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HomeMy WebLinkAbout20120707 Ver 1_Major Variance_20120720��� AU EE R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakdd P E Dee Freeman Governor Director 7 Secretary 20 1 2 Q 7 Variance Request Form (For Minor and Mayor Variances) Protection and Maintenance of Riparian Areas Rules NOTE This form may be photocopied for use as an original Check the appropriate box below Major Variance ❑ Minor Variance Please identify which Riparian Area Protection Rule applies (Note this must be one of North Carolina s four buffered river basms The River Bam map is available at hM //h2o enr state nc us /admm/maps/ ) X Neuse River Bann Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B 0233) ❑ Tar - Pamlico River Bann Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B 0259) Part 1 General Information (Please include attachments if the room provided is insufficient) 1 Applicant s name (the corporation individual etc who owns the property) 2 TOWN OF WINTERVILLE NORTH CAROLINA 3 Print owner /Signmg official (person legally responsible for the property and its compliance) Name TERRI A PARKER Title TOWN MANAGER City State Zip WINTERVILLE NC 2890 Telephone ( 252 )_756 2221 Fax (22)321 84�-) 4 Contact person who can answer questions about the proposed project Name _THOMAS W HARWELL Version 6 July 2009 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary Variance Request Form (For Minor and Major Variances) Protection and Maintenance of Riparian Areas Rules NOTE: This form may be photocopied for use as an original. Check the appropriate box below: X Major Variance ❑ Minor Variance Please identify which Riparian Area Protection Rule applies (Note -this must be one of North Carolina's four buffered river basins. The River Bain map is available at hM://h2o.enr.state.nc.us/admin/maps/.) X Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0233) ❑ Tar - Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0259) Part 1: General Information (Please include attachments if the room provided is insufficient.) 1. Applicant's name (the corporation, individual, etc. who owns the property) 2. TOWN OF WINTERVILLE , NORTH CAROLINA Print owner /Signing official (person legally responsible for the property and its compliance) Name: TERRI A PARKER Title: TOWN MANAGER City, State, Zip: WINTERVILLE NC 28590 Telephone: (252)756-2221 Fax :52)321 -8455 4. Contact person who can answer questions about the proposed project: Name: THOMAS W HARWELL Version 6: July 2009 Telephone: ( 252)- 717 -4443 Fax: (252) 3552100 Email: cbinc kcoastalnet.com Project name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): NOBEL CANAL ENHANCEMENT Project location: WINTERVILLE , NC Street address: MILL STREET City, State, Zip: WINTERVILLE NC 28590 County: PITT Latitude/longitude: N35 31.907 W 77 24.189 6. Date property was purchased: EASEMENTS GRANTED TO TOWN 2012 7. Directions to site from nearest major intersection (Attach an 8 r/2 x 11 copy of the USGS topographic map indicating the location of the site). _FROM INTERSECTION OF MAIN STREET AND MILL STREET PROCEDE NORTH ON MILL STREET TO GOOD HOPE BAPTIST CHURCH 8. Stream to be impacted by the proposed activity: Stream name NOBEL CANAL A TRIBURARY OF SWIFT CREEK 9. Which of the following permits /approvals will be required or have been received already for this project? Required: Received: Date received: Permit Type: CAMA Major CAMA Minor X 401 Certification/404 Permit On -site Wastewater Permit _X_ _ NPDES Permit (including stormwater) Non - discharge Permit Water Supply Watershed Variance X Erosion/Sedimentation Control Others (specify) Part 2: Proposed Activity (Please include attachments if the room provided is insufficient.) Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat map or site plan in Adobe (pdf) format) to accurately delineate the boundaries of the land to be utilized in carrying out the activity, the location and dimension of any disturbance in the riparian buffers associated with the activity, and the extent of riparian buffers on the land. Include the area of buffer impact in W.: TILE 100 LF BEGINNING AT MILL STREET WITH A 72 INCH TILE. TILE NEXT 502 LF WITH TWO 60 INCH TILES AS SHOWN ON THE ATTACHED PLANS Variance Request Form, page 2 Version 6 July 2009 Telephone: ( 252)- 717 -4443 Fax: 0252)_3552100 Email: cbinc @coastalnet.com 5. Project name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): NOBEL CANAL ENHANCEMENT Project location: WINTERVILLE , NC Street address: MILL STREET City, State, Zip: WINTERVILLE NC 28590 County: PITT Latitude/longitude: N35 31.907 W 77 24.189 Date property was purchased: EASEMENTS GRANTED TO TOWN 2012 7. Directions to site from nearest major intersection (Attach an 8 Y2 x 11 copy of the USGS topographic map indicating the location of the site). FROM INTERSECTION OF MAIN STREET AND MILL STREET PROCEDE NORTH ON MILL STREET TO GOOD HOPE BAPTIST CHURCH 8. Stream to be impacted by the proposed activity: Stream name NOBEL CANAL A TRIBURARY OF SWIFT CREEK 9. Which of the following permits /approvals will be required or have been received already for this project? Required: Received: Date received: Permit Type: CAMA Major CAMA Minor X 401 Certification/404 Permit On -site Wastewater Permit X_ _ X 12 -01 -2011. NPDES Permit (including stormwater) Non - discharge Permit Water Supply Watershed Variance X Erosion/Sedimentation Control Others (specify) Part 2: Proposed Activity (Please include attachments if the room provided is insufficient.) Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat map or site plan in Adobe (pdf) format) to accurately delineate the boundaries of the land to be utilized in carrying out the activity, the location and diinension of any disturbance in the riparian buffers associated with the activity, and the extent of riparian buffers on the land. Include the area of buffer impact in W.: TILE 100 LF BEGINNING AT MILL STREET WITH A 72 INCH TILE. TILE NEXT 502 LF WITH TWO 60 INCH TILES AS SHOWN ON THE ATTACHED PLANS Variance Request Form, page 2 Version 6 July 2009 10 000 N. C. . f ROAD CLASSIFICATION Primary highway, Light -duly road, hard or hard surface ....... Improved surface... Secondary highway, hard surface....... Unimproved road ... == _ =_____ ,y C) Interstate Route 0 U. S. Route O State Route 1000 2k 100 f36 fl 0 ?'30" 15 nN . I �9 �Q FZ s 00 Feet 'Meters 1 .3048 2 .6096 3 .9144 4 1.2192 5 .15240 6 1.8288 7 21336 8 24364 9 2.7432 l0 3.0480 To convert feet te meters muftipfy by 3048 To comert meters to het multiply by 32808 2. Fill in the table below to identify the square footage of impact to Zones 1 & 2 in the protected riparian buffers and the required mitigation (Fill in the impacts portion of the table, even if mitigation is not required): *Zone 1 extends out 30 feet perpendicular from the most landward limit of the top of bank or the rooted herbaceous vegetation, Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers: THE AREA FLOODS. EROSIONS IS TAKING PLACE AFFECTING THE ADJACENT STRUCTURES, WHICH IS A CHURCH. THE AREA RESIDENTS INCLUDING THE CHURCH MEMBERS AND THE TOWN BOARD OF THE TOWN OF WINTERVILLE REQUEST THAT THE DITCH BE TILEED. 4. Description of any best management practices to be used to control impacts associated with the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow, re- planting vegetation or enhancement of existing vegetation, etc.): THE DITCH WILL BE FILLED IN AND CATCH BASINS ESTABLIISHED TO ALLOW SURFACE WATER TO INTER THE DRAINAGE SYSTEM. THE DISTURBED AREA WILL BE GRASSED AND EROSION CONTROL MEASURES TAKEN TO REDUCE SURFACE WATER EFFECTS 5. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. THE DITCH WOULD REMAIN AND EROSION WOULD CONTINUE TO OCCUR ON THE DITCH BANKS. THE ADJACENT CHURCH STRUCTURE WOULD CONTINE TO SETTLE. SETTLEMENT CRACKS ARE NOW EVIDENT SUE TO SHRINK/SWELL SOILS. (2) How these difficulties or hardships result from conditions that are unique to the property involved. IT APPEARS THAT THIS DITCH HAS IN THE PAST BEEN RELOCATED TO THE PRESENT PROPERTY LINES. IT IS MOST PORBALE THAT THE GOOD HOPE CHURCH WOULD CONTINUE TO EFIDENCE SETTLEMENT CRACKS IN THE BRICK WALLS Part 3: Stormwater Variance Request Form, page 3 Version 6 July 2009 Buffer Impact Zone of Impact in Number Purpose for the Multiplier Required Impact Square Feet (Indicate on Impact Mitigation Plan Sheet) Zone 1 36120 1 TILE & 3 108,360 BACKFILL Zone 2 12040 2 TILE & 1.5 18,126, BACKFILL Total 48,160 126,420 *Zone 1 extends out 30 feet perpendicular from the most landward limit of the top of bank or the rooted herbaceous vegetation, Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers: THE AREA FLOODS. EROSIONS IS TAKING PLACE AFFECTING THE ADJACENT STRUCTURES, WHICH IS A CHURCH. THE AREA RESIDENTS INCLUDING THE CHURCH MEMBERS AND THE TOWN BOARD OF THE TOWN OF WINTERVILLE REQUEST THAT THE DITCH BE TILEED. 4. Description of any best management practices to be used to control impacts associated with the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow, re- planting vegetation or enhancement of existing vegetation, etc.): THE DITCH WILL BE FILLED IN AND CATCH BASINS ESTABLIISHED TO ALLOW SURFACE WATER TO INTER THE DRAINAGE SYSTEM. THE DISTURBED AREA WILL BE GRASSED AND EROSION CONTROL MEASURES TAKEN TO REDUCE SURFACE WATER EFFECTS 5. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. THE DITCH WOULD REMAIN AND EROSION WOULD CONTINUE TO OCCUR ON THE DITCH BANKS. THE ADJACENT CHURCH STRUCTURE WOULD CONTINE TO SETTLE. SETTLEMENT CRACKS ARE NOW EVIDENT SUE TO SHRINK/SWELL SOILS. (2) How these difficulties or hardships result from conditions that are unique to the property involved. IT APPEARS THAT THIS DITCH HAS IN THE PAST BEEN RELOCATED TO THE PRESENT PROPERTY LINES. IT IS MOST PORBALE THAT THE GOOD HOPE CHURCH WOULD CONTINUE TO EFIDENCE SETTLEMENT CRACKS IN THE BRICK WALLS Part 3: Stormwater Variance Request Form, page 3 Version 6 July 2009 Provide a description of all best management practices (BMPs) that will be used to control nutrients and sedimentation impacts associated with the proposed activity. Please ensure to include all applicable operation & maintenance agreements and worksheets for the proposed BMPs. Also, include the BMPs on your plan sheets. 1. Attach a description of how diffuse flow will be maintained through the protected riparian buffers. Please ensure to include all applicable operation & maintenance agreements and worksheets for the proposed diffuse flow measure(s). Also, include the diffuse flow measure(s) on your plan sheets. 2. What will be the annual nitrogen load contributed by this site after development in pounds per acre per year without structural BMPs (stormwater pond, wetland, infiltration basin, etc)? Attach a detailed plan for all proposed structural stormwater BMPs. THERE SHOULD BE NO CHANGE IN THE ANNUAL NITROGEN LOAD. 4. Attach all applicable supplement form(s) and Inspection and Maintenance (I &M) Form(s) to this completed application. The applicable supplemental form(s) and I &M form(s) for the proposed BMPs noted in your application can be downloaded from the following website: http : //h2o.enr.state.nc.us /su/bmp forms.htm Variance Request Form, page 4 Version 6 July 2009 Part 4: Proposed Impacts and Mitigation Provide a description of how mitigation will be achieved at your site pursuant to 15A NCAC 213.0242 for the Neuse Basin and 15A NCAC 213.060 for the Tar - Pamlico Basin. If buffer restoration is the method you are requesting, be sure to include a detailed planting plan to include plant type, date of plantings, the date of the one -time fertilization in the protected riparian buffers and a plan sheet showing the proposed location of the plantings. A guide to buffer restoration can be downloaded at the following website: http: / /www.nceep.net/news /reports /buffers.pdf If payment into a buffer restoration fund is how you plan to achieve your mitigation requirement, then include an acceptance letter from the mitigation bank you propose to use stating they have the mitigation credits available for the mitigation requested. THE TOWN BOARD REQUEST THAT MMGATION FEES BE WAIVED. Part 5: Deed Restrictions By your signature in Part 6 of this application, you certify that all structural stormwater BMPs required by this variance shall be located in recorded stormwater easements, that the easements will run with the land, that the easements cannot be changed or deleted without concurrence from the State, and that the easements will be recorded prior to the sale of any lot. Part 6: Applicant's Certification I, TERRI IL PARKER , certify that the information included on this permit application form is correct, that the project will be constructed in conformance with the approved plans and that the deed restrictions in accordance with Part 5 of this form will be recorded with all required permit conditions. Signature: Date: Title: L L'. Pwu" TOWN MANAGER Part 7: Plan Sheets Be sure to include a copy of all of your completed application form, plan sheets and maps in Adobe (pdf) format on a CD or floppy disk. Variance Request Form, page 5 Version 6 July 2009 Part 8: Checklist A complete application submittal consists of the following components. Incomplete submittals will be returned to the applicant. The complete variance request submittal must be received 90 days prior to the EMC meeting at which you wish the request to be heard. Initial below to indicate that the necessary information has been provided. Applicant's Initials /r //7 Item • Original and two copies of the Variance Request Form and the attachments listed below. • A vicinity map of the project (see Part 1, Item 5) • Narrative demonstration of the need for a variance (see Part 2) • A detailed narrative description of stormwater treatment/management (see Part 4) • Calculations supporting nitrogen (phosphorus in the Tar - Pamlico Basin) loading estimates (see Part 4) • Calculations and references supporting nitrogen (phosphorus in the Tar - Pamlico Basin) removal from proposed BMPs (see Part 4) • Location and details for all proposed structural stormwater BMPs (see Part 4) • Three copies of the applicable Supplement Form(s) and I &M Form(s) for each BMP and/or narrative for each innovative BMP (see Part 4) • Three copies of plans and specifications, including: 0 Development/Project name 0 Engineer and firm 0 Legend and north arrow 0 Scale (1" = 50' is preferred) 0 Revision number & date 0 Mean high water line (if applicable) 0 Dimensioned property /project boundary 0 Location map with named streets or NC State Road numbers 0 Original contours, proposed contours, spot elevations, finished floor elevations 0 Details of roads, parking, cul-de -sacs, sidewalks, and curb and gutter 0 Footprint of any proposed, buildings or other structures 0 Wetlands delineated, or a note on plans that none exist 0 Existing drainage (including off - site), drainage easements, pipe sizes, runoff calculations 0 Drainage basins delineated 0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries 0 Location of forest vegetation along the streams, ponds, lakes, rivers and estuaries Variance Request Form, page 6 Version 6 July 2009 ATTACHMENT 2. PHASE II STORM WATER APPLICATION I 1 tate of North Carolina '.` ;apartment of Environment & Natural Resources rvision of Water Quality OFFIC USE ONLY Date Recd Fee Paid Permit Number NPDES STORMWATER PERMIT APPLICATION FORM This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application package includes this form and three copies of the narrative documentation required in Section X of this form. This application form, completed in accordance with Instructions for coma! %ing 1VPDE55ma #M54 Stormwater PermitAppiication (SWU -270) and the accompanying narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive Storm water Management Prc?ram Report (SWU 268) are both required for the application package to be considered a complete application submittal. Incomplete application submittals may be returned to the applicant. I. APPLICANT STATUS INFORMATION ❑ New Application ® R-:newal (Permit No. NCS000507 ) a. Name of Public Entity TOWN OF WINTERVILLE b. Seeking Permit Coverage Neuse River c. b. Ownership Status (federal, LOCAL Estimated percentage of jurisdictional area containing the following four land use activities: state or local Residential 58% c. Type of Public Entity (city; TOWN SAN 2 5 2010 Industrial town, county, prison, school, • Open Space 1596 etc. Total = 100% d. Federal Standard Industrial SIC 91— 97 w ands & siom ster BMW" Classification Code e. County(s) PITT f. Jurisdictional Area (square 4.51 sm TOWN LIMITS miles) 6.25 sm ETJ TOTAL 10.76 sm g. Population Permanent 8946 yad-. 009 per State Seasonal (if available) N/A h. Ten -year Growth Rate 135% Based on the population in 1999 (3,801) and the populatio in 2009 (8,949) i. Located on Indian Lands? ❑ Yes ® No II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area (square miles 4.51 sm b. River Basin(s) Neuse River c. Number of Primary Receiving Streams Two — Swift Creek including Nobel Canal and Fork Swamp d. Estimated percentage of jurisdictional area containing the following four land use activities: • Residential 58% • Commercial 22% • Industrial 5% • Open Space 1596 Total = 100% e. Are there significant water quality issues listed in the attached application report? ❑ Yes ® No Page 1 SWU- 264 - 103102 State of North Carolina _. Department of Environment & Natural Resources Division of Water Quality OFFIC USE ONLY Date Recd Fee Paid Permit Number NPDES STORMWATER PERMIT APPLICATION FORM This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application package includes this form and three copies of the narrative documentation required in Section X of this form. This application form, completed in accordance with Instructions for completing NPDES Small M54 Stormwater Permit Application (SWU -270) and the accompanying narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU 268) are both required for the application package to be considered a complete application submittal. Incomplete application submittals may be returned to the applicant. I. APPLICANT STATUS INFORMATION ❑ New Application ® Renewal (Permit No. NCS000507 ) a. Name of Public Entity TOWN OF WINTERVILLE b. Seeking Permit Coverage Neuse River b. Ownership Status (federal, LOCAL . state or local • c. Type of Public Entity (city, TOWN Commercial town, county, prison, school, • Industrial etc. • d. Federal Standard Industrial SIC 91— 97 Total = Classification Code e. e. County(s) PITT f. Jurisdictional Area (square 4.51 sm TOWN LIMITS miles) 6.25 sm ETJ TOTAL 10.76 sm g. Population Permanent 8946 year 2009per State Seasonal (if available) N/A h. Ten -year Growth Rate 135% Based on the population in 1999 (3,801) and the populatio in 2009 (8,949 i. Located on Indian Lands? ❑ Yes ® No II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area (square miles 4.51 sm b. River Basin(s) Neuse River c. Number of Primary Receiving Streams Two — Swift Creek including Nobel Canal and Fork Swamp d. Estimated percentage of jurisdictional area containing the following four land use activities: • Residential 58% • Commercial 22% • Industrial ,$% • Open Space 15916 Total = 100% e. Are there significant water quality issues listed in the attached application report? ❑ Yes ® No Page 1 SWU- 264 - 103102 NPDES RPE Stormwater Permit Application III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ® Yes ❑ No b. Local Water Supply Watershed Program ® Yes ❑ No c. Delegated Erosion and Sediment Control Program ® Yes ❑ No d. CAMA Land Use Plan ❑ Yes ® No N/A IV. CO- PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co- permitting) a. Do you intend to co- permit with TO Yes ® No a permitted Phase I entity? ® Yes ❑ No b. If so, provide the name and permit number of that entity: • Name of Phase I MS4 N/A • NPDES Permit Number N/A c. Do you intend to co- permit ❑ Yes ® No with another Phase II enti ? erosion & Sedentation ordiance d. If so, provide the name(s) of N/A the entity: 1717 W. 5th Street (Pitt County Plannong) e. Have legal agreements been Greenville NC finalized between the co- ❑ Yes ® No N/A ermittees? ®Yes ❑ No V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS (If more than one, attach additional sheets) a. Do you intend that another N/A entity perform one or more of ® Yes ❑ No our permit obligations? N/A b. If yes, identify each entity and the element they will be implementing • Name of Entity County of Pitt • Element they will implement Hazard mitigation ordinance, Flood damage prevention ordinance and Soil erosion & Sedentation ordiance • Contact Person Mr. Jonas Hill • Contact Address 1717 W. 5th Street (Pitt County Plannong) Greenville NC • Contact Telephone Number 252- 902 -3279 c. Are legal agreements in place ®Yes ❑ No to establish responsibilities? VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. a. Name of person to which permit authority N/A has been delegated b. Title /position of person above N/A c. Documentation of board action delegating permit authority to this person /position must be provided in the attached application report. N/A Page 2 SWU- 264 - 103102 NPDES RPE Stormwater Permit Application VII. SIGNING OFFICIAL'S STATEMENT Please see the application instructions to determine who has signatory authority for this permit application. If authority for the NPDES stormwater permit has been appropriately delegated through board action and documented in this permit application, the person /position listed in Section VI above may sign the official statement below. I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete, ram aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations Signature Name of Contact Person Name Mr. William P. Whisnant Title Town Manager Street Address 2571 Railroad Street PO Box PO Box 1459 City Winterville State NC Zip 28590 Telephone 252- 756 -2221 Fax 252- 321 -8455 E -Mail Bill.whisnant @wintervillenc.com VIII. MS4 CONTACT INFORMATION Provide the following information for the person /position that will be responsible for day to day implementation and oversight of the stormwater program. a. Name of Contact Person John Woods b. Title Public Works Director c. Street Address 2936 Church Street d. PO Box PO Box 1459 e. City Winterville f. State NC g. Zip 28590 h. Telephone Number 252- 756 -3045 ext. 4203 i. Fax Number 252- 756 -6526 j. E -Mail Address John.woods @wintervillenc.com Page 3 SWU -264- 103102 NPDES RPE Stormwater Permit Application IX. PERMITS AND CONSTRUCTION APPROVALS List permits or construction approvals received or applied for under the following programs. Include contact name if different than the person listed in Item VIII. If further space needed, attach additional sheets. a. RCRA Hazardous Waste N/A Management Program N/A b. UIC program under SDWA c. NPDES Wastewater Discharge Permit # NC0032077, held by Contentnea Metropolitan Sewage District Permit Number d. Prevention of Significant N/A Deterioration (PSD) Program N/A e. Non Attainment Program f. National Emission Standards for N/A Hazardous Pollutants (NESHAPS) reconstruction approval g. Ocean dumping permits under the N/A Marine Protection Research and Sanctuaries Act h. Dredge or fill permits under N/A section 404 of CWA X. NARRATIVE APPLICATION SUPPLEMENT - STORMWATER MANAGEMENT PROGRAM REPORT Attach three copies of the Stormwater Management Program Report for the five -year permit term. The Stormwater Management Program Report shall be assembled in the order and formatted in accordance with the Table of Contents shown below, bound with tabs identifying each section by name, and include a Table of Contents with page numbers for each entry. The required narrative information for each section is provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU -268). IV.11:31x.7 ;rke II_ "Ll � 1. STORM SEWER SYSTEM INFORMATION 1.1. Population Served 1.2. Growth Rate 1.3. Jurisdictional and MS4 Service Areas 1.4. MS4 Conveyance System 1.5. Land Use Composition Estimates 1.6. TMDL Identification 2. RECEIVING STREAMS Page 4 SWU -264- 103102 NPDES RPE Stormwater Permit Application 3. EXISTING WATER QUALITY PROGRAMS 3.1. Local Programs 3.2. State programs 4. PERMITTING INFORMATION 4.1. Responsible Party Contact List 4.2. Organizational Chart 4.3. Signing Official 4.4. Duly Authorized Representative 5. CO- PERMITTING INFORMATION (IF APPLICABLE) 5.1. Co- Penmittees 5.2. Legal Agreements 5.3. Responsible Parties 6. RELIANCE ON OTHER GOVERNMENT ENTITY 6.1. Name of Entity 6.2. Measure Implemented 6.3. Contact Information 6.4. Legal Agreements 7. STORMWATER MANAGEMENT PROGRAM 7.1. Public Education and Outreach on Storm Water Impacts 7.2. Public Involvement and Participation 7.3. Illicit Discharge Detection and Elimination 7.4. Construction Site Stormwater Runoff Control 7.5. Post - Construction Storm Water Management in New Development and Redevelopment 7.6. Pollution Prevention /Good Housekeeping for Municipal Operations Page 5 SWU -264- 103102 LIST OF ATTACHMENTS A. MAP OF TOWN LIMITS & ETJ B. LIST OF RECEIVING STREAMS C. TOWN ORGANIZATIONAL CHART D. LEGAL AGREEMENT WITH PITT COUNTY E. LIST OF STORMWATER ADVISORY COMMITTEE MEMBERS AND CHARTER F. SOIL EROSION AND SEDIMENTATION ORDINANCE G. STORMWATER CONTROL ORDINANCE 7 ATTACHMENT A Table of Contents 1. Storm Sewer System Information pg. 1 1.1 Population Served 1.2 Growth Rate 1.3 Jurisdictional and MS4 Service Area (Attachment A) 1.4 MS4 Conveyance System 1.5 Land Use Composition Estimates 1.6 TMDL Indentification 2. Receiving Streams (Attachment i3) pg. 2 3. Existing Water Quality Programs pg. 2 3.1 Local Programs 3.2 State Programs 4. Permitting Information pg. 2 -3 4.1 Responsible Party Contact List 4.2 Organizational Chart (Attachment C) 4.3 Signing Official 4.4 Duly Authorized Representative S. Co- Permitting Information - N/A pg. 3 6. Reliance on other government entity to satisfy one or more permit pg. 3 obligations 6.1 Name of the entity 6.2 Element to be implemented 6.3 Contact Information for the Responsible Party 6.4 Legal agreement (Att achment D) 7. Stormwater Management Program pg 3 -6 7.1 Public Education and Outreach on Storm Water impacts 7.2 Public Involvement and Participation (Attachment E) 7.3 Illicit Discharge Detection and Elimination 7.4 Construction Site Stormwater Runoff Control (Attachment F) 7.5 Post Construction Storm Water Management in New Development and Redevelopment (Attachment G) 7.6 Pollution Prevention /Good Housekeeping for Municipal Operations 8. Impaired Waters - None pg. 6 ATTACHMENT B North Carolina Waterbodies Listed by County Note: Waterbodies are listed in more than one county if they cross county lines. Name of Stream Description Curr. Class Records Found., 82 Search Parameters: County: Pitt Class: SpDes: Name: Index#: Date Basin Stream Index # Pif County NNUSE RIVER From mouth of C;Sw,NSW 05/01/88 Neuse 27 -(85) Contentnea Creek to Streets Ferry Contentnea Creek From dam at Wilson C;Sw,NSW 05/01/88 Neuse 27- 86 -(7) Water Supply (Wiggins Mill Pond) to Neuse River Little From source to C;Sw,NSW Contentnea Creek Contentnea Creek Ward Run From source to Little C;Sw,NSW Contentnea Creek Thompson Swamp From source to Little C;Sw,NSW Contentnea Creek Black Swamp From source to Little C;Sw,NSW Contentnea Creek Langs Mill Run From source to Black C;Sw,NSW Swamp Jacob Branch From source to Black C;Sw,NSW Swamp Oldwoman Branch From source to Little C;Sw,NSW Contentnea Creek Pinelog Branch From source to Little C;Sw,NSW Contentnea Creek Middle Swamp From source to Little C;Sw,NSW Contentnea Creek Grinnel Slough From soruce to Neuse C;Sw,NSW River Grinnel Creek From source to Neuse C;Sw,NSW River Swift Creek From source to mouth C;Sw,NSW of Bear Branch Gum Swamp From source to Swift C;Sw,NSW Creek Nobel Canal From source to Swift C;NSW Creek Horsepen Swamp From source to Swift C;Sw,NSW Creek Simmon Branch From source to Swift C;Sw,NSW Creek 05/01/88 Neuse 05/01/88 Neuse 05/01/88 Neuse 05/01/88 Neuse 05/01/88 Neuse 05/01/88 Neuse 05/01/88 Neuse 05/01/88 Neuse 05/01/88 Neuse 05/01/88 Neuse 05/01/88 Neuse 05/01/88 Neuse 05/01/88 Neuse 05/01/88 Neuse 05/01/88 Neuse 05/01/88 Neuse 27 -86 -26 27- 86 -26 -1 27- 86- 26 -1.5 27- 86 -26 -2 27- 86- 26 -2 -1 27- 86- 26 -2 -2 27- 86 -26 -3 27- 86 -26 -4 27- 86 -26 -5 27 -87 27 -87.5 27- 97 -(0.5) }c 27 -97 -1 27 -97 -2 X 27 -97 -3 27- 97 -3.5 Page 1 of 4 2010 -01 -02 07:08:21 Name of Stream Description Cuf. Class Date Basin Stream Index # Fork Swamp From source to Swift C;Sw,NSW 05/01/88 Neuse 27 -97 -4 Creek co Clayroot Swamp From source to Swift C;Sw,NSW 05/01/88 Neuse 27 -97 -5 Creek Thorofare Swamp From souce to Clayroot C;Sw,NSW 05/01/88 Neuse 27- 97 -5 -1 Swamp Indian Well Swamp From source to C;Sw,NSW 05/01/88 Neuse 27- 97 -5 -2 Clayroot Swamp co Creeping Swamp From source to C;Sw,NSW 05/01/88 Neuse 27- 97 -5 -3 Clayroot Swamp co TAR RIVER From a point 1.7 miles WS- IV;NSW 08/03/92 Tar -Pamli 28 -(84) downstream of Suggs co Mill Branch Creek to Johnsons Mill C;NSW 01/01/90 Tar -Pamli 28- 100 -2 -1 Creek cc TAR RIVER From Johnsons Mill Run WS- IV;NSW,CA 08/03/92 Tar -Pamli 28- (91.5) to Greenville Raw co Water Supply Intake TAR RIVER From Greenville Raw C;NSW 01/01/90 Tar -Pamli 28 -(94) Water Supply Intake to co a point 1.2 miles downstream of the mouth of Broad Run TAR RIVER From a point 1.2 miles B;NSW 01/01/90 Tar -Pamli 28- (99.5) downstream of the co mouth of Broad Run to the upstream side of the mouth of Tranters Creek Grindle Creek From source to Tar C;NSW 01/01/90 Tar -Pamli 28 -100 River co Suggs Branch From source to Grindle C ;NSW 01/01/90 Tar -Pamli 28 -100 -1 Creek co Whichard Branch From source to Grindle C;NSW 01/01/90 Tar -Pamli 28 -100 -2 Creek cc Mill Branch From source to C;NSW 01/01/90 Tar -Pamli 28- 100 -2 -1 Whichard Branch cc Hunting Run From source to Grindle C;NSW 01/01/90 Tar -Pamli 28 -100 -3 Creek co Chicod Creek From source to Tar C;NSW 01/01/90 Tar -Pamli 28 -101 River co Horseway Swamp From source to Chicod C;NSW 01/01/90 Tar -Pamli 28 -101 -3 Creek co Island Swamp From source to Chicod C;NSW 01101190 Tar -Pamli 28 -101 -4 Creek cc Cow Swamp From source to Chicod C;NSW 01/01/90 Tar -Pamli 28 -101 -5 Creek co Cross Swamp From source to Cow C;NSW 01101190 Tar -Pamli 28- 101 -5 -1 Swamp co Cabin Branch From source to Cow C;NSW 01101190 Tar -Pamli 28- 101 -5 -2 Swamp co Juniper Branch From source to Chicod C;NSW 01/01/90 Tar -Pamli 28 -101 -6 Creek co X Page 2 of 4 2010 -01 -02 07:08:21 ATTACHMENT C TOWN OF WINTERVILLE STORMWATER MANAGEMENT PROGRAM REPORT NARRATIVE APPLICATION SUPPLEMENT 1. STORM SEWER SYSTEM INFORMATION 1.1 Population Served: The Town of Winterville has a permanent population of 8,949 as established by the most recent census 1.2 Growth Rate: The Town's population growth rate for the past 10 years is 135 %. The population in 1999 was 3,801 and in 2009 it was 8,949. 1.3 Jurisdictional and MS4 Service Area: The Town limits plus the ETJ (Attachment A) are the jurisdictional and MS4 service area which is a total of 10.76 square miles (Town = 4.51 and ETJ = 6.25). 1.4 MS4 Conveyance System: The Town of Winterville lies on a relatively flat plateau between two streams (Fork Swamp and Swift Creek) that flow to Contentnea Creek and than to the Neuse River. A railroad runs thru the center of the town running north to south. To the east is Fork Swamp and to the west is Swift Creek. Both of these are within the Drainage District. The ditch and storm water piping systems convey water from the curb and guttered streets to these two systems. There are two railroad drainage pipe systems that lead water to the west with the remaining stormwater east of the railroad going eastward. The maintenance of the system is considered good. Catch basins are routinely cleaned on a monthly basis and stormwater piping is cleaned annually. Much attention has been given over the past five years to cleaning, repairing, replacing and adding stormwater infrastructure. Street flooding has been greatly reduced. 1.5 Land Use Composition Estimates: It is estimated that the Residential Area of the Town Limits of Winterville composes approximately 58% of the total area. The Commercial Area is 22 %, the Industrial Area is 5% and the Open Space Area is15% 1.6 TMDL Identification: To the best of our knowledge no Total Maximum Daily Load Allocation has been assigned to the body of receiving stream waters into which our stormwater drains. We understand that our MS4 does not discharge into such a controlled body of water or receiving stream. 2. Receiving Streams (Attachment 13) Neuse River Basin Receiving Stream name Stream Segment Water Quality Classification Use Support Rating Water Quality Issues 303(d) List Swift Creek 27- 97 -(0.5 ) C; Sw, NSW N/A None N/A Nobel Canal 27 -97 -2 C; NSW N/A None N/A Fork Swam 27 -97-4 C; Sw, NSW N/a None N/A 3. Existing Water Quality Programs 3.1 Local Programs: The Town of Winterville has contracted with the County of Pitt to administer the water quality programs as follows: 3.1.1 Hazard Mitigation Ordinance 3.1.2 Flood Damage Prevention Ordinance 3.1.3 Soil Erosion & Sedimentation The County of Pitt also provides Building Inspection services to the Town. See Below for additional information as to the Town's reliance on other government entities. 3.2 State Programs: Other programs that are administered by the State of North Carolina in our jurisdiction include: 3.2.1 State Stormwater Management 3.2.2 Erosion and Sedimentation Control 3.2.3 Riparian Buffers 3.2.4 Water and Sewer Regulations 4. Permitting Information 4.1 Responsible Party Contact List: 4.1.1 The responsible party for measurable goals is: Mr. William P. Whisnant Town Manager 2571 Railroad Street PO Box 1459 Winterville, NC 28590 Phone — (252) 756 -2221 Fax — (252) 3218455 Email — bill.whisnant @wintervillenc.com 4.2 Organizational Chart: A copy of the Town's Organizational Chart is enclosed as Attachment C 4.3 Signing Official: The Town Manager, Mr. William P. Whisnant is the signing official 4.4 Duly Authorized Representative: There is no other Duly Authorized Representative. Mr. John C. Woods is the MS4 Contact Person: Mr. John C. Woods Public Works Director 2936 Church Street PO Box 1459 Winterville, NC 28590 Phone — (252) 756 -3045 ext. 4203 Fax — (252) 756 -6526 Email — john.woods @wintervillenc.com 5. Co- Permitting Information — N/A - 6. Reliance on other government entity to satisfy one or more permit obligations 6.1 Name of the entity — County of Pitt 6.2 Element to be implemented — Construction Site Runoff Controls 6.3 Contact Information for the Responsible Party — Mr. Jonas Hill, 1717 West 5th Street, Greenville, NC, Phone — (252) 902 -3279 6.4 Legal agreement — See Attachment D for Legal agreement with Pitt County 7. Stormwater Management Program 7.1 Public Education and Outreach on Storm Water Impacts The Stormwater Advisory Committee has sponsored projects such as stormwater drain labeling and an information booth at the Town's annual Water Mellon Festival. In addition, the Public Works Director has made many presentations to local schools, civic organizations and churches. Information is also included in the Town Manager's Monthly News Letter. 3 7.2 Public Involvement and Participation The Town has an active five member Stormwater Advisory Committee (Attachment E) that meets every quarter to review and consider matters related to the Town's Stormwater Management Program. The Stormwater Advisory Committee has sponsored activities such as Stormwater Drain Labeling and Drainage Canal Clean -up days. 7.3 Illicit Discharge Detection and Elimination The Town Ordinances provide for misdemeanor charges to be brought against persons that cause illicit discharges. The Public Works Department aggressively looks for such discharges. Upon finding them, if the discharge is not considered serious, advises the person involved to correct the situation. If the situation is not corrected, the Police Department is notified to investigate and take enforcement action. 7.4 Construction Site Stormwater Runoff Control The Town has adopted Pitt County's Soil Erosion and Sedimentation Ordinance and has contracted with the county for enforcement. See Attachment F 7.5 Post Construction Storm Water Management in New Development and Redevelopment The Town Board of Aldermen has adopted a Stormwater Control Ordinance for all developments, both residential and commercial that includes a requirement for stormwater detention at the 10 -yesr rainfall intensity basis. See Attachment G 7.6 Pollution Prevention /Good Housekeeping for Municipal Operations 7.6.1 BMP Summary Table 7.6.2 To the best of our knowledge the Town does not own , or operate any industrial facilities that are subject to NPDES STORM WATER General Permits or individual NPDES permits for discharges of stormwater associated with industrial activity that ultimately discharge into our MS4. El 7.6.3 Our employees have and will continue to be instructed in monthly meetings concerning the prevention and reduction of stormwater pollution from activities such as park and open space maintenance, building maintenance, new construction and land disturbances, and stormwater system maintenance. Training materials include Town Ordinances and proper maintenance techniques at employee meetings. The Stormwater Advisory Committee is advised of the activities of the employee training. - 7.6.4 Maintenance and Inspections Monthly the catch basins throughout the Town are inspected and cleaned using the newly procured Jet/Vac Truck system. The ditches and pipe systems of the Town are inspected semi - annually. The ditch vegetation is cut twice a year. 7.6.5 Vehicular Operations The Town Street and Town Parking are swept using a street sweeper weekly. The Town has no waste transfer stations. There are no salt storage locations and np snow disposal areas. Vehicle Maintenance is performed by contract services at the contractor's premises. 7.6.6 Waste Disposal The Town personnel take all waste, that is not reusable dirt, to the County Waste site. The town contracts for residential garbage disposal. Commercial Facilities must separately contract for Waste Disposal Services. 7.6.7 Flood Management Projects The Town's Flood Prevention Ordinance (see Attachment) requires flood preventative measures to restrict construction in A flood zones and in Flood Ways. 7.6.8 Existing Ordinances Existing Ordinances are reviewed on an annual basis by the Stormwater Advisory Committee, Public Works Director and Town Engineer for possible modification to address Stormwater issues. 5 7.6.9 Other Evaluations No other evaluations are being done at this time 7.6.10 Decision Process The decision process for the development of a pollution prevention /good housekeeping program for the town municipal operations will be under auspice of the Town Manager. After approval of the overall pollution prevention /good housekeeping program by the Town Board of Aldermen the implementation will be done by the Town Manager. The responsible person for the program is: Mr. William P. Whisnant Town Manager 2571 Railroad Street PO Box 1459 Winterville, NC 28590 Phone — (252) 756 -2221 Fax — (252) 321 -8455 Email — bill .whisnant(D- wintervillenc.com 7.6.11 Evaluation Each year at the Town Board of Aldermen Planning Session in February and evaluation is made of the success of the measurable goals. 8. Impaired Waters — None X ATTACHMENT B North Carolina Waterbodies Listed by County Note: Waterbodies are listed in more than one county if they cross county lines. Records Found: 82 Search Parameters: County: Pftt Class: SpDes: Name: Index#: Name of Stream Description Curr. Class Date Basin Stream Index # Pitt:.C.ounty NEUSE RIVER From mouth of C;Sw,NSW 05/01/88 Neuse 27 -(85) Contentnea Creek to Streets Ferry Contentnea Creek From dam at Wilson C;Sw,NSW 05/01/88 Neuse 27- 86 -(7) Water Supply (Wiggins Mill Pond) to Neuse River Little From source to C;Sw,NSW 05/01/88 Neuse 27 -86 -26 Contentnea Creek Contentnea Creek Ward Run From source to Little C;Sw,NSW 05/01/88 Neuse 27- 86 -26 -1 Contentnea Creek Thompson Swamp From source to Little C;Sw,NSW 05/01/88 Neuse 27- B6- 26 -1.5 Contentnea Creek Black Swamp From source to Little C;Sw,NSW 05/01/88 Neuse 27- 86 -26 -2 Contentnea Creek Langs Mill Run From source to Black C ;Sw,NSW 05/01/88 Neuse 27- 86- 26 -2 -1 Swamp Jacob Branch From source to Black C;Sw,NSW 05/01/88 Neuse 27- 86- 26 -2 -2 ' Swamp Oldwoman Branch From source to Little C;Sw,NSW 05/01/88 Neuse 27- 86 -26 -3 Contentnea Creek Pinelog Branch From source to Little C;Sw,NSW 05/01/88 Neuse 27- 86 -26 -4 Contentnea Creek Middle Swamp From source to Little C ;Sw,NSW 05/01/88 Neuse 27- 86 -26 -5 Contentnea Creek Grinnel Slough From soruce to Neuse C;Sw,NSW 05/01/88 Neuse 27 -87 River Grinnel Creek From source to Neuse C;Sw,NSW 05/01/88 Neuse 27 -87.5 River Swift Creek From source to mouth C;Sw,NSW 05/01/88 Neuse 27- 97 -(0.5) �( of Bear Branch Gum Swamp From source to Swift C;Sw,NSW 05/01/88 Neuse 27 -97 -1 Creek Nobel Canal From source to Swift C;NSW 05/01/88 Neuse 27 -97 -2 Creek X Horsepen Swamp From source to Swift C;Sw,NSW 05/01/88 Neuse 27 -97 -3 Creek Simmon Branch From source to Swift C;Sw,NSW 05/01/88 Neuse 27- 97 -3.5 Creek Page 1 of 4 2010 -01 -02 07:08:21 Name of Stream Description Curr. Class Date Basin Stream Index # Fork Swamp From source to Swift C;Sw,NSW 05/01/88 Neuse 27 -97 -4 Creek co Clayroot Swamp From source to Swift C;Sw,NSW 05/01/88 Neuse 27 -97 -5 TAR RIVER Creek C;NSW 01/01/90 Tar -Pamli 28 -(94) Thorofare Swamp From souce to Clayroot C;Sw,NSW 05/01/88 Neuse 27- 97 -5 -1 Swamp Indian Well Swamp From source to C;Sw,NSW 05/01/88 Neuse 27- 97 -5 -2 Clayroot Swamp Creeping Swamp From source to C;Sw,NSW 05/01/88 Neuse 27- 97 -5 -3 Clayroot Swamp co TAR RIVER From a point 1.7 miles WS- IV;NSW 08/03/92 Tar -Pamli 28 -(84) downstream of Suggs co Creek to Johnsons Mill Creek TAR RIVER From Johnsons Mill Run WS- IV;NSW,CA 08/03/92 Tar -Pamli 28- (91.5) to Greenville Raw co Water Supply Intake TAR RIVER From Greenville Raw C;NSW 01/01/90 Tar -Pamli 28 -(94) Water Supply Intake to cc a point 1.2 miles downstream of the mouth of Broad Run TAR RIVER From a point 1.2 miles B;NSW 01/01/90 Tar -Pamli 28- (99.5) downstream of the co mouth of Broad Run to the upstream side of the mouth of Tranters Creek Grindle Creek From source to Tar C;NSW 01/01/90 Tar -Pamli 28 -100 River cc Suggs Branch From source to Grindle C;NSW 01/01/90 Tar -Pamli 28 -100 -1 Creek co Whichard Branch From source to Grindle C;NSW 01/01/90 Tar -Pamli 28 -100 -2 Creek cc Mill Branch From source to C;NSW 01/01/90 Tar -Pamli 28- 100 -2 -1 Whichard Branch cc Hunting Run From source to Grindle C;NSW 01/01/90 Tar -Pamli 28 -100 -3 Creek co Chicod Creek From source to Tar C;NSW 01/01/90 Tar -Pamli 28 -101 River co Horseway Swamp From source to Chicod C;NSW 01/01/90 Tar -Pamli 28 -101 -3 Creek cc Island Swamp From source to Chicod C;NSW 01/01/90 Tar -Pamli 28 -101 -4 Creek co Cow Swamp From source to Chicod C;NSW 01/01/90 Tar -Pamli 28 -101 -5 Creek co Cross Swamp From source to Cow C;NSW 01/01/90 Tar -Pamli 28- 101 -5 -1 Swamp cc Cabin Branch From source to Cow C;NSW 01/01/90 Tar -Pamli 28- 101 -5 -2 Swamp co Juniper Branch From source to Chicod C;NSW 01/01/90 Tar -Pamli 28 -101 -6 Creek co X Page 2 of 4 2010 -01 -02 07:08:21 ATTACHMENT C ATTACHMENT D ♦ = I 7 ♦♦ Ar I - ~ all !r �/' r. NORTH CAROLINA PITT COUNTY THIS LEASE AGREEMENT, Made and entered into this the ' '9*th -day- of June, 1980, by and between the Town of Winterville, a body corporate and politic, of Pitt County, North Carolina, party of the first part,.'hereinafter referred to as the Lessor, and Pitt County, a body corporate and politic of the State of North Carolina, party of the second part, hereinafter referred.to las the'Lessee, WI -TNE --S - S -E TH: That, subject to the terms and conditions hereinaftE iset-Iforth,-the said Lessor does hereby demise and lease to the Lessee, those certain premises described as. follows: "That certain tract or parcel of land being situate in Pitt County, Winterville Township, and .-lying just-west of and contiguous to the Winterville Cemetery property and more fully ,described as follows: BEGINNING at a point on the south bank of a ditch that separates the Town of Winterville property from the Paul Braxton property; said point being located where the existing cemetery fence intersects the said southern bank of said ditch, and running thence from said beginning point South 02 degrees, 14 minutes West 117.18 feet along said fence*to the northern gatepost of said fence; thence continuing along gate and fence South 11 degrees, 34 minutes West 34.35 feet to an angle in said fence; thence*.South 56 degrees, 47 minutes West along said fence 101.67 feet to *a point; thence leaving said fence and running North 77 degrees 25 minutes West 217.40 feet to a point; thence North 16 i a #2 - Lease degrees 31 minutes East 263.50 feet to the southern bank of the ditch between the Town of Winterville property and the Paul axton.property; thence South 68 degrees 11-minutes East along the southern bank of said ditch-251.80 feet to the point of BEGINNING, containing 1.46 acres, according to a Map of the same ared by C. A. Holliday, dated May 27, 1980, a copy of which is attached hereto and made a part of this instrument and_ to whict Map reference is hereby made for an accurate and complete description." follows: The terms and conditions of this Lease are as FIRST: The term of this Lease shall be for a period of five (5) years, commencing on June 15, 1980, and expiring on June 15, 1985. The Lessee hereby reserves the right to renew the Lease for an additional period of five (5) years by giving - written notice to renew thirty (30) days before the expiration of-the first five (5) year period, at the same rental. SECOND: . The annual -rental for said land for the term of th'. Lease will'be One Hundred-Do-ilars ($100.00) per ye; (payable on or before June 15 of each year for the term of this e. Upon execution of this Lease by the Lessor, the Lessee shall have the right to enter said premises and commence work to prepare the land for the use intended by the Lessee. The Lessee shall have the right to use said premis( for a 40 cubic yard'solid waste container site and 1 have -the right to construct ramps, access roads, concrete I1retaining walls, cut ditches and do such other things as will be necessary to utilize `the premises for the intended purpose. r I J Page #3 - Lease FOURTH: Upon termination,of this Lease, the Lessee shall fill all trenches and excavations and remove any concrete structures (upon the request of the Lessor) made by it during the term of'this Lease,'and shall leave said.property*in substantially the same condition as when first leased to.said i; Lessee. FI TH: Access to said site shall be from North Carolina Mc a State Road 1131 (Alfor d L w horn Farm Road), Wand the Lessee shall have the right during the term of this Lease .to free and unhindered ingress and egress along any service roads ';within said premises utilized or constructed by the Lessee for the most convenient use of said premises for the purposes herein set out. SIXTH: In accepting this Lease, the Lessee agrees to.dol- the following: - .1. To maintain said premises in a sanitary and neat condition." r -_ 2. The Lessee agrees that it will be responsible f; for any expense, loss or dama6e resulting ' from any claim or cause of action arising out of Lessee's negligent use of the premises-- !.SEVENTH: In the event that-the Lessee fails to pay the- rental provided for herein for a period of three (3)-months or fails to maintain the covenants set out above as E _ determined by a court of competent jurisdiction, then in such event, the Lessor shall have the option of terminating this Lease upon ninety (90) days' written notice, and the Lessee shall have !, said ninety (90) days within which to move its equipment and any improvements rovements that it might have constructed on said i; P g premises and i.des.ires to move. �1 - -Lease IGHTH: In the event that any'succeeding Board of Commissioners for the County.of Pitt should fail o appropriate the necessary funds during each budget year for he continuance of said Lease, then and in such event, this Lease hall terminate-as of June 14th of the fiscal year in which no unds were:appropriated. .—IN-WITNESS WHEREOF, the said Lessor and Lessee have ,aused this. -Lease to be signed in their names, the day and year 'irst above written, in duplicate originals, one of which is •etained by each of the parties. TOWN OF WINTERVILLE, A BODY S CORPORATE AND POLITIC OFnPITT COUNTY,- ORT4 CAROLINA BY CHAIRMAN OF TOWN BOARD i CT COUNTY, A BODY CORPORATE POLITIC ED N. WARREN, CHAIRMAN BOARD OF COMMISSIONERS NORTH CAROLINA ) )SS. PITT COUNTY ) On this the 9th day'of June , 1980personally -came before me, , a Notary, Public in. and for Pitt County, North Carolina, who 'being by me duly sworn, 'says that knows the common seal.of Pitt'County, a body corporate and politic, and that is acquainted with yI o who is Chairman of the Pitt County Board of Commissioners, and saw the said Chairman sign -thee foregoing instrument and saw Co,�-nty affixed'to said instrument 11_ .� the said 3 name in attestation of the instrument in the .presence of the Board. the said common seal of Pitt by said,Chairman, and that Clerk, signed .execution -of the said said Chairman of the said vr-r m%TL+o n 1ORTH CAROLINA ) )SS. 'JOUNTY OF-PITT ) On tiis the day of 1980, personally came before me,' a Notary Public in and for Pitt County, North Carolina, , who, being by me duly sworn, says that* knows the common seal of the Town of Winterville, a. body corporate and politic of Pitt County, North Carolina, and that is acquainted with �j a\s_,�,-_.,, who is Chairman of the Board of Commissioners of the Town of Winterville, and saw the -said Chairman sign the foregoing Lease Agreement and saw the common seal of the Town of terville affixed to said instrument by said Chairman, and that the s aid ....� signed ' � \s name in' attestation of the- execution of said instrument in the presence of the said Chairman of the said Board. WITNESS my.-hand and Notarial Seal, this the day of ...... 1980. commission expires: ATTACHMENT G c� t itz ru Town of Winterville, NC Id 0 -04- 09128889 AN ORDINANCE REVISING, CONSOLIDATING, ELABORATING, AND ADDING TO THE ORDINANCES OF THE TOWN OF WINTERVILLE, NORTH CAROLINA The Board of Aldermen of the Town of WinterviIle. NC do ' hereby ordain that all of the following named articles and ' sections shall be and are duly made ratified and adopted as the "Storm Water Drainage Ordinance of the Town of WinterviIle, North Carolina ". 0 In the interpretation and application, the provision of this ordinance shall be held to be the minimum requirements, adopted for the promotion of.the public health, safety, morals, and general welfare. Wherever the requirements of lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants apply, the most restrictive, or that imposing the highest standards shall govern. Should any section or provision of this ordinance be declared invalid by the courts, such decision shall not affect the validity of the ordinance as a whale, or any part thereof, other than the part so declared to be invalid. This ordinance shall take effect and be in force from and after its passage and adoption. Adopted this the -12th_ day of _September___, 1988__ N` A r - - - - -- -- -------------------- E. C. Hines, Mayor 'Elwo No 1 s, Town Clerk Storm Water Drainage Ordinance Town of Winterville, North Carolina ARTICLE I. PURPOSE AND AUTHORITY In pursuance of the authority conferred by Article 8 of Chapter'160A of the General Statutes of North Carolina and for the purpose of promoting the health, safety, and welfare of the citizens of the Town of Winterville, THE BOARD OF ALDERMEN OF THE TOWN OF WINTERVILLE, NORTH CAROLINA, DO HEREBY ORDAIN AND ENACTS INTO LAW THE FOLLOWING ARTICLES AND SECTIONS: ARTICLE II. GENERAL The Storm Water Drainage Ordinance for the Town of Winterville is hereby established and includes provisions for drainage systems for new subdivision and /or resubdivision approved after the adoption date of this ordinance. ARTICLE III. NEW SUBDIVISIONS Section A. All subdivisions, and or resubdivisions, approved after the adoption date of this ordinance, shall have drainage systems installed by the developer /owner in accordance with the Subdivision Regulations of the Town of Winterville. Any drainage ditch in a subdivision which will require a 48 -inch diameter or smaller pipe shall be piped. This shall apply to a) new ditches required for development of the subdivision, and b) existing ditches that will require substantial improvement for development of the subdivision. Larger ditches may be left open but shall be constructed in accordance with United States Soil Conservation Service (USCS) requirements as these requirements apply in Pitt County -. The required pipe sizes shall be as determined by the engineer for the developer and approved by the Town. . . ARTICLE IV. PRIVATE PROPERTY OTHER THAN SUBDIVISIONS Section A. The Town will participate with property owners in the installation of storm water drains crossing private property other than new subdivisions, within the corporate limits of the Town and /or within an area under formal consideration for annexation by the Town Board of Aldermen, under the following conditions: 1. The storm water drains to be installed will carry storm drainage water discharged from a street or streets dedicated and.accepted for public. purposes. 2. The property owner(s) shall furnish the Town without cost therefore, a duly signed good and sufficient statement of interest and a petition, conveying to the Town perpetual permission to enter and cross their property as necessary for the purpose of doing any and all types of work related to storm water drainage. Any application for the installation of storm water drainage must be signed by 100 percent of the affected residents within the project area proposed. 3. All pipe sizes, structural accessories, discharge points, and other specifications shall be as determined by the Town. 4. The Town will furnish the labor and equipment necessary for installation of the storm water drains. The property owner(s) will provide all materials necessary for construction of the storm water drains. These materials shall include headwalls, manholes, catch basins, and all other structures normal to a complete storm water drainage system. 5. All storm water drainage construction shall be done on a schedule established by the Town so as not to interfere with other Town projects and then only as budgeted funds for this purpose are available. 6. Due to the greatly increased cost of labor, equipment, and engineering, Town participation in the construction of any storm water drainage systems which require a pipe size larger than 48 inches shall be considered only after specific authorization by the Town Board of Aldermen has been received. ARTICL.A V. ADDITIONAL PROVISIONS Section A. No action or inaction of the Town pursuant to this Storm Water Drainage Ordinance shall impose upon the Town of Winterville, its agents, officers, or employees, any responsibility of liability of any kind, past.or future, relating to any person or property. No such action by the Town shall be considered as a taking or appropriation of any stream, drain, or ditch as part of the Town's drainage system. Section B. The conditions set forth in this Storm Water Drainage Ordinance, and particularly the easements provided by execution of petitions, shall be binding on the heirs, successors, assigns, and grantees of the petitioner(s). Section C. All decisions concerning application of the Storm Water Drainage Ordinance shall be under the authority of the Town Board of Aldermen. ORDINANCE NO. 01-53 ORDINANCE AMENDING THE STORM WATER DRAINANGE ORDINANCE ARTICLE III. NEW SUBDIVISIONS, SECTION A OF THE TOWN OF WINTERVILLE CODE OF ORDINANCES BE IT ORDAINED by the Board of Aldermen of the Town of Winterville, North Carolina that: Article III - New Subdivisions of the Storm Water Drainage Ordinance of the Town of Vmtervlle is hereby amended as follows: Section A. All subdivisions, and or resubdivisions, approved after the adoption date of this ordinance, shall have piped drainage systems installed by the developer /owner in accordance with the Subdivision Regulations of the Town of Vmterville. The required pipe sizes shall be as determined by the engineer for the developer, reviewed by the Town Engineer, and approved by the Town. Section B. This amendment applies to any preliminary plats submitted aAer the adoption date of this ordinance. Adopted this the 8#h day of January, 2001. ATTEST: Tangi H. Lary, Town Clerk BUILDINGS, CONSTRUCTION AND RELATED ACTIVITIES- ARTICLE IV. SOIL EROSION AND SEDIMENTATION CONTROL Sec. 4- 110.Title This article may be cited as the County of Pitt Soil Erosion and Sedimentation Control Ordinance. (Ord. Of 3- 15 -93; § 1; Ord. Of 745 -96, § 1) Sec. 4 -111 Purposes This article is adopted for the purposes of- A. Regulating certain land- disturbing activity to control accelerated erosion and sedimentation in order to prevent the pollution of water and other damage to lakes, watercourses, and other public and private property by sedimentation; and B. Establishing procedures through which these purposes can be fulfilled.. C. Regulating soil erosion and sedimentation in accordance with the Sedimentation Pollution Control Act of 1973, N.C.G.S. 113A-50, et seq. (Ord. Of 3- 15 -93; § 2; Ord. 7- 15 -96, § 2) Sec. 4 -112. Authority Pitt County hereby exercises its authority to enact the control of soil erosion and sedimentation pursuant to the North Carolina General Statutes 113A 60. (Ord. Of 3- 15 -93, § 3; Ord. Of 7- 15 -96, § 3) Sec. 4 -113. Jurisdiction This article shall govern the control of soil erosion and sedimentation within Pitt County and outside the jurisdiction of any incorporated municipality; furthermore, this article may also regulate the control of soil erosion and sedimentation within the jurisdiction of any municipality whose governing body by resolution agrees to such regulation; provided, however, that any such municipal governing body, upon one year's written notice, may withdraw its approval of the Pitt County Soil Erosion and Sedimentation Control Ordinance, and those regulations shall have no ftiuther effect within the municipality's jurisdiction (except - state's exclusive jurisdiction as provided in (GS 113A 56(A)). (Ord.. Of 3- 15 -93, § 4; Ord. Of 7- 15 -96, § 4) Sec. 4 -114. Definitions As used in this article, unless the context clearly indicates otherwise, the following definitions apply: Accelerated Erosion means any increase over the rate of natural erosion as a result of land - disturbing activity. Act means the North Carolina Sedimentation Pollution Control Act of 1973, N.C.G.S. 113A-50, et seq. and all rules and orders adopted pursuant to it. Active construction means activities, which contribute directly to the building of facilities including land-disturbing activities for roads, parking lots, footings, etc, Adequate Erosion Control Measure, Structure, or Device means one which controls the soil material within the land area under responsible control of the person conducting the land - disturbing activity. Affiliate means a person that directly, or indirectly through one or more intermediaries' controls, is controlled by or is under common control of another person. Being conducted means a land - disturbing activity has been initiated and permanent Stabilization of the $ite has not been completed. Borrow means fill material, which is required for on-site construction and is obtained from other locations. Buffer Zone means the strip of land adjacent to a lake or natural watercourse. Caving means the collapse of a bank by undercutting due to wearing away of the toe or an erodible soil layer above the toe. Coastal Counties means the following counties: Beaufort, Bertie, Brunswick, Camden,. Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Tyrrell and Washington. Commission means the North Carolina Sedimentation Control Commission. Committee means the Technical Review Committee (TRC). Completion of Construction or Development means that no further land- disturbing activity is required on a phase of a project except that which is necessary for establishing a permanent ground cover. Denuded means the removal of ground cover from, on, or above the soil surface. Department means the North Carolina. Department of Environment and Natural Resources (DENR). Director means the Director of the Division of Land Resources (DENR). of the Department of Environment and Natural Resources. Discharge Point means that point at which runoff leaves a tract of land. District means the Pitt County Soil. and Water Conservation District created pursuant to Chapter 139, North Carolina General. Statutes. Drainage Easement means a minimum strip of land reserved for conveyance of stormwater generally located along the rear or side lot lines, but may cross lots at such points that will not pose a hazard to persons or property. Energy Dissipator means a structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow. Erosion means the wearing away of land surface by the action of wind, water, gravity, or any combination thereof Failure means the collapse or slippage of a large mass of bank material into a ditch or stream Ground Cover means any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. High Quality Waters means those classified as such in 15A NCAC 2B.0101(e) (5) - General Procedures, which is incorporated herein by reference to include fin Cher amendments pursuant to G.S. 15013- 14(c). ' High Quality Water (HQWj Zones means areas in the Coastal Counties that are within 575 (five hundred and seventy-five) feet of High Quality Waters and for the remainder of the state areas that are within one mile and drain to HQW s. Lake or Natural Watercourse means any stream; river, brook, swamp, sound, bay, creek, run, branch, canal; waterway, estuary, and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment. Land - disturbing Activity means any use of the land by any person in residential, industrial, educational, institutional or commercial development, highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. Local Government means any county, incorporated village, town, or city, or any combination of counties, incorporated villages, towns, and cities, acting through a joint program pursuant to the provisions of the Act. Natural Erosion means the wearing away of the earth's surface by water, wind, or other natural agents under natural environmental conditions undisturbed by man. On site soil loss means sedimentation that has not been deposited off-site, but has been deposited from its natural origin on a given parcel of property. Parent an affiliate that directly or indirectly through one or more intermediaries, controls another person. Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. Person Conducting Land - Disturbing Activity means any person who may be held responsible for a violation unless expressly provided otherwise by this Ordinance, the Act, or any order adopted pursuant to this Ordinance or the Act. . ' Person Responsible for the Violation as used in this Ordinance, and G.S. 113A -b4, means: (1) The developer or other person who has of holds himself out as having financial or operational control over the land - disturbing activity; or (Z) The landowner or person in possession or control of the land when he has directly or indirectly allowed the land- disturbing activity or has benefited from it or he has failed to comply with any provision of this Ordinance, the Act, or any order adopted pursuant to this Ordinance or the Act as imposes a duty upon him. Phase of Grading means one of two types of grading, rough or fine. Plan means an erosion and sedimentation control plan. Receiving Watercourse means a lake, natural watercourse, or other natural or manor de area into which stormwater ran-off flows from a land - disturbing activity. Rill Erosion means the removal of soil particles from a bank slope by surface runoff moving through relatively small channels. Sediment means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin. Sedimentation means the process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land- disturbing activity or into a lake or natural watercourse. Siltation means sediment resulting from accelerated erosion which is settleable or removable by properly designed, constructed, and maintained control measures; and which has been transported from its point of origin within the site of a land- disturbing activity; and which has been deposited, or is in suspension in water. Storm Drainage Facilities means the system of inlets, conduits, channels, ditches, and appurtenances which serve to collect and convey storm water through and from a given drainage area. Storm Water Runoff means the direct runoff of water resulting from precipitation in any form. Subsidiary an affiliate that is directly, or indirectly through one or more intermediaries, controlled by another person. Technical Review Committee (TRQ = mean Representatives of local and state agencies who collectively review and evaluate Erosion and Sedimentation Control Plans for compliance with all regulations. Ten Year Storm - means the surface runoff resulting from a rainfall of an intensity expected to be equated or exceeded, on the average, once in ten years, and of a duration which will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions. Tract - means all contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership. Twenty -Five Year Storm - means the surface runoff resulting from a rainfall of an intensity expected to be equated or exceeded, on the average, once in 25 years, and of a duration which will produce the maximum peak rate of runoH, from the watershed of interest under average antecedent wetness conditions. Uncovered - means the removal of ground cover from, on, or above the soil surface. Undertaken means the initiating of any activity, or phase of activity, which results or will result in a change in the ground cover or topography of a tract of laud. Velocity - means the average velocity of flow through the cross section of the main channel at the peak flow of the storm of interest. The cross section of the main channel shall be that area defined by the geometry of the channel plus the area of flow below the flood height defined by vertical lines at the main channel banks. Overload flows are not to be included for the purpose of computing velocity of flow. Waste - means surplus materials resulting from on -site construction and disposed of at other locations. Working Days - means days exclusive of Saturday and Sunday during which weather conditions or soil conditions permit land.- disturbing activity to be undertaken. (Ord. Of 3- 15 -93, § 5; Ord. Of 7- 15 -96, § 5) Sec. 4 -115. Scope and Exclusions This article shall not apply to the following land- disturbing activities: a. Activities, including the breeding and grazing of livestock, undertaken on agricultural Iand for the production ofplants and animals useful to man, including, but not limited to: 1. Forages and sod crops, grains and feed crops, tobacco, cotton, and peanuts. 2. Dairy animals and dairy products. 3. Poultry and poultry products. 4. Livestock, including beef cattle, sheep, swine, horses, ponies, mules, and goats. 5. Bees and apiary products. 6. Fur producing animals. b. Activities undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with best management practices set out in Forest Practice Guidelines.Related to Water Quality as adopted by the Department. If land - disturbing activity undertaken on forest land for the production and harvesting of timber and timber products is not conducted in accordance with Forest Practice Guidelines Related to Water Quality, the provisions of this Ordinance shall apply to such activity and any related land- disturbing activity on the tract; and c. Activities for which a permit is required under the Mining Act of 1971, Article 7 of Chapter 74 of the General Statutes. d. Land - disturbing activity over which the State has exclusive regulatory jurisdiction as provided in G.S. 113A-56(a), e. For the duration of an emergency, activities essential to protect human life. (Ord. Of 3- 15 -93, § 6; Ord. Of 7- 15 -96, §6) Sec. 4 -116. General Requirements a. Plan Required. No person shall initiate any land- disturbing activity when more than one acre is to be disturbed, without having an erosion control plan approved by the County of Pitt. b. Less thgn one acre disturbance. Whenever the disturbed area on a. tract is to be less than one acre, no erosion control plan is required. However, the person conducting the land - disturbing activity is still responsible for installing and maintaining erosion control measures. c. Protection of Property. Persons conducting land- disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity. d More Restrictive Rules Shall Apply — Whenever conflicts exist between federal, state, or local laws, ordinances, or rules, the more restrictive provision shall apply. Sec. 4- 117.Administration a. Pitt County Technical Review Committee (TRQ 1. Composition: The Committee as established by the Pitt County Board of Commissioners on May 21,1991, shall consist of one representative from each of the following agencies: North Carolina Department of Transportation Pitt County Emergency Services Department Pitt County Engineering Department Pitt County Environmental Health Division Pitt County Planning Department Pitt County Soil Conservation Service Any change in the membership structure of the Technical Review Committee shall be approved by the Board of Commissioners. 2. Duties: The Committee shall review all erosion and sedimentation control plans. It shall approve, modify, or disapprove based on the plan's compliance with this article. 3. Organization: The Committee shall operate as a staff committee and shall meet and correspond as necessary to approve plans and enforce this article. b. Pitt County Sediment Control Officer 1. Appointment. The Pitt County Manager shall appoint a Sediment Control Officer. The Sediment Control Officer may be a county employee. 2. Term of Appointment: The term of the Sediment Control Officer shall be determined by the County Manager. 3. Duties: The Sediment Control Officer shall be: a. Responsible for the enforcement of the Pitt County Sediment Control Ordinance; b. Responsible for periodic on -site inspections. (Ord. Of 3- 15 -93, § 8; Ord. Of 7- 15 -96, § 8) Sec. 4 -118. Basic Control Objectives An erosion and sedimentation control plan may be disapproved for failure to comply with this article or if the plan fails to address the following control objectives: 1. Identify Critical Areas - On -site areas, which are subject to severe erosion, and off -site areas, which are especially vulnerable. to damage from erosion and/or sedimentation, are *to be identified and receive special attention. 2. Limit Time of Exposure - All land- disturbing activity is to be planned and conducted to limit exposure of denuded areas to the shortest feasible time. 3. Limit Exposed Areas - All land - disturbing activity is to be planned and conducted to minimize the size of the area to be exposed or denuded at any one time. 4. Control Surface Water - Surface water runoff originating upgrade of exposed areas should be controlled to reduce erosion and sediment loss during the period of exposure. 5. Control ,Sedimentation - All land- disturbing activity is to be planned and conducted to prevent off -site sedimentation damage and on —site soil loss. 6. Manage Storm Water Runoff - When the increase in the velocity of storm water runoff resulting from a land - disturbing activity is sufficient to cause accelerated erosion of the receiving watercourse, plans are to include measures to control the velocity to the point of discharge so as to minimize accelerated erosion of the site and increased sedimentation of the stream. (Ord. Of 3- 15 -93, § 9; Ord. 7- 15 -96, § 9) See. 4 -119. Mandatory Standards for Land- disturbing Activity No land - disturbing activity subject to the control of this article shall be undertaken except in accordance with the following mandatory standards: 1. Buffer Zone a. No land- disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is provided along the margin of the watercourse of sufficient width to confine visible siltation within the twenty -five percent (25 %) of the buffer zone nearest the land- disturbing activity. Waters that have been classified as trout waters by the Environmental Management Commission shall have an undis- turbed buffer zone 25 feet wide or of sufficient width to confine visible siltation within the twenty -five percent (25 %) of the buffer zone nearest the land- disturbing activity, whichever is greater. Provided, however, that the County of Pitt may approve plans which include land - disturbing activity along trout waters when the duration of said disturbance would be temporary and the extent of said disturbance would be minimal. This subdivision shall not apply to a land - disturbing activity in connection with the construction of facilities to be located on, over, or under a lake or natural watercourse. b.Unless otherwise provided, the width of a buffer zone is measured from the edge of the water to the nearest edge of the disturbed area, with the 25 percent of the strip nearer the land - disturbing activity containing natural or artificial means of confining visible siltation. 2. Graded Slopes and Fills - The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control devices or structures. In any event, slopes left exposed will, within 15 working days or 30 calendar days, whichever is shorter, of completion of any phase of grading, be planted or otherwise provided with ground cover, devices, or structures sufficient to restrain. erosion. 3. Ground Cover - Whenever land- disturbing activity is undertaken on a tract comprising more than one acre, if more than one acre is uncovered, the person conducting the land- disturbing activity shall install such sedimentation and erosion control devices and practices as are sufficient to retain the sediment generated by the land- disturbing activity within the boundaries of the tract during construction upon and development of said tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development. Except as provided in Section 4 -120 (b) (5), provisions for a ground cover sufficient to restrain erosion must be accomplished within 15 working days or 90 calendar days following completion of construction or development whichever period is shorter. 4. Prior Plan Approval - No person shall initiate any land - disturbing activity on a tract if more than one acre is to be uncovered unless, 30 or more days prior to initiating the activity, an erosion and sedimentation control plan for such activity is filed with and approved by the County of Pitt. (Ord. Of 3- 15 -93, § 10; Ord. Of 7- 15 -96, §10) Sec. 4 -120. Design and Performance Standards a. Except as provided in subsection (b)(2) hereinbelow, erosion and sedimentation control measures, structures, and devices shall be so planned, designed, and constructed as to provide protection from the calculated maximum peak rate of run off from the 10 -year storm Runoff rates shall be calculated using the procedures in the USDA, Soil Conservation Service's "National Engineering Field Manual. for Conservation Practices ", or other acceptable calculation procedures. b. In High Quality Water (HQW) zones the following design standards shall apply: 1. Uncovered areas in HQW zones shall be limited at any time to a maximum total area within the boundaries of the tract of 20 acres. Only the portion of the land - disturbing activity within a HQW zone shall be governed by this section. Larger areas may be uncovered within the bounda- ries of the tract with the written approval of the Director. 2. Erosion and sedimentation control measures, structures, and devices within HQW zones shall be so planned, designed and constructed to provide protection from the run off of the 25 -year storm which produces the maximum peak rate of run off as calculated according to procedures in the United States Department of Agriculture Natural Resources Conservation Service's "National Engineering Field Manual for Conservation Practices" or according to procedures adopted by any other agency of this State or the United States or any generally recognized organization or association. 3. Sediment basins within HQW zones shall be designed and constructed such that the basin will have a settling efficiency of at lest 70% for the. 40 micron (0.04 mm) size soil particle transported into the basin by the runoff of that 2 -year storm which produces the maximum peak rate of runoff as calculated according to procedures in the United States Department of Agriculture Soil Conservation Service's "National Engineering Field Manual for Conservation Practices" or according to procedures adopted by any other agency of this state or the United States or any generally recognized organization or association 4. Newly constructed open channels in HQW zones shall be designed and constructed with side slopes no steeper than 2 horizontal to 1 vertical if a vegetative cover is used for stabilization unless soil conditions permit a steeper slope or where the slopes are stabilized by using mechanical devices, structural devices or other acceptable ditch liners. In any event, the angle for side slopes shall be sufficient to restrain accelerated erosion. 5. Ground cover sufficient to restrain erosion must be provided for any portion' of a land - disturbing activity in a HQW zone within 15 working d4ys or 60- calendar days following completion of construction or development, whichever period is shorter. (Ord. Of 3- 15 -93, § 11; Ord. Of 7- 15 -96, §11) Sec. 4 -121. Stormwater Outlet Protection (a) Persons shall conduct land- disturbing activity so that the post construction velocity of the 10- year storm run off in the receiving watercourse to the discharge point does not exceed the greater of 1.The velocity established by the table in subsection (d); or 2. The .velocities of the 10 -year storm run off in the receiving watercourse prior to development. If conditions (1) or (2) of this Paragraph cannot be met, then the receiving watercourse to and including the discharge point shall be designed and constructed to withstand the expected velocity anywhere the velocity exceeds the "prior to development" velocity by 10 %. (b) Acceptable Management Measures - Measures applied alone or in combination to satisfy the intent of this section are acceptable if there are no objectionable secondary consequences. The Commission recognizes that the management of stormwater runoff 'to minimize or control downstream channel and bank erosion is a developing technology. Innovative techniques and ideas wilt be considered and may be used when shown to have the potential to produce successful results. Some alternatives are to: 1. Avoid increases in surface runoff volume and velocity by including measures to promote infiltration to compensate for increased runoff from areas rendered impervious, I Avoid increases in stormwater discharge velocities by using vegetated or roughened swales and waterways in lieu of closed drains and high velocity paved sections, 3. Provide energy dissipators at outlets of storm drainage facilities to reduce flow velocities to the point of discharge. These may range from simple riprapped sections to complex structures, 4. Protect watercourses subject to accelerated erosion by improving cross sections and/or providing erosion - resistant lining. (c) Exceptions - This rule shall not apply where it can be demonstrated that stormwater discharge velocities will not create an erosion problem in the receiving water course. (d) The following is a table for maximum permissible velocity for stormwater discharges: Maximum permissible velocities F.P.S. M.P.S. Material Fine sand (noncolloidal) 2.5 .8 Sandy loam (noncolloidal) 2.5 .8 Silt loam. (noncolloidal) 3.0 .9 Ordinary firm loam 3.5 1.1 Fine gravel 5.0 1.5 Stiff clay (very colloidal) 5.0 1.5 Graded, loam to cobbles (tioncolloidal) 5.0 1.5 Graded, silt to cobbles (colloidal) 5.5 1.7 Alluvial silts (noncolloidal) 3.5 1.1 Alluvial silts (colloidal) 5.0 1.5 Coarse gravel (noncolloidal) 6.0 1.8 Cobbles and shingles 5.5 1.7 Shales and bard pans" 6.0 1.8 Source - Adapted from recommendations by Special Committee on Irrigation Research, American Society of Civil Engineers, 1926, for channels with straight alignment. For sinuous channels, multiply allowable velocity by 0.95 for slightly sinuous, by 0.9 for moderately sinuous channels, and by 0.8 for highly sinuous channels. (Ord. Of 3- 15 -93, § 12; Ord. Of 7- 15 -96, § 12) Cross Reference - -Flood Damage Prevention Ordinance, § 4 -80 et. seq. Sec. 4422. Sorrow and Waste Areas When the person conducting the land- disturbing activity is also the person conducting the borrow or waste disposal activity, areas from which borrow is obtained and which are not regulated by the provisions of the Mining Act of 1971, and waste areas for surplus materials other than landfills regulated by the Department's Division of Solid Waste Management, shall be considered as part of the land - disturbing activity where the borrow material is being used or from which the waste material originated. When the person conducting the land.- disturbing activity is not the person obtaining the borrow and/or disposing ofthe waste, these areas shall be consid- ered a separate land- disturbing activity. (Ord. Of 3- 15 -93, § 13; Ord. Of 7- 15 -93, §13) Sec. 4 -123. Access and Haul Roads Temporary access and haul roads, other than public roads, constructed or used in connection with any land - disturbing activity shall be considered a part of such activity. (Ord. Of 3- 15 -93, §14; Ord. Of 7- 15 -96, § 14) Sec. 4 -124. Operations in Lakes or Natural Watercourses Land - disturbing activity in connection with construction in, on, over,' or under a lake or natural watercourse shall be planned and conducted in such manner as to minimize the extent and duration of disturbance of the stream channel. The relocation of a stream, where relocation is an essential part of the proposed activity, shall be planned and executed so as to minimize changes in the stream flow characteristics, except when justification for significant alteration to flow characteristic is provided This rule shall not require ground cover on cleared land forming the future basin of a planned reservoir, provided adequate erosion and sediment control measures are in place. (Ord. Of 3- 15 -93, § 15; Ord. Of 7- 15 -96, § 15) Sec. 4 -125. Responsibility for Maintenance During the development of a site, the person conducting the land - disturbing activity shall install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan or any provision of this Ordinance, the Act, or any order adopted pursuant to this Ordinance or the Act. After site development, the land owner or person in possession or control of the land shall install and/or maintain all necessary permanent erosion and sediment control measures, except those measures installed within a road or street right -of- way or easement accepted for maintenance by a governmental agency. (Ord. Of 3- 15 -93, § 16; Ord. Of 7- 15 -96, § 16) See. 4 -126. Additional Measures Whenever the County of Pitt determines that significant sedimentation is occurring as a result of laud - disturbing activity, despite application and maintenance of protective practices, the person conducting the land disturbing activity will be required to and shall take additional protective action. (Ord. Of 3- 15 -93, § 17; Ord. Of 7- 15 -96, § 17) Sec. 4 -127. Existing Uncovered Areas (a) All uncovered areas existing on the effective date of this Ordinance which resulted from land - disturbing activity exceed one acre, are subject to continued accelerated erosion, and are causing off -site damage from sedimentation, shall be provided with a ground cover or other protective measures, structures, or devices sufficient to restrain accelerated erosion and control off-site sedimentation. (b) The County of Pitt will serve upon the landowner or other person in possession or control of the land a written notice of violation by registered or certified mail, return receipt requested, or other means reasonably calculated to give actual notice. The notice will set forth the measures needed to comply and will state the time within which such measures must be completed. In determining the measures required and the time allowed for compliance, the authority serving notice shall take into consideration the economic feasibility, technology, and quantity of work required, and shall set reasonable and attainable time limits of compliance. (c) The County of Pitt reserves the right to require preparation and approval of an erosion control plan in any instance where extensive control measures are required. (d) This rule shall not require ground cover on cleared land forming the future basin of a planned reservoir, provided adequate erosion and sediment control measures are in place.. See. 4-128. Permits (a) No person shall undertake any land- disturbing activity subject to this Ordinance without first obtaining a permit therefore from the County of Pitt except that no permit shall be required for any land - disturbing activity: I.for the purpose of fighting fires; or 2. for the stock piling of raw or processed sand, stone, or gravel in material processing plants and storage yards, provided that sediment control measures have been utilized to protect against off - site damage; or 3. that do not intend to exceed 43,560 square feet in surface area. In determining the area, lands under one or diverse ownership being developed as a unit will be aggregated. (b) The Pitt County Board of Commissioners may establish a fee if considered necessary. (Ord. Of 3- 15 -93, § 19; Ord. Of 7- 15 -96, § 19) Sec. 4 -129. Erosion and Sedimentation Control Plans (a) An erosion control plan shall be prepared for all land- disturbing activities subject to this article whenever the proposed activity is to be undertaken on a tract comprising more than one acre, if more than one acre is to be uncovered. The plan shall be filed with the County of Pitt and a copy shall. be simultaneously submitted to the Pitt County Soil and Water Conservation District, at least 30 days prior to the commencement of the proposed activity. (b) Persons conducting land - disturbing activity on a tract which covers one or more acres shall file six copies of the erosion control plan with the County of Pitt, at least 30 days prior to beginning such activity and shall keep another copy of the plan on file at the job site. Amer approving the plan, if the County of Pitt either upon review of such plan or on inspection of the job site, determines that a significant risk of accelerated erosion or off -site sedimentation exists, the County of Pitt will require a revised plan. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the appropriate authority. (c) Erosion control plans may be disapproved unless accompanied by an authorized statement of financial responsibility and ownership. This statement shall be signed by the person financially responsible for the land-disturbing-activity or his attorney in fact. The statement shall include the mailing and street addresses of the principal place of business of the person financially responsible and of the awlher of the land or their registered agents. If the person financially responsible is not a resident of North Carolina, a North Carolina agent must be designated in the statement for the purpose of receiving notice of compliance or non - compliance with the plan, the Act, this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance. (d) The Pitt Soil and Water Conservation District shall review the plan and submit any comments and recommendations to the County ofPitt within 20 days after the Soil and Water Conservation District received the erosion control plan, or within any shorter period of time as may be agreed upon by the Soil and Water Conservation District and Pitt County. Failure of the Soil and Water Conservation District to submit its comments and r6commendations within 20 days or within any agreed upon shorter period of time shall not delay final action on the plan. ( -)The County of Pitt will review each complete plan submitted to them and within 30 days of receipt thereof will notify the person submitting the plan that it has been approved, approved with modifications, approved with performance reservations, or disapproved. The County shall condition approval of a plan based on the applicant's compliance with federal and state water quality laws, rules and regulations. Failure to approve, approve with modifications, approve with performance modifications or disapprove a complete erosion and sedimentation control plan within 30 days of receipt shall be deemed approval. Disapproval of a plan must specifically state in writing the reasons for disapproval. The County of Pitt must approve, approve with modifications, or disapprove a revised plan within 15 days of receipt, or it is deemed to be approved. g following commencement of a land - disturbing activity pursuant to an approved plan, the County of Pitt determines that the plan is inadequate to meet the requirements of thi§ Ordinance, the County of Pitt may require any revisions of the plan that is necessary to comply with this Ordinance. Failure to approve, approve with modifications or .disapprove a revised erosion control plan within 15 days of receipt shall be deemed approval of the plan. The County of Pitt may establish an expiration date for erosion control plans approved under this Ordinance. (f) Any plan submitted for a land disturbing activity for which an environmental document is required by the North Carolina Environmental Policy Act (G.S. 113A -1, et. seq.) shall be deemed incomplete until a complete environmental document is available for review. The County of Pitt shall promptly notify the person submitting the plan that the 30 day time limit for review of the plan pursuant to Section 20 (E) of this article shall not begin until a complete environmental document is available for review. (g)The plan required by this section shall contain architectural and engineering drawings, maps, assumptions, calculations, and narrative statements as needed to adequately describe the proposed development of the tract and the measures planned to comply with the requirements of this Ordinance. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for plan preparation may be obtained from the County of Pitt on request. (h) A local government may disapprove an erosion control plan upon finding that an applicant, or a parent, subsidiary or other affiliate of the applicant: (1) Is conducting or has conducted land disturbing activity without an approved plan, or has received notice of violation of a plan previously approved by the Commission or a local government pursuant to the Act and has not complied with the notice within the time specified in the notice; (2) Has failed to pay a civil penalty assessed pursuant to the Act or a local Ordinance adopted pursuant to the Act by the time the payment is due; (3) Has been convicted of a misdemeanor pursuant to G.S. 113A -64(b) or any criminal provision of a local Ordinance adopted pursuant to the Act or; (4) Has failed to substantially comply with State rules or local ordinances and regulations adopted pursuant to the Act. (5) Has failed to submit a revised plat reflecting recommended changes by MC by the given deadline following a TRC meeting. For purposes of this subsection H, an applicant's record may be considered for only the two years prior to the application date. (i) The plan shall consist of a narrative report and map. The narrative shall contain the following: 1. The name and address of the landowner, the developer, registered agent, attorney-in-fact, and the person submitting the plan; 2. A general description of the predominant soil types on the site; 3. A timing schedule and sequence of operations stating the expected starting and completion dates of the development sequence; 4. The estimated time of exposure of oach area prior to the completion of effective erosion and sedimentation control measures and other related data such as seeding mixtures and rates, type of sod, seed bed preparation, lime and fertilizer application, and mulching; 5. A statement giving any applicable engineering assumptions and calculations. The map shall contain the following: 1. Title, scale, north arrow, date, and name of person preparing the plan; 2. Vicinity map drawn to a scale of not less than 2,000 fl. to one inch showing the relationship of the site to its general surroundings; 3. Boundary lines of the site on which the work is to be performed, including' the approximate acreage of the site; 4. Existing contours with intervals of not more than five feet where the slope is from ten percent to twenty percent and not more than two feet where the slope is less than ten percent; 5. Existing topography, including exiting streams and ditches, water bodies, structures, road, and vegetative cover of the site and on land adjacent to the site; 6. Proposed improvements of the site, proposed changes to the land surface and vegetative cover, and areas of cuts and fills; 7. All drainage provisions, including culvert piping, ditches, sediment basins, diversions, or other devices; 8. Vegetative and nonvegetative protection measures, including paving, riprap, and walls to be constructed in connection with the proposed work; 9. Facilities for erosion control during construction and during the life of the facility. 10. Description of Riparian Buffer Zones 11. Map legend clarifying symbols and abbreviations. 12. Applicable Parcel Number(s) of site 0) Application for amendment of an erosion control plan in written and/or graphic form may be made at any time under the same conditions as the original application. Until such time as said amendment is approved by the County of Pitt, the land- disturbing activity shall not proceed except in accordance with the erosion control plan as originally approved. (k) Any person engaged in land - disturbing activity who fails to file a plan in accordance with this article, or who conducts a land- disturbing activity except in accordance with provisions of an approved plan, shall be deemed in violation of this article. (Ord. Of 3- 15 -93, § 20; Ord. Of 7- 15 -96, § 20) (1) An erosion control plan shall expire three years following the date of approval, if no land - disturbing activity has been undertaken. Sec. 4 -130. Appeals (a) Except as provided in subsection (b) hereinbelow, the appeal of a disapproval or approval with modifications of a plan shall be governed by the following provisions: 1. The disapproval or modification of any proposed erosion control plan by the County of Pitt shall entitle the person submitting the plan to a public hearing if such person submits written demand to the County Manager for a hearing within 15 days after receipt of written notice of disapproval or modification. 2. Hearings held pursuant to this section shall be conducted by the Pitt County Board of Commissioners at their next regularly scheduled meeting after the date of the appeal or request for a hearing. 3. The Pitt County Board of Commissioners will render their final decision on any erosion control plan upon which a hearing is requested within 30 days of receipt of the recommendations from the agency conducting the hearing. 4. If the Board of Commissioners upholds the disapproval or modification of a proposed soil erosion and sedimentation control plan following the hearing, the person submitting the plan shall then be entitled to appeal the local government's decision to the North Carolina Sedimentation Control Commission as provided in Section 113A-61(C) of the General Statutes and Title 15A NCAC 4B .0018(d). - (b) In the event that an erosion control plan is disapproved pursuant to Section 4 -129 (h) of this Ordinance, the County of Pitt shall notify the Director of the Division of Land Resources of such disapproval within 10 days. The County of Pitt shall advise the applicant and the Director in writing as to the specific reasons that the plan was disapproved. The applicant may appeal the County of Pitt disapproval of the plan pursuant to Section 4 -129 (h) of this Ordinance directly to the Commission. (Ord. Of 3- 15 -93, § 21; Ord. Of 7- 15 -96, § 21) Sec. 4 -131. Inspections and Investigations (a) Agents, officials, or other qualified persons authorized by the County of Pitt will periodically inspect the sites of land- disturbing activities. to ensure compliance with the Act, this article, or rules or orders adopted or issued pursuant to this article, and to determine whether the measures required in the plan are effective in controlling erosion and sediment resulting from land - disturbing activity. Notice of the right to inspect shall be included in the certificate of approval of each erosion control plan. (b) No person shall willfully resist, delay, or obstruct an authorized representative, employee, or agent of the County of Pitt, while that person is inspecting or attempting to inspect a land - disturbing activity under this section. (c) If, it is determined that a person engaged in land- disturbing activity has failed to comply with the Act, this Ordinance, or rules, or orders adopted or issued pursuant to this Ordinance, a notice of violation shall be served upon that person. The notice may be served by any means authorized under GS 1A-1, Rule 4. The notice shall specify a date by which the person must comply with the Act, or this article; or rules, or orders adopted pursuant to this article. However, no time period for compliance need be given for failure to submit an erosion control plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties. Any person who fads to comply within the time specified is subject to the civil and criminal penalties provided in this article. (d) The County of Pitt shall also have the power to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this article and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the site or any land disturbing activities. (e) The County of Pitt shall also have the power to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land- disturbing activities. (Ord. Of 3- 15 -93, § 22; Ord. Of 7- 15 -96, § 22) Sec. 4132. Penalties (a) Civil Penalties 1. Any person who violates any of the provisions of this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance, or who initiates or continues a land- disturbing activity for which an erosion control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, is subject to a civil penalty. The maximum civil penalty for a violation, other than a violation of a stop -work order issued under G.S. 113A-65.1, is five thousand dollars ($5000.00). The maximum civil penalty for a violation of a stop -work order is five thousand dollars ($5,000.00). No penalty shall be assessed until the person alleged to be in violation has been notified of the violation sec 4131 -(c) article. If, after the allotted time period has expired, the :violator has not completed corrective action, a civil penalty may be assessed from the first day the violation is detected. However, no time period for compliance need be given for or for obstructing, hampering or. interfering with an authorized representative while in the process of carrying out his official duties. Each day of continuing violation shall constitute a separate violation. 2. The Technical Review Committee (TRC) shall determine the amount of the civil penalty to be assessed under this subsection and shall notify the person who is assessed the civil penalty of the amount of the penalty and the reason for .assessing the penalty. In determining the amount of the penalty, the committee shall consider the following criteria: a. Severity of the Violation, b. Degree and extent of harm, c. Type of violation, d. Duration, e. Cause, f. Extent of any off -site damage which may have resulted, g. Effectiveness of action taken by violator, h. Adherence to plan submitted by violator, i. Effectiveness of plan submitted by violator, j. Cost of rectifying any damage, k. The violator's previous record in complying with the rules of the commission, 1. Estimated cost of installing and/ or maintaining corrective sediment control measures, m. Staff investigative costs The Notice of Assessment shall be served by any means authorized under section 4- 131(c), and shall direct the violator to either pay the assessment or contest the assessment, within 30 days after receipt of the notice of assessment, by written `demand for a hearing. A hearing on a civil penalty shall be conducted by the committee, within (30) days after the date of the written demand for the hearing. The agency conducting the hearing shall make its recommendation to the governing body of the County of Pitt, within (15) days after the date of the hearing. The governing body shall render its final decision on the civil penalty within (30) days of the receipt of the recommendation from the agency. Appeal from the final decision of the governing body shall be to the Superior Court of the county where the violation occurred, or the location of the violator's residence or principal place of business. 3_ Ifpayment is not received within 30 days after demand for payment is made, the County of Pitt may institute a civil action to recover the amount of the assessment. The civil action may be brought in the Superior Court of the county where the violation occurred, or the violator's residence or principal place of business is located. Such civil actions must be filed within three (3) years of the date the assessment was due. An assessment that is not contested is due when the violator is served with a notice of assessment. An assessment that is contested is due at the conclusion of the administrative and judicial review of the assessment. 4.Civi1 penalties collected pursuant to this article shall be credited to the general fund of the local government as nontax revenue. (b) Criminal Penalties. Any person who knowingly or willfully violates any provision of this article, or rule or order adopted or issued pursuant to this article, or who knowingly or willfully initiates or continues a ]anal- disturbing activity for which an erosion control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $5,000. (Ord. Of 3- 15 -93, § 23; Ord. Of 7- 15 -96, § 23) Sec. 4 -133. Injunctive Relief (a)Whenever the County of Pitt has reasonable cause to believe that any person is violating or threatening to violate this article or any rule or order adopted or issued pursuant to this article, or any term, condition, or provision of an approved erosion control plan, it may, either before or after the institution of any other action or proceeding authorized by this Ordinance, institute a civil action in the name of the County of Pitt for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the Superior Court of Pitt County." (b) Upon determination by a court that an alleged viola tion is occurring or is threatened, the court shall enter any order or judgment that is necessary to abate the violation to ensure that restoration is performed, or to prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to the proceedings from any civil or criminal penalty prescribed for violations of this article. Sec. 4 -134. Restoration of areas affected by failure to comply The County of Pitt, may require a person who engaged in a land- disturbing activity and failed to retain sediment generated by the activity, as required by G.S. 1 13A 57(3), to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by sedimentation. This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this article. (Ord. Of 7- 15 -96, § 25) Sees. 4- 135 --4-139. Reserved. Flat fee per disturbed acre ......................$2Q0.00 NOTES: (1) Disturbed acreage is that area which is to be cleared, graded, ditched, etc. mi a manner where the actual soil is disturbed. (2) A phase of development is defined as the area of a project which is graded in one continuous operation, under one contract, containing the improvements required for the approval of the same final plat or secured by the same financial guarantee. Plans submitted for a whole development but constructed in phases will require submission fees for each phase, payable prior to the construction of that phase. NORTH CAROLINA INTERLOCAL AGREEMENT PITT COUNTY BETWEEN TOWN OF WINTERVILLE AND PITT COUNTY -FLOOD DAMAGE PREVENTION ORDINANCE THIS AGREEMENT, made and entered into this the 13'' day of November 2001, by and between the Town of WINTERVILLE, a municipal corporation organized and existing pursuant to the laws of the State of North Carolina, Party of the First Part and hereinafter referred to as the TOWN and Pitt County, a political subdivision of the state of North Carolina established and operating pursuant to the laws of the State of North Carolina, Party of the Second Part and hereinafter referred to as the COUNTY; WITNESSETH. WHEREAS, the TOWN and the COUNTY, pursuant to the authority granted by the North Carolina General Statutes 160A -461, hereby covenant and agree as follows: 1. That the TOWN hereby contracts with the COUNTY to use the services of the Planning and Inspections Departments of the COUNTY to administer the TOWN'S Flood Damage Prevention Ordinance within the corporate limits and extra - territorial jurisdiction of the TOWN. 2. That-the COUNTY'S Flood Damage Prevention Ordinance and any amendments thereto are hereby adopted by the TOWN, through execution of this Interlocal Agreement, as well as by Resolution of the Town Board, and the same shall apply within the corporate limits and extra - territorial jurisdiction of the TOWN. 3. That the services of the Pitt County Planning and Inspections Departments shall be performed at no cost to the TOWN. However, should any claims arise, the TOWN agrees to indemnify and hold the COUNTY, its employees, agent and contractors harmless from any and all claims for liability, loss, WINTERVTT .I .R RooD DAMAGE PREVENTION ORDINANCE P.1 injury, damages to persons or property, costs or attorney's fees resulting from any action brought against Pitt County, its employees, agents, contractor and Commissioners arising as a result of these services performed on behalf of the TOWN that are the subject matter of this Agreement. 4. That all fees and charges associated with administering the Flood Damage Prevention Ordinance as adopted by the Board of County Commissioners, shall be collected by the COUNTY, shall be the sole property of the COUNTY, and no part hereof shall be payable to the TOWN. 5. That all development to take place within the TOWN's corporate limits or extra - territorial jurisdiction shall be subject to the rules and regulations set forth in the aforementioned Flood Damage Prevention Ordinance. No building permits shall be issued for any property until the flood zone is determined and the necessary building standards are met if the property is located within the one hundred (100) year floodplain. If the structure is to be constructed within the flood hazard area, preliminary and final elevation certificates will be required. 6. That the Pitt County Planning and Inspections Departments will use every effort to enforce the Flood Damage Prevention Ordinance, except that if any civil or criminal action becomes necessary, the TOWN shall bring any legal action as may be required to effectively enforce said Ordinance, upon written notice from the Pitt County Planning or Inspections Department of such violations. 7. That this Agreement shall continue until such time as either the TOWN or COUNTY resolves to discontinue the Agreement and presents six (6) months written notice to the other party of said termination or upon mutual agreement of both parties. 8. This Agreement may only be modified in writing and executed by both parties. 9. That the effective date of this Interlocal Agreement shall be January 1, 2002. WMERVILLE FLOOD DAMAGE PREVENTION ORDINANCE P.2 NORTH CAROLINA WINTERVILLE /PITT COUNTY INTERLOCAL AGREEMENT PITT COUNTY HAZARD NHTIGATION GRANT PROGRAM THIS AGREEMENT, made and entered into this the day of�o�eM�er , 1999, by and between the Town of Winterville, a municipal corporation organized and existing pursuant to the laws of the State of North Carolina, hereinafter referred to as the TOWN, and Pitt County, a political subdivision of the State of North Carolina established and operating pursuant to the laws of the State of North Carolina, hereinafter referred to as the COUNTY; WITNESSETH: WHEREAS, there are many dwellings in the extraterritorial jurisdiction of the TOWN subject to repetitive flood loss which ale. in need. of acquisition /demol tion/relocatiol�; WHEREAS, the TOWN proposed to undertake. a Federal Emergency Management Agency (hereinafter referred to as FEMA) financed rehabilitation activity that will include the repair and/or acquisition/demolition/relocation of storm - damaged housing units located within the extraterritorial jurisdiction of the TOWN; WHEREAS, FEMA requires the TOWN and the COUNTY to have an interlocal cooperation agreement since certain Hazard Mitigation Grant Program (hereinafter referred to as HMGP) activities being conducted by the TOWN will be located within the COUNTY and outside the corporate limits of the TOWN; and WHEREAS, Part 1 of Article 20 of Chapter 160A of the North Carolina General Statutes empowers the TOWN and the COUNTY to enter into an interlocal agreement in order to execute an undertaldng whereby a unit of local government exercises any power., function, public enterprise, right, privilege, or immunity either jointly with or on behalf of another unit of local Doc. #60607 v -1 P. 1 government; NOW, THEREFORE, for and in consideration of the mutual benefits, covenants, and promises contained herein, the parties hereto agree as follows: 1. P ose. The purpose of this Agreement is to enable the COUNTY to undertake FEMA funded activities in the TOWN and its extraterritorial jurisdiction outside the corporate limits of the TOWN. The COUNTY shall conduct these HMGP activities on behalf of the TOWN.and at its request. 2. Duration. The term of this Agreement shall be fora period of two (2) years commencing on the date first above written. This Agreement may be extended for an additional term upon mutual agreement of the parties. 3. Joint Agency. No joint agency will be needed to implement this Agreement. 4. Personne . The COUNTY will select and employ personnel to implement approved FEMA activities undertaken within the jurisdiction of the TOWN. 5. inancin : The COUNTY will draw down FEMA funds to pay for properly documented COUNTY expenses for HMGP- eligible activities on behalf of the TOWN. The TOWN will not be responsible for reimbursement to- the COUNTY for any expenses incurred by the COUNTY related to HGMP activities conducted pursuant to this Agreement. 6. Program Compliance. The COUNTY will assume responsibility for FEMA compliance related to the specific hazard mitigation activities conducted pursuant to this Agreement. Compliance issues related to specific COUNTY- sponsored hazard mitigation activities conducted on behalf of the TOWN include URA procurement, EEO, housing quality standards, FEMA. (Stafford Act) compliance on"activities partially funded with HMGP Doc. #60507 v -1 p. 2 funds, and NEPA/SEPA environmental compliance. The COUNTY will assume responsibility for general program compliance related to the hazard mitigation activities conducted pursuant to this Agreement. 'General program compliance issues: financial management, quarterly reporting, fair housing, Section 504, and audit compliance. 7. Ownership/Disposition of Real Property. Any real property acquired within the corporate limits of the TOWN will be titled in the name of the TOWN to be retained by it to be used and ultimately disposed of in accordance with applicable government regulations, with particular attention to the requirements of the Stafford Act and the preservation of open space in flood hazard areas. 8. Amendments. This Agreement may be amended only by mutual agreement of the parties. 9. Termination. This Agreement may be terminated by action of the governing body of either party; provided, however, this Agreement may not be terminated unilaterally by either party during the period of time the currently- approved HMGP program is being implemented. During implementation of this program, termination must be by mutual agreement of the parties in a manner satisfactory to the FEMA. IN TESTIMONY WHEREOF, the TOWN has.caused this Agreement to be executed as its act and deed by the Mayor, attested by the Town Clerk, and its seal to be hereunto affixed, all by the authority of its Town Council; and the COUNTY has caused this document to be executed by its Chairman, attested by the Clerk to the Board, and its seal to be hereunto affixed, all by the authority of its Board of Commissioners duly given; all as of the day and year first above written. TOWN OF WINTERVILLE By: L Doug Ja on, Mayor Doc. #60607 v -t P. 8 IN WITNESS WHEREOF, the Town of WINTERVILLE has caused this Agreement to be signed in its name by its Mayor attested by its Clerk, and its Official Seal to be hereunto affixed, and Pitt County has caused this Agreement to be signed in its name by the Chairman of the Board of Commissioners and attested by the Clerk of its Board and its Official Seal to be hereunto affixed, the day and year first above written. % %% OF W /ITT �.. 0 .• 'A •. i .' GORPORATF ; r owl TOWN OF ' UMERVELLE . • PITT COUNTY By. David Hammond, Chairman VONMRVILLE FLOOD DAMAGE PREvENnoN ORDINANCE P.3 - r ATTEST: �" S��. . • Susan Banks, Clerk to the Board AS TO oAnne Burgdorff, PIT LIM PRE -AUDIT CERTIFICATION This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Dl&tor Town of Winterville PRE-AUDIT CERT�CATION This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Melonie Bryan, finance Director Pitt County Doc. #60607 v -1 p. 4 ATTACHMENT F ATTACHMENT E STORMWATER ADVISORY COMMITTEE MEMBER INFORMATION NAME Ms. Tammy Atchison Mr. Scott Gardner Ms. Myriah Shewchuk Mr. Ronald Stephenson Mr. David Webb ADDRESS 464 Channel Drive, Winterville, NC 28590 564 Channel Drive, Winterville, NC 28590 150 Grandifloria Court, Winterville, NC 28590 144 Foxcroft Lane, Winterville, NC 28590 697 Tabard Road, Winterville, NC 28590 Stormwater Advisory Committee Charter The Town of Winterville, North Carolina A. There is hereby created a Stormwater Advisory Committee ( "Committee ") for the purpose of providing stormwater management policy guidance to the Town of Winterville. The Committee shall be comprised of five (5) members appointed by the Board of Alderman. The Committee should be composed of a cross section of local citizens and stakeholders representing neighborhood groups, professional organizations, industrial and commercial associations, environmental groups, builders associations, and others that the Town recognizes as having an interest in stormwater management issues. Of the members first appointed, one (1) shall hold office for the term of one (1) year, two (2) shall hold office for the term of two (2) years, and two (2) shall hold office for a term of three (3) years. Their successors shall be appointed for terms of three years from and after the expiration of the terms of their predecessors in office. If a vacancy shall occur otherwise than by expiration of a term, it shall be filled by the Mayor by appointment for the unexpired term subject to confirmation by the Board of Alderman. The Committee shall hold a regular meeting once a quarter, the date and time to be decided by the Committee at its first meeting. Other meetings will be held as necessary, with agreement by a majority of the Committee. B. The purpose and duties of the Committee shall be: 1. To provide an exchange of information between the public and Town officials on flooding and stormwater drainage concerns . 2. To provide input on stormwater services policy development 3. To assist in prioritizing capital improvement projects 4. To recommend from time to time to the Town polices for establishing new kinds of stormwater drainage service, preserving and expanding service and making changes in service for the benefit of the public 5. To review and recommend a Maintenance Program 6. To review and recommend the appropriate level of funding to support on -going stormwater programs 7. To assist in the development of a stormwater ordinance WINTERVILLE NC PHASE II STORMWATER PERMIT PERMIT NO.: NCS000507 SUBMITTED: 01 -25 -2011 EFFECTIVE DATE: 12 -01 -2011 EXPIRATION DATE; 11-30-2016 COUNTY PITT ADMINSTRATIVE REGION: WASHINGTON 3ASIN NAME: NEUSE �. tate of North Carolina :apartment of Environment & Natural Resources ;ivision of Water Quality OFFIC USE ONLY Date Recd Fee Paid Permit Number NPDES STORMWATER PERMIT APPLICATION FORM This application form is for use by public bodies seeking NPDES sormwater permit coverage for Regulated Public Entities (RPE) pursuant to Tale 15A North Carolina Administrative Code 2H .0126. A complete application package includes this form and three copies of the narrative documentation required in Section X of this form. This application form, completed in accordance with Instructions for comp! %ing NPDES Small M54 Stormwater Permit Application (SWU -270) and the accompanying narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive Stormwater Management Pmoram Report (SWU 268) are both required for the application package to be considered a complete application submittal. Incomplete application submittals may be returned to the applicant. I. APPLICANT STATUS INFORMATION ❑ New Application ® Renewal (Permit No. NCS000507 ) a. Name of Public Entity TOWN OF WINTERVILLE b. Seeking Permit Coverage Neuse River c. b. Ownership Status (federal, LOCAL 1%r--- UU area containing the following four land use activities: state or local) Residential 58% c. Type of Public Entity (city; TOWN SAN 2 2010 Industrial town, county, prison, school, • Open Space j$% g etc. Total = 100% d. Federal Standard Industrial SIC 91— 97 wa pride & ��� Bra Classification Code e. County(s) PITT f. Jurisdictional Area (square 4.51 sm TOWN LIMITS miles) 6.25 sm ETJ TOTAL 10.76 sm g. Population Permanent 8946 year 2009 per State Seasonal (if available) N/A h. Ten -year Growth Rate 135% Based on the population in 1999 (3,801) and the populatio in 2009 (8,949) L Located on Indian Lands? ❑ Yes 0 N II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area (square miles 4.51 sm b. River Basin(s) Neuse River c. Number of Primary Receiving Streams Two — Swift Creek including Nobel Canal and Fork Swamp d. Estimated percentage of jurisdictional area containing the following four land use activities: • Residential 58% • Commercial 22916 • Industrial 51 • Open Space j$% g Total = 100% e. Are there significant water quality issues listed in the attached applica tion report? ❑ Yes ® No Page 1 SWU- 264 - 103102 State of North Carolina _. Department of Environment & Natural Resources Division of Water Quality OFFIC USE ONLY Date Recd Fee Paid Permit Number NPDES STORMWATER PERMIT APPLICATION FORM This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application package includes this form and three copies of the narrative documentation required in Section X of this form. This application form, completed in accordance with Instructions for comp /ebng NPDES Small M54 Stormwater PermitAppiication (SWU -270) and the accompanying narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU 268) are both required for the application package to be considered a complete application submittal. Incomplete application submittals may be returned to the applicant. I. APPLICANT STATUS INFORMATION ❑ New Application ® Renewal (Permit No. NCS000507 ) a. Name of Public Entity TOWN OF WINTERVILLE b. Seeking Permit Coverage Neuse River b. Ownership Status (federal, LOCAL d. state or local area containing the following four land use activities: c. Type of Public Entity (city, TOWN • town, county, prison, school, 22% • etc. 5910, d. Federal Standard Industrial SIC 91— 97 Classification Code 100% e. County(s) PITT f. Jurisdictional Area (square 4.51 sm TOWN LIMITS miles) 6.25 sm ETJ TOTAL 10.76 sm g. Population Permanent 8946 year 2009 per State Seasonal (if available) NIA h. Ten -year Growth Rate 135% Based on the population in 1999 (3,801) and the populatio in 2009 (8,949 i. Located on Indian Lands? ❑ Yes ® No II. RPE / MS4 SYSTEM INFORMATION a, Storm Sewer Service Area (square miles 4.51 sm b. River Basin(s) Neuse River c. Number of Primary Receiving Streams Two — Swift Creek including Nobel Canal and Fork Swamp d. Estimated percentacie of juris dictional area containing the following four land use activities: • Residential 58% • Commercial 22% • Industrial 5910, • Open Space 1596 Total = 100% e. Are there significant water quality issues listed in the attached application report? ❑ Yes ® No Page 1 SWU- 264 - 103102 NPDES RPE Stormwater Permit Application III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ® Yes ❑ No b. Local Water Supply Watershed Program ® Yes ❑ No c. Delegated Erosion and Sediment Control Program ® Yes ❑ No d. CAMA Land Use Plan ❑ Yes ® No N/A IV. CO- PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co- permitting) a. Do you intend to co- permit with ❑ Yes ® No a permitted Phase I entity? ® Yes ❑ No b. If so, provide the name and permit number of that entity: • Name of Phase I MS4 N/A • NPDES Permit Number N/A c. Do you intend to co- permit ❑ Yes ® No with another Phase II entity? erosion & Sedentation ordiance d. If so, provide the name(s) of N/A the entity: 1717 W. 5"' Street (Pitt County Plannong) e. Have legal agreements been Greenville NC finalized between the co- ❑ Yes ® No N/A ermittees? ® Yes ❑ No V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS (If more than one, attach additional sheets) a. Do you intend that another N/A entity perform one or more of ® Yes ❑ No our permit obligations? N/A b. If yes, identify each entity and the element they will be implementing • Name of Entity County of Pitt • Element they will implement Hazard mitigation ordinance, Flood damage prevention ordinance and Soil erosion & Sedentation ordiance • Contact Person Mr. Jonas Hill • Contact Address 1717 W. 5"' Street (Pitt County Plannong) Greenville NC • Contact Telephone Number 252- 902 -3279 c. Are legal agreements in place ® Yes ❑ No to establish responsibilities? V.T. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. a. Name of person to which permit authority N/A has been delegated b. Title /position of person above N/A c. Documentation of board action delegating permit authority to this person /position must be provided in the attached application report. N/A Page 2 SWU -264- 103102 NPDES RPE Stormwater Permit Application VII. SIGNING OFFICIAL'S STATEMENT Please see the application instructions to determine who has signatory authority for this permit application. If authority for the NPDES stormwater permit has been appropriately delegated through board action and documented in this permit application, the person /position listed in Section VI above may sign the official statement below. I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations Signature ��"+- Name Mr. William P. Whisnant Title Town Manager Street Address 2571 Railroad Street PO Box PO Box 1459 City Winterville State NC Zip 28590 Telephone 252 -756 -2221 Fax 252 - 321 -8455 E -Mail Bill.whisnant @wintervillenc.com VIII. MS4 CONTACT INFORMATION Provide the following information for the person /position that will be responsible for day to day implementation and oversight of the stormwater program. a. Name of Contact Person John Woods b. Title Public Works Director c. Street Address 2936 Church Street d. PO Box PO Box 1459 e. City Winterville f. State NC g. Zip 28590 h. Telephone Number 252- 756 -3045 ext. 4203 1. Fax Number 252 -756 -6526 j. E -Mail Address John.woods @wintervillenc.com Page 3 SWU- 264 - 103102 NPDES RPE Stormwater Permit Application IX. PERMITS AND CONSTRUCTION APPROVALS List permits or construction approvals received or applied for under the following programs. Include contact name if different than the person listed in Item VIII. If further space needed, attach additional sheets. a. RCRA Hazardous Waste N/A Management Program N/A b. UIC program under SDWA c. NPDES Wastewater Discharge Permit # NC0032077, held by Contentnea Metropolitan Sewage District Permit Number d. Prevention of Significant N/A Deterioration (PSD) Program N/A e. Non Attainment Program f. National Emission Standards for N/A Hazardous Pollutants (NESHAPS) reconstruction approval g. Ocean dumping permits under the N/A Marine Protection Research and Sanctuaries Act h. Dredge or fill permits under N/A section 404 of CWA X. NARRATIVE APPLICATION SUPPLEMENT - STORMWATER MANAGEMENT PROGRAM REPORT Attach three copies of the Stormwater Management Program Report for the five -year permit term. The Stormwater Management Program Report shall be assembled in the order and formatted in accordance with the Table of Contents shown below, bound with tabs identifying each section by name, and include a Table of Contents with page numbers for each entry. The required narrative information for each section is provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU -268). TABLE OF CONTENTS 1. STORM SEWER SYSTEM INFORMATION 1.1. Population Served 1.2. Growth Rate 1.3. Jurisdictional and MS4 Service Areas 1.4. MS4 Conveyance System I.S. Land Use Composition Estimates 1.6. TMDL Identification 2. RECEIVING STREAMS Page 4 SWU - 264 - 103102 NPDES RPE Stormwater Permit Application 3. EXISTING WATER QUALITY PROGRAMS 3.1. Local Programs 3.2. State programs 4. PERMITTING INFORMATION 4.1. Responsible Party Contact List 4.2. Organizational Chart 4.3. Signing Official 4.4. Duly Authorized Representative 5. CO- PERMITTING INFORMATION (IF APPLICABLE) 5.1. Co- Permittees 5.2. Legal Agreements 5.3. Responsible Parties 6. RELIANCE ON OTHER GOVERNMENT ENTITY 6.1. Name of Entity 6.2. Measure Implemented 6.3. Contact Information 6.4. Legal Agreements 7. STORMWATER MANAGEMENT PROGRAM 7.1. Public Education and Outreach on Storm Water Impacts 7.2. Public Involvement and Participation 7.3. Illicit Discharge Detection and Elimination 7.4. Construction Site Stormwater Runoff Control 7.5. Post - Construction Storm Water Management in New Development and Redevelopment 7.6. Pollution Prevention /Good Housekeeping for Municipal Operations Page 5 SWU- 264 - 103102 ATTACHMENT A Table of Contents 1. Storm Sewer System Information pg. 1 1.1 Population Served 1.2 Growth Rate 1.3 Jurisdictional and MS4 Service Area (Attachment A) 1.4 MS4 Conveyance System 1.5 Land Use Composition Estimates 1.6 TMDL Indentification 2. Receiving Streams (Attachment 8) pg. 2 3. Existing Water Quality Programs pg. 2 3.1 Local Programs 3.2 State Programs 4. Permitting Information pg. 2 -3 4.1 Responsible Party Contact List 4.2 Organizational Chart (Attachment C) 4.3 Signing Official 4.4 Duly Authorized Representative 5. Co- Permitting Information - N/A pg. 3 6. Reliance on other government entity to satisfy one or more permit pg. 3 obligations 6.1 Name of the entity 6.2 Element to be implemented 6.3 Contact Information for the Responsible Party 6.4 Legal agreement (Att achment D) 7. Stormwater Management Program pg 3 -6 7.1 Public Education and Outreach on Storm Water impacts 7.2 Public Involvement and Participation (Attachment E) 7.3 Illicit Discharge Detection and Elimination 7.4 Construction Site Stormwater Runoff Control (Attachment 1=) 7.5 Post Construction Storm Water Management in New Development and Redevelopment (Attachment G) 7.6 Pollution Prevention /Good Housekeeping for Municipal Operations 8. Impaired Waters - None pg. 6 TOWN OF WINTERVILLE STORMWATER MANAGEMENT PROGRAM REPORT NARRATIVE APPLICATION SUPPLEMENT 1. STORM SEWER SYSTEM INFORMATION 1.1 Population Served: The Town of Winterville has a permanent population of 8,949 as established by the most recent census 1.2 Growth Rate: The Town's population growth rate for the past 10 years is 135 %. The population in 1999 was 3,801 and in 2009 it was 8,949. 1.3 Jurisdictional and MS4 Service Area: The Town limits plus the ETJ (Attachment A) are the jurisdictional and MS4 service area which is a total of 10.76 square miles (Town = 4.51 and ETJ 6.25). 1.4 MS4 Conveyance System: The Town of Winterville lies on a relatively flat plateau between two streams (Fork Swamp and Swift Creek) that flow to Contentnea Creek and than to the Neuse River. A railroad runs thru the center of the town running north to south. To the east is Fork Swamp and to the west is Swift Creek. Both of these are within the Drainage District. The ditch and storm water piping systems convey water from the curb and guttered streets to these two systems. There are two railroad drainage pipe systems that lead water to the west with the remaining stormwater east of the railroad going eastward. The maintenance of the system is considered good. Catch basins are routinely cleaned on a monthly basis and stormwater piping is cleaned annually. Much attention has been given over the past five years to cleaning, repairing, replacing and adding stormwater infrastructure. Street flooding has been greatly reduced. 1.5 Land Use Composition Estimates: It is estimated that the Residential Area of the Town Limits of Winterville composes approximately 58% of the total area. The Commercial Area is 22 %, the Industrial Area is 5% and the Open Space Area is15% 1.6 TMDL Identification: To the best of our knowledge no Total Maximum Daily Load Allocation has been assigned to the body of receiving stream waters into which our stormwater drains. We understand that our MS4 does not discharge into such a controlled body of water or receiving stream. 2. Receiving Streams (Attachment B) Neuse River Basin Receiving Stream name Stream Segment Water Quality Classification Use Support Rating Water Quality Issues 303(d) List Swift Creek 27- 97 -(0.5 ) C; Sw, NSW N/A None N/A Nobel Canal 27 -97 -2 C; NSW N/A None N/A Fork Swam 27 -97-4 C; Sw, NSW N/a None N/A 3. Existing Water Quality Programs 3.1 Local Programs: The Town of Winterville has contracted with the County of Pitt to administer the water quality programs as follows: 3.1.1 Hazard Mitigation Ordinance 3.1.2 Flood Damage Prevention Ordinance 3.1.3 Soil Erosion & Sedimentation The County of Pitt also provides Building Inspection services to the Town. See Below for additional information as to the Town's reliance on other government entities. 3.2 State Programs: Other programs that are administered by the State of North Carolina in our jurisdiction include: 3.2.1 State Stormwater Management 3.2.2 Erosion and Sedimentation Control 3.2.3 Riparian Buffers 3.2.4 Water and Sewer Regulations 4. Permitting Information 4.1 Responsible Party Contact List: 4.1.1 The responsible party for measurable goals is: Mr. William P. Whisnant Town Manager 2571 Railroad Street PO Box 1459 Winterville, NC 28590 Phone — (252) 756 -2221 Fax — (252) 3218455 Email — bill.whisnant @wintervillenc.com 2 4.2 Organizational Chart: A copy of the Town's Organizational Chart is enclosed as Attachment C 4.3 Signing Official: The Town Manager, Mr. William P. Whisnant is the signing official 4.4 Duly Authorized Representative: There is no other Duly Authorized Representative. Mr. John C. Woods is the MS4 Contact Person: Mr. John C. Woods Public Works Director 2936 Church Street PO Box 1459 Winterville, NC 28590 Phone — (252) 756 -3045 ext. 4203 Fax — (252) 756 -6526 Email —john.woods@wintervillenc.com 5. Co- Permitting Information — N/A 6. Reliance on other government entity to satisfy one or more permit obligations 6.1 Name of the entity — County of Pitt 6.2 Element to be implemented — Construction Site Runoff Controls 6.3 Contact Information for the Responsible Party — Mr. Jonas Hill, 1717 West 5th Street, Greenville, NC, Phone — (252) 902 -3279 6.4 Legal agreement — See Attachment D for Legal agreement with Pitt County 7. Stormwater Management Program 7.1 Public Education and Outreach on Storm Water Impacts The Stormwater Advisory Committee has sponsored projects such as stormwater drain labeling and an information booth at the Town's annual Water Mellon Festival. In addition, the Public Works Director has made many presentations to local schools, civic organizations and churches. Information is also included in the Town Manager's Monthly News Letter. 3 7.2 Public Involvement and Participation The Town has an active five member Stormwater Advisory Committee (Attachment E) that meets every quarter to review and consider matters related to the Town's Stormwater Management Program. The Stormwater Advisory Committee has sponsored activities such as Stormwater Drain Labeling and Drainage Canal Clean -up days. 7.3 Illicit Discharge Detection and Elimination The Town Ordinances provide for misdemeanor charges to be brought against persons that cause illicit discharges. The Public Works Department aggressively looks for such discharges. Upon finding them, if the discharge is not considered serious, advises the person involved to correct the situation. If the situation is not corrected, the Police Department is notified to investigate and take enforcement action. 7.4 Construction Site Stormwater Runoff Control The Town has adopted Pitt County's Soil Erosion and Sedimentation Ordinance and has contracted with the county for enforcement. See Attachment F 7.5 Post Construction Storm Water Management in New Development and Redevelopment The Town Board of Aldermen has adopted a Stormwater Control Ordinance for all developments, both residential and commercial that includes a requirement for stormwater detention at the 10 -yesr rainfall intensity basis. See Attachment G 7.6 Pollution Prevention /Good Housekeeping for Municipal Operations 7.6.1 BMP Summary Table 7.6.2 To the best of our knowledge the Town does not own , or operate any industrial facilities that are subject to NPDES STORM WATER General Permits or individual NPDES permits for discharges of stormwater associated with industrial activity that ultimately discharge into our MS4. 12 7.6.3 Our employees have and will continue to be instructed in monthly meetings concerning the prevention and reduction of stormwater pollution from activities such as park and open space maintenance, building maintenance, new construction and land disturbances, and stormwater system maintenance. Training materials include Town Ordinances and proper maintenance techniques at employee meetings. The Stormwater Advisory Committee is advised of the activities of the employee training. 7.6.4 Maintenance and Inspections Monthly the catch basins throughout the Town are inspected and cleaned using the newly procured Jet/Vac Truck system. The ditches and pipe systems of the Town are inspected semi - annually. The ditch vegetation is cut twice a year. 7.6.5 Vehicular Operations The Town Street and Town Parking are swept using a street sweeper weekly. The Town has no waste transfer stations. There are no salt storage locations and np snow disposal areas. Vehicle Maintenance is performed by contract services at the contractor's premises. 7.6.6 Waste Disposal The Town personnel take all waste, that is not reusable dirt, to the County Waste site. The town contracts for residential garbage disposal. Commercial Facilities must separately contract for Waste Disposal Services. 7.6.7 Flood Management Projects The Town's Flood Prevention Ordinance (see Attachment) requires flood preventative measures to restrict construction in A flood zones and in Flood Ways. 7.6.8 Existing Ordinances Existing Ordinances are reviewed on an annual basis by the Stormwater Advisory Committee, Public Works Director and Town Engineer for possible modification to address Stormwater issues. 5 7.6.9 Other Evaluations No other evaluations are being done at this time 7.6.10 Decision Process The decision process for the development of a pollution prevention /good housekeeping program for the town municipal operations will be under auspice of the Town Manager. After approval of the overall pollution prevention /good housekeeping program by the Town Board of Aldermen the implementation will be done by the Town Manager. The responsible person for the program is: Mr. William P. Whisnant Town Manager 2571 Railroad Street PO Box 1459 Winterville, NC 28590 Phone — (252) 756 -2221 Fax — (252) 321 -8455 Email — bill .whisnant(aD-wintervillenc.com 7.6.11 Evaluation Each year at the Town Board of Aldermen Planning Session in February and evaluation is made of the success of the measurable goals. 8. Impaired Waters — None 0 ATTACHMENT 3 DRAFT STORM WATER PERMIT WINTERVILLE NC PHASE II STORMWATER PERMIT PERMIT NO.: NCS000507 SUBMITTED: 01 -25 -2011 EFFECTIVE DATE: 12 -01 -2011 EXPIRATION DATE; 11 -30 -2016 COUNTY PITT ADMINSTRATIVE REGION: WASHINGTON BASIN NAME: NEUSE DRAFT PERMIT NO. NCS00507 ATTACHED INFORMATION FROM MR. BILL DIUGUID NC DIVISION OF WATER QUALITY PHONE NO. 919 - 807 -6369 INDICATED THAT THE PERMIT WAS ADVERTISED AND EPA APPROVAL WAS EXPECTED. STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS000507 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the North Carolina. Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Town of Winterville is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the town of Winterville Jurisdictional Area Pitt County to receiving waters, Swift Creek, Fork Swamp; Nobel Canal, within the Neuse River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts L II, III, IV, V, VI, VII and VIII hereof. This permit shall become effective Month Day, Year. This permit and the authorization to discharge shall expire at midnight on Month Day, Year. Signed this day Month Day, Year. for Coleen H. Sullins, Director Division of Water Quality By the Authority of the Environmental Management Commission PERMIT NO. NCS000507 TABLE OF CONTENTS PART I PERMIT COVERAGE PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION' SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS SECTION F: POST - CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS SECTION H: IMPAIRED WATERS SECTION I: TOTAL MAXIMUM DAILY LOADS (TMDLS) PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: MONITORING AND RECORDS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS i PERMIT NO. NCS000507 PART I PERMIT COVERAGE 1. During the period beginning on the effective date of the permit and lasting until expiration, the Town of Winterville is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Swift Creek, Fork Swamp, Nobel Canal, within the Neuse River Basin. Such discharge will be controlled, limited and monitored in accordance with the permittee's Stormwater Quality Management Program, herein referred to as the Stormwater Plan. The Stormwater Plan shall detail the permittee's stormwater management program for the five -year term of the stormwater permit including, for each of the. measures identified in the permit, a narrative description of the program, a table that:identifes each best management practice (BMP) used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, funding and the responsible person or position 'for implementation. 2. All discharges authorized herein shall be managed in accordance with the terms and conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non- stormwater discharge or is covered by another permit, authorization, or approval. 3. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. 4. This permit covers activities associated with the discharge of stormwater from the MS4 owned and operated by the permittee. The permit applies to jurisdictional areas of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with permittee. Agreements for coverage under this permit shall be approved by the Division of Water Quality, herein referred to as the Division. 5. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the permittee may petition the Division to revoke or deny coverage under this permit for speck entities. 6. All provisions contained and referenced in the Stormwater Plan along with all provisions and approved modifications of the Stormwater Plan are incorporated by reference and are enforceable parts of this permit. 7. The permittee shall implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the Director, and the provisions of this permit. The specific requirements of section 402(p)(3)(B) of the Clean Water Act require that the permittee effectively prohibit non- stormwater discharges to the permittee's MS4 and that controls and management measures are implemented by the permittee to reduce the discharge of pollutants from the municipal storm sewer system to the maximum extent practical. 8. The permit requires the proper implementation of the Stormwater Plan. The purpose of the Stormwater Plan is the means by which the permittee will describe how it is in compliance with the permit. Compliance with the six minimum measures in 40 CFR § 122.34(b) and the additional provisions of Session Law 2006 -246 constitute compliance with the requirements of this permit, the Clean Water Act and Session Law 2006 -246 to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Implementation of best Part I Page 1 of 2 PERMIT NO. NCS000507 management practices consistent with the provisions of the Stormwater Plan constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. 9. The permit authorizes the point source discharge of stormwater runoff from the MS4. In addition, discharges of non - stormwater are also authorized through the MS4 of the permittee if such discharges are: (a) Permitted by, and in compliance with, another permit, authorization, or approval, including discharges of process and non - process wastewater, and stormwater associated with industrial activity; or (b) Determined to be incidental non - stormwater flows that do not significantly impact water quality and may include: • water line and fire hydrant flushing; • landscape irrigation; • diverted stream flows; • rising groundwaters; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from uncontaminated., potable water sources; • foundation drains; • air conditioning condensate (commercial/residential); • irrigation waters;. • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from emergency fire fighting. The Division may require that non - stormwater flows of this type be controlled by the permittee's Stormwater Plan. 10. Unless otherwise stated, full compliance with the requirements of the permit is expected upon the effective date of the permit. Part I Page 2 of 2 PERMIT NO. NCS000507 PART H FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION The permittee will implement, manage and oversee all provisions of its Stormwater Plan to control to the maximum extent practical the discharge of pollutants from its municipal storm sewer system associated with stormwater runoff and illicit discharges, including spills and illegal dumping. The overall program implementation, however, will be subject to, at a minimum, annual review by the Division to determine implementation status and progression toward meeting the pollutant control intent of the Stormwater Plan. This includes, but is not limited to, the following areas: 1. The permittee will develop and maintain adequate legal mechamsm,`such as regulations, ordinances, policies and procedures to implement all provisions of the Stor' water Plan. The Division will be notified of major modifications of these authorities, the reasons and justifications for these changes. The Division may comment on these modifications as deemed necessary to assure appropriate implementation of the Stormwater Plan. 2. The permittee shall conduct an annual analysis of the capital, and operation and maintenance expenditures needed, allocated, and spent as well as the necessary staff resources needed and allocated to meet the requirements of this permit, including any implementation and enforcement activities required. The analysis shall include estimated expenditures for the reporting period, the preceding period, and the next reporting period and be submitted with the annual report. Each analysis shall include a description;of the source of funds that are proposed to meet the necessary expenditures, including legal restrictions on, the use of such funds. 3. The permittees will maintain adequate'-funding and staffing to implement and manage the provisions of the Stormwater Plan and meet all requirements of this permit. The Stormwater Plan shall identify a specific position(s) responsible for the overall coordination, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position(s) assignments provided. 4. The permittee will implement provisions of the Stormwater Plan and assess the performance and effectiveness of the program components. Results will be used by the permittee to modify the program components as necessary to accomplish the intent of the Stormwater Program. 5. The permittee is required to keep the Stormwater Plan up to date during the term of the permit. Where the permittee determines that modifications are needed to address any procedural, protocol, or programmatic change, such changes shall be made as soon as practicable, but not later than 90 days, unless an extension is approved by the Division. Major modifications the Stormwater Plan shall be submitted to the Director for approval. The permittee is required to make available its Stormwater Plan to the Division upon request. At a minimum, the permittee shall include ordinances, or other regulatory mechanisms or a list identifying the ordinances, or other regulatory mechanisms providing the legal authority necessary to implement and enforce the requirements of the permit. The Division will review reports submitted by the Permittee to assure that the Stormwater Plan is implemented appropriately to address the requirements of the permit. The Division may require modifications to any part of the Permittee`s Stormwater Plan where deficiencies are found. If modifications to the Stormwater Plan are necessary then the Division will notify the permittee of the need to modify the Stormwater Plan to be consistent with the permit and will establish a deadline to finalize such changes to the program. Part H Page 1 of 19 6. PERMIT NO. NCS000507 Pursuant to 40 CFR 122.35, an operator of a regulated small MS4 may share the responsibility to implement the minimum control measures with other entities provided: a. The other entity, in fact, implements the control measure; b. The particular control measure, or component thereof, is at least as stringent as the corresponding NPDES permit requirement; and C. The other entity agrees to implement the control measure on behalf of the MS4. The permittee remains responsible for compliance if the other entity fails to perform the permit obligation and may be subject to enforcement action if neither the permittee nor the other entity fully performs the permit obligation. Part H Page 2 of 19 PERMIT NO. NCS000507 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach Distribute educational materials to the community or conduct equivalent outreach activities about the impacts of storm water discharges on water bodies and the steps that the public can take to reduce pollutants in storm water runoff. 2. BMPs for Public Education and Outreach The permittee shall implement the following BMPs to meet the objectives of the Public Education and Outreach Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals a. Goals and Objectives Defined goals and objectives- ofthe Local Public Education and Outreach Program based on at least - three high priority community wide issues. b. Identify target pollutants and/or The permittee shall maintain a description of the target stressors pollutants and/or stressors and likely sources. c. Identify target audiences The permittee, shall identify, assess annually and update as necessary I target audiences likely to have significant storm water impacts and why they were selected. d. Identify residential and The permittee shall identify and describe issues, such as specific industrial/commercial issues pollutants, the sources of those pollutants, impacts on biology, and the physical attributes of stormwater runoff, in their education/outreach program. A minimum of three residential and three industrial/commercial issues should be targeted as part of the education/outreach program. e. Identify and describe Where applicable, the education/outreach program shall identify watersheds in need of protection and describe watersheds in need of protection and the issues that and the issues that may threaten may threaten the quality of these waters. the quality of these waters f. Informational Web Site The permittee shall promote and maintain, assess and update as necessary an internet web site. g. Distribute public education The permittee shall distribute, assess and update as necessary materials to identified target stormwater educational material to appropriate target groups in audiences and user groups. For such a way that is designed to convey the program's message to example, schools, homeowners, the target audience each year. Instead of developing its own and/or businesses. materials, the permittee may rely on Public Education and Outreach materials supplied by the state, and/or other entities through a cooperative agreement, as available, when implementing its own program. Part 11 Page 3 of 19 PERMIT NO. NCS000507 BMP Measurable Goals h. Maintain Hotline/Help line The permittee shall promote and maintain a stormwater hotline/helpline. The permittee may utilize an existing hotline/helpline so long as it also promotes stormwater concerns or may train staff to transfer calls to the stormwater administrator. i. Implement a Public Education The permittee's outreach program, including those elements and Outreach Program. implemented locally or through a cooperative agreement, shall include a combination of approaches that; are most effective at reaching the identified target audiences, based on data and information collected by the permittee. For each media, event or activity, including those elements implemented locally or through a cooperative agreement measure and record the extent of exposure. j. Evaluate program effectiveness The permittee shall assess its stormwater education/outreach program and update as necessary: Part 11 Page 4 of 19 PERMIT NO. NCS000507 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation Comply with State and local public notice requirements when implementing a public involvement and participation program. 2. BMPs for Public Involvement and Participation The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division,prior to modification of any gam• BMP Measurable Goals a. Allow the public an opportunity The permittee shall conduct.at Ida stone public meeting during to review and comment on the the term of the permit to.allow the;public an opportunity to Stormwater Plan review and comment on the'Stormwater Plan. b. Volunteer community The permittee shall include and promote volunteer opportunities involvement program as part of its stormwater program designed to promote ongoing citizen participation. c. Mechanism for Public The permittee; shall provide and promote a mechanism for public involvement involvement that provides for input on stormwater issues and the stormwater. program. The permittee may establish a stand -alone group or utilize an existing group or processes. d. HodinelHelp line The permittee shall promote and maintain a hotlinelhelpline. The permittee may utilize an existing hodinelhelpline so long as it also promotes stormwater concerns or may train staff to transfer calls to the stormwater administrator. Part II Page 5 of 19 PERMIT NO. NCS000507 SECTION D: ILLICIT DISCHARGE DETECTION AND ELEVIINATION (IDDE) 1. Objectives for Illicit Discharge Detection and Elimination a. Implement and enforce a program to detect and eliminate illicit discharges into your small MS4. b. Maintain a storm sewer system map, showing the location of all major outfalls and the names and location of all waters of the United States that receive discharges from those outfalls; C. Effectively prohibit, through ordinance, or other regulatory mechanism, non -storm water discharges except as allowed in this permit into your storm, sewer system and implement appropriate enforcement procedures and actions; d. Implement a plan to detect and address non -storm water discharges,, including illegal dumping, to your system; e. Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste, and L Address the following categories of non -storm water- discharges or flows (i.e., illicit discharges) only if you identify them as significant contributors of pollutants to your small MS4: water line flushing, landscape; irrigation diverted stream flows, rising ground waters, uncontaminated ground water ;infiltration,.,uncontaminated pumped ground water, discharges from potable water sources; foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, 'flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the effective prohibition against non -storm water and need only beaddressed' where they are identified as significant sources of pollutants to waters of the United States). 2. BMPs for Illicit Discharge Detection and Elimination The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. `BMP ' , Measurable Goals:'% a. Maintain adequate legal authorities The permittee shall annually review and revise as necessary the permittee's IDDE ordinances or other regulatory mechanisms, or adopt any new ordinances or other regulatory mechanisms that provide the permittee with adequate legal authority to prohibit illicit connections and discharges and enforce the approved IDDE Program. b. Maintain a Storm Sewer System The permittee shall maintain, assess and update as necessary a Base Map of Major Outfalls. map identifying major outfalls. At a minimum, components include major outfalls and receiving streams, and type of conveyance system (i.e., either closed pipe or open drainage). For closed pipe systems identify the pipe material, shape, and size. Part 11 Page 6 of 19 PERMIT NO. NCS000507 Part 11 Page 7 of 19 c. Detect dry weather flows The permittee shall implement a program for conducting dry weather flow field observations in accordance with written field screening procedure for detecting and tracing the sources of illicit discharges and for removing the sources or reporting the sources to the State to be properly permitted. d. Investigations into the source of all The permittee shall maintain, assess annually and update as identified illicit discharges. necessary written procedures for conducting investigations into the source of all identified illicit discharges, including approaches to requiring such discharges to be eliminated. e. Track investigations and document The permittee shall track all investigations'and document the illicit discharges date(s) the illicit discharge was observed; the results of the investigation; any follow-u'! . of the investigation; and the date the investigation was closed. f. Employee Training The permittee shall implement and document a training program for appropriate municipal staff, who, as part of their normal job, esponsibilities, may come into contact with or otherwise observe an illicit discharge or illicit connection to the storm sewer system. The training program shall identify appropriate.`staff, the schedule for conducting the training and the proper procedures for reporting and responding to an illicit discharge'or connection. Follow -up training shall be provided as- needeii to address changes in procedures, techniques, or staffing. The permittee shall document and maintain records of the training provided and the staff trained. g. Provide Public Education The permittee shall inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. h. Public reporting mechanism The permittee shall promote, publicize, and facilitate a reporting mechanism for the public and staff to report illicit discharges and establish and implement citizen request response procedures. The permittee shall conduct reactive inspections in response to complaints and follow -up inspections as needed to ensure that corrective measures have been implemented by the responsible party to achieve and maintain compliance. i. Procedures to identify and report The permittee shall establish and implement, assess annually failed septic system. and update as necessary written procedures to identify and report to the County health department failed septic systems located within the permittee's planning jurisdiction. Part 11 Page 7 of 19 PERMIT NO. NCS000507 ,;:,BNIIs � � - _ Measma�le Gpals;> j. Procedures to identify and report The permittee shall establish and implement, assess annually sanitary sewer overflows. and update as necessary written procedures to identify and report sanitary sewer overflows and sewer leaks to the system operator. k. Enforcement The permittee shall implement a mechanism to track the issuance of notices of violation and enforcement actions. This mechanism shall include the ability to identify chronic violators for initiation of actions to reduce noncompliance. 1. Spill response procedure The permittee shall maintain; assess'.annually and update as necessary written spill/dumping response procedures. Part U Page 8 of 19 PERMIT NO. NCS000507 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS The permittee relies on the Pitt County Sediment and Erosion Control Program to comply with this minimum measure. The Pitt County Sediment and Erosion 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. This program is authorized under the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. 2. The NCG010000 permit establishes requirements for 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. 3. The permittee shall provide and promote a means for the public to.notify the appropriate authorities of observed erosion and sedimentation problems. 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 Part 11 Page 9 of 19 PERMIT NO. NCS000507 SECTION F: POST - CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post - Construction Site Runoff Controls a. Implement and enforce a program to address storm water runoff from new development and redevelopment projects, including public transportation maintained by the permittee, that 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 small MS4. The program shall ensure that controls are in place that would prevent or minimize water quality impacts. The program shall apply to private development sites and sites developed by the permittee, including public transportation maintained by the permittee. b. Implement strategies which include a combination of :structural and/or non - structural best management practices (BMPs) appropriate for the commanity; C. Use an ordinance or other regulatory mechanism to address post - construction runoff from new development and redevelopment projects, and. d. Ensure adequate long -term operation and maintenance of BMPs. 2. BMPs for Post - Construction Site Runoff Controls The permittee shall implement the following BMPs to meet the objectives of the Post - Construction Stormwater Management Program, To the extent there is any conflict between this permit and the post - construction ordinances adopted. by the permittee as approved by the N.C. Division of Water Quality, the post - construction ordinances shall apply with regard to permit compliance. BIVIP Measurable Goals a. Adequate legal authorities The permittee shall annually review its ordinances or other legal authorities, and reviselupdate as necessary, or adopt any new ordinances or other legal authorities to meet the objectives of the Post - Construction Stormwater Management Program. The permittee shall have the authority to review designs and proposals for new development and redevelopment to determine whether adequate stormwater control measures will be installed, implemented, and maintained. The permittee shall have the authority to request information such as stormwater plans, inspection reports, and monitoring results, and other information deemed necessary to assess compliance with the Post - Construction Stormwater Management Program. The permittee shall have the authority to enter private property for the purpose of inspecting at reasonable times any facilities, equipment, practices, or operations related to stormwater discharges to determine whether there is compliance the Post - Construction Stormwater Management Program. Part 11 Page 10 of 19 PERMIT NO. NCS000507 ;`BMP .�' _ Meas� able Goals =` , b. Strategies which include BMPs The permittee shall adopt the DWQ BMP Design Manual appropriate for the MS4 or certify that the local BMP Design Manual meets or exceeds the requirements in the DWQ BMP Design Manual. c. Plan reviews The permittee shall conduct site plan reviews of all new development and redeveloped sites that disturb greater than or equal to one acre and discharge to the MS4 (including sites that disturb less than one acre that are part of a larger common plan of development or sale). , The site plan review shall specifically address how the..project applicant meets the performance standards andhow•the;project will ensure long- term maintenance. d. Inventory of projects with post - The permittee shall maintain-an inventory of projects with construction structural stormwater post- construction structural sto> nwater control measures control measures installed and implemented at new development and redeveloped sites, including both public and private sector sites located within the permittee's jurisdiction area that are covered by its post- construction ordinance requirements. e. Deed Restrictions and Protective The permittee shall impose or require recorded deed Covenants restrictions and protective covenants that ensure development activities will maintain the project consistent with approved plans. f. Provide a mechanism to require Tb permittee shall implement or require an operation and long -term operation and maintenance plan that ensures the adequate long -term maintenance of structural BMPs. operation of the structural BMPs required by the program. The operation and maintenance plan shall require the owner of each structural BMP to perform and maintain a record of annual inspections of each structural BMP. Annual inspection of permitted structural BMPs shall be performed by a qualified professional. g. Inspections To ensure that all stormwater control measures are operating correctly and are being maintained as required consistent with its applicable maintenance agreement, the permittee shall conduct and document inspections of each project site covered under performance standards, at least one time during the permit term. Before issuing a certificate of occupancy, the permittee shall conduct a post - construction inspection to verify that the permittee's performance standards have been met. The permittee shall document and maintain records of inspection findings and enforcement actions and make them available for review by the permitting authority. Part H Page 11 of 19 PERMIT NO. NCS000507 BMP. `. Measurable Goals' h. Educational materials and training The permittee shall make available through paper or for developers electronic means, ordinances, post - construction requirements, design standards checklist, and other materials appropriate for developers. New materials may be developed by the permittee, or the permittee may use materials adopted from other programs and adapted to the permittee's new development and redevelopment program. i. Low Impact Development (LID) LID practices that promote infiltration of flows and Based Design groundwater recharge shall be considered. j. Enforcement The permittee shall track the issuance of notices of violation and enforcement actions. This mechanism shall include the ability to identify chronic violators for initiation of actions to reduce noncompliance. 3. Post - construction Stormwater Runoff Controls for 'New Development a. In order to fulfill the post - construction minimum measure program requirement the permittee may use the Department's -model ordinance, design its own post - construction practices that meet or exceed: the Department's Stormwater Best Management Practices Manual on scientific and engineering standards, or develop its own comprehensive watershed plan that is determined by the Department to meet the post- construction stormwater management measure required by 40 Code of Federal Regulations § 122.34(b)(5) (1 July 2003= Edition). b. Approval of the post - construction site runoff control for new development projects to be built within the permittee's planning jurisdiction by entities with eminent domain authority, shall be referred to the Division of Water Quality. C. The permittee shall meet the requirements of the post - construction program for construction projects that are performed by, or under contract for, the permittee including public roads and public bridges maintained by the permitee. To meet this requirement, the permittee may either develop the necessary requirements for post - construction controls that will pertain to their own projects, or develop procedures to ensure that the permittee meets these requirements by complying with another entity's Phase 11 Stormwater Management Programs for post - construction. If the permittee decides to rely on another program for compliance with these program areas for their own projects, they shall indicate in their Stormwater Management Program that the permittee will fully comply with the requirements of the second party's post - construction programs. Public roads and public bridges maintained by the permitee shall minimize built -upon surfaces, divert stormwater away from surface waters as much as possible and employ other best management practices to minimize water quality impacts to the maximum extent practicable. d. Adoption of the Universal Stormwater Management Program (USMP) meets the requirement to develop and implement a Post - Construction Program by the local government adopting an ordinance that complies with the requirements of 15A NCAC Part 11 Page 12 of 19 PERMIT NO. NCS000507 02H.1020 and the requirements of 15A NCAC 02B .0104(f). Adoption of the USMP may not satisfy water quality requirements associated with the protection of threatened or endangered species or those requirements associated with a Total Maximum Daily Load (TMDL). e. Compliance with the stormwater management and water quality protection required by Session Law 2006 -246, effectively meets the Post - construction Stormwater Runoff control requirements within the non Coastal Counties. Part 11 Page 13 of 19 PERMIT NO. NCS000507 SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations a. 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. b. Provide employee training 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. 2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal Operations The permittee shall implement the following BMPs to meet the objectives of the Pollution Prevention and Good Housekeeping Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals a. Inventory of municipally The permittee,,shall maintain, assess annually and update as owned or operated facilities necessary an inventory of facilities and operations owned and operated by the permittee with the potential for generating polluted stormwater runoff. b. Identify and map municipally The permittee shall identify and map municipally -owned or owned or operated facilities operated facilities. The map shall identify the stormwater outfalls corresponding to each of the facilities as well as the receiving waters to which these facilities discharge. The map shall be maintained and updated regularly and be available for review by the permitting authority. c. Operation and Maintenance The permittee shall maintain and implement, assess annually and (O &M) for municipally owned update as necessary an Operation and Maintenance (O &M) or operated facilities program for municipal owned and operated facilities. The O &M program shall specify the frequency of inspections and routine maintenance requirements. d. Spill Response Procedures for The permittee shall have written spill response procedures for municipally owned or operated municipal operations. facilities e. Streets, roads, and public The permittee shall evaluate BMPs to reduce polluted stormwater parking lots maintenance runoff from municipally -owned streets, roads, and public parking lots within their jurisdiction. Street sweeping and seasonal leaf pick -up must be included in this evaluation. Within 12 months, the permittee must update its stormwater Plan to include the BMPs selected. Part II Page 14 of 19 PERMIT NO. NCS000507 BMP Measurable Goals f. Streets, roads, and public Within 24 months, the permitee must implement BMPs selected to parking lots maintenance reduce polluted stormwater runoff from municipally -owned streets, roads, and public parking lots within their jurisdiction. The permitte must evaluate the effectiveness of these BMPs based on cost and the estimated quantity of pollutants removed. g. Operation and Maintenance Within 12 months, the permittee shall develop, implement, assess (O &M) for municipally -owned annually and update as necessary an O &M program for the or maintained catch basins and stormwater sewer system including catch basins and conveyance conveyance systems systems that it owns and maintains. h. Identify and map for The permittee shall identify and map municipally -owned or municipally owned or operated structural stormwater controls. The map shall identify the maintained structural stormwater outfalls corresponding; to each structural stormwater stormwater controls control as well as the receiving waters to which these facilities discharge. The map shall be maintained and updated regularly and be available for review by,.the permitting authority. L O &M for municipally -owned The permittee.shall maintain and implement, assess annually and or maintained structural update as necessary an O &M program for municipally -owned or stormwater controls maintained structural stormwater controls. The.O &M program shall specify the frequency of inspections and routine maintenance requirements. The permittee shall inspect and maintain if necessary, all municipally -owned or maintained structural stormwater controls in accordance with the schedule developed by permittee. The permittee shall document inspections and maintenance of all municipally -owned or maintained structural stormwater controls. j. Pesticide, Herbicide and The permittee shall ensure municipal employees and contractors Fertilizer Application are properly trained and all permits, certifications, and other Management. measures for applicators are followed. k. Staff training The permittee shall implement an employee training program for employees involved in implementing pollution prevention and good housekeeping practices. 1. Prevent or Minimize The permittee shall describe measures that prevent or minimize Contamination of Stormwater contamination of the stormwater runoff from all areas used for Runoff from all areas used for vehicle and equipment cleaning. Vehicle and Equipment Cleaning Part 11 Page 15 of 19 PERMIT NO. NCS000507 SECTION H: IMPAIRED WATERS 1. Objective a. Identify streams added to or on the 303(d) list of impaired streams list within the permittee's jurisdiction. b. Describe the likely cause(s) of the impairment and/or the pollutant or pollutants of concern. C. Describe and assess existing programs, controls, partnerships, projects and strategies. d. Describe additional programs, controls, partnerships, projects and strategies that may be reasonably expected to achieve Water Quality Standards (WQS). 2. BMPs. The permittee shall implement the following BMPs to meet the objective to comply with all applicable state water quality standards. Information regarding impaired waters in North Carolina is available at: http: // portal. ncdenr .org /web /wq /ps /mtu/assessment BMP Measurable Goals a. Identify, describe and If a stream within the permittee's jurisdiction is added to the 303(d) list of map watershed, impaired streams during the term of the permit, the permittee's Stormwater outfalls, and streams. Management Plan -shall be updated within 12 months to 1) identify impaired streams added 2) identify the watershed(s), 3) provide a description of the watershed(s) and 4) include a map of watershed(s) showing streams & major outfalls. If a stream is listed on the 303(d) list of impaired streams on or before the effective date of this permit, the permittee's Stormwater Management Plan shall be updated within 12 months of the effective date of this permit to 1) identify impaired streams added 2) identify the watershed(s), 3) provide a description of the watershed(s) and 4) include a map of watershed(s) showing streams & major outfalls. b. Describe the likely If a stream within the permittee's jurisdiction is added to the 303(d) list of cause(s) of the impaired streams during the term of the permit, the permittee's Stormwater impairment and/or the Management Plan shall be updated within 24 months to describe the likely pollutant or pollutants cause(s) of the impairment (e.g., sediment, fertilizers, pollutants of concern, of concern. or the amount of stormwater runoff). If a stream is listed on the 303(d) list of impaired streams on or before the effective date of this permit, the permittee's Stormwater Management Plan shall be updated within 24 months of the effective date of this permit to describe the likely cause(s) of the impairment (e.g., sediment, fertilizers, pollutants of concern, or the amount of stormwater runoff). Part 11 Page 16 of 19 PERMIT NO. NCS000507 BMP Measurable Goals c. Describe existing If a stream within the permittee's jurisdiction is added to the 303(d) list of programs, controls, impaired streams during the term of the permit, the permittee's Stormwater partnerships, projects Management Plan shall be updated within 36 months to describe existing and strategies. programs, controls, partnerships, projects and strategies implemented by the permittee to address the impaired water(s). If a stream is listed on the 303(d) list of impaired streams on or before the effective date of this permit, the permittee's Stormwater Management Plan shall be updated within 36 months of the effective date of this permit to describe existing programs, controls, partnerships, projects and strategies implemented by the permittee to address the impaired water(s). d. Assessment of The permittee shall annually assess the' effectiveness 'of existing programs, existing programs, controls, partnerships, projects and strategies implemented by the permittee controls, partnerships, to address the impaired water(s). projects and strategies e. Additional programs, As part of the annual assessment the permittee shall identify additional controls, partnerships, programs, controls, partnerships, - projects and strategies that may be projects and strategies necessary to address the impaired water(s) and how those measures address that may be the impaired water(s). The permittee shall develop a schedule to implement reasonably expected additional programs, controls; partnerships, projects and strategies that may to achieve WQS necessary to address the impaired water(s). Part 11 Page 17 of 19 PERMIT NO. NCS000507 SECTION 1: TOTAL MAXIMUM DAILY LOADS (TMDLs) 1. Objective of a Water Quality Recovery Program Reduce levels of the pollutant of concern in accordance with approved Waste Load Allocation (WLAs) assigned to stormwater in an approved TMDL. 2. Requirements for a Water Quality Recovery Program The permittee shall determine whether a TMDL has been developed and. approved or established by EPA for the receiving water(s) of the MS4 stormwater discharge and/or downstream waters into which the receiving water directly flows. At any time during the effective-dates of this permit, if the permittee becomes subject to an approved TMDL, the permittee shall develop a Water Quality Recovery Program that includes the following l3MPs. Information regarding North Carolina TMDLs is available at: http: / /portal.ncdenr.org /web /wq/ps /mtu/tmdl/tmdls BMP Measurable Goals a. Water Quality Within 12 months of the fmal.approval`of. a TMDL the permittee shall Recovery Plan develop a WQRP that: (WQRP): Identify, describe and map • Identifies the >watershed(s), watershed, outfalls, • Includes a description of the watershed(s), and streams. • Includes a map of watershed(s) showing streams & outfalls • Identifies the locations of currently known major outfalls within its jurisdictional area with the potential of contributing to the cause(s) of the impairment to the impaired segments, to their tributaries, and to segments and tributaries within the watershed contributing to the impaired segments and • Includes a schedule to discover and locate other major outfalls within its jurisdictional area that may be contributing to the cause of the impairment to the impaired stream segments, to their tributaries, and to segments and tributaries within the watershed contributing to the impaired segments. b. WQRP: Describe the Within 12 months of the final approval of a TMDL the WQRP shall likely cause(s) of the describe the likely cause(s) of the impairment. impairment and/or the pollutant(s) of concern. c. WQRP: Assessment Within 24 months of the final approval of a TMDL, the WQRP shall of the monitoring data include an assessment of available monitoring data. Where long -term data is available, this assessment should include an analysis of the data to show trends. d. WQRP: Existing Within 24 months of the final approval of a TMDL, the WQRP shall programs, controls, describe existing programs, controls, partnerships, projects and strategies to partnerships, projects address impaired waters and a brief explanation as to how the programs, and strategies. controls, partnerships, projects and strategies will achieve Water Quality Standards (WQS). Part 11 Page 18 of 19 PERMIT NO. NCS000507 BMW Measurable Goals e. Monitoring Plan Within 36 months of the final approval of a TMDL the permittee shall develop and submit to the Division a monitoring plan for each pollutant of concern or cause of impairment as specified in the TMDL. The permittee shall maintain and implement, assess annually and update as necessary the Monitoring Plan as additional outfalls are identified and as accumulating data may suggest. Following any review and comment by the Division the permittee shall incorporate any necessary changes to monitoring plan and initiate the plan within 6 months. Modifications to the monitoring plan shall be approved by the Division. f. Implementation Plan: Within 48 months of the final approval of a TMDL: the permittee shall develop an Implementation Plan that describes activities expected to occur within the remainder of the permit term and that identifies a schedule for completing the activities. The permittee shall maintain and implement, assess annually and update as necessary the Implementation Plan. g. Reporting The permittee shall submit an annual report of the results of the annual assessment of the WQRP, Monitoring Plan, and Implementation Plan Updates to the WQRP,.Monitoring Plan and Implementation Plan are to be submitted: in each annual report. Any monitoring.data'and information generated from the previous year of the monitoring'program are to be submitted with each annual report. Part II Page 19 of 19 PERMIT NO. NCS000507 PART III PROGRAM ASSESSMENT The Permittee's reporting and monitoring activities in support of this permit will be sufficient to indicate progress in implementation, effectiveness and results of the Stormwater Plan and individual components of the program. The Division may request additional reporting and monitoring information as necessary to assess the progress and results of the Permittee's Stormwater Plan. Implementation of the Stormwater Plan will include documentation of all program components that are being undertaken including, but not limited to, inspections,;mamtenance activities, educational programs, monitoring and sampling, implementation f BMPs, enforcement actions, and other stormwater activities. Documentation will be ept on fil„i e.permittee for a period RN of hive years and made available to the Director or his authprized repr <esehtative upon request. 2. The permittee's Stormwater Plan will be reviewed and }?,dafknecessary, but at least on an annual basis to identify modifications and improvelffa.4'. eeded to maximize Stormwater Plan effectiveness. The permittee shall implement a gran and Cule to address the identified modifications and improvements. The permitteYshafl subunit annual reports that include appropriate information to accurately describe the pzogtdss, status, and results of the permittee's Stormwater Plan and will include s not$lmiteco, the following components: a. The permittee will give a detailed description of the status of implementation of the Stormwater Plan as a whole. Tlil;nll include information on development and implementation of ea9 or component of the Stormwater Plan (Public Education /Involvemjtt;.IIlicit ischarges, Construction, Post - Construction, Good Housekeeping) for thesti'j%ear and schedules and plans for the year following each report. b. The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). C. The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. In addition, any changes in the cost of, or funding for, the Stormwater Plan will be documented. d. The permittee will include 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 Stormwater Plan. e. The permittee will provide information on the annual expenditures and budget anticipated for the year following each report along with an assessment of the continued financial support for the overall Stormwater Plan. f. The permittee will provide a summary of activities undertaken as part of the Stormwater Plan throughout the previous 12 months. This summary will include, but is not limited to, an assessment of compliance with this permit, information on the establishment of appropriate legal authorities, project assessments, inspections, enforcement actions, Part III Page 1 of 2 PERMIT NO. NCS000507 continued inventory and review of the storm sewer system, education, training and results of the illicit discharge detection and elimination program, and each significant activity /control measures or type of activity /control measure implemented. g. The Permittee will identify and track programmatic and site indicators to assess if the Stormwater Plan is meeting goals and objectives. 3. The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within 90 days of such notice, the perm, ittee will submit a plan and time schedule to the Director for modifying the Stormwatery- laifto meet the requirements. s k ^��x The Director may approve the plan, approve a plan with rgadifi al or re, j.ect the proposed plan. The permittee will provide certification in writingan accofa iti 'Part IV, Paragraph 2 to the Director that the changes have been made. Nothixift this parag aph shall be construed to limit the Director's ability to conduct enforcement action ,s"t ©violations of this permit. 4. The Division may request additional reporting infofonas necessary to assess the progress and results of the permittee's Stormwater Plan. A", 4 a � r Part III Page 2 of 2 THLS P) PERMIT NO. NCS000507 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS 1. Records 2. 3. 4. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and copies of all reports required by this permit, for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director. Recording Results For each measurement, sample, inspection or activity requirements of this permit, the permittee shall record not limited to: a. The date, location, description, and time activity; b. The individual(s) who performed the,sN C. The date(s) analyses wereterfor pj_ if d. The individual(s) who oimed.. e. The analytical techniques oi'-,.�etho L The results of such analvsesiforirit Annual Reporting Lt to the including but measurements, inspection or s'ds' (if performed); (if performed); and inspection or activity; a. The permittee will sd'6*K -P orting and monitoring information on an annual basis. Completion and submittal of the reporting information contained within the online BIMS Stormwater Management Program Assessment (SMPA) meets the annual reporting requirements of this permit. b. The annual report shall document: i. A summary of past year activities, including where available, specific quantities achieved and summaries of enforcement actions. ii. A description of the effectiveness of each SWMP program component iii. Planned activities and changes for the next reporting period, for each S WMP program component or activity. iv. Fiscal analysis. Twenty-four Hour Reporting The permittee shall report to the Division any noncompliance that may constitute an imminent threat to health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes, the period of noncompliance and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. Part IV Page 1 of 3 PERMIT NO. NCS000507 5. Additional Reporting The Director may request reporting information on a more frequent basis as deemed necessary either for specific portions of the permittee's Stormwater Plan, or for the entire Program 6. Other Information Where the permittee becomes aware that it failed to submit any relevant facts or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 7. Planned Changes of an planned changes in the a. The permittee shall give advance notice to the Dtirt y p g permitted facility or activity that may result in�nco9,anee with the permit requirements. = ' h b. The permittee shall give advance notice {to the D', ector of any planned modifications to . ,. the Stormwater Plan. Notice of and hanges_equired at least through the annual report. Notice shall be gib, s stiaa s possible when deleting a provision of the approved Stormwater Plan;he ication could significantly change the timeframe for implementation of 0 or negatively influence the effectiveness of the approved program 8. Report Submittals a. All reports required herein, not submitted electronically shall be submitted to the following address: Department of Environment and Natural Resources Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699 -1617 b. All applications, reports, or information, other than those submitted electronically, shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a duly authorized representative only if: The authorization is made in writing by a principal executive officer or ranking elected official; ii. The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for environmental/stormwater matters; and iii. The written authorization is submitted to the Director. Part IV Page 2 of 3 PERMIT NO. NCS000507 C. Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including thepo�s iility of fines and imprisonment for knowing violations." ; yR . � Part IV Page 3 of 3 THIS PAGE » y+ 2 �,� PERMIT NO. NCS000507 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial coverage upon renewal application. a. The permittee shall comply with standards or prrbtions established under Section 307(a) of the Clean Water Act for toxic pollutants; "' the time provided in the .,.,., regulations that establish these standards or protubitioriseven if the permit has not yet been modified to incorporate the require 1 -0 b. The Clean Water Act provides that apy5f n w110 violates a permit condition is subject .. to a civil penalty not to exceed the Wnaounts authorized by Section 309(d) of the Act and the Federal riilgPed" esA t[on Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Co t-ion "ovement Act (31 U.S.C. §3701 note) (currently $27,500 per day for each�yi6la`t �, "Any person who negligently violates any permit condition is subject tonal Pies of $2,500 to $25,000 per day of violation, or imprisonment for not All. thane year, or both. Any person who knowingly violates permit conditions is s�� j --t top inaI penalties of $5,000 to $50,000 per day of violation, or imprisonantfor not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than twenty -five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143- 215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class II violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500). Part V Page 1 of 6 2. 3. 4. 5. PERMIT NO. NCS000507 Duty to 1VCtigate The permittee shall take reasonable steps to minimise or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. Civil and Criminal Liability Nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143 - 215.3,143- 215.6A, 143 - 215.613, rr• 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furtileimore, the permittee is responsible for consequential damages, such as fish kills, even thgh the responsibility for effective compliance may be temporarily suspended. ; �' < :`, . 41 Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclud6t'flf stitution of any legal action or relieve the permittee from any responsibilities, liabilities;; or pen tes'to which the permittee is or. may be 4. F. subject to under NCGS 143 - 215.75 et seq, or iaoa51I A the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible o 'COnseguephal damages, such as fish kills, even though the responsibility for effe4t ce may be temporarily suspended. Property Rights The issuance of this permit d�o6 not con0ey any property rights in either real or personal property, or any exclusive prt ges,dbr does it authorize any injury to private property or any invasion of personal rights, no - ngement of federal, state or local laws or regulations. 6. Severability 7. 8. The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the coverage issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required by this permit. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part V Page 2 of 6 9. 10. 11. PERMIT NO. NCS000507 Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. Permit Actions This permit may be modified revoked and reissued or tgzmin}afedzft:ause The filing of a request by the permittee for a permit modification, revop and resuauce, or termination, or a notification of planned changes or anticipated noncompliarcedoes not stay any permit condition. Duty to Reapply The permittee is not authorized to discharge aft" th6expiiation date. In order to receive automatic authorization to disc har beyo a ., e " aEon date, the permittee shall submit a .. permit renewal application and f M are, uirei do later than 180 days prior to the expiration date of this permit. Any permittee` t.: sit ` quested renewal at least 180 days prior to expiration, or any discharge that does vela permit after the expiration and has not requested renewal at least 180 days or to ex ira o' will be subject to enforcement procedures as Y prior P � � J Pr provided in NCGS 143- 215.6nd 33 U ; 1251 et seq. The renewal application shall include a review of the Stormwater PrQ _ d�lopment and implementation over the life of this permit, the status of programs and a d :' ; _ }'on of further program development to be implemented over the future permitting time period. Part V Page 3 of 6 PERMIT NO. NCS000507 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures, when necessary. This provision requires the operation of back -up or auxiliary Ar facilities or similar systems that are installed by a permittee onlygwWh the operation is necessary to achieve compliance with the conditions of the permit. ' 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforced nt actl'' neat it would have been necessary to halt or reduce the permitted activity in o'ntain compliance with the condition of this permit. } f ?, Part V Page 4 of 6 PERMIT NO. NCS000507 SECTION C: MONITORING AND RECORDS 2. 3. 4. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken at the monitoring points specified in the Stormwater Plan or suitable representative sites and, unless otherwise specified, before the discharge joins or is diluted by any waste stream, body of water, or substance. The Director may request information justifying changes to sampling locations andtWTling methods. At a minimum, information on such changes shall be reported in:Athe ' "ttee's annual report. The Director may require that certain changes in the samplinpro . mbesubmitted for approval prior to implementation of the changes. n Flow Measurements Where required, appropriate flow measurement scientific practices shall be selected and used 118 measurements of the volume of monitored dxscl Test Procedures 3ethods consistent with accepted accuracy and reliability of Test procedures for the analysisff pollut" shall conform to the EMC regulations published pursuant to NCGS 143 - 215.63,x1 seq, the Water and Air Quality Reporting Acts, and to regulations published pursuan ,' Sectibn 304(8), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, an` motion 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures shall produce minimum detection and reporting levels and all data generated shall be reported down to the minimum detection or lower reporting level of the procedure. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records shall be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records of the permittee that shall be kept under the conditions of this permit; Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations of the permittee regulated or required under this permit; and Part V Page 5 of 6 PERMIT NO. NCS000507 d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location under the control of the permittee. 5. Availability of Reports Except for data determined to be confidential under NCGS 143- 215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false .� statement on any such report may result in the imposition pf cnmmal penalties as provided for in NCGS 143- 215.613 or in Section 309 of the Federal Act Part V Page 6 of 6 PERMIT NO. NCS000507 PART VI LEMATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143 -215.1 et. al. Part VI Page 1 of 1 PERMIT NO. NCS000507 PART VII ADNMUSTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee shall pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part VII Page 1 of 1 THIS PE 1. 2. 3. 4. PERMIT NO. NCS000507 PART VIII DEFINITIONS Act See Clean Water Act. Best Management Practice (BMP) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can be structural or non - structural and may take the form of a process, activity, physical structure or planning (see non - structural BMP). " Fg_' Built -upon Area That portion of a development project that is covered by imperv- -'s ,or partially impervious surface including, but not limited to, buildings; pavemenf� *- I gravel areas such as roads, parking lots, and paths; and recreation facilities such as teen co: ` ' " " p �Bu�it -upon area does not include a wooden slatted deck, the water area of a swimming pobl, 'Pervious or partially pervious paving material to the extent that the paving materiali`sobs water or allows water to infiltrate through the paving material.; Calculation of Means (a) Arithmetic Mean: The arithmetic dean of any set of values is the summation of the individual values divide`"v the number of individual values. (b) Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). (c) Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Part VIII Page 1 of 6 6. 7. 8. 9. 10. 11. 12. PERMIT NO. NCS000507 Common Plan of Development A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: • In separate stages • In separate phases • In combination with other construction activities It is identified by the documentation (including but not limited to a sales pitch, advertisement, loan application, drawing, plats, blueprl permit application, zoning request, or computer design) or physical not limited to boundary signs, lot stakes, or surveyor mar kit gS activities may occur on a specific plot. It can include one operator or many operators. Department Department means the North CarolinA Depart Division (DWO)`, The Division of Water Quality, Director notice or hearing, ag plans, contracts, in (including but construction and Natural Resources and Natural Resources. The Director of the Division of Water Quality, the permit issuing authority. EMC The North Carolina Environmental Management Commission. Illicit Discharge Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non- stormwater discharges, and discharges resulting from fire- fighting activities. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. Part VIII Page 2 of 6 13. 14. 15. PERMIT NO. NCS000507 Large or Medium Municipal Separate Storm Sewer System All municipal separate storm sewers that are either: (a) Located in an incorporated place with a population of 100,000 or more as determined by the Decennial Census by the Bureau of Census; or (b) Located in the counties with unincorporated urbanized populations of 100,000 or more, except municipal separate storm sewers that are located in the incorporated places, townships or towns within such counties; or (c) Owned or operated by a municipality other than those descnl e'dbin paragraph (a) or (b) AR and that are designated by the Director as part of th age or iii,z ��m separate storm sewer system SIN. Major municipal separate storm sewer outfall ( storm sewer outfall that discharges from a sing] more or its equivalent (discharge fro:;�4 y sin associated with a drainage area of m, I that receive storm water from lands zo _ i plans or the equivalent), an outfall that disc ; . 12 inches or more or from its eq: valent (d' with a drainage area of 2 acres Amore). nF 1a0& oufa`ll') means a municipal separate ,ipe iftiih inside diameter of 36 inches or iveyance other than circular pipe which is zes); or for municipal separate storm sewers k ste. al activity (based on comprehensive zoning from a single pipe with an inside diameter of from other than a circular pipe associated Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (a) Owned or operated by the United States, a State, city, town, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. (b) Designed or used for collecting or conveying stormwater; (c) Which is not a combined sewer; and (d) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 Part VIII Page 3 of 6 PERMIT NO. NCS000507 16. Non - stormwater Discharge Categories The following are categories of non - stormwater discharges that the permittee shall address if it identifies them as significant contributors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the definition of illicit dischargeFand only need to be addressed where they are identified as significant sources of pollutants;Iogwaters of the United States 17. Non - structural BMP Non - structural BMPs are preventive actions that inlveiageinent and source controls such AW as: (1) Policies and ordinances that provide requirq�eufs anifi andards to direct growth to identified areas, protect sensitive areas such as eve s a' riparian areas, maintain and/or ` ' minimise impervious surfaces, increase open space, provide buffers�ffong Sei�sitxve4` bodies, imp and/or minimize disturbance of soils ` yegetq (2) policies or ordinances that encourage infill development in higher density ucb has areas with existing storm sewer infrastructure; (3) education programs far e: elopers and the public about m;n;m;zing water quality impacts; (4) other measuf such a ing the percentage of impervious area after development, use of measures t::t f �r'directly connected impervious areas, and source control measures often thought atoil housekeeping, preventive maintenance and spill prevention. -" 18. Outfall Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the United States and are used to convey waters of the United States. 19. Permittee The owner or operator issued this permit. 20. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. Part VIII Page 4 of 6 TI 1. 2. 3. 4. 5. PERMIT NO. NCS000507 PART VIII DEFINITIONS Act See Clean Water Act. Best Management Practice (BMP) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can be structural or non - structural and may take the form of a process, activity, physical structure or planning (see non - structural BMP). ? t" Built -upon Area That portion of a development project that is covered by iiriperv#Aor 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 tenni's courts 2 - hilt -u on area does not include a wooden slatted deck, the water area of a sang pool, opervious or partially pervious paving material to the extent that the paving matialabsoyls water or allows water to infiltrate through the paving material. - 2" •ate.,. ' Calculation of Means (a) Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divide6bv the number of individual values. (b) Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). (c) Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Part VIII Page 1 of 6 PERMIT NO. NCS000507 6. Common Plan of Development A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: • In separate stages • In separate phases • In combination with other construction activities It is identified by the documentation (including but not limited to asignPpublic notice or hearing, sales pitch, advertisement, loan a pp licatio n, drawin g, p lats, b ` , mketing plans, contracts, permit application, zoning request, or computer design) or sic al.. catipn (including but not limited to boundary signs, lot stakes, or surveyor mazkiffs� indicaligthat construction aY ., activities may occur on a specific plot. It can include one operator or many operators. 7. Department Department means the North Division (DWO) and Natural Resources The Division of Water Quality, pepartmenfoTEnvironment and Natural Resources. 9. Director The Director of the Division of Water Quality, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. 11. Illicit Dischar¢e Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non - stormwater discharges, and discharges resulting from fire- fighting activities. 12. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. Part VIII Page 2 of 6 13. 14. 15. PERMIT NO. NCS000507 Large or Medium Municipal Separate Storm Sewer System All municipal separate storm sewers that are either: (a) Located in an incorporated place with a population of 100,000 or more as determined by the Decennial Census by the Bureau of Census; or (b) Located in the counties with unincorporated urbanized populations of 100,000 or more, except municipal separate storm sewers that are located in the incorporated places, townships or towns within such counties; or x. (c) Owned or operated by a municipality other than those descried _in paragraph (a) or (b) and that are designated by the Director as part of tle >late or medium separate storm sewer system Major municipal separate storm sewer outfall storm sewer outfall that discharges from a sing more or its equivalent (discharge frq ` =:a single associated with a drainage area of m;ti_ _ 5 that receive storm water from lands AM, plans or the equivalent), an outfal]A -t dts har w },1XY4il�� 12 inches or more or from its eq�u &alent (d cl1 with a drainage area of 2 acres onore). ;,,;major outfall') means a municipal separate dpe` +ith,an inside diameter of 36 inches or ive0lince other than circular pipe which is Fes); or for municipal separate storm sewers Is al activity (based on comprehensive zoning from a single pipe with an inside diameter of B from other than a circular pipe associated Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, .catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (a) Owned or operated by the United States, a State, city, town, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. (b) Designed or used for collecting or conveying stormwater; (c) Which is not a combined sewer; and (d) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 Part VIII Page 3 of 6 PERMIT NO. NCS000507 16. Non- stormwater Discharge Categories The following are categories of non- stormwater discharges that the permittee shall address if it identifies them as significant contributors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire T fighting activities are excluded from the definition of illicit discharge end only need to be addressed where they are identified as significant sources of- poll4tatis= q,.wates of the United ..... t >r States). r.._.. r 17. Non - structural BMP Non - structural BMPs are preventive actions that in 1� ,e `U�ggment and source controls such as: (1) Policies and ordinances that provide requirements andards to direct growth to identified areas, protect sensitive areas such as wetlands d'riparian areas, maintain and/or increase open space, provide buffers; ng Se sttive a r bodies, minimise impervious surfaces, and/or minimize disturbance of soils egg f1i�m; (2) policies or ordinances that encourage infill development in higher density ur. : v teas d areas with existing storm sewer infrastructure; (3) education programs s and the public about minimizing water quality impacts; (4) other measui±es such a ing the percentage of impervious area after development, use of measures t t . eiirectly connected impervious areas, and source control measures often thou ght , preventive maintenance and ill �,- : �' housekeeping, �P� g P prevention. 18. Outfall Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the United States and are used to convey waters of the United States. 19. Permittee The owner or operator issued this permit. 20. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. Part VIII Page 4 of 6 21. 22. 23. 24. 25. 26. PERMIT NO. NCS000507 Redevelopment Means any rebuilding activity unless that rebuilding activity; (a) Results in no net increase in built -upon area, and (b) Provides equal or greater stormwater control than the previous development. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and.' 'is preceded by at least 72 hours in which no storm event measuring greater 0,11- anche�hasg occurred. A single storm event may contain up to 10 consecutive hours:, .np'� recip�tatton. For example, if it rains for 2 hours without producing any coll et le�discharge, and then stops, a sample may be collected if a rain producing a disc hargeA -gins again within the next 10 hours. Vii`• 5 Storm Sewer System Is a conveyance or system of cone) stormwater runoff that is not part of include, but is not limited to, streets, storm drains that convey stormwatet signed or used to collect or convey system or treatment works. This can s, gutters, ditches, man -made channels or The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program Stormwater Management Program (SWMP) The term Stormwater Management Program (SWMP) refers to the stormwater management program that is required by the Phase I and Phase It regulations to be developed by MS4 permittees. Stormwater Plan The Stormwater Plan is the written plan that is used to describe the various control measures and activities the permittee will undertake to implement the stormwater management program. The Stormwater Plan is a consolidation of all of the permittee's relevant ordinances or other regulatory requirements, the description of all programs and procedures (including standard forms to be used for reports and inspections) that will be implemented and enforced to comply with the permit and to document the selection, design, and installation of all stormwater control measures. Part VIII Page 5 of 6 PERMIT NO. NCS000507 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 28. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to thpollutant's sources. A 411 = "' TMDL is a detailed water quality assessment that provides the., scientific foundation for an implementation plan. The implementation plan outlines the steps, , eees ary to kduce pollutant loads in a certain body of water to restore and maintain wafer guahty st'apC,dads in all seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. t �i 'gp a�•r Part VIII Page 6 of 6 ATTACHMENT 4. DEEDS OF EASEMENT Nobel Canal Easement Project Grantor of Easement *Jonathan Taylor Keith and wife, Shelley Rainey Keith *Good Hope Free Will Baptist Church, by and through its Trustees Boris G. Barrett, Sr. and Thurman L. McIntosh *Evelyn W. Hagans, widow; Evangeline W. Norfleet and husband, William Norfleet, Frances W. Blount and husband, Marvin R. Blount *Shirley C. Willams, widow Shirley C. Williams as General Guardian for Hattie Carmon Easement Recording Information Book 2946, Page 732, Pitt County Registry Book 2946, Page 557, Pitt County Registry Book 2946, Page 561, Pitt County Registry Book 2946, Page 566, Pitt County Registry Book 2978, Page 307, Pitt County Registry *Gateway Christian Center of Greenville, Incorporated Book 2965, Page 620, Pitt County Registry IlIIIIIIIilllllllfllflllll !!lfIIIIINIl�Iflflllll�llf IfffIIIIIIINIIIINf llfl! RDoe ID: ecorded; 02/29/2032�atT03804C37 PM Fee Amt: $ .00 Page i of 4 Revenue Tax: $o.00 Pitt Oounty, NO Deborah T Barrington AEG OF DEEDS BK2945Pa732 -735 Prepared by & kdc.Ttili'to: E. Keen Lassiter STATE OF NORTH CAROLINA COUNTY OF PITT TOWN OF WINTERVILLE GRANT OF DRAINAGE EASEMENT This Easement made and entered into this the I Qi-k) day of February, 2012 by and between JONATHAN TAYLOR KEITH and wife, SHELLEY RAINEY KEITH, of Pitt County","' North Carolina (hereinafter "Grantor "), party of the first part, and the TOWN OF WINTERVILLE, a North Carolina Municipal Corporation organized and existing under the laws of the State of North Carolina in Pitt County, North Carolina (hereinafter "Town "), party of the second part. WITNESSETH: Whereas Grantor owns that certain parcel lying in the Township of Winteiville described in Deed Book 2842, Page 345, in the office of the Register of Deeds of Pitt County; and whereas Grantor now wishes to convey to the Town a grant of drainage easement and right -of -way (hereinafter referred to as "drainage facilities "). And whereas the Town has agreed to accept this grant of easement and right-of-way for drainage facilities for the purpose of installing one or more of the service facilities designated for drainage purposes; Now therefore, for and in consideration of the sum of One Dollar ($1.00) and other. valuable .considerations to Grantor in hand paid, Grantor does hereby give, grant and convey unto the Town, its licensees, successors, and assigns, the right, privilege and. easement to go in, through, under and upon the lands of Grantor located in Winterville Township, Pitt County, North Carolina, and more particularly described as follows. BEGINNING AT A POINT, SAID POINT BEING LOCATED IN THE WESTERLY RIGHT OF WAY OF MILL STREET, SAID POINT ALSO BEING THE MOST NORTHEASTERLY CORNER OF A LOT DESCRIBED IN DEED BOOK 2720 PAGE 670 OF THE PITT COUNTY REGISTRY; THENCE CONTINUING WITH THE WESTERLY RIGHT OF WAY OF MILL STREET, S 000 26' 03" E, 22.74' MORE OR LESS TO A POINT; THENCE. LEAVING THE WESTERLY RIGHT OF WAY OF MILL STREET, N 890 56' 20" W, 106.23' MORE OR LESS TO A POINT; THENCE S 00 12' 12" W, 3.00' MORE OR LESS TO A POINT; THENCE N 89'56'20" W, 11.01' MORE OR LESS TO A POINT; THENCE S 000 03'40" W, 11.00' MORE OR LESS TO A t l J. POINT; THENCE N 89° 56' 20" W, 16.00' MORE OR LESS TO A POINT; THENCE S 000 03'40" W, 7.50' MORE OR LESS TO A POINT; THENCE N 890 56' 20" W, 10.28' MORE OR LESS TO A POINT; THENCE N 16° 46' 05" W, 9.06' MORE OR LESS TO A POINT; THENCE N 48° 39' 41" E, 66.48' MORE OR LESS TO A POINT; THENCE S 84° 56' 29" E, 96.45' MORE OR LESS TO A POINT, SAID POINT BEING LOCATED IN THE WESTERLY RIGHT OF WAY OF MILL STREET, SAID POINT ALSO BEING THE POINT OF BEGINNING OF THIS DESCRIPTION AND CONTAINING 3569.78 SF MORE OR LESS AND ENCOMPASSING THE STREAM BED AND A PORTION OF THE 50' BLUE LINE STREAM RIPARIAN BUFFER AS MEASURED FROM THE TOP OF BANK OF THE NOBEL CANAL. It is understood and agreed that this conveyance is made subject to the Town agreeing that no trees or shrubs will be out or removed by the Town within the easement area unless construction of the Nobel Canal Project is commenced by the Town within the easement area. Subject to obtaining the requisite approvals of county, state and federal agencies, Town agrees to remove all trees and shrubs in the easement area after construction of the Nobel Canal Project is commenced by the Town within the easement area. This being an easement to the Town for drainage purposes the Town shall have the right to construct, install, operate and maintain upon said described premises drainage facilities in a manner suitable to the Town, upon, across, under and through said described property within the easement and right -of -way hereinabove described and to utilize the property for the purpose of temporary construction of any of the above facilities and the permanent maintenance of said facilities for the public use with the right to do all things necessary or convenient thereto including, but not limited to, the following: (a) The right of officers, agents, and worianen of the Town and its contractors to go to and from said easement and right -of -way strip at all times over the above described land by such route or routes as shall occasion the least practicable inconvenience to Grantor, including private roads and ways then existing thereon, on foot or by conveyance, with materials, machinery, supplies and equipment as may be desirable; provided that except in emergencies, existing roads and ways thereon shall be used to the extent that they afford ingress and egress to and from the easement and right-of-way strip; and to construct, reconstruct, work upon, repair, alter, inspect and in general do any other thing necessary or convenient to maintain and operate said drainage facilities for the purpose aforesaid; and (b) The right and privilege to enter upon the land described for the purpose of constructing said drainage facilities, and the right and privilege at all times to enter upon the land included in the area of the easement hereinabove described for the maintenance and repair of said drainage facilities; and (c) The right to clear, and keep cleared, from said easement and right -of -way strip all structures [other than ordinary fences, but when Town desires, such fences may be opened and closed or temporarily removed and replaced, or Town may provide suitable gates therein and as 2 expressly authorized in (d)(2)} and all vegetation which may interfere with the drainage facilities herein described and to use (1) chemicals which are not injurious to human beings, domestic animals, fish or game, (2) machinery, and (3) other forms of equipment and devices in so doing; and (d) This deed of easement is given for the initial purpose of constructing and maintaining a drainage system and does not obligate the Town either contractually or in any other fashion to construct and maintain other drainage facilities for which this easement has been granted until such time as the Town in its sole discretion shall deem necessary to install such facilities. In the event that the Town has agreed to install additional drainage facilities upon the property herein granted, such agreement is hereinafter set forth as follows: (1) The structures and appurtenant facilities installed by the Town shall be and remain the property of the Town and may be removed by it at any time and from time to time. (2) Grantor reserves the right to use the lands in and over which the easement and right -of -way rights are hereby granted for all purposes not inconsistent with said easement and right -of -way rights, except that Grantor agrees that (1) no buildings or permanent structures, well, septic tanks, absorption pits, underground or overhead storage,; tanks, burial plots, or any other obstruction which might interfere with the construction, maintenance and operation of said drainage facilities shall be placed within the area of said strip without the express written permission of the Town except Grantor reserves the right to construct one (1) structure without a concrete pad within the easement herein granted but said structure shall not interfere with the Town's drainage facilities; and (2) the Town's drainage facilities shall in no way be interfered with or endangered by the Grantor or Grantor's heirs, licensees, successors or assigns, without the express written permission of the Town. TO HAVE AND TO HOLD the aforesaid rights, privileges and easements unto the Town, its licensees, successors and assigns forever. And Grantor, for the Grantor and for the Grantor's heirs, executors, administrators, licensees, successors and assigns, covenants with the Town, its licensees, successors and assigns, that Grantor is lawfully seized of the above described land in fee and has the right to convey the said rights, easements and privileges herein described; that the same is free and clear from any and all encumbrances not satisfactory to the Town; that the Town shall have quiet and peaceful possession, use and enjoyment of the aforesaid easement of right -of -way, rights and privileges; that the Grantor shall execute such further assurances thereof as may be required by the Town; and Grantor will forever warrant and defend the title to the said easement of right -of -way, rights and privileges against the lawful claims of all persons whomsoever. The singular shall include the plural and reference to gender shall include masculine, feminine and neuter. 3 IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal, the day and year first above written. (SEAL) J ATHAN TAYLOR ITH ..-r D o,��_i�olYE-t ; (SEAL) SHELLEq RAINEY KEITH STATE OF NORTH CAROLINA COUNTY OF I, :F MQ s 0- 6 , a Notary Public of the aforesaid County and State, hereby c2 ify that JONATHAN TAYLOR KEITH personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my and hand and notarial seal, this the / & A day of February, 2012. Notary rblic My Corriniission Expires: 11,119/1-013 � > >! $��C+�UV�, ,. STATE OF NORTH CAROLINA ru °L'v COUNTY OF -t4or �r +�'� cou a Notary Public of ie�aToresaid County and State, hereby cerdy that SHELLEY RAINEY KEITH personally appeared before me . this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my and hand and notarial seal, this the /4 *'' day of February, 2012. Notary Pu lic My Commission Expires: 12 ! 9 12-613 ,,,utiwwuyi 105 C0:1'�� v NOTARY PUBLIC Couo_ 4 11111111INIIIIIIVIIIVIIIVIIIVIIIVIII0 #IIIIIVIIIIllli11III!IIII Recorded: 02/29%20 20atT12:05:41 PM Fee Amt: $26.00 Page 1 of 4 Revenue Tax: $O.00 Pitt County, NO Deborah BarringtonREG OF (DEEDS. BK2946 PC55 i 7 -560 Prepared by & Return to: E. Keen Lassiter STATE OF NORTH CAROLINA COUNTY OF PITT TOWN OF WINTERVILLE GRANT OF DRAINAGE EASEMENT This Easement made and entered into this the 16-thday of November, 2011 by and between GOOD HOPE FREE WILL BAPTIST CHURCH, by and through its Trustees BORIS G. BARRETT, SR. and THURMAN L. MCINTOSH, of Pitt County, North Carolina (hereinafter "Grantor "), party of the first pant, and the TOWN OF WINTERVILLE, a North Carolina Municipal Corporation organized and existing under the laws of the State of North Carolina in Pitt County, North Carolina (hereinafter "Town "), party of the second part. WITNESSETH: Whereas Grantor owns that certain parcel lying in the Township of Winterville described in Deed Book D26, Page 647, Deed Book D35, Page 231, Deed Book Q39 Page 315, Deed Book . 376, Page 68, in the office of the Register of Deeds of Pitt County; and whereas Grantor now wishes to convey to the Town a grant of drainage easement and right -of -way (hereinafter referred to as "drainage facilities "). And whereas the Town has agreed to accept this grant of easement and right -of -way for drainage facilities for the purpose of installing one or more of the service facilities designated for drainage purposes; Now therefore, for and inconsideration of the sum of One Dollar ($1.00) and other valuable considerations to Grantor in hand paid, Grantor does hereby give, grant and convey unto the Town, its licensees, successors, and assigns, the right, privilege and easement to go in, through, under and upon the lands of Grantor located in Winterville Township, Pitt County, North Carolina, and more particularly described as follows: BEGINNING AT A POINT, SAID POINT BEING THE MOST SOUTHWESTERLY CORNER OF A TRACT OF LAND DESCRIBED IN DEED BOOK 106 PAGE 780 OF THE PITT COUNTY REGISTRY; THENCE S 71°27' 04" E, 61.90' MORE OR LESS TO A POINT; THENCE S 630 13' 04" E, 43.62' MORE OR LESS TO A POINT; THENCE S 54° 57'54" E, 37.39' MORE OR LESS TO A POINT; THENCE S 57° 50'24" E, 61.55' MORE OR LESS TO 1 A POINT; THENCE S 66° 47' 28" E, 19.05' MORE OR LESS TO A POINT; THENCE S 220 47' 22" E, 16.91' MORE OR LESS TO A POINT; THENCE S 03° 19' 33" W, 23.81' MORE OR LESS TO A POINT; THENCE S 88'45'00" E. 64.78' MORE OR LESS TO A POINT; THENCE N 00° 46' 41" W, 13.61' MORE OR LESS TO A POINT; THENCE N 01° 35' 19" W, 19.09' MORE OR LESS TO A POINT; THENCE N 15° 07' 40" W, 47.96' MORE OR LESS TO A POINT; THENCE N 57° 20'19" W, 79.14' MORE OR LESS TO A POINT; THENCE S 01° 11' 00" E, 32.31' MORE OR LESS TO A POINT; THENCE S 88° 49' 00" W, 41.00' MORE OR LESS TO A POINT; THENCE N 0V I I' 00" W. 59.81' MORE OR LESS TO A POINT; THENCE N 57° 21' 24" W, 18.08' MORE OR LESS TO A POINT; THENCE N 66° 01' 42" W, 42.27' MORE OR LESS TO A POINT; THENCE S 02° 48' 53" W, 15.59' MORE OR LESS TO A POINT; THENCE N 87° 1l' 07" W, 87.87' MORE OR LESS TO A POINT; THENCE N 020 48' 53" E, 41.76' MORE OR LESS TO A POINT; THENCE N 750 03' 17" W, 13.49' MORE OR LESS TO A POINT, SAID POINT BEING LOCATED IN THE EASTERLY RIGHT OF WAY OF GRIMES STREET; THENCE CONTINUING WITH THE EASTERLY RIGHT OF WAY OF GRIMES STREET, THENCE S 05° 55' 28" E, 67.71' MORE OR LESS TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THIS DESCRIPTION AND CONTAINING 16,000.83 SF MORE OR LESS AND ENCOMPASSING THE STREAM BED AND A PORTION OF THE 50' BLUELINE STREAM RIPARIAN BUFFER AS MEASURED FROM THE TOP OF BANK OF THE NOBEL CANAL. This being an easement to the Town for drainage purposes the Town shall have the right to construct, install, operate and maintain upon said described premises drainage facilities in a mariner suitable to the Town, upon, across, under and through said described property within the easement and right -of -way hereinabove described and to utilize the property for the purpose of temporary construction of any of the above facilities and the permanent maintenance of said facilities for the public use with the right to do all things necessary or convenient thereto including, but not limited to, the following: (a) The right of officers, agents, and workmen of the Town and its contractors to go to and from said easement and right -of -way strip at all times over the above described land by such route or routes as shall occasion the least practicable inconvenience to Grantor, including private roads and ways then existing thereon, on foot or by conveyance, with materials, machinery, supplies and equipment as may be desirable; provided that except in emergencies, existing roads and ways thereon shall be used to the extent that they afford ingress and egress to and from the easement and right -of -way strip; and to construct, reconstruct, work upon, repair, alter, inspect and in general do any other thing necessary or convenient to maintain and operate said drainage facilities for the purpose aforesaid; and (b) The right and privilege to enter upon the land described for the purpose of constructing said drainage facilities, and the right and privilege at all times to enter upon the land included in the area of the easement hereinabove described for the maintenance and repair of said drainage facilities; and (c) The right to clear, and keep cleared, from said easement and right -of -way strip all structures (other than ordinary fences, but when Town desires, such fences may be opened and closed or temporarily removed and replaced, or Town may provide suitable gates therein) and all vegetation which may interfere with the drainage facilities herein described and to use (1) chemicals which are not injurious to human beings, domestic animals, fish or game, (2) machinery, and (3) other forms of equipment and devices in so doing; and (d) This deed of easement is given for the initial purpose of constructing and maintaining a drainage system and does not obligate the Town either contractually or in any other fashion to construct and maintain other drainage facilities for which this easement has been granted until such time as the Town in its sole discretion shall deem necessary to install such facilities. In the event that the Town has agreed to install additional drainage facilities upon the property herein granted, such agreement is hereinafter set forth as follows: (1) The structures and appurtenant facilities installed by the Town shall be and remain the property of the Town and may be removed by it at any time and from time to time. (2) Grantor reserves the right to use the lands in and over which the easement and right -of -way rights are hereby granted for all purposes not inconsistent with said easement and right- of-way rights, except that Grantor agrees that (1) no buildings or permanent structures, well, septic tanks, absorption pits, underground or overhead storage tanks, burial plots, or any other obstruction which might interfere with the construction, maintenance and operation of said drainage facilities shall be placed within the area of said strip without the express written permission of the Town; and (2) the Town's drainage facilities shall in no way be interfered with or endangered by the Grantor or . Grantor's heirs, licensees, successors or assigns, without the express written permission of the Town. TO HAVE AND TO HOLD the aforesaid rights, privileges and easements unto the Town, its licensees, successors and assigns forever. And Grantor, for the Grantor and for the Grantor's heirs, executors, administrators, licensees, successors and assigns, covenants with the Town, its licensees, successors and assigns, that Grantor is lawfully seized of the above described land in fee and has the right to convey the said rights, easements and privileges herein described; that the same is free and clear from any and all encumbrances not satisfactory to the Town; that the Town shall have quiet and peaceful possession, use and enjoyment of the aforesaid easement of right -of -way, rights and privileges; that the Grantor shall execute such further assurances thereof as may be required by the Town; and Grantor will forever warrant and defend the title to the said easement of right -of -way, rights and privileges against the lawful claims of all persons whomsoever. The singular shall include the plural and reference to gender shall include masculine, feminine and neuter. 3 IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal, the day and year first above written. GOOD HOPE FREE WILL BAPTIST CHURCH BY: BORIS G. BARRETT, SR., Chaiinlan Y THURMAN 1AIMTOSH, CoZhainnan STATE OF NORTH CAROLINA COUNTY OF PITT I, Ru thma r i e M. Dempsey ' a Notary Public in and for the aforesaid County and State do hereby certify that BORIS G. BARRETT, SR., Trustee of GOOD HOPE FREE WILL BAPTIST CHURCH, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my and hand and notarial seal, this the 16 tb day of November, 2011. i Y n" Ac M. i -A awry Pubii Mitt County, N'C My Co wak aim Eapkm July -4, 2012 Notary Public My Commission Expires: July 4, 2012 STATE OF NORTH CAROLINA COUNTY OF PITT I, Rutbmarie M. Dempsey , a Notary Public in and for the aforesaid County and State do hereby certify that THURMAN L. MCINTOSH, Trustee of GOOD HOPE FREE WILL BAPTIST CHURCH, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my and hand and notarial seal, this the 16th day of November, 2011. .t, o knl'.irie M. Dt--,v.!,vey .at�ry Pta�li:. Pitt County, NC My co unhalm Expires July 4,210 12 Notary Public ' My Commission Expires: July 4, 2012 4 � 1111111111111 f1111111111111111111111111111111111i11 11111 �lll 11111 11111 II I III Doc ID: oIJ123920005 Type: CRP Recorded: 02/29/2012 at 12:06:45 PM Fee Amt: $26.00 Page 1 of 5 Revenue Tax: $0.00 Pitt County, NO Deborah T Barrington REG OF DEEDS BK2946PG561 -565 Prepared by •Fl „ _ & Return to: E. Keen Lassiter'" STATE OF NORTH CAROLINA COUNTY OF PITT TOWN OF WINTERVILLE GRANT OF DRAINAGE EASEMENT This Easement made and entered into this they day of October, 2011 by and between EVELYN W. HAGANS, widow, of Wilson County, North Carolina, EVANGELINE W. NORFLEET and husband, WILLIAM NORFLEET, of Pitt County, North Carolina and FRANCES W. BLOUNT and husband, MARVIN R. BLOUNT, of Pitt County, North Carolina (hereinafter "Grantor "), parry of the first part, and the TOWN OF WINTERVILLE, a North Carolina Municipal Corporation organized and existing imder the laws of the State of North Carolina in Pitt County, North Carolina (hereinafter "Town "), party of the second part. WITNESSETH: Whereas Grantor owns that certain parcel lying in the Township of Winterville described in Deed Book E -26, Page 146, in the office of the Register of Deeds of Pitt County; and whereas Grantor now wishes to convey to the Town a grant of drainage easement and right -of -way (hereinafter referred to as "drainage facilities "). And whereas the Town has agreed to accept this grant of easement and right -of -way for drainage facilities for the purpose of installing one or more of the service facilities designated for drainage purposes; Now therefore, for and in consideration of the sum of One Dollar ($1.00) and other valuable considerations to Grantor in hand paid, Grantor does hereby give, grant and convey unto the Town, its licensees, successors, and assigns, the right, privilege and easement to go in, through, under and upon the lands of Grantor located in Winterville Township, Pitt County, North Carolina, and more particularly described as follows: COMMENCING AT A POINT, SAID POINT BEING LOCATED IN THE WESTERLY RIGHT OF WAY OF MILL STREET, SAID POINT ALSO BEING THE MOST SOUTHEASTERLY CORNER OF IAJI�L Y DESCRIBED HDD BOOK E26 PAGE 146 OF THE PITT CO LEAVING THE WESTERLY RIGHT OF WAY OF MILL STREET, N 89° 10' 55" W, 37.49' MORE OR LESS TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 89° 10' 55" W, 62.79' MORE OR ]LESS TO A POINT; THENCE N 03" 19' 33" E, 9$.45' MORE OR LESS TO A POINT; THENCE S 88° 45' 00" E, 64.78' MORE OR 1 LESS TO A POINT; THENCE S 00° 46' 41" E, 2.26' MORE OR LESS TO A POINT; THENCE S 03° 50' 36" W, 9.52' MORE OR LESS TO A POINT; THENCE N 890 10'55" W, 28.86' MORE OR LESS TO A POINT; THENCE S 00° 49' 05" W, 71.70' MORE OR LESS TO A POINT; THENCE N 88° 56' 43" E, 25.13' MORE OR LESS TO A POINT; THENCE S 08° 43' 07" W, 15.37' MORE OR LESS TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THIS DESCRIPTION AND CONTAINING 4398.90 SF MORE OR LESS AND ENCOMPASSING THE STREAM BED AND A PORTION OF THE 50' BLUE LINE STREAM RIPARIAN BUFFER AS MEASURED FROM THE TOP OF BANK OF THE NOBEL CANAL. This being an easement to the Town for drainage purposes the Town shall have the right to construct, install, operate and maintain upon said described premises drainage facilities in a manner suitable to the Town, upon, across, -under and through said described property within the easement and right -of -way hereinabove described and to utilize the property for the purpose of temporary construction of any of the above facilities and the permanent maintenance of said facilities for the public use with the right to do all things necessary or convenient thereto including, but not limited to, the following: (a) The right of officers, agents, and workmen of the Town and its contractors to go to and from said easement and right -of -way strip at all times over the above described land by such route or routes as shall occasion the least practicable inconvenience to Grantor, including private roads and ways then existing thereon, on foot or by conveyance, with materials, machinery, supplies and equipment as may be desirable; provided that except in emergencies, existing roads and ways thereon shall be used to the extent that they afford ingress and egress to and from the easement and right -of -way strip; and to construct, reconstruct, work upon, repair, alter, inspect and in general do any other thing necessary or convenient to maintain and operate said drainage facilities for the purpose aforesaid; and (b) The right and privilege to enter upon the land described for the purpose of constructing said drainage facilities, and the right and privilege at all times to enter upon the land included in the area of the easement hereinabove described for the maintenance and repair of said drainage facilities; and (c) The right to clear, and keep cleared, from said easement and right -of -way strip all structures (other than ordinary fences, but when Town desires, such fences may be opened and closed or temporarily removed and replaced, or Town may provide suitable gates therein) and all vegetation which may interfere with the drainage facilities herein described and to use (1) chemicals which are not injurious to human beings, domestic animals, fish or game, (2) machinery, and (3) other forms of equipment and devices in so doing, and (d) This deed of easement is given for the initial purpose of constructing and maintaining a drainage system and does not obligate the Town either contractually or in any other fashion to construct and maintain other drainage facilities for which this easement has been granted until such time as the Town in its sole discretion shall deem necessary to install such facilities. In the event that the Town has agreed to install additional drainage facilities upon the property herein granted, such agreement is hereinafter set forth as follows: 2 (1) The structures and appurtenant facilities installed by the Town shall be and remain the property of the Town and may be removed by it at any time and from time to time. (2) Grantor reserves the right to use the lands in and over which the easement and right -of -way rights are hereby granted for all purposes not inconsistent with said easement and right -of -way rights, except that Grantor agrees that (1) no buildings or permanent structures, well, septic tanks, absorption pits, underground or overhead storage tanks, burial plots, or any other obstruction which might interfere with the construction, maintenance and operation of said drainage facilities shall be placed within the area of said strip without the express written permission of the Town; and (2) the Town's drainage facilities shall in no way be interfered with or endangered by the Grantor or Grantor's heirs, licensees, successors or assigns, without the express written permission of the Town. TO HAVE AND TO HOLD the aforesaid rights, privileges and easements unto the Town, its licensees, successors and assigns forever. And Grantor, for the Grantor and for the Grantor's heirs, executors, administrators, licensees, successors and assigns, covenants with the Town, its licensees, successors and assigns, that Grantor is lawfully seized of the above described land in fee and has the right to convey the said rights, easements and privileges herein described; that the same is free and clear from any and all encumbrances not satisfactory to the Town; that the Town shall have quiet and peaceful possession, use and enjoyment of the aforesaid easement of right -of -way, rights and privileges; that the Grantor shall execute such firrther assurances thereof as may be required by the Town; and Grantor will forever warrant and defend the title to the said easement of right -of -way, rights and privileges against the lawful claims of all persons whomsoever. The singular shall include the plural and reference to gender shall include masculine, feminine and neuter. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the day and year first above written. UALLlw,j, `11 t? , , i (SEAL) EVELYN . H GAMS STATE OF NORTH CAROLINA COUNTY OF P i+ �-- 1, V) ie,,: jha b. Ch(A- a Notary Public of the aforesaid County and State, hereby certify that EVELYN W. HAGANS personally appeared before me this day and acknowledged the due execution of the foregoing instrumenor the purposes therein expressed. Witness my and hand and notarial seal, this the 9$ day of October, 2411. • ,�4�� N tary Public My Commission Expires: 2b t l "+• a1V b a ,0 a r 3 i PUBLIC (SEAL) VANG INE W. NORFL jjJ/ ILLIAM NORFLEET STATE OF NORTH CAROLINA COUNTY OFt -�- 1, Ne-z5ba B. U a u l s , a Notary Public of the aforesaid County and State, hereby certify that EVANGELINE W. NORFLEET personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my and hand and notarial seal, this the 'day of October, 2011. Notary Public My Commission Expires: , a 0 l STATE OF NORTH CAROLINA ����V�L',. {,�4b COUNTY OF J-I- --fit_" I, Vkska-- -R• C kau l!S� , a Notary Public of the aforesaid County and State, hereby certify that WILLIAM NORFLEET personally appeared before me this day and aekmwledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my and hand and notarial seal, this the ��' day of October, 2011. OtAj�' No ry Public My Commission Expires: 1 j :k, ��°° o� e 3 � 9 4 111111111111111 IIIII 1111111iIN11ll IIIII IINI IIIII IIIII IIIII1Illli llll llll Recorded: 02%29%2032OatT12e07 08 PM Fee Amt: $26.00 Page 1 of 3 Revenue Tax: $0.00 Pitt County, NO Deborah T Barrington REG OF DEEDS SK2946 PG566 -568 Prepared by & Return to: E. Keen Lassiter STATE OF NORTH CAROLINA COUNTY OF PITT TOWN OF WINTERVILLE GRANT OF DRAINAGE EASEMENT This Easement made and entered into this the �Oday of October, 2011 by and between SHIRLEY C. WILLIAMS, widow, of Pitt County, North Carolina (hereinafter "Grantor "), party of the first part, and the TOWN OF WINTERVILLE, a North Carolina Municipal Corporation organized and existing under the laws of the State of North Carolina in Pitt County, North Carolina (hereinafter "Town "), party of the second part. WITNESSETH: Whereas Grantor owns that certain parcel lying in the Township of Winterville described in Deed Book U -20, Page 143, in the office of the Register of Deeds of Pitt County; and whereas Grantor now wishes to convey to the Town a grant of drainage easement and right -of -way (hereinafter referred to as "drainage facilities "). And whereas the Town has agreed to accept this grant of easement and right -of -way for drainage facilities for the purpose of installing one or more of the service facilities designated for drainage purposes; Now therefore, for and in consideration of the sum of One Dollar ($1.00) and other valuable considerations to Grantor in hand paid, Grantor does hereby give, grant and convey Limo the Town, its licensees, successors, and assigns, the right, privilege and easement to go in, through, under and upon the lands of Grantor located in Winterville Township, Pitt County, North Carolina, and more particularly described as follows: BEGINNING AT A POINT, SAID POINT BEING LOCATED IN THE WESTERLY RIGHT OF WAY OF MILL STREET, SAID POINT ALSO BEING THE MOST SOUTHEASTERLY CORNER OF A LOT DESCRIBED IN DEED BOOK U20 PAGE 143 OF THE PITT COUNTY REGISTRY; THENCE CONTINUING WITH THE WESTERLY RIGHT OF WAY OF MILL STREET, N 000 18' 43" W, 32.06' MORE OR LESS TO A POINT; THENCE LEAVING THE WESTERLY RIGHT OF WAY OF MILL STREET, S 89° 43' 21" W, 57.53' MORE OR LESS TO A POINT; THENCE N 01' 45' 05" E, 41.63' MORE OR LESS TO A POINT; THENCE N 89° 43' 21" E, 13.14' MORE OR LESS TO A POINT; THENCE N 08° 43' 31" E, 34046' MORE OR LESS TO A POINT; THENCE N 89° 10' 55" W, 62.79' MORE OR LESS TO A POINT; THENCE S 03° 19' 33" W, 66.43' MORE OR LESS TO A POINT; THENCE t S 14° 24' 30" E, 34.68' MORE OR LESS TO A POINT; THENCE S 84° 56' 29" E, 96.45' MORE OR LESS TO A POINT, SAID POINT BEING LOCATED IN THE WESTERLY RIGHT OF WAY OF MILL STREET, SAID POINT ALSO BEING THE POINT OF BEGINNING OF THIS DESCRIPTION AND CONTAINING 6776.34 SF MORE OR LESS AND ENCOMPASSING THE STREAM BED AND A PORTION OF THE 50' BLUE LINE STREAM RIPARIAN BUFFER AS MEASURED FROM THE TOP OF BANK OF THE NOBEL CANAL. This being an easement to the Town for drainage purposes the Town shall have the right to construct, install, operate and maintain upon said described premises drainage facilities in a manner suitable to the Town, upon, across, under and through said described property within the easement and right-of-way hereinabove described and to utilize the property for the purpose of temporary construction of any of the above facilities and the permanent maintenance of said facilities for the public use with the right to do all things necessary or convenient thereto including, but not limited to, the following: (a) The right of officers, agents, and workmen of the Town and its contractors to go to and from said easement and right -of -way strip at all tines over the above described land by such route or routes as shall occasion the least practicable inconvenience to Grantor, including private roads and ways then existing thereon, on foot or by conveyance, with materials, machinery, supplies and equipment as may be desirable; provided that except in emergencies, existing roads and ways thereon shall be used to the extent that they afford ingress and egress to and from the easement and right -of -way strip; and to construct, reconstruct, work upon, repair, alter, inspect and in general do any other thing necessary or convenient to maintain and operate said drainage facilities for the purpose aforesaid; and (b) The right and privilege to enter upon the land described for the purpose of constructing said drainage facilities, and the right and privilege at all times to enter upon the land included in the area of the easement hereinabove described for the maintenance and repair of said drainage facilities; and (c) The right to clear, and keep cleared, from said easement and right -of -way strip all structures (other than ordinary fences, but when Town desires, such fences may be opened and closed or temporarily removed and replaced, or Town may provide suitable gates therein) and all vegetation which may interfere with the drainage facilities herein described and to use (1) chemicals which are not injurious to human beings, domestic animals, fish or game, (2) machinery, and (3) other forms of equipment and devices in so doing; and (d) This deed of easement is given for the initial purpose of constructing and maintaining a drainage system and does not obligate the Town either contractually or in any other fashion to construct and maintain other drainage facilities for which this easement has been granted until such time as the Town in its sole discretion shall deem necessary to install such facilities. In the event that the Town has agreed to install additional drainage facilities upon the property herein granted, such agreement is hereinafter set forth as follows: 2 (1) The structures and appurtenant facilities installed by the Town shall be and remain the property of the Town and may be removed by it at any time and from time to time. (2) Grantor reserves the right to use the lands in and over which the easement and right -of -way rights are hereby granted for all purposes not inconsistent with said easement and right -of -way rights, except that Grantor agrees that (1) no buildings or permanent structures, well, septic tanks, absorption pits, underground or overhead storage tanks, burial plots, or any other obstruction which might interfere with the construction, maintenance and operation of said drainage facilities shall be placed within the area of said strip without the express written permission of the Town; and (2) the Town's drainage facilities shall in no way be interfered with or endangered by the Grantor or Grantor's heirs, licensees, successors or assigns, without the express written permission of the Town. TO HAVE AND TO HOLD the aforesaid rights, privileges and easements unto the Town, its licensees, successors and assigns forever. And Grantor, for the Grantor and for the Grantor's heirs, executors, administrators, licensees, successors and assigns, covenants with the Town, its licensees, successors and assigns, that Grantor is lawfully seized of the above described land in fee and has the right to convey the said rights, easements and privileges herein described; that the same is free and clear from any and all encumbrances not satisfactory to the Town; that the Town shall have quiet and peaceful possession, use and enjoyment of the aforesaid easement of right -of -way, rights and privileges; that the Grantor shall execute such further assurances thereof as may be required by the Town; and Grantor will forever warrant and defend the title to the said easement of right -of -way, rights and privileges against the lawful claims of all persons whomsoever. The singular shall include the plural and reference to gender shall include masculine, feminine and neuter. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal, the day and year first above written. (SEAL) SHIRLEY C. ILLIAMS STATE OF NORTH CAROLINA COUNTY OF PITT I, Rutlunarie M. Dempsey, a Notary Public of the aforesaid County and State, hereby certify that SHIRLEY C. WILLIAMS personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my and hand and notarial seal, this the day of October, 2011. Notary Public Pitt County, NC My Cwur sdw Expires July 4, W12 My Commission Expires: Notary Public 3 IIIIIIII111111IIIIIIIl 1111111111VIIIVIIIIINIIIII lVIIIVIIIVIIIIIIIl11111111 Doc YD: 011216550004 Type: CRP Recorded: 04/27/2012 at 03:29:17 PM Fee Amt: $26.00 Page I of 4 Revenue Tax: $0.00 Pitt County, NC Deborah T Barrington REG OF DEEDS EK2965Pa620-623 Prepared by & Return to: E. Keen Lassiter NORTH CAROLINA PITT COUNTY No title examination performed nor opinion rendered on the property described herein. TOWN OF WINTERVILLE GRANT OF DRAINAGE EASEMENT This deed of easement made and entered into this the & day of April, 2012 by and between GATEWAY CHRISTIAN CENTER OF GREENVILLE, INCORPORATED (also known as Gateway Christian Center), a North Carolina corporation with its principal office in Pitt County, North Carolina (hereinafter "Grantor "), party of the first part, and the TOWN OF WINTERVILLE, a North Carolina Municipal Corporation organized and existing under the laws of the State of North Carolina in Pitt County, North Carolina (hereinafter "Town "), party of the second part. WITNESSETH: Whereas Grantor owns that certain parcel lying in the Township of Winterville described in Deed Book 1294, Page 570, in the office of the Register of Deeds of Pitt County; and whereas Grantor now wishes to convey to the Town a grant of drainage easement and right -of -way (hereinafter referred to as "drainage facilities "). And whereas the Town has agreed to accept this grant of easement and right -of -way for drainage facilities for the purpose of installing one or more of the service facilities designated for drainage purposes; Now therefore, for and in consideration of the sum of One Dollar ($1.00) and other valuable considerations to Grantor in hand paid, Grantor does hereby give, grant and convey unto the Town, its licensees, successors, and assigns, the right, privilege and easement to go in, through, under and upon the lands of Grantor located in Winterville Township, Pitt County, North Carolina, and more particularly described as follows: COMMENCING AT A POINT, SAID POINT BEING LOCATED IN THE EASTERLY RIGHT OF WAY OF CHAPMAN STREET, SAID POINT ALSO BEING THE MOST SOUTHWESTERLY CORNER OF A LOT RECORDED IN DEED BOOK Z 33 PAGE 253 OF THE PITT COUNTY REGISTRY, THENCE LEAVING THE EASTERLY RIGHT OF WAY OF CHAPMAN STREET N 880 21'41" E, 59.10' MORE OR LESS TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 01° 38' 19" W, 70.26' MORE OR LESS TO A POINT; THENCE S 56° 05' 41" E, 35.40' MORE OR LESS TO A POINT; THENCE S 63° 00' 08" E, 11.92' 1 ..j MORE OR LESS TO A POINT; THENCE S 75° 57' 04" E, 24.15' MORE OR LESS TO A POINT; THENCE S 63° 52' 42" E, 27.84' MORE OR LESS TO A POINT; THENCE S 58° 52' 47" E, 59.51' MORE OR LESS TO A POINT; THENCE S 530 59' 50" E, 19.01' MORE OR LESS TO A POINT; THENCE S 350 13' 37" E, 51.57'MORE OR LESS TO A POINT; THENCE S 220 07' 18" E, 12.39' MORE OR LESS TO A POINT; THENCE S 0$° 46' 44" E, 22.38' MORE OR LESS TO A POINT; THENCE S 10° 40' 42" E, 9.46' MORE OR LESS TO A POINT; THENCE S 17° 29' 15" E, 24.15' MORE OR LESS TO A POINT; THENCE S 29° 45' 48" E, 12.31' MORE OR LESS TO A POINT; THENCE S 32° 56' 53" E, 90.88' MORE OR LESS TO A POINT; THENCE S 48° 56' 22" E, 23.65' MORE OR LESS TO A POINT; THENCE S 70° 50' 05" E, 32.16' MORE OR LESS TO A POINT; THENCE S 47'58'24"E, 22.13' MORE OR LESS TO A POINT; THENCE S 68° 24' 12" E, 59.59' MORE OR LESS TO A POINT; THENCE S 82° 41' 05" E, 11.80' MORE OR LESS TO A POINT; THENCE S 710 27' 04" E, 62.76' MORE OR LESS TO A POINT; THENCE S 63° 13'04" E, 43.62' MORE OR LESS TO A POINT; THENCE S 54° 57' 54" E, 37.39' MORE OR LESS TO A POINT; THENCE S 57° 50' 24" E, 61.55' MORE OR LESS TO A POINT; THENCE S 66° 47' 28" E, 19.05' MORE OR LESS TO A POINT; THENCE S 220 47' 22" E, 16.91' MORE OR LESS TO A POINT; THENCE S 030 19'33" W, 188.69' MORE OR LESS TO A POINT; THENCE S 140 24' 30" E, 34.68' MORE OR LESS TO A POINT; THENCE S 48° 39' 41" W, 66.48' MORE OR LESS TO A POINT; THENCE N 14° 36' 17" W, 75.62' MORE OR LESS TO A POINT; THENCE N 03° 19' 33" E, 167.89' MORE OR LESS TO A POINT; THENCE N 56° 29' 57" W, 109.63' MORE OR LESS TO A POINT; THENCE N 71° 41' 05" W, 124.42' MORE OR LESS TO A POINT; THENCE N 630 44' 17" W, 108.81' MORE OR LESS TO A POINT; THENCE N 34° 12' 25" W, 149.44' MORE OR LESS TO A POINT; THENCE N 12° 23' 12" W, 49.45' MORE OR LESS TO A POINT; THENCE N 270 59' 20" W, 33.76' MORE OR LESS TO A POINT; THENCE N 55° 44' 13" W, 68.38' MORE OR LESS TO A POINT; THENCE N 73° 35' 23" W, 38.33' MORE OR LESS TO A POINT; THENCE WITH THE ARC OF A CURVE HAVING A RADIUS OF 64.00' TO THE RIGHT A CHORD DISTANCE OF 31.48' MORE OR LESS TO A POINT; THENCE N 88'21'41" E, 6.47' MORE OR LESS TO A POINT, SAID POINT BEING THE POINT OF BEGINNING AND CONTAINING 60,021 SF MORE OR LESS AND ENCOMPASSING THE STREAM BED AND A 50 FOOT BLUE LINE STREAM RIPARIAN BUFFER AS MEASURED FROM TOP OF BANK OF THE NOBEL CANAL. Subject to obtaining the requisite approvals of county, state and federal agencies, Town agrees to remove any trees, shrubs and other vegetation which interferes with this drainage easement. This being an easement to the Town for drainage purposes the Town shall have the right to construct, install, operate and maintain upon said described premises drainage facilities in a manner suitable to the Town, upon, across, under and through said described property within the easement and right -of -way hereinabove described and to utilize the property for the purpose of temporary construction of any of the above facilities and the permanent maintenance of said facilities for the public use with the right to do all things necessary or convenient thereto including, but not limited to, the following: (a) The right of officers, agents, and workmen of the Town and its contractors to go to and from said easement and right -of -way strip at all times over the above described land by such route or routes as shall occasion the least practicable inconvenience to Grantor, including private roads and ways then existing thereon, on foot or by conveyance, with materials, machinery, 2 supplies and equipment as may be desirable; provided that except in emergencies, existing roads and ways thereon shall be used to the extent that they afford ingress and egress to and from the easement and right -of -way strip; and to construct, reconstruct, work upon, repair, alter, inspect and in general do any other thing necessary or convenient to maintain and operate said drainage facilities for the purpose aforesaid; and (b) The right and privilege to enter upon the land described for the purpose of constructing said drainage facilities, and the right and privilege at all times to enter upon the land included in the area of the easement hereinabove described for the maintenance and repair of said drainage facilities; and (c) The right to clear, and keep cleared, from said easement and right -of -way strip all structures (other than ordinary fences, but when Town desires, such fences may be opened and closed or temporarily removed and replaced, or Town may provide suitable gates therein) and all vegetation which may interfere with the drainage facilities herein described and to use (1) chemicals which are not injurious to human beings, domestic animals, fish or game, (2) machinery, and (3) other forms of equipment and devices in so doing; and (d) This deed of easement is given for the initial purpose of constructing and maintaining a drainage system and does not obligate the Town either contractually or in any other fashion to construct and maintain other drainage facilities for which this easement has been granted until such time as the Town in its sole discretion shall deem necessary to install such facilities. In the event that the Town has agreed to install additional drainage facilities upon the property herein granted, such agreement is hereinafter set forth as follows: (1) The structures and appurtenant facilities installed by the Town shall be and remain the property of the Town and may be removed by it at any time and from time to time. (2) Grantor reserves the right to use the lands in and over which the easement and right -of -way rights are hereby granted for all purposes not inconsistent with said easement and right -of -way rights, except that Grantor agrees that (1) no buildings or permanent structures, well, septic tanks, absorption pits, underground or overhead storage tanks, burial plots, or any other obstruction which might interfere with the construction, maintenance and operation of said drainage facilities shall be placed within the area of said strip without the express written permission of the Town; and (2) the Town's drainage facilities shall in no way be interfered with or endangered by the Grantor or Grantor's heirs, licensees, successors or assigns, without the express written permission of the Town. TO HAVE AND TO HOLD the aforesaid rights, privileges and easements unto the Town, its licensees, successors and assigns forever. And Grantor, for the Grantor and for the Grantor's heirs, executors, administrators, licensees, successors and assigns, covenants with the Town, its licensees, successors and assigns, that Grantor is lawfully seized of the above described land in fee and has the right to convey the 11 said rights, easements and privileges herein described; that the same is free and clear from any and all encumbrances not satisfactory to the Town; that the Town shall have quiet and peaceful possession, use and enjoyment of the aforesaid easement of right -of -way, rights and privileges; that the Grantor shall execute such further assurances thereof as may be required by the Town; and Grantor will forever warrant and defend the title to the said easement of right -of -way, rights and privileges against the lawfiil claims of all persons whomsoever. The singular shall include the plural and reference to gender shall include masculine, feminine and neuter. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal, the day and year first above written. GATEWAY CHRISTIAN CENTER OF GREENVILLE,1NjCORPORAT BY: i'f li, it w (SEAL) ARTHUR J. D LLA O, President STATE OF NORTH A, R INA COUNTY OF I, , a Notary Public of the aforesaid County and State, hereby certify that ART . DELLANO personally appeared before me this day and acknowledged that he is President of Gateway Christian Center of Greenville, Incorporated, a non - profit corporation, and that he as President, being authorized to do so, executed the foregoing on behalf of the corporation. Witness my and hand and notarial seal, this the — D day of April, 2012. N- otary Public My Commission Expires: 6!::(�f 2. W. do� , �.o ,.,.s,i000 4 I1111111118111111111NII {I11111IIIINIII {V1II {1111 IINI Illll Ilill III {I Iill IIII Doc ID: 011276060003 TVPe: CRP RecoAmt�'$26/00 /Page 1tof2304:24 PM Revenue Tax: $0.00 Deborah U TtBartrington REG OF DEEDS SK29 t % 8 PQ3 07 -309 Prepared by & Return to: E. Keen Lassiter STATE OF NORTH CAROLINA COUNTY OF PITT TOWN OF WINTERVILLE GRANT OF DRAINAGE EASEMENT This Easement made and entered into this the 4th day of June, 2012 by and between SHIRLEY C. WILLIAMS as General Guardian for HATTIE CARMON, both of Pitt County, North Carolina (hereinafter "Grantor "), party of the first part, and the TOWN OF WINTER.VILLE, a North Carolina Municipal Corporation organized and existing under the laws of the State of North Carolina in Pitt County, North Carolina (hereinafter "Town "), party of the second part. WITNESSETH: Whereas Grantor owns that certain parcel lying in the Township of Winterville described in Deed Book U -20, Page 143, in the office of the Register of Deeds of Pitt County; and whereas Grantor now wishes to convey to the Town a grant of drainage easement and right -of -way (hereinafter referred to as "drainage facilities "). And whereas the Town has agreed to accept this grant of easement and right -of -way for drainage facilities for the purpose of installing one or more of the service facilities designated for drainage purposes; Now therefore, for and in consideration of the sum of One Dollar ($1.00) and other valuable considerations to Grantor in hand paid, Grantor does hereby give, grant and convey unto the Town, its licensees, successors, and assigns, the right, privilege and easement to go in, through, under and upon the Iands of Grantor located in Winterville Township, Pitt County, North Carolina, and more particularly described as follows: BEGINNING AT A POINT, SAID POINT BEING LOCATED IN THE WESTERLY RIGHT OF WAY OF MILL STREET, SAID POINT ALSO BEING THE MOST SOUTHEASTERLY CORNER OF A LOT DESCRIBED IN DEED BOOK U20 PAGE 143 OF THE PITT COUNTY REGISTRY; THENCE CONTINUING WITH THE WESTERLY RIGHT OF WAY OF MILL STREET, N 00° 18' 43" W, 32.06' MORE OR LESS TO A POINT; THENCE LEAVING THE WESTERLY RIGHT OF WAY OF MILL STREET, S 89° 43' 21" W, 57.53' MORE OR LESS TO A POINT; THENCE N 01° 45' 05" E, 41.63' MORE OR LESS TO A POINT; THENCE N 89° 43' 21" E, 13.14' MORE OR LESS TO A POINT; THENCE N 08° 43' 31" E. 34046' MORE OR LESS TO A 5 POINT; THENCE N 89° 10' 55" W, 62.79' MORE OR LESS TO A POINT; THENCE S 030 19' 33"W, 66.43' MORE OR LESS TO A POINT; THENCE S 14° 24' 30" E, 34.68' MORE OR LESS TO A POINT; THENCE S 84° 56' 29" E, 96.45' MORE OR LESS TO A POINT, SAID POINT BEING LOCATED IN THE WESTERLY RIGHT OF WAY OF MILL STREET, SAID POINT ALSO BEING THE POINT OF BEGINNING OF THIS DESCRIPTION AND CONTAINING 6776.34 SF MORE OR LESS AND ENCOMPASSING THE STREAM BED AND A PORTION OF THE 50' BLUE LINE STREAM RIPARIAN BUFFER AS MEASURED FROM THE TOP OF BANK OF THE NOBEL CANAL. This being an easement to the Town for drainage purposes the Town shall have the right to construct, install, operate and maintain upon said described premises drainage facilities in a manner suitable to the Town, upon, across, under and through said described property within the easement and right -of -way hereinabove described and to utilize the property for the purpose of temporary construction of any of the above facilities and the permanent maintenance of said facilities for the public use with the right to do all things necessary or convenient thereto including, but not limited to, the following: (a) The right of officers, agents, and workmen of the Town and its contractors to go to and from said easement and right -of -way strip at all times over the above described land by such route or routes as shall occasion the least practicable inconvenience to Grantor, including private roads and ways then existing thereon, on foot or by conveyance, with materials, machinery, supplies and equipment as may be desirable; provided that except in emergencies, existing roads and ways thereon shall be used to the extent that they afford ingress and egress to and from the easement and right -of -way strip; and to construct, reconstruct, work upon, repair, alter, inspect and in general do any other thing necessary or convenient to maintain and operate said drainage facilities for the purpose aforesaid; and (b) The right and privilege to enter upon the land described for the purpose of constructing said drainage facilities, and the right and privilege at all times to enter upon the land included in the area of the easement hereinabove described for the maintenance and repair of said drainage facilities; and (c) The right to clear, and keep cleared, from said easement and right -of -way strip all structures (other than ordinary fences, but when Town desires, such fences may be opened and closed or temporarily removed and replaced, or Town may provide suitable gates therein) and all vegetation which may interfere with the drainage facilities herein described and to use (1) chemicals which are not injurious to human beings, domestic animals, fish or game, (2) machinery, and (3) other forms of equipment and devices in so doing; and (d) This deed of easement is given for the initial purpose of constructing and maintaining a drainage system and does not obligate the Town either contractually or in any other fashion to construct and maintain other drainage facilities for which this easement has been granted until such time as the Town in its sole discretion shall deem necessary to install such facilities. In the event that the Town has agreed to install additional drainage facilities upon the property herein granted, such agreement is hereinafter set forth as follows: 2 (1) The structures and appurtenant facilities installed by the Town shall be and remain the property of the Town and may be removed by it at any time and from time to time. (2) Grantor reserves the right to use the lands in and over which the easement and right -of -way rights are hereby granted for all purposes not inconsistent with said easement and right -of -way rights, except that Grantor agrees that (1) no buildings or permanent structures, well, septic tanks, absorption pits, underground or overhead storage tanks, burial plots, or any other obstruction which might interfere with the construction, maintenance and operation of said drainage facilities shall be placed within the area of said strip without the express written permission of the Town; and (2) the Town's drainage facilities shall in no way be interfered with or endangered by the Grantor or Grantor's heirs, licensees, successors or assigns, without the express written permission of the Town. TO HAVE AND TO HOLD the aforesaid rights, privileges and easements unto the Town, its licensees, successors and assigns forever. And Grantor, for the Grantor and for the Grantor's heirs, executors, administrators, licensees, successors and assigns, covenants with the Town, its licensees, successors and assigns, that Grantor is lawfully seized of the above described land in fee and has the right to convey the said rights, easements and privileges herein described; that the same is free and clear from any and all encumbrances not satisfactory to the Town; that the Town shall have quiet and peaceful possession, use and enjoyment of the aforesaid easement of right -of -way, rights and privileges; that the Grantor shall execute such further assurances thereof as may be required by the Town; and Grantor will forever warrant and defend the title to the said easement of right -of -way, rights and privileges against the lawful claims of all persons whomsoever. The singular shall include the plural and reference to gender shall include masculine, feminine and neuter. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal, the day and year first above written. •L-4e _ f r ) l V C� (SEAL) SHIRLEY C. ILLIAMS, as General Guardian for HATTIE CARMON STATE OF NORTH CAROLINA COUNTY OF PITT I, Ruthmarie M. Dempsey, a Notary Public of the aforesaid County and State, hereby certify that SHIRLEY C. WILLIAMS personally appeared before me this day and acknowledged the due execution of the foregoing instrument in the capacity indicated for the purposes therein expressed. Witness my and hand and notarial seal, this the 4"' day of June, 2012. RUTHMARIE M. DEMPSEY Notary Public, North Carolina / Pitt County G My Commission Expires _______ Notary Public t My Commission Expires: July 4, 2012 ATTACHMENT 5. PROPOSED EAROSION & SEDEMENTATI ON CONTROL PLAN o� \NP BENL,y� QQ PKMOI1� z r z 92 NC #C -0262 ` ?U s�FNVIt�- �.Q�P == URVEYORS PROPOSED EROSION AND SEDIMENTATION CONTROL PLAN FOR NOBEL CANAL PROJECT July 16, 2012 Rp 4 36 vft O� IN��.• :•�� W;�H�. NOBEL CANAL PROJECT is proposed to be built on, to be disturbed, 1.64 acre of land on each side of the Nobel Canal beginning on the west side of Mill Street and proceding westwardly 620 linear feet with the canal to Grimes Street within the Town of Winterville, NC. The site is presently a open ditch with cultivated farm on the South side and residential yards on the North Side.. Improvements to the property will consist tiling the open ditch with a two barrel 60 inch diameter pipe. The area to be disturbed is approximately 115 feet wide and 620 feet long for which the Town has drainage easements. The ditch will be filled and the disturbed area graded to drain into the catch basins. The disturbed area will be planted as per this plan. This plan was prepared by Carolina Benchmark Engineers- Surveyors- Planners, Inc. As Engineers for the Town of Winterville, NC. All correspondence concerning this should be sent to Carolina Benchmark, 102 Oakmont Drive, Greenville, NC 27858 or by telephone at (252) 756 -8440. The area to be disturbed during the construction process is within the raprian buffer. A permit for this is being applied for. Only drainage structures will be constructed. Erosion and sedimentation practices will be installed and carried out as shown on the enclosed Erosion and Sedimentation Control Plan. Work on this portion of the development is planned to begin in the Spring of 2013. The land disturbing activity to take place on the property will be the ditch and grading the adjacent areas to drain to the drainage structures. The total land area to be disturbed by construction will be less than 1.64 shown above. Construction on the sites will consist of: 1. Silt fences shall be erected as shown on the plans to prevent silt from entering any new or existing drainage structures and to prevent silt from entering wetlands or adjacent properties. 2. 3. Topsoil and soil removed from the grading process will be stockpiled and replaced to protect the existing ditches as much as possible, and seeded. Ground cover must be established on all graded slopes and fills within 15 1 working days or 30 calendar days which ever is sooner. All temporary and permanent erosion control devices and structures shall be built in strict accordance with the plans. All temporary erosion control devices or structures will be inspected immediately after each significant rainfall and in no case less than weekly. The devices will be maintained in a good working order throughout. Sediment will not be allowed to accumulate in front of erosion control devices to more than 15% of their original height. Rip rap and gravel filters and silt fences will be installed at the locations indicated on the enclosed plan as temporary erosion control devices and maintained until grass has developed to at least 90% cover. Once good cover has been established the temporary structures can be removed to assure adequate flows. Notes: 1_. No land disturbing activity beyond that required to install appropriate erosion control measures, may proceed until erosion control measures are inspected and approved by the County of Pitt. 2. Scheduling of a preconstruction conference with the erosion control inspector is required prior to initiating land disturbing activities. 3. Seed or otherwise provide ground cover devices or structures sufficient to restrain erosion for all exposed slopes within 15 working days of completion of any phase of grading. 4. Contractor shall inspect and maintain as needed all erosion control devices on a weekly basis and after each major storm event. Failure to keep erosion control devices in good working order may result in issuance of a stop work order or civil penalties up to $500.00 per day of violation. 5. The County of Pitt and /or NC DENR reserves the right to require additional erosion control measures should the plan or its implementation prove to be inadequate. 6. The total proposed and existing impervious area on the site is to be 0.00, compared to 1.64 ac total site area, therefore the site would be exempt to the storm water retention rule. 2 SCHEDULE FOR SEEDING PERMANENT GRASS AND LEGUMES ON CONSTRUCTION SITES Definition Seeding perennial grasses and legumes on critical areas for permanent cover. Purpose To stabilize the soil; reduce damage from sediment and runoff to downstream areas, and improve an area for safety and beauty. Where Applicable On sediment - producing, highly eroding or severely eroding areas where vegetation is difficult to establish with normal planting methods; such as, construction sites, cut and fill slopes, borrow areas and other areas denuded of vegetation where perennial vegetation is needed for long term protection. Specifications Guide A. Site Preparation 1. Install needed surface water control measures. 2. Grade and slope as instructed to use planned equipment for seeding, mulching, and maintenance. 3. Chisel compacted areas and spread available topsoil 3" deep over adverse soil conditions as a final operation in grading. Where conventional seeding equipment is to be used, rip the entire area. 4. Remove all loose rock, roots, and other obstructions from the surface that will interfere with establishment and maintenance of vegetation. Leave surface reasonably smooth and uniform for final seed bed preparation. 3 B. Lime, Fertilizer, and Seed bed Preparation soil 1. When soil material is reasonably uniform, apply lime and fertilizer according to soil test report. In the absence of a test apply lime as follows: Tons /Ac. Lbs /1000 sq. ft. Clay and clay loams 3 135 Sandy loams, loams, silt loams 2 90 Loamy sands, sands 1 50 Agricultural lime used shall be within the specifications of the North Carolina Department of Agriculture. 2. Rates and analysis of fertilizer if soil test not available: pounds a. Grasses alone - 800 to 1,000 pounds per acre (18 -23 pounds /1,000 sq.ft.) of a 1 -1 -1 ratio such as a 10- 10 -10. b. Legumes alone or grass and legume mixture - 800 to 1,000 per acre (18 -23 pounds /1,000 sq.ft.) of a 1 -2 -2 ratio such as 5- 10 -10. 3. When hydraulic seeding equipment is used, no seed bed preparation is required. Cut slopes and compacted areas may require scarification a. The fertilizer, seed, and wood cellulose fiber mulch will be mixed with water and applied in a slurry. Spread the mixture uniformly over the area. b. The lime will be mixed with water and applied on top of straw mulch or the lime may be combined with the top dressing when grass is 2 to 4 inches tall. 4. When conventional equipment is used, the lime and fertilizer will be applied uniformly and mixed with the soil during seed bed preparation. El a. On field conditions or slopes that are 3:1 or flatter, prepare a seed bed 4 inches deep, excluding rock. b. On slopes steeper than 3:1, prepare a seed bed 1 to 4 inches deep as determined on site. Scarify the surface with suitable equipment such as a chain harrow, grader with chisels attached or by hand. The surface as a minimum will be pitted or trenched 4 to 8 inches apart for seed to lodge and germinate. c. Continue tillage until a well pulverized, firm, reasonably uniform seed bed is prepared. C. Seeding Select species from attached table, considering plant adaption to desired use, site to be vegetated, seeding dates and maintenance requirements. Seed used shall be labeled to show they are within the requirements of the North Carolina Department of Agriculture as to purity, germination, and presence of restricted of prohibited weeds. one 1. Conventional seeding - Seed on a freshly prepared, firm seed bed. Use equipment that will apply seed uniformly such as cultipacker seeder, drill, or cyclone seeder by hand. Cover seed lightly with seeding equipment or cultipack after seeding. 2. Hydraulic seeding - Mix the fertilizer, seed, and wood cellulose fiber mulch with water and apply the slurry uniformly over the area being treated. The slurry must be applied within hour after mixing the seed with fertilizer. 3. Use the inoculant prepared specifically for any legume being seeded. Twice the recommended rate will be used when seeded dry with conventional equipment and four times the recommended rate when seeded with hydraulic equipment. 4. Mulching - Mulch all permanent seeding on critical areas immediately after seeding unless sufficient mulch is present from previous temporary vegetation grown. Mulch is essential to protect seedlings and area from erosion until plant cover is established. anchoring Refer to MULCHING specifications for kinds, amounts, and mulch. 5. Irrigation - Supplementary irrigation will speed up the establishment of plant cover most seasons and may prevent failure of seeding not made at optimum planting date or seeding on adverse site conditions. Where irrigation is used, water must be applied at a rate that will not cause soil movement. D. Treatment after seeding and maintenance is most important in retaining an effective vegetative cover. 1. Repairs - Inspect all seeded areas and make necessary repairs or re- seeding within the planting season, if possible. If stand should be over 60% damaged, reestablish following original lime, fertilizer and seeding recommendations. 2. Control weed growth during establishment mechanically and /or with herbicides. When chemicals are used, follow current North Carolina and Agricultural Experiment Station's weed control recommendations adhere strictly to instructions on the label. E. Mulching will be applied to all seeded areas with slopes of greater than 1.5% to insure no erosion or damage will occur prior to establishment of vegetation cover. The following materials and rates will be used: Clean, small grain straw 2 Tons /Ac. Clean Pine straw 2 Tons /Ac. Mulch shall be spread uniformly over the area to be covered and shall be anchored with asphalt spray or other acceptable means on slopes of 2H:lY or greater. 31 PLANTS AND MIXTURES PLANTING RATES/ACRE PLANTING DATES 1. Stiff, clay -type soil and poorly drained areas. Seeding Date Plants & Mixtures Planting Rates /Acre March -April Sericea Lespedeza 50 -60 lbs. (scarified) Tall Fescue 25 -30 lbs. April -June Sericea Lespedeza 40 -50 lbs. (scarified) (scarified) Common Bermuda grass 6 -8 6 -8 lbs. (hulled) August -Feb Sericea Lespedeza 60 -70 lbs. (unhulled - unscarified) Tall Fescue 20 -30 lbs. Millet or Sudan 15 -20 lbs. 2. Sandy, Well- drained or Dry Areas. `Seeding Date Plants & Mixtures Planting Rates /Acre March -July Wilmington Bahia grass 40 -50 lbs. or Sericea Lespedeza 40 -50 lbs. (scarified) Common Bermuda grass 6 -8 lbs. (hulled) August -Feb. Sericea Lespedeza 60 -70 lbs. (unhulled - unscarified) Tall Fescue 20 -30 lbs. Millet or Sudan 15 -20 lbs. 3. All grass -lined channels or waterways. Seeding Date Plants & Mixtures April -June August -Feb Common Bermuda grass Tall Fescue Rye Grain 7 Planting Rates /Acre 70 lbs. 70 lbs. 40 lbs. Note: Fall seeded channels and waterways may need re- seeding in spring. WINTERVILLE NC PHASE H STORMWATER PERMIT PERMIT NO.: NCS000507 SUBMITTED: 01 -25 -2011 EFFECTIVE DATE: 12 -01 -2011 EXPIRATION DATE; 11 -30 -2016 COUNTY PITT ADMINSTRATIVE REGION: WASHINGTON BASIN NAME: NEUSE DRAFT PERMIT NO. NCS00507 ATTACHED INFORMATION FROM MR. BILL DIUGUID NC DIVISION OF WATER QUALITY PHONE NO. 919 - 807 -6369 INDICATED THAT THE PERMIT WAS ADVERTISED AND EPA APPROVAL WAS EXPECTED. STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS000507 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Town of Winterville is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the town of Winterville Jurisdictional Area Pitt County to receiving waters, Swift Creek, Fork Swamp;Nobel Canal, within the Neuse River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, VI, VII and VIII hereof. This permit shall become effective Month Day, Year. This permit and the authorization to discharge shall expire at midnight on Month Day, Year. Signed this day Month Day, Year. for Coleen H. Sullins, Director Division of Water Quality By the Authority of the Environmental Management Commission ATTACHMENT 6. PLANS O cv c r N U7 c-I CU a-1 a cr) 0 0) co 0 r v o.T Q z / a� / 3 CID L. C3 rr^^ v� W111T Cl0.RCM m 0 NC HIGHWAY 11 SOUTH RIGHT OF WAY a ' Ln ? `J� � �HAPTIST CEN1Rq( H 3 HAMMOND ST. 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I V NOTE: ALL BOXES TO BE CONSTRUCTED ON SITE WITH CONCRETE BOTTOMS AND WALLS OF 8 X 12 X 16 BLOCKS WITH NO 4 REBAR IN EACH LAYER BOX TOPS TO BE CAST ON SITE WITH NO 4 REBAR 12" OC EACH DIRECTION 2 EA EXISTING 60 "PIPES 14.e 0 rr a U R/W Z�- �- 12' 10" NEW 60" CMP NEW 60" CMP R /W. tr NEW 60" CMP NEW 60" CMP EXIST ZNG 36 51.50 -g 1 `+.. I V NOTE: ALL BOXES TO BE CONSTRUCTED ON SITE WITH CONCRETE BOTTOMS AND WALLS OF 8 X 12 X 16 BLOCKS WITH NO 4 REBAR IN EACH LAYER BOX TOPS TO BE CAST ON SITE WITH NO 4 REBAR 12" OC EACH DIRECTION 2 EA EXISTING 60 "PIPES 14.e 0 rr a U R/W EOP EOP R /W. tr NEW 60" CMP NEW 60" CMP 12' °- Z u I � 0 0i fl- N 24 "X36" DROP GRATE 3 w z NEW 60" CMP Y I j U I f I m Q z I Q U ii. i, BRICK MANHOLE H IPS = N A T� NOBEL CANAL END OPEN DRAINAGE DITCH PVMT v C r \ 24' PIPE: END OF PROJECT 2 EACH 60" CMP 2 0 jj rc i w F + z I w z 0 z w t L ���gIENCN�rjA�y F I l p P M ON)- 0 Vv wj EIP EIPP.,�...�"""'� U! -J o I F �D F e�ti� u;<rrrr 6 CAR04r�r•, rc az. 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