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20120707 Ver 2_401 Application_20121112
Qua ���QG v� s tZ Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ® Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes No For the record only for Corps Permit: ❑ Yes P No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ® Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In below. ❑ Yes] No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes [ No 2. Project Information 2a. Name of project: NOBEL CANAL ENHANCEMENT 2b, County: PITT 2c. Nearest municipality / town: WINT RVILLE NC 2d. Subdivision name: N/A A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: TOWN OF WIN E 3b. Deed Book and Page No. SEE ATTACHED LISTING 3c. Responsible Party (for LLC if applicable): TOWN MANAGER 3d. Street address: 2571 RAILROAD ST 3e. City, state, zip: WINTERVILLE NC 2 3f. Telephone no.: 252 - 756 -2221 3g. Fax no.: 252 -321 -8445 3h. Email address: terri;parker@wintervillenc.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. ?Consultant Information (if applicable) 5a. Name: Carolina Benchmark Engineers-Surveyors-Planners, Inc 5b. Business name (if applicable): Thomas W. Harwell 5c. Street address: 102 Oakmont Drive 5d. City, state, zip: Greenville, NC 27858 5e. Telephone no.: 5f. Fax no.: 252 - 355 -2100 5g. Email address: cbinc@coastalnet.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): see attached list 1b. Site coordinates (in decimal degrees): I Latitude:N3531.907 Longitude:W77 24.189 1 c. Property size: acres 1.1 + 2. Surface Waters 2a. Name of nearest body of water to proposed project: Nobel Canal a tributary to Swift Creel: 2b. Water Quality Classification of nearest receiving water: C • NSW 2c. River basin: Neuse 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: A ditch carrying storm water'.:thru the town. The general land use is residental having both residences and a Church. To the south the land is farm land. To the north the land is residential. 3b. List the total estimated acreage of all existing wetlands on the property: 0.21 ac 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 602 if 3d. Explain the purpose of the proposed project: The purpose of the project is to tile 602 feet of the ditch to prevent erosion and the further settlement of the Church building. (Good Hope Baptist Church) 3e. Describe the overall project in detail, including the type of equipment to be used: ne hyngred �e t w8bld bR tiled with 72 inch pipe. The remaining 502 feet would" �wo inc pipe. 4. -wit Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency /Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑ No © Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands [2 Streams — tributaries ® Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 Choose one P Choose one AAMNo 401 0.21 W2 Choose one Choose one Yes /No W3 Choose one Choose one Yes /No - W4 - Choose one Choose one Yes /No - W5 Choose one Choose one Yes /No W6 Choose one Choose one Yes /No 2g. Total Wetland Impacts: 2h. Comments: / The wetlands are in the stream area. These would be tiled. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 Choose one P NOBEL CANAL INT 401: 15 ft 602 S2 Choose one S3 - Choose one - S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 3i. Comments: The stream would be tiled Page 4of10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivii ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? Meuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet ) 6g. Zone 2 impact (square feet B1 p - Tiling of ditch Nobel Canal IWO 36,120 12,040 B2 Yes /No B3 Yes /No B4 Yes /No B5 Yes /No B6 Yes /No 6h. Total Buffer Impacts: 36, )� 6i. Comments: Ditch would be tiled Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The area would be sloped to drain to the proposed catch basins. - .:-`The area area would be grassed and continue to be used for residental purposes and farmin . 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. A soil: ".and erosion permit would be required. The area ;wo ild'::be seeded and grassed and maintained. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ❑ No Hopefully not 2b. If yes, mitigation is required by (check all that apply): [2f DWQ ® Corps If required 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ® Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Area would be placed back in condition as before and used for residential and farmland. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires Yes No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 temporary 36,120 3 (2 for Catawba) 108,360 Construction Zone Same 12,040 1.5 18,126 6f. Total buffer mitigation required: 126-1420 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). The Town Council has requested that fees be wavered. 6h. Comments: The area of the buffers would be placed back into their current condition. Only the stream area would be effected. That would be placed in same condition as buffer areas. Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified QXYes ❑ No within one of the NC Rip arian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 2b. Does this project require a Stormwater Management Plan? ® Yes 0 No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Put the disturbed area!back'.in its original condition. Grass and seed in accordance with Soil and Erosion Plan. 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Town of Winterville ® Phase II ❑ NSW 3b. Which of the following locally - implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006 -246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached. 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal /state /local) funds or the Yes ❑ No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ] No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? El Yes No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? X 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. No wastewater will be generated by this project. Page 9 of 10 PCN Form — Version 1.4 January 2009 S. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? ❑ Yes ® No NOT OUR KNOWLEDGE 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? WE WILL CHECK. CHECKED WITH NC Dept of Wildlife ❑ Yes ® No 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? will check 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in ❑ Yes ❑ No North Carolina history and archaeology)? Will ckeck 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Will check with State 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? n Yes No 18b. If yes, explain how, project meets FEMA requirements: This project would be underground. 8c. What source(s) did you use to make the floodplain determination? flood maps for area Applicant/Agent's Printed Name Date Applicant/Agent's Signature Terri L . Parker (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 SIGN UP SHEET INTERAGENCY/SCOPING MEETING Scoping Meeting - Propose to Tile a portion of Nobel Creek urpo ---Uf this -Twting is to gather and provide environmen tal regulatory guidance and direction for this proposed project. August 20, 2012 @ 2 pm NCDENR WASHINGTON REGIONAL OFFICE 943 WASHINGTON SQUARE MALLWASHINGTON, NC 27889 252-946-6481, FAX 252-975-3716 loft •kM ,,A Name Agency Phone Email W', 4- -7 d 0 7 N Cw PIC L52 39 1 Ore, x 2, N608740 2.152 -0 38q-2 J J T za T44 Wlell��,my. A 27969 ve5 V e. t NCDENR WASHINGTON REGIONAL OFFICE 943 WASHINGTON SQUARE MALLWASHINGTON, NC 27889 252-946-6481, FAX 252-975-3716 loft •kM ,,A MA UM 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: 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 http• //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) u 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 3. 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: L252 )_756 -2221 Fax :f252)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 o,coastalnet.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 %z x 11 copy of the USGS topographic map indicating the location of the site). _FRONT 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: X X X Date received: Permit Type: CAMA Major CAMA Minor 401 Certification/404 Permit On -site Wastewater Permit NPDES Permit (including stormwater) Non - discharge Permit Water Supply Watershed Variance Erosion/Sedimentation Control Others (specify) Part 2: Proposed Activity ('lease 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: 252)_3552100 Email: cbinc @coastalnet.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 '/Z 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: —X— — X Date received: Permit Type: CAMA Major CAMA Minor 12 -01 -2011 401 Certification/404 Permit On -site Wastewater Permit NPDES Permit (including stormwater) Non - discharge Permit Water Supply Watershed Variance 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 FoinZ, page 2 Version 6 July 2009 loco z, loo 0 0 Feet I 'Meters 1 .3148 2 .6096 3 .9144 301' 4 1.2192 5 .1.5240 6 1.8288 7 2.1336 8 2.4384 9 2.7432 10 3.0480 w- N W, To convert feet to meters multiply by .3048 To convert meters to feet multipy by 3.2808 I -UJ ROAD CLASSIFICATION -OY•........0 �9 <a F Primary highway, Light -duty road, hard or a, p hard surface ....... improved surface.. �? o Secondary highway, 10000 hard surface....... Unimproved road...== _ - -____ C) Interstate Route 0 U.S. Route O State Route N. C. a 2. Fill in the table below to identify the square footage of impact to Zones I & 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. 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 TA1,'_EN 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 Multiplier Required Impact Square Feet (Indicate on impact Plan Sheet) Zone 1 36120 1 TILE & 3 108,360 BACKFILL Zone 2 12040 2 TILE & 1.5 18,126, BACKFILL Total 48,160 126,472:0_:�:j *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. 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 TA1,'_EN 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 2B.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.neeep .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 MITIGATION 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 tom• PR k&t 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 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 ATTACHMENTS 1. QUAD LOCATION OF PROJECT 2. STORM WATER APPLICATION 3. DRAFT STORM WATER PERMIT 4. DEEDS OF EASEMENT 5. PROPOSED EROSION & SEDEMENTATION CONTROL PLAN 6. PLANS ATTACHMENT 1. QUAD LOCATION OF PROJECT ATTACHMENT 2. PHASE II STORM WATER APPLICATION WINTERVELLE NC PHASE II STORMWATER PERMIT PERMIT NO.: NCS000507 SUBMITTED: 01 -25 -2011 EFFECTIVE DATE: 12 -01 -2011 EXPIRATION DATE; 11 -30 -2016 COUNTY PITT ADMMINSTRATIVE REGION: WASHINGTON ,3ASIN NAME: NEUSE 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 rA 1 :1 11.tate of North Carolina apartment of Environment & Natural Resources Qivision 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!ting NPDES Small M54 Stormwater Permit Application (SWU -270) and the accompanying narrative documentz�` ion, completed in accordance with Instructions for Preparing the Comprehensive Stormwater Management PrL;?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 ® K�!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 percentaqe of jurisdictional area containing the following four land use activities: state or local)�-, Residential 58% c. Type of Public Entity (city; TOWN JAN 2 2010 Industrial town, county, prison, school, • Open Space 1596 etc. Total = 100% d. Federal Standard Industrial SIC 91— 97 Classification Code e. County(s) PITT f. Jurisdictional Area (square 4.51 sm TOWN LIMITS miles) 6.25 sm ED TOTAL 10.76 sm g. Population Permanent 8946 year 2D09 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 ® 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 percentaqe of jurisdictional area containing the following four land use activities: • Residential 58% • Commercial 22910 • Industrial $% • 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 PermitApp/ %ation (SWU -270) and the accompanying narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive Stormwater Management Program Report (51MU -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. 59,61 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 percentaqe of jurisdictional area containing the following four land use activities: • Residential 58% • Commercial 22% • Industrial 59,61 • 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 ❑Yes ®No a permitted Phase I entity? • Name of Entity 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 El Yes ®No with another Phase II entity? 252- 902 -3279 d. If so, provide the name(s) of N/A the entity: e. Have legal agreements been finalized between the co- ❑ Yes ® No N/A ermittees? V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS (If more than one, attach additional sheets) a. Do you intend that another entity perform one or more of our permit obligations? ® Yes ❑ No b. If yes, identify each entity and the element they will be implementing • Name of Entity 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. 5t' Street (Pitt County Plannong) Greenville NC • Contact Telephone Number 252- 902 -3279 c. Are legal agreements in place to establish responsibilities? ®Yes F-1 No VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. a. Name of person to which permit authority 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. Z 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 properlygather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. lam aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. Signature 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). TABLE OF CONTENTS 1. STORM SEWER SYSTEM INFORMATION 1.1. Population Served 1.2. Growth Rate 1.3. Jurisdictional and MS4 Service Areas 1.4. MS4 Conveyance System 1.5. Land Use Composition Estimates 1.6. 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 B) 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 (Attachment 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. Records Found., 82 Search Parameters: County: Pitt Class: % SpDes: % Name: % Index#: % Name of Stream Description Curr. Class Date Basin Stream index # Pittcoun{y 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 05/01/68 Neuse 27- 66 -26 -1 Contentnea Creek Thompson Swamp From source to Little C;Sw,NSW 05/01/88 Neuse 27- 86- 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) k 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 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 01101190 Tar -Pam1i 28- 100 -2 -1 Creek co 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 01101190 Tar -Pam1i 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 -Pam1i 28 -100 -1 Creek co Whichard Branch From source to Grindle C;NSW 01/01/90 Tar -Pamli 28- 100-2 Creek co Mill Branch From source to C;NSW 01101190 Tar -Pam1i 28- 100 -2 -1 Whichard Branch co Hunting Run From source to Grindle C;NSW 01101190 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 01/01/90 Tar -Pamli 28 -101 -4 Creek co Cow Swamp From source to Chicod C;NSW 01101190 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 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 � � } \��_\ \� �\ 2m�> � \� � � \� : «I.$ ��/ 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 E) 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 NIA None N/A Fork Swamp 27 -97 -4 C; Sw, NSW N/a None NIA 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) 321 8455 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 S. 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 5t" 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. M 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 9 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: Pitt Class: SpDes: Name: % Index#: % Name of Stream Description Curr. Class Date Basin Stream Index # Pitt .County 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- 86- 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 K Creek 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 X Creek 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 Creeping Swamp From source to C;Sw,NSW 05/01/88 Neuse 27- 97 -5 -3 Clayroot Swamp 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 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 co Mill Branch From source to C;NSW 01/01/90 Tar -Pamli 28- 100 -2 -1 Whichard Branch co Hunting Run From source to Grindle C;NSW 01/01/90 Tar -Pam1i 28 -100 -3 Creek cc 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 01/01/90 Tar -Pamli 28 -101 -4 Creek cc Cow Swamp From source to Chicod C;NSW 01101190 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 co 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 -Pam1i 28 -101 -6 Creek co Page 2 of 4 2010 -01 -02 07:08:21 ATTACHMENT C 7� /® � � : �� 2 , � ># � �� : �� :: � ��k �. all o +Z m m � -4- m U 0 r_ 3 C E 117R'7 LU Z+- 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 as the -Lessee, WITNE -S'S'E TH: That, subject to the terms and conditions hereinafte set' forth, -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 e. #2 - Lease degrees 31 minutes East 263.50 feet to the southern batik of the ditch between the Town of Winterville property and the Paul Braxton. 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 prepared by C. A. Holliday, dated May 27, 1980, a copy of which is attached hereto and made a part of this instrument and-to whicr 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 Dollars ($100.00) per ye, payable on or before June 15, of each year for the term of this Lease. 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. THIRD: The Lessee shall have the right to use said premi.st for a 40 cubic yard solid waste container site and will have -the right to construct ramps, access roads, concrete retaining walls, cut ditches and do such other things as will be necessary to utilize the premises for the intended purpose. l Page #3 - Lease E !. 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 i� during the term of'this Lease, and shall leave said.property in substantially the same condition as when first leased to said Lessee. F Access to said site shall be from North Carolina State Road 1131 (Alford McLdwhorn Farm Road), W and 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.do the following: 1. To maintain said premises in a sanitary and neat condition.' r is 2. The Lessee agrees that it wi4 be responsible for any expense, loss or damage resulting from any claim or cause of action arising out of Lessee's negligent use of the premises li I� SEVENTH: In the event that-the Lessee fails to pay the rental provided for herein for a period of three (3)-months ox fails to maintain the covenants set out above as } r' 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 j said ninety (90) days within which to move its equipment and any r improvements that it might have constructed on said g premises and �j desires to move. i� r, 1� r I Page #4 Lease EIGHTH: In the event that any'succeeding Board of Commissioners for the County.of Pitt should fail to appropriate the necessary funds during each budget year for the continuance of said Lease, then and in such event, this Lease shall terminate-as of June 14th of the fiscal year in which no were:appropriated. ..-IN.WITNESS WHEREOF, the said Lessor and Lessee have caused this.-Lease to be signed in their names, the day and year 'first above written, in duplicate originals, one of which is etained by each of the parties. TOWN OF WINTERVILLE, A BODY CORPORATE AND POLITIC OF-,PITT. COUNTY, ORT CAROLINA BY z _� r. T Lo S 'T COUNTY, A BODY CORPORATE ► POLITIC . -i ED N. WARREN) CHAIRMAN BOARD OF COMMISSIONERS NORTH CAROLINA ) )SS. PITT COUNTY ) On this the 9th day -of June , 19.80_, -personally 'came before me, a Notary Public in- and for* Pitt County, North Carolina, ,.who, -being by me duly sworn, 'says that -o knows the-common seal of Pitt - County, a body corporate and politic, and that is acquainted with who is Chairman of the Pitt County Board of Commissioners, and saw the said Chairman sign -the foregoing instrument and saw the said common seal of Pitt Co,6ty affixed'to 'said instrument by said.Chairman, and that the said Clerk, signed �ame in attestation of the. execution -of the said - instrument in the.presence of the said Chairman of the said Board. T_TT YnaTT NORTH CAROLINA )SS. OUNTY OF-PITT On this the' ' `_s� day of emu\ 1980, ,ersonally came before me,''� i Notary Public in and for Pitt County, North Carolina, who, being by me iuly sworn, says that knows the common seal of the Town :)f Winterville, a. body corporate and politic. of Pitt County, North Carolina, and that is acquainted with 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 Winterville affixed to said instrument by said Chairman, and that the said signed.' 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. NOTARY PUBLIC commission expires: ATTACHMENT G "I, M - - ma Town of Winterville, NC 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 Winterville, 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 Winterville, North Carolina ". 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 whole, 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__ E. C. Hines, Mayor -- 17:�� ue-- - - - - - -- o No 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 headwal -1s, 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� V. ADDITIONAL PROVISIONS . 3. 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 Winterville 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 Wintervi le. 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 aer the adoption date of this ordinance. - Adopted this the 8th day of January, 2001. A", /�. Doug A Jackso ayor ATTEST: 4TanH. L ary, 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 7= 15 -96, § 1) Sec. 4411 Purposes This article is adopted for the purposes of- A- Regulating certain land- dishubing 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 fi,1fi11e4. 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. Authwity 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; filrthermore, 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 further 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 site 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, Perqu mans, 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 Catolina 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 Asters means those classified as such in 15ANCAC 2B.4101(e) (5) - General Procedures, which is incorporated herein by reference to include further amendments pursuant to G.S. 150B- 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 -64, means: (1) The developer or other person who has or holds himself out as having financial or operational control over the land - disturbing activity; or (2) 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 manmade area into which stormwater run-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 equaled or exceeded, on the average, once in ten years, and of a duration which will produce the maximum peak rate of runoff, for the watershed of interest under average antecedent wetness conditions. Tract - means all contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership. Twenty Five Year Storm - means the surface runoff resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in 25 years, and of a duration which will produce the maximum peak rate of runoff from the watershed of interest under average antecedent wetness conditions. Uncovered - means the removal of ground cover from, on, or above the soil surface. Undertaken means the initiating of any activity, or phase of activity, which results or will result in a change in the ground cover or topography of a tract of land. Velocity - means the average velocity of flow through the cross section of the main channel at the peak flow of the storm of interest. The cross section of the main channel flood height shall be defined area defined by the geometry of the channel plus the area of flow below g 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 land for the production of plants and annals 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 than 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 21,199 1, 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) Sec. 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 l.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 will 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 (noncolloidal) 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 hard pans' 6.0 1.8 Source - Adapted from recommendations by Special Committee on Irrigation Research, American Society of Civil Engineers, 1926, for channels with straight alignment. For sinuous channels, multiply allowable velocity by 0.95 for slightly sinuous, by 0.9 for moderately sinuous channels, and by 0.8 for highly sinuous channels. (Ord. Of 3- 15 -93, § 12; Ord. Of 7- 15 -96, § 12) Cross Reference —Flood Damage Prevention Ordinance, § 4 -80 et. seq. Sec. 4 -122. 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 of the 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) Sec. 4 -126. Additional Measures Whenever the County of Pitt determines that significant sedimentation is occurring as a result of land- disturbing activity, despite application and maintenance of protective practices, the person conducting the land disturbing activity will be required to and shall take additional protective action. (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.. Sec. 4-128. Permits (a) No person shall undertake any land- disturbing activity subject to this Ordiname'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) See. 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. After 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 owner of the land or their registered agents. If the person financially responsible is not a resident of North Carolina, a North Carolina agent must be designated in the statement for the purpose of receiving notice of compliance or 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 of Pitt within 20 days after the Soil and Water Conservation District received the erosion control plan, or within any shorter period of time 4s 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 recommendations within 20 days or within any agreed upon shorter period of time shall not delay final action on the plan. (e)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. If, 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 oi; (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 TRC 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 each 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 11. 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 existing strews 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 .001 S(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 Ordinan ce, a notice of violation shall be served upon that person. The notice may be served by any means authorized under GS lA 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 forcompliance need be given for failure to submit an erosion control plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties. Any person who fails to comply within the time specified is subject to the civil and criminal penalties provided in this 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. 4-132. 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 4- 131 -(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 Bat .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, L 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. If payment 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 maybe 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.Civil 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 land - 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 lion 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) Secs. 4 -135 --4-139. Reserved. PROPOSED FEE SCHEDULE SEDIMENTATION AND EROSION CON'T'ROL PLAN SUBMISSION Flat fee per disturbed acre ......................$200.00 NOTES: (1) Disturbed acreage is that area which is to be cleared, graded, ditched, etc. in 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, WINTERVI LE FLOOD DAMAGE PREVENTION ORDINANCE P.I 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 Iocated 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. WDMRVILLE FLOOD DAMAGE PREVENTION ORDINANCE P.2 NORTH CAROLINA WINTERVILLE /PITT COUNTY INTERLOCAL AGREEMENT PITT COUNTY HAZARD NUTIGATION GRANT PROGRAM THIS AGREEMENT, made and entered into this the f —day of 14 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, apolitical 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 are. in need. of acquisition /demolition/relocation; 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 HM-GP) 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 undertaking whereby a unit of local government exercises any power, fiuzction, public 1. enterprise, right, privilege, or immunity either jointly with or o_n behalf.of anothe_ r 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: Pu 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. Personnel. The COUNTY will select and employ personnel to implement approved FEMA activities undertaken within the jurisdiction of the TOWN. 5. Financing: 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. Prouarn 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. #60607 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 WMERVILLE By: &tit 4 Doug Ja son, Mayor Doa #60607 v -1 P- 3 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. .`gyp .••. ,AG.,� OpRPORg -r �� TOWN OF WINTERVILLE rn • By: APUe�' A • •..•' C). 'r .Mayor PITT COUNTY . y By. r s isi Fiom. - : I viol David Hammond, Chairman R.T. �i.yi ATTE9T:' i✓IJ�� Clerk WINTERVILLE FLooD DAMAGE PREvENTIQN ORDINANCE P,3 r ATTEST: Susan Banks, Clerk to the Board AS TO oAnne Burgdorff, PIT' PRE -AUDIT CERTIFICATION This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. •.• - I • Town of Winterville PRE -AUDIT CERTIFICATION This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Melonie Bryan, inane Director Pitt County Doc. #160607 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 term of two 2 ()Year, two (2) shall hold office for the () 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 7. To assist nt programs he development of astormwater 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 ;;BASIN NAME: NEUSE 1 tate of North Carolina 'j` epartment of Environment & Natural jivision of Water Quality OFFIC USE ONLY _ Resources 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 competing NPDES Small M54 Stormwater Permit Application (SWU -270) and the accompanying narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive Stormwater 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 ® R72newal (Permit No. NCS0QQM ) a. Name of Public Entity TOWN OF WINTERVILLE Seeking Permit Coverage b. Ownership Status (federal, ran LOCAL state or local)--'� c. Type of Public Entity (city; TOWN JAN 2 2010 town, county, prison, school, etc. d. Federal Standard Industrial SIC 91— 97 & y�miw01 r Bra Classification Code PITT e. County(s) F Jurisdictional Area (square 4.51 sm TOWN LIMITS miles) 6.25 sm ETJ TOTAL 10.76 sm permanent 8946 yeer 2009 per State g. Population 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 0 N i II. RPE / MS4 SYSTEM INFORMATION Page 1 SWU- 264 - 103102 State of North Carolina _. OFFIC USE ONLY Department of Environment & Natural Resources Date Recd Division of Water Quality Fee Paid Permit Number NPDES STORMWATER PERMIT APPLICATION FORM This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application package includes this form and three copies of the narrative documentation required in Section X of this form. This application form, completed in accordance with Instructions for completing 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) a re 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 Seeking Permit Coverage b. Ownership Status (federal, LOCAL state or local c. Type of Public Entity (city, TOWN town, county, prison, school, etc. d. Federal Standard Industrial SIC 91— 97 Classification Code e. County(s) 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 ® No II. RPE / MS4 SYSTEM INFORMATION SWU- 264 - 103102 Page 1 NPDES RPE Stormwater Permit Application III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ® Yes El No b. Local Water Supply Watershed Program ® Yes El c. Delegated Erosion and Sediment Control Program ® Yes ❑ No d. CAMA Land Use Plan E01 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 FO] es ® No a permitted Phase I entity? 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 El Yes ®No with another Phase II entity? 1717 W. 5t' Street (Pitt County Plannong) Greenville NC d. If so, provide the name(s) of N/A the entity: Yes E-1 No e. Have legal agreements been finalized between the co- ❑ Yes ® No N/A ermittees? V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS (If more than one, attach additional sheets) a. Do you intend that another entity perform one or more of our ermit obli ations? ® Yes ❑ No 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. 5t' Street (Pitt County Plannong) Greenville NC • Contact Telephone Number 252- 902 -3279 c. Are legal agreements in place to establish responsibilities? Yes E-1 No VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. a. Name of person to which permit authority N/A has been delenai-Pri b. Title /position of person above j N/A c. Documentation of board action delegating permit authority to this person /position must be provided in the attached application report. N/A SWU- 264 - 103102 Page 2 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 properlygather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations Signature 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 SWU- 264 - 103102 Page 3 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 b. UIC program under SDWA N/A c. NPDES Wastewater Discharge Permit # NC0032077, held by Contentnea Metropolitan Sewage District Permit Number d. Prevention of Significant N/A Deterioration (PSD) Program e. Non Attainment Program N/A 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 I.I. 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 SWU- 264 - 103102 Page 5 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 B) 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 (Attachment 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 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 Rasin 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) 321 8455 Email — bill.whisnant @wintervillenc.com K' 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 Winterviile, NC 28590 Phone — (252) 756 -3045 ext. 4203 Fax — (252) 756 -6526 Email — john.woods @wintervillenc.com 5. Co- Permitting Information — NIA 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 5t" 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. M 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. 0 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 — bi ll.whisnant()-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. S. Impaired Waters — None 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 ELI IINATION SYSTEM In compliance with the regulations promulgated and adopted by Management Commission, and the Federal Water Pollution Cot Town of is hereby authorized to discharge stormwater from their within the town of to receiving waters, Swift Creek, Fork Swann with the discharge limitations, monitoring req IV, V, VI, VII and VIII hereof. This permit shall become effective Month Day, Year. as storm sewer system located: Area oral, within the Neuse River Basin in accordance and other conditions set forth in Parts I, II, III, 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) llQ UUMEMgm A�E`i"`' 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 1 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 identifies 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 i this permit. Any other point source discharge to sm is an allowable non- stormwater discharge or is cove approval. This permit does not relieve the applicable federal, state, or local ✓ith the terms and conditions of the state is prohibited unless it permit, authorization, or nsibility for compliance with any other 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 specific 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. 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 pumpedgroundwater, • discharges from uncontaminated potable water sources; • foundation drains; • air conditioning condensate (C' ommercial/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 II 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: The permittee will develop and maintain adequate legal mechanism, such as regulations, ordinances, policies and procedures to implement all provisions of the Stormwater 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,., n, 2. The permittee shall conduct an annual analysis expenditures needed, allocated, and spent as w allocated to meet the requirements of this perm activities required. The analysis shalf'inelude e preceding period, and the next reporting period analysis shall include a description of the soure expenditures, including legal restrictions on' the )fthe capital and operation and maintenance 11 as the necessary staff resources needed and t, including any implementation and enforcement bmated expenditures for the reporting period, the and be submitted with the annual report. Each of funds that are proposed to meet the necessary 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. 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 lI Page 1 of 19 PERMIT NO. NCS000507 6. 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 11 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 of the 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 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 poltatants, 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 hotlineJhelpline 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 ineasurel and record the extent of exposure. j. Evaluate program effectiveness The permittee shall assess-its stormwater education/outreach program and update as necessary. Part H 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 goals. BMP Measurable Goals a. Allow the public an opportunity The permittee shall conduct:at least one 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' thai 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. Hotline/Help line The permittee shall promote and maintain a 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. Part H Page 5 of 19 PERMIT NO. NCS000507 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION (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 f. Address the following categories of non -storm wate 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[irrigatiori 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 washmg,�ftows 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 be addressed 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 . Meast� able 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 BMP':° Measurable Goals... 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 -up 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 responsibilities, 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 propel procedures for reporting and responding to an illicit discharge 'or connection. Follow -up training shall be provided as needed 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. by 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 H Page 7 of 19 PERMIT NO. NCS000507 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 spilUduiapingresponse :procedures. Part 11 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 NCGO10000 permit establishes requirements for construction such as discarded building materials, concrete truck washout,, the at the construction site that may cause adverse impacts to water q 3. The permittee shall provide and promote a means for the authorities of observed erosion and sedimentation proble plan promoting the existence of the NCDENR, Division' to meet the requirements of this paragraph. Part II Page 9 of 19 to control waste nd sanitary waste notify the appropriate )ermittee may implement a esources "Stop Mud" hotline 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 community; 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 The permittee shall implement the following BMPs to meet the objectives of the Post - Construction Stormwater Management Program To'theextent 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. ..,..., .:.BMP . . .... ::..........` .. „ . Measuralile.Goals " 'N 0-11"', a. Adequate legal authorities The permittee shall annually review its ordinances or other legal authorities, and revise/update as necessary, or adopt any new ordinances or other legal authorities to meet the objectivess 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 H Page 10 of 19 PERMIT NO. NCS000507 BMP Measurable 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 Ir performance standards and how the project will ensure long- term maintenance. d. Inventory of projects with post- The permittee shall mainiain'.,an,inventory of projects with construction structural stormwater post - construction structural storwater control measures control measures installed and implemented at new development and redeveloped sites; includng.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 I 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 The 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 11 Page 11 of 19 PERMIT NO. NCS000507 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;Develonment a. In order to fulfill the post permittee may use the De practices that meet or exc Manual on scientific and,, watershed plan that is det. stormwater management" 122.34(b)(5) (1 July 2003 Aion minimum measure program requirement the is model ordinance, design its own post - construction department's Stormwater Best Management Practices ing standards, or develop its own comprehensive by the Department to meet the post - construction required by 40 Code of Federal Regulations § 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 II 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 watersysterri';maintenance. 2. BMPs for the Pollution Prevention and Good 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 awinventory of facilities and operations owned and operated by the'permittee with the potential for generating polluted stormwater runoff. b. Identify and map municipally , 17he permttee 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 11 Page 14 of 19 PERMIT NO. NCS000507 BMP Measurable Goals L 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. i. O &M for municipally -owned The permittee shall maintain and implement, assess annually and or maintained structural update as necessary an 6 &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. Thepermittee 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 H 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 othe watersheds) and 4) include a map of watershed(s) showing streams & major outfalls. If a stream is =laced 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 II Page 16 of 19 PERMIT NO. NCS000507 $Mp 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 __ t ��Z�Z•�1Z�1�FS�Y7 SECTION I: 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 BMPs. 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 final 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 H Page 18 of 19 PERMIT NO. NCS000507 BMP 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. 1. Implementation of the Stormwater Plan will include documentation of all program components that are being undertaken including, but not limited to, inspections, Aiaintenance activities, educational programs, monitoring and sampling, implementation of!BMPs, enforcement actions, and other stormwater activities. Documentation will be kept on file. rbyAhe,permittee for a period of five years and made available to the Director or his autliprzed repie`sehtative upon request. 2. The permittee's Stormwater Plan will be reviewed and updat' Mmecessary, but at least on an annual basis to identify modifications and improvegibli Heed& to maximize Stormwater Plan effectiveness. The permittee shall implement a plan and schedule to address the identified modifications and improvements. The permittee$shali submit annual reports that include appropriate information to accurately describe thgfarpgress, status, and results of the permittee's Stormwater Plan and will include'�bttt,is°not� mit6d t , the following components: a. The permittee will give a det M. 1descr ption of the status of implementation of the Stormwater Plan as a whole. This mill include information on development and implementation of each major component of the Stormwater Plan (Public Education/Involvemert, Illicit >�ischarges, Construction, Post - Construction, Good Housekeeping) for the fast year 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. £ 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. 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 permittee will submit a plan A,. and time schedule to the Director for modifying the Stormwater,Plad4o meet the requirements. The Director may approve the plan, approve a plan with modifies °bons, or reject the proposed plan. The permittee will provide certification in writing zn accord anceulvit>i`Part IV, Paragraph 2 to the Director that the changes have been made. Nothmg w this paragraph shall be construed to limit the Director's ability to conduct enforcement actio —J tions of this permit. 4. The Division may request additional reporting infoTmattomas necessary to assess the progress and results of the permittee 's Stormwater Plan. {. " n �f) Part III Page 2 of 2 TMS 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,,sat C. The date(s) analyses wereperformedn(if d. The individual(s) who performed xbe any e. The analytical techniques or'etho�s Busy f. The results of such analvses( Uetforme Annual Reporting t to the including but measurements, inspection or ses (if performed); (if performed); and inspection or activity; a. The permittee will subugi:eporting 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 permitteee'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 a. The permittee shall give advance notice to the D i-0'Rp or„of any planned changes in the permitted facility or activity that may result in,xioncor`ipance with the permit requirements. b. The permittee shall give advance notice to the Director of any planned modifications to the Stormwater Plan. Notice of any hanges is; uired at least through the annual report. Notice shall be gryonas soon', s possible when deleting a provision of the approved Stormwater PIA -4, r e mo± facation could significantly change the timeframe for implementation of parts5ot a program 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 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: L The authorization is made in writing by a principal executive officer or ranking elected official; ii. The authorization specked 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 theoss "bility of fines and imprisonment for knowing violations." w� .... &,. u� ^z F 'n L1 �Cv' Part IV Page 3 of 3 THIS PAGE � : z � �� 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:of-:;;permit coverage upon renewal application. a. The permittee shall comply with standards or pro b bons estali shed under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or 13r bit -J." even if the permit has not yet been modified to incorporate the requiremeril6 b. The Clean Water Act provides that any perm who violates a permit condition is subject to a civil penalty not to exceed the rnaximum; amounts authorized by Section 309(d) of � zr the Act and the Federal C1vil�Pen�lties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Colled & w ovement Act (31 U.S.C. §3701 note) (currently „,, ,. $27,500 per day for each 06latt ©n 1 Any person who negligently violates any permit condition is subject took „ariininal pealhes of $2,500 to $25,000 per day of violation, or imprisonment for not vore thanL year, or both. Any person who knowingly violates permit conditions is g tz�ect to. �m;nal penalties of $5,000 to $50,000 per day of violation, or imprisonmentwfor 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 11 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 11 penalty not to exceed $137,500). Part V Page 1 of 6 2. 3. 9 PERMIT NO. NCS000507 Duty to Mitigate The permittee shall take reasonable steps to minimize 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- 215.6B, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319 Furtt hermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. t, Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude th,,, 4stitutr`on of any legal action or relieve the permittee from any responsibilities, liabilities; of penajltes to which the permittee is or maybe subject to under NCGS 143 - 215.75 et seq. or Section 311,x°" the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible fcir4conse�gu�e�i°tial damages, such as fish kills, even though the responsibility for effective. compitanceinay be temporarily suspended. 5. Property Rights The issuance of this permit do6s not convey any property rights in either real or personal property, or any exclusive priftges, d6r does it authorize any injury to private property or any invasion of personal rights, 64 any infringement 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 L� 10. 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 $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. Permit Actions This permit may be modified, revoked and reissued, or t6mina1ea4;6 cause. The filing of a request by the permittee for a permit modification, revoeatiod and re1ssuance, or termination, or a notification of planned changes or anticipated noncomhanee., s not stay an permit condition. P g P P., n„ Y Y P� 11. Duty to Reapply The permittee is not authorized to discharge afie the expiration date. In order to receive Ap �,r, automatic authorization to discharge beyond ex nuatson date, the permittee shall submit a permit renewal application and fees as areIuirelno later than 180 days prior to the expiration date of this permit. Any permittee'thaMas npt pquested renewal at least 180 days prior to expiration, or any discharge that does iot ave arpermit after the expiration and has not requested renewal at least 180 days prior to expira onunll be subject to enforcement procedures as provided in NCGS 143- 215.64nd 33 U$C 1251 et seq. The renewal application shall include a ,. S w review of the Stormwater Program development and implementation over the life of this permit, the status of programs and a 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 c facilities or similar systems that are installed by a permittee only,,,., whin 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 enforcement ad"'I" llhat it would have been necessary to halt or reduce the permitted activity imor W., maintain compliance with the Lars' condition of this permit. _. .. Part V Page 4 of 6 PERMIT NO. NCS000507 SECTION C: MONITORING AND RECORDS 2. 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 and',s; ng methods. At a minimum, information on such changes shall be reported J&the gee ttee's annual report. The Director may require that certain changes in the samphng,program'l a subnutted for approval prior to implementation of the changes. "1 Flow Measurements Where required, appropriate flow measurement devices auto ;methods consistent with accepted scientific practices shall be selected and used tito ensure the accuracy and reliability of measurements of the volume of monitore(t hatges, <;;:; = "' 3. Test Procedures Test procedures for the analysi&' f pollu` fs shall conform to the EMC regulations published pursuant to NCGS 143 - 215.63'. seq, the'Water and Air Quality Reporting Acts, and to regulations published pursuA Ito Sect i n 304(8), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and�ition 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. 4. 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; C. 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 5. 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. 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 the Act, analytical data shall not be considered confidential. Kno wr' statement on any such report may result in the impositionofPcrit NCGS 143- 215.6B or in Section 309 of the Federal Act ;'' lx�:rf' N 0 } ✓i,;my S Part V Page 6 of 6 Quality. As required by making any false nalties as provided for in PERMIT NO. NCS000507 PART VI LEMTATIONS 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 ADMINISTERING 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 TMS PE 2. KJ 4. 5. PERMIT NO. NCS000507 PART VIII DEFINITIONS Act See Clean Water Act. Best Manaeement 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, activ fy, physical structure or planning (see non - structural BMP). F Built -upon Area That portion of a development project that is covered by unpervxous,,or partially impervious surface including, but not limited to, buildings; pavementyarid gray6f areas such as roads, parking lots, and paths; and recreation facilities such as term'§ courE ,B;n�lt -upon area does not include a wooden slatted deck, the water area of a swimming priol, of 6rvious or partially pervious paving material to the extent that the paving material Asoxbs water or allows water to infiltrate through the paving material. Calculation of Means (a) Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values dividecJv 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 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 sales pitch, advertisement, loan application, drawing, plats, bluep permit application, zoning request, or computer design) or physic not limited to boundary signs, lot stakes, or surveyor mark gs�, activities may occur on a specific plot. It can include one operator or many operators. Department Department means the North CarohnaDepart Division (DWO) The Division of Water Quality, Director notice or hearing, ag plans, contracts, n (including but construction and Natural Resources vironment 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 descniied m paragraph (a) or (b) and that are designated by the Director as part of the;large or n%am separate storm sewer system. Major municipal separate storm sewer outfall storm sewer outfall that discharges from a sin more or its equivalent (discharge fro sx a sm ' associated with a drainage area of m*.'i1ban . that receive storm water from lands zon 71 h or plans or the equivalent), an outfall tliat disc: 12 inches or more or from its equivalent (disc with a drainage area of 2 acres o%inore).` f�maior out all's means a municipal separate 4p with,�an inside diameter of 36 inches or ivgWe other than circular pipe which is .res); or for municipal separate storm sewers �u,,.. tslnal activity (based on comprehensive zoning from a single pipe with an inside diameter of a 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 Z* fighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). 17. Non - structural BMP Non - structural BMPs are preventive actions that ient and source controls such as: (1) Policies and ordinances that provide requirdients and°'standards to direct growth to identified areas, protect sensitive areas such as Weda ids and riparian areas, maintain and/or increase open space, provide buffers�along sensitive; wa er bodies, minimize impervious surfaces, and/or minimize disturbance of soils'�atid ueget °Moan; (2) policies or ordinances that encourage infill development in higher density ut T '�1e g �an,`�reas,'�`�tit� areas with existing storm sewer infrastructure; (3) education programs foreuelopers and the public about minimizing water quality impacts; (4) other measures suc ing the percentage of impervious area after development, use of measures to 11 inirm eldirectly connected impervious areas, and source FilN{{4 �.Lv control measures often thought iras good housekeeping, preventive maintenance and spill prevention.'' "ri" 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 R PERMIT NO. NCS000507 PART VIII DEFINITIONS Act See Clean Water Act. 2. 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). Built -upon Area That portion of a development project that is covered by surface including, but not limited to, buildings; pave met >�. . lots, and paths; and recreation facilities such as tennis cc a wooden slatted deck, the water area of a swimming pc paving material to the extent that the avin P g p g matenaUab: through the paving material Calculation of Means (a) Arithmetic Mean: individual values (b) (c) rv_ous „or partially impervious gra el''areas such as roads, parking "Built -upon area” does not include K pervious or partially pervious water or allows water to infiltrate of any set of values is the summation of the of individual values. 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). 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 A 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, blueprt permit application, zoning request, or computer design) or '`sical �: Y not limited to boundary signs, lot stakes, or surveyor markings ind activities may occur on a specific plot. It can include one operator or many operators. Department Department means the North Carolina pepar i, Division (DWO) `''`` The Division of Water Quality, Director : notice or hearing, ag plans, contracts, n (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 desc"r'ii ed in paragraph (a) or (b) �� µ and that are designated by the Director as part of thelarge or medium separate storm sewer system outfall (or Major municipal separate storm sewer outfall storm sewer outfall that discharges from a sing] more or its equivalent (discharge fro6a sutgle associated with a drainage area of mo%ethan( that receive storm water from lands zoned w r tic,,., plans or the equivalent), an outfall jhat disdhax 12 inches or more or from its equ- valent (dcl with a drainage area of 2 acres oaeinore). > Z najor outfall") means a municipal separate i e "with an inside diameter of 36 inches or 14k, . e other than circular pipe which is res); or for municipal separate storm sewers � al activity (based on comprehensive zoning from a single pipe with an inside diameter of e 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 illici need to be addressed where they are identified as significant sources of.,polluhants to waters of the United States). 17. Non - structural BMP Non - structural BMPs are preventive actions that my,6lveaZiagement and source controls such �. as: (1) Policies and ordinances that provide requirements an d `standards to direct growth to identified areas, protect sensitive areas such as wJetlands aqd� riparian areas, maintain and/or increase open space, provide buffers&ng se'nsitive'-,W',,,, bodies, minimise impervious surfaces, and/or minimise disturbance of soiffi@$vegetW6p; (2) policies or ordinances that encourage infiil development in higher density areas with existing storm sewer infrastructure; (3) education programs farletie = ' lopers and the public about minimizing water quality impacts; (4) other measures such as= minimizing the percentage of impervious area after development, use of measures tdninimize`directly connected impervious areas, and source control measures often thought n4 sM2gr -1 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 21 22. 23. 93 25. Ra 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 rainfalLand t(at;'is preceded by at least 72 hours in which no storm event measuring greater than 0 l4u "ches has .occurred. A single storm event may contain up to 10 consecutive hours "I.M. recipYtat on. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a dvscharenbgins again within the next 10 hours." 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 sodreeswhich 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 ll 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 the'pollutant's sources. A TMDL is a detailed water quality assessment that provides the sczerhfic foundation for an implementation plan. The implementation plan outlines the,,steps pecessary to reduce pollutant IM loads in a certain body of water to restore and maintain water quality stands in all seasons. The Clean Water Act, Section 303, establishes the water qualitystaridards and TMDL programs. 1 n�VY' Part VIII Page 6 of 6 ATTACHMENT 4. DEEDS OF EASEMENT v a P� w cl cl 0 cl a V-4 O o C8 2 C7 .3 Cd � H o o i cn n �w := CIO cn cc � o opt �✓Z UU >, of v�C7 3 o ' 4.- al o -• C7 * W W �✓ C7 U U U U U U %�e I oo vi I'D rn rn �rn N N N N N N O O O O O O R� 0.1 ai O o C8 2 C7 .3 Cd � H o o i cn n �w := CIO cn cc � o opt �✓Z UU >, of v�C7 3 o ' 4.- al o -• C7 * W W �✓ C7 RDoc ecorded: 02/29/20120atT03e04C37 PM Fee Amt: $26.00 Pa ®e l of 4 Revenue Tax: $0.00 Pitt County, NO Deborah T Barrington REG OF DEEDS BK2946Pa7.32 -735 Prepared by & MT1Tfrto: 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 10 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 inconsideration of the stun 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 00° 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 000 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 L 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 89° 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 480 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 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 front 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 L 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 Tow' own; 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, femiinine and neuter. 3 F, IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal, the day and year first above written. ,- w4 NaL rr (SEAL) J � ATHAN TAYLO ITH �� ,,11:71-►•, (SEAL) SHELLEq RAINEY KEITH STATE OF.NORTH CAROLINA COUNTY OF a Notary Public of the aforesaid. County and State, hereby certify 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 Miblic My Commission Expires: _/2 / 1$ / 4-013 ``a�,a� s$ Cty NOTARY STATE OF NORTH CAROLINA PUBLIC COUNTY OF couN,.`��a+ I , a Notary Public ortiie'a oresaid County and State, hereby certify 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 14th day of February, 2012. My Commission Expires: /2/19/Zo/ -? Notary Pu lic 4 C06 V� Z NOTARY UBLIIC O- COU0.1.0, r RDoc ID: ecorded: 02/29/20120atT12e05G41 PM Fee Amt: $26.00 Page 1 of 4 Revenue Tax: $0.00 Pitt County, N$0 Deborah T Barrington REG OF DEEDS BK2946PG557 -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 Ibtbday 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 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 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 710 27' 04" E, 61.90' 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 I A POINT; THENCE S 66° 47' 28" E, 19.05' MORE OR LESS TO A POINT; THENCE S 22° 47' 22" E, 16.91' MORE OR LESS TO A POINT; THENCE S 030 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 010 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 880 49'00" W, 41.00' MORE OR LESS TO A POINT; THENCE N 01° 11'00" 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 660 0l' 42" W, 42.27' MORE OR LESS TO A POINT; THENCE S 020 48' 53" W, 15.59' MORE OR LESS TO A POINT; THENCE N 87° 11' 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 maimer 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 1. . 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. GOOD HOPE FREE WILL BAPTIST CHURCH j Q BY: / , 4 ✓�- BORIS G. BARRETT, SR., Chairman Y THURMAN I, CINTOSH, Co- Chairman STATE OF NORTH CAROLINA COUNTY OF PITT 1, Ruthmarie M. Dempsey , allotary 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. \."'thtkk.,3tie M. LDt:•1q4t r l 40taty Publi': Pitt County, N't.: My Ca"Unirsim Expi"a July 4, 2012 Notary Public 10, 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 16tb day of November, 2011. I "L, lw,.frie M. ]D� �r .0twy Pub�i. . Pitt County, NC: My Commialw Evim July 4, X012 Notary Public My Commission Expires: July 4, 2012 4 Doc %D: 011123920005 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, NC Deborah T Barrington REG OF DEEDS BK2946PG561 -565 Prepared by & Return to: E. Keen Lassiter 4� STATE OF NORTH CAROLINA. COUNTY OF PITT TOWN OF WINTERVILLE GRANT OF DRAINAGE EASEMENT This Easement made and entered into this the 19) " day of October, 2011 by and between EVELYN W. HAGANS, widow, of Wilson County, North Carolina, EVANGELINE W. NOR-FLEET 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 "), 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 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 A LOT DESCRIBED IN DEED BOOK E26 PAGE 146 OF THE PITT COUNTY REGISTRY; THENCE 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, 98.45' MORE OR LESS TO A POINT; THENCE S 88° 45' 00" E, 64.78' MORE OR 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 000 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 constrict, 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 worki-nen 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 fiir-ther 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. „ , (SEAL) EVELYN .H GANS � STATE OF NORTH CAROLINA COUNTY OF �- I, 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 instrumentfor the purposes therein expressed. Witness my and hand and notarial seal, this the j day of October, 2011. N tary Public My Commission Expires: 20 It f �� A� r �� A 01 f►L '� G �. (SEAL) 'EVANGELINE W. NORFL . 7 rd.., ��c Q L, SEAL) ILLIAM NORFLEET STATE OF NORTH CAROLINA COUNTY OF 1, Ll ►e,75h& B- CJka Ui , 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 i �day of October, 2011. Notary Public My Commission Expires: n � 2,01) .W STATE OF NORTH CAROLINA ���' `'4 COUNTY OF I, riIC�� 1� - CkaQ I's, a Notary Public of the aforesaid County and State, hereby certify that WILLIAM NORFLEET personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. ...N,-, Witness my and hand and notarial seal, this the W day of October, 2011. NAry Public 6- C� My Commission Expires: fogy.3,2o1 ) T 0 * jjy� i. ily OTA- Ra J0 WY i 183111111101111111011111111 Recorded: 02/29/20120atTi2e07COS PM Fee Amt: $26.00 Page 1 of 3 Revenue Tax: $0.00 Pitt County, NO Deborah T Barrington REG OF DEEDS EK2946PG566 -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 day 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 unto the Town, its licensees, successors, and assigns, the right, privilege and easement to go in, through, wider 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 030 19' 33" W, 66.43' MORE OR LESS TO A POINT; THENCE S 140 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 worlcrnen 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 Grantor has hereunto set its hand and seal, the day and year first above written. • Vd Y (SEAL) SHIRLEY CJ WILLIAMS STATE OF NORTH CAROLINA COUNTY OF PITT I, Rutlnnarie 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 ,�herein expressed. Witness my and hand and notarial seal, this the . ' tl' day of October, 2011. iN.,-thmarie M. Den 4eAr,y Notary Public Mitt County, NC My Conunbsim Expires July 4, 2012 My Commission Expires: Notary Public Doc ID: 011218550004 Type: CRP Recorded: 04/27/2012 at 03:29 :17 PM Fee Amt: $26.00 Page 1 of 4 Revenue Tax: $O.00 Pitt County, NC Deborah T Barrington REd OF DEEDS BK2965 Pa620 -623 Prepared by & Return to: E. Keen Lassiter .,SL NORTH CAROLINA No title examination performed nor opinion rendered on the property described herein. PITT COUNTY TOWN OF WINTERVILLE GRANT OF DRAINAGE EASEMENT This deed of easement made and entered into this the 1S 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 88" 21' 41" E, 59.10' MORE OR LESS TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 010 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' 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 22° 07' 18" E, 12.39' MORE OR LESS TO A POINT; THENCE S 08° 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 320 56' 53" E, 90.88' MORE OR LESS TO A POINT; THENCE S 480 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 660 47' 28" E, 19.05' MORE OR LESS TO A POINT; THENCE S 22° 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 140 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 560 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 63° 44' 17" W, 108.81' MORE OR LESS TO A POINT; THENCE N 340 12' 25" W, 149.44' MORE OR LESS TO A POINT; THENCE N 120 23' 12" W, 49.45' MORE OR LESS TO A POINT; THENCE N 27° 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 880 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 worlonen 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, PA 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 lawfiilly 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. GATEWAY CHRISTIAN CENTER OF GREENVILLE, INCORPORATE BY: /i / ' . ; _ ,�, �r�� (SEAL) ARTHUR J. D LLA O, President STATE OF NORTH AR LINA COUNTY OF I, , a Notary Public of the aforesaid County and State, hereby certify that ARTH . DELLANO personally appeared before me this day and aclulowledged 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 Z_D day of April, 2012. @ %%I Ito 9sj)'?,g�. -.014 My Commission Expires: Iy r J e��'�• i 1111111 111111 iii 11111 iiii� 11111 11111 11111 11111 11111 11111 11111 11111 11111 iii Dili Doc ID: 011276060003 Type: CRP Recorded: 06/05/2012 at 12:04 :24 PM Fee Amt: $26.00 Page 1 of 3 Revenue Tax: $0.00 Pitt County, NO Deborah T Barrington REG OF DEEDS BK2978 PG307 -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 0' 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 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 unto the Town, its licensees, successors, and assigns, the right, privilege and easement to go in, through, tinder 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 J 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 140 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 worlanen 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 tinge. (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. 96-L. LJI. WuLlou'l) (SEAL) SHIRLEY C. WILLIAMS, as General Guardian for HATTIE CARMON STATE OF NORTH CAROLINA COUNTY OF PITT I, Rutluuarie 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 C a My Commission Expires ----7- "La- - - - - -- Notary Public My Commission Expires: July 4, 2012 ATTACHMENT 5. PROPOSED EROSION & SEDEMENTATION CONTROL PLAN o���yp BEN�y� QQ` AYCMOiy� � oO2�85g 09 v NC #C -0262 y s��FNVILL�' \�VEYORS 'e PROPOSED EROSION AND SEDIMENTATION CONTROL PLAN FOR NOBEL CANAL PROJECT July 16, 2012 4 36 •v . %�jL, •. 1N�� 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. A11 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 cover has been established the temporary structures can be removed good adequate flows. to as 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. K 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 1 B. Lime, Fertilizer, and Seed bed Preparation 1• When soil material is reasonably uniform, apply lime and soil 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: 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 pounds 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. rd 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 sui table 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. 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 one 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. 5 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 Carolina herbicides. When chemicals are used, follow current North 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:1Y or greater. ro VA PERMANENT SEEDING PLANTS AND MIXTURES PLANTING RATES /ACRE PLANTING DATES 1. Stiff, clay -type soil and poorly drained Seeding Date Plants & Mixtures areas. Planting Rates March -April Sericea Lespedeza /Acre 50 -60 lbs. (scarified) April -June Tall Fescue 25 -30 lbs. Sericea Lespedeza 40 -50 lbs. (scarified) 6-8 lbs. Common Bermuda grass (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 March -Jul Y Plants & Mixtures Planting Rates /Acre 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 Planting Rates /Acre April -June Common Bermuda grass 70 lbs. August -Feb Tall Fescue 70 lbs. Rye Grain 40 lbs. VA Note: Fall seeded channels and waterways may need re- seeding in spring, E WINTERVILLE NC PHASE H STORMWATER PERMIT PERMIT NO.: NCS000507 SUBMITTED: 01 -25 -2011 EFFECTIVE DATE: 12 -01 -2011 EXPIRATION DATE; I1 -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 PittCounty 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 D.r + ail�ag +e Study for NobelCanal Pre' ared for. 7 a Town of Winterville GSS16O ..�'�`�' SEAL 026,981 Mu PA. Munday, P. E. 2,981 M In 3109 Date �ti Contents Bauk�nuud------------------------------------------------------- 2 Purpose................................................................................................................................................. —.................. 2 Areauf Study ........................................................................................................................................... ......... ........... 2 DrainageArea Delineation ...................................................................................................... ......... ....... .............. '2 Analysis Methods and Design Parameters ................................................ ................................. ............ ............ ...... 2 Analysis............................................................................................................................... ................ ............ —...... 3 Segmentl ---------.----------------------------------------------3 Segment#2------------------------------------__________________./* Option I —Cbaon����uu�oguu�ooto -----------------_-------______5 Option 2—Cbunnolizaboo along new alignment ...................................................................... .............. .......... ...... _5 Option3— Enclosed Channel ................ ......................................................................... .................................. ........ -u Option4— Detention Pond ....................................... ...................................... ....................... --................................ y Segment#3 .................................................................................................................................................................. V Segment#4 .................................................................................................................................................................. ll Segment#5 ............................................................................................................................................................. .... ll Segment#6 ................................................................................................................................................................. l2 Permitting.............................................................................................................................................. ................. ... G l \ � � ' , � \ Background Nobel Canal is the drainage outfall for approximately 369 acres of the portion of the Town of Winterville Corporate area east of NC Hwy. 11. This drainage area includes 209 acres east of Railroad Street and 160 acres between NC HWY 11 and Railroad Street (Map 42). West of NC Hwy 11 another 162 acres are added to the drainage area for a total of 531 acres. Historically this canal has failed to provide adequate drainage and is a major contributing factor of frequent flooding in some areas and erosion in other areas. Previous studies have concentrated on flooding problems in the areas east of Railroad Street. These include two drainage studies published by Stroud Engineering, one in a report titled Storm Drainage Study for the Town of Winterville dated May 15, 2002 and the other titled Drainage Study for Jones Street Area Flood Abatement dated December 3rd, 2002. These studies showed that a 209 acre drainage area directs 320 CFS of runoff during the 10 year storm event toward Railroad Street where it backs up and floods Circle Drive due to capacity limitations of the three 36" CPP's and the sewer obstruction at Railroad Street. The study concluded that it was not economically feasible to install the 3-72" pipes required to carry the runoff under Railroad Street and redirecting the runoff to Fork Swamp should be considered as an alternate. The three 36" CPP's under the railroad remain as a control limiting the rate of runoff westward from railroad street. Purpose This study is made for the purpose of evaluation of the section of Nobel canal west of Railroad Street to Swift Creek with particular emphasis on the section between Railroad Street and NC HWY '11. Erosion and stability issues are considered as an equal priority as flooding; particularly where erosion and instability have the potential to undermine existing structures in close proximity to the canal and /or otherwise impact private property. Finally, the study will evaluate options for improvements to mitigate flooding, erosion and stability. Area of Study The study area is shown on Map #1 in appendix A and starts at point A just east of Railroad Street and continues to Mill Street, crosses Mill Street and continues north and west to Chapman Street, crosses Chapman Street and continues west to a box culvert in NC Hwy 11, crosses NC HWY 11 and continues southwest and then in a westerly direction to Reedy Branch Road, crosses Reedy Branch Road and continues in a westerly direction to Swift Creels. Drainage Area Delineation Stroud Engineering performed a detailed field investigation and survey of the Nobel Canal outfall from Railroad Street to Swift Creek. The drainage areas are shown on the drainage area Map 42 in appendix B. Analysis Methods and Design Parameters Because of the bottleneck and reverse grades on the existing 36" CPP's at Railroad Street we assume that the headwater will back up to the level of the lowest grade in Railroad Street or 2 elevation 69.00. This is the highest level that can be reached before water starts to pond in Railroad Street. This gives an allowable headwater of 3.87 feet making the headwater to depth ratio 1.29. From the headwater depth chart for 36" corrugated pipes with inlet control the discharge will be 47 CFS per pipe. The total peak discharge for the 3 -36" CPP's will be 141 CFS. This flow is added to the 10 and 25 year peals runoff at each design point in order to size pipe or channels or check existing pipe. The 2 year, 10 year and 25year peak flow runoff are determined for each design point using Soil Conservation Service hydrology charts for Type II storm distribution and are summarized in the table below: Design Point Drainage Area (Acres) 2 Year Storm Surface Runoff (CFS) 10 Year Storm Surface Runoff (CFS) 10 Year Design Stonn *(CFS) 25 Year Storm Surface Runoff (CFS) 25 Year Design Storm *(CFS) A (Railroad) 8 18 34 175 40 181 B 19 35 65 206 77 218 C 30 45 86 227 110 251 D 70 82 155 296 180 321 E 96 105 190 331 240 381 F 102 110 200 341 245 386 G (NC Hwy 11) 160 140 260 401 320 461 H 296 205 400 541 500 641 I (Swift Creels) 322.4 214.5 426 567 537 678 * Includes peak discharge from 3 -36" CPP's at railroad street. Analysis For analysis drainage areas have been separated into five segments as shown on drainage area map #2 Segment 1 This segment runs from Railroad Street to the west side of Mill Street, points A to C on Map # 1 A new 60" CMP has been installed from the 3 -36" CPPs under Railroad Street to Mill Street. The first section from the 36" CPPs to the drop inlet has a positive grade of 0.74% slope. The next two sections have a reverse grade of 0.022% and 0.13% respectively. The threshold of misbehavior for this pipe is also at elevation 69.0 or the highest level water can reach before water starts to pond in Railroad Street. With the invert out at elevation 64.01 the headwater equals 4.99 ft. and the headwater to depth ratio equals 1.00. From the headwater depth chart for CMP the discharge of the 60" CMP in inlet control will be 125 CFS. The total runoff to design point A for the 10 year storm is 175 CFS. It will take a 42" pipe to carry the additional 50 CFS. The cost for installation of this pipe is $62,855 (Table 1). 3 Table 1 Cost Estimate Town of Winterville Nobel Canal Drainage Stud 42" CMP to pa rallel the in segment 1 Item Description Quantity Units Unit Price Amount 1 42" Aluminized Steel 465 LF $ 76.00 $ 35,340.00 2 Junction Boxes 2 AC $ 2,500.00 $ 5,000.00 3 Tie to Existing Junction Box 1 AC $ 2,500.00 $ 2,500.00 4 Seeding & Mulching 0.3 AC $ 1,800.00 $ 540.00 5 Rip Rap 50 Ton $ 50.00 $ 2,500.00 SuUTotal $ 45,880.00 Contingencies 10% $ 4,588.00 Contractors Overhead & Profit 15% $ 6,882.00 Engineering 6% $ 2,752.80 Construction Administration & Inspection 6% $ 2,752.80 Total $ 62,855.60 Note: Does not include land cost The peals discharge rate for the 25 year storm at design point B is 218 CFS. The 25 year storm is used at this point to meet NCDOT requirements. The existing box culvert under Mill Street is 6'x4' and has a slope of 0.35 %. The attached Flowmaster worksheet shows that the depth in the box culvert will be 3.81 feet at a discharge of 218 CFS. The actual 25 year storm is at elevation 67.83 feet which causes no problems in Railroad Street or Mill Street so the existing 6'x4' box culvert is adequate. Segment #2 This segment runs from the west side of Mill Street to the inlet of the twin 60" CMP's on the east side of Chapman Road, points C to E on map # 2. The peals discharge rate to point C for the 10 year storm is 227 cfs. Analysis of the existing channel shows that the highest water level in relation to the channels top of bank occurs at station 6 +00 (See maps 3A,3B or 3C) where the distance from the bottom of the channel to the top of the bai-lc is 5.3 feet. The projected depth of flow for the 10 year — 24 hour storm in the existing channel is 5.25 feet which virtually leaves no free board during the 10 year — 24 hour storm. An area of particular concern is the stability of the canal as it traverses along the southern boundary of Good Hope Baptist Church. The church has expressed concern that the flow of stormwater through the canal is contributing to settlement of the church building foundation. Visual field observation of this section revealed that the top of the bank of the existing charmel is only 12 feet from the building and that the channel is eroding. Though the building appears to be in no immediate danger of structural failure at this time, if nothing is done, gradual erosion on 4 the long term could undermine the building foundation causing unacceptable settlement. Catastrophic storm events such as hurricanes could place the building in immediate peril. To address the problems with this section four options are considered: Option 1 — Channelization along current alignment To achieve an acceptable freeboard during the 10 year storm event the channel would need to be 10 feet wide at the bottom. With 2:1 side slopes the channel would be a minimum of 30 feet wide at the top. This would require additional easements. Most importantly such a channel would do little to alleviate potential hazards in the vicinity of Good Hope Baptist Church. Therefore no further consideration is given to this option. Option 2 — Channelization along new alignment In order to move the problem area away from Good Hope Baptist and avoid constructing a number of large expensive junction boxes, Stroud Engineering looked at rerouting Nobel Canal in this area by channelization from the west con-n- ion corner of now or formerly the Carman Leamon Heirs and Daniel A. Jones property straight to the existing twin 60" CMP's (See Maps 3A, 3B and 3C in Appendix C). This route will keep the majority of required easements on the Gateway Christian Center property and the relocation will move the channel approximately 100 feet from the Good Hope Baptist Church property. The proposed channel would be 10 feet wide at the bottom with 2:1 side slopes malting it approximately 30 feet wide at the top. Side slopes may be stabilized with grass however better and more permanent erosion control and stabilization could be achieved with an armored channel. Costs are estimated at $428,637 for the grassed channel or $784,372 for the armored channel. (Tables 2 and 3) Table 2 Cost Estimate Town of Winterville Nobel Canal Drainage Stud Trapezoidal Channel Across Gateway Christian Center Pro erty Item Description Quantity Units Unit Price Amount 1 18" RCP 36 LF $ 25.00 $ 900.00 2 36" RCP 110 LF $ 67.00 $ 7,370.00 3 42" RCP 72 LF $ 120.00 $ 8,640.00 4 18 "FES 1 LF $ 700.00 $ 700.00 5 42" FES 1 Ea $ 1,600.00 $ 1,600.00 6 Junction Boxes 4 Ea $ 2,000.00 $ 8,000.00 7 Large Junction Boxes 1 Ea $ 5,000.00 $ 5,000.00 8 Misc. Clearing &Grubbing 0.1 Ac. $ 7,000.00 $ 700.00 9 Seeding & Mulching 2.4 Ac. $ 1,800.00 $ 4,320.00 10 Rip Rap 350 Ton $ 50.00 $ 17,500.00 11 Canal Excavation (Onsite Disposal) 4938 CY $ 9.00 $ 44,442.00 12 Canal Excavation (Offsite Disposal) 1186 CY $ 12.00 $ 14,232.00 13 Flume Removal 20 LF $ 10.00 $ 200.00 5 Table 3 Subtotal Town of Winterville Nobel Canal Drainage Stud Trapezoidal Channel Across Gateway Christian Center Pro e $ 113,604.00 Contingencies 10% $ 11,360.40 Description Contractors Overhead & Profit 15% Unit Price Amount $ 17,040.60 18" RCP Engineering 6% $ 25.00 $ 900.00 $ 6,816.24 36" RCP Construction Administration & Inspection 6% $ 67.00 $ 7,370.00 $ 6,816.24 42" RCP Mitigation Costs 1050 LF 260 $ 273,000.00 18 "FES Total LF $ 700.00 $ 700.00 $ 428,637.48 42" FES 1 Ea $ 1,600.00 $ 1,600.00 6 Junction Boxes Note: Does not include land cost Ea Table 3 Cost Estimate Town of Winterville Nobel Canal Drainage Stud Trapezoidal Channel Across Gateway Christian Center Pro e Item Description Quantity Units Unit Price Amount 1 18" RCP 36 LF $ 25.00 $ 900.00 2 36" RCP 110 LF $ 67.00 $ 7,370.00 3 42" RCP 72 LF $ 120.00 $ 8,640.00 4 18 "FES 1 LF $ 700.00 $ 700.00 5 42" FES 1 Ea $ 1,600.00 $ 1,600.00 6 Junction Boxes 4 Ea $ 2,000.00 $ 8,000.00 7 Large Junction Boxes 1 Ea $ 5,000.00 $ 5,000.00 8 Misc. Clearing & Grubbing 0.1 Ac. $ 7,000.00 $ 700.00 9 Seeding & Mulching 1.6 Ac. $ 1,800.00 $ 2,880.00 10 Rip Rap 350 Ton $ 50.00 $ 17,500.00 11 Canal Excavation (Onsite Disposal) 4938 CY $ 9.00 $ 44,442.00 12 Canal Excavation (Offsite Disposal) 1186 CY $ 12.00 $ 14,232.00 13 Armor-form Reinforced Channel Liner 37300 SF $ 7.00 $ 261,100.00 14 Flume Removal 20 LF $ 10.00 $ 200.00 Subtotal $ 373,264.00 Contingencies 10% $ 37,326.40 Contractors Overhead & Profit 15% $ 55,989.60 Engineering 6% $ 22,395.84 Construction Administration & Inspection 6% $ 22,395.84 Mitigation Costs 1050 LF 260 $ 273,000.00 Total $ 784,371.68 Note: Does not include land cost Option 3 — Enclosed Channel This option would follow would follow the same alignment as option 2, but the channel would be enclosed either by pipe or concrete box culvert. In this case the straighter alignment would reduce the total length of the pipe or box culvert and would also reduce the number of large expensive junction boxes. Two 60" pipes would be required. Piping costs are estimated to be $951,503, for 60" RCP (Table 4), or $772,647 for 60" aluminized steel (Table 5). If a box culvert is used the required size is 5' x 6. Cost for the box culvert is estimated to be $852,251 (Table 6). Therefore, the least expensive enclosed channel option is piping the channel using twin 60" aluminized steel pipes at a cost of $772,647 (Table 5). Table 4 Cost Estimate Town of Winterville Nobel Canal Drainage Stud Twin 60" RCP Pipes Across Gateway Christian Center Property Item Description Quantity Units Unit Price Amount 1 18" RCP 52 LF $ 25.00 $ 1,300.00 2 36" RCP 110 LF $ 67.00 $ 7,370.00 3 42" RCP 72 LF $ 120.00 $ 8,640.00 4 60" RCP 1600 LF $ 230.00 $ 368,000.00 5 18" FES 1 Ea $ 600.00 $ 600.00 6 60" FES 4 Ea $ 5,000.00 $ 20,000.00 7 Junction Boxes 4 Ea $ 2,000.00 $ 8,000.00 8 Large Junction Boxes 1 Ea $ 5,000.00 $ 5,000.00 9 Misc. Clearing & Grubbing 0.1 Ac. $ 7,000.00 $ 700.00 10 Seeding & Mulching 1.6 Ac. $ 1,800.00 $ 2,880.00 I I Rip Rap 350 Ton $ 50.00 $ 17,500.00 12 Fill Ex. Canal (Onsite) 1396 CY $ 9.00 $ 12,564.00 13 Fill Ex. Canal (Offsite) 3542 CY $ 12.00 $ 42,504.00 14 Flume Removal 20 LF $ 10.00 $ 200.00 Subtotal $ 495,258.00 Contingencies 10% $ 49,525.80 Contractors Overhead & Profit 15% $ 74,288.70 Engineering 6% $ 29,715.48 Construction Administration & Inspection 6% $ 29,715.48 Mitigation Costs 1050 LF $ 260.00 $ 273,000.00 Total $ 951,503.46 Note: Does not include land cost Table 5 Cost Estimate Town of Winterville Nobel Canal Drainage Stud Twin 60" Aluminized Steel Pipes Across Gateway Christian Center Property V/ Table 6 Cost Estimate Town of Winterville Nobel Canal Drainage Stud Concrete Box Culvert Across Gatewa Christian Center Pro erty Ite Description Quantity Units Material Labor & Mat. & Total Unit Price Amount 18" RCP 52 E . Lab. $ 1,300.00 m 1 18" Aluminized Steel 52 LF $ 10.00 $ 13.00 $ 23.00 $ 1,196.00 2 36" Aluminized Steel 110 LF $ 23.00 $ 33.00 $ 56.00 $ 6,160.00 3 4'2" Aluminized Steel 72 LF $ 26.00 $ 50.00 $ 76.00 $ 5,472.00 4 60" Alum�ze 0 LF $ 59.00 $ 90.00 $ 149.00 $238,400.00 8 �1�1 ES Ea $ 110.00 $ 100.00 $ 210.00 $ 210.00 6 60" Aluminized FES 4 Ea $ 2,000.00 $ 1,000.00 $ 3,000.00 $ 12,000.00 7 60" Bands 80 Ea $ 59.00 $ 90.00 $ 149.00 $ 11,920.00 Ea $ 2,000.00 $ 8,000.00 8 Junction Boxes 4 Ea $ 5,000.00 $ 5,000.00 9 Large Junction Boxes 1 10 Misc. Clearing & Grubbing 0.1 Ac. $ 7,000.00 $ 700.00 Seeding &Mulching 1.6 Ac. $ 1,800.00 $ 2,880.00 11 Rip Rap 350 Ton $ 50.00 $ 17,500.00 12 Fill Ex. Canal (Onsite) 1396 CY $ 9.00 $ 12,564.00 13 14 Fill Ex. Canal (Offsite) 3542 CY $ 12.00 $ 42,504.00 15 Flume Removal 20 LF $ 10.00 $ 200.00 Subtotal $364,706.00 Contingencies 10% $ 36,470.60 $ 54,705.90 Contractors Overhead & 15% Profit $ 21,882.36 Engineering 6% $ 21,882.36 Construction Administration 6% & Inspection 1050 LF $ 260.00 $273,000.00 Mitigation Costs $772,647.22 Total Note: Does not include land cost Table 6 Cost Estimate Town of Winterville Nobel Canal Drainage Stud Concrete Box Culvert Across Gatewa Christian Center Pro erty Item Description Quantity Units Unit Price Amount 18" RCP 52 LF $ 25.00 $ 1,300.00 1 2 36" RCP 110 LF $ 67.00 $ 7,370.00 3 42" RCP 72 LF $ 120.00 $ 8,640.00 4 5'x6' Box Culvert 800 LF $ 380.00 $ 304,000.00 5 Wingwalls Junction Boxes 2 4 Ea Ea $ 6,000.00 $ 2,000.00 $ 12,000.00 $ 8,000.00 6 7 Large Junction Boxes Misc. Clearing & Grubbing Seeding & Mulching Rip Rap 1 0.1 1.6 350 Ea Ac. Ac. 1 Ton $ 5,000.00 $ 7,000.00 $ 1,800.00 1 $ 50.00 $ 5,000.00 $ 700.00 $ 2,880.00 $ 17,500.00 8 9 10 8 11 Fill Ex. Canal (Onsite) 1345 CY $ 9.00 $ 12,105.00 12 Fill Ex. Canal (Offsite) 3593 CY $ 12.00 $ 43,116.00 13 Flume Removal 20 LF $ 10.00 $ 200.00 18" RCP Subtotal LF $ 25.00 $ 1,750.00 $ 422,811.00 36" RCP Contingencies 10% $ 67.00 $ 7,370.00 $ 42,281.10 42" RCP Contractors Overhead & Profit 15% $ 120.00 $ 12,720.00 $ 63,421.65 48" RCP Engineering 6% $ 160.00 $ 5,120.00 $ 25,368.66 60" RCP Construction Administration & Inspection 6% $ 230.00 $ 22,080.00 $ 25,368.66 18 "FES Mitigation Costs 1050 LF $ 260.00 $ 273,000.00 42" FES Total Ea $ 1,600.00 $ 1,600.00 $ 852,251.07 48" FES 1 Ea $ 2,200.00 $ 2,200.00 9 60" FES Note: Does not include land cost Ea Option 4 — Detention Pond Stroud Engineering considered construction of a detention pond to limit the rate of discharge and thereby reduce the scope of required downstream improvements. An attempt was made to minimize the size of the pond by selecting the maximum release rate which could be accommodated by downstream channels and pipes. The preliminary analysis shows that a 48" pipe outlet would limit the outflow to below the bank full capacity of the existing downstream channel to NC HWY 11.The pond would require surface area of 6.2 acres and require a total area of 7 to 8 acres. The only land available for a pond this size belongs to the Gateway Christian Center and this property is also adjacent to the Good Hope Baptist Church property. Estimated cost for the pond is $1,655,826 (Table 7) Table 7 Cost Estimate Town of Winterville Nobel Canal Drainage Stud Detention Pond on Gat ewa Christian Center Pro e Item Description Quantity Units Unit Price Amount 1 18" RCP 70 LF $ 25.00 $ 1,750.00 2 36" RCP 110 LF $ 67.00 $ 7,370.00 3 42" RCP 106 LF $ 120.00 $ 12,720.00 4 48" RCP 32 LF $ 160.00 $ 5,120.00 5 60" RCP 96 LF $ 230.00 $ 22,080.00 6 18 "FES 1 LF $ 700.00 $ 700.00 7 42" FES 1 Ea $ 1,600.00 $ 1,600.00 8 48" FES 1 Ea $ 2,200.00 $ 2,200.00 9 60" FES 4 Ea $ 5,000.00 $ 20,000.00 10 60" Riser w/ Trash Rack 1 LS $ 1,500.00 $ 1,500.00 11 Junction Boxes 4 Ea $ 2,500.00 $ 10,000.00 12 Misc. Clearing & Grubbing 0.1 Ac. $ 7,000.00 $ 700.00 13 Seeding & Mulching 7 C. $ 1,800.00 $ 12,600.00 14 15 Rip Rap Pond Excavation (Offsite Disposal) 350 77895 Ton CY $ 50.00 $ 12.00 $ 17,500.00 $ 934,740.00 9 16 Flume Removal 20 LF $ 10.00 $ 200.00 Zment Subtotal $ 1,050,780.00 Contingencies 10% Quantity Units $ 105,078.00 Amount Contractors Overhead & Profit 15% 255 LF $ 157,617.00 $ 28,560.00 Engineering 6% 2 AC $ 63,046.80 $ 6,000.00 Construction Administration & Inspection 6% 2 AC $ 6,304.68 $ 5,000.00 Mitigation Costs 1050 LF $ 260.00 $ 273,000.00 $ 1,080.00 Total Replace Curb and gutter 30 LF $ 1,655,826.48 $ 510.00 4 Seeding & Mulching 0.2 AC $ 1,800.00 360.00 J$$E5,000.00 Note: Does not include land cost Rip Rap Segment #3 This segment runs from the inlet of the twin 60" CMP's on the east side of Chapman Road to the outlet of the twin 60" CMP's on the west side of Chapman Road, points E to F on Map # 2. The second 60" CMP has been installed parallel to the existing 60" CMP under Chapman Street since the last study. The original CMP has a reverse grade of 0.1 % up to Chapman Street and a 0.3% reverse grade under Chapman Street and has a positive grade of .02% to the outlet. The new 60" CMP has a 0.05% grade up to Chapman Street and a 0.22% grade under Chapman Street and a 0.16% grade to the outlet. The threshold of misbehavior for these pipes is at elevation 65.75 feet. This is the highest water level that can be reached before water starts backing up into Chapman Street. The highest invert out is at elevation 60.81 so the allowable headwater equals 4.94 ft and the headwater to depth ratio equals 0.99 feet. From the headwater depth chart for 60" CMP with inlet control the discharge equals 125 CFS per pipe for a total of 250 CFS. These pipes need to be able to carry the peals flow to design point F which is 341 CFS. It will take a 54" CMP to carry the additional 91.0 CFS. The cost of an additional 54" Aluminized pipe is $63,718 (Table 8). Table 8 Cost Estimate Town of Winterville Nobel Canal Drainage Stud 54" Aluminized pipe parallel to the existin twin 60" RCP's se Zment Item Description Quantity Units Unit Price Amount 1 54" Aluminized Steel 255 LF $ 112.00 $ 28,560.00 2 Catch Basins 2 AC $ 3,000.00 $ 6,000.00 3 54" FES 2 AC $ 2,500.00 $ 5,000.00 4 Replace Pavement 90 SY $ 12.00 $ 1,080.00 5 Replace Curb and gutter 30 LF $ 17.00 $ 510.00 4 Seeding & Mulching 0.2 AC $ 1,800.00 360.00 J$$E5,000.00 5 Rip Rap 100 on $ 50.00 Sub Total $ 46,510.00 Contingencies 10% $ 4,651.00 Contractors Overhead & Profit 15% $ 6,976.50 Engineering 6% $ 2,790.60 Construction Administration & Inspection 6% $ 2,790.60 10 Total $ 63,718.70 Note: Does not include land cost Segment #4 This segment runs from the outlet of the 60" CMP's on the west side of Chapman Road to the outlet of the 6' x 7' box culvert on the west side of NC Hwy 11, points F to H on Map # 2. The open channel canal portion of this section, points F to G, is practically flat, zero % slope. The discharge for the 10 year storm equals at design point F is 341.00 CFS and easily overtops the bank of the existing channel. At design point G at the inlet to the box culvert on NC Hwy 11. the design flow increases to 401 cfs for the 10 year storm and to 461 cfs for the 25 year storm. This is assuming no up stream detention, i. e. option 4 for segment 2 above. At flows of this magnitude, the stream bank overflows and the water surface elevation is controlled by the inlet of the box culvert at Hwy. 11. The culvert capacity chart for a 6' X 7' box culvert indicates a headwater depth ration of 1.30 feet for the 10 year storm. This would put the surface water elevation at about 69.7 feet which would result in approximately 3 feet in the vicinity of NC Hwy. 11. This flooding would be eliminated by construction of the storm water detention pond, option 4, segment 2. Work on this section of the canal would be limited to cleanout and bank stabilization. This work would likely require a DWQ Water Quality Certification and possibly a Corps of Engineers permit. Cost is estimated to be $22,684 (Table 9). Table 9 Cost Estimate Town of Winterville Nobel Canal Drainage Stud Trapezoidal Channel from the existin 60" CMP's to NC RNW 11 Item Description Quantity Units Unit Price Amount 1 Canal Excavation (Onsite Disposal) 1682 LF $ 9.00 $ 15,138.00 2 Misc. Clearing & Grubbing 0.1 AC $ 7,000.00 $ 700.00 3 Seeding & Mulching 0.4 AC $ 1,800.00 $ 720.00 Subtotal $ 16,558.00 Contingencies 10% $ 1,655.80 Contractors Overhead & Profit 15% $ 2,483.70 Engineering 6% $ 993.48 Construction Administration & Inspection 6% $ 993.48 Tota( $ 22,684.46 Note: Does not include land cost Segment #5 This segment runs from the outlet of the box culvert at NC Hwy. 11 to Reedy Branch Road. The design flow for the 10 year storm is 541 cfs without upstream detention. This section has an 11 average slope of 0.26 %. This flow would exceed the capacity of the canal in its present condition and the flow would top the banks without substantial channel improvements. Any channel improvements over and above maintenance would likely require mitigation at a cost of $260 per foot for the mitigation alone, making the project cost prohibitive. However, if the storm water detention pond, option 4, segment 2 above is constructed, the 10 year design flow would be reduced to 310 cfs. With the reduced flow a maintenance cleanout and bank stabilization project would improve the channel to the point that it would accommodate the 10 year storm. This would still require a DWQ Water Quality Certification and possibly a Corps of Engineers permit. Estimated cost for the clean out and stabilization project is $227,283 (Table 10). Table 10 Cost Estimate Town of Winterville Nobel Canal Drainage Stud Trap ezoidal Channel East of NCH 11 to Reed Branch Rd. (With Detention Item Description Quantity Units Unit Price Amount 1 Clearing & Grubbing 2 Ac. $ 71000.00 $ 14,000.00 2 Seeding & Mulching 4.5 Ac. $ 1,800.00 $ 8,100.00 3 Rip Rap 85 Ton $ 50.00 $ 4,250.00 4 Canal Excavation (Offsite Disposal) 9694 CY $ 12.00 $ 116,328.00 5 Grass Channel Liner 3.2 Ac. $ 7,000.00 $ 22,400.00 6 Ex. 15" CMP Removal 6 LF $ 15.00 $ 90.00 7 Ex. 18" CCP Removal 24 LF $ 18.00 $ 432.00 8 Ex. 8" Terra -cotta Pipe Removal 6 LF $ 10.00 $ 60.00 9 Ex. 24" CMP Removal 10 LF $ 24.00 $ 240.00 Subtotal $ 165,900.00 Contingencies 10% $ 16,590.00 Contractors Overhead & Profit 15% $ 24,885.00 Engineering 6% $ 9,954.00 Construction Administration & Inspection 6% $ 9,954.00 Total $ 227,283.00 Note: Does not include land cost Segment 4 6 This segment begins at Reedy Branch Road runs to Swift Creels. The design flow for the 10 year storm is 567 cfs without upstream detention. This section has an average slope of 0.30% This flow would exceed the capacity of the canal and the flow would top the banks without substantial channel improvements Any channel improvements over and above maintenance would likely require mitigation at a cost of $260 per foot for the mitigation alone, making the project cost prohibitive. However, if the storm water detention pond, option 4, segment 2 above is constructed, the 10 year design flow would be reduced to 451 cfs. With the reduced flow a maintenance cleanout and bank stabilization project would improve the channel to the point that 12 it would accommodate the 10 year storm. This would still require a DWQ Water Quality Certification and possibly a Corps of Engineers permit. Estimated cost for the clean out and stabilization project is $115,844 (Table 11). Table 11 Cost Estimate Town of Winterville Nobel Canal Draina a Stud T zoidal Channel East of Reed Branch Rd. to Swift Creek ith Detention Item Description Quantity Units Unit Price Amount 1 Clearing & Grubbing 0.5 Ac. $ 7,000.00 $ 3,500.00 2 Seeding & Mulching 0.7 Ac. $ 1,800.00 $ 1,260.00 3 4 Rip Rap Canal Excavation (Offsite Disposal) 85 2734 Ton CY $ 50.00 $ 12.00 $ 4,250.00 $ 32,808.00 5 Grass Channel Liner 0.8 Ac. $ 7,000.00 $ 5,600.00 6 72" Aluminized Steel Pipe 108 LF $ 175.00 $ 18,900.00 7 72" Aluminized FES 6 LF $ 2,800.00 $ 16,800.00 8 Ex. 54" CMP Removal 36 LF $ 40.00 $ 1,440.00 Subtotal $ 84,558.00 Contingencies Contractors Overhead & Profit 10% 15% $ 8,455.80 $ 12,683.70 Engineering Construction Administration & Inspection 6% 6% $ 5,073.48 $ 5,073.48 Total $ 115,844.46 Note: Does not include land cost At the intersection of Nobel Canal and Swift Creels there is an existing 54" CMP that has a slope of 6.5% and the calculated velocity is 17.07 ft /s. This high velocity is causing scouring to occur in Swift Creels at the pipe outlet. (The flowmaster worksheet shows that it will take three 72" pipes to carry the 567 CFS discharge at the average channel slope of 0.3 %. If the detention pond is constructed the discharge to this point will be 336 CFS and 3 -54" pipes will be required to carry this flow at 0.3% slope. The costs of the canal improvements west of NC HWY 11 are shown in Table 8.) Permitting The entire length of Nobel Canal is indicated on USGS Quad Maps and the Pitt County Soil Survey as a blue line stream subject to the Neuse River Buffer Rules. It is possible that portions of the upper reaches of the canal could be released by DWQ pursuant to a field determination by a representative of the North Carolina Division of Water Quality. Work in any section of the canal subject to these rules would require a Water Quality Certification. An application is required accompanied by a fee of $540.00. Any improvements affecting more than 150 feet of 13 stream length, if allowed would require mitigation. If mitigation is allowed through the NC Ecosystem Enhancement program the fee will be $260.00 per foot of stream impact. It is also probable that the stream bottom will be considered 404 wetlands and as such would require a Corps of Engineers permit before any work could be done. The Corps of Engineers could also require mitigation. The canal west of NC HWY 11 is a drainage district canal, South eastern drainage district A. Any work in that section will require permission by the Drainage District. An erosion and sedimentation control permit will be required for any work disturbing more than one acre of land. The application fee is $200 per disturbed acre. Summary Conclusion and Recommendations All options not involving detention impact downstream impacts to the point that either channelization or piping become cost prohibitive. Mitigation costs alone for channel improvements or piping would be $260 per foot affecting as much as 5400 feet of stream bed for a total cost of $1,404,000. By constructing a detention pond, the discharge can be limited to the point where work, in the channel can be reduced to clean out and bank stabilization. This work will still require permitting but should avoid mitigation costs. The detention pond option is the most expensive for segment 2; however none of the other options affect cost prohibitive needs downstream and none of the other options have the potential to avoid expensive mitigation. This option would also eliminate the need for the 54' CMP at Chapman Street. Stroud engineering total project recommendations are summarized in Table 12 below. Table 12 Cost Summary Town of Winterville Nobel Canal Improvements Recommendations Segment Description Estimated Cost 1 42" CMP $ 62,855.00 2 Detention Pond $ 1,655,826.00 3 No Work $ - 4 Clean Out & Stabilization $ 22,684.00 5 Clean Out & Stabilization $ 227,283.00 6 Clean Out &Stabilization $ 115,844.00 Total $ 2,084,492.00 14 Appendix A Map #I -Study Area Map Appendix B Drainage Area Map and Design Point Peak Rates of Discharge Exhibit 2-10 PEAK RATES OF DISCHARGE FOR SMALL WATERSHEDS TYPE I[ STORM DISTRIBUTION SLOPES - FLAT CURVE NUMBER - 85 24 HOUR RAINFALL FROM US WB TP-40 0 0 7 C C C 0 C CCQ C C C C Q 0 C 0 C 0 0 � c 0 0 0 C 0 0 0 o , o 0 l m t Lo D , 0m . ..... . ..... . . . ............................................ .. . .. ............. -- ........ .... --- . ..... .. ... ............ .. ........ ...... . ...... .. ... . .. .......... I i I ? T 7 9tn) �uuu 1000 900 Soo 700 600 O 500 (D 400 0 Lij U) 300 200 Lij u- 100 90 80 LIJ 70 60 < 50 C-) 40 30 20 ill v @ B-24 10 4 Dc Exhibit 2 -10 B -24 ;,y, -77€5 cy / -(n5.6 r -3 5J5 PEAK RATES OF DISCHARGE FOR SMALL WATERSHEDS TYPE II STORM DISTRIBUTION SLOPES - FLAT CURVE NUMBER - 85 i 24 HOUR RAINFALL FROM US WB TP -40 0 LO LO n 00 Ql� 0 N 0 0 0 0 0 0 0 0 0000 0 0 0 m U LO to n W rn.-� 0 0 0 0000 0 0 ocoo0 Ln 0 0 0 2000 ............ _..... ...... _.. _ . .... ...... -... ....... 000 l000 _ .' _ 10 900 ._::: .. .: . 800 .... :... _. :. - - ± 800 700 . -;.:: - - ._ .. -.. _ 600 600 500 __ . ._... _ .:_...: . __........ - 500 z � 400 �.. , ... ; _. .. - 400 W _ 300 ... .; ... _ . _..:_ _;. \� - 300 LLJ .... d ad — 200 ................ . ._.._. 200 LW 00 S U_ m Q, 100 _ _90 . _ .... 100 .. _ W W 70 70 �. -. 70 50 .. .. : __ 40 �,p 3 W�.... .. :.... _.. ..,. ., ......_. 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DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE ES- 1027 for Conservation Practices" SHEET 6 OF 21 ENGINEERING DIVISION - HYDROLOGY BRANCH DATE 2 -15 -71 B -24 ;,y, -77€5 cy / -(n5.6 r -3 5J5 Exhibit 2-10 PEAK RATES OF DISCHARGE FOR SMALL WATERSHEDS TYPE I[ STORM DISTRIBUTION SLOPES - FLAT CURVE NUMBER - 85 24 HOUR RAINFALL FROM US WB TP-40 LO 00 C)2 C 0 0 0 M -It l0 r- coo) C\j m cF 0 0 0 0 0000 0 In ID 00 a) ..... . ......... .. .. 2000 .... ...... . ........ . . .......... --7 2000 ....... ....... ........ . ... . .... :1000 --j -,j ....... ................. . - ... . ............. . .... ............................ . 1000 900 ......... ...... .... .... . ........... ...... . . .................. ................. . . 900 800 . ..... .. .................. ...... . ... .. ...... .... . ..... . ...... ................ . .... ..... . . ...... ..... ... .......... ........... ..... ...... . ............... . ............... 800 700 ... . .. . . . . ................. ......... . . ... . . ......... ..... .... . .. ..... ... ........ .... 700 ....... . ....... . ........ . ............ 100 7. . . ... . .. .... ........ .... .................. - ........... ........ .... 600 C� 500 .......... . . ... ............ . ... .......... ........... . .. ..... ... .. .... . .. ....... ............ ....... . 500 (D 400 ... ........ ...... .. ....... ......... .. ............ . . .. . . ...... . ... - ........ . ............. . - . . ....... ... ... . . 400 LLJ.. ... ... ..... ... .. .. 300 ... . .... .............. . .. ..... .. . ... ...... .. ....... .... . . ........ . ...... .............. 300 Ld 200 ..... ....... .. ... .. . ........ 200 LU w 'Lai b 100 ..... 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Ld . . .......... . .. ..... ..... 70 C3 60 . . ...... ....... . .... ... ...... . ... .......... .... . ..... ..... .... . .... .. . .... . ...... 60 ... .. ..... .. .. ......... . . .. .... ... ... .... .......... . . ... .... ... ... . ..... 50 40 ........ ..... 40 30 .1 . ....... ... . ....... . 30 Ld ... ..... ...... 20 . .. ........ . .......... . . ...... .... ... .. .. ...... ... .. ........... ............. . . ..... ........ .. . . .......... ........ ... .. -J. ................... ... . ....... ......... . 20 10 x ... . .. . .. .. ........ . ..... . ......... ... .... ... ...... ...... .... .. .... ..... ...... . . .. . ................ ... . ......... -1 10 9 ....... . ... . ... ...... .... . . . ... ........ .. ............. .... ...... .... ... . ...... . ..... ...... .......... ... ... ... ....... .. 9 1 7 8 ............ . .......... . ..... . .. ...... . .... ... — ...... . ... .. . .... .... ...... . ....... .............. . . ... . ......... . ......... - - ------ 8 7 . ..... . ..... .......... . .... . ............ ... . ...... . ... ... . ......... .......... . ......... 7 ........... ....... .... 6 7 . ...... ..... ...... ..... . ...... ... . ....... ........ .. .. .. . ...... ..... ... ..... ...... 6 5 L .. ... ... ..... r, C .. ... ...... ... ......... ..... ... ..... . ....... ......... ... 0 0 C 00000 0 C C . . ..... ........ . ........ 5 C 00000 C:) Ln �0 00 M COO) O C C C C\1 m ,t 0 R 0 0 �0 C Q co C)2 C\1 PT L DRAINAGE AREA IN ACRES Z,30 Exhibit 2-10 To c,1 Q,a o PTL,: � 141 (Js z c- EFM Notice -4, 5/71 REFERENCE STANDARD DWG. NO. "Chapter 2, Engineering Field Manual U. S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE ES- 1027 6 OF 21 for Conservation Practices" ENGINEERING DIVISION - HYDROLOGY BRANCH SHEET DATE 2-15 - 71 B-24 Exhibit 2 -10 W LIJ S U_ m A;; 100 - 100 U 90 90 z 80 - . . - - r — LLJ 1 c7 60 _._.. ... 60 _�o _.. p 5 U _ _' - 40 _ ... _ ... _. � 30 - . . w �1 w 20 i . __._.. - -- - 10 ' g . - _ ... 9 .._ ..... . ..... 7 6 5 5 .. ...._,.._.. .._..._ , __. ., - - -- .. ..._.. - _.,_... Ln eorno 0 o c o 0000o 0 0 0 0 00000 0 N m It Ln tD r�Nrn0 O O �O 0 Ln 0 00000 O N PT DRAINAGE AREA IN ACRES C> '; " Z 0 fi Exhibit 2 -10 1�5 = 2q! f, s EFM Notice -4, 5/71 REFERENCE STANDARD DWG. N0. "Chapter 2, Engineering Field Manual U. S. DEPARTMENT OF AGRICULTURE ES- 1027 for Conservation Practices'' SOIL CONSERVATION SERVICE SHEET 6 of 21 ENGINEERING DIVISION - HYDROLOGY BRANCH DATE 2-15-71 B -24 PEAK RATES OF DISCHARGE FOR SMALL WATERSHEDS TYPE]]: STORM D DISTRIBUTION SLOPES - FLAT CURVE NUMBER - 85 24 HOUR RAINFALL F FROM US W8 TP -40 0 0 0 0 0 0 0 0 0 0 0 2000 ,_ _ __ __... , _ ....... ._ .. . ..... . . ....,.... 1000 - . ... ., .... .. 1 1000 900 -'- ...` _ .:. ............................. : : . :: 900 800 -'- ..._ _ _;.: . ............... .:.. ... . ..... 8 800 700 .,.. 700 600 _..__......- ..: . 600 500 _ .. .. ,.... 5 00 � z O 4 400 _ <.. .. _: „_:.. _..:.... 400 w 300 -__. .. .. ..... . ..... t ti - - - - _ _... ! 300 W g ID— _ J�� g - _ B -24 Exhibit 2 -10 PEAK RATES OF DISCHARGE FOR SMALL WATERSHEDS TYPE II STORM DISTRIBUTION SLOPES - FLAT CURVE NUMBER - - 85 24 HOUR RAINFALL FROM US WB TP -40 o O o 0 0 0 0 0 2000 1 —;. _... .._:_.._ . ......... 2 2000 1000 . :: 1 1000 ... . _ 900 800 _ _... 800 700 .. _ . ...::. .. ....... ...: _. . ... .......... ............ .._ ... - m 7 700 600 ..... .. _ .. _... { ..., ..!_ _ _ _ .. __. .._ - :_ .......:: . .. 600 D 500 .. ..._. _ _ ..;.._ . ... :. . _... 500 z 400 : ..... ............. ;..... . . , -. ..._ .... 400 w _ _ 300 .. ................... _.. .., ..... ._.. \ \ti - - 1 1 300 LU o h w � 2 4 200 w 2 b 5 U_ QD q q` - B -24 _, F �► Q cF c Exhibit 2 -10 B -24 7 - )4.C�5 -) 00J s -@1QJ5 PEAK RATES OF DISCHARGE FOR SMALL WATERSHEDS TYPE II STORM DISTRIBUTION SLOPES - FLAT CURVE NUMBER - 85 24 HOUR RAINFALL FROM US W8 TP -40 0 0 0 N M 0 0 0 0 0 0 0 0 00 0 0 d' tD W 01,- -i N M 7 0 0 0 0 0 000 0 0 0 0000 0 l0 r, 00 Q1 .� N 2000 f 1000 :. -.. 1000 900 .._ . _, ' 900 800 _.: ........ .. ... _ ...:... ......:.. ... 800 ... 700 .:.... ._. ...... : .. .. ...:: _ ._ _ . _ 700 600 .. _ _..._ ,... ; :. _.. - :: 600 500 ................... _ ...._ . _ ........ _ ... ..... . i... _._ __ .... .,.: _. :.. _ :._ .. 500 400 .. ........ _._. -... _....:.. _ . _.. 400 U i LIJ 300 ....: ;. ..; .._. ti .._ .... _ .......... _ ......... 300 LIJ E- 200 .. ... JAR . �.. 20011'0 w 0 w w....i.. ip� ...._..... . ... i.... b .... ;_.. :..... ... _. _..... U_ GO 100 _.;; __ ,... _. . A .,... _ 10 90 _ -... _.. z 80 ......: : - _ ... _ . _... 80 w 70 ....;_ _ :.... ........:._ :.. �� :.._ . ,:: _:... 70 60 o .. 50 .._.:.._ _. - 50 U cn 40 _...._.._. _.... __. _. 6 .. .. �. _._.. 40 30 - " - - 30 Q .. w ..._ °.: 20 10 i - _:. - - 10 9 -- ._._._. ...... 9 g _ _... :.. __.. _ ....... ..... LO �0 r`mrno 0 0 0 0 00000 0 0 0 �0 r` 00 0) O 0 0 0 0 00000 0 O 0 0 0 0 C) 00 N Pe 1P DRAINAGE AREA IN ACRES 1 0-L10L Exhibit 2 -10 To#aI (.to - 2b0 J5 1q1 Cis = ?4 ( -(-5 EFM Notice -4, 5/71 REFERENCE STANDARD DWG. N0. "Chapter 2, Engineering Field Manual U. S. DEPARTMENT OF AGRICULTURE ES- 1027 for Conservation Practices" SOIL CONSERVATION SERVICE SHEET 6 OF 21 ENGINEERING DIVISION - HYDROLOGY BRANCH DATE 2 -15 -71 B -24 7 - )4.C�5 -) 00J s -@1QJ5 Exhibit 2 -10 04e '," PT l4wH 4I DRAINAGE AREA IN ACRES Exhibit 2 -10 To Vckj Q :0 2 L, D C.FS $ 14 1, C.aFS = AO V Crz EFM Notice -4, 5/71 REFERENCE STANDARD DWG. N0. U. S. DEPARTMENT OF AGRICULTURE ES- 1027 "Chapter Engineering Field Manual SOIL CONSERVATION SERVICE for Conservation Practices" SHEET 5 OF 21 ENGINEERING DIVISION - HYDROLOGY BRANCH DATE 2-15-71 B -24 C 3100 5 —a b0 C,(5 v -mroJ5 PEAK RATES OF DISCHARGE FOR SMALL WATERSHEDS TYPE]:[ STORM DISTRIBUTION SLOPES - FLAT CURVE NUMBER - 85 24 HOUR RAINFALL FROM US WB TP -40 O 0 0 0 0 0 0 0 0000 O 0 0 0 0 0 0000 O 0 0 00000 0 0 0 Ln to 1� W M N m _. _ _...._ d' u 1 to (� W o) ,--i ...._... _ ...... .............. co -- ._.... ........ 2 000 2000 r .._.. _ 1000 . ...!.. _ _ , :... ;- 00 900 __. ._ . "_,_.. ..:. -- 90 __. 0 800 _:.::..... .- ... .. ;. . .... -- 700 ..., .......... - ..:::_ ::.:.: . . 7 00 600 _ . . - - 600 500 _ 50 0 z .. 0 400 -,... _ ..._, ....... .. .... _ ..... ...._ _._. _ ..._ _ . .. - 40 0 W 300 300 - _;. ...... W CL �.� '.. h 200 .__:.. �ep`�_... _ - _ ? 200 Lij .: pp w tia� b C-) 100 _.: _ .... 900 90 ... z — 80 _..... .. - _-80 w 70 ti5,�... 60 _. 60 S 50 - U 40 - . _...... _ . .- 40 .' ... 30 ...... ..... , - - - - 3 O ¢ i _.. ` w o ' 0 10 _- _.. - 90 g _::.i - 8 _.. _ .... ...... 6 _... - 6 �n �D Como 0 0 N m 0 0 00000 0 '7 'n �o r- W OHO O 0 0 O Oo000 O C � 0 0 co CD 0O 0 O N 04e '," PT l4wH 4I DRAINAGE AREA IN ACRES Exhibit 2 -10 To Vckj Q :0 2 L, D C.FS $ 14 1, C.aFS = AO V Crz EFM Notice -4, 5/71 REFERENCE STANDARD DWG. N0. U. S. DEPARTMENT OF AGRICULTURE ES- 1027 "Chapter Engineering Field Manual SOIL CONSERVATION SERVICE for Conservation Practices" SHEET 5 OF 21 ENGINEERING DIVISION - HYDROLOGY BRANCH DATE 2-15-71 B -24 C 3100 5 —a b0 C,(5 v -mroJ5 Exhibit 2-10 PEAK RATES OF DISCHARGE FOR SMALL WATERSHEDS TYPE 1:1 STORM DISTRIBUTION SLOPES - FLAT CURVE NUMBER - 75 24 HOUR RAINFALL FROM US WB TP-40 c o D Q c 0 0 c cc c c m c: c D o ocD o 0 c 0 D 0 c0 c0 2000 ". I-- ............. ........ I ... . ..... . .......... -.1-1....... ........... . . ............. . ... ........ ... ........... ... . ........... ... .... I-, . . ................ . ............ qcm 1000 900 800 700 600 500 z 400 300 Ljj a- 200 LL- U loo 90 80 70 60 < 50 40 30 20 B-22 JAO C4� I - (,5 4,5 Exhibit 2-10 PEAK RATES OF DISCHARGE FOR SMALL WATERSHEDS TYPE 11 STORM DISTRIBUTION SLOPES - FLAT CURVE NUMBER - 65 24 HOUR RAINFALL FROM US WB TP-40 cD Lo �0 r, oo a) m O 0 0 cD 0 0 0 0 c) 0 0 �t Lo tD r-, oo 0) 0— m c3 0 0 (D cD 8 0 0 cm) cD 0 0 Lo Lo r, oo 0) — cD 0 cD 2000 .... .... . .... ... i- ............... .......... . ........... . .... .... ..... . ....... .... .............. . . ...... . .. ..... .. .. ... 2000 0 .4 1000 ....... ... ............. .. ........ ... 900 .. ......... .. .. . .... ..... T ....... .... .... ...- . ....... .. ..... ............ .... . .......... . ............ .. 'E E" 4 4 i 1000 900 ........... soo r . .. ....... ....... ... J_4 ..... . . .. ........ —f -J. 800 700 700 L;-.,4 ....... . .. . . .... ........ .. . ................. ............. . .... ... ..... ....... 600 600 - ------ ----- .. .... ....... . . ...... ....... . . . ............ 50 0 --- ... .. .... 500 . . . .......... ... . .............. .... . .......... CD 400------------ .... .... .... . J. .. ........ . ............. ....... .... . ............ . ....... ... .. 300 ------- ii . ........... .. . ........... . .. ... ....... ........ —J 200 ------- ......... . . ...... ... . ... . ...... --- -------- — 200 LLJ LJ . .............. . :D loo .. ........... .. .. .... ...... ......... - -------- . z 100 go 9 0 80 z 80 Ljj 70 . ...... ... .. . ..... - . ......... . ......... 70 60 CD 60 . . . . . . < 50... . ..... .... ........ . ... ....... ....... . ................ . ........ . . ... 50 ..... ... . .... 40 . . ..... . ...... .. ....... . ........... .... ............ 40 ...... ..... . ........... ..... .... ... ... 30 < . .. ....... 20 . . ....... .. .... .... . .. .. ... ... ... . ....... .... .......... .. . .. .. . . .......... . .. . .......... ...... .. 20 10 1 .......... . .......... . ...... 10 Z7 r 9 ..... ... ....... . .. . . ...... ........... ......... . 8 ..... . .... i ........... . ------- --------------- ........ . .... . .... .... .......... T J 7 E, 7 ........ . .... . . . ........ .... .. . ........ F 6 I............. . 5 ............... ....... .......... - ............ ... ..... . .... ....... ...... . . 5 uD,r-,00mc 0 o o o Oc:)o o cD -,t L, 'D r, Doa)2 o c c1j cl) ,I- o o o cD co cD o oo Lo ko 0) 0 cD o clj DRAINAGE AREA IN ACRES Vo (,,-q AL Exhibit 2-10 Q10 Va C N IP-4 -: 14 C),- f s 4-'JD zf S 4. -1 C5 z EFM Notice-4, 5/71 REFERENCE STANDARD DWG. NO. U. S. DEPARTMENT OF AGRICULTURE ES- 1027 "Chapter 2, Engineering Field Manual SOIL CONSERVATION SERVICE SHEET 2 OF 21 for Conservation Practices" ENGINEERING DIVISION -HYDROLOGY BRANCH DATE 2-15-71 ]3 -GU -q,5 ,.f C, Appendix C Detailed Analysis and Maps Exhibit 12 18p 10,000 1� 168 8,000 EXAMPLE 156 6,000 D - 36 inches (3.0 feet) 5,000 0.66 of$ (3) 144 4,000 Hw * Hw .5. 6. 132 � 3,000 6 (feet) 5. U (1) 1.8 5.4 , 120 F 2,000 (2) 2.1 6.3 4 r4. 108 a a (3) 2.2 6.6 J e0 in feet 3• — 96 Q 1,000 3. 0 800 3• z 84 v w 600 2 500 72 400 — Q � — 2 2. N w 300 / \ — U N 3C 1.5 = Z Z 60 Z 200 p��/ 1.5 1.5 Ei 54 v..- I— w H ¢ 48 w U a 100 / 'J �� ,( 80� s ^ ^" M Q �pF� :�'l�J525 LL 42 cn 50 �? L�5 I.0 O "O 40— W I.0 A...... 6 30 HW ENTRANCE SCALE w 2 p TYPE w a 8 C 33 20 (1) Heod ,eall o .8 .8 a 30 (2) Mitered to conform Q w 6 U to slope = •6_ 0 27 10 (3) Projecting ce 0 8 .7 .7 a 24 6 .7 N 5 To use scale (2) or (3) project 21 4 horizontally to scale (1), then 6 use straight inclined line through •6 3 D and 0 scales, or reverse as .6 18 illustrated. 2 1.0 5 12 HEADWATER DEPTH FOR C. M. PIPE CULVERTS WITH INLET CONTROL BUREAU OF PUBLIC ROADS JAN. 1963 Ch�Ps ��c��� -�,�� rr� VI -12 Exhibit 12 0 ovi/D Cleo 10,000 168 8,000 EXAMPLE 156 T 6,000 D- 36 inches (3.0 feet) 6. 5,000 0.66 cf a (3) 144 4,000 HW * HW 5. 6. 132 2 . 3,000 0 (feet) 5. 6. 120 0 (1) 1.8 5.4 2,000 (2) 2.1 6.3 5. 108 (3) 2.2 6.6 4. RD in feet 3. 4. 96 Or 1,000 3. D 800 84 in 600 2. 500 72 400 --.N- 2. 2. U') LLJ 300 = 0 V) �r - 3: 1.5 Z LL 0 200 - Z U) tY 1.5 54 ... .... LLJ LU LLJ 100 M w 48 (D -- 80 < > 60 Z --Z- 42 50 X 1.0 -1.0 0 40 F- a. W -1.0 LQ 36 30 HW SCALE ENTRANCE 33 D TYPE UJ < .9 < 20 Headwall .8 30 (2) Mitered to conform < L0 6 to slope T. .8 0 27 10 (3) Projecting 8 .7 (n 24 6 21 5 To use scale (2) or (3) project 4 horizontally to scale (1), then use straight inclined line through .6 -.6 3 D and Q scales, or reverse as 18 illustrated. .6 2 15 .5 1.0 12 HEADWATER DEPTH FOR C. M. PIPE CULVERTS WITH INLET CONTROL BUREAU OF PUBLIC ROADS JAN. 1963 too C&&P 1w l'lJ10-1 col" 401 J,A;VetS V1 -12 Cross Section Cross Section for Rectangular Channel Project Description Worksheet Ex 6x4 Box Culvert Mill: Flow Element Rectangular Channel Method Manning's Formula Solve For Channel Depth Section Data Mannings Coeffic 0.013 Slope 003500 ft/ft Depth 3.81 ft Bottom Width 6.00 ft Discharge 218.00 cfs 7 G7, _ it 1 i 3.81 ft - o 6.00 ft r V:1 N H:1 NTS Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f: \master \projects \p \1200s \p1210 - -1 \winter -1.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 07/01/09 08:44:38 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 766 -1666 Page 1 of 1 Worksheet Worksheet for Rectangular Channel Project Description Worksheet Ex 6x4 Box Culvert Mill: Flow Element Rectangular Channel Method Manning's Formula Solve For Channel Depth Input Data Mannings Coeffic 0.013 Slope 003500 ft/ft Bottom Width 6.00 ft Discharge 218.00 cfs Results Depth 3.81 ft Flow Area 22.8 ft2 Wetted Perimi 13.61 ft Top Width 6.00 ft Critical Depth 3.45 ft Critical Slope 0.004522 ft/ft Velocity 9.55 ft/s Velocity Head 1.42 ft Specific Enerc 5.22 ft Froude Numb. 0.86 Flow Type 1 Subcritical Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f: \master\ projects \p \1200sNpl210 - -1 \winter -1.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 07/01/09 08:44:51 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Worksheet Worksheet for Trapezoidal Channel Project Description Worksheet Ex. Channel Sta , Flow Element Trapezoidal Char Method Manning's Formu Solve For Channel Depth Input Data Mannings Coeffic 0.045 Slope 003200 ft/ft Left Side Slope 1.29 V: H Right Side Slope 1.10 V: H Bottom Width 7.00 ft Discharge 227.00 cfs Results Depth 5.25 ft Flow Area 59.9 ft2 Wetted Perimi 20.73 ft Top Width 15.84 ft Critical Depth 2.84 ft Critical Slope 0.029455 ft/ft Velocity 3.79 ft/s Velocity Head 0.22 ft Specific Enerc 5.47 ft Froude Numb 0.34 Flow Type 3ubcritical Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f:\ master\ projects \p \1200s \p1210 --1 \winter-1.fm2 Stroud Engineering Company FlowMaster v6.0 (614b] 07/01/09 09:02:54 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Cross Section Cross Section for Trapezoidal Channel 3 �+ Project Description E' r r 1 (A f' P 1�.k Worksheet Ex. Channel Sta Flow Element Trapezoidal Char Method Manning's Formu Solve For Channel Depth Section Data Mannings Coeffic 0.045 Slope 003200 ft/ft Depth 5.25 ft Left Side Slope 1.29 V: H Right Side Slope 1.10 V: H Bottom Width 7.00 ft Discharge 227.00 cfs ft V:1 N H:1 NTS Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f:\ master\ projects \p \1200sNpl210 - -1 \winter ^1.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 07/01/09 09:03:12 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Worksheet Worksheet for Trapezoidal Channel Project Description ,� c0 i c' Worksheet Proposed Channel @ ; r f 0 Flow Element Trapezoidal Channel Method Manning's Formula Input Data Mannings Coeffic 0.030 Slope 003180 ft/ft Left Side Slope 0.50 V: H Right Side Slope 0.50 V: H Bottom Width 10.00 ft Discharge 227.00 cfs Results Depth 3.08 ft Flow Area 49.7 ft2 Wetted Perimi 23.76 ft Top Width 22.31 ft Critical Depth 2.17 ft Critical Slope 0.011885 ft/ft Velocity 4.57 ft/s Velocity Head 0.32 ft Specific Enerc 3.40 ft Froude Numb, 0.54 Flow Type 3ubcritical Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f :\ master\ projects \p \1200s \p1210 - -1 \winter -1.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 07/31/09 12:38:26 PM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Cross Section Cross Section for Trapezoidal Channel Project Description Worksheet Proposed Channel @ Flow Element Trapezoidal Channel Method Manning's Formula Section Data Mannings Coeffic 0.030 Slope 003180 ft/ft Depth 3.08 ft Left Side Slope 0.50 V: H Right Side Slope 0.50 V: H Bottom Width 10.00 ft Discharge 227.00 cfs r 3.08 ft 10.00 ft V:1 H:1 NTS Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f:\ master\ projects \p \1200s \p1210 - -1 \winter -1.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 07/31/09 12:39:32 PM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 y JOB STROUD ENGINEERING, P.A. SHEET NO. 107 B Commerce Street GREENVILLE, NORTH CAROLINA 27858 CALCULATED BY, (252) 756 -9352 CHECKED BY- -Al OF_ DATE DATE Project Description Slope Worksheet 48" RCP Flow Element Circular Chann Method Manning's Forr Solve For Discharge input Data 81.25 cfs Mannings Coeffic 0.013 Slope 003200 ft/ft Depth 4.00 ft Diameter 48 in Results Discharge 81.25 cfs Flow Area 12.6 ftZ Wetted Perime 12.57 ft Top Width 1.19e -7 ft Critical Depth 2.73 ft Percent Full 100.0 % Critical Slope 0.004877 ft/ft Velocity 6.47 fUs Velocity Head 0.65 ft Specific Energ: 4.65 ft Froude Numbe 1.11 e -4 Maximum Disc 87.40 cfs Discharge Full 81.25 cfs Slope Full 0.003200 fUft Flow Type 3ubcritical Worksheet Worksheet for Circular Channel 1' CO go '� Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f:\ master\ projects \p \1200s \p1210 --1 \winter -1.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 07/28/09 08:32:40 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Cross Section Cross Section for Circular Channel Project Description Worksheet 48" RCP Flow Element Circular Chann Method Manning's Forr Solve For Discharge Section Data Mannings Coeffic 0.013 Slope 003200 ft/ft Depth 4.00 ft Diameter 48 in Discharge 81.25 cfs 4.00 ft 48 in V:1 N H:1 N TS Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f:\ master\ projects \p \1200s \p1210 -- -1 \winter -1.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 07/28/09 08:32:51 AM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Project Description Worksheet Mills to Chapma Flow Element Circular Channe Method Manning's Formi Solve For Discharge Results Input Data 169.96 cfs Mannings Coeffic 0.012 Slope 003180 ft/ft Depth 4.69 ft Diameter 60 in Results Discharge 169.96 cfs Flow Area 19.1 ft2 Wetted Perime 13.21 ft Top Width 2.36 ft Critical Depth 3.74 ft Percent Full 94.0 % Critical Slope 0.004426 ft/ft Velocity 8.92 ft/s Velocity Head 1.24 ft Specific Energ, 5.93 ft Froude Numbe 0.55 Maximum Disc 169.96 cfs Discharge Full 158.00 cfs Slope Full 0.003679 ft/ft Flow Type 3ubcritical 1 } Worksheet Worksheet for Circular Channel rA 1 Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f:\ master\ projects \p \1200s \p1210--- 1 \winter-1.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 06/15/09 12:41:30 PM C Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Cross Section Cross Section for Circular Channel Project Description Worksheet Mills to Chapma Flow Element Circular Channe Method Manning's Formi Solve For Discharge Section Data Mannings Coeffic 0.012 Slope 003180 ft/ft Depth 4.69 ft Diameter 60 in�fiC raji�. USC �rto °k,a Discharge 169.96 cfs )S P; 3 9, i —7 VIN H:1 NTS Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f:\ master\ projects \p \1200sNpl210 - -1 \winter -1.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 06/15/09 12:41:48 PM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Mannings Coeffic 0.013 Worksheet 003180 ft/ft Depth 5.00 ft Worksheet for Rectangular Channel 296.00 cfs Results �} ` �3 C, Project Description 6.03 ft Worksheet Box Culvert (Mills to Ex Twin 60" ( \ (0 P 0 U X 16.03 ft Top Width Flow Element Method Rectangular Channel (� Manning's Formula 1�' G Y U �j (t �. W C-, Y U 5 0.004895 ft/ft Velocity 9.82 ft/s Velocity Head Solve For Bottom Width j B t 0.77 Input Data 3ubcritical Mannings Coeffic 0.013 Slope 003180 ft/ft Depth 5.00 ft Discharge 296.00 cfs Results Bottom Width 6.03 ft Flow Area 30.1 ft2 Wetted Perimi 16.03 ft Top Width 6.03 ft Critical Depth 4.22 ft Critical Slope 0.004895 ft/ft Velocity 9.82 ft/s Velocity Head 1.50 ft Specific Enerc 6.50 ft Froude Numb, 0.77 Flow Type 'i 3ubcritical Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f:\ master\ projects \p \1200sNpl210 - -1 \winter -1.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 07101/09 09:55:48 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Cross Section Cross Section for Rectangular Channel Project Description Worksheet Box Culvert (Mills to Ex Twin 60" Flow Element Rectangular Channel Method Manning's Formula Solve For Bottom Width Section Data Mannings Coeffic 0.013 Slope 003180 ft/ft Depth 5.00 ft Bottom Width 6.03 ft Discharge 296.00 cfs i 5.00 ft �= 6.0 3 ft — V:1 N H:1 NTS Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f:\ master\ projects \p \1200s \p1210 - -1 \winter -1.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 07/01/09 09:55:59 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Worksheet Worksheet for Trapezoidal Channel Project Description 1 'J Worksheet Mills to Ex. Twin 60" CI sf a S C, Flow Element Trapezoidal Channel Method Manning's Formula i C e �, e �" s' .�±, a / 5.t Mae Solve For Channel Depth Input Data Mannings Coeffic 0.030 Slope 003182 ft/ft Left Side Slope 0.50 V: H Right Side Slope 0.50 V: H Bottom Width 10.00 ft Discharge 296.00 cfs Results Depth 3.53 ft Flow Area 60.2 ftz Wetted Perimi 25.78 ft Top Width 24.12 ft Critical Depth 2.52 ft Critical Slope 0.011455 ft/ft Velocity 4.92 ft/s Velocity Head 0.38 ft Specific Enerc 3.90 ft Froude Numb, 0.55 Flow Type 3ubcritical I i Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f:\ master\ projects \p \1200s \p1210 - -1 \winter -1.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 07/31/09 01:05:35 PM ©Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Cross Section Cross Section for Trapezoidal Channel Project Description Worksheet Mills to Ex. Twin 60" CI Flow Element Trapezoidal Channel Method Manning's Formula Solve For Channel Depth Section Data Mannings Coeffic 0.030 Slope 003182 ft/ft Depth 3.53 ft Left Side Slope 0.50 V: H Right Side Slope 0.50 V: H Bottom Width 10.00 ft Discharge i I 296.00 cfs 3.53 ft 10.00 ft� VAN H:1 NTS Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f:\ master\ projects \p \1200s \p1210 -- -1 \winter -1.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 07/31/09 01:05:47 PM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Exhibit 12 0 '4w/1D 180 10,000 168 8,000 EXAMPLE 156 6,000 0.36 Inches (3.0 test) 6 5,000 0.66 cfa (3) 144 4,000 Hw � Hw 5. B. 132 3,000 o ft•et) 5. 6. 12 0 U w (1) 1 . 8 5.4 2,000 (2) 2.1 6.3 , 5. 108 a a (3) 2.2 6.6 4' "D In fat 3. 4. - 96 a H 1,000 3, D 800 3. a: 84 m 600 500 2. w 72 w�( 400 ? --► -. 2. 2. _ 300 - U 0 ? Z 0 v Z 200 / � 1.5 1.3 54 _ E�p� W U. W L 48 w U (r 100 / Q 80 D > Q D _ uUi 60 ? LO I.0 LL 42 0 50 40 UJ 1.0 UJ 36/ 30 HW ENTRANCE SCALE W 33 p TYPE a e Q 20 (1) Heodrall 8 8 30 (2) Mitered to conform Q to = U slope .8 0 27 10 (3) Projecting X a 0 8 .7 .7 Z 24 6 .7 N 21 5 To use scale (2) or (3) project - 4 horizontally to scale (1), then .6 use straight inclined line through .6 3 D and 0 scales, or reverse as 6 18 illustrated. 2 15 11.0 .5 .5 12 HEADWATER DEPTH FOR C. M. PIPE CULVERTS WITH INLET CONTROL BUREAU OF PUBLIC ROADS JAN, 1963 ++ t j f w U � p' Cm VI -12 Worksheet Worksheet for Trapezoidal Channel Project Description X S i -h C q�oo Worksheet Sta 19 +00 Flow Element Trapezoidal Cha Method Manning's Formi Solve For Discharge Input Data Mannings Coeffic 0.030 Slope 000350 ft/ft Depth 5.00 ft Left Side Slope 0.58 V: H Right Side Slope 0.63 V: H Bottom Width 6.00 ft Results Discharge 131.95 cfs Flow Area 71.4 ftz Wetted Perimi 25.35 ft Top Width 22.56 ft Critical Depth 2.03 ft Critical Slope 0.012851 ft/ft Velocity 1.85 ft/s Velocity Head 0.05 ft Specific Enerc 5.05 ft Froude Numb 0.18 Flow Type 3ubcritical Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f. \master\ projects \p \1200sNpl210-- 1 \winter—l.fm2 Stroud Engineering Company FlowMaster v6.0 (614bj 07131/09 01:18:32 PM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Project Description Worksheet Sta 19 +00 Flow Element Trapezoidal Cha Method Manning's Form Solve For Discharge Section Data Mannings Coeffic 0.030 Slope 000350 ft/ft Depth 5.00 ft Left Side Slope 0.58 V: H Right Side Slope 0.63 V: H Bottom Width 6.00 ft Discharge 131.95 cfs Cross Section Cross Section for Trapezoidal Channel 5.00 ft ---6.0 0 ft-� I VIN H:1 i NTS Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f:\ master\ projects \p\1200s \p1210 --1 \winter -1.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 07/31/09 01:18:43 PM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Worksheet Worksheet for Rectangular Channel Project Description Worksheet Existing Box Culvert @ L p Flow Element Rectangular Channel C L-% ( V c v { 1 CA W r Method Manning's Formula j P ' Solve For Channel Depth �''4 t d.� Input Data Mannings Coeffic 0.013 Slope 002400 ft/ft Bottom Width 7.00 ft Discharge 401.00 cfs F Results I Depth 6.02 ft Flow Area 42.2 ft2 Wetted Perim( 19.05 ft Top Width 7.00 ft Critical Depth 4.67 ft Critical Slope 0.004563 ft/ft Velocity 9.51 ft/s Velocity Head 1.41 ft Specific Eneq 7.43 ft Froude Numb. 0.68 Flow Type Subcritical Title: Winterviile Nobel Canal Drainage Study Project Engineer: Andy Munday f:\ master\ projects \p \1200s \ p1210 - -1 \winter -1.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 07/29/09 05:04:36 PM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Cross Section Cross Section for Rectangular Channel Project Description Worksheet Existing Box Culvert @ •,� 1 Flow Element Rectangular Channel 1 Method Manning's Formula Solve For Channel Depth Section Data Mannings Coeffic 0.013 Slope 002400 ft/ft Depth 6.02 ft Bottom Width 7.00 ft Discharge i i, 401.00 cfs 6.02 ft VAN H:1 NTS Title: Wintervilie Nobel Canal Drainage Study Project Engineer: Andy Munday f: \master \projects \p \1200s \p1210 -- -1 \winter -1.fm2 Stroud Engineering Company FlowMaster v6.0 (614b] 07129/09 05:04:52 PM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f:\ master\ projects \p \1200s\p1210 - -1 \winter— I.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 07/31/09 07:35:53 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Worksheet Worksheet for Trapezoidal Channel Project Description �\ + t �_ e I , J Y Worksheet Flow Element Trapezoidal Channel Trapezoidal Channel @ Reedy E `" b �"^ Method Manning's Formula Solve For Channel Depth pp Vel�l D Input Data Mannings Coeffic 0.030 Slope 002640 ft/ft Left Side Slope 0.50 V: H Right Side Slope 0.50 V: H Bottom Width 12.00 ft Discharge 541.00 cfs Results Depth 4.71 ft Flow Area 101.0 ft2 Wetted Perimf 33.08 ft Top Width 30.86 ft Critical Depth 3.29 ft Critical Slope 0.010565 ft/ft Velocity 5.36 ft/s Velocity Head 0.45 ft Specific Enerc 5.16 ft Froude Numb, 0.52 Flow Type 3ubcritical i Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f:\ master\ projects \p \1200s\p1210 - -1 \winter— I.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 07/31/09 07:35:53 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Cross Section Cross Section for Trapezoidal Channel Project Description Worksheet Trapezoidal Channel @ Reedy E Flow Element Trapezoidal Channel Method Manning's Formula Solve For Channel Depth Section Data Mannings Coeffc 0.030 Slope 002640 ft/ft Depth 4.71 ft Left Side Slope 0.50 V: H Right Side Slope 0.50 V: H Bottom Width 12.00 ft Discharge 541.00 cfs N Me 4.71 ft V:1 N H:1 NTS Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f,.\master\ projects \p\1200s \p1210 - -1 \winter -1.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 07131/09 07:36:04 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Left Side Slope 0.50 V: H Worksheet 0.50 V: H Bottom Width 12.00 ft Worksheet for Trapezoidal Channel 567.00 cfs Project Description Worksheet Trapezoidal Channel @ Sw ((t i iZ_ \ ( • (± c., ��, , t-) 2 Flow Element Trapezoidal Channel 3.38 ft Critical Slope Method Manning's Formula 5.68 ft/s Velocity Head Solve For Channel Depth 5.18 ft Froude Numb. 0.56 Flow Type 3ubcritical Input Data Mannings Coeffic 0.030 1 Slope 003000 ft/ft Left Side Slope 0.50 V: H Right Side Slope 0.50 V: H Bottom Width 12.00 ft Discharge 567.00 cfs Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f :\ master\ projects \p \1200s \p1210 - -1 \winter -1.fm2 Stroud Engineering Company FlowMaster v6.0 (614b] 07/31/09 07:31:10 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Results Depth 4.67 ft Flow Area 99.8 ftz Wetted Perimi 32.90 ft Top Width 30.69 ft Critical Depth 3.38 ft Critical Slope 0.010498 ft/ft Velocity 5.68 ft/s Velocity Head 0.50 ft Specific Enerc 5.18 ft Froude Numb. 0.56 Flow Type 3ubcritical Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f :\ master\ projects \p \1200s \p1210 - -1 \winter -1.fm2 Stroud Engineering Company FlowMaster v6.0 (614b] 07/31/09 07:31:10 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 4.67 ft V:1 N H:1 NTS Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f :\ master\ projects \p \1200s \p1210-- 1\winter-1.fm2 Stroud Engineering Company FlowMaster v6.0 (614b] 07/31/09 07:31:26 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Cross Section Cross Section for Trapezoidal Channel Project Description Worksheet Trapezoidal Channel @ Sw Flow Element Trapezoidal Channel Method Manning's Formula Solve For Channel Depth Section Data Mannings Coeffic 0.030 Slope 003000 ft/ft Depth 4.67 ft Left Side Slope 0.50 V: H Right Side Slope 0.50 V: H Bottom Width 12.00 ft Discharge i I i 567.00 cfs -• - -12.0 0 ft� 4.67 ft V:1 N H:1 NTS Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f :\ master\ projects \p \1200s \p1210-- 1\winter-1.fm2 Stroud Engineering Company FlowMaster v6.0 (614b] 07/31/09 07:31:26 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Project Description Worksheet Worksheet for Trapezoidal Channel Worksheet Trapezoidal Channel Reedy Branch Flow Element Trapezoidal Channel Method Manning's Formula Y a rJ L 1� W y I Solve For Channel Depth Input Data Mannings Coeffic 0.030 Slope 002640 ft/ft Left Side Slope 0.50 V: H Right Side Slope 0.50 V: H Bottom Width 4.00 ft Discharge 310.00 cfs Results Depth 4.79 ft Flow Area 65.1 ft2 Wetted Perimi 25.43 ft Top Width 23.17 ft Critical Depth 3.45 ft Critical Slope 0.011487 ft/ft Velocity 4.76 ft/s Velocity Head 0.35 ft Specific Enerc 5.14 ft Froude Numb, 0.50 Flow Type 3ubcritical Qa�- rtu -�i0�) + Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f:\ master\ projects \p \1200s \p1210-- 1 \winter~ 1.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 07/31/09 07:20:31 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Cross Section Cross Section for Trapezoidal Channel Project Description Worksheet Trapezoidal Channel Reedy Branch Flow Element Trapezoidal Channel Method Manning's Formula Solve For Channel Depth Mannings Coeffic 0.030 Slope 002640 ft/ft Depth 4.79 ft Left Side Slope 0.50 V: H Right Side Slope 0.50 V: H Bottom Width 4.00 ft Discharge 310.00 cfs l) I BE 4.79 ft VAN H:1 NTS Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f :\ master\ projects \p \1200s\p1210 - -1 \winter -1.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 07/31/09 07:20:45 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Worksheet Worksheet for Trapezoidal Channel Project Description Worksheet Trapezoidal Channel Swift Creek (C Flow Element Trapezoidal Channel Method Manning's Formula Solve For Channel Depth Input Data Mannings Coeffic 0.030 Slope 003000 ft/ft Left Side Slope 0.50 V: H Right Side Slope 0.50 V: H Bottom Width 4.00 ft Discharge 336.00 cfs I Results Depth 4.83 ft Flow Area 65.9 ft2 Wetted Perim( 25.59 ft Top Width 23.31 ft Critical Depth 3.59 ft Critical Slope 0.011370 ft/ft Velocity 5.10 ft/s Velocity Head 0.40 ft Specific Enerc 5.23 ft Froude Numb, 0.53 Flow Type Subcritical I O M./\ 1 L t2.f J-1 �N (I w.; Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f :\ master\ projects \p \1200s \p1210 - -1 \winter- -1.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 07131/09 07:00:52 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Cross Section Cross Section for Trapezoidal Channel Project Description Worksheet Trapezoidal Channel Swift Creek (C Flow Element Trapezoidal Channel Method Manning's Formula Solve For Channel Depth Section Data Mannings Coeffic 0.030 Slope 003000 ft/ft Depth 4.83 ft Left Side Slope 0.50 V: H Right Side Slope 0.50 V: H Bottom Width 4.00 ft Discharge 336.00 cfs M 4.83 ft VAN HA NTS Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f :\ master\ projects \p \1200s \p1210 - -1 \winter- -1.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 07/31/09 07:01:10 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Worksheet Worksheet for Circular Channel Project Description 271.55 cfs Worksheet Existing 54" CP Flow Element Circular Chann Method Manning's Forr Solve For Discharge Input Data 100.0 % Mannings Coeffic 0.024 Slope 065000 ft/ft Depth 4.50 ft Diameter 54 in Results 2.68e -4 Discharge 271.55 cfs Flow Area 15.9 ft2 Wetted Perime 14.14 ft Top Width 1.26e -7 ft Critical Depth 4.33 ft Percent Full 100.0 % Critical Slope 0.056789 ft/ft Velocity 17.07 ft/s Velocity Head 4.53 ft Specific Energy 9.03 ft Froude NumbE 2.68e -4 Maximum Disc 292.11 cfs ( a Discharge Full 271.55 cfs N e f, Slope Full 0.065000 ft/ft Flow Type i 3ubcritical Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f:\ master\ projects \p \1200s \pl210 - -1 \winter —l.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 07/15109 10:16:48 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Worksheet Worksheet for Circular Channel Project Description Q� � , �•, C t C, i c_, I Worksheet Replacement for 54" CMP @ Flow Element Circular Channel Method Manning's Formula Solve For Full Flow Diameter Input Data Mannings Coeffic 0.013 Slope 003000 ft/ft Discharge 184.00 cfs Results Depth 5.50 ft ] -7 1), 't Diameter 66 in Flow Area 23.8 ft2 Wetted Perime 0.00 ft Top Width 0.00 ft Critical Depth 3.80 ft Percent Full 100.0 % Critical Slope 004444 ft/ft Velocity 7.74 ft/s Velocity Head 0.93 ft Specific Energ, 6.43 ft Froude NUmbe 0.00 Maximum Disc 197.93 cfs Discharge Full 184.00 cfs Slope Full 003000 ft/ft Flow Type N/A Title: Winterviile Nobel Canal Drainage Study Project Engineer: Andy Munday f.\ master\ projects \p \1200s \p1210--- 1 \winter-1.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 06/18/09 03:11:49 PM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 Project Description Worksheet Worksheet for Circular Channel *-J, Worksheet Replace Ex. 54" CMP (Det # \ Flow Element Circular Channel v w 5 V Y V1' C Method Manning'sFormula W ti 1 e— ,C -C Solve For Discharge `. Input Data Mannings Coeffic 0.013 Slope 003200 ft/ft Depth 4.50 ft Diameter 54 in Results Discharge 111.24 cfs Flow Area 15.9 ft2 Wetted Perime 14.14 ft Top Width 1.26e -7 ft Critical Depth 3.10 ft Percent Full 100.0 % Critical Slope 0.004748 ft/ft Velocity 6.99 ft/s Velocity Head 0.76 ft Specific Energy 5.26 ft Froude Numbe 1.1e -4 Maximum Disc 119.66 cfs � � � t � �- �x S Discharge Full 111.24 cfs Slope Full 0.003200 ft/ft Flow Type 3ubcritical _ -4 Title: Winterville Nobel Canal Drainage Study Project Engineer: Andy Munday f:\ master\ projects \p \1200s \p1210 - -1 \winter -1.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 08/03109 09:07:56 AM ©Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755 -1666 Page 1 of 1 STUDY AREA IN MAP ' WINTERVILLE DRAINAGE STUDY SNDY ARBA cur �ur�rcr�. } } CHANNEL 36CTIOM MAP 3A WINTERVILLE DRAINAGE STUDY OUTPALL ALTERNATE I PIPED mmlo e, nonmro, ri. Y /FES EACH ENO ROPOSEO \� WAYT OO xPPP CATCH BASIN IS1 cxuvc PROPOSED "�• rch eurcH BASIN ^aslN GATEWAY CHRISTIAN 1101 LF 36'PIP\\ CENTER f', •, \ \ t y'QDN srge� +, P OPDSED fE5 RDPO E RIPRAP OP HL TRAPEZOIDAL CHANNEL IT ... BOTTOM WIDTH 10.0' 2:1 SIDE SLOPES 225• LF 42'PIPE I /b� S MAP iB WINTERVILLE DRAINAGE STUDY OUTFALL ALTERNATE S BOX CULVERT RIWO +WIF ®W.Fi v 52Y LF 18 "PIPE v /FES .✓ 30t LF PROP M7'PIPE CATC BASIN \ 6_ LF d2 "I PROP05E0 Cd TCN EASIN ` 110Y t�' •sti DATDN EAS N c�T cen'rea �dn 5n6 "0' CDLVER\ ,36-PIPE • Oa ".16 / FES EACN END \\ {TT�pp L` PROPOSED 20' �`; \ Z ORA I NACE EASEWN PROPOSED 20' IE DRAINAGE EASENENT 225 SA "PIPE F PRO ESE PROPOSED DRAINAGE EASENENi CHANNEL SECTION MAP iB WINTERVILLE DRAINAGE STUDY OUTFALL ALTERNATE S BOX CULVERT RIWO +WIF ®W.Fi v 52Y LF 18 "PIPE v /FES .✓ 30t LF PROP M7'PIPE CATC BASIN \ 6_ LF d2 "I PROP05E0 Cd TCN EASIN ` 110Y t�' •sti DATDN EAS N c�T cen'rea �dn 5n6 "0' CDLVER\ ,36-PIPE • Oa ".16 / FES EACN END \\ {TT�pp L` PROPOSED 20' �`; \ Z ORA I NACE EASEWN PROPOSED 20' IE DRAINAGE EASENENT 225 cxAHHeL senloH MAP 7C WINTERVILLE DRAINAGE STUDY OUTPALL ALTERNATE 7 TRAPEZOIDAL CHANNEL '�rwo'wuuaMO.0 i[PEOPOSEO 60' �: ` �T OEAIEAGE ttOx Lf ��\ �LLJ TpAPBZ CHANNEL OtOAL EECTIOx t� @rGT by V' 115+ Lf 42 "PIPE 65! Lf 42 "P CHANNHL SE ION MAP m WINTERVILLE DR) OUTPALL ALTEF DETENTION y bm i N� WIN' 1 CHANNEL S CTION FROM NO HWY. 11 TO REEDY BRANCH ROAD I WITH DETENTION) O OF OF OF BANK � /S,E tLA E WITH E.ISII.G sw -12 RCP (WITHOUT DETENTION) REtLACE E ISTING 54 WITH PCP ',-(Zf[TK DETENTION) tRA"EL TOP OF BANK ROPOSED CHANNEL TOP OF BANK VARIES VARIES CHANNEL SECTION FROM REEDY BRANCH ROAD TO SWIFT CREEK (WITHOUT DETENTION) - E FV7. I i 1' �- �APIES CHANNEL SECTION FROM REEDY BRANCH ROAD TO SWIFT CREEK (WITH DETENTION) 'A" ' WINTERVILLE DRAINAGE STUDY NOBEL CANAL OUTFALL FROM MATCHLINE 'A' TO SWIVr CREEK STRO.D .11MINIZERING.P.A. SCALE: 1— 50' DATE: JUNE 29. 2009 NCDENR - Stream, Wetland & Buffer Fee Info NC Department of Environment and Natural Resources Ecosystem Enhancement Program - Stream, Wetland Et Buffer Fee Info Page 1 of 1 Work With MITIGATION FEES • Mitigation Applicants EEP uses a fee schedule to determine the • Request Mitigation payment amount required for EEP to fulfill compensatory mitigation requirements. Fees are based on the amounts and types of compensatory • Stream, Wetland Et Buffer mitigation specified in the approved certifications or permits issued by the N.C. Division of Water Quality, as well as Request Process permits or authorizations issued by the U.S. Army Corps of Engineers and the N.C. Division of Coastal Management, as • Nutrient Offset Request applicable. Click below to view fee information for the Statewide Streamt_Wetland and Buffer Pro ram or Process the Nutrient Offset Pr ram. Al! program fee tables are provided on the Schedule of Fees - -_•-- - � �.., ._.. — — -- •___P._.. • Fee Schedules • Stream, Wetland B Buffer Fee Info Table: Statewide Stream, Wetland & Riparian Buffer Fees • Nutrient Offset Fee Info • Annual Inflation Fee Category E Credit Unit Fee per Unit Fee P er Unit Adjustment Click to Link Click to Link � i • Landowners r (_i iggher Fee HUs) iLower Fee HUs) • Watershed Planners Riparian Buffer square foot $0.99 $0.99 • Design Bid Build Consultants Ft Stream linear 365 Contractors $276 • Full - Delivery Providers Nonriparian Wettand acre $48,311 $24,844 • Mitigation Bankers Riparian Wetland acre $66,961 $37,859 EEP In -Lieu Fee Contactlnformation Coastal Wetland acre $164,721 $164,721 Learn about EEP's Strate 'c Plannin Fees for wetlands are calculated in increments of 0.25 acres as required by state rules. There is a flat fee for each increment of 0.25 acres; as such, amounts less than 0.25 acres are invoiced at the quarter -acre fee; amounts between 0.25 and 0.50 acres are invoiced at the half -acre fee. Application of fees: Applicants who elect to use the In -Lieu Fee Program will be invoiced based on the fee schedule in place on the date EEP receives a complete permit package (4041401 /CAMA, as applicable) from an applicant or applicant's agent or the date of the acceptance letter; whichever is later. Invoices issued by EEP are valid for 60 days. If an invoice is not paid within 60 days of the date printed on the invoice, subsequent invoices will reflect the fee schedule in place on the date EEP issues a new invoice. Invoice extensions beyond the 60 day period may be requested by contact; the In -Lieu Fee Program coordinator. Payments based on an invoice. expired invoices will not be accepted. Permits may require payment prior to the expiration date printed on N.C. Department of Environment and Natural Resources 1601 Mail Service Center, Raleigh, NC 27699.1601 Headquorters (Environment and Natural Resources Building): 217 W. Jones St. Archdale Building: 512 N. Salisbury St. OR Toll Free: (B77) 623 -6748 httP://Portal.ncdenr.org/web/eep/stream-wetland-buffer-fee-info 8/20/2012 Approved Mitigation Banks in North Carolina List compiled by NC Division of Water Quality to include banks with mitigation credits currently approved and available for sale. The Geographic Service Area (GSA) for a mitigation bank is generally the 8- digit cataloging unit (Co unless otherwise specified 77te GSA for a mitigation bank in the Falls and Jordan Watersheds are generally the Subwatershed. ........................................................................................................................ ............................... Basin: Cape Fear Bank Information CU. • 03030002 Subwatershed: Upper New Hope Name. Cape Fear Umbrella Bank— Carl Lloyd Parcel County: Orange Notes: Credit type: nutrient offset Contact Information EBX -EM, LLC Matt Fisher 909 Capability Drive Suite 3100 Raleigh, NC 27606 (919) 829 -9909 (239) 872 -1678 Mattfisheraebxusa. com CU. • 03030002 Restoration Systems, LLC Name. Cripple Creek Stream and Wetland Bank Tara Disy Allden County. Alamance 1101 Haynes Street, Suite 211 Notes: Credit types: wetlands, stream Raleigh, NC 27604 (919) 334 -9119 tallden @restorationsystems.com CU. • 03030004 (partial) Restoration Systems, LLC Name. Barra Farms Phase II Wetland Mitigation Bank Tiffani Bylow County: Cumberland 1101 Haynes Street, Suite 211 Notes. Credit types: wetlands Raleigh, NC 27604 (919) 334 -9123 tbvlow a.restorationsystems.com CU. 03030005 (partial) Restoration Systems, LLC Name. Barra Farms Phase II Wetland Mitigation Bank Tiffani Bylow County: Cumberland 1101 Haynes Street, Suite 211 Notes: Credit types: wetlands Raleigh, NC 27604 (919) 334 -9123 tbvlowa.restorationsystem s. com ................... . .................................................................... ............................................... Basin: Catawba Bank Information Contact Information CU.- 03050103 Charlotte- Mecklenburg Storm Water Name. Charlotte Umbrella Stream and Wetland Jarrod Karl County: Mecklenburg 600 East 4th Street Notes: Credits may be available to local agencies in Charlotte, NC 28202 the City of Charlotte and Mecklenburg County; (704) 432 -0966 Credit types: wetlands, stream ikarleci. charlotte. nc.us ......................................................................................................... ............................... Updated September 6, 2012 Page 1 of S Basin: Lumber Sank Information Contact Information CU. • Service Area OIB Developing Name: Stone Farm Regional Mitigation Bank Coleman Ramsey County: Brunswick 16 Causeway Drive Notes: Service area contains specified 14 -digit RUCs in Ocean Isle Beach, NC 28469 03040206 & 03040207; Credit types: wetlands, (910) 279 -6603 stream oibdevelopment (�-)oibdevelopment.com ......................................................................................................... Basin: Neuse (Inside of the Falls Lake Watershed) CU. • 03020201 CU. • 03020201 Name. EBX Neuse I -Westbrook Subwatershed Upper Falls Environmental Banc & Exchange, LLC Name. Forrest Creek UT -2 Matt Fisher County: Orange 909 Capability Drive, Suite 3100 Notes. Credit types: nutrient offset Raleigh, NC 27606 (919) 648 -3661 (Cell) (919) 829- 9909(Office) Mattfisher(d,ebxusa.com . ........................ . ................. I.................... (239) 872 -1678 (Cell) Mattfisher aebxusa.com Basin: Meuse (Outside of the Falls Lake Watershed) Bank Information Contact Information CU. 03020201 EBX Neuse I, LLC Name. EBX Neuse I - Rudolph Matt Fisher County: Johnston 909 Capability Drive, Suite 3100 Notes: Credit types: riparian buffer, nutrient offset Raleigh, NC 27606 (919) 829 -9909 (239) 872 -1678 (Cell) ......................................................................................................... Mattfishe1debxusa.com ............................... CU. • 03020201 EBX Neuse I, LLC Name. EBX Neuse I -Westbrook Matt Fisher County: Johnston 909 Capability Drive, Suite 3100 Notes: Credit types: nutrient offset Raleigh, NC 27606 (919) 829 -9909 (Office) (919) 648 -3661 (Cell) ................................ .... ............................ . ....... Mattfisher(d,ebxusa.com . ........................ . ................. I.................... CU. ° 03020201 EBX -EM, LLC Name. Forrest Creek Mitigation Bank Matt Fisher County: Orange 909 Capability Drive, Suite 3100 Notes: Credit types: stream, riparian buffer Raleigh, NC 27606 (919)829 -9909 (239) 872 -1678 Mattfishera,ebxusa. com CU. ° 03020201 Name. Neu -Con: Westbrook Lowgrounds County: Johnston Notes: Credit types: wetlands, stream Updated September 6, 2012 Environmental Banc and Exchange Matt Fisher 909 Capability Drive, Suite 3100 Raleigh, NC 27606 (919) 829 -9909 (Office) (239) 872 -1678 (Cell) M attfishera- ebxusa. com Page 2 of S ......................................................................................................... CU: 03020201 ........................... >,.. Restoration Systems, LLC Name. Pancho Tara Allden County: Wake 1101 Haynes Street, Suite 211 Notes: Credit types: wetlands, stream Raleigh, NC 27604 (919) 334 -9119 ................................ . .................. . ....................................................................... tallden (a.restorationsystems.com I............ CU. • 03020201 Restoration Systems, LLC Name: Umbrella Riparian Buffer Bank: Lane Island Tiffani Bylow County: Wayne 1101 Haynes Street, Suite 211 Notes: Credit types: riparian buffer, nutrient offset Raleigh, NC 27604 (919) 334 -9123 tbylowtd-)restorationsystems. com ......................................................................................................... ............................... CU. ° 03020201 Restoration Systems, LLC Name. Umbrella Riparian Buffer Bank: Wellons Farm Tiffani Bylow County: Johnston 1101 Haynes Street, Suite 211 Notes: Credit types: nutrient offset Raleigh, NC 27604 (919) 334 -9123 tbVIow@restorationsystems.com ......................................................................................................... ............................... CU. • 03020201 Wildlands Engineering, Inc. Name. Wildlands Neuse Bank: Little River Farm Robert Bugg County: Wayne 5605 Chapel Hill Road, Suite 122 Notes: Credit types: riparian buffer, nutrient offset Raleigh, NC 27607 (919) 851 -9986 x 100 rb_uugg @wildlandseng.com CU: 03020202 Name. Flat Swamp Mitigation Bank County: Craven Notes. Credit types: riparian buffer nutrient CU. • 03020202 Name. Neu -Con: Casey -King Wetland Mitigation Project County: Lenoir Notes. Credit type: wetlands , Greenvest/Flat Swamp LLC Robert N. Kessler, Director of Marked 4405 Dewees Court Raleigh , 27612 'P� 919 943 -3-3 374 Flatswampllc @comcast.net , P Banc and Exchange Fisher 909 909 Capability Drive, Suite 3100 Raleigh, NC 27606 (919) 829 -9909 (Office) {239)- 872 -1678 (Cell) MattfisherCcaebxusa.com v r D CU. • 03020203 Greene Environmental Services, LLC Name. Contentnea -Little Contentnea Creek Jeffrey Becker County: Greene 90 Ham Produce Road Notes: Credit types: riparian buffer, nutrient offset Snow Hill, NC 28580 (252) 747 -8200 Updated September 6, 2012 Page 3 of 5 ......................................................................................................... CU. • 03020203 ............................... EBX Neuse I, LLC Name. EBX Neuse I - Nahunta Matt Fisher County: Wayne 909 Capability Drive, Suite 3100 Notes. Credit types: riparian buffer, nutrient offset Raleigh, NC 27606 (919) 829 -9909 (Office) (239) 872 -1678 (Cell)_ Mattfisher (aebxusa.com CU: 03020203 Environmental Banc and Exchange Name: Neu -Con: Alexander Wetland Mitigation Project Matt Fisher County: Greene 909 Capability Drive, Suite 3100 Notes. Credit type: wetlands Raleigh, NC 27606 (919) 829 -9909 (Office) (239) 872 -1678 (Cell) Mattfisher(,ebxusa.com CU: 03020204 EBX Neuse I, LLC Name. EBX Neuse I - Marston Matt Fisher County: Jones 909 Capability Drive, Suite 3100 Notes: Credit types: riparian buffer, nutrient offset Raleigh, NC 27606 (919) 829 -9909 (Office) (239) 872 -1678 (Cell)_ M attfishera- ebxusa. com Basin: Pasquotank Bank Information Contact Information CU. • 03010205 Great Dismal Swamp Restoration Bank Name: Great Dismal Swamp Restoration Bank Gloria Nelson County: Tyrrell P.O. Box 6186 Notes: Credit type: wetlands Chesapeake, VA 23323 (757) 487 -3441 vicoaccta,eaviola.com .., Basin: White Oak Bank Information Contact Information CU. • Service Area Name: Hofmann Forest Wetland Mitigation Bank County: Onslow Notes: Service area defined within 03030001 & 03020106, Onslow Cty; Credit type: wetlands .......... . ........................................................ I Basin: Yadkin NCSU College of Natural Resources Dr. Glenn P. Catts 2023 Biltmore Hall, PO Box 8002 Raleigh, NC 27695 -8002 (919) 513 -3973 Glenn cattsPncsu.edu ....................... ............................... Bank Information Contact Information CU. • 03040101 American Wetlands Name: Deep Creek Mitigation Bank Lamar Beasley County: Yadkin 2310 Ballycairne Court Notes: Credit types: wetlands, stream Reston, VA 20191 (703) 860 -0045 Updated September 6, 2012 Page 4 of 5 CU 03040101 Name: Fisher River Mitigation Bank County. Surry Notes. Credit types: wetlands, stream American Wetlands Lamar Beasley 2310 Ballycairne Court Reston, VA 20191 (703) 860 -0045 Updated May 22, 2012 PageS of5 2571 Railroad Street PO Box 1459 Winterville, NC 28590 Greenvest /Flat Swamp LLC Robert N. Kessler Director of Marketing 4405 Dewees Court Raleigh, NC 27612 ©� ,gyp! ti "zir ■■ ■ .,�,,, ;�;,,,, CC WINTERVILLE ' i t1w September 17, 2012 Phone: (252) 756 -2221 Fax: (252) 321 -8455 www.wintervillenc.com The Town of Winterville is in the process of applying with the State and the Corps of Engineers for permits to tile a portion of the Nobel Canal within the Town boundary. As part of that process they require Statement of Compliance with North Carolina Law to promote the use of compensatory mitigation Banks. We note that your company is listed for banks in HUK 03020202 has having riparian buffer credits. We need both riparian buffer credits and stream credits. We are requesting permits to tile 602 If of the Nobel Canal beginning at Mill Street and proceding westwardly 602 feet. Zone 1 having 36,120 sqft with a multiplier of 3 with a required mitigation of 108,360 sqft Zone 2 having 12,040 sqft with a multiplier of 1.5 with a required mitigation of 18,126 sqft TOTAL having 48,160 sqft TOTAL required mitigation of 126,420 soft Please .advise as to the availability of credits for a project of this nature within Cataloging Unit CU03020202, also known as the "Middle Neuse Watershed" Terri L. Parker Town Manager jam' lypIkd � ,,57: 6�)p )"'rff �0 co � d u ia�ts W- l7�rw�/ �r �i- PPN�i1 %p� CAROLINA CAROLINA BENCHMARK 1, 102 OAKMONT DRIVE BENCHMARK GREENVILLE, NC 27858 2571 Railroad Street PO Box 1459 Winterville, NC 28590 Greenest /Flat Swamp LLC Robert N. Kessler Director of Marketing 4405 Dewees Court Raleigh, NC 27612 �v'��✓r,5� /1-17-T Rd ✓vr�N Ps,� ✓�)� V _) `T 11■ ■■ ■ 111:11 1, .� „, A0 oil September 17, 2012 z 7�✓Z- Phone: (252) 756 -2221 Fax: (252) 321 -8455 www.wintervillenc.com The Town of Winterville is in the process of applying with the State and the Corps of Engineers for permits to tile a portion of the Nobel Canal within the Town boundary. As part of that process they require Statement of Compliance with North Carolina Law to promote the use of compensatory mitigation Banks. We note that your company is listed for banks in HUK 03020202 has having riparian buffer credits. We need both riparian buffer credits and stream credits. We are requesting permits to tile 602 If of the Nobel Canal beginning at Mill Street and proceding westwardly 602 feet. Zone 1 having 36,120 sqft with a multiplier of 3 with a required mitigation of 108,360 sqft Zone 2 having 12,040 sqft with a multiplier of 1.5 with a required mitigation of 18,126 sqft TOTAL having 48,160 sqft TOTAL required mitigation of 126,420 sgft Please .advise as to the availability of credits for a project of this nature within Cataloging Unit CU03020202, also known as the "Middle Neuse Watershed" atm: V Terri L. Parker .. %1 cd 1 �-'/J �/j /v t" �, acv/ /-, 2571 Railroad Street WINTERVILLE �/ /� Phone: (252) 756 -2221 Wi Box 1459 �/7i��CCpi r,i�'ff p,�pp� /, .f nterville, NC 28590 d c�� Fax: (252) 321 -8455 www.wintervillenc.com September 17, 2012 Environmentaf Banc and Exchange Matt Fisher 909 Capability Drive Suite 3100 Raleigh, NC 27612 The Town of Winterville is in the process of applying with the State and the Corps of Engineers for permits to tile a portion of the Nobel Canal within the Town boundary. As part of that process they require Statement of Compliance with North Carolina Law to promote the use of compensatory mitigation Banks. We note that your company is listed for banks in HUK 03020202 has having wetlandr credits. We need both riparian buffer credits and stream credits. We are requesting permits to tile 602 If of the Nobel Canal beginning at Mill Street and proceding westwardly 602 feet. Zone 1 having 36,120 sqft with a multiplier of 3 with a required mitigation of 108,360 sqft Zone 2 having 12,040 sqft with a multiplier of 1.5 with a required mitigation of 18,126 sqft TOTAL having 8,160 sqft TOTAL required mitigation of 126.420 soft Please advise asito the availability of credits for a project of this nature within Cataloging Unit CU03020202, also known as the "Middle Neuse Watershed" 6%/K' L ' Terri L. Parker ) - `' =� Town Manager I�.. a1%JO P/ C [IV J J ' j� `{V' CIv�i1JeP Tj �� �e � �� ��I►'y1�r� �1/C �TS'S8 �P � I CAROLINA CAROLINA BENCHMARK ' 102 OAKMONT DRIVE BENCHMARK GREENVILLE, NC 27858 4�;)u�roN"eN�z,/ 1� /svje4�/' 11 ■ ■ ■ ■ o1I;111 I .. ..., 2571 Railroad Street PO Box 1459 Winterville, NC 28590 September 17, 2012 Environmental //Banc and Exchange Matt Fisher C 909 CapabilityiDrive Suite 3100 Raleigh, INC 27612 Phone: (252) 756 -2221 Fax: (252) 321 -8455 www.wintervillenc.com The Town of Winterville is in the process of applying with the State and the Corps of Engineers for permits to the a portion of the Nobel Canal within the Town boundary. As part of that process they require Statement of Compliance with North Carolina Law to promote the use of compensatory mitigation Banks. We note that your company is listed for banks in HUK 03020202 has having wetlandr credits. We need both riparian buffer credits and stream credits. We are requesting permits to tile 602 If of the Nobel Canal beginning at Mill Street and proceding westwardly 602 feet. Zone 1 having 36,120 sqft with a multiplier of 3 with a required mitigation of 108,360 sqft Zone 2 having 12,040 sqft with a multiplier of 1.5 with a required mitigation of 18,126 sqft TOTAL having 48,160 sqft TOTAL required mitigation of 126,420 sqft Please advise as to the availability of credits for a project of this nature within Cataloging Unit CU03020202, also known as the "Middle Neuse Watershed" Terri L. Parker i n Agreement to Purchase Nitrogen Credits From GreenVest/ Flat Swamp, LLC Agreement Number: FSNM 2012 -0009 - DRAFT- This Agreement, effective as of the (date), by and between GreenVest /Flat Swamp, LLC, a North Carolina company with a business office located at 4.405 Dewees Court, Raleigh, North Carolina 27612 referred to herein as "Seller" and Town of Winterville, 2571 Railroad Street, P. O. Box 1459, Winterville, North Carolina 28590 referred to herein as "Purchaser ". WHEREAS, the State of North Carolina Department of Water Quality (NCDWQ) issued an executed Mitigation Banking Instrument number 07 -0747 dated June 15, 2oo9, providing for the construction and operation of the Flat Swamp Mitigation Bank located in Craven County, North Carolina. This mitigation bank, owned by Seller, is designed and constructed to mitigate for nutrient and riparian buffer ecological impacts occurring within the Middle Neuse River Watershed Hydrological Unit Code 03020202 located in North Carolina; and WHEREAS, the Purchaser, in accordance with the State of North Carolina and the (Municipality, state and /or federal agency) requirements for the facility known as the Nobel Canal located within the Town of Winterville within in the Neuse Hydrologic Unit Code of 03020202, as approved by the (Municipality, state and /or federal agency) in their letter(s) dated (date) is required to undertake certain mitigation activities and in satisfaction thereof is authorized to purchase one hundred and twenty -six thousand four hundred and twenty (126,420) square feet of riparian buffer of mitigation credits from the Bank; and, WHEREAS, the Purchaser desires to purchase from the Seller a right of use of one hundred and twenty -six thousand four hundred and twenty (126,420) square feet of riparian buffer credits awarded to Seller and found within the Bank, in order to satisfy the State of North Carolina and the City of Goldsboro nitrogen requirements as stated above: and, NOW, THEREFORE, in consideration of the mutually binding covenants of the parties, it is agreed as follows: 1. Seller agrees to manage the Bank in accordance with the terms of the resolution and all related permits. 2. Seller agrees to sell and Purchaser agrees to purchase one hundred and twenty -six thousand four hundred and twenty (126,420) square feet of riparian buffer credits from the Bank for a fixed total purchase price of $125,15.8o dollars upon execution of this Agreement. It is understood and acknowledged that this Agreement constitutes a commitment by Purchaser to purchase said right of use and a commitment by Seller to sell such interest for the riparian buffer credits being purchased herein. This commitment is contingent upon the NCDENR authorizing the sale of said interest in writing. Seller agrees to notify the NCDENR of the execution of this Agreement and withdraw the amount of nitrogen credits, specified above, from the Bank Ledger to the Purchaser in accordance with the Purchaser's NCDENR permit. 3. Purchaser agrees to complete and file any and all forms and all other documents required by the NCDENR if any are required for the interest to be granted to Purchaser and to be purchased by Purchaser under this Agreement. Seller shall execute any required documents to establish that the Bank is available for use by the Purchaser to satisfy Purchaser's mitigation requirements. Purchaser further agrees to supply such additional information as requested by the regulatory agencies, as may be necessary, for the prompt processing of Purchaser's letter approval. 4. Notwithstanding anything herein to the contrary, this Agreement shall be void and neither party shall have any further liability if the approvals required of the Seller and Purchaser are not obtained within thirty (30) days of the date of this Agreement. Said period may be extended for additional periods of time upon written agreement of the parties. 5. Purchaser acknowledges that it is purchasing nitrogen credits authorized by the NCDENR and the Town of Winterville for the purpose of satisfying the requirements of riparian buffer credits in the Neuse Hydrologic Unit Code of 03020202 as approved by the (Municipality, state and /or federal agency) in their letter(s) dated (date) . 6. The rights of Purchaser and Seller under this Agreement shall not be assigned, conveyed, transferred, pledged, encumbered or in any way restricted without prior written consent of the parties, said consent not to be unreasonably withheld. 7. Seller represents, warrants and covenants to Purchaser as follows: a. Seller has all requisite power, authority and approvals to operate and maintain the Flat Swamp Mitigation Bank, and execution and delivery of this Agreement and the consummation of the transactions contemplated hereby will not violate any such authority or approval. b. Seller has complied, and will continue to comply, with all state and local laws, regulations and ordinances applicable to the operation and maintenance of the Bank, including without limitation those requirements of the State of North Carolina Department of Water Quality Mitigation Bank Instrument Number o7 -0747 issued on June 15, 2009. c. Upon receiving an original executed Agreement and payment in full, the Seller shall provide the Purchaser's representative a "Receipt of Payment" in full and a copy of the Bank's Ledger indicating the withdraw of the purchase one hundred and twenty -six thousand four hundred and twenty (126,420) square feet of riparian buffer credits for the project. A copy of the receipt and the Ledger shall be electronically sent to (Municipality, state and /or federal agency), within two (2) business days. 8. This Agreement shall be governed by the laws of the State of North Carolina. 9. This Agreement constitutes the entire agreement between the parties and replaces or supersedes any and all prior agreements, representations or understandings between the parties relating to the subject matter hereof. 10. This Agreement shall not be orally modified and no amendment hereto shall be effective except by a writing signed by all parties. None of the terms and conditions contained herein may be added to, deleted, or altered except by written instrument signed by all parties. 11. All notices to the parties pursuant to this Agreement shall be personally delivered, sent by facsimile transmission, electronic mail, or sent by certified mail return receipt requesting to the following addresses: If to Seller: GreenVest /Flat Swamp, LLC Attn: Robert N. Kessler Director of Marketing 4405 Dewees Court Raleigh, North Carolina 27612 Office: 919.943.3374 Fax: 410.268.7423 Email: FlatSwampLLC @ Comcast.net If to Purchaser: Town of Winterville Attn: Terri L. Parker 2571 Railroad Street P. O. Box 1459 Winterville, North Carolina 28590 Office: 252 -756 -2221 Fax: 252 -321 -8453 Email: (address) and, This Agreement shall inure to the benefit and be binding upon the parties and their respective successors, representatives and permitted assigns. If to Purchaser via their Consultant: Carolina Benchmark Engineering Attn: Mr. Thomas W. Harwell, P. E. 102 Oakmont Drive Office: 252 -756 -844.0 Fax: 252-355 -2100 Email: cbinc @coastainet.com and, This Agreement shall inure to the benefit and be binding upon the parties and their respective successors, representatives and permitted assigns. IN WITNESS WHEREOF, the parties have executed this Agreement to become effective as of this day and year first written above. Purchaser: Town of Winterville Terri L. Parker Manger Seller: GreenVest /Flat Swamp, LLC Robert N. Kessler Co- Managing Member 3 September 24,2o12 Mr. Thomas W. Harwell, P.E. Carolina Benchmark Engineering 102 Oakmont Drive Greenville, North Carolina, 27858 Re: Town of Winterviile Nobel Canal Project Neuse River Riparian Buffer Credits Mr. Harwell, In response to the Town of Winterville correspondence dated September 17, 2012 and our telephone conversation today, please be advised that the GreenVest /Flat Swamp, LLC mitigation bank has the required 126,420 square feet of Neuse River riparian buffer credits required for the Nobel Canal project located in the Hydrologic Unit Code (HUC) 03020202, also known as the Middle Neuse River Basin. Please be advised that the Flat Swamp Bank, LLC (Banker) has reserved 126, 420 square feet of Neuse riparian buffer (NRB) credits for a period of no longer than ninety (go) days from the date of this correspondence for your project referenced above. Prior to entering into a contract to purchase the above referenced NRB credits at our current selling price of one hundred and twenty -five thousand, one hundred and fi fty five and eighty cents ($125 :1$5.80) ,the banker will require written correspondence fr om Ms. Lisa Ann Kirby, P.E., Public Works Department with the City of Greenville, the State of North Carolina Department of Natural Resources (NCDENR) and the U. S. Army Corps of Engineers (USACE) Project Manager, assigned to process your permit application, confirming the exact amount of NRB credits the project will require. Upon receipt of the conformation letters, the Banker will provide your client a Purchase Agreement for the amount of NRB credits required. Upon the execution of the Purchase Agreement by both parties and payment in full has been received, the Banker shall provide a "Receipt of Payment" stating that payment has been received and copy all parties concerned. Thank you for your support of the Flat Swamp Mitigation Bank and the restoration of the Middle Neuse River Basin. Should you have any questions, please contact me. Robert N. Kessler Director of Marketing CC: Ms. Terri L. Parker, Town Manager, Town of WinterviIle Ms. Lisa Ann Kirby, P.E. City of Greenville GreenVest /Flat Swamp, LLC 4405 Dewees Court Raleigh, North Carolina 27612 C: 919. 943.3374 www.Flat8wampLLC @Comcast.net u a a 4 V L cu U� Cn it r bz U W U. f-.. L? o a--) H 41 A O O .m w �O Q) ai C Z u a a 4 V L cu U� Cn it r bz U W U. f-.. L? o a--) H 41 A O O .m CO �O Q) ai C Z � o x tfi s� r CIS x O C) x +'A v O�-(� •„� . �l y k W W o 5 � "7 Cj 0 r !�. Cd O cc,) 0, N N i u CQ N +' 0+ Z v N p U U, p (Y3 p 0 Lo y y t q o o SIGN UP SHEET INTERAGENCY/SCOPING MEETING Scoping Meeting - Propose to Tile a portion of Nobel Creek vironmentar regulatory guidance and direction for I is proposed - project., August 20, 2012 @ 2 pm Name Agency Phone Email ��/l 1//1- Z?gq,7 14-3 W. (Ue- NA Um, n PC Z52 1+13 39((P tl"r L-w-, -7 �� v rt�ap1d �v 790 ev� Ve3 V e, t- r NCDENR WASHINGTON REGIONAL OFF-ICE I of 1 943 WASHINGTON SQUARE MALLWASHINGTON, NC 27889 252-946-6481, FAX 252-975-3716 -0in rA r ell, :)✓ / i Statement of Compliance with Session Law 2009 -337 An Act to Promote the Use of Compensatory Mitigation Banks and SL 2011 -343. (i nk to 5L 2009 =�37w1 tliral�'to 5L�w2Q� 7�:3:) Prior to accessing the Ecosystem Enhancement Program (EEP) In -Lieu Fee Mitigation Program, all applicants requesting wetlands stream and /or riparian buffer mitigation are now required by law to comply with Session Law 2009 -337 An Act to Promote the Use of Compensatory Mitigation Banks as well as Session Law 2011 -343, which made changes to the definition of "government entities." All requests submitted on or after June 27, 2011 MUST include this form signed and dated by the permit applicant or an authorized agent. Please refer to DENR's Implementation Policy for more detailed guidance. Compliance Statement: I have read and understand SL -2009 -337 and SL- 2011 -343 and have, to the best of my knowledge, complied with their requirements. I understand that participation in the NCEEP is voluntary and subject to approval by permitting agencies. Please check all that apply: Applicant is a Federal or State Government Entity or a unit of local government meeting the requirements set forth in G.S. 143- 214.11 (as amended by SL 2011- 343) and is not required to purchase credits from a mitigation bank. There are no listed mitigation banks with the requested credit type located in the hydrologic unit where this impact will take place fJ_�nk�A,'RW yIIQ' lash (see "approved mitigation bank" link under "Options for compensatory mitigation" heading) Mitigation bank(s) in the hydrologic unit where the impacts will occur have been contacted and credits are not available. The DWQ or the Corps of Engineers did not approve of the use of a mitigation bank for the required compensatory mitigation for this project. This is a renewal request and the permit application is under review. Bank credits were not available at the time the application was submitted. Enter date permit application was submitted for review: Note: It is the applicant's responsibility to document any inquiries made to private mitigation banks regarding credit availability. Signature of Applicant or Agent 10k/20 rz Date Q ob U %a.nA -A Onhwcerrtr& Project Name Location Printed Name W 1nk4-t4'1 le, r� I TJ-- 1 II - - - -- y Y ;, -� L, I _ 1_ i I I I L I I I I I I ,3 �o I I I r :, c '- r, n TOWN OF WINTERVILLE FA STERN S1DF OF NC H19Y 11 «ry rcinry 1- CAROLINA BENCHMARK SHRYSYORS- PLANNERS °' " "' "° IFAIN 011 - PROPOSED CLEAN OUT OF NOBEL CANAL -Y /Toft'A'SH(P - COUNTY - NORTH LAROLM: TO WESTERN SLUE OF MILL ST. rn'oonnoRi:rEo ------ --- —T 72 C, ILI El Cl, E lH A L it Ali - I i - i \ \\ ` F, 2 0, ENZ . ......... once. .... ...... TOWN OF WINTERVILLE CAROLINA BENCHMARK EASTERN SIDE OF NC HWY 11 ENGINEERS - SURVEYORS- PLANNERS PROPOSED CLEAN OUT OF TO WESTERN SIDE OF MILL ST. tNCOrrnra; En NOBEL CANAL N 27858 (152) Z , ""/v--" - c—, - —," J