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HomeMy WebLinkAboutNCS000478_Laurel Park Self Audit_20191220 MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PROGRAM AUDIT REPORT NPDES PERMIT NO. NCS000478 LAUREL PARK, NORTH CAROLINA 441 White Pine Drive Laurel Park, NC 28739 Audit Date: 10/21/2019 Report Date: 10/21/2019 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 Laurel Park, NC: NPDES Permit No. NCS000478 (This page intentionally left blank) Audit Date: 10/21/2019 i MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 TABLE OF CONTENTS AuditDetails..................................................................................................................................................1 PermitteeInformation..................................................................................................................................2 SupportingDocuments.................................................................................................................................3 Program Implementation, Documentation &Assessment...........................................................................4 Public Education and Outreach.....................................................................................................................8 Public Involvement and Participation.........................................................................................................11 Illicit Discharge Detection and Elimination (IDDE)......................................................................................13 Construction Site Runoff Controls................................................................. Error! Bookmark not defined. Post-Construction Site Runoff Controls......................................................................................................16 Pollution Prevention and Good Housekeeping for Municipal Operations.................................................22 Total Maximum Daily Loads (TMDLs) ............................................................ Error! Bookmark not defined. Site Visit Evaluation: Municipal Facility No. 1.............................................................................................25 Site Visit Evaluation: Municipal Facility No. 2................................................ Error! Bookmark not defined. Site Visit Evaluation: MS4 Outfall No. 1......................................................................................................27 Site Visit Evaluation: MS4 Outfall No. 2......................................................... Error! Bookmark not defined. Site Visit Evaluation: Construction Site No. 1 ................................................ Error! Bookmark not defined. Site Visit Evaluation: Construction Site No. 2 ................................................ Error! Bookmark not defined. Site Visit Evaluation: Post-Construction Stormwater Control Measure No. 1Error! Bookmark not defined. Site Visit Evaluation: Post-Construction Stormwater Control Measure No. 2Error! Bookmark not defined. 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 Storm water Management Plan in accordance with the issued permit. Audit Date: 10/21/2019 ii MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 This page intentionally left blank Audit Date: 10/21/2019 iii MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Audit Details Audit ID Number: Audit Date(s): NCS000478 Laurel Park MS4 Audit 20191021 Minimum Control Measures Evaluated: ❑X Program Implementation, Documentation&Assessment ❑X Public Education &Outreach ❑X Public Involvement& Participation ❑X Illicit Discharge Detection & Elimination ❑ Construction Site Runoff Controls—No delegated Sediment and Erosion Control Program ❑ Construction Site Runoff Controls—Delegated Sediment and Erosion Control Program ❑X Post-Construction Site Runoff Controls ❑X Pollution Prevention and Good Housekeeping for Municipal Operations ❑ Total Maximum Daily Loads(TMDLs) Field Site Visits: ❑X Municipal Facilities. Number visited: 1 ❑X MS4 Outfalls. Number visited: 1 ❑ Construction Sites. Number visited: Choose an item. ❑ Post-Construction Stormwater Runoff Controls. Number visited: Choose an item. ❑ Other: Number visited:Choose an item. ❑ Other: Number visited:Choose an item. Inspector(s) Conducting Audit I Name,Title Organization I Christopher Todd,Town Manager Town of Laurel Park I I I Audit Report Author: Date: Signature Audit Report Author: Date Signature Audit Date(s): 10/21/2019 Page 1 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Permittee Information MS4 Permittee Name: Permit Effective Date: Permit Expiration Date: Town of Laurel Park February 20,2017 February 19,2019 Date of Last MS4 Inspection/Audit: City,State,ZIP: Co-permittee(s), if applicable: Permit Owner of Record: Primary MS4 Representatives Participating in Audit Name,Title Organization Christopher Todd,Town Manager Town of Laurel Park Andrew Griffin, Public Works Director Town of Laurel Park Natalie Berry, Project Engineer Henderson County MS4 Receiving Waters Waterbody Classification Impairments Shaw Creek WS-IV None Echo Lake and Briar Lake WS-IV None Brightwater Branch WS-IV, B None Finley Creek B None North Fork Big Willow Creek C;Tr None Tony's Creek B None Wash Creek B None Audit Date(s): 10/21/2019 Page 2 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Supporting Documents Item When Provided Document Title Number (Prior to/During/After) New Resident Information Pack During 2 Stormwater Phase II Post-Construction Annual Inspection Requirements During 3 Water Supply Watershed Operation and Maintenance Inspection Report During 4 Storm Water Operation and Maintenance Inspection Report During 5 Water Supply Watershed Annual Report Requirements During 6 Local Water Supply Watershed Management Permit During 7 MS4 Map During 8 Town Quarterly Newsletter During 9 Chapter 8,Article XXXV Stormwater Ordinance During 10 Agreement for Stormwater and Water Supply Watershed Enforcement and During Admin Assistance 11 BMP Summary During 12 Stormwater Management Program Assessment During 13 2010 SWMP Report During 14 Training Certifications During 15 Henderson County Storm Water Agreement During Audit Date(s): 10/21/2019 Page 3 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Program Implementation, Documentation & Assessment I Staff Interviewed: Andrew Griffin,Public Works Director (Name,Title,Role) Christopher Todd,Town Manager Permit Citation Program Requirement Status Supporting I Doc No. II.A.1 The permittee maintained adequate funding and staffing to implement and manage Staffing and Yes the provisions of the Stormwater Plan and meet all requirements of the permit. Funding The Stormwater Plan identifies a specific position(s) responsible for the overall No coordination, implementation,and revision to the Plan. Responsibilities for all components of the Stormwater Plan are documented and No position(s)assignments provided. The permittee is current on payment of invoiced administering and compliance Yes monitoring fees(see stormwater e-payments on DEMLR MS4 web page). The town is currently in the process of updating the SWMP per the State's direction. Prior to this process the town believed itself to be in compliance with all state and federal guidelines. II.A.2 Stormwater The permittee evaluated the performance and effectiveness of the program Plan Partial 1' components at least annually. Implementation and Evaluation If yes,the permittee used the results of the evaluation to modify the program Partial components as necessary to accomplish the intent of the Stormwater Program. Did the permitted MS4 discharges cause or contribute to non-attainment of an No applicable water quality standard? If yes,did the permittee expand or better tailor its BMPs accordingly to address Not the non-attainment? Applicable The town used the annual Program Assessment as to evaluate the plan.This evaluation led to the development of better MS4 Mapping and further discussion on needs. Audit Date(s): 10/21/2019 Page 4 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Program Implementation, Documentation & Assessment I I.A.3 Keeping the The permittee kept the Stormwater Plan up to date. No --- Stormwater Plan Up to Date The permittee notified DEMLR of any updates to the Stormwater Plan. No Upon acceptance of the new permit in 2017,the town believed itself to have an up to date SWMP. The town recognizes the need to update the plan under the updated process as identified in the 2019 audit. II.A.4 Availability The permittee kept an up-to-date version of its Stormwater Plan available to the of the Stormwater Division and the public online. No --- Plan The online materials included ordinances, or other regulatory mechanisms,or a list identifying the ordinances,or other regulatory mechanisms, providing the legal Partial --- authority necessary to implement and enforce the requirements of the permit. The town has the ordinance available online. The new SWMP will be placed online once approved by the state. II.A.3&II.A.5 Stormwater Plan Did DEMLR require a modification to the Stormwater Plan? Yes --- Modifications If yes, did the permittee complete the modifications in accordance with the Not established deadline? Applicable The town is in process of responding the states audit and producing a modified SWMP,per state templates and guidelines. II.A.6 Sharing Responsibility Are any control measures implemented by an entity other than the permittee? Yes --- If yes, is there a written agreement in place? Yes --- Post Construction Stormwater is implemented by Henderson County. II.A.7 The permittee maintained written procedures for implementing the six minimum Written No --- control measures. Procedures Written procedures identified specific action steps,schedules, resources and No --- responsibilities for implementing the six minimum measures. The town is currently working to produce written procedures for implementation per the state 2019 audit. Audit Date(s): 10/21/2019 Page 5 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Program Implementation, Documentation & Assessment Ill A The permittee maintained documentation of all program components including, but Program not limited to, inspections, maintenance activities, educational programs, No --- Documentation implementation of BMPs,enforcement actions etc., on file for a period of five years. As part of the new SWMP forms and documentation will be created 111.113 The permittee submitted annual reports to the Department within twelve months Annual Report from the effective date of the permit(See Section III.B.for the annual reporting No --- Submittal period specific to this MS4). The permittee submitted subsequent annual reports every twelve months from the No --- scheduled date of the first annual report submittal. The Annual Reports included appropriate information to accurately describe the progress,status, and results of the permittee's Stormwater Plan, including, but not limited the following: 1. A detailed description of the status of implementation of the Stormwater Plan as a whole.This will include information on development and implementation No --- of each major component of the Stormwater Plan for the past year and schedules and plans for the year following each report. 2. An adequate description and justification of any proposed changes to the Stormwater Plan.This will include descriptions and supporting information for No --- the proposed changes and how these changes will impact the Stormwater Plan (results,effectiveness, implementation schedule, etc.). 3. Documentation of any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater No --- Plan. 4. A summary of data accumulated as part of the Stormwater Plan throughout the year along with an assessment of what the data indicates in light of the No --- Stormwater Plan. 5. An assessment of compliance with the permit, information on the establishment of appropriate legal authorities, inspections, and enforcement No --- actions. IV.B Annual Reporting The Annual Reports document the following: 1. A summary of past year activities, including where applicable,specific No --- quantities achieved and summaries of enforcement actions. 2. A description of the effectiveness of each program component. No --- 3. Planned activities and changes for the next reporting period,for each No --- program component or activity. Audit Date(s): 10/21/2019 Page 6 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Program Implementation, Documentation & Assessment 4. Fiscal analysis. No Comments(Note dates that annual reports cover under current permit and generally describe report deficiencies,if any) Audit Date(s): 10/21/2019 Page 7 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Public Education and Outreach Staff Interviewed: Andrew Griffin, Public Works Director (Name,Title, Role) Christopher Todd,Town Manager Permit Citation Program Requirement Status Supporting Doc No. 11.B.2.a Goals and The permittee defined goals and objectives of the Local Public Education and No --- Outreach Program based on community wide issues. Objectives The SWMP does not currently contain specific goals. II.B.2.b The permittee maintained a description of the target pollutants and/or stressors and Target Pollutants likely sources. The town provides lists via the New Resident Packet and annual newsletter process with information regarding target pollutants. II.B.2.c The permittee identified, assessed annually and updated the description of the target No Target Audiences audiences likely to have significant storm water impacts and why they were selected. Comments(Describe any changes made,if applicable) Audit Date(s): 10/21/2019 Page 8 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Public Education and Outreach I II.B.2.d Residential The permittee described issues,such as pollutants,the likely sources of those and Industrial/ pollutants, potential impacts, and the physical attributes of stormwater runoff in Yes Commercial Issues their education/outreach program. The New Resident Packer and Newsletter contain information on pollutant sources. 11.6.2.e Informational The permittee promoted and maintained an internet web site designed to convey the partial program's message. Web Site www.laurelpark.org The town has the stormwater ordinance available for review online and a dedicated stormwater page. 11.B.2.f Public Education The permittee distributed stormwater educational material to appropriate target Materials groups. The New Resident Packer and Newsletter go to all residents. 11.B.2.g The permittee promoted and maintained a stormwater hotline/helpline for the Hotline/Help Line purpose of public education and outreach. partial The town has provided contact information via town hall for stormwater issues,but no specific hotline has been established. II.B.2.h The permittee's outreach program, including those elements implemented locally or through a cooperative agreement, included a combination of approaches designed to No reach the target audiences. Audit Date(s): 10/21/2019 Page 9 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Public Education and Outreach I Public Education and Outreach For each media,event or activity, including those elements implemented locally or Program through a cooperative agreement the permittee estimated and recorded the extent No of exposure. The primary outreach of the town has been through the newsletter and new resident information packet. Additional Per the state audit,the town will develop ways to specifically target educational materials to businesses. Comments: Audit Date(s): 10/21/2019 Page 10 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Public Involvement and Participation I Staff Interviewed: Andrew Griffin,Public Works Director (Name,Title,Role) Christopher Todd,Town Manager Permit Citation Program Requirement Status Supporting I Doc No. II.C.2.a Volunteer Community The permittee included and promoted volunteer opportunities designed to promote Yes Involvement ongoing citizen participation. Program The town conducts semi-annual litter pickups. II.C.2.b Mechanism for The permittee provided and promoted a mechanism for public involvement that Partial Public provides for input on stormwater issues and the stormwater program. Involvement The town staff and town council allow for open public involvement during typical operating hours and town council meetings. II.C.2.c The permittee promoted and maintained a hotline/helpline for the purpose of public Yes Hotline/Help Line involvement and participation. The town partners with Friends of Laurel Park as well as utilizes its own resources to promote public involvement. Audit Date(s): 10/21/2019 Page 11 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Public Involvement and Participation Additional As indicated in the 2019 State audit the town will begin the process of better document public involvement Comments: and participation. Audit Date(s): 10/21/2019 Page 12 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Illicit Discharge Detection and Elimination (IDDE) Staff Interviewed: Andrew Griffin,Public Works Director (Name,Title, Christopher Todd,Town Manager Role) Permit Citation Program Requirement Status Supporting Doc No. II.D.2.a IDDE Program The permittee maintained a written IDDE Program. No If yes,the written program includes provisions for program assessment and Not evaluation and integrating program. Applicable The town has documented ID but will created a new written process. The permittee maintained an IDDE ordinance or other regulatory mechanism(s)that Yes 9 II.D.2.b provides the legal authority to prohibit illicit connections and discharges to the MS4. Legal Authorities If yes,the ordinance applies throughout the corporate limits of the permittee. Yes 9 [Permit Part I.D] Comments II.D.2.c The permittee maintained a current map showing major outfalls* and receiving Storm Sewer Partial 7 streams. System Map The town is finalizing the major outfall map. The system developed is a GIS system that allows for multiple informational layers to be turned on and off as needed. *Major outfalls are discharges from>36"diameter pipes or drainage areas of>50 acres. In areas zoned for industrial activity,major outfalls are>12"or drainage area>2 acres. II.D.2.d The permittee maintained a program for conducting dry weather flow field Dry Weather Flow No --- observations in accordance with written procedures. Program No written program currently exists. Audit Date(s): 10/21/2019 Page 13 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Illicit Discharge Detection and Elimination (IDDE) II.D.2.e The permittee maintained written procedures for conducting investigations of Investigation Partial --- Procedures identified illicit discharges. Specific procedures for stormwater discharge are not available,overall procedures are outlined in the stormwater ordinance. II.D.2.f For each case of an illicit discharge or potential illicit discharge,the permittee documented and tracked the Track and following: Document Investigations 1. The date(s)the illicit discharge was observed No --- 2. The results of the investigation No --- 3. Any follow-up of the investigation No --- 4. The date the investigation was closed No --- The town is developing a tracking system currently using excel. This process is not extensive. II.D.2.e Employee The permittee implemented and documented a training program for appropriate Training municipal staff who, as part of their normal job responsibilities, may come into Yes 14 contact with or otherwise observe an illicit discharge or illicit connection. More extensive training programs are being developed as part of the new SWMP. II.D.2.h The permittee informed public employees of hazards associated with illegal Public Education Yes 1 and 8 discharges and improper disposal of waste. The permittee informed businesses of hazards associated with illegal discharges and Yes 1 and 8 improper disposal of waste. The permittee informed the general public of hazards associated with illegal Yes 1 and 8 discharges and improper disposal of waste. The town is developing new methods via direct mailers and social media to better disperse information for IDDE. Audit Date(s): 10/21/2019 Page 14 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Illicit Discharge Detection and Elimination (IDDE) II.D.2.i The permittee promoted, publicized,and facilitated a reporting mechanism for the Choose Public Reporting public to report illicit discharges. an item. Mechanism The permittee promoted, publicized,and facilitated a reporting mechanism for staff Choose to report illicit discharges. an item. The permittee established and implemented response procedures for citizen Choose requests/reports. an item. Comments(Generally describe reporting mechanisms and how promoted/publicized/facilitated/established) II.D.2.i The permittee implemented a mechanism to track the issuance of notices of violation Enforcement Partial --- and enforcement actions administered by the permittee. If yes,the mechanism includes the ability to identify chronic violators for Yes --- initiation of actions to reduce noncompliance. The town is currently tracking new events via excel spreadsheet to better track IDDE events. The sheet is being designed in a way to show repeat offenders through excel table formatting. Audit Date(s): 10/21/2019 Page 15 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Post-Construction Site Runoff Controls I Staff Interviewed: Andrew Griffin, Public Works Director (Name,Title, Role) Christopher Todd,Town Manager Audit Date(s): 10/21/2019 Page 16 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Post-Construction Site Runoff Controls Implementation(check all that apply): ❑ The permittee implements the components of this minimum measure. ❑X The permittee relies upon another entity to implement the components of this minimum measure: Henderson County ❑X The permittee implements the following deemed-compliant program(s), which meet NPDES MS4 post-construction requirements for the areas where implemented and in compliance with the specific program requirements as provided in 15A NCAC and noted below(Complete Session Law 2006-246 section below): ❑ Water Supply Watershed I (WS-1)—15A NCAC 213.0212 ❑ Water Supply Watershed 11 (WS-11)—15A NCAC 213.0214 ❑ Water Supply Watershed III (WS-III)—15A NCAC 213 .0215 ❑X Water Supply Watershed IV(WS-IV)—15A NCAC 2B.0216 ❑ Freshwater High Quality Waters(HQW)—15A NCAC 2H .1006 ❑ Freshwater Outstanding Resource Waters (ORW)—15A NCAC 2H .1007 ❑ Neuse River Basin Nutrient Sensitive(NSW) Management Strategy—15A NCAC 2B .0235 ❑ Tar-Pamlico River Basin Nutrient Sensitive(NSW) Management Strategy—15A NCAC 2B.0258 ❑ Randleman Lake Water Supply Watershed Nutrient Management Strategy—15A NCAC 2B.0251 ❑ Universal Stormwater Management Program—15A NCAC 2H .1020 Ordinance(s)(check all that apply): The permittee utilizes the following ordinances and/or regulatory authority to fulfill post construction minimum measure program requirements throughout the MS4 permitted area (check all that apply): ❑X DEQ model ordinance ❑X MS4 designed post-construction practices that meet or exceed 15A NCAC 02H .1000. ❑ DEQ approved comprehensive watershed plan ❑ DEQ approved ordinance for a deemed-compliant Program (see list above) Instructions: For MS4s not implementing a S.L.2006-246 deemed-compliant program, complete only the Permit Citation section below. For MS4s implementing a S.L.2006-246 deemed-compliant program, complete the Session Law 2006-246 section below. If the MS4 does not implement a deemed-compliant program throughout the entire MS4 permitted area, then complete the Permit Citation section below for the permitted area(s)not covered under the S.L. 2006-246 deemed-compliant program. Session Law 2006- supporting 246 Program Requirement Status Doc No. Audit Date(s): 10/21/2019 Page 17 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Post-Construction Site Runoff Controls Deemed-Compliant The permittee implements deemed-compliant Program requirements in Program(s) accordance with the applicable 15A NCAC rules. Yes --- The permittee implements deemed-compliant Program requirements throughout the entire MS4 area (If not also complete the Permit Citation section below.) Yes --- The permittee applies deemed-compliant Program requirements to all federal, state and local government projects within the permitted MS4 area who do not Not Applicable have their own NPDES stormwater permit. The permittee included deemed-compliant Program reporting in their MS4 Annual Reports. The permittee included deemed-compliant Program implementation in their Stormwater Management Plan. Yes --- Comments Permit Citation Program Requirement Status Supporting Doc No. II.F.2.a The permittee maintained an ordinance or other regulatory mechanism designed Legal Authority to meet the objectives of the Post-Construction Site Runoff Controls Stormwater Yes 9 Management Program. If yes,the ordinance applies throughout the corporate limits of the permittee (Verify permit coverage area listed in Part LD of permit and modify Yes 9 accordingly). The permittee has the authority to review designs and proposals for new development and redevelopment to determine whether adequate stormwater Yes --- control measures will be installed, implemented, and maintained. The permittee has the authority to request information such as stormwater plans, inspection reports, monitoring results, and other information deemed necessary to Yes --- evaluate compliance with the Post-Construction Stormwater Management Program. The permittee has the authority to enter private property for the purpose of inspecting at reasonable times any facilities,equipment, practices,or operations Yes 15 related to stormwater discharges. The Town of Laurel Park and Henderson County have a signed agreement allowing Henderson County to implement the necessary measures of the Post-Construction MS4 standards. II.F.2.b Stormwater Control The permittee utilizes strategies which include SCMs appropriate for the MS4. Yes 10 Measures(SCMs) SCMs comply with 15A NCAC 02H .1000. Yes --- Audit Date(s): 10/21/2019 Page 18 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Post-Construction Site Runoff Controls The responsibility of Henderson County lies in fulfilling the agreement between the town's and appropriate state and federal regulations. II.F.2.c The permittee conducted site plan reviews of all new development and Plan Reviews redeveloped sites that disturb greater than or equal to one acre(including sites Not that disturb less than one acre that are part of a larger common plan of Applicable development or sale). If yes,the site plan reviews addressed how the project applicant meets the No --- performance standards. If yes,the site plan reviews addressed how the project will ensure long-term No --- maintenance. At this time are no Post Construction sites in Laurel Park for review. II.F.2.d The permittee maintained an inventory of projects with post-construction Inventory of Projects structural stormwater control measures installed and implemented at new Yes --- development and redeveloped sites. The inventory included both public and private sector sites located within the permittee's corporate limits that are covered by its post-construction ordinance Yes --- requirements. An inventory has been maintained,but no post-construction projects have occurred in the period of time governed by the ordinance. II.F.2.e The permittee provided mechanisms such as recorded deed restrictions and Deed Restrictions protective covenants that ensure development activities will maintain the project Yes --- and Protective consistent with approved plans. Covenants Comments II.F.2.f The permittee implemented or required an operation and maintenance plan for Mechanism to Yes 4 the long-term operation of the SCMs required by the program. Require Long-term Operation and The operation and maintenance plan required the owner of each SCM to perform Yes 4 Maintenance and maintain a record of annual inspections of each SCM. Annual inspection of permitted structural SCMs are required to be performed by a Yes --- qualified professional. Henderson County oversees this aspect and would conduct annual inspections if there was a SCM to inspect. Audit Date(s): 10/21/2019 Page 19 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Post-Construction Site Runoff Controls II.F.2.g The permittee conducted and documented inspections of each project site covered Inspections of under performance standards,at least one time during the permit term(Verify this Not Applicable Structural is a permit condition in Part II.F.2.g of permit and modify accordingly). Stormwater Control Before issuing a certificate of occupancy or temporary certificate of occupancy,the Measures permittee conducted a post-construction inspection to verify that the permittee's performance standards have been met or a bond is in place to guarantee Not Applicable completion(Verify this is a permit condition in Part II.F.2.g of permit and modify accordingly. The permittee developed and implemented a written inspection program for SCMs installed pursuant to the post-construction program(Verify this is a permit Not Applicable condition in Part II.F.2.g of permit and modify accordingly. The permittee documented and maintained records of inspections. Not Applicable The permittee documented and maintained records of enforcement actions. Not Applicable There are no post-construction sites in Laurel Park II.F.2.h The permittee made available through paper or electronic means,ordinances, Educational post-construction requirements, design standards checklists, and other materials Materials and appropriate for developers. Yes Training for Note:New materials may be developed by the permittee, or the permittee may use Developers materials adopted from other programs and adapted to the permittee's new development and redevelopment program. Comments(If the permittee has adopted materials from other programs,indicate here which materials they are using) II.F.2.i Enforcement The permittee tracked the issuance of notices of violation and enforcement Not actions. Applicable If yes,the tracking mechanism included the ability to identify chronic violators Not for initiation of actions to reduce noncompliance. Applicable These issues are able to be tracked,but have not occurred. II.F.3.b The permittee fully complies with post construction program requirements on its New Development Yes own publicly funded construction projects. Comments Audit Date(s): 10/21/2019 Page 20 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Post-Construction Site Runoff Controls II.F.3.c Does the MS4 have areas draining to Nutrient Sensitive Waters(NSW) pursuant to Nutrient Sensitive 15A NCAC 02H .0150? No --- Waters If yes, does the permittee use SCMs that reduce nutrient loading in order to Choose meet local program requirements. an item. If yes, does the permittee also still incorporate the stormwater controls Choose required for the project's density level. an item. If yes, does the permittee also require documentation where it is not feasible to Choose use SCMs that reduce nutrient loading. an item. Comments(Provide reference for local requirements) II.F.3.d The permittee ensured that the design volumes of SCMs take into account the Design Volume Partial --- runoff at build out from all surfaces draining to the system. Where"streets" convey stormwater,the permittee designed SCMs to be sized to Choose treat and control stormwater runoff from all surfaces draining to the SCM including --- streets, driveways,and other impervious surfaces. an item. No SCM's are currently permitted Audit Date(s): 10/21/2019 Page 21 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Pollution Prevention and Good Housekeeping for Municipal Operations I Staff Interviewed: Andrew Griffin,Public Works Director (Name,Title, Role) Christopher Todd,Town Manager Permit Citation Program Requirement Status Supporting I Doc No. II.G.2.a The permittee maintained a current inventory of facilities and operations owned Facility Inventory and operated by the permittee with the potential for generating polluted No stormwater runoff. Any official inventory has not been kept. This will be created as art of the development of the new SWMP process. II.G.2.b The permittee maintained and implemented an O&M program for municipally Operation and owned and operated facilities with the potential for generating polluted No Maintenance(O&M) stormwater runoff. for Facilities Choose If yes,the 0&M program specifies the frequency of inspections. an item. If yes,the 0&M program specifies the frequency of routine maintenance Choose requirements. an item. If yes,the permittee evaluated the O&M program annually and updated it as Choose necessary. an item. This will be created as art of the development of the new SWMP process. II.G.2.c Spill Response The permittee had written spill response procedures for municipal operations. No Procedures Comments II.G.2.d Streets, The permittee evaluated existing and new BMPs that reduce polluted stormwater Roads,and Public runoff from municipally-owned streets, roads,and public parking lots within its No corporate limits annually. Audit Date(s): 10/21/2019 Page 22 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Pollution Prevention and Good Housekeeping for Municipal Operations Parking Lots If yes,the permittee evaluated the effectiveness of existing and new BMPs Choose Maintenance --- based on cost and the estimated quantity of pollutants removed. an item. Comments II.G.2.f O&M for Catch The permittee maintained and implemented an O&M program for the stormwater Basins and sewer system including catch basins and conveyance systems that it owns and No --- maintains. Conveyance Systems Comments(Briefly describe O&M program) II.G.2.g The permittee maintained a current inventory of municipally-owned or operated Structural structural stormwater controls installed for compliance with the permittee's post- No Stormwater Controls construction ordinance. Comments(Describe inventory information and number of controls in inventory) II.G.2.h The permittee maintained and implemented an O&M program for municipally- O&M for Structural owned or maintained structural stormwater controls installed for compliance with No --- Stormwater Controls the permittee's post-construction ordinance. If yes,then: The 0&M program specified the frequency of inspections and routine No --- maintenance requirements. The permittee documented inspections of all municipally-owned or maintained No --- structural stormwater controls. The permittee inspected all municipally-owned or maintained structural No --- stormwater controls in accordance with the schedule developed by permittee. The permittee maintained all municipally-owned or maintained structural No --- stormwater controls in accordance with the schedule developed by permittee. The permittee documented maintenance of all municipally-owned or No --- maintained structural stormwater controls. Comments II.G.2.i The permittee ensured municipal employees are properly trained in pesticide, Yes 14 herbicide and fertilizer application management. Audit Date(s): 10/21/2019 Page 23 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Pollution Prevention and Good Housekeeping for Municipal Operations Pesticide,Herbicide The permittee ensured contractors are properly trained in pesticide, herbicide and and Fertilizer fertilizer application management. Yes Application Management The permittee ensured all permits,certifications,and other measures for Yes applicators are followed. Comments II.G.2.j The permittee implemented an employee training program for employees involved Staff Training Yes in implementing pollution prevention and good housekeeping practices. Comments II.G.2.k The permittee described and implemented measures that prevent or minimize Vehicle and contamination of stormwater runoff from all areas used for vehicle and equipment Vow Equipment Cleaning cleaning. Vehicles and equipment are cleaned off site,at the Valley Hill Fire Department,which has onsite post construction water collection BMP's. Audit Date(s): 10/21/2019 Page 24 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Site Visit Evaluation: Municipal Facility No. 1 I Facility Name: Date and Time of Site Visit: Public Works Department 10/21/2019 Facility Address: Facility Type (Vehicle Maintenance, Landscaping,etc.): 500 Toms Drive Public Works Name of MS4 inspector(s)evaluated: Most Recent MS4 Inspection(List date and name of inspector): Andrew Griffin, Public Works Director 08/12/2019 Name(s)and Title(s)of Facility Representative(s) Present During the Site Visit: I Name Title I I IObservations I Facility Documentation/Training I Does the facility have a Stormwater Pollution Prevention Plan(SWPPP)or similar document?Is it facility-specific? No,this is being developed as part of the new SWMP program. What type of stormwater training do facility employees receive? How often? Training schedule is being developed. Inspector Training/Knowledge What type of stormwater training does the MS4 inspector receive?How often? Certification training,with the development of a new schedule currently being conducted. Did the MS4 inspector appear knowledgeable about Permit requirements for pollution prevention and good housekeeping? Yes Did the MS4 inspector appear knowledgeable about stormwater pollution prevention and good housekeeping? Yes Inspection Procedures I Does the MS4 inspector's process include the use of a checklist or other standardized form? No Does the MS4 inspector's process include taking photos? No Does the MS4 inspector's process include reviewing the facility's SWPPP(or similar document)? j/A Audit Date(s): 10/21/2019 Page 25 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Site Visit Evaluation: Municipal Facility No. 1 Does the MS4 inspector's process include walking the entire facility and inspecting all points of discharge? Yes Did the MS4 inspector miss any obvious areas of concern? If so,explain: No Does the MS4 inspector's process include presenting the inspection findings to the facility contact? No Inspection Results Did the facility inspection result in any corrective actions to be implemented?If so,for what issue(s)? No If compliance corrective actions were identified,what timeline for correction/follow-up was provided? N/A Notes/Comments/Recommendations The new inspection program is currently being developed as part of the new SWMP. Audit Date(s): 10/21/2019 Page 26 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 I Site Visit Evaluation: MS4 Outfall No. 1 I Outfall ID Number: Date and Time of Site Visit: 10/21/2019 None Yet identified Outfall Location: Outfall Description (Pipe Material/Diameter,Culvert,etc.): Shaw's Creek Farm Road Stream Crossing Receiving Water: Is Flow Present?If So,Describe(Color,Approximate Flow Rate, Shaw Creek(WS-IV) Sheen,Odor, Floatables/Debris,etc.): Most Recent Outfall Inspection/Screening(Date): None Observed August 12,2019 Days Since Last Rainfall: Inches: 1 1.25 Name of MS4 Inspector(s)evaluated: Andrew Griffin,Public Works Director Observations I Inspector Training/Knowledge I What type of stormwater training does the MS4 inspector receive?How often? Certification training,no formal schedule Did the MS4 inspector appear knowledgeable about illicit discharge indicators and investigations? Yes Inspection Procedures Does the inspector's process include the use of a checklist or other standardized form? No Does the inspector's process include taking photos? No Did the MS4 inspector miss any obvious potential illicit discharge indicators or maintenance issues? If so,what were they? No Audit Date(s): 10/21/2019 Page 27 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 Site Visit Evaluation: MS4 Outfall No. 1 I Inspection Results I Did the outfall inspection result in any work orders or maintenance requests? If so,for what issue(s)? No Will a follow-up outfall inspection be conducted?If so,for what reason? No Notes/Comments/Recommendations Audit Date(s): 10/21/2019 Page 28 of 29 MS4 Permit Audit Report Laurel Park, NC: NPDES Permit No. NCS000478 APPENDIX A: SUPPORTING DOCUMENTS Audit Date(s): 10/21/2019 Page 29 of 29 'slu!paseq-dos yilm jaded papba,%OoI uo palund IIIIIIIIIIIIIIIIIs.,,,,,,IIIIIIIII''I sapiludo untu 8ugedpn,ed dq pue•pund JaA!g uoaE!g 1211l ayi dq pap!Aad Su!pund-d oD iad£I'$io'00.00ZS$3o lsw a le palupd aiam amyoo,q slyl;o saldw 000'6£'3u!•uopwisnpl�u8!sap o!dq lnodel pue sD!ydeirq;uieap aq1 uMop H'S'f1Pue�m•uopwlsnll!gv8!sappo! 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PUMPING and ILLICIT CONNECTIONS Stormwater runoff is water from OHS rain or melting snow that"runs off"across the land instead of Illegal,Irresponsible—You Can Help End It seeping into the ground. In addition to picking up pollutants from the land,stormwater runoff also gets polluted by people dumping in storm drains,and from illegal(illicit)hook-ups to the pipes that carry rainwater to the streams. .Municipal wastewater and Household Water: stormwater are carried in toilets,sinks,etc. , separate pipes. .Stormwater drains directly to waterways without any t" filtering or cleaning. This runoff usually •Municipal waste(sewage) 7-mr, flows into the nearest goes to a treatment plant for stream,creek,river, cleaning before being or lake.On its way,runoff picks up many released to waterways. pipe substances that pollute our water.These •Runoff is not treated in any 1 , storm tunnel include pesticides,fertilizers,oil,soap,pet way before it reaches creeks s underground drain systems. waste,leaves and grass clippings.It also and streams. includes sediment from construction ror e EVERYTHING that goes into a agricultural land.Runoff can also be created by watering, storm drain or drainage ditch goes carwashosing down directly to nearby streams. hosing down _ decks or pavement,or any other activity . that puts water on the ground. Stormwater Illegal dumping down runoff is also a storm drain. : called non-point source(NPS)pollution, because it comes from across the landscape, rather than from a single point like a Water pollution-a direct result of dumping or discharge pipe from a factory. Illegal connection. illicit connections to the storm drain system. FLOODING and EROSION A few community activities in which you or group Excess runoff causes property damage and economic loss can participate: As urban and suburban development increase,stormwater runoff increases. � •Stream Clean Up Wherever permeable land,like Big Sweep-annual statewide clean up. fields or woodlands,is replaced , Adopt-a-Stream-dean up and monitor with impermeable surfaces,like a particular stretch of stream on a more roofs,driveways,parking lots or , frequent basis. roads,water that used to , soak into the ground now In Buncombe County,contact runs off the surface. Riverlink for Adopt-a-Stream, at(828)252-8474; riverkeeper@riverlink.org. Quality Forward for Big Sweep,at (828)254-1776;info@qualityforward.org. In Henderson County,contact the Environmental and In addition to picking ni Conservation Organization(ECO) up pollutants as it flows, at(828)692-0385;eco@eco-wnc.oYg. this increased volume of runoff increases flash In Haywood County,contact flooding and erosion of , Haywood Waterways Association streambanks. t . at(828)452-9077; '' , info@haywoodwaterways.org. The result is economic loss •Label storm drains. from property damage, loss of the beauty of our Contact your • mountain streams,and , local stormwater loss of rich aquatic ecosystems. program M - (see back). 02007 du Ma.U11.1i.g.Jn BEST MANAGEMENT PRACTICES—B M PS are simply the most environmentally sound way of doing something. Whether you're mowing the lawn,painting the den,cleaning out the garage,changing your oil,tending your roses,walking the dog, washing the car,or anything else—awareness of what goes down the drain can help protect our streams. PLEASE DON'T DUMP! Remember—storm drains and drainage •Rinse paint brushes used for water-based paint in an •Direct rainwater from your downspouts into ditches lead directly inside sink or tub. a vegetated area,or use a rainbarrel to collect to streams.They are •Use paint thinner to rinse brushes used for oil-based rainwater.Use collected water for landscape NOT an outside paint;then filter and re-use the paint thinner. irrigation,or simply release it slowly over •Dispose of an old or leftover paint thinner, several days to a vegetated area or to the storm utility sink. P Y P drain system. household cleaners,leftover paint,solvents,etc. Only rainwater through a hazardous waste collection program. 'wash your car at a commercial car wash where should go down a Store these products in tightly sealed containers,off water is treated and recycled. Storm drain. the ground,in moderate temperatures,until you can •If you must wash your car at home,do so on take them to a pick-up site. grass,or some location where the runoff will Never dump or sweep anything in a •Drain vehicle fluids(oil,anti-freeze,brake fluid)to flow to a vegetated area,not to the street or ditch or gutter,on the ground,or down a a clean container,seal tightly,and dispose of fluid gutter.Use only non-toxic biodegradable soap, storm drain— AND used filters at a used oil collection site(many and use soap and water sparingly.Use a hose automotive shops serve as collection sites). with a shut-off nozzle and turn off the water •No used oil or other vehicle fluids. •Use only non-toxic,biodegradable cleaners for whenever not directly spraying on the car. •No leftover paint,paint thinner, outside washing—decks,siding,parking slab,etc. •Use lawn and garden products(fertilizers, sealants,primers,etc. Better yet,use just water. herbicides,pesticides)sparingly.Read labels •No grass clippings or other and •Clean u an spills(oil,anti-freeze,paint,solvents, carefully and only apply the amount needed. $ Y P Y P P DO NOT APPLY if the weather forecast calls for debris(it is okay to leave clippings on etc.)from the driveway,sidewalk,or parking slab, rain.Clean up any spills. the lawn to compost into the soil, so they are not washed into the storm drain system. P Pour kitty litter over the spill,then sweep up,bag, 'Before draining a swimming pool,wait at least but not near the curb or a ditch). ' and dispose at a hazardous waste pick-up site(if five days after the last addition of chlorine. •No pet waste. available),or in the trash. •No household cleaners. •Scoop up pet waste and dispose of it in the trash. •No leftover fertilizer,pesticides, For more information on what you can •Inspect your septic system and drain field annually, do at home and at work,visit herbicides,or fill dirt. � and pump out the tank at least every three years. www.WNCstormwaterorg N OTHI NG but rain -immediately your car for leaks regularly,and fix them Or contact your local Stormwater immediately to prevent accumulations of oil or down the drain! other fluids on pavement. Program listed on the back. TOWN OF LA. URNET ,,jP- ,ARK aa�m STORMWATER PHASE II POST CONSTRUCTION ANNUAL INSPECTION REQUIREMENTS Date Property Owner/ Homeowner Association RE: Annual Inspection for Structural Stormwater BMP(s) located on site Dear Property Owner/HOA, It is that time when the structural stormwater Best Management Practice (BMP) has been in place for one year or more and is ready for its required annual inspection. The Town of Laurel Park has a Water Supply Watershed Ordinance that was adopted in January 30, 1997, and can be found in the Code of Ordinances— Article XVI. When this development was issued a water supply watershed permit, the developer was required to install a structural stormwater BMP to treat water quality. I have enclosed the required form to be completed by a design professional and submitted by to our office within thirty(30)days of receipt. We appreciate your cooperation in this matter and if you need any assistance please do not hesitate to contact us direct at (828) 694-6553 or nberry@hendersoncountync.gov. Respectfully, Natalie J. Berry, P.E. Water Quality Administrator 100 N. King Street, Suite 118, Hendersonville, NC 28792 (828) 694-6553 TOWN OF LAUREL PARK ■w was eawbw Storm Water Operations and Maintenance Inspection Report Date: Stormwater Permit No. SW- Property Owner/Subdivision Name/Lot Owner: Responsible Party: ❑ Individual ❑ HOA ❑ Other If HOA, Current President: Mailing Address: City: State: Zip Code: Phone No. Cell Email Type of Stormwater being inspected ❑ Dry Detention ❑ Wet Detention ❑ Bio-Retention Area ❑ Constructed Wetland ❑ Underground storage ❑ Level Spreader ❑Rain Garden ❑ Detention Swale ❑ Other Please Check all Boxes either YES, NO, or N/A. Has the system been modified from the As Built plans? ❑ yes ❑ No If yes please describe the modifications. Do the modifications change the designed capacity and, or the ❑ Yes ❑ No ❑ N/A designed function of the system? If the system is located in a common area is there any encroachment ❑ Yes ❑ No from surrounding property owners on ponds and or easements? Is there any evidence of erosion at pond overflow spillways, or at downstream toe of drop structures, or in grass channels or swells? ❑ Yes ❑ No If the answer to any of the above is yes please describe Is there evidence of sedimentation build up in any detention / retention areas, ❑ Yes ❑ No If the answer is yes please describe In vegetated areas, is there evidence of invasive plant species? ❑ Yes ❑ No ❑ N/A Is there any visual settlement, or horizontal misalignment of the stormwater dam, ❑ Yes ❑ No or animal burrows, or cracking, bulging, or sliding of dam? If the answer to any of the above is yes please describe Has the pond drain valve been exercised? ❑ Yes ❑ No ❑ N/A❑ What is the overall condition of the facility? ❑ Excellent ❑ Good ❑ Fair ❑ Poor Please list any maintenance problems or repairs that need to be made immediately or in the near future to insure the continued proper operation of the stormwater facility. 2 1 P a g e FORM 2015-001 REV A I a licensed to (Name) (Title) practice in the state of North Carolina do hereby certify that I inspected the above-named site on the day of , 20 and that all controls and features are in compliance with the terms and conditions of the approved maintenance agreement required by this ordinance. signature (seal) 1 a (Name) (Title) licensed to practice in the state of North Carolina do hereby certify that I inspected the above named site on the day of , 20 and that all controls and features are not in compliance with the terms and conditions of the approved maintenance agreement required by this ordinance. signature (seal) 3 1 P a g e FORM 2015-001 REV A Operation & Maintenance Agreement Project Name: Project Location: Cover Page Maintenance records shall be kept on the following BMP(s). This maintenance record shall be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired, or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the BMP(s). The BMP(s)on this project include (check all that apply&corres onding O&M tables will be added automatically): Bioretention Cell Quantity: Location(s): Dry Detention Basin Quantity: Location(s): Grassed Swale Quantity: Location(s): Green Roof Quantity: Location(s): Infiltration Basin Quantity: Location(s): Infiltration Trench Quantity: Location(s): Level Spreader/VFS Quantity: Location(s): Permeable Pavement Quantity: Location(s): Proprietary System Quantity: Location(s): Rainwater Harvesting Quantity: Location(s): Sand Filter Quantity: Location(s): Stormwater Wetland Quantity: Location(s): Wet Detention Basin Quantity: 0 Location(s): Disconnected Impervious Area Present: No Location(s): User Defined BMP Present: No Location(s): I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed for each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any changes to the system or responsible party. * Responsible Party: Title &Organization: Street address: City, state, zip: Phone number(s): Email: Signature: Date: I, a Notary Public for the State of County of do hearby certify that personally appeared before me this day of and acknowledge the due execution of the Operations and Maintenance Agreement . Witness my hand and official seal, ST - 12/17/2019 Version 1.4 O&M Manual Page 1 of 2 Seal My commission expires STORM-EZ 12/17/2019 Version 1.4 O&M Manual Page 2 of 2 TOWN OF LAUR f 4=pas ,,PARK WATER SUPPLY WATERSHED ANNUAL INSPECTION REQUIREMENTS Date Property Owner/ Homeowner Association RE: Annual Inspection for Structural Stormwater BMP(s) located on site Dear Property Owner/HOA, It is that time when the structural stormwater Best Management Practice (BMP) has been in place for one year or more and is ready for its required annual inspection. The Town of Laurel Park has a Water Supply Watershed Ordinance that was adopted in January 30, 1997, and can be found in the Code of Ordinances— Article XVI. When this development was issued a water supply watershed permit, the developer was required to install a structural stormwater BMP to treat water quality. I have enclosed the required form to be completed by a design professional and submitted by to our office within thirty(30) days of receipt. We appreciate your cooperation in this matter and if you need any assistance please do not hesitate to contact us direct at (828) 694-6553 or nberry@hendersoncountync.gov. Respectfully, Natalie J. Berry, P.E. Water Quality Administrator 100 N. King Street, Suite 118, Hendersonville, NC 28792 (828) 694-6553 Henderson County USE ONLY Date Received Fee Paid Permit Number Applicable Rules: ❑Ph II-Post Construction (select all that apply) ❑Non-Coastal SW-HQW/ORW Waters Henderson County, North Carolina Water Resource Department � g STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Project Name(subdivision,facility,or establishment name-should be consistent with project name on plans, specifications,letters,operation and maintenance agreements,etc.): 2. Location of Project(street address): City: County: Zip: 3. Directions to project(from nearest major intersection): 4. Latitude: 0 1 " N Longitude: 0 "W of the main entrance to the project. II. PERMIT INFORMATION: 1.a.Specify whether project is(check one): ❑New ❑Modification ❑Renewal w/ Modificationt H tRenewals with modifications also requires HC-102-Renewal Application Form b.If this application is being submitted as the result of a modification to an existing permit,list the existing permit number ,its issue date(if known) ,and the status of construction: ❑Not Started ❑Partially Completed* ❑ Completed* *provide a designer's certification 2. Specify the type of project(check one): ❑Low Density ❑High Density ❑Drains to an Offsite Stormwater System []Other 3. If this application is being submitted as the result of a previously returned application or a letter from Henderson County requesting a HC stormwater management permit application,list the stormwater project number,if assigned, and the previous name of the project,if different than currently proposed, 4.a.Additional Project Requirements (check applicable blanks: ❑CAMA Major ❑Sedimentation/Erosion Control: ac of Disturbed Area ❑NPDES Industrial Stormwater ❑404/401 Permit:Proposed Impacts b.If any of these permits have already been acquired please provide the Project Name,Project/Permit Number, issue date and the type of each permit: 5. Is the project located within 5 miles of a public airport? ❑No ❑Yes If yes,see S.L.2012-200, Part VI Form HC-101 Version-June 19,2018 Page 1 of 6 III. CONTACT INFORMATION 1.a.Print Applicant/ Signing Official's name and title(specifically the developer,property owner,lessee, designated government official,individual,etc.who owns the project): Applicant/Organization: Signing Official&Title: b.Contact information for person listed in item 1a above: Street Address: City: State: Zip: Mailing Address(if applicable): City: State: Zip: Phone: ( ) Fax: ) Email: c.Please check the appropriate box.The applicant listed above is: ❑ The property owner(Skip to Contact Information,item 3a) ❑ Lessee*(Attach a copy of the lease agreement and complete Contact Information,item 2a and 2b below) ❑ Purchaser*(Attach a copy of the pending sales agreement and complete Contact Information,item 2a and 2b below) ❑ Developer*(Complete Contact Information,item 2a and 2b below.) 2.a.Print Property Owner's name and title below,if you are the lessee,purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/Organization: Signing Official&Title: b.Contact information for person listed in item 2a above: Street Address: City: State: Zip: Mailing Address(if applicable): City: State: Zip: Phone: ( ) Fax: ( ) Email: 3.a. (Optional)Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Person/Organization: Signing Official&Title: b.Contact information for person listed in item 3a above: Mailing Address: City: State: Zip: Phone: ( ) Fax: ( ) Email: 4. Local jurisdiction for building permits:Henderson County Permits and Inspections Point of Contact: Crystal Lyda Phone#: (828 ) 694-6510 Form HC-101 Version-June 19,2018 Page 2 of 6 IV. PROJECT INFORMATION 1. In the space provided below,briefly summarize how the stormwater runoff will be treated. 2.a.If claiming vested rights,identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUD Approval Date: ❑Valid Building Permit Issued Date: ❑ Other: Date: b.If claiming vested rights,identify the regulation(s)the project has been designed in accordance with: ❑ Coastal SW-1995 ❑ Ph II-Post Construction 3. Stormwater runoff from this project drains to the_French Broad or_Broad River-River basin. 4. Total Property Area: acres 5. Total Coastal Wetlands Area: N/A acres 6. Total Surface Water Area: acres 7. Total Property Area(4) -Total Coastal Wetlands Area(5) -Total Surface Water Area (6) =Total Project Area+: acres + Total project area shall be calculated to exclude the following: the normal pool of impounded structures, the area between the banks of streams and rivers, the area below the Normal Hi h Water(NHW)line or Mean High Water (MHW) line,and coastal wetlands landward from the NHW(or MHI line. The resultant project area is used to calculate overall percent built upon area(BUA). Non-coastal wetlands landward of the NHW(or MHR9 line may be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area/ Total Project Area)X 100 = % 9. How many drainage areas does the project have? (For high density, count 1 for each proposed engineered stormwater BMP. For low density and other projects, use 1 for the whole property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project,attach an additional sheet with the information for each area provided in the same format as below. Basin Information Drainage Area_ Drainage Area_ Drainage Area_ Drainage Area Receiving Stream Name Stream Class* Stream Index Number Total Drainage Area(sf) On-site Drainage Area(so Off-site Drainage Area(sf) Proposed Impervious Area** sf % Impervious Area** total Impervious—Surface Area Drainage Area_ Drainage Area_ Drainage Area_ Drainage Area On-site Buildings/Lots(sf) On-site Streets (sf) On-site Parking(so On-site Sidewalks(so Other on-site(so Future(sf) Off-site(so Existing BUA***(sf) Total(so: * Stream Class and Index Number can be determined at: http.aortal.ncdenr.or web/wq[ps/csu/classifications Impervious area is defined as the built upon area including, but not limited to, buildings, roads,parking areas, sidewalks,gravel are a(not landscape areas),etc. 'Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that is to be removed and which will be replaced by new BUA. Form IIG 101 Version-June 19,2018 Page 3 of 6 11. How was the off-site impervious area listed above determined?Provide documentation. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M)forms must be submitted for each BMP specified for this project. VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Henderson County Water Resources Department. A complete package includes all of the items listed below. A detailed application instruction sheet is available at https//www.hendersoncoun!ync.goy/waterresources/page/post-construction- stormwater-management.The complete application package should be submitted to Henderson County Division of Water Resources. Please indicate that the following required information have been provided by initialing in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Initials 1. Original and one copy of the Stormwater Management Permit Application Form. 2. Original and one copy of the signed and notarized Deed Restrictions&Protective Covenants Form. (if required as per Part VII below) 3. Original of the applicable Supplement Form(s) (sealed,signed and dated) and O&M agreement(s)for each BMP. 4. Permit application processing fee of make check payable to Henderson County. See Fee Schedule located at httpsVlwww.hendersoncountync.gov/waterresources/page/approved- fees fy-2018-2019-0 5. A detailed narrative (one to two pages) describing the stormwater treatment/managementfor the project. This is required in addition to the brief summary provided in the Project Information, item 1. 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the receiving stream drains to class SA waters within 1/2 mile of the site boundary,include the 1/2 mile radius on the map. 7. Sealed,signed and dated calculations(one copy). 8. Two sets of plans folded to 8.5" x 14" (sealed,signed,&dated),including: a. Development/Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. d. Legend. e. North arrow. f. Scale. g. Revision number and dates. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures,the banks of streams and rivers,the MHW or NHW line of tidal waters,and any coastal wetlands landward of the MHW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures,the banks of streams or rivers,and the MHW(or NHW)of tidal waters. i. Dimensioned property/project boundary with bearings&distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours,proposed contours,spot elevations,finished floor elevations. 1. Details of roads,drainage features,collection systems,and stormwater control measures. m.Wetlands delineated,or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off-site),drainage easements,pipe sizes,runoff calculations. o. Drainage areas delineated (included in the main set of plans,not as a separate document). p. Vegetated buffers(where required). 9. Copy of any applicable soils report with the associated SHWT elevations (Please identify elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5"x11" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs,the report should also include the soil type,expected infiltration rate,and the method of determining the infiltration rate. Form HC-101 Version-June 19,2018 Page 4 of 6 10. A copy of the most current property deed.Deed book: Page No: 11. For corporations and limited liability corporations (LLC):Provide documentation from the NC Secretary of State or other official documentation,which supports the titles and positions held by the persons listed in Contact Information,item 1a,2a,and/or 3a per 15A NCAC 2H.1003(e).The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State,otherwise the application will be returned.-http://www.sosnc.gov/corporations/ VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions,outparcels,and future development,the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary,a table listing each lot number,lot size,and the allowable built-upon area must be provided as an attachment to the completed and notarized deed restriction form. In the instances where the applicant is different than the property owner,it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s)below,the permit holder(s)certify that the recorded property restrictions and protective covenants for this project,if required,shall include all the items required in the permit and listed on the forms available on the website,that the covenants will be binding on all parties and persons claiming under them,that they will run with the land,that the required covenants cannot be changed or deleted without concurrence from the Henderson County,and that they will be recorded prior to the sale of any lot. VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm(such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project(such as addressing requests for additional information). Consulting Engineer: Consulting Firm: Mailing Address: City: State: Zip: Phone: ( ) Fax: ( ) Email: IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) I, (print or type name of person listed in Contact Information, item 2a) certify that I own the property identified in this permit application,and thus give permission to(print or type name of person listed in Contact Information, item 1a) with(print or type name of organization listed in Contact Information, item 1a) to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal,which indicates the party responsible for the operation and maintenance of the stormwater system. Form HC-101 Version-June 19,2018 Page 5 of 6 As the legal property owner,I acknowledge,understand,and agree by my signature below,that if my designated agent(entity listed in Contact Information,item 1) dissolves their company and/or cancels or defaults on their lease agreement,or pending sale,responsibility for compliance with the Henderson County Stormwater permit reverts back to me,the property owner.As the property owner,it is my responsibility to notify Henderson County Water Resources Department immediately and submit a completed Name/Ownership Change Form within 30 days;otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day,pursuant to NCGS 143-215.6. Signature: Date: I, a Notary Public for the State of County of do hereby certify that personally appeared before me this_day of ,and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL My commission expires X. APPLICANT'S CERTIFICATION I, (print or type name of person listed in Contact Information, item 1a) certify that the information included on this permit application form is,to the best of my knowledge,correct and that the project will be constructed in conformance with the approved plans,that the required deed restrictions and protective covenants will be recorded,and that the proposed project complies with the requirements of the applicable stormwater rules under 15A NCAC 2H.1000 and any other applicable state stormwater requirements. Signature: Date: I, a Notary Public for the State of County of do hereby certify that personally appeared before me this_day of ,and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL My commission expires Form HC-101 Version-June 19,2018 Page 6 of 6 0 0 N ro r 0.i D r - lr _• o, c � C3 o y a so � w � Z w a • � Q• C • •IfICI • (0 . se • •• • ••N •ti_ °�• W 2 ••=4 •• w -� • ••to c as o i Y, • ti • • • U qp •• • 7E y. � o M • d~ • • i • • . Id N H� m 0� ua Sued f,a • • 'o ay of �•� • 9 ' JQ 4jp�u6� d • • �J�yo+PS � °b ul v, 3 3 0 � � V y L N ti • m O L LL C A 3 0 ••• 0 n 3 TOWN OF LAUREL PARK Quarterly Newsletter X April -June 2018 www.laurelpark.org volume 21, issue 2 Donor Pavers Available N A T U R E P A R K Interested in purchasing a paver? Through 2018, pavers will be ordered and installed by the end of Opening Celebration the month after the paver order form is submitted. For example, pavers ordered April 1-April 30 will be Arbor Day - Friday, April 27 th installed by May 315Y. Look for the order form on the Town's website or pick up one in the office. The 4:00 pm — 7:00 pm below paver options are available: 4:00 pm History Walk Paver Lines Charactem size(in) of Text per flne American Chestnut $1,000+ 12 x 12 G 19 5:00 pm Ribbon Cutting 0. $500-$999 12 x s s 19 Mountain Laurel $200-$499 8 x 8 4 13 5:30 - 7:00 pm Enjoy the Park and "Ask Rhododendron $100-$199 8 x4 3 13 the Experts"! Donations for Rhododendron Lake Nature Park are Ask the Experts! The park will be filled with tax deductible under section 170(c)(1) of the IRS professionals and experts to answer a variety of Code. Please consult your tax advisor regarding questions, including the following organizations/ your specific tax situation. areas of community interest: Since July, almost $35,000 has been donated for Master Gardeners°o°e Conserving Carolina °o°e pavers, benches, and the fitness stations! America in Bloom °o°e Cooperative Extension Volunteer! April 7th 9am-11am Trout Unlimited °o°e Landscape Architecture°o°u Saturday, April 71" the Parks & Greenways Board Blue Ridge Humane Society 0% is sponsoring a workday in the park, from 9:00- Wild Birds Unlimited °o°e and more! 11:00 a.m. Volunteers are asked to bring any tools they may find of use - gloves, shovel, pruning Enjoy the Park! Bring a picnic, chairs and shears, etc. If you're interested in helping, email blanket. BYOB (beer& unfortified wine) allowed. Mayor O'Cain at mayor@laurelpark.org. If you're Parking available along Lake Drive, Primrose Lane, interested in helping but can't make the 71", he First Congregational Church, Laurel Green Park, can put you in touch with the new Laurel Park and Town Hall. Rain or Shine (tented event). Garden Club, too! Footwear should be appropriate to gravel paths. NEW MAGNETS AVAILABLE With the change in the Police dispatch Thankyou to the Friends of Laurel Park for assisting number, we have new magnets available with the planning and sponsorship of this event. for Town residents. Stop by Town Hall to pick up yours today! Budget Process Underway POLITICAL Every spring the Town Council and staff craft the SIGNS. annual budget. The Town's fiscal year begins July 1, and ends June 30, so the budget being prepared There are a few is referred to as the 2018—2019 Budget. guidelines to At the Council retreat on March 9th, the Council set follow when goals for the coming year that will be included in placing political signs in Laurel Park: Signs are the budget preparation — some of the highlights are: allowed 60 days before an election and must be • No change to the tax rate of $0.43 ($0.095 is removed 3 days after. For this year, it means for Valley Hill fire protection) signs could be placed beginning March 9th for • Continue to fund road maintenance and storm the primary, and must be removed no later than drainage at least $200,000, • Continued removal of invasive plants on Town May 121h. For the November 61h general property; election, signs may be placed September 7t1 — • Continue to work with NCDOT on the plans for November 10th US64. The FY 2019 budget will be formally presented to No more than 2 signs per candidate or issue the Council at its Work Session at 9:30 a.m. on are permitted per property, and signs cannot be Thursday, May 10th. After the presentation a larger than 4 square feet, or more than 4 ft tall. copy of the proposed budget will be available for public review at Town Hall and posted on the Signs are not permitted on trees, utility poles, Town's website. A public hearing will be held prior Town property or the road right-of-way. Since to adoption at the Regular Meeting at 9:30 a.m.on June 19 . right-of-way can vary throughout town, a good rule of thumb for political signs is to keep them 2017 PROPERTY TAX UPDATE at least 4 feet from the edge of the road. If a Outstanding taxes as of February 1, 2018: sign is collected by Town staff, it can be picked Total Levy $ 1,530,680.13 up at Town Hall during regular business hours. Payments Received $ 1,474,651.85 Levy Balance Due (principal) $ 54,929.74 Zoning Ordinance Review Interest/Penalties Due $ 1,098.54 For over a year, the Planning Board has been conducting a full review of the Town's Zoning Total Levy Balance Due $ 56,028.28 Ordinance.The goal is to provide better usability, Collection Rate 96.30% clarify definitions, and create and incorporate two recommended zoning districts from the 2026 Notices to delinquent taxpayers will be mailed in Comprehensive Plan. April. The names of taxpayers with taxes It will be late summer or early fall before a full remaining delinquent will be advertised in the draft is available for review and recommendation newspaper& posted at Town Hall in early May. to the Town Council. Draft versions of the ordinance are available at www.laurelpark.org/zoningreview. Brush Collection Begins April 2nd Brush placed out after April 1 st is the responsibility of the resident for removal. Limbs & branches cannot be more than 3" in diameter. Every effort is made to collect brush as quickly as possible, but it is a process that can take 4-6 weeks to complete. Missed Trash Pickup? Occasionally Waste Pro will overlook a resident's trash cans. If your materials were properly placed at the roadside by 7:30 a.m. on Thursday (trash day), and aren't collected by 5:00 p.m., please contact Town Hall by 10:00 a.m. on Friday to report. FROM THE YMILF ALL Spring Safety Tips: CHIEF'S DESK Before a Wildfire Current Items: We are now kNow6 Threatens Your Area dispatched by Hendersonville Police Department (HPD). The spring fire season usually This enhances our services starts in March and ends when most trees have by adding the technology greened out, usually around late May. Valley needed to be more efficient Hill Fire & Rescue wants you to be prepared. and increase officer safety. Here are some action steps you can take to help The LP Officers now have the ability to view protect your home and property. and document all facets of the job from the patrol vehicle! ➢ Clear leaves and The only change for our residents is the contact other debris from number for Dispatch. Please save the number to HPD'S Non-Emergency line: 828-697-3025. roofs, gutters, a porches and decks All 911 calls go directly to HPD. For assistance or to report: ➢ Remove dead Emergency: 911 vegetation and Non-Emergency: other items from LPPD: 828-692-9399 under your porch Officers' Cell: 828-674-0203 or deck and within 10 feet of your home. Hendersonville PD: 828-697-3025 ➢ Remove flammable materials (wood piles, propane tanks) away from your home's In early March we had a major event on Laurel foundation, garages and sheds. Park Highway, with a tree and two power lines ➢ Prune trees so that the lowest branches are 6 down. When such events occur,please be mindful of the to 10 feet above the ground. barricades. If barricades/signs ➢ Keep your lawn hydrated and maintained. are in a lane of travel, you Dry grass and shrubs are fuel for a fire. cannot go around them. If we ➢ Screen in areas below patios and decks with use yellow tape to mark off a wire mess to prevent debris and combustible section, you cannot take it down. This is for materials from accumulating. your safety. Have questions? Contact Valley Hill Safety Officer Chris McDowell at 692-2581 Ext. 105 We recognized that we need additional signage and we are in the process of obtaining o Upcoming equipment. Lastly, I would also like to pg Friends of �� sO encourage everyone to take the time to learn Laurel Park EventsQ� different routes to your residence. We have aly � many roads throughout LP and various ways to The Friends of Laurel Park(FLP) is �GRe a non-profit separate from Town, get to the top of Mountain. formed by Town residents to benefit Laurel Park as a community. The organization hosts Total Events: December 2017 — February events both with and without the Town's assistance 2018 on logistics and public information. This year the FLP Total:10,552 is continuing some beloved events from the Laurel Area Security Checks: 4,227 Park Civic Association. Upcoming events include: Business Checks: 2,384 April 14t"—Spring Roadside Clean-up, Meet at Residential Checks: 2,813 Town Hall at 9:00 am Accidents: 17 Vehicle Stops: 131 April 27t"—RLNP Opening Celebration Citations: 47 May 12t"—Child Seat Safety with LPPD Arrests: 9 June 2nd—Jump Off Rock Music Festival Animal Calls: 5 For more information, visit the FLP website at - Chief Bobbie Trotter www.friendsoflaurelpark.org TOWN OF LAUREL PARK 441 White Pine Drive Laurel Park, NC 28739-0910 Mayor: Town Hall 693-4840 Public Meeting Schedule J. Carey O'Cain 9:00 am-5:00 pm Mon - Fri Meetings held at Town Hall, • Tax Collection unless otherwise noted Mayor Pro-Tem: . Utility Billing Town Council Regular Meeting Robert O. Vickery Sanitation 3rd Tuesday @ 9:30 a.m. Commissioners: Zoning Town Council Work Session A. Paul Hansen Public Works 692-7568 Thursday prior to Regular -am 6:30 5:30 m Mon-Thurs Meeting @ 9:30 a.m. Nancy P. McKinley p Parks&Greenways Board George W. Banta After hours 697 3025 2nd Tuesday @ 9:00 a.m. • Water/Sewer Manager: Alison Alexander Planning Board Street 2nd Tuesday @ 3:00 p.m. Town Clerk: Kim Hensley Police Office 692-9399 ABC Board Police Chief: Bobbie Trotter (non-emergency) 41"Tuesday @ 8:30 a.m. Public Works Superintendent: Police Mobile 674-0203 at the ABC Store Andrew Griffin (non-emergency) Zoning Board of Adjustment Carried 24/7 by an on-duty Every other month (odd); officer Thursday prior to Regular Council Valley Hill Fire 692-2581 meeting @ 4:00 p.m. (non-emergency) Notable Dates April 1 Last Day to Place Brush for Collection April 2 Brush Collection Begins-no more brush can be placed April 14 FLP Spring Clean-Up-9 a.m. meet at Town Hall May 12 Child Seat Safety—8 am-12pm at First Congregational Church May 28 Memorial Day-Town Offices Closed June 2 Jump Off Rock Music Festival July 4 Independence Day-Town Offices Closed Chapter 8, Article XXXV STORMWATER MANAGEMENT ORDINANCE LAUREL PARK, NORTH CAROLINA Adopted : January 15, 2008 ARTICLE 1: GENERAL PROVISIONS ........................................................................... 3 100 TITLE ...................................................................................................................... 3 101 AUTHORITY.......................................................................................................... 3 102 FINDINGS............................................................................................................... 3 103 PURPOSE................................................................................................................4 104 APPLICABILITY AND JURISDICTION.............................................................. 5 105 INTERPRETATION................................................................................................ 6 106 DESIGN MANUAL................................................................................................ 8 107 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE AGREEMENTS.............................................................................................................. 9 108 SEVERABILITY..................................................................................................... 9 109 EFFECTIVE DATE AND TRANSITIONAL PROVISIONS ................................ 9 ARTICLE 2: DEFINITIONS............................................................................................ 11 200 TERMS DEFINED................................................................................................ I I ARTICLE 3: ADMINISTRATION AND PROCEDURES............................................. 14 300 REVIEW AND DECISION-MAKING ENTITIES .............................................. 14 301 REVIEW PROCEDURES..................................................................................... 15 302 APPLICATIONS FOR APPROVAL.................................................................... 18 303 APPROVALS........................................................................................................ 20 304 APPEALS.............................................................................................................. 21 ARTICLE 4: STANDARDS ............................................................................................ 22 400 GENERAL STANDARDS.................................................................................... 22 401 DEVELOPMENT STANDARDS FOR LOW DENSITY PROJECTS................22 402 DEVELOPMENT STANDARDS FOR HIGH DENSITY PROJECTS............... 23 403 STANDARDS FOR STORMWATER CONTROL MEASURES .......................24 404 DEDICATION OF BMPs, FACILITIES AND IMPROVEMENTS....................25 405 VARIANCES.........................................................................................................25 ARTICLE 5: MAINTENANCE....................................................................................... 26 500 GENERAL STANDARDS FOR MAINTENANCE.............................................26 501 OPERATION AND MAINTENANCE AGREEMENT....................................... 27 502 INSPECTION PROGRAM ................................................................................... 29 503 PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE .......................................................................................................................................29 504 NOTICE TO OWNERS......................................................................................... 31 505 NUISANCE........................................................................................................... 31 ARTICLE 6: ENFORCEMENT AND VIOLATIONS.................................................... 33 600 GENERAL............................................................................................................. 33 601 REMEDIES AND PENALTIES............................................................................ 34 602 PROCEDURES...................................................................................................... 36 ARTICLE 7: ILLICIT DISCHARGES ............................................................................ 38 700 ILLICIT DISCHARGES AND CONNECTIONS................................................. 38 2 ARTICLE 1 : GENERAL PROVISIONS 100 TITLE This ordinance shall be officially known as "The Phase II Stormwater Ordinance." It is referred to herein as "this ordinance." 101 AUTHORITY The Town of Laurel Park is authorized to adopt this ordinance pursuant to North Carolina law, including but not limited to Article 14, Section 5 of the Constitution of North Carolina; North Carolina General Statutes 143-214.7 and rules promulgated by the Environmental Management Commission thereunder; Session Law 2004-163; Chapter 160A, § 174, 185. 102 FINDINGS It is hereby determined that: Development and redevelopment alter the hydrologic response of local watersheds and increases 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 which are harmful to public health and safety as well as to the natural environment; and These effects can be managed and minimized by applying proper design and well-planned controls to manage stormwater runoff from development sites. Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and federal Phase II Stormwater Rules promulgated under it, as well as rules of the North Carolina Environmental Management Commission promulgated in response to federal Phase II requirements, compel certain urbanized areas, including this jurisdiction, to adopt the minimum stormwater controls such as those included in this ordinance. Therefore, the Town of Laurel Park 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. 3 103 PURPOSE (A) General The purpose of this ordinance is to protect, maintain, and enhance the public health, safety, environment, and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-development stormwater runoff and nonpoint and point source pollution associated with new development and redevelopment as well as illicit discharges into municipal stormwater systems. It has been determined that proper management of construction-related and post- development stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public health, safety, and general welfare, and protect water and aquatic resources. (B) Specific This ordinance 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 the post-development state as nearly as practicable for the applicable design storm in order to reduce flooding, stream bank erosion, nonpoint and point source pollution and increases in stream temperature, and to maintain the integrity of stream channels and aquatic habitats; 3. Establishing minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality; 4. Establishing design and review criteria for the construction, function, and use of structural stormwater BMPs (referred to as Best Management Practices) 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 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; 4 7. Establishing administrative procedures for the submission, review, approval, and disapproval of stormwater management plans, for the inspection of approved projects, and for the assurance of long-term maintenance. 8. Controlling illicit discharges into the municipal separate stormwater system. 9. Controlling erosion and sedimentation from construction activities. 104 APPLICABILITY AND JURISDICTION (A) General Beginning with and subsequent to its effective date, this ordinance 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) Exemptions, below. (B) Exemptions Development that cumulatively disturbs less than one (1) acre and is not part of a larger common plan of development or sale is exempt from the provisions of this ordinance. Redevelopment that cumulatively disturbs less than one (1) acre and is not part of a larger common plan of development or sale is exempt from the provisions of this ordinance. Development and redevelopment that disturb less than one (1) 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 302 (primarily, ongoing farming and forestry activities) are exempt from the provisions of this ordinance. 5 (C) No Development or Redevelopment Until Compliance and Permit No development or redevelopment shall occur except in compliance with the provisions of this ordinance or unless exempted. No development for which a permit is required pursuant to this ordinance shall occur except in compliance with the provisions, conditions, and limitations of the permit. (D) Jurisdiction The provisions of this ordinance shall be applicable to all land within the corporate limits of the Town of Laurel Park, North Carolina, and within the extraterritorial jurisdiction (ETJ), as established on the map entitled "Official Zoning Map, Town of Laurel Park." The map will be kept by the Stormwater Administrator and shall be updated to take into account changes in the land area covered by this ordinance and the geographic location of all structural BMPs permitted under this ordinance. In the event of a dispute, the applicability of this ordinance 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. 105 INTERPRETATION (A) Meaning and Intent All provisions, terms, phrases, and expressions contained in this ordinance shall be construed according to the general and specific purposes set forth in Section 104, Purpose. If a different or more specific meaning is given for a term defined elsewhere in the Town of Laurel Park Code of Ordinances, the meaning and application of the term in this ordinance shall control for purposes of application of this ordinance. (B) Text Controls in Event of Conflict In the event of a conflict or inconsistency between the text of this ordinance and any heading, caption, figure, illustration, table, or map, the text shall control. 6 (C) Authority for Interpretation The Stormwater Administrator has authority to determine the interpretation of this ordinance. Any person may request an interpretation by submitting a written request to the Stormwater Administrator who shall respond in writing within thirty (30) days. The Stormwater Administrator shall keep on file a record of all written interpretations of this ordinance. (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 Town of Laurel Park, the deadline or required date of action shall be the next day that is not a Saturday, Sunday, or holiday observed by the Town of Laurel Park. References to days are calendar days unless otherwise stated. (F) Delegation of Authority Any act authorized by this ordinance to be carried out by the Stormwater Administrator of the Town of Laurel Park 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, or events apply. The word "or" indicates that one or more of the connected items, conditions, provisions, or events apply. 7 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 site. 106 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 non- structural stormwater BMPs. The Design Manual includes a list of acceptable stormwater treatment practices, including the 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 ordinance but prior to approval, the new information shall control and shall be utilized in reviewing the application and in implementing this ordinance with regard to the application. 8 107 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE AGREEMENTS (A) Conflict of Laws This ordinance is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this ordinance 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 ordinance is not intended to revoke or repeal any easement, covenant, or other private agreement. However, where the regulations of this ordinance are more restrictive or impose higher standards or requirements than such easement, covenant, or other private agreement, then the requirements of this ordinance shall govern. Nothing in this ordinance shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not legitimize any failure to comply with this ordinance. In no case shall the Town of Laurel Park be obligated to enforce the provisions of any easements, covenants, or agreements between private parties. 108 SEVERABILITY If the provisions of any section, subsection, paragraph, subdivision, or clause of this ordinance 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 ordinance. 109 EFFECTIVE DATE AND TRANSITIONAL PROVISIONS (A) Effective Date This Ordinance shall take effect on the 151" day of January, 2008. 9 (B) Final Approvals, Complete Applications All development and redevelopment projects for which complete and full applications were submitted and approved by the Town of Laurel Park prior to the effective date of this ordinance shall be exempt from complying with all provisions of this ordinance 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. (C) Violations Continue Any violation of provisions existing on the effective date of this ordinance shall continue to be a violation under this ordinance and be subject to penalties and enforcement under this ordinance unless the use, development, construction, or other activity complies with the provisions of this ordinance. 10 ARTICLE 2: DEFINITIONS 200 TERMS DEFINED When used in this ordinance, the following words and terms shall have the meaning set forth in this section, unless other provisions of this ordinance specifically indicate otherwise. Built-upon area (BUA) That portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built-upon area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving materials to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. Department The North Carolina Department of Environment and Natural Resources. Design Manual 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 Any land disturbing activity which adds to or changes the amount of impervious or partially pervious cover on a land area or which otherwise decreases the infiltration or precipitation into the soil, other than rebuilding activity that does not qualify as redevelopment. Division The Division of Water Quality in the Department. High-density project Any project that exceeds the low density threshold for dwelling units per acre and built-upon area. 11 Larger common plan of development or sale Anywhere 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 A project that has no more than two (2) dwelling units per acre or twenty-four (24) percent built-upon area (BUA) for all residential and non-residential development. 1-year, 24-hour storm The surface runoff resulting from a 24-hour rainfall of intensity expected to be equaled or exceeded, on average, once in twelve (12) months with duration of twenty-four (24) hours. Owner The legal or beneficial owner of land, including but not limited to a mortgagee or vendee in possession, receiver, executor, trustee, 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 management entity. Redevelopment Any rebuilding activity other than a rebuilding activity that results in no net increase in built-upon area and provides equal or greater stormwater control than the previous development. Structural BMP 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 pre-development 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 system," and similar terms used in this ordinance. 12 Substantial progress 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 grading 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. 13 ARTICLE 3: ADMINISTRATION AND PROCEDURES 300 REVIEW AND DECISION-MAKING ENTITIES (A) Stormwater Administrator 1. Designation A Stormwater Administrator shall be designated by the Town of Laurel Park to administer and enforce this ordinance. 2. Powers and Duties In addition to the powers and duties that may be conferred by other provisions of the Town of Laurel Park Code of Ordinances and other laws, the Stormwater Administrator shall have the following powers and duties under this ordinance: a. To review and approve, approve with conditions, or disapprove applications for approval of plans pursuant to this ordinance. b. To make determinations and render interpretations of this ordinance c. To establish application requirements and schedules for submittal and review of applications and appeals, to review and make recommendations to the Town of Laurel Park Town Council on applications for development or redevelopment approvals. d. To enforce the provisions of this ordinance in accordance with its enforcement provisions. e. To maintain records, maps, and official materials as related to the adoption, amendment, enforcement, or administration of this ordinance. f. To provide expertise and technical assistance to the Town of Laurel Park Town Council and the Town of Laurel Park Planning 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 ordinance. 14 301 REVIEW PROCEDURES (A) Permit Required; Must Apply for Permit A stormwater permit is required for all development and redevelopment unless exempt pursuant to this ordinance. 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 elements 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 ordinance, 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 ordinance. (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. 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 ordinance. 15 2. Submission Schedule The Stormwater Administrator shall establish a submission schedule for applications, which shall be reviewed and approved by the Town of Laurel Park Town Council. 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 Town of Laurel Park Town Council shall establish permit review fees as well as policies regarding refund of any fees upon withdrawal of an application, and may amend and update the fees and policies from time to time. 4. Administrative Manual For applications required under this Code, the Stormwater Administrator shall compile the application requirements, submission schedule, fee schedule, a copy of this ordinance, and information on how and where to obtain the Design Manual in an Administrative Manual, which shall be made available to the public. (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 complete application pursuant to this ordinance, 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. 16 (F) Review Within forty-five (45) working days after a complete application is submitted, the Stormwater Administrator shall review the application and determine whether the application complies with the standards of this ordinance. 1. Approval If the Stormwater Administrator finds that the application complies with the standards of this ordinance, the Stormwater Administrator shall approve the application. The Stormwater Administrator may impose conditions of approval as needed to ensure compliance with this ordinance. The conditions shall be included as part of the approval. 2. Failure to Comply If the Stormwater Administrator finds that the application fails to comply with the standards of this ordinance, 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 within thirty (30) working days after its re-submittal and shall be approved, approved with conditions, or disapproved. If a revised application is not re-submitted within thirty (30) calendar days from the date the applicant was notified, the application shall be considered withdrawn, and a new submittal for the same or substantially the same project shall be required along with the appropriate fee. One re-submittal of a revised application may be submitted without payment of an additional permit review fee. Any re-submittal after the first re-submittal shall be accompanied by an additional permit review fee, as established pursuant to this ordinance. 17 302 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 may 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 (when available); boundaries of existing predominant soils from soil surveys (when available); boundaries of existing vegetation and 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 the 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. 18 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 flood plain/floodway limits; relationship of site to upstream and downstream properties and drainages; and preliminary location of 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 ordinance, including Article 4, 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 ordinance. 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 301(D). (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. 19 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 ordinance. A final inspection and approval by the Stormwater Administrator shall occur before the release of any performance securities. (D) Other Permits No Stormwater Compliance Certificate shall be issued by the Town of Laurel Park 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 Town of Laurel Park 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. 303 APPROVALS (A) Effect of Approval Approval authorizes the applicant to go forward with only the specific plans and activity 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 has failed to make substantial progress on the site within one (1) year after the date of approval. The Stormwater Administrator may grant a single, one (1) 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. 20 304 APPEALS Right of Appeal Any aggrieved person affected by any decision, order, requirement, or determination relating to the interpretation or application of this ordinance and made by the Stormwater Administrator may file an appeal to the Town of Laurel Park Board of Adjustment within thirty (30) days. 21 ARTICLE 4: STANDARDS 400 GENERAL STANDARDS All development and redevelopment to which this ordinance applies shall comply with the standards of this section. 401 DEVELOPMENT STANDARDS FOR LOW DENSITY PROJECTS Low-density projects shall comply with each of the following standards: (A) Transporting Stormwater Runoff Stormwater runoff from the development shall be transported from the development by vegetated conveyances to the maximum extent practicable. (B) Built-Upon Area All built-upon area shall be at a minimum of thirty (30) feet landward of all perennial and intermittent surface waters. A perennial or intermittent surface water shall be present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States 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) Restriction on Property 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. 22 402 DEVELOPMENT STANDARDS FOR HIGH DENSITY PROJECTS High-density projects shall implement stormwater control measures that comply with each of the following standards: (A) Stormwater Volume The measures shall control and treat the difference in stormwater runoff volume leaving the project site between the pre- and post-development conditions for, at a minimum, the 1-year, 24-hour storm. Runoff volume drawdown time shall be a minimum of twenty-four (24) hours, but not more than 120 hours. (B) Total Suspended Solids All structural stormwater treatment systems used to meet the requirements of the program shall be designed to have a minimum of 85% average annual removal for Total Suspended Solids (TSS); (C) Design Manual General engineering design criteria for all projects shall be in accordance with 15A NCAC 2H .1008(c), as explained in the design manual; (D) Built-Upon Area All built-upon area shall be at a minimum of thirty (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 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. 23 (E) Restriction on Property 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. 403 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 ordinance 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 they will be adequate to meet the requirements of this ordinance. (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 ordinance. 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 ordinance. The Stormwater Administrator may require the applicant to provide such documentation, calculations, and examples as necessary for the Stormwater Administrator to determine whether such an affirmative showing is made. (C) Additional Standards for Special Situations — Trout Waters In addition to the standards for stormwater handling set out in the design manual, development and redevelopment that drains in whole or part to class TROUT waters shall be designed and implemented using the best stormwater practices that do not result in a sustained increase in the receiving water temperature, while still meeting the other requirements of the ordinance. 24 404 DEDICATION OF BMPs, FACILITIES AND IMPROVEMENTS The Town of Laurel Park may accept dedication of any existing or future stormwater management facility for maintenance, provided such facility meets all the requirements of this ordinance and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. 405 VARIANCES (A) Petitioner Any person may petition the Town of Laurel Park for a variance granting permission to use the person's land in a manner otherwise prohibited by this ordinance. To qualify for a variance, the petitioner must show all of the following: 1. Unnecessary hardships would result from strict application of this ordinance. 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 ordinance; will secure public safety and welfare; and will preserve substantial justices. (B) Conditions The Town of Laurel Park may impose reasonable and appropriate conditions and safeguards upon any variance it grants. 25 ARTICLE 5: MAINTENANCE 500 GENERAL STANDARDS FOR MAINTENANCE (A) Function of BMPs As Intended The owner of each structural BMP installed pursuant to this ordinance 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 person responsible for maintenance of any structural BMP installed pursuant to this ordinance shall submit to the Stormwater Administrator an inspection report from a qualified registered North Carolina professional engineer, surveyor, or landscape architect performing services only in their area of competence. 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 ordinance; 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 (1) year from the date of as-built certification and each year thereafter on or before the date of the as-built certification. 26 501 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 ordinance, and prior to issuance of any permit for development or redevelopment requiring a structural BMP pursuant to this ordinance, the applicant or owner of the site must execute an operation and maintenance agreement that shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the structural BMP. Until the transference of all property, sites, or lots served by the structural BMP, the original owner or applicant shall have primary responsibility for carrying out the provisions of the maintenance agreement. The operation and maintenance agreement shall require the owner or owners to maintain, repair, and if necessary, reconstruct the structural BMP, and shall state the terms, conditions, and schedule of maintenance for the structural BMP. In addition, it shall grant to the Town of Laurel Park a right of entry in the event that the Stormwater Administrator has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the structural BMP; however, in no case shall the right of entry, of itself, confer an obligation on the Town of Laurel Park 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 given to the Stormwater Administrator within fourteen (14) days following its recordation. (B) Special Requirement for Homeowners' and Other Associations For all structural BMPs required pursuant to this ordinance 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. 27 2. Establishment of an escrow account, which must be spent solely for sediment removal, structural, biological or vegetative replacement, major repair, or reconstruction of the structural BMPs. If structural BMPs are not performing adequately or as intended or are not properly maintained, the Town of Laurel Park, in its sole discretion, may remedy the situation and in such instances the Town of Laurel Park shall be fully reimbursed from the escrow account. Escrowed funds may be spent by the association for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the structural BMPs provided that the Town of Laurel Park 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 fifteen (15) per cent of the initial construction cost of the structural BMPs. Two- thirds (2/3) of the total amount of sinking fund budget shall be deposited into the escrow account within the first five (5) years and the full amount shall be deposited within ten (10) years following initial construction of the structural BMPs. Funds shall be deposited each year into the escrow account. A portion of the annual assessments of the association shall include an allocation into the escrow account. Any funds drawn down from the escrow account shall be replaced in accordance with the schedule of anticipated work used to create the sinking fund budget. 4. The percent of developer contribution and lengths of time to fund the escrow account may be varied by the Town of Laurel Park depending on the design and materials of the stormwater control and management facility. 5. Granting to the Town of Laurel Park a right of entry to inspect, monitor, maintain, repair, and reconstruct structural BMPs. 6. Allowing the Town of Laurel Park to recover from the association any and all costs the Town of Laurel Park expends to maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay the Town of Laurel Park all of its expended costs, after forty-five (45) days written notice, shall constitute a breach of the agreement. The Town of Laurel Park 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, in case of a deficiency. Interest, collection costs, and attorney fees shall be added to the recovery. 28 7. A statement that this agreement shall not obligate the Town of Laurel Park to maintain or repair any structural BMPs , and the Town of Laurel Park shall not be liable to any person for the condition or operation of structural BMPs. 8. A statement that this agreement shall not in any way diminish, limit, or restrict the right of the Town of Laurel Park to enforce any of its ordinances as authorized by law. 9. A provision indemnifying and holding harmless the Town of Laurel Park for any costs and injuries arising from or related to the structural BMP, unless the Town of Laurel Park 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. 502 INSPECTION PROGRAM Inspections and inspection programs by the Town of Laurel Park 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. 503 PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE (A) May Be Required The Town of Laurel Park may, at its discretion, require the submittal of a performance security or bond with surety, cash escrow, letter of credit or other acceptable legal arrangement prior to issuance of a permit in order to ensure that the structural BMPs are 1. installed by the permit holder as required by the approved stormwater management plan, and/or 29 2. maintained by the owner as required by the operation and maintenance agreement. (B) Amount 1. Installation The amount of an installation performance security shall be the total estimated construction cost of the BMPs approved under the permit, plus 25%. 2. Maintenance The amount of a maintenance performance security shall be the present value of an annuity of perpetual duration based on a reasonable estimate of the annual cost of inspection, operation and maintenance of the BMPs approved under the permit, at a discount rate that reflects the jurisdiction's cost of borrowing minus a reasonable estimate of long term inflation. (C) Uses of Performance Security 1. Forfeiture Provisions The performance security shall contain forfeiture provisions 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 ordinance, approvals issued pursuant to this ordinance, or an operation and maintenance agreement established pursuant to this ordinance. 2. Default Upon default of the owner to construct, maintain, repair and, if necessary, reconstruct any structural BMP in accordance with the applicable permit of operation and maintenance agreement, the Stormwater Administrator shall obtain and use all or any portion of the security to make necessary improvements based on an engineering estimate. Such expenditure of funds shall only be made after requesting the owner to comply with the permit or maintenance agreement. In the event of a default triggering the use of installation performance security, the Town of Laurel Park shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance. 30 3. Costs in Excess of Performance Security If the Town of Laurel Park takes action upon such failure by the applicant or owner, the Town of Laurel Park may collect from the applicant or owner for the difference should the amount of the reasonable cost of such action exceed the amount of the security held. 4. Refund Within sixty (60) days of the final approval, the installation performance security shall be refunded to the applicant or terminated, with the exception of any amount attributable to the cost (plus 25%) of landscaping installation and ongoing maintenance associated with the BMPs covered by the security. Any such landscaping shall be inspected one (1) year after installation with replacement for compliance with the approved plans and specifications and, if in compliance, the portion of the financial security attributable to landscaping shall be released. 504 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, pertaining to every structural BMP shall be referenced on the final plat and shall be recorded with the county Register of Deeds upon final plat approval. If no subdivision plat is recorded for the site, then the operations and maintenance agreement, conservation easement, or dedication and acceptance into public maintenance, whichever is applicable, shall be recorded with the county Register of Deeds so as to appear in the chain of title of all subsequent purchasers under generally accepted searching principles. (B) Signage Where appropriate in the determination of the Stormwater Administrator to assure compliance with this ordinance, structural BMPs shall be posted with a conspicuous sign stating who is responsible for required maintenance and annual inspection. The sign shall be maintained so as to remain visible and legible. 31 505 NUISANCE The owner of each stormwater BMP shall maintain it so as not to create or result in a nuisance condition, whether structural or non-structural BMP. 32 ARTICLE 6: ENFORCEMENT AND VIOLATIONS 600 GENERAL (A) Authority to Enforce The provisions of this ordinance shall be enforced by the Stormwater Administrator, his or her designee, or any authorized agent of the Town of Laurel Park. Whenever this section refers to the Stormwater Administrator, it includes his or her designee as well as any authorized agent of the Town of Laurel Park. (B) Violation Unlawful Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed by this ordinance, or the terms or conditions of any permit or other development or redevelopment approval or authorization granted pursuant to this ordinance, is unlawful and shall constitute a violation of this ordinance. (C) Each Day a Separate Offense Each day that a violation continues shall constitute a separate and distinct violation or offense. (D) Responsible Persons/Entities Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails to erect, construct, reconstruct, alter, repair or maintain any structure, BMP, practice, or condition in violation of this ordinance 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 ordinance, or fails to take appropriate action, so that a violation of this ordinance results or persists; 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: 33 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 ordinance, or fails to take appropriate action, so that a violation of this ordinance results or persists. 2. Person Who Has 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. 601 REMEDIES AND PENALTIES The remedies and penalties provided for violations of this ordinance, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order. (A) Remedies 1. Withholding of Certificate of Occupancy The Stormwater Administrator or other authorized agent may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site and served by the stormwater practices in question until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein. 34 2. Disapproval of Subsequent Permits and Development Approvals As long as a violation of this ordinance continues and remains uncorrected, the Stormwater Administrator or other authorized agent may withhold, and the Town Council of Laurel Park may disapprove, any request for permit or development approval or authorization provided for by this ordinance or the zoning and/or subdivision regulations, as appropriate for the land on which the violation occurs. 3. Injunction, Abatements. The Stormwater Administrator, with the written authorization of the Town Council of Laurel Park, 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 ordinance. Any person violating this ordinance 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. 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 Town Council of Laurel Park, may cause the violation to be corrected and the costs to be assessed as a lien against the property. (B) Civil Penalties Violation of this ordinance 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 thirty (30) days after notice of the violation is issued by the Stormwater Administrator. Civil penalties may be assessed up to the full amount of penalty to which the Town of Laurel Park is subject for violations of its Phase II Stormwater permit. (C) Criminal Penalties Violation of this ordinance may be enforced as a misdemeanor subject to the maximum fine permissible under North Carolina law. 35 602 PROCEDURES (A) Initiation/Complaint Whenever a violation of this ordinance 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 ordinance. (C) Notice of Violation and Order to Correct When the Stormwater Administrator finds that any building, structure, or land is in violation of this ordinance, the Stormwater Administrator shall notify, in writing, the property owner or other person violating this ordinance. The notification shall indicate the nature of the violation, contain the address or other description of the site upon which the violation is occurring, order the necessary action to abate the violation, and give a deadline for correcting the violation. If civil penalties are to be assessed, the notice of violation shall also contain a statement of the civil penalties to be assessed, the time of their accrual, and the time within which they must be paid or be subject to collection as a debt. The notice of violation and correction order may be delivered personally by the Stormwater Administrator, by the Town of Laurel Park Police Department for violations within the Town of Laurel Park and/or the Henderson County Sheriff's Department for violations within the Town of Laurel Park ETJ, 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 ordinance to correct and abate the violation and to ensure compliance with this ordinance. 36 (D) Extension of Time A person who received 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 forty-five (45) days. The Stormwater Administrator may grant fifteen (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 ordinance. 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 ordinance. (F) Emergency Enforcement If delay in correcting a violation would seriously threaten the effective enforcement of this ordinance 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. 37 ARTICLE 7: ILLICIT DISCHARGES 700 ILLICIT DISCHARGES AND CONNECTIONS (A) Illicit Discharges No person shall cause or allow the discharge, emission, disposal, pouring, or pumping directly to any stormwater conveyance, the waters of the State, or upon the land in a manner and amount that the substance is likely to reach a stormwater conveyance or the waters of the State, any liquid, solid gas, or other substance, other than stormwater; provided that non-stormwater discharges associated with the following activities are allowed and provided that they do not significantly impact water quality: 1. Water line flushing; 2. Landscape irrigation; 3. Diverted stream flows; 4. Rising ground waters; 5. Uncontaminated ground water infiltration (as defined at 40 CFR 32.2005(20)); 6. Uncontaminated pumped ground water; 7. Discharges from potable water sources; 8. Foundation drains; 9. Air conditioning condensation; 10. Irrigation water; 11. Springs; 12. Water from crawl space pumps; 13. Footing drains; 14. Lawn watering; 15. Individual residential 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 the Town of Laurel Park. Prohibited substances include but are not limited to: oil, anti-freeze, chemicals, animal waste, paints, garbage, and litter. 38 (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 section (a) above, are unlawful. Prohibited connections include, but are not limited to: floor drains, waste water from washing machines or sanitary sewers, wash water from commercial vehicle washing or steam cleaning, and waste water from septic systems. 2. Where such connections exist in violation of this section and said connections were made prior to the adoption of this provision or any other ordinance prohibiting such connections, the property owner or the person using said connection shall remove the connection within one (1) year following the effective date of this ordinance. However, the 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 must be removed immediately. 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: a. The quantity and complexity of the work b. The consequences of delay, c. The potential harm to the environment, to the public health, and to public and private property, and d. The cost of remedying the damage. 39 (C) Spills Spills or leaks of polluting substances released, discharged to, or having the potential to be released or discharged to the stormwater conveyance system, shall be contained, controlled, collected, and disposed of properly. All affected areas shall be restored to their preexisting condition. Persons in control of the polluting substances immediately prior to their release or discharge, and/or persons owning the property on which the substances were released or discharged, shall immediately notify the Town of Laurel Park 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 discharges and illicit connections which exist within the Town of Laurel Park 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 set forth in Article 6. Adopted this 15t" day of January, 2008. SIGNED: Henry T. Johnson Mayor Attest: Kimberly B. Hensley, CIVIC Town Clerk 40 STATE OF NORTH CAROLINA COUNTY OF HENDERSON AGREEMENT FOR STORMWATER&WATER SUPPLY WATERSHED ENFORCEMENT& ADMINISTRATION ASSISTANCE � THIS AGREEMENT, made and entered into this the Z' �}�day of sue� 4X - , 2010, by and between, the Henderson County, herein and after referred to as the Henderson County and the Town of Laurel Park, a duly incorporated North Carolina municipality within Henderson County, hereinafter "Municipality". WITNESSETH: WHEREAS Henderson County is a body politic protecting the water resources of Henderson County and promoting uniform enforcement of related regulations; WHEREAS,management of stormwater is important to protect our water resources and public and private property; WHEREAS, environmental stability is crucial to ensure the economic and ecological strength of the County; WHEREAS,uniformed&centralized enforcement efforts in the County and its municipalities will provide for consistent procedures throughout the County; WHEREAS Henderson County has the expertise and ability to enforce the regulations within the Municipality; WHEREAS the Municipality is desirous of County enforcement of these regulations within the municipal jurisdiction. NOW THEREFORE, for mutual consideration and promises, the Henderson County and the Municipality agree as follows: 1. Henderson County will enforce and administer the Municipality's stormwater and water supply watershed regulations within Municipality's boundaries including but not limited to: a. Enforcement b. Administration c. Inspection d. Investigation of complaints and violations e. Review of plans and permit applications 2. Henderson County shall enforce the Municipality's ordinances regarding stormwater and water supply watershed(WSWS)protection,hereinafter"stormwater&WSWS regulations". Where there is a conflict between municipal law and state or federal law,the County shall follow the stricter of the regulations where legally possible. The Municipality shall not determine which law to follow where there is conflict with other law and any questions shall be directed to the Henderson County Office of the County Attorney. 3. The delegated county administrator, as designated by the County Manager, shall be responsible for administration and enforcement of the stormwater&WSWS regulations within the Municipality. S/He and related staff shall have the authority to make decisions on the regulations within the Municipality.Appeals under the Municipal ordinance shall be heard by the appropriate Municipal appellate board. Other than in the instance of appeal the Municipal government shall not have the authority to mandate enforcement, administration or other duties described under Section 1. 4. The Municipality must notify the County of any amendments to its ordinance. 5. The Henderson County Manager,or their designee, is authorized to sign the contracts necessary for enforcement of the specified stormwater&WSWS regulations, or portions thereof,within the municipal jurisdiction. 6. Enforcement and administration of the stormwater&WSWS regulations will commence on the later date of either September 1, 2010 or upon approval by the County and applicable municipality. 7. In lieu of direct payment by the municipality,Henderson County shall retain all fees and fines collected to offset program costs. Additional and future costs of the program may be reimbursed by the Municipality upon later written consent of both parties. It is intended that the permit fees retained by the County will cover the cost of administration and enforcement. 8. Any criminal or civil penalties or injunctive relief under the specified stormwater regulations will be requested by Henderson County on behalf of the municipality. a. These enforcement measures will be initiated by the applicable administrator in conjunction with the Henderson County Attorney's Office. b. Any funds received from the enforcement and administration of the stormwater&WSWS regulations are retained by the County to offset enforcement costs. c. The County has full discretion in determining any litigation,whether criminal, administrative,or civil, initiated by the County under the Municipal stormwater& WSWS regulations. The Municipality shall not make decisions regarding the litigation including but not limited to: initiation,type of case,penalties assessed, settlement, or litigation strategy. 9. Amendments, changes, deletions may be made to the Agreement upon the written consent of both parties. 10. This is the entire agreement between the parties and there are no terms, conditions,representations or warranties relating to the work to be performed hereunder which are not specifically set forth herein. 11. This Agreement shall run indefinitely unless terminated in writing by either party. The Agreement may be terminated with or without cause by either party with 120 days written notice to the other party. 12. This Agreement is expressly non-assignable without prior written consent and approval by the non- assigning parties. This Agreement may not be continued by a successor to either party without the prior written consent of the non-moving parties. 13. The singular of any term used in this Agreement shall include the plural, and the masculine shall include the feminine and vice versa. 14. The laws of the State of North Carolina shall govern the validity of this Agreement, its interpretation and performance, and any other claims related to it. 15. If any of the provision contained in this Agreement are held for any reason to be invalid, illegal, or unenforceable in any respect, such as invalidity, illegality or unenforceability will not affect any other provision, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 16. This Agreement gives no rights or benefits to anyone other than the County and the Municipality. IN WITNESS WHEREOF, the Municipality and Henderson County have duly executed this agreement as of this the day of , 2010. END COUNTY BY: e5�;w Steve Wyatt,County Manager ATTESTED BY: [CORPORATE SEAL] Clerk Municipality BY: James W. Ball,-Tr.,Town Manager ATTESTED BY: [CORPORATE SEAL] Kimberl .Hensley,Town ClArk This instrument s been preaudited<<in the manne re uired by the Local Government Budget and Fiscal Control Act. G,.�.,,� . Ca ey McLelland,Henderson County Finance Director This instrument as bee prea ited in the /manner required by the Local Government Budget and Fiscal Control Act. Dona M.Mennella,taurel Park Finance Officer STATE OF NORTH CAROLI% COUNTY OF HCNDER90N 1, -j2-_._ L•W r (So t) ,Notary Public for said County and State, certify that Steve Wyatt personally came before me this day and acknowledged that he is the County Manager for Henderson County, a body politic and that by authority duly given and as the act of the corporation,the foregoing instrument was signed in its name by himself as County Manager. THIS the b day of � �xl6c-i201 Z Notary Public My Commission Expires: [NOTARIAL SEAL] STATE OF NORTH CAROLINA MUNICIPALITY COUNTY OF HENDERSON I, KLI IrPn W, I,l) (�S ,Notary Public for said State and County certify that James W. Ball,Jr., Laurel Park Town Manager, came before me this day and acknowledged that he/she is the Town Manager of the Town of Laurel Park, a municipal corporation and that by authority duly given and as the act of the corporation,the foregoing instrument was signed in its name by her/himself as Town Manager. THIS the i-?±L day of 2010 Notary Public +``s�tt11t11/tttttj My Commission Expires: Nvo _ 9.a 0)?, AAIAL +: ". �i��lellttt''� e _/2 /-0 k ■ � 2 \ d \ .// 2 \ \ W � W / O W a x x x � - � 2 / � } � b — � \ ti \ � \ • § c � J / 3 d U / , j � » � 2 g ( / 2 \ \ CA, / , / \ $ � � � w 0 0 0 0 nti N r�"•+ F. r�"•+ F. U U ZC13 O Q o cdCd 0. W Cr p < ' d ' W > W atoa bind 0 -a cn mow, '� ° ' o i Qn N U N to p O c��C Y N cd c Q, � S". .O 0 U 4 N Y � �'. N cd 61 Cd o M �, cd O N 0 +' ¢ Ocd W I " O r 2 C �,m P. N " bA °O cad C� bA to O Q N • UOp Q N � U �•� ,� � � � Q, W ° � 3 W .. 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Division of Energy, Mineral and Land Resources (DEMLR) Stormwater Management Program Assessment 512 N.Salisbury Street, Raleigh NC 27604 Contained In this Report -Permit Number: NCS000478 Town of Laurel Park Permit Number: NCS000478 Report Number: NCS000478_2018 County: Henderson Region: Asheville 2018 Background Information Sw100010 APPLICANT STATUS INFORMATION Sw100020 Name of Public Entity Seeking Permit Coverage Town of Laurel Park sw100060 Jurisdictional Area (square miles) 2.71 Sw100070 Population Permanent 2260 Sw100080 Population Seasonal (if available) 150 Comments: seasonal population estimated based on water customer data Sw100110 RPE/MS4 SYSTEM INFORMATION SW100120 Storm Sewer Service Area(square miles) 2.44 SW100130 River Basin(s) French Broad River Sw100150 Estimated percentage of jurisdictional area containing the following four land use activities SW100160 Residential 55 SW100170 Commercial 7 SW100180 Industrial 0 Sw100190 Open Space 38 SW100210 Do you have an inventory of storm water inlets, pipes, ditches, and open channels? No Comments: Town has an old paper map that has been scanned for more easy use.A grant was lust awarded, through the Land-of-Sky COG,to map the Town's stormwater infrastructure. Sw100220 Do you know how many outfalls your city discharges to and where they are located? No Page Number: 3 SW100260 EXISTING LOCAL WATER QUALITY PROGRAMS SW100270 "Complete a table below for each river basin within the MS4 service area. The web sites and resource contacts listed below under Information Sources will help you locate the information you need. Storm water programs should be designed to address the specific needs of the community and water resources they are intended to protect. If you haven't done so already, collect information on your city's receiving waters and what pollutants and sources are impacting those waters.You should also know the various uses of your receiving waters so you can design a program to protect those uses. Complete a table below for each river basin within the MS4 service area. The web sites and resource contacts listed below under Information Sources will help you locate the information you need. " SW100280 River Basin SW100283 Program 1 SW100290 Receiving Stream Name Shaw Creek SW100300 Stream Segment From source to Town Limit SW100310 Water Quality Classification WS-Iy SW100320 Use Support Rating SW100325 TMDL No SW100331 Program 2 SW100332 Receiving Stream Name Wash Creek SW100333 Stream Segment From source to Town Limit SW100334 Water Quality Classification B SW100335 Use Support Rating SW100336 TMDL No SW100337 Program 3 SW100338 Receiving Stream Name Tones Creek SW100339 Stream Segment From source to Town Limit Page Number: 4 SW10033A Water Quality Classification B SW10033B Use Support Rating SW10033C TMDL No SW10033D Program 4 SW100400 Your river basin table should list the primary streams that receive stormwater runoff from the MS4 jurisdictional area. Primary streams are those that are shown on a USGS topo maps or SCS map. Streams that are shown on the USGS or SCS maps but do not have a name shall be listed as an unnamed tributary to the nearest named downstream receiving water body. SW10033E Receiving Stream Name Finley Creek SW10033F Stream Segment From source to Town Limit SW10033G Water Quality Classification B SW10033H Use Support Rating SW100331 TMDL No SW100340 Local Nutrient Sensitive Waters Strategy No SW100350 Local Water Supply Watershed Program Yes SW100360 Delegated Erosion and Sediment Control Program Yes SW100370 CAMA Land Use Plan No SW100440 River basin you are in: http://h2o.enr.state.nc.us/basinwide/whichbasin.htm SW100450 Stream Index Numbers: http://h2o.enr.state.nc.us/bims/Reports/reportsWB.html SW100460 Water Quality Classifications: http://h2o.enr.state.nc.us/bims/Reports/reportsWB.html SW100470 Basinwide Water Quality Plans: hftp://h2o.enr.state.nc.us/basinwide/index.htmi SW100480 303(d)List: http://h2o.enr.state.nc.us/mtu/download.htmi SW100490 CO-PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co-permitting) Page Number: 5 sW100500 Do you co-permit with a permitted Phase I entity? No SW100510 If so, provide the name of that entity: SW100550 Other Entity n/a sw1005r Have legal agreements been finalized between the co-permittees? 0 No SW100570 RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS sW100580 Do you intend that another entity perform one or more of your permit obligations? Yes SW100590 If yes, identify each entity and the element they will be implementing SW100600 Name of Entity Henderson County Soil Erosion &Sedimentaton Control Program sW100610 Element they will implement Construction Site Runoff Control and Post-Construction Stormwater Management in New Developoment and Redevelopment SW100620 Contact Person Natalie Berry sW100630 Contact Address 100 N. King St, Suite 118, Hendersonville, NC 28792 SW100640 Contact Telephone Number 828-694-6521 SW100650 Are legal agreements in place to establish responsibilities? Yes SW100660 PERMITS AND CONSTRUCTION APPROVALS SW100700 State or NPDES Stormwater Permit Number(s)issued to the permittee Henderson Co does not have a Stormwater Permit#, as it does not own roads. sW100920 MS4 CONTACT INFORMATION sw100930 Provide the following information for the person/position that will be responsible for day to day implementation and oversight of the stormwater program. sW100940 Name Alison Alexander s W 100950 Title Town Manager Page Number: 6 sw100960 Street Address 441 White Pine Dr SW100970 PO Box n/a S W 100980 City Hendersonville sw100990 State NC sW101000 Zip 28739 Sw101010 Telephone 8286934840 SW101020 Fax 828-6964948 SW101030 E-Mail alexander(a)laurelpark.org SW101040 "Permittee's Website" www.laurelpark.org SW101050 BMPs SW101060 Do you plan to add any new BMPs? No SW101070 Do you plan to amend any existing BMPs? No SW101080 If yes, please provide a BMP description, measurable goal, and implementation schedule for each new or amended BMP. If further space is needed, attach additional sheets. Page Number: 7 Information specifically regarding the permit SW101460 Permitting Information SW101490 Does the Stormwater Management Program provide an organizational chart that shows where the responsible parties fit into the structure of the permittee's organization? Yes Page Number: 8 Co-Permitting Information SW101570 Contract Operations SW101630 Does the Stormwater Management Program identify contract operations(i.e.,Transit Authorities, Pesticide Application, Construction Projects, Street Washing, Maintenance of right-a-ways, GIS Mapping, Monitoring, Stream Restorations, Litter or Solid Waste Pickup, Recycling, Household Waste)? Yes Page Number: 9 Public Education and Outreach SW101690 Public Education and Outreach SW101700 Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP,the implementation schedule, and the responsible person or position for implementation? Yes SW101710 Does the Stormwater Management Program identify the target audiences likely to have significant storm water impacts(including commercial, industrial and institutional entities)and why those target audiences were selected? Yes SW101720 Does the Stormwater Management Program identify what target pollutant sources the permittee's public education program is designed to address and why those sources are an issue? Yes SW101730 Does the Stormwater Management Program describe the permittee'ls outreach program (i.e., how the permittee plans to inform individuals and households about the steps they can take to reduce storm water pollution and how the permittee plans to inform individuals and groups on how to become involved in the storm water program? No Root Cause : Periodic evaluations of the effectiveness of training programs are not conducted Plan of Action: Include stormwater education for households in the town's quarterly newsletter, and increase information available on the Town's website. See if any neighboring municipalities or the COG may be interested in coordinating some information. SW101750 Has the permittee develop general stormwater educational material to appropriate target groups? Instead of developing its own materials,the permittee may rely on state-supplied Public Education and Outreach materials, as available,when implementing its own program. Yes SW101760 Does general stormwater educational material include information on the following topics: SW101770 Household Hazardous Waste Yes SW101780 Pet Waste Yes SW101790 Septic Systems Yes SW101800 Lawn and Gardening Yes SW101810 Vehicle Washing Yes SW101820 Erosion Yes Stream Buffers Yes Page Number: 10 SW101840 Flooding Yes S W 101850 Litter Yes SW101860 List any additional topics not identified above. n/a SW101870 Does the permitteenulls outreach program include: SW101880 Distributing printed educational material to general public through utility mail outs? Yes SW101890 Distributing printed educational material to general public through special events (i.e., Information booth at festivals and fairs)? Not Applicable SW101900 Distributing printed educational material to business/industry? Not Applicable SW101910 Presentations to local community groups? No Root Cause : Personnel do not have the technical background and training to perform assigned iob tasks. Plan of Action: We would need to have a training session for town personnel prior to going before a public group to present information. SW101920 Stormwater programs/presentations for elementary or middle schools? Not Applicable SW101930 Local TV or radio spots? Not Applicable SW101940 Print Media-Ads/Articles/Newsletters? Yes S W 101950 Posters? Yes SW101960 Storm drain stenciling Not Applicable SW101970 Other environmental education programs(i.e., Designate a"Keep SW Clean"month)? No Root Cause : Stormwater management plans and/or procedures are inadequate Plan of Action: Staff is limited and the town does not host special events. SW101980 Workshops Not Applicable Page Number: 11 SW101990 Stream basin signage? No Root Cause : Periodic evaluations of the effectiveness of training programs are not conducted Plan of Action: Not in existence. SW102000 Has the permittee developed an internet web site for newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff? No Root Cause : Stormwater management plans and/or procedures are not current Plan of Action: Town manager position changed in 2013-the Town's website at the time had no information, and it was not included when the website was revamped. I can add information before the end of CY 2018. SW102020 Does the permittee maintain an internet web site for newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff? Not Applicable SW102060 Classroom Outreach SW102070 The number of educational materials distributed to schools. 0 Comments: There are no schools,private or public,located in Laurel Park.Amok= SW102080 The number of schools that participate in municipal-sponsored storm water workshops or activities. 0 SW102090 The number of students that participate in municipal-sponsored storm water workshops or activities. 0 SW102100 The number of workshops held for teachers. 0 SW102110 The number of certificates or other rewards given out to schools, classes, or students participating in storm water education. 0 SW102120 The number of students receiving storm water education as a regular part of the school curriculum. 0 SW102130 Displays, Signs, Presentations, Welcome Packets, and Pamphlets SW102150 The number of stormwater related displays at special events or meetings. 0 SW102160 The number of people at events who saw the display or took a pamphlet/booklet. 0 SW102170 Number of new homeowner welcome packets containing storm-water-related information. 60 Comments: Monthly estimate is 5 welcome packets distributed a month. Page Number: 12 SW102180 The number of signs and billboards with stormwater related messages. MA 0 sW102190 The number of stormwater related presentations at special events or meetings. 0 sW102200 Commercial Outreach SW102210 The number of educational materials that were distributed to business owners and operators. 0 sW102220 The number of businesses trained under the stormwater program. 0 SW102310 Pet Waste Management SW102320 The number of"clean up after your pet'signs posted in parks and neighborhoods. 5 SW102330 The number of dog-walking designated areas in parks. 2 sW102340 The number of posters/brochures put up in pet supply stores. 0 SW102350 The number of educational materials given out to pet owners. 0 SW102360 Promotional Giveaways SW102370 The number of items given out. 0 SW102380 The number of events attended (to give out items). 0 SW102390 The number of partnerships for promotions(radio, TV, Businesses). 0 SW102400 Proper Disposal of Household Hazardous Waste SW102410 The number of household hazardous waste curbside pickup days. 0 SW102420 The number of educational materials distributed to homeowners. 0 SW102430 The number of partnerships established with businesses. 0 SW102440 Outreach Programs to Minority and Disadvantaged Page Number: 13 sW102450 The number of brochures/posters created in non-English languages. 0 sW102460 The number of educational materials distributed in non-English languages. 0 SW102470 The number of partnerships established with minority organizations. 0 SW102480 The number of educational materials distributed to low-income neighborhoods. L" 0 SW102490 Attendance at workshops or public meetings held in low-income or minority neighborhoods. 0 sW102540 Using the Media SW102550 The number of public service announcements made on radio and TV. 0 sW102560 The number of stormwater related press releases/advertising. 0 SW102570 The number of stormwater related articles published. 0 sW102580 Water Conservation for Home Owners SW102590 The number of partnerships established with local water utilities. 1 sW102600 The number of water conservation or stormwater related utility inserts that are distributed with utility bills. 0 SW102610 A survey of homeowners about their water conservation behavior before and after the message is delivered. 0 Page Number: 14 Public Involvement and Participation Sw102620 Public Involvement and Participation SW102630 Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP,the implementation schedule, and the responsible person or position for implementation? Yes Sw102640 Does the Stormwater Management Program identify the target audiences of the permitteenulls public involvement program, including a description of the types of ethnic and economic groups engaged? No Root Cause : Formal statements of goals and objectives do not exist or are inadequate Plan of Action: Laurel Park is a predominantly white community, and an estimated 5%of individuals are below the poverty level. Sw102650 Permittee are encouraged to actively involve all potentially affected stakeholder groups, including commercial and industrial businesses,trade associations, environmental groups, homeowners associations, and educational organizations, among others. Sw102660 Does the Stormwater Management Program describe how the permittee will involve the public in the development and implementation of the permittee's storm water management program and the types of public involvement activities included in the permittee's program that the permittee plans to use to educate local community groups? Yes Sw102670 Has the permittee provided for the means to involve the public in the development and implementation of the permittee's storm water management program through: Sw102680 Public Hearings, stakeholder meetings, or other meetings? Yes SW102690 A Stormwater Steering Committee(or similar advisory group)? Not Applicable Sw102700 Stream clean-up events? Yes SW102710 Adopt-a-stream,Adopt-a-drain,Adopt-a-highway or Adopt-a-trail program? No Root Cause : Resources are not properly allocated (including tools, eauipment,funding, and staff) Plan of Action: It's included as a possible goal, but has not been implemented. SW102720 Reforestation programs or wetland planting programs? Yes SW102730 A stormwater hotline? Yes Volunteer monitoring programs? Yes Page Number: 15 SW102750 Storm drain stenciling? No Root Cause : Resources are not properly allocated (including tools, equipment,funding, and staff) Plan of Action: The Town has a limited number of storm drains. SW102760 Encourage neighborhood coordinators to become active in the program? Not Applicable SW102770 Regional workshops? Yes SW102780 Telephone/Web/Mall surveys? Not Applicable SW102790 Working with citizen volunteers willing to educate others about the program? No Root Cause : Resources are not properly allocated (including tools, equipment,funding, and staff) Plan of Action: See if any members of a town volunteer board may be interested in taking this on (Parks& Greenways or Planning Board). SW102830 Adopt-A-Stream Program SW102840 The number of participants in Adopt-A-Stream,Adopt-a-drain,Adopt-a-highway or Adopt-a-trail programs. 0 SW102850 The quantity of trash and debris removed by Adopt-A-Stream,Adopt-a-drain,Adopt-a-highway or Adopt-a-trail volunteers(in tons). 0 S W 102860 Surveys SW102870 The number of citizens solicited to complete surveys. 0 SW102880 The number of completed surveys. 0 SW102890 Hotlines SW102900 The number of calls received by a hotline(s). 0 SW102910 The number of problems/incidents remedied as a result of hotline calls. 0 SW102920 Reforestation Programs SW102930 The number of volunteer tree planters. 0 SW102940 The number of trees planted. 12 Page Number: 16 SW102950 The number of acres planted with trees. 1 SW102960 Public Hearings, stakeholder meetings, or other meetings SW102970 The number of meetings held. 0 SW102980 The number of attendees. 0 SW102990 The number of actions taken as a result of stakeholder meetings. 0 SW103000 Storm Drain Stenciling SW103010 The percent of drains stenciled. 0 SW103020 The number of stenciling volunteers. 0 SW103030 The number of drains stenciled. 0 SW103040 Stream Cleanup SW103050 The number of stream cleanups. 0 SW103060 The number of cleanup participants. 0 SW103070 The quantity of waste collected as a result of cleanup efforts(in tons). 0 SW103080 The number of stream miles cleaned. 0 s6 3 Volunteer Monitoring SW103100 The number of volunteers participating in monitoring programs. 2 SW103110 The frequency of monitoring in the watershed (D-Daily,W-Weekly, B-Bimonthly, M-Monthly, Q-Quarterly and A-annually). LMA& m SW103120 The number of volunteer monitoring stations established in the watershed. 2 SW103130 The number of volunteer monitoring training sessions held. 1 Page Number: 17 SW103140 The number of actions that were taken as a result of the monitoring data-collected by volunteers. 0 SW103150 Wetland Plantings SW103160 The acres of land planted. 0 SW103170 The number of volunteers that participated in planting. 0 SW103180 The number of planting events held. 0 Page Number: 18 Illicit Discharge Detection and Elimination SW103190 Illicit Discharge Detection and Elimination SW103200 Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP,the implementation schedule, and the responsible person or position for implementation? Yes SW103210 Stormwater Map i SW103220 Has the permittee will developed or the in the process of developing a storm sewer map showing the location of all outfalls and the names and location of all receiving waters? Yes Comments: Funding was secured in October 2018 to map all the town's stormwater system with GIS. Map has not been created vet. SW1032111V Does stormwater mapping include drainage areas? Not Applicable SW103270 Does stormwater mapping include receiving streams? Not Applicable SW103280 Does stormwater infrastructure mapping include outfalls? Not Applicable MEEM SW103290 Estimated or actual number of outfalls. unknown at this time. SW103300 Does stormwater infrastructure mapping include sewer pipes? Not Applicable SW103310 Does stormwater infrastructure mapping include structures(e.g., detention ponds and other structural BMPs? Not Applicable SW103320 Estimated or actual number of structural BMPs? 2 SW103330 Percent of outfall mapping complete. 0 SW103340 Does the Stormwater Management Program describe the mechanism (ordinance or other regulatory mechanism)the permittee will use to effectively prohibit illicit discharges into the MS4 and why the permittee chose that mechanism? Yes SW103350 Does the Stormwater Management Program describe the permittee's plan to ensure appropriate enforcement procedures and actions such that the permittee's illicit discharge ordinance (or other regulatory mechanism)is implemented? Yes SW103360 Does the Stormwater Management Program describe the permittee's plan to detect and address illicit discharges to the permittee's system, including discharges from illegal dumping and spills? Yes Page Number: 19 SW103370 The permittee must implement an inspection program to detect dry weather flows at system outfalls and, at a minimum, must address the following: SW103380 Procedures for locating priority areas. SW103390 Procedures for tracing the source of an illicit discharge, including the specific techniques permittee will use to detect the location of the source. SW103400 Procedures for removing the source of the illicit discharge. SW103410 Procedures for evaluation of the plan to detect and eliminate illicit discharges. SW103420 Does the Stormwater Management Program address the following categories of non storm water discharges or flows(i.e., illicit discharges)only if permittee identify them as significant contributors of pollutants to the permitteenulls small MS4: No Root Cause : Stormwater management plans and/or procedures are not current Plan of Action: Original plan states no significant contributors were identified. SW103430 landscape irrigation; SW103440 water line flushing; SW103450 diverted stream flows; SW103460 uncontaminated groundwater infiltration; SW103470 discharges from potable water sources; SW103480 air conditioning condensate(commercial/residential); SW103490 springs; SW103500 footing drains; SW103510 residential and charity car washing; SW103520 dechlorinated swimming pool discharges; SW103530 rising groundwaters; SW103540 uncontaminated pumped groundwater; SW103550 foundation drains; SW103560 irrigation waters(does not include reclaimed water as described in 15A NCAC 2H .0200); SW103570 water from crawl space pumps; SW103580 lawn watering; SW103590 flows from riparian habitats and wetlands; SW103600 street wash water; Page Number: 20 SW103610 flows from emergency fire fighting. SW103620 The permittee may also develop a list of other similar occasional, incidental non-storm water discharges that will not be addressed as illicit discharges. SW103630 These non-storm water discharges must not be reasonably expected (based on information available to the permittees)to be significant sources of pollutants to the Municipal Separate Storm Sewer System, because of either the nature of the discharges or conditions the permittee has established for allowing these discharges to the permittee's MS4(e.g., activity with appropriate controls on frequency, proximity to sensitive waterbodies, BMPs). SW1036 Does the Stormwater Management Program document local controls or conditions placed on discharges and a provision prohibiting any individual non-storm water discharge that is determined to be contributing significant amounts of pollutants to the permittee's MS4? 40 Yes SW103650 In addition to conducting training for selected staff on detecting and reporting illicit discharges,"does the Stormwater Management Program describe how the permittee plans to inform businesses and the general public of hazards associated with illegal discharges and improper disposal of waste? No Root Cause : Stormwater management plans and/or procedures are not current Plan of Action: The town is primarily residential SW103700 Does the Stormwater Management Program establish and publicize a reporting mechanism for the public to report illicit discharges? Yes L AM SW103710 Does the Stormwater Management Program establish an illicit discharge management tracking system? No Root Cause : Stormwater management plans and/or procedures are not current Plan of Action: We are currently researching workorder tracking programs for public works-this could be used to assist with tracking illicit discharge reports. SW103720 Does the Stormwater Management Program establish a stormwater incident response program? Yes SW103730 Does the Stormwater Management Program provide for an illicit discharge brochure, poster or other educational material development and distribution? Yes SW103740 Does the Stormwater Management Program provide for a septic system program in conjunction with the Health Department? =A Not Applicable SW103750 Does the Stormwater Management Program provide street sweeping, inspecting and cleaning inlets and outfalls? Yes SW103760 Does the Stormwater Management Program establish procedures to coordinate efforts to eliminate illicit discharge cross connections between sanitary and storm sewers? Not Applicable SW103770 Does the Stormwater Management Program establish procedures to maintain the sanitary sewer system? Not Applicable Page Number: 21 SW103780 Does the Stormwater Management Program establish a Household Waste Recycling Program? O"A Yes SW103850 Identifying Illicit Connections SW103860 The number of sites prioritized for inspection. 0 SW103870 The number of illicit connections reported by citizens. 0 The number of illicit connections found. 0 SW103890 The number of illicit connections repaired/replaced. 0 SW103900 The number of illicit connection referrals. 0 SW103910 Illegal Dumping SW103930 The number of illegal dumps reported by citizens. 1 SW103940 The number of penalties enforced upon the participants of illegal dumps. 0-person not found SW103950 The number of illegal dump or sit-out clean-ups completed. mmmm 2 SW103970 Industrial or Business Connections SW103980 The number of dry weather tests/inspections completed. 0 SW103990 The number of high-risk connections prioritized. 0 SW104000 The number of illicit connections reported by employees or businesses. = 0 = SW104010 The number of illicit connections found. 0 SW104020 The number of illicit connections repaired/replaced. 0 SW104030 Recreational Sewage SW104040 The number of pump-out stations. 0 Page Number: 22 SW104050 The number of no-discharge areas created. 0 SW104060 The number of new signs added to inform users of dumping policies and alternatives. 0 SW104070 The number of enforced cases of recreational dumping. 0 SW104080 The number of citizen complaints made reporting illegal action. L" 0 SW104090 Sanitary Sewer Overflows(SSO) SW104100 The number of overflows reported. 0 Comments: The Town of Laurel Park does not maintain a sanitary sewer system. SW104110 The number of overflow causes that were identified during inspections. 0 SW104120 The number of sites repaired. 0 SW104130 Wastewater Connections to the Storm Drain System SW104140 The number of rerouted connections. 0 SW104150 The number of dry weather monitoring activities performed. 0 SW104160 The number of unwarranted connections reported. 0 SW104170 The number of unwarranted connections found. 0 SW104180 The number of unwarranted connections repaired/replaced. 0 Page Number: 23 Construction Site Stormwater Runoff Control SW104190 Construction Site Stormwater Runoff Control SW104200 Does the permittee rely on the NCDENR Division of Land Resources(DLR)Erosion and Sediment Control Program to comply with this minimum measure for private development? (If no, go to S W 104220) No Root Cause : Best Management Practice is not current Plan of Action: This is not a deficiency-the Town contracted with Henderson County,via resolution by both governing bodies, effective October 1, 2007 for Henderson County to enforce its Soil Erosion and Sedimentation Control Ordinance within the Town's jurisdiction. SW104210 If the permittee relies on the NCDENR Division of Land Resources(DLR) Erosion and Sediment Control Program to comply with this minimum measure for private development,than the NCDENR Division of Land Resources Erosion and Sediment Control Program effectively meets the requirements of the Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. SW104220 Does the permittee rely on rely on a locally delegated program to meet the minimum measure for private development requirements?(If no, go to SW104300) Yes SW104230 If the permittee relies on a local government to comply with this minimum measure, does the permittee conduct random inspections of local land disturbing activities that have a sediment and erosion control permit, issued by local government? Yes SW104250 If the permittee relies on a local government to comply with this minimum measure, does the permittee report sites that are not in compliance with their sediment and erosion control permits to the local government? Yes SW104260 If the permittee relies on a local government to comply with this minimum measure, does the permittee report unresolved concerns to the local government? Yes SW104270 If the permittee relies on a local government to comply with this minimum measure, does the permittee maintain a record of unresolved concerns reported to the local government? Yes SW104300 Does the permittee have a delegated program to meet the requirements of an Erosion and Sediment Control Program for private development?(If no go to SW104450) Yes SW104310 Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP,the implementation schedule, and the responsible person or position for implementation? Yes SW104320 Does the Stormwater Management Program describe the mechanism (ordinance or other regulatory mechanism)the permittee will use to require erosion and sediment controls at construction sites and why the permittee chose that mechanism? Yes Page Number: 24 SW104330 If permittee needs to develop this mechanism,the permittee's plan should describe the plan and a schedule to do so. SW104340 Does the Permittee conduct site plan review(s), including the review of pre-construction site plans,which incorporate consideration of potential water quality impacts? Yes SW104350 The Stormwater Management Program must describe procedures and the rationale for how permittee will identify certain sites for site plan review, if not all plans are reviewed and describe the estimated number and percentage of sites that will have pre-construction site plans reviewed. SW104360 Does the Stormwater Management Program describe the permittee's plan to ensure compliance with the permittee's erosion and sediment control regulatory mechanism, including the sanctions and enforcement mechanisms permittee will use to ensure compliance? Yes The Stormwater Management Program must describe the permittee's procedures for when the permittee will use certain sanctions. Possible sanctions include non-monetary penalties(such a stop work orders),fines, bonding requirements, and/or permit denials for non-compliance. SW104380 Does the Stormwater Management Program describe the permittee's procedures for site inspection and enforcement of control measures, including how the permittee will prioritize sites for inspection? Yes SW104430 Does the Stormwater Management Program require construction site operators to implement erosion and sediment control BMPs and to control construction site wastes that may cause adverse water quality impacts? Yes SW104440 Does the Stormwater Management Program require construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality? No Root Cause : Stormwater management plans and/or procedures are not current Plan of Action: At next update,this could be made a more explicit point within the plan. SW104450 Does the permittee provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems? Yes SW104460 Consider coordinating this requirement with the permittee's public education program. Publicize the procedures and contact information. The procedures must lead directly to a site inspection or other timely follow-up action. The permittee may implement a plan promoting the existence of the NCDENR, Division of Land Resources"Stop Mud" hotline to meet the requirements of this paragraph. SW104470 Staff Training and Certification SW104480 The number of training and certification programs offered to staff. 0 SW104490 The number of trained staff inspectors. 0 SW104500 The number of certified staff inspectors. 0 Page Number: 25 SW104510 The number of certified contractors by permittee. 1 SW104520 Inspection and Enforcement SW104530 The number of plans reviewed greater than one acre. 2 SW104590 The number of enforcement actions or NOVs taken. 0 Page Number: 26 Post-Construction Storm Water Management in New Development and Redevelopment SW104890 Post-Construction Storm Water Management in New Development and Redevelopment SW104900 Does the Stormwater Management Plan summarize what best management practices will be used,the frequency of the BMP, the measurable goals for each BMP,the implementation schedule, and the responsible person or position for implementation? Yes SW104910 Does the Stormwater Management Program describe how the permittee will develop an ordinance or other regulatory mechanism to implement and enforce a program to address post construction runoff from new development and redevelopment projects? Yes SW104920 The permittee's ordinances, and subsequent modifications,will be reviewed and approved by DWQ prior to implementation. The approval process will establish subsequent timeframes when DWQ will review performance under the ordinance(s). The reviews will occur, at a minimum, every five years. Regulated public entities without ordinance making powers must demonstrate similar actions taken in their post construction stormwater management program to meet the minimum measure requirements. SW104930 Does the Stormwater Management Program describe how the permittee will ensure the long-term operation and maintenance(O&M)of BMPs? Yes SW104940 Options to help ensure that future O&M responsibilities are clearly identified include an agreement between the permittee and another party, such as the post-development landowners or regional authorities. Yes sw105000 Does the Stormwater Management Program explain how the permittee will control the sources of fecal coliform to the maximum extent practicable? No Root Cause : Best Management Practice is inadequate Plan of Action: Not addressed; can be included at next plan update. SW105010 Do new development and redevelopment codes allow for the following: SW105020 Bioretention basins? Yes SW105030 Alternative pavers? Yes SW105040 Buffer zones? Yes SW105050 Dry ponds? Yes SW105060 Wet ponds? Yes sW105070 Alternatives to curb and gutter? Yes Page Number: 27 SW105080 Grass swales? M&MPFM Yes SW105090 Grassed filter strips? Yes SW105100 Green parking lots? Yes SW105110 In-line storage systems? Yes SW105120 Infiltration basins? Yes SW105130 Infiltration trenches? Yes SW105140 Manufactured products installed in storm water inlets? EL Yes SW105150 Developments and redevelopments that use narrow streets? Yes On-lot treatment? Yes SW105170 Open space design? Yes SW105180 Sand and organic filters? Yes SW105190 Porous pavement? Yes SW105200 Stormwater wetlands? Yes SW105210 Urban forestry? Yes SW105220 Does the Stormwater Management Program, in coordination with the County Health Department, ensure proper operation and maintenance of on-site wastewater treatment systems for domestic wastewater? Yes SW105230 Does the Stormwater Management Program provide training for staff and developers/builders? Yes SW105260 BMP Inspection and maintenance Page Number: 28 SW105270 Are annual inspection reports required of permitted structural BMPs performed by a qualified professional? Yes SW105280 The number of BMP inspections and/or maintenance activities. 0 SW105290 The number of problems that were identified and remedied. 0 SW105300 New Development and Redevelopment BMP Summary SW105310 The number of development/redevelopment projects regulated for post-construction stormwater control. 0 SW105550 Evaluation of Post-construction Stormwater Management Program Measures SW105560 Model Practices: For those areas within the jurisdictional area of the permittee that are not subject to the post-construction stormwater management provisions of another existing state stormwater management program,does the permittee's Post-construction Stormwater Management Program equal or exceed the stormwater management and water quality protection provided by the following model practices: SW105570 Does the permittee issue local stormwater management permits to new development or redevelopment projects as either a low density project or a high density project? Yes SW105580 Do projects permitted as a low density projects meet the following criteria: Yes SW105590 No more than two dwelling units per acre or 24% built-upon area; and, SW105600 Use of vegetated conveyances to the maximum extent practicable? SW105610 Are projects permitted as high density projects meet the following requirements: Yes SW105620 The stormwater control measures control and treat the difference between the pre-development and post-development conditions for the 1-year 24-hour storm. Runoff volume draw-down time must be a minimum of 24 hours, but not more than 120 hours; SW105630 All structural stormwater treatment systems are designed to achieve 85%average annual removal of total suspended solids; and SW105640 Stormwater management measures comply with the General Engineering Design Criteria For All Projects requirements listed in 15A NCAC 2H .1008(c); SW105650 Are deed restrictions and/or protective covenants required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development(or redevelopment)consistent with the approved plans? Yes i SW105660 Are all built-upon areas at least 30 feet landward of perennial and intermittent surface waters? Yes Page Number: 29 SW105670 Watershed Protection Plans: Has the Permittee developed, adopted, and implemented a comprehensive watershed protection plan to meet part, or all,of the requirements for post-construction stormwater management? Yes SW105680 Areas within the jurisdictional area of the permittee that are already subject to the existing state stormwater management programs are deemed compliant with the post-construction stormwater management model practices identified in (a). The programs are: the Water Supply Watershed protection programs for WS-1—WS-IV waters,the HQW and ORW waters management strategies,the Neuse River Basin Nutrient Sensitive Waters(NSW) Management Strategy,the Tar-Pamlico River Basin Nutrient NSW Strategy, and the Randleman Lake Water Supply Watershed program. SW105690 A regulated entity may develop its own comprehensive watershed plan, use the model ordinance developed by the Commission, design its own post-construction practices based on the Division's guidance and engineering standards for best management practices, or incorporate the post-construction model practices to satisfy, in whole or in part,the requirements for post-construction stormwater management. SW105700 Additional Requirements for Trout Waters: Has the permittee developed, adopted, and implemented an ordinance(or similar regulatory mechanism)to ensure that the best management practices selected do not result in a sustained increase in the receiving water temperature? Not Applicable SW105710 Additional Requirements for Nutrient Sensitive Waters SW105720 Has the permittee developed, adopted, and implemented an ordinance(or similar regulatory mechanism) to ensure that the best management practices for reducing nutrient loading is selected? Not Applicable SW105730 Has the permittee developed and included a nutrient application (fertilizer and organic nutrients) management program in the Post-construction Stormwater Management Program? Not Applicable SW105740 In areas where the Environmental Management Commission has approved a Nutrient Sensitive Water Urban Stormwater Management Program,the provisions of that program fulfill the nutrient loading reduction requirement. Page Number: 30 Pollution Prevention/Good Housekeeping for Municipal Operations SW105750 Pollution Prevention/Good Housekeeping SW105760 Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP,the implementation schedule, and the responsible person or position for implementation? Yes Sw105770 Does the Stormwater Management Program list the permittee's municipal operations that are impacted by this operation and maintenance program? Yes Ah As SW105780 The permittee must also include a list of industrial facilities the permittee owns or operates that are subject to NPDES Stormwater General Permits or individual NPDES permits for discharges of storm water associated with industrial activity that ultimately discharge to the permittee's MS4, including the permit number and certificate of coverage number for each facility. SW105790 Municipal Operations include: SW105800 Transfer Station No SW105810 Fleet Maintenance Yes SW105820 Airport No SW105830 Animal Shelters No Sw105840 Waste Water Treatment Plan No SW105850 Water Plants No SW105860 Construction Debris Site No SW105870 Transit Authority No sw105880 Public Works Operations Yes SW105890 Prisons No sw105900 Emergency Service Facilities No Page Number: 31 SW105910 Fire Stations No SW105920 Landfills No SW105930 Schools No S W 105940 Parks Yes SW105950 Waste Recycling Centers No SW105960 Vehicle Maintenance Operations Yes SW105970 Vehicle Wash Operations No SW105980 Pump Stations or Lift Stations Yes S W 105990 Other: n/a SW106000 In addition to conducting staff training on stormwater pollution prevention and good housekeeping procedures, does the Stormwater Management Program describe any government employee training program the permittee will use to prevent and reduce storm water pollution from activities such as park and open space maintenance,fleet and building maintenance, new construction and land disturbances, and storm water system maintenance? Yes SW106010 Does the Stormwater Management Program describe any existing, available training materials the permittee plans to use? Yes SW106030 Does the Stormwater Management Program describe maintenance activities, maintenance schedules, and long-term inspection procedures for controls to reduce floatables and other pollutants to the permittee's MS4? Yes SW106050 Does the Stormwater Management Program describe the permittee's procedures for the proper disposal of waste removed from the permittee's MS4 and the permittee's municipal operations, including dredge spoil, accumulated sediments,floatables, and other debris? No Root Cause : Stormwater management plans and/or procedures are not current Plan of Action: Not addressed, but the Town does not own or operate a waste transfer station. SW106110 Industrial Activities Page Number: 32 SW106120 Did the permittee conduct annual review of the industrial activities with a Phase I NPDES stormwater permit owned and operated by the permittee? Not Applicable SW106130 Did the permittee review the Stormwater Pollution Prevention Plan,the timeliness of any monitoring reports required by the Phase I permit, and the results of inspections and subsequent follow-up actions at the facilities. Not Applicable SW106160 Does the permittee have a Used Oil Recycling Program? No Root Cause : Stormwater management plans and/or procedures are not established Plan of Action: This program is offered by Henderson County. SW106170 Does the permittee have a street sweeping program? No Root Cause : Best Management Practice is not established Plan of Action: The Town has very little curb and gutter streets, and street sweeping has proved unnecessary. SW106180 Does the permittee have a program to clean catch basins, storm lines, and ditches? Yes SW106190 Does the permittee review fertilizer and pesticide use programs? Yes SW106200 Does the permittee have spill prevention plans at city facilities? Yes SW106210 City Facilities Inspections SW106220 Does the permittee inspect vehicle washing fueling, storage and maintenance areas? Yes SW106230 Does the permittee inspect material storage areas(i.e., storage areas for sand, salt,fertilizers, pesticides and other chemicals)? Yes SW106240 Does the permittee inspect stormwater outfalls? Yes SW106250 Does the permittee inspect culverts? Yes SW106260 Does the permittee inspect swales/ditchs? Yes SW106270 Does the permittee inspect catch basins, inlets, and grates? Yes SW106280 Does the permittee inspect MS4 pipes? Yes Page Number: 33 SW106290 Does the permittee inspect solid and hazardous waste management facilities and recycling centers? Not Applicable SW106300 Does the permittee inspect animal shelters and pounds? Not Applicable SW106310 Does the permittee inspect parking lots? Yes SW106320 Does the permittee inspect parks and open spaces? L" Yes SW106330 The number of inspections conducted. 5 SW106400 Automobile Maintenance SW106410 The number of employees trained in preventing pollution from automobile maintenance activities. 0 SW106420 The number of sites rewarded as being a"clean site" under a rewards program. 0 SW106430 The number of spills reported. 0 SW106440 The number of educational materials distributed at garages, auto shops, and other automobile-related businesses. 1 SW106450 Hazardous Materials Storage SW106460 The total number of storage facilities equipped to store hazardous materials. 1 SW106470 The number of regularly inspected storage units. 1 SW106480 The number of employees trained in hazardous material storage and maintenance. 1 SW106490 Illegal Dumping SW106500 The number of"no dumping"signs posted. 2 SW106510 The number of educational materials distributed. 0 SW106520 The number of reports of illegal dumping received. 0 Page Number: 34 SW106530 The number of dump sites and/or illegal sit-outs cleaned up. 0 SW106540 The number of sites improved to eliminate as target dumping spots. 0 SW106550 The number of enforcement actions pertaining to illegal dumping. 0 SW106560 Landscape and Lawn Care, and Pest Control SW106570 The number of stores/gardens participating in education programs. 0 SW106580 The number of residents trained by the permittee in safe landscaping, lawn care, and pest management techniques. M6 A 10 SW106590 The number of classes/seminars offered by the permittee in landscaping and lawn care. 1 SW106610 The number of municipal employees trained in integrated pest management. SW106620 Parking Lot and Street Cleaning SW106630 The number of parking lot 2 SW106640 The number of scheduled parking lot and/or road cleanings. 0 SW106650 Pet Waste SW106660 The number of dog parks. 0 SW106670 The number of"pooper-scooper"stations installed 5 SW106680 The number of educational materials distributed. 0 SW106690 Road Salt Application and Storage SW106700 The number of storage facilities included in a regular inspection and maintenance program. 1 SW106710 The number of employees trained in road salt application. 8 SW106720 The quantity of salt applied to roadways (in tons). 75 Page Number: 35 SW106730 The quantity of alternative products used (in tons). 50 SW106800 Spill Response and Prevention SW106810 The number of leak detection devices installed at municipal facilities. 0 SW106820 The number of preventative maintenance procedures performed on tanks,valves, pumps, pipes, and other equipment. 0 SW106830 The number of personnel trained in spill response. 0 SW106840 The number of regularly inspected high-risk facilities. 0 SW106850 The number of educational materials distributed to municipal employees. 0 SW106860 Storm Drain System Cleaning SW106870 The number of outfalls cleaned regularly. 3 SW106880 The number of storm drains cleaned regularly. 10 SW106890 The amount of trash, sediment,and other pollutants removed during cleaning (in tons). 2 SW106900 Used Oil Recycling SW106910 The number of gallons of used oil collected from municipal operations. 160 SW106920 The number of recycling facilities that collect oil from municipal operations. 1 SW106930 The number of educational materials distributed to municipal employees. 0 SW106940 Vehicle Washing SW106950 The number of educational materials distributed to municipal employees. 0 SW106960 The number of designated municipal vehicle washing areas. 0 Page Number: 36 Program Accomplishments SW106970 Staff and Capital Improvement Projects SW106980 The number of staffed stormwater management position(s). 0 SW106990 The number of new stormwater management position(s)created or staffed for the reporting year. 0 SW107000 Total annual budget(excluding Capital Improvement Projects)for the NPDES stormwater management program for the reporting year. 5000 SW107010 The number of Capital Improvement Projects planned. 2 SW107020 The number of Capital Improvement Projects active. 0 SW107030 The number of Capital Improvement Projects completed. 2 SW107040 Total annual budget for Capital Improvement Projects for the reporting year. 40000 Page Number: 37 Ordinance, Legal or Regulatory Authority SW107050 Ordinance, Legal or Regulatory Authority SW107060 Illicit Discharge Detection& Elimination Adopted SW107070 Erosion &Sediment Control Adopted SW107080 Post-Development Stormwater Management Adopted SW107090 Stormwater Ordinance Adopted SW107100 Unified Development Ordinance Not Applicable SW107110 Flood Damage Protection Ordinance Adopted S W 107120 Other: Not Applicable SW107130 Other: Not Applicable SW107140 Other: Not Applicable Page Number: 38 Department of Environment and Natural Resources Division of Water Quality small MUNICIPAL separate storm sewer system NPDES STORMWATER Management Program Report Narrative Application Supplement TABLE OF CONTENTS 1. STORM SEWER SYSTEM INFORMATION 2 1.1. POPULATION SERVED 2 1.2. GROWTH RATE 2 1.3. JURISDICTIONAL AND MS4 SERVICE AREAS 2 1.4. MS4 CONVEYANCE SYSTEM 2 1.5. LAND USE COMPOSITION ESTIMATES 3 1.6. TMDL IDENTIFICATION 3 2. RECEIVING STREAMS 4 3. EXISTING WATER QUALITY PROGRAMS 5 3.1. LOCAL PROGRAMS 5 3.2. STATE PROGRAMS 5 4. PERMITTING INFORMATION 6 4.1. RESPONSIBLE PARTY CONTACT LIST 6 4.2. ORGANIZATIONAL CHART 8 4.3. SIGNING OFFICIAL 9 4.4. DULY AUTHORIZED REPRESENTATIVE 9 5. CO-PERMITTING INFORMATION (IF APPLICABLE) 10 5.1. CO-PERMITTEES 10 5.2. LEGAL AGREEMENTS 10 5.3. RESPONSIBLE PARTIES 10 6. RELIANCE ON ANOTHER GOVERNMENT ENTITY 11 6.1. NAME OF ENTITY 11 6.2. MEASURE IMPLEMENTED 11 6.3. CONTACT INFORMATION 11 6.4. LEGAL AGREEMENTS 11 7. STORMWATER MANAGEMENT PROGRAM 12 7.1. PUBLIC EDUCATION AND OUTREACH ON STORM WATER IMPACTS 12 7.2. PUBLIC INVOLVEMENT AND PARTICIPATION 13 7.3. ILLICIT DISCHARGE DETECTION AND ELIMINATION 15 7.4. CONSTRUCTION SITE STORMWATER RUNOFF CONTROL 16 7.5. POST-CONSTRUCTION STORM WATER MANAGEMENT IN NEW DEVELOPMENT AND REDEVELOPMENT 17 7.6. POLLUTION PREVENTION/GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 20 June 1, 2010 1 1. STORM SEWER SYSTEM INFORMATION. 1.1 Population Served: 2027 (2000 Census) • Permanent: 2271 as of July 1, 2008 • Basis of Population statistic: 2000 Census has Laurel Park's population as 2027. The NC Office of State Planning estimates that Laurel Park's population as of July 1, 2008 is 2271. • Seasonal: Census 2000 listed Laurel Park with a seasonal population of 124. Laurel Park has several out of state/in state residents with second homes in Laurel Park. 1.2 Growth Rate: July 1, 1998 =2064 2000 Census =2027 July 1, 2008 =2271 10 year population difference= 207 207/2064= 10 % as ten year growth rate 10.0%/ 10 = 1 %per year 1.3 Jurisdictional and MS4 Service Areas: Jurisdictional Area Total: 2.88 square miles MS4 Service Area: 2.61 square miles (removes DOT maintained road area) 1.4 MS4 Conveyance System: The Town of Laurel Park's storm sewer system is mainly open drainage ways with a minimal amount of curb and gutter on local, state, and private roads. The Town maintains most roads within the community and the roadways drain into receiving wooded areas and/or streams directly. The State DOT maintains systems along the State Roads, which in Laurel Park includes a section of US 64W and several arterial roads. (Laurel Park's State Powell Bill Map, July 1, 2009): There are private drives and small roadways that are both paved and unpaved that connect to Town and State roads and are maintained by owners. Most use open ditches. Town maintenance includes leaf pickup, garbage pickup,brush removal, street sweeping, and storm-drain clearance. Public Works staff routinely cleans out roadway and driveway culverts and storm drains as needed. Laurel Park's Public Works Department currently maintains 8 full time employees. Town, state, and private systems channel water into ditches that flow into un-named tributaries leading into Shaw Creek, Wash Creek (Rainbow Lake, Temple Terrace Lake), Tonys Creek,North Fork Willow Creek, or Finley Creek. Several other un-named blue-line 2 streams indicated on the USGS Topographical Survey may hold or carry water into these creeks during periods of rain, but are usually dry. 1.5 Land Use Composition Estimates: • Residential 52 % • Commercial 7 % • Industrial 0 % • Open Space 41 % Tota I = 100 % Estimate Methodology for Land Use Estimates: ➢ Jurisdictional Area and Land Use Composition were estimated from Henderson County Planning's ArcView GIS System based on current County Land Records. Road acreage estimates were included within the residential and commercial categories as appropriate. Category Acres Percentage Residential 954 52 % Commercial 131 7 % Industrial 0 0 % Open Space 758 41 % Total 1843 100 % 1.6 TMDL Identification: None of the receiving streams within Laurel Park's jurisdiction are TMDL controlled bodies of water. 3 2. RECEIVING STREAMS. Table 1. French Broad River Basin: Stormwater Receiving Streams within the Town of Laurel Park' Receiving Stream Name am S Water Use Water And Index Number Streegment Quality Support Quality Classification Rating Issues North Fork Willow Creek From Town Limit to Town C Tr Not 6-46-2 Limit Rated UT of North Fork Willow From source to Town C Tr Not Creek 12 Limit3 Rated No DWQ index# UT of North Fork Willow From source to North Fork Not Creek 22 Willow Creek C Tr Rated No DWQ index# Brightwater Branch (Lake From source to Town Limit WS-IV B Not Stel) Rated 6-50-2 UT of Brightwater Branch From source to Brightwater WS-IV B Not No DWQ index# Branch Rated Echo Lake and Briar Lake Entire lakes and connecting WS-IV Not 6-50-1 stream to Town Limit Rated UT of Echo Lake and From source to receiving WS-IV Not Briar Lake (and stream of Echo Lake and Rated connecting stream) Briar Lake No DWQ index# Shaw Creek From source to Town Limit WS-IV Not 6-50 Rated Wash Creek From source to Town Limit B Not 6-55-7 Rated UT of Wash Creek 12 From source to Wash Creek B Not No DWQ index# Rated UT of Wash Creek 22 From source to Wash Creek B Not No DWQ index# Rated UT of Wash Creek 32 From source to Wash Creek B Not No DWQ index# Rated Tonys Creek From source to Town Limit B Not 6-55-6-2 Rated Finley Creek From source to Town Limit B Not 6-55-6-1-1 Rated UT of Finley Creek 12 From Town Limit to Finley B Not No DWQ index# Creek Rated UT of Finley Creek 22 From source to Finley B Not No DWQ index# Creek Rated 'Source: all blue-lined streams on USGS 1:24:000 Hendersonville and Horse Shoe topographic maps within Laurel Park municipal boundaries 2Unnamed tributaries (UT) to named streams are numbered sequentially, from upstream to downstream on the named stream 3Some stream sections are outside of town limit 4 3. EXISTING WATER QUALITY PROGRAMS. 3.1 Local Programs: a. Local Water Supply Watershed Program: The Town of Laurel Park adopted on January 30, 1997, and amended, on December 17, 2002 the provisions of the Watershed Protection Act (NCGS 143-214.5). Approximately 35% of the Town's land use jurisdiction is within the MS-1V Protected Area of the French Broad River(Asheville) water supply watershed. The Water Quality Committee of the Environmental Management Commission reviewed and approved the Town's Watershed Overlay District Ordinance. This ordinance has strict limits on density and built-upon limits with the watershed and includes stream buffer area requirements. b. Land Use Plan: Adopted in 1988 and revised December 20, 2005. c. Delegated Erosion and Sediment Control Program: Section 903, Stormwater and Subsurface Drainage, of the Town Zoning Ordinance outlines procedures for maintaining erosion and sedimentation control during activities that disturb less than one acre. d. The Town's Subdivision Ordinance and Zoning Ordinance require a permit from the Henderson County Soil and Erosion Office prior to grading and/or construction when the area to be disturbed is over one acre. Local Sedimentation and Erosion Control on construction sites (over 1 acre) Natalie J. Berry Erosion Control Division Chief Henderson County 240 2ND Avenue East Hendersonville,NC 28792 Phone: 828-697-4833 ext. 1023; FAX: 828-698-6185 Email: nberryghendersoncountync.org 3.2 State Programs: N/A 5 4. PERMITTING INFORMATION. 4.1. RESPONSIBLE PARTY CONTACT LIST: The Town Manager will be responsible for the day-to-day activities and the coordination and implementation of the Town's Stormwater Management Program Goals. a. Name of Contact Person Christopher Todd b. Title Town Manager c. Street Address 441 White Pine Drive d. City Laurel Park e. State NC f. Zip 28739-0910 g. Telephone Number (828) 693-4840 h. Fax Number (828) 686-4948 i. E-Mail Address ctodd(alaurelparlc.org To meet certain goals, however, the Town must rely on the following entities and have procedures in place for working with them: Goal: Prevent hazardous materials from reaching area streams through timely and effective emergency management in hazardous spill situations. • Name of Entity Valley Hill Fire and Rescue • Element they will Hazardous Material Spill Response implement • Contact Person Tim Garren • Contact Address P. 0. Box 726, Hendersonville, NC 28793 • Contact Telephone (828) 692-2581 Fax (828) 692-3196 Number and Fax • Email timgarren@valleyhillfire.com • Name of Entity Henderson County Emergency Management/911 • Element they will Hazardous Material Spill Response implement • Contact Person Jimmy Brissie • Contact Address 101 East Allen Street, Hendersonville, NC 28793 • Contact Telephone (828) 697-4728 Fax (828) 697-4533 Number and Fax • Email ibrissie@hendersoncountync.gov 6 Goal: Maintain roads and storm sewer infrastructure. • Name of Entity NC Department of Transportation — Division 14 • Element they will US 64W and State Road maintenance implement • Contact Person Brian Birch, Division Engineer • Contact Address 4142 Haywood Rd., Horseshoe, NC 28742 • Contact Telephone (828) 891-7911 FAX: (828) 891-5026 Number and Fax • Email mgibbs@dot.state.nc.us Goal: Regular inspections of existing septic systems and wells. • Name of Entity Henderson County Environmental Health Department • Element they will Well, septic, and wastewater treatment systems implement inspections • Contact Person Seth Swift, Environmental Health Supervisor • Contact Address 1200 Spartanburg Highway, Suite 100, Hendersonville, NC 28792 • Contact Telephone (828) 694-6044 FAX: (828) 697-4523 Number and Fax • Email sswift hen derson county nc.or Goal: Maintain an effective Erosion and Sediment Control Program for construction activities in coordination with the local NCDENR Office. • Name of Entity Henderson County Soil and Erosion Control Division • Element they will Erosion and Sediment Control Program for implement construction activities • Contact Person Natalie 1. Berry • Contact Address 240 2"d Avenue, Hendersonville, NC 28792 • Contact Telephone (828) 697-4833 ext 1023 Number and Fax FAX: (828) 698-6185 • Email nberry@)hendersoncountync.orq Laurel Park continues to work with other entities that assist with the Town's Implementation Plan. These include Land-of-Sky Regional Council, which coordinates with other entities as part of a regional effort to assist in the Public Education and Outreach as well as other programs, and the Greater Hendersonville Chamber of Commerce's Environmental Committee, which facilitates a Public Involvement and Participation process for business people and developers in the area. 7 4.2 ORGANIZATIONAL CHART: Laurel Park Town Council Mayor Carey O'Cain Commissioners (4) Town Manager Christopher Todd Police Department Town Administration Public Works Bobbie Trotter, Kimberly B. Hensley, Andrew Griffin, Chief I Town Clerk Superintendent 8 Full Time 8 Full Time 3 Reserve 3 Full Time I j Laurel Park coordinates with NCDOT Division 14 on driveway permits and maintenance requests, as needed. Developers are required by the Town to go to get a Sedimentation and Erosion Control Permit from Henderson County Soil and Erosion Office for any land disturbing activity of one acre or more. The County Environmental Health Department inspects septic and well systems in Laurel Park. Laurel Park maintains a contract with Valley Hill Fire and Rescue Department. In an emergency or a Hazardous Material Spill,Valley Hill will be dispatched by the County's 911 System. The Town is a voting member of the Land-of-Sky Regional Council of Governments. 8 4.3 Signing Official: The Signing Official for this application is Carey O'Cain, Mayor of Laurel Park, the elected official with the highest authority in accordance with Town Charter. 4.4 Duly Authorized Representative. The duly authorized representative for the permit application is the Town Manager, Christopher Todd. 9 5. CO-PERMITTING INFORMATION (IF APPLICABLE). N/A 10 6. RELIANCE ON ANOTHER GOVERNMENT ENTITY. 6.1 —6.3: Table 2: Assisting Government Entities,Measures Implemented, and Contact Information a. Do you intend that another entity perform one or more of X Yes ❑ No your permit obligations? b. If yes, identify each entity and the element they will be implementing • Name of Entity Valley Hill Fire and Rescue • Element Implemented Hazardous Material Spill Response • Contact Person Tim Garren • Contact Address PO Box 726, Hendersonville, NC 28793 • Contact Telephone No. (828) 692-2581 • Name of Entity Henderson County Emergency Management/911 • Element Implemented Hazardous Material Spill Response • Contact Person Rocky Hyder • Contact Address 101 East Allen Street, Hendersonville, NC 28793 • Contact Telephone No. (828) 697-4728 • Name of Entity NC Department of Transportation — Division 14 • Element Implemented US64W and State Road maintenance • Contact Person Mark Gibbs, Division Engineer • Contact Address 4142 Haywood Rd., Horseshoe, NC 28742 • Contact Telephone No. (828) 891-7911 • Name of Entity Henderson County Environmental Health Department • Element Implemented Well, septic, and wastewater treatment systems inspections • Contact Person Seth Swift, Environmental Health Supervisor • Contact Address 1200 Spartanburg Highway, Suite 100, Hendersonville NC 28792 • Contact Telephone No. (828) 692-4228 • Name of Entity Henderson County Erosion Control Division • Element implemented Construction-site Run-off Inspection • Contact Person Natalie J. Berry • Contact Address 240 2"d Avenue East, Hendersonville, NC 28792 • Contact Telephone No. (828) 687-4833 ext. 1023 6.4 LEGAL AGREEMENTS: The Town maintains a contract with Valley Hill Fire and Rescue Department for Fire Protection Services and they provide first response for hazardous material spills. Henderson County provides Emergency(911) and Environmental Health Department Services as part of County services. The Henderson County Soil and Erosion Control Division provide Sedimentation and Erosion Control as part of County services. The DOT Division Office provides services by the State without a formal agreement with the Town. 11 7. STORMWATER MANAGEMENT PROGRAM. The Town developed, implemented, and will enforce a Stormwater Management Program(SWMP) designed to reduce the discharge of pollutants from its small MS4 to the maximum extent practicable (MEP), to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act. 7.1 PUBLIC EDUCATION AND OUTREACH ON STORM WATER IMPACTS. Minimum Measure (i): A public education and outreach program on the impacts of Stormwater discharges on water bodies to inform citizens of how to reduce pollutants in Stormwater run-off. The public body may satisfy this requirement by developing a local education and outreach program; by participating in a statewide education and outreach program coordinated by the department; or a combination of those approaches. To meet this requirement the Town implemented a public education program to distribute educational materials to the community and conduct outreach activities to educate the public on the impacts of Stormwater discharges on water bodies. Goals: 1. Explore the feasibility of regional approaches to the development and distribution of public educational materials and/or using any statewide education or outreach programs, and develop a public materials distribution plan within two years. Have informational materials available in Town Hall, on the Town's web-site, and through other mechanisms. 2. Work with local entities including Land-of-Sky Regional Council, the Mud Creek Water Shed Restoration Council, RiverLink, Henderson County Environmental Conservation Organization, and other local agencies and organizations to develop local training sessions and materials for the public. This could include topics such as Phase II Requirements, Low-Impact Design, Watershed Planning and Protection, Erosion and Sediment Control Planning and Design, Hazardous Material Disposal, or Habitat and Stream Restoration. Conduct or support and advertise at least one such training per year. 7.1.1 Discussion. (1) Target Pollutant Sources our Education Program will address and Why: • Sedimentation and Erosion—Laurel Park is a mountainous community. When land is disturbed during any construction process, the erosion rate has the potential to accelerate rapidly. This coupled with natural erosion because of the mountainous terrain makes soil and erosion control a Town priority. • Hazardous Materials—As with any community,the proper disposal of hazardous materials is important. The Town is the headwaters to numerous streams, and the protection of these streams is important to Laurel Park and the surrounding areas. 12 • Fecal Bacteria—Laurel Park has a high number of operating septic systems within the community. Proper maintenance and care of these systems are a priority within the community. (2) Target Audiences that will have storm water impacts: • The general public • Developers • Professional landscapers • Town staff (3) Outreach Program: • The Town worked with the Land-of-Sky Regional Council in establishing a work group, with several other local government entities, to develop outreach strategies and "BMPs". The regional group developed brochures for the public, newspaper articles, TV ads, and a web page used to educate the public on storm water impacts. The Town includes the brochures developed in welcome packets to new residents and the brochures are available at Town Hall upon request. • The Town continues to work with the Mud Creek Watershed Restoration Council striving to improve and protect water quality throughout the Mud Creek. The Town has one Commissioner on the Council. (4) Evaluation: Laurel Park is a fairly small Town, mainly residential in nature, and it is difficult to evaluate effectiveness of efforts involving outreach. The Town will continue using the mechanisms developed to education the public (web site information,brochures, and news articles). 7.2 PUBLIC INVOLVEMENT AND PARTICIPATION. Minimum measure (ii): A public involvement and participation program consistent with all applicable state and local requirements. To meet this requirement the Town of Laurel Park will: Goals 1. Continue to seek input and provide updates on Phase II requirements and implementation to the Town Council and the Town Planning Board as part of regularly scheduled public meetings. 2. Use the Planning Board to develop strategies and finalize an implementation plan. 13 3. Explore feasibility of working with other local agencies or adjoining communities to develop public input and informational workshops or other processes. As an example, the Mud Creek Restoration Council. 4. Explore feasibility of initiating a local "Adopt-a-Stream" or"Adopt-a-Creek"program in coordination with RiverLink, Henderson County Environmental Conservation Organization, Scout Troops, or other local entities. 5. Continue to promote and participate in the annual North Carolina"Big Sweep" Event each September urging citizens to do their part to restore the beauty and function of our lakes, streams, rivers, and creeks by volunteering to participate in the North Carolina Big Sweep event. 7.2.1 Discussion: • At the April 20, 2004 Town Council meeting, the Laurel Park Town Council conducted a public hearing to receive comments of the Town's proposed Stormwater Management Program. • At the January 15, 2008 Town Council meeting, the Laurel Park Town Council conducted a public hearing to receive comments and adopted a Stormwater Management Ordinance. • At the December 20, 2005 Town Council meeting, the Laurel Park Town Council held a public hearing to receive comments of the 2015 Comprehensive Plan and adopted the plan. One of the implementation strategies addressed Stormwater Management. • The Town continues to work with the Mud Creek Watershed Restoration Council striving to improve and protect water quality throughout the Mud Creek. The Town has one Commissioner on the Council. • The Town annually participates in the North Carolina Big Sweep program which is a statewide community effort to retrieve trash from local waterways. • The Friends of Laurel Park sponsors twice a year a litter sweep effort to remove trash from right-of-ways in an effort to eliminate litter from stormwater outlets. 7.2.2 Evaluation: Laurel Park is a fairly small Town, mainly residential in nature, and it is difficult to evaluate the effectiveness of efforts. The Town will continue participating in the programs developed to ensure public involvement and improve Stormwater Management. Currently, the Town experiences minimal complaints on Stormwater Management. 14 7.3 ILLICIT DISCHARGE DETECTION AND ELIMINATION. Minimum Measure (iii): A Program to detect and eliminate illicit discharges within the MS4. The Program shall include a storm sewer system mapping component that at a minimum identifies Stormwater outfalls and the names and location of all waters within the jurisdiction of the public body. To meet this requirement the Town of Laurel Park will develop, implement, and enforce a program to detect and eliminate illicit discharges into the MS4. Goals: 1. Develop a map of the MS4 system and its outfalls relative to available USGS information. Update and maintain as needed. 2. Adopt a local ordinance with regulatory fines to prohibit illicit discharges into the MS4 system or receiving streams. 3. Develop a plan to detect and eliminate illicit discharges as part of the local regulations implemented with the permit. 4. Prevent hazardous materials from reaching area streams through timely and effective emergency management in hazardous spill situations. 5. Regular inspections of existing septic systems and wells by the Henderson County Environmental Health Department will be conducted. 7.3.1 Discussion: • Storm Sewer System Map. A map of Laurel Park's Storm Sewer System was developed by our consulting engineering firm, William G. Lapsley and Associates. The map shows major outfalls and drainage areas and the names and location of receiving streams relative to USGS mapping information. • Regulatory Mechanism and Enforcement: The Town adopted on January 15, 2008 a Stormwater Management Ordinance using the State model. The ordinance contains enforcement measures that involve notification and potential fines for violations. • Detection and Elimination: Priority for possible illicit discharges is the areas near the receiving streams relative to USGS mapping information. The Town will continue to work closely with the County's Department of Environmental Health, as needed, to identify and eliminate any contaminants from on-site sewage disposal systems. Procedures for tracing sources of illicit discharges are largely complaint driven and then the complaint is given to the appropriate agency/department for resolution. • Non Stormwater Discharges: The Town's ordinance states that prohibited substances include but are not limited to: oil, anti-freeze, chemicals, animal waste,paints, garbage, and litter. The ordinance also addresses several allowable discharges, such as, water line flushing, landscape irrigation, rising ground waters,uncontaminated ground water 15 infiltration(as defined at 40 CFR 32.2005(20)), discharges from potable water sources, foundation drains, air conditioning condensation, springs, lawn watering, individual residential car washing, street wash water; and 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 the Town of Laurel Park. • Outreach: The Town will continue to inform public employees,businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste through informational materials, such as, brochures, web sites, and newsletters. • Staff Training: The Town periodically conducts classes with Public Works personnel highlighting illicit discharge detection(and good housekeeping measures). If staff in another department observes a possible illicit discharge, they would report it to Town Hall. • Evaluation. Over time, we will be able to evaluate overall effectiveness by looking at the number of complaints received. To date, our experience so far suggests that there is not a large problem with illicit discharges, as we have received very few complaints and have not observed any illicit discharges. We will continue education efforts to make sure that the public is aware of an avenue for reporting potential violations. 7.4 CONSTRUCTION SITE STORMWATER RUNOFF CONTROL. Minimum Measure (iv): A program to reduce pollutants in any Stormwater runoff within the MS4 from construction activities resulting in a land disturbance of greater than or equal to one acre. Reduction of storm water discharges from construction activity disturbing less than one acre is included as part of the Town's overall program. The Town is currently and will continue to meet this requirement by working with Henderson County's Soil &Erosion Control Division as our locally delegated program for meeting this minimum measure. Their program meets or exceeds the requirements of NCDENR(who we previously delegated prior to the County's adoption of an ordinance.) The Town refers developers to the County for erosion control permits and works closely with County staff in reporting and resolving possible violations. Also, the Town's zoning ordinance contains procedures to be followed by builders or property owners when disturbing less than one acre. Goals 1. Maintain an effective Erosion and Sediment Control Program for construction activities in coordination with the Henderson County Soil and Erosion Control Division for construction activities resulting in land disturbance of greater than one acre. 2. Maintain an effective Erosion and Sediment Control Program for construction activities in coordination with the local zoning ordinance for construction activities resulting in land disturbance of less than one acre (mainly single family residential lots). 16 7.4.1 Discussion: • Regulatory Mechanism: The Town's subdivision and zoning ordinances both have procedures in place addressing construction activities resulting in land disturbance of more than one acre and in land disturbance less than one acre. • Plan reviews: The Town has procedures for pre-construction review of all site plans. For review of construction activities resulting in land disturbance of more than one acre, a permit is required from the Henderson County Soil and Erosion Office. For review of construction activities resulting in land disturbance of less than one acre, the zoning administrator issues a land disturbing permit. • Enforcement: County staff and the Town zoning administrator accomplishes enforcement. Procedures, such as, stop work orders, fines, bonding (for larger projects) are used for enforcement. • Inspections: Inspections occur on a random basis or on occasion by complaint. • Public Information: The program is included within the overall public education programs. • Evaluation: The program is working extremely well. The Town receives or has initiated approximately two or less complaints a year. The county office has been extremely responsive for any assistance requested and does random inspection on its permits issued. 7.5 POST-CONSTRUCTION STORM WATER MANAGEMENT IN NEW DEVELOPMENT AND REDEVELOPMENT. Minimum Measure (v): A program to address post-construction Stormwater runoff from new development and redevelopment projects that cumulatively disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into the MS4 or into an interconnected MS4. To meet this requirement the Town will develop, implement, and enforce a program within 12 months from date of permit issuance or 12 months from date of granting of permit by rule status. The program will ensure that controls are in place that would prevent or minimize water quality impacts and will include strategies and structural and non-structural BMPs that are best suited for Laurel Park's topography and landscape. To achieve this the Town will: Goals 1. Consider any model ordinance that the State may provide; 2. Use the Town Planning Board to review/draft recommended changes to current ordinances for Town Council review/adoption; and 3. Work with other communities, Land-of-Sky Regional Council, or other agencies to study the feasibility for regional approaches to implementation and enforcement. 17 7.5.1 Discussion: The Town's program shall require all subject projects to apply for locally issued permit coverage under one of the following Stormwater management options and parameters as set forth in guidance document SWU-268-103102: Low Density Projects. Projects shall be permitted as low density if they meet the following criteria: • No more than two dwelling units per acre or 24 percent built-upon area(BUA) for all residential and non-residential development; • Stormwater run-off from the development shall be transported from the development by vegetated conveyances to the maximum extent practicable; • All BUA shall be at a minimum of 30 feet landward of all perennial and intermittent surface waters. For the purpose of this Rule, a surface water shall be present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geological Survey(USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a); and • The permit shall require recorded deed restrictions and protective covenants to ensure that development activities maintain the development consistent with the approved project plans. High Density Projects. Projects exceeding the low density threshold established above shall implement Stormwater control measures that: • Control and treat the difference in Stormwater runoff volume leaving the project site between the pre and post development conditions for the 1 year 24 hour storm. Runoff volume drawdown time shall be a minimum of 24 hours,but not more than 120 hours; • All structural Stormwater treatment systems used to meet the requirements of the program shall be designed to have an 85% average annual removal for Total Suspended Solids; • General Engineering Design Criteria for all projects shall be in accordance with 15A NCAC 2H .1008(c). • All BUA shall be at a minimum of 30 feet landward of all perennial and intermittent surface waters. For the purpose of this Rule, a surface water shall be present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States 18 Geological Survey(USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a); and • The permit shall require recorded deed restrictions and protective covenants to ensure that development activities maintain the development consistent with the approved project plans. Operation and Maintenance: The Town's program shall include an operation and maintenance component that ensures the adequate long-term operation of the structural BMPs required by the program. The program shall require owners of permitted BMPs to submit annual maintenance and inspection reports conducted and certified by a qualified professional. NOTE: Since implementation no development of this nature has occurred. Control of Fecal Coliform: The Town works closely with the Henderson County Environmental Health Department to ensure the proper operation and maintenance of on- site, private wastewater treatment systems, septic, and private well systems. Programs Draining into SA Waters: N/A Programs draining into trout Jr)waters: A portion of community is a source of the North Fork Willow Creek, classified as C Tr waters. The Town shall require that, if necessary, selected BMPs that impact this stream do not result in a sustained increase in the receiving water temperature. Programs for Draining into Nutrient Sensitive Waters: N/A Watershed Planning: Local Water Supply Watershed Program: The Town of Laurel Park adopted on January 30, 1997, and amended, on December 17, 2002, the provisions of the Watershed Protection Act (NCGS 143-214.5). This ordinance has strict limits on density and built- upon limits with the watershed and includes stream buffer area requirements (see 3.1 a). Natural Resource Protection: Area addressed in above discussions. Open Space Protection: The Town Zoning Ordinance requires 20% of gross lot area to be reserved for landscaping for any commercial development. The Town enforces the stream buffer requirements contained with the Local Water Supply Watershed Program. 19 Street Design: The Town follows the DOT Minimum Construction standards in reviewing any new roads associated with new development. Evaluation: Being a small mainly residential community, the Town has not dealt with any multi-unit development in the past several years, evaluation approaches dealing with multi-unit development will be followed in the event of this type activity should occur. 7.6 POLLUTION PREVENTION/GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS. Minimum Measure (vi): A pollution prevention/good housekeeping program for municipal operations that addresses operation and maintenance, including a training component, to prevent or reduce pollutant runoff from those operations. To meet this requirement the Town will develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. To address these concerns, the Town: Goals 1. Work with the NC Division of Pollution Prevention and Waste Reduction Partners of Land-of- Sky Regional Council to conduct a Good Housekeeping and Pollution Prevention Assessment of the Public Works facility and implement recommendations from the assessment. 2. Continue current maintenance policies and practices of good housekeeping and pollution prevention. 3. Use available training materials from EPA, the State, or other organizations as part of employee training annually. 7.6.1 Discussion: • Affected Operations: The principle municipal operations of the Town of Laurel Park relevant to this permit program are those of automotive/equipment maintenance, vehicle/equipment storage, and materials storage that all occur in the Public Works Facility, 500 Toms Drive, Laurel Park, North Carolina. • Training: The Town will continue to seek training for maintenance and public works personnel in pollution prevention and good housekeeping measures. Selected personnel attended a training session prepared by the Land of Sky Regional Council. The Town will continue periodic on-site training of Public Works Personnel. 20 • Maintenance and Inspections: The Town maintenance staff operates from the maintenance facility daily practicing good housekeeping and pollution prevention for the site. • Vehicular Operations: The Town of Laurel Park's fleet includes 15 vehicles: Police vehicles: 1 Ford Escape, 3 Ford Explorers, 4 Chevrolet Impalas. Public Works: 5 light pick up trucks, 2 heavy duty Dump trucks. Light vehicle maintenance (oil changes, tire rotation, etc.) for vehicles is accomplished at the Public Works Facility. Used oil is collected for recycling and stored in appropriate containers until removal. Automotive repair and significant maintenance for Town vehicles is done by local private mechanic services. The Town operates a refueling point for vehicles. The 1000-gallon tank is built of double wall construction to prevent leakage and inspected as required. Salt and sand for snow removal are contained in a covered storage area at the Public Works Facility. Other materials are also stored within the Public Works area facility. Hazardous materials are stored in a locked chemical cabinet. • Waste Disposal: The Town does not own or operate a waste transfer station. The Town contracts weekly for residential collection of garbage and recyclables. • Other evaluations: The Town has recently worked with Henderson County in updating the countywide Hazard Mitigation Plan. One objective for the Town is to develop a flood damage prevention ordinance. Although less than 5% of the community is in a mapped flood zone, the Town adopted a flood prevention ordinance effective August 19, 2008 and residents who desire may now get flood insurance. As a small Town we have limited municipal operations and vehicle maintenance. The Town does not own/operate ambulance services, EMT services, transportation or transit services, a wastewater treatment plant, a landfill, and a recyclables processing center, an airport, or marina. The Town contracts for fire services with the Valley Hill Fire and Rescue Department. • Evaluation: The Town will continue to monitor the BMP goals for effectiveness. The Town has not experienced any problems associated with good housekeeping for municipal operations. 21 MAN! � o w o � _ — v � C O CCj Z F� C � tq � � 4► � '� O � p40co oz � ol �►1 U co a z o ca ull W U_ o � U � U O � • �, CR y U U � � Q cu CL 0 iD C.L CD " Eo 0 = 0 COD E ❑ E 0 .0 0 .2 a) m r E 4- < 0 0 0a 0 W (o aim- LLI -j C4 CL C4 0 31f Mi-M z � O `� LU 7-- CD h' rw 4.4 bp _cu fn .�.J ti ♦ 4 u LLlzCf ��y A lit ItNo H 4 I� O � "J Stormwater Agreement Does Not Need to Be Recorded 4-9-2018 STATE OF NORTH CAROLINA HENDERSON COUNTY STORMWATER AGREEMENT THIS AGREEMENT,made and entered into this the day of by and between Henderson County,hereinafter referred to as County,and hereinafter referred to as Owner; WITNESSETH THAT WHEREAS,Owner is this day accepting responsibility for the stormwater device(s)(BMP) installed on that certain real property known as ,as shown on the plat thereof recorded in the Plat Book ,Page ,Henderson County Registry;and WHEREAS,as a part of the construction of the residence/development the Henderson County Water Quality Division required that a stormwater device(s)BMP be constructed;and WHEREAS,the Owner accepts responsibility for the maintenance of the stormwater device(s)(BMP)as prescribed in the Maintenance Agreement signed and notarized,dated ,20 ;and WHEREAS,the Owner grants access to Henderson County to inspect the stormwater device(s)(BMP);and WHEREAS,the Owner understands that this Agreement shall endure to the benefit of his successors in title, whomsoever they may be in the future. NOW,THEREFORE,it is understood and agreed by and between the parties: 1.The maintenance of the stormwater device(s)(BMP)shall be the sole responsibility of the Owner. 2.The responsibility for the maintenance of the stormwater device(BMP)shall pass in the chain of title to the Owner's successor in interest. 3.Access is granted to Henderson County to inspect the stormwater device(s). 4.Annually,The Owner shall provide an inspection report from to occur each year beginning one year after and each successive year. The report should be mailed to 100 N.King Street Suite 118,Hendersonville,NC 28792-Attention: Water Quality Division Owner: Date: I, THE UNDERSIGNED notary Public of the County and State aforesaid,certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal,this the day of Notary Public My Comm.Exp.