Control Measure Inspections: Inspection records must include at a minimum: 1)
identification of the measures inspected, 2) date and time of the inspection, 3) name of
the person performing the inspection, 4) indication of whether the measures were
operating properly, 5) description of maintenance needs for the measure, 6) corrective
actions taken (7) date of actions taken, as well as the date and amounts of rainfall
received.
ii) Stormwater Discharge Inspections: Inspection records must include at a minimum: 1)
identification of the discharge outfall inspected, 2) date and time of the inspection, 3)
name of the person performing the inspection, 4) evidence of indicators of stormwater
pollution such as oil sheen, floating or suspended solids or discoloration, 5) indication of
visible sediment leaving the site, 6) actions taken to correct/prevent sedimentation and
7) date of actions taken.
iii) Visible Sedimentation Found Outside the Site Limits: Inspection records must include:
1) an explanation as to the actions taken to control future releases, 2) actions taken to
clean up or stabilize the sediment that has left the site limits and 3) the date of actions
taken.
iv) Visible Sedimentation Found in Streams or Wetlands: All inspections should include
evaluation of streams or wetlands onsite or offsite (where accessible) to determine if
visible sedimentation has occurred.
i) Visible Stream Turbidity - If the discharge from a site results in an increase in visible stream
turbidity, inspection records must record that evidence and actions taken to reduce sediment
contributions. Sites discharging to streams named on the state’s 303(d) list as impaired for
sediment-related causes may be required to perform additional monitoring, inspections or

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application of more-stringent management practices if it is determined that the additional
requirements are needed to assure compliance with the federal or state impaired-waters
conditions. If a discharge covered by this permit enters a stream segment that is listed on the
Impaired Stream List for sediment-related causes, and a Total Maximum Daily Load (TMDL)
has been prepared for those pollutants, the permittee must implement measures to ensure that the
discharge of pollutants from the site is consistent with the assumptions and meets the
requirements of the approved TMDL. The Division of Water Quality 303(d) list can be found
at: http://h2o.enr.state.nc.us/tmdl/General_303d.htm/

4.) Sediment Basins
Sediment basins and traps shall meet the following requirements:
a) Outlet structures shall be utilized that withdraw water from the surface.
b) For basins or traps that have a drainage area of less than 1.0 acre, draw-down designs specified
in the Division of Land Resources or delegated local program requirements are acceptable.
c) Chemical treatment
i) All treatment chemicals must be stored in leak-proof containers that are kept under
storm-resistant cover or surrounded by secondary containment structures designed to
protect adjacent surface waters.
ii) All treatment chemicals must be used in accordance with dosing specifications and
application rates provided by the manufacturer, supplier and as specified by the Division
of Water Quality.
iii) The Permittee must only use chemicals that have been approved by the NC Division of
Water Quality and posted on their “North Carolina Division of Water Quality Approved
PAMS/Flocculants List” found on their web site at:
http://portal.ncdenr.org/web/wq/ws/su .
iv) The Permittee must route stormwater treated with polymers, flocculants, or other
treatment chemicals through sediment trapping, filtering, and/or settling devices(s) to
ensure adequate removal of sediment flocculent prior to discharge to surface waters.
d) Discharge requirement - Discharges must meet the statutory requirements of the Sediment
Pollution Control Act and utilize the provisions of Section 6.74 of the Erosion and Sediment
Control Planning and Design Manual to assure that buffers and vegetated areas will be used to
reduce the potential for visible siltation outside of the 25% buffer zone nearest the land-
disturbing activity.

5.) Discharges to Special or Threatened Waters
a) Disturbed areas within one mile of and draining to waters where federally-listed threatened or
endangered aquatic species are present shall be limited at any time to a maximum total area
within the boundaries of the tract of 20 acres. These projects shall also use control measures
that are designed, installed and maintained in accordance with criteria set forth in 15A NCAC
04B .0124 – Design Standards in Sensitive Watersheds. The Division of Water Quality may
require additional/alternative protection measures or require coverage under an individual
Construction NPDES Stormwater permit. Other management practices may be acceptable if
these designs are shown by the applicant, to the satisfaction of the Director, to provide
equivalent protection.
b) Construction activities in High Quality Waters Zones require quicker ground stabilization
provisions as specified in Section II.B.2.b. of the permit.

SECTION III
FRAMEWORK OF PERMIT COVERAGE

During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is
authorized to discharge stormwater associated with construction activity including clearing, grading and
excavation activities resulting in the disturbance of land and related support activities. Such discharges
shall be controlled, limited and monitored as specified in this permit.

Page 9 of 16

1) Continuation of Previously Permitted Projects - Projects and their corresponding activities
permitted under the previous version of the NC general permit for construction activities will
continue to be valid with the previous permit conditions and will be considered covered under this
general permit.

2) Projects submitted prior to the effective date of the permit – Complete project applications that
were received prior to the effective date of this permit, but not approved by the permitting
authority until after approval of this NPDES permit, can rely on design and management practices
effective at the time of application submittal.

3) Implementation of the Erosion and Sedimentation Control Plan (E&SC Plan):
a) The Permittee must implement and follow the E&SC Plan, which has been approved by the
Division of Land Resources or local delegated program.. The approved E&SC Plan is
considered a condition of this general permit.
b) Deviation from the approved E&SC Plan, or approved amendment, shall constitute a violation
of the terms and conditions of this general permit except that deviation from the approved plan
will be allowed:
i) to correct an emergency situation where sediments are being discharged off the site,
or,
ii) when minor modifications have been made that result in an alteration or relocation of
an erosion or sedimentation control measure and does not affect the ability of the
measure to perform as intended.
c) Allowed deviations must be noted on the approved E&SC Plan and maintained at the job site.
d) Prior to the commencement of any land disturbance onsite, and during the construction
activities, a copy of the approved E&SC Plan and this NPDES construction permit shall be
maintained on the site. These documents must be kept current and up to date.

4) BMPs and Control Measures - Consistent with the provisions contained in this permit and the
E&SC Plan, the permittee must select, install, implement and maintain best management practices
(BMPs) and control measures that minimize pollutants in the discharge to meet the requirements
of this permit.

5) Additional Action - If there is evidence indicating that the stormwater discharges from the site are
impacting or have the potential to impact surface waters or wetlands, the Division of Water
Quality may take appropriate actions including any or all of the following:
a) take compliance and enforcement action;
b) require the permittee to include and implement appropriate control and restoration measures;
c) require the permittee to develop and implement additional site-specific stormwater pollution
prevention measures;
d) require the permittee to obtain an individual permit.

6) When an Individual Permit may be Required - The Director may require any owner/operator
authorized to discharge under a certificate of coverage issued pursuant to this general permit to
apply for and obtain an individual permit or a general permit with additional conditions. Any
interested person may petition the Director to require an individual permit pursuant to 15A NCAC
2H .0127. Cases where an individual permit may be required include, but are not limited to, the
following:
a) The receiving stream is of a unique quality and the standard conditions may not provide
adequate protection;
b) The discharger is a significant contributor of pollutants;
c) Conditions at the permitted site change, altering the constituents and/or characteristics of the
discharge such that the discharge no longer qualifies for a General Permit;

Page 10 of 16

d) A change has occurred in the availability of demonstrated technology or practices for the
control or abatement of pollutants applicable to the point source;
e) The discharge violates the terms or conditions of this general permit;
f) Effluent limitations are promulgated for the point sources covered by this general permit;
g) A Water Quality Management Plan containing requirements applicable to such point sources is
approved after the issuance of this general permit.

7) When an Individual Permit may be Requested - Any permittee operating under this general permit
may request to be excluded from the coverage of this general permit by applying for an individual
permit. When an individual permit is issued to an owner/operator the applicability of this general
permit is automatically terminated on the effective date of the individual permit.

SECTION IV
OPERATION AND MAINTENANCE OF POLLUTION CONTROLS

1) Proper Operation and Maintenance - The permittee shall at all times properly operate and maintain
all control measures and systems of treatment and control (and related appurtenances) which are
installed or used by the permittee to achieve compliance with the conditions of this general permit.
2) Need to Halt or Reduce not a Defense - It shall not be a defense for a permittee in an enforcement
action that it was necessary to halt or reduce the permitted activity in order to maintain compliance
with the condition of this general permit.
3) Bypassing of Stormwater Control Facilities
a) Bypass Not Exceeding Limitations.
The permittee may allow any bypass to occur which does not cause effluent limitations to be
exceeded, but only if it also is for essential maintenance to assure efficient operation or as part
of a planned action specified in the approved Erosion and Sedimentation Control Permit.
These bypasses are not subject to the provisions of Paragraphs b. and c. of this section.
b) Notice
i) Anticipated bypass - If the permittee knows in advance of the need for a bypass, it shall
submit prior notice, if possible at least ten days before the date of the bypass; including an
evaluation of the anticipated quality and effect of the bypass.
ii) Unanticipated bypass - The permittee shall submit notice to the Division contact (See
Section VIII.) within 24 hours of the occurrence of an unanticipated bypass.
c) Prohibition of Bypass
Bypass is prohibited and the Director may take enforcement action against a permittee for
bypass, unless:
i) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
ii) There were no feasible alternatives to the bypass, such as the use of auxiliary control
facilities, retention of stormwater or maintenance during normal periods of equipment
downtime or dry weather. This condition is not satisfied if adequate backup controls
should have been installed in the exercise of reasonable engineering judgment to prevent a
bypass which occurred during normal periods of equipment downtime or preventive
maintenance; and
iii) The permittee submitted notices as required under Paragraph b. of this section.
d) The Director may approve an anticipated bypass, after considering its adverse effects, if the
Director determines that it will meet the three conditions listed above in Paragr aph c. of this
section.
4) Upsets
a) Definition - “Upset” means an exceptional incident in which there is unintentional and
temporary noncompliance with technology-based permit effluent limitations because of factors
beyond the reasonable control of the permittee. An upset does not include noncompliance to
the extent caused by operational error, improperly designed treatment or control facilities,

Page 11 of 16

inadequate treatment or control facilities, lack of preventive maintenance, or careless or
improper operation.
b) Effect of an Upset - An upset constitutes an affirmative defense to an action brought for
noncompliance with technology based permit effluent limitations if the requirements of
paragraph c. of this condition are met. No determination made during administrative review of
claims that noncompliance was caused by upset, and before an action for noncompliance, is
final administrative action subject to judicial review.
c) Conditions Necessary for a Demonstration of Upset - A permittee who wishes to establish the
affirmative defense of upset shall demonstrate, through properly signed, contemporaneous
operating logs, or other relevant evidence that:
i) An upset occurred and that the permittee can identify the cause(s) of the upset;
ii) The permitted facility was at the time being properly operated;
iii) The permittee submitted notice of the upset as required in this general permit, and,
iv) The permittee complied with any remedial measures required in this general permit.
d) Burden of Proof - In any enforcement proceeding, the permittee seeking to establish the
occurrence of an upset has the burden of proof.
5) Inspection and Entry - The permittee shall allow the Director or an authorized representative
(including an authorized contractor acting as a representative of the Director), upon the
presentation of credentials and other documents as may be required by law, to:
a) Enter upon the permittee’s premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this general permit;
b) Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this general permit;
c) Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this general permit; and
d) Sample or monitor at reasonable times, for the purposes of assuring general permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.

SECTION V
PERMIT ADMINISTRATION AND COMPLIANCE ISSUES

1) Time of compliance – Erosion and sedimentation control measures shall be maintained, and self-
monitoring shall continue, after the completion of construction and development until the
establishment of permanent ground cover sufficient to restrain erosion or until the financially
responsible party has conveyed ownership or control of the tract of land for which the erosion and
sedimentation control plan has been approved and the agency that approved the plan has been
notified. If the financially responsible party has conveyed ownership or control of the tract of land
for which the Erosion and Sedimentation Control Plan has been approved, the new owner or
person in control shall conduct and document self-monitoring until the establishment of permanent
ground cover sufficient to restrain erosion.

Upon establishment of permanent ground cover sufficient to restrain erosion, the permittee shall
request an inspection by the permitting authority to verify the adequacy of the ground cover.
Coverage under the permit shall end when a Sedimentation Inspection Report is issued
documenting the final stabilization of the site with adequate permanent ground cover. The signed
Sedimentation Inspection Report shall serve as a notice of termination.
2) Operation efficiency - During construction and until the completion of construction or
development and the establishment of permanent stabilization, the permittee shall provide the
operation and maintenance necessary to operate the storm water control measures and all erosion
and sedimentation control measures at optimum efficiency.
3) Corrective action - If inspections required by this permit identify a need for maintenance of control
measures, modifications or additions to control measures, or corrective actions to control sediment

Page 12 of 16

or other pollutants these actions must be performed as soon as possible and before the next storm
event to maintain the effectiveness of the control measures.
4) Duty to Comply - The permittee must comply with all conditions of this general permit. Any
permit noncompliance constitutes a violation of the Clean Water Act and is grounds for
enforcement action; certificate of coverage termination, revocation and reissuance, or
modification; or denial of a certificate of coverage upon renewal application.
a) The permittee shall comply with effluent standards or prohibitions established under section
307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or
disposal established under section 405(d) of the CWA within the time provided in the
regulations that establish these standards or prohibitions or standards for sewage sludge use or
disposal, even if the permit has not yet been modified to incorporate the requirement.
b) The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308,
318 or 405 of the Act, or any permit condition or limitation implementing any such sections in
a permit issued under section 402, or any requirement imposed in a pretreatment program
approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to
exceed $27,000 per day for each violation. The Clean Water Act provides that any person
who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any
condition or limitation implementing any of such sections in a permit issued under section 402
of the Act, or any requirement imposed in a pretreatment program approved under section
402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day
of violation, or imprisonment of not more than 1 year, or both. In the case of a second or
subsequent conviction for a negligent violation, a person shall be subject to criminal penalties
of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or
both. Any person who knowingly violates such sections, or such conditions or limitations is
subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not
more than 3 years, or both. In the case of a second or subsequent conviction for a knowing
violation, a person shall be subject to criminal penalties of not more than $100,000 per day of
violation, or imprisonment of not more than 6 years, or both. Any person who knowingly
violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or
limitation implementing any of such sections in a permit issued under section 402 of the Act,
and who knows at that time that he thereby places another person in imminent danger of death
or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000
or imprisonment of not more than 15 years, or both. In the case of a second or subsequent
conviction for a knowing endangerment violation, a person shall be subject to a fine of not
more than $500,000 or by imprisonment of not more than 30 years, or both. An organization,
as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the
imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined
up to $2,000,000 for second or subsequent convictions.
c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000)
per violation may be assessed against any person who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit. [Ref: NC General Statute 143-
215.6A].
d) Any person may be assessed an administrative penalty by the Administrator of the U.S.
Environmental Protection Agency for violating section 301, 302, 306, 307, 308, 318 or 405 of
the Clean Water Act, or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act. Administrative penalties for Class I
violations are not to exceed $16,000 per violation, with the maximum amount of any Class I
penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed
$16,000 per day for each day during which the violation continues, with the maximum amount
of any Class II penalty not to exceed $177,500.
5) Duty to Mitigate - The permittee shall take all reasonable steps to minimize or prevent any
discharge in violation of this general permit that has a reasonable likelihood of adversely affecting
human health or the environment.

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6) Civil and Criminal Liability - Except as provided in Section IV.3. of this permit regarding
bypassing of stormwater control facilities, nothing in this general permit shall be construed to
relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant
to NCGS l43-2l5.3, l43-2l5.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33
USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish
kills, even though the responsibility for effective compliance may be temporarily suspended.
7) Oil and Hazardous Substance Liability - Nothing in this general permit shall be construed to
preclude the institution of any legal action or relieve the permittee from any responsibilities,
liabilities, or penalties to which the permittee is or may be subject to under NCGS l43-2l5.75 et
seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible
for consequential damages, such as fish kills, even though the responsibility for effective
compliance may be temporarily suspended.
8) Property Rights - The issuance of this general permit does not convey any property rights in either
real or personal property, or any exclusive privileges, nor does it authorize any injury to private
property or any invasion of personal rights, nor any infringement of Federal, State or local laws or
regulations.
9) Severability - The provisions of this general permit are severable, and if any provision of this
general permit, or the application of any provision of this general permit to any circumstances, is
held invalid, the application of such provision to other circumstances, and the remainder of this
general permit, shall not be affected thereby.
10) Duty to Provide Information - The permittee shall furnish to the Director, within a reasonable time,
any information which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the certificate of coverage issued pursuant to this general
permit or to determine compliance with this general permit. The permittee shall also furnish to the
Director upon request, copies of records required to be kept by this general permit.
11) Signatory Requirements
a) All applications, reports, or information submitted to the Director shall be signed and certified
as follows:
i) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the
manager of one or more manufacturing production or operating facilities provided the
manager is authorized to make management decisions which govern the operation of the
regulated facility including having the explicit or implicit duty of making major capital
investment recommendations, and initiating and directing other comprehensive measures
to assure long term environmental compliance with environmental laws and regulations;
the manager can ensure that the necessary systems established or actions taken to gather
complete and accurate information for permit application requirements; and where
authority to sign documents has been assigned or delegated to the manager in accordance
with corporate procedures.
ii) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
iii) For a municipality, State, Federal, or other public agency: by either a principal executive
officer or ranking elected official.
b) All reports required by the general permit and other information requested by the Director
shall be signed by a person described above or by a duly authorized representative of that
person. A person is a duly authorized representative only if:
i) The authorization is made in writing by a person described above;
ii) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant manager,
operator of a well or well field, superintendent, a position of equivalent responsibility, or
an individual or position having overall responsibility for environmental matters for the

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company. (A duly authorized representative may thus be either a named individual or any
individual occupying a named position.); and
iii) The written authorization is submitted to the Director.
c) Any person signing a document under paragraphs a. or b. of this section shall make the
following certification:
“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. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violations.”
12) Penalties for Tampering -The Clean Water Act provides that any person who falsifies, tampers
with, or knowingly renders inaccurate, any monitoring device or method required to be maintained
under this general permit shall, upon conviction, be punished by a fine of not more than $l0,000
per violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person under this
paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment
of not more than 4 years, or both.
13) General Permit Modification, Revocation and Reissuance, or Termination - The issuance of this
general permit does not prohibit the Director from reopening and modifying the general permit,
revoking and reissuing the general permit, or terminating the general permit as allowed by the
laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123;
Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina
General Statute 143-215.1 et. seq.
14) Availability of Reports - Except for data determined to be confidential under NCGS 143-
215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance
with the terms shall be available for public inspection at the offices of the Division of Water
Quality. As required by the Act, discharge data shall not be considered confidential. Knowingly
making any false statement on any such report may result in the imposition of criminal penalties as
provided for in NCGS 143-215.6B or in Section 309 of the Federal Act.
15) Penalties for Falsification of Reports - The Clean Water Act provides that any person who
knowingly makes any false statement, representation, or certification in any record or other
document submitted or required to be maintained under this general permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of
not more than $l0,000 per violation, or by imprisonment for not more than two years per violation,
or by both.
16) Anticipated Noncompliance - The permittee shall give advance notice to the Director of any
planned changes in the permitted facility or activity that may result in noncompliance with the
general permit requirements.
17) Other Information - Where the permittee becomes aware that it failed to submit any relevant facts
in any report to the Director, it shall promptly submit such facts or information.
18) Limitations Reopener - This general permit shall be modified or alternatively, revoked and
reissued, to comply with any applicable effluent guideline or water quality standard issued or
approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if
the effluent guideline or water quality standard so issued or approved:
a) contains different conditions or is otherwise more stringent than any effluent limitation in the
general permit; or
b) controls any pollutant not limited in the general permit.
c) The general permit as modified or reissued under this paragraph shall also contain any other
requirements in the Act then applicable.

Page 15 of 16

SECTION VI
DISCHARGE MONITORING AND TURBIDITY LIMITATIONS

This General Permit does not include requirements for numeric limits for discharges from construction
sites. However, the next reissuance of this North Carolina Construction General Permit (NCG 01) is
scheduled for five years from the date of approval of this permit and will contain effluent limitations as
required in Subpart B-Construction and Development Effluent Guidelines of Part 450 of the Code of
Federal Regulations.

SECTION VII
DEFINITIONS

1) Act or “the Act” or CWA - The Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, 33 USC 1251, et. seq.
2) Best Management Practices (BMPs) - Schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to prevent or reduce the pollution of
waters of the United States. BMPs also include treatment requirements, operation procedures,
and management practices to control site runoff, spillage or leaks, sludge or waste disposal, or
drainage from raw material storage.
3) Bypass - The intentional diversion of stormwater from any portion of a stormwater control
facility.
4) Control Measures - Refers to any BMP or other structural or non-structural practices and
procedures used to prevent or reduce the discharge of pollutants including practices to control
erosion and sedimentation.
5) Director - The Director of the Division of Water Quality.
6) Division - The Division of Water Quality, Department of Environment, and Natural Resources.
7) EMC - The North Carolina Environmental Management Commission.
8) Erosion and Sedimentation Control Plan - A plan developed in compliance with the North
Carolina Sedimentation Pollution Control Act of 1973 to prevent the erosion and deposition of
sediment and other materials into the waters of the State from construction or other land-
disturbing activities that disturb one or more acres of land. Each plan must be approved by the
NC Sedimentation Control Commission or a program delegated by the Commission to a local
government.
9) Ground cover - Any vegetative growth or other material which, when applied to the soil
surface, renders the soil surface stable against accelerated erosion.
10) Normal Business Hours - These are generally considered to be between the hours of 6 a.m. and 6
p.m., or when workers are normally present on the construction site. Weekends and federal holidays
are not considered normal business hours unless construction activities are taking place on the site
during those times.
11) Permitting Authority - The permitting authority is the agency that issues the permit. The Division of
Water Quality is the delegated NPDES permitting authority and issues this permit. However, some
erosion and sedimentation control activities are performed by Division of Land Resources or the
locally-delegated programs. Other activities may be shared by the two divisions and the local
programs. The Land Quality Section of the Division of Land Resources and the Surface Water
Protection Section of the Division of Water Quality maintain a Memorandum of Understanding that
specifies specific roles of the two divisions and the local programs and will be used to assign
specific control and oversight activities between the agencies.
12) Permanently Cease - When all or part of the land disturbing activity is complete and no additional
alteration or disturbance of the land surface is planned prior to final stabilization.
13) Permanent Stabilization - When all soil disturbing activity is completed and exposed soils have been
stabilized with a vegetative cover with a density of at least 80% or covered with a structural
stabilization method. Permanent perennial vegetation may include the use of sod, shrubs and ground
cover plants mixed with mulching, aggregate or other landscaping techniques. Structural methods
include concrete, asphalt, retaining wall or other stabilization techniques.

Page 16 of 16

14) Permittee -The person, firm or organizational entity that signed as the financially responsible
party on the Erosion and Sedimentation Control Plan.
15) Point Source Discharge - Any discernible, confined and discrete conveyance, including but
specifically not limited to, any pipe, ditch, channel, tunnel, conduit, discrete fissure, or container
from which pollutants are or may be discharged to waters of the state.
16) Soil Stabilization - The use of vegetative, physical or chemical coverage techniques that will
restrain accelerated erosion on disturbed soils for temporary or permanent control needs.
17) Stormwater Pollution Prevention Plan (SWPPP) – The elements of the State’s stormwater
pollution prevention program that provide the technology-based requirements designed to
protect the state’s waters from the adverse impacts of sediments. In North Carolina, the
combination of the NCG01 Construction General and the Erosion and Sedimentation Control
Plan are considered the SWPPP. It should be noted that on sites that involve multiple or
complex sources of pollution, the Division may require additional control measures as needed to
assure that water quality is protected and these additional measures will also be considered part
of the SWPPP.
18) Temporarily Cease - When all or part of the site that is and will remain un-worked for a
period of days but where site land disturbing activity is not complete and additional land
disturbing activity is planned.
19) Temporary Stabilization – When the establishment of ground cover over all disturbed areas
(such as mulching, rolled erosion control products, vegetation, or other material) renders the
surface stable against accelerated erosion. Stabilization shall be achieved with the
establishment of a uniform and evenly-distributed (i.e., without large bare areas) ground
cover with a cover density of at least 80%.
20) Severe property damage – Substantial physical damage to property, damage to the control
measures that cause them to become inoperable, or substantial and permanent loss of natural
resources that can reasonably be expected to occur in the absence of a bypass. Severe
property damage does not mean economic loss caused by delays in production.

SECTION VIII
N.C. DIVISION OF WATER QUALITY CONTACTS

Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
828-296-4500
FAX [phone]
Fayetteville Regional Office
Systel Building,
225 Green St., Suite 714
Fayetteville, NC 28301-5094
910-433-3300
FAX [phone]
Mooresville Regional Office
610 East Center Ave.
Mooresville, NC 28115
704-663-1699
FAX [phone]

Winston-Salem Regional
Office
585 Waughtown Street
Winston-Salem, NC 27107
336-771-5000
FAX [phone]

Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
252-946-6481
FAX [phone]

Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
910-796-7215
FAX [phone]

Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
919-791-4200
FAX [phone]

Raleigh Regional Office
Mail to:
1628 Mail Service Center
Raleigh, NC 27699-1628

What is this permit?
This is your General Stormwater Permit for Construc-
tion Activities, developed to meet federal National Pol-
lutant Discharge Elimination System (NPDES) re-
quirements. It is separate and in addition to your Ero-
sion and Sedimentation Control (E&SC) Plan.

Federal regulations adopted by the U.S. Environmental
Protection Agency (EPA) and N.C. Environmental
Management Commission require an NPDES storm-
water permit for your project. In North Carolina, the
EPA has delegated authority to administer the NPDES
program to the Department of Environment and Natu-
ral Resources.

The E&SC plan approved by the Division of Energy,
Mineral and Land (DEMLR), or a delegated local pro-
gram, contains the core erosion control requirements
for your project. The NPDES Stormwater General Per-
mit contains additional requirements related to a broad-
er range of water quality issues. These permits are re-
lated, but separate. Both contain conditions your
project site must meet.
Are there new requirements
in this permit?
This General Permit reflects changes made in the fed-
eral regulations effective Feb. 1, 2010, that regulate
discharges from construction sites. The federal regula-
tions resulted from litigation decisions that mandated
construction activities over a certain size must contain
additional measures to reduce the amount of wastes
and sediment loading that reach the nation’s waters.

The Department of Environment and Natural Re-
sources established the Construction General Permit
Technical Advisory Group to guide the development of
this NPDES permit. A draft permit was available for
public review in May 2011, and the final permit be-
came effective on Aug. 3, 2011.

The most notable change in the new permit is a re-
quirement that ground stabilization, such as wheat
straw application, be applied within 14 days from the
last land-disturbing activity. For steep slopes, that area
must be stabilized within 7 days. Please see page 2 of
this technical bulletin for more details.
Revised Jan. 12, 2017
NPDES Stormwater Discharge Permit
for Construction Activities
(continued on reverse side)
You should read and become fa-
miliar with the provisions of this
permit. Below is a list of the major
requirements, with indications
where those differ from the previ-
ous Construction Stormwater Gen-
eral Permit.

Erosion and Sediment
Control Plan

You must implement the E&SC
Plan approved for your project by
DEMLR or by a delegated local
program. Adherence to that E&SC
Plan is an enforceable component
of this General Permit.

Your E&SC plan will identify areas
where the more stringent 7- and 14-
day ground stabilization require-
ments apply. See “Ground Stabili-
zation Requirements” on page 2 of
this bulletin.

Monitoring and Inspections

 You must keep a rain gauge on
the project site.

 Dedicated demolition and other
waste areas and earthen material
stockpiles must be located at least
50’ from storm drains or streams
unless no alternative is feasible
(new requirement).

 You must inspect all E&SC
measures at least once a week and
within 24 hours after any storm
event greater than a half-inch
(during a 24-hour period). You
must take immediate corrective
action for any device failure.

 You must inspect all outlets
where stormwater runoff leaves the
site and evaluate the effect on near-
by streams or wetlands.
North Carolina Division of Energy, Mineral and Land Resources
What does this permit require me to do?
Do I need to submit a Notice of Intent to have coverage under this permit?
No. Your project is covered by this permit upon approval of an adequate erosion and sedimentation control plan
that meets requirements for surface dewatering of basins and ground stabilization timeframes.
Revised Jan. 12, 2017
Asheville Office [phone] Washington Office [phone]
Fayetteville Office [phone] Wilmington Office [phone]
Mooresville Office [phone] Winston-Salem Office [phone]
Raleigh Office [phone] Central Office [phone]
Stormwater Permitting:
Regional Office Map:
http://deq.nc.gov/about/divisions/energy-mineral-land-resources/stormwater
http://deq.nc.gov/contact/regional-offices
 Corrective action must be taken
if sediment is deposited off-site or
into a stream or wetland, or causes
a visible increase in turbidity
(cloudiness) of any waterbody.

 You must keep records of these
inspections and any corrective ac-
tions taken.

Operation and Maintenance

You must provide the operation
and maintenance necessary to
maintain optimal performance of
stormwater controls. This means
you must take corrective action if
erosion and sediment control
measures are not operating proper-
ly. Operation and maintenance
includes, but is not limited to:

 Regularly cleaning out sedi-
mentation basins.

 Stabilizing eroded banks,
channels or spillway structures.

 Repairing/clearing out inlets
and outlets.
 Repairing and maintaining
storm drainage inlet and outlet
protection.

 Repairing piping, seepage and
mechanical damage.

 Repairing silt fence damage.

Reporting

The self-inspections required by
this permit are an opportunity to
identify impacts to nearby waters.
If you observe sediment that has
deposited in a stream or wetland,
you must notify the DEMLR re-
gional office within 24 hours and
provide written notice within five
days (see item #3 on page six of
the General Permit).

Non-compliance and Fines

Projects that violate Stormwater
Permit conditions and/or have un-
authorized water quality impacts
are subject to fines. Civil penalties
of up to $25,000 per day for each
violation may be assessed.

Inspections

Staff from DEMLR and local pro-
grams with delegated authority
will perform random inspections of
your project site to ensure compli-
ance with state and federal regula-
tion governing construction activi-
ties. That means that your project,
if found to be in violation, could
potentially be subject to enforce-
ment action by both DEMLR and
the local program. The inspections
may be routine in nature or the re-
sult of a citizen complaint.

Ground Stabilization Requirements
Site Area Description Stabilization Timeframe Exceptions
Perimeter dikes, swales, ditches and slopes 7 days None
High Quality Water (HQW) Zones 7 days None
Slopes steeper than 3:1 7 days If slopes are 10’ or less in length and are not
steeper than 2:1, 14 days are allowed.
Slopes 3:1 or flatter 14 days 7 days for slopes greater than 50’ in length.
All other areas with slopes flatter than 4:1 14 days None, except for perimeters and HQW Zones.
Still have questions? Call the DEMLR Regional Office nearest your project’s location:
Learn more online:
DEMLR Monitoring Form Rev. 08012013 Page 1 of 2 *For an editable copy of this form as a Word doc and other information, see http://portal.ncdenr.org/web/lr/erosion INSPECTION AND MONITORING RECORDS FOR ACTIVITIES UNDER STORMWATER GENERAL PERMIT NCG010000 AND SELF-INSPECTION RECORDS FOR LAND DISTURBING ACTIVITIES PER G.S. 113A-54.1 Project Name Land Quality or Local Program Project # Financially Responsible Party, (FRP) / Permittee County INSPECTOR Name Employer Inspector Type (Mark) X Address FRP/Permittee Agent/Designee Phone Number Email Address PART 1A: Rainfall Data PART 1B: Current Phase of Project Day / Date Rain Amt (inches) Daily Rainfall Required, except for Holidays or Weekends. If no rain, indicate with a “zero” M T W Th F Sat (Optional) Sun (Optional) PART 1C: Signature of Inspector By this signature, I certify in accordance with the NCG010000 permit & G.S. 113A-54.1 that this report is accurate and complete to the best of my knowledge.Financially Responsible Party / Permitee or Agent / Designee Date GROUND STABILIZATION TIMEFRAMES Site Area Description Stabilization Timeframe Exceptions Perimeter dikes, swales and slopes 7 Days None High Quality Water (HQW) Zones 7 Days None Slopes Steeper than 3:1 7 Days If slopes are 10’ or less in length and are not steeper than 2:1, 14 days are allowed Slopes 3:1 or flatter 14 Days 7 days for slopes greater than 50’ in length All other areas with slopes flatter than 4:1 14 Days None, except for perimeters and HQW Zones Phase of Grading check the applicable box(es) X Installation of perimeter erosion and sediment control measures Clearing and grubbing of existing ground cover Completion of any phase of grading of slopes or fills Installation of storm drainage facilities Completion of all land-disturbing activity, construction or development Permanent ground cover sufficient to restrain erosion has been established
DEMLR Monitoring Form Rev. 08012013 Page 2 of 2 PART 2A: EROSION AND SEDIMENTATION CONTROL MEASURES: Measures must be inspected at least ONCE PER 7 CALENDAR DAYS AND WITHIN 24 HOURS OF A RAINFALL EVENT GREATER THAN 0.5 INCH PER 24 HOUR PERIOD. Erosion and Sedimentation Control Measures Inspected Inspection Date Describe Actions Needed Corrective actions should be performed as soon as possible and before the next storm event Date Corrected Measure ID or Location and Description Operating Properly? (Y/N) Any Repair or Maintenance Needed? (Y/N) New Measures Installed * Proposed Dimensions (ft.) Actual Dimensions (ft.) Significant Deviation from Plan? (Y/N) *New erosion and sedimentation control measures installed since the last inspection should be documented here or by initialing and dating each measure or practice shown on a copy of the approved erosion and sedimentation control plan. List Dimensions of Measures such as Sediment Basins and Riprap Aprons PART 2B: STORMWATER DISCHARGE OUTFALLS (SDOs): SDOs must be inspected at least ONCE PER 7 CALENDAR DAYS AND WITHIN 24 HOURS OF A RAINFALL EVENT GREATER THAN 0.5 INCH PER 24 HOUR PERIOD. Stormwater Discharge Outfalls Inspected Inspection Date Report Visible Sedimentation to streams or wetlands to Land Quality within 24 Hours http://portal.ncdenr.org/web/lr/division-contacts Describe Actions Needed Corrective actions should be performed as soon as possible and before the next storm eventDate Corrected Stormwater Discharge Outfall ID or Location Any Visible Sedimentation in Streams, Wetlands or Outside Site Limits? (Y/N) Any Increase in Stream Turbidity from Discharge? (Y/N) Any Visible Erosion below SDO? (Y/N) Any visible oil sheen, floating or suspended solids or discoloration? (Y/N) PART 2C: GROUND STABILIZATION Must be recorded after each Phase of Grading Areas Where Land Disturbance Has Been Completed or Temporarily Stopped Time Limit for Ground Cover 7 days or 14 days Is Ground Cover Sufficient to Restrain Erosion? (Y/N) Inspection Date Describe Actions Needed Date Corrected

Audit Date(s): June 19, 2019 Page 18 of 25

Supporting Document 7:
Soil Erosion and Sediment Control Certificate of Approval

CERTIFICATE OF PLAN APPROVAL

The posting of this Certificate certifies that an Erosion and Sedimentation Control Plan as been
approved for this project by the City of Newton in accordance with North Carolina General Statute
113A – 57 (4) and 113A – 54 (d) (4) and North Carolina Administrative Code, Title 15A, Chapter
4B.007(c). This Certificate must be posted at the primary entrance of the job site before
construction begins and until establishment of permanent groundcover as required by North
Carolina Administrative Code, Title 15A, Chapter 4B.0027 (b).

Moore Investment Mini-storage
NC Hwy 16 south of W 20th Street
Newton, NC 28658

3/19/2019 _____________________________________
Date of Plan Approval Plan Review Officer

Audit Date(s): June 19, 2019 Page 19 of 25

Supporting Document 8:
Soil Erosion and Sediment Control Notice of Violation

CITY OF NEWTON Planning Department
P.O. Box 550 · Newton, N.C. 28658 · phone [phone] · fax [phone]

July 30, 2018

Notice of Violation

Abingdon Senior Housing Services, Inc.
501 26th Ave NE
Hickory, NC 28601

RE: Project Name: Azalea Glenn Townhomes Phase I
Acres Approved: 4.20 acres
Location: Lawyers Ln
River Basin: Catawba River
Submitted By: Darrin Reid, PLS
Plan Type: Soil Erosion & Stormwater

Dear Sir or Madam:

On July 24, 2018, personnel of this office inspected a project located at Iris Lane, Newton in Catawba County,
North Carolina. This inspection was performed to determine compliance with the North Carolina
Sedimentation Pollution Control Act (SPCA) of 1973. The inspection revealed a several violations.

It is our understanding that you and/or your firm are responsible for this land-disturbing activity. The purpose
of this letter is to inform you that this activity was found to be in violation of the Act, G.S. 113A-50 to 66, Title
15A, North Carolina Administrative Code (NCAC), Chapter 4. If you feel that you are not responsible for the
following violations, please notify this office immediately.

The violations that were found are:

1. Failure to conduct a land-disturbing activity in accordance with the provisions of an approved Erosion
and Sedimentation Control Plan—G.S. 113A-61.1

The Erosion and Sedimentation Control Plan approved by this office on Ocotober 27, 2017 must be
immediately implemented on the site sufficient to restrain off-site sedimentation.

2. Failure on a tract of more than one acre, when more than one acre is uncovered, to install sedimentation
and erosion control devices sufficient to retain the sediment generated by the land disturbing activity within the
boundaries of the tract, during construction upon and development of the tract. G.S.113A-57(3).

3. Failure to take all reasonable measures to protect all public and private property from damage by such
land-disturbing activities. 15A NCAC 4B.0105.

4. Failure to satisfactorily maintain all temporary and permanent erosion and sedimentation control
measures and facilities during the development of a site. 15 NCAC 4B.0113.

To correct these violations, you must follow the approved erosion control plan. See details on attached
Inspection Report

The violations cited herein may be referred to the Newton City Council for appropriate enforcement action,
including civil penalty assessments for an initial one-day violation and/or a continuing violation. The penalty
for an initial one-day violation may be assessed in an amount not to exceed $5,000.00. The City of Newton is
not required to provide a time period for compliance before assessing a penalty for the violations cited herein.
Please be advised that a civil penalty may be assessed for the violations regardless of whether the violations are
corrected within the time period set out below.

In addition, if the violations cited herein are not corrected within 21 days of receipt of this notice or before
August 23, 2018, whichever term is longer, this office may request that the Council take appropriate legal action
against you for continuing violations pursuant to NCGS 113A-61.1 and 113A-64. A penalty may be assessed
from the date of the violation, pursuant to NCGS 113A-64(a)(1), and for each day of a continuing violation in
an amount not to exceed $5,000.00 per day.

Please be advised that any new land-disturbing activity associated with this project should not begin until the
area presently disturbed is brought into compliance with the Act. When corrective actions are complete, you
should notify this office so that work can be inspected. You should not assume that the project is in compliance
with the Act until we have notified you. After installation, all erosion control measures must be maintained in
proper working order until the site is completely stabilized.

We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time, it is
your responsibility to understand and comply with the requirements of the Act. Copies of the relevant statute
and administrative rules may be examined at this office or will be sent to you upon request. Should you have
questions concerning this notice or the requirements of the Act please contact me at your earliest convenience.

Your cooperation is appreciated.

Sincerely,

Alex Fulbright
Assistant Planning Director

Enclosures: inspection report dated July 31, 2018

CITY OF NEWTON SEDIMENTATION INSPECTION
P.O. Box 550 · Newton, N.C. 28658 · phone [phone] · fax [phone]

Project: Azalea Glen
Project Address/Location: Iris Ln
Person Financially Responsible: ABINGDON SENIOR HOUSING SERVICES INC
Address: 501 26TH AVE NE HICKORY, NC 28601-1790
Weather and Soil Conditions: warm and soil was damp and not workable Inspection type: Regular
Has the site been issued a notice of violation prior to this inspection ? No
Is the site in compliance with NPDES Permit? No
Is the site in compliance with SPCA and rules? No

Violations:

x
x x
x

Has sedimentation damage occurred since last inspection (explain if yes)? No.

Corrective actions needed: Need to install construction entrance properly and diversion swales. Need to
install baffles and certification basins. Need to seed the areas disturb per seeding chart. If the approved plan
cannot be implemented then a revision of the plan wi ll need to be submitted
Comments: It appears that the installation of the erosion control measures are underway but halted due to
weather. Silt fence are up and basins are in place but not finished.
Contact made with (name): No one
Report by: Alex Fulbright Others present: None
Date of inspection: 7/24/2018 Time arriving on site: 13:45 Time leaving site: 14:15

Audit Date(s): June 19, 2019 Page 20 of 25

Supporting Document 9:
Excerpt from City of Newton Fees & Charges
Planning
Page 1 of 1
Applications
400.00$
400.00$
300.00$
300.00$
400.00$
400.00$
100.00$ plus $10 per lot
150.00$ plus $10 per lot
150.00$ plus $10 per lot
Photo Copies - Black & White 0.25$ per sheet
Print Copies - Color 0.50$ per sheet
Certificate of Occupancy 50.00$
Administrative Review 150.00$
Landlocked Subdivision Plat 100.00$ plus $10 per lot
10.00$ per lot
Street Name Signs – New Development 25.00$ per blade
Change of Street Name Signs 25.00$ per blade
Single & Two
Family
Residential
Multi-
Family
Residential Commercial Industrial Non-profit
$ 40.00 $ 75.00 $ 75.00 $ 75.00 $ 75.00
Site> 21,780 sq. ft. up to 43,559 sq. ft.25.00$
Site> 43,560 sq. ft 100.00$
25.00$
Stormwater Permit 100.00$
Request for GIS data can be obtained from Catawba County.
CITY OF NEWTON FEES & CHARGES
PLANNING
FISCAL YEAR 2019 – 2020
LAND DISTURBING PERMITS
ZONING CLEARANCE PERMITS
q Minor Plat – 4 lots or less
q Major Plat – Preliminary
q Final Approval
Rezoning
Petition for Text Amendment
Subdivision Approval
Variance
Appeal / Interpretation
Special Use Permit
Planned Development
Major Subdivision Inspection (Streets, Storm Drainage,
Sidewalks, Curb, & Gutter)
Additional Fee per Additional ½ Acre--Rounded to
Nearest ½ Acre (21,780)
15

Audit Date(s): June 19, 2019 Page 21 of 25

APPENDIX B: PHOTOGRAPH LOG

Audit Date(s): June 19, 2019 Page 22 of 25

Image 1. Public eduation posters hung in City Hall outside of the Planning Office and infront of one of
the Customer Service Offices.

Audit Date(s): June 19, 2019 Page 23 of 25

Image 2. Screenshot of post promoting the City-wide clean-up event on the City of Newton Facebook
page.

Audit Date(s): June 19, 2019 Page 24 of 25

Image 3. City-wide clean up event. Volunteers picked up litter and debris around the city, including from
stormwater conveyance ditches.

Audit Date(s): June 19, 2019 Page 25 of 25

Image 4. Screenshot of online request form. Can be used to report stormwater issues of “blocked street
drains” and “mud in street”, among other city maintenance issues.