HomeMy WebLinkAboutNCS000420_Garner Permit Renewal Application 2_20210810 NPDES Phase II
Comprehensive Stormwater Management
Program Renewal Application
Permit No: NCS000420
RECEIVED
Submitted: AUG 10 2021
DENR-LAND QUALITY
August 4, 2021 STORM WATER PERMITTING
k 4,01# a
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Town of Garner
North Carolina
Adopted by:
The Honorable Mayor
and Town Council
Prepared by:
The Engineering Department
TABLE OF CONTENTS
X. Narrative Application Supplement: Stormwater Management Program Report
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
1.5. Land Use Composition Estimates
1.6. Estimate Methodology
1.7. TMDL Identification
2. RECEIVING STREAMS
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs
3.2. State Programs
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
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
ATTACHMENTS
1. BMP Summary Table for Initial Permit
2. Organizational Charts
3. Wake County Agreement
4. Town of Garner Stormwater Program for Nitrogen Control
5. Triangle J Council of Governments Agreement
6. Public Notice
7. Resolution of Council
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Town of Garner - NPDES Stormwater Permit Application
X. Narrative Application Supplement: Stormwater Management Program Report
The following report for activities relating to stormwater management within the
Town of Garner has been prepared for renewal of the issued permit number
NCS000420. The Town of Garner was granted the permit renewal on February 20,
2017 for the purpose of managing stormwater runoff. This report is filed with
the North Carolina Division of Energy, Minerals and Land Resources (NC DEMLR) as
well as the North Carolina Division of Environmental Quality (NC DEQ) and a
matter of public record.
The information presented in this report follows the format established by NC
DEMLR and outlined in their "Instructions for Preparing the Comprehensive
Stormwater Management Report." These instructions outline seven (7) areas of
reporting and this report is segmented into each of those seven areas.
1. STORM SEWER SYSTEM INFORMATION
1.1 Population Served
-Permanent: 35,025
-Basis of Population statistic: July 2021, Town of Garner
-Seasonal: N/A
-Method used to create seasonal estimates: N/A
1.2 Growth Rate: 3.9% per year (based on 2021)
1.3 Jurisdictional and MS4 Service Areas
1.3.1 Jurisdictional Area (square miles): 39
1.3.2 Latitude of Center of MS4 Service Area: 350 64' 18"
Longitude of Center of MS4 Service Area: 780 57' 48"
1.3.3 MS4 Service Area (square miles): 18.2
1.4 MS4 Conveyance System
Describe your system, in narrative, identifying use of pipe, open channels, etc.
to give a general feel for how the system performs and the general condition of
the streams and other water bodies receiving runoff.
The existing MS4 system consists primarily of reinforced concrete pipe with some
corrugated metal pipe as well as some high density polyethylene (HDPE) and
polypropropylene (PP) pipe used in mainly residential and commercial areas.
Most of the storm water enters the system through catch basins and some yard
inlets. There are a lot of residential subdivisions where the existing pipe
system is older and the streams are showing some impact from upstream
development. Most complaints concern heavy erosion on the stream banks and
Section X. Stormwater Management Program Report 1
Town of Garner - NPDES Stormwater Permit Application
older pipe systems. The Town of Garner completed an infrastructure study on
pipes greater than 36 inches in 2017 to prioritize replacement of aging
infrastructure.
1.4.1 MS4 maintenance activities: Drains are cleaned as needed or identified
during routine operations. After each rain event of approximately 1" or more,
55 locations throughout town are checked for blockage and function. These
locations are typically areas known for periodic flooding. Most cleaning is
manual with occasional flushing required. In addition, some maintenance
activities are done in response to citizen complaints. Major required
maintenance activities, such as upsizing of pipes or stream bank stabilizations,
are put on a list and are completed as the town budget allows.
1.4.2 How many full time equivalent positions are used to provide maintenance
services, annually? On average 3.
1.4.3 How often is the system inspected for maintenance problems? Monthly and
as needed.
1.4.4 Do you clean catch basins, pipes, and other man-made structures? Yes.
1.4.5 What is the frequency of cleaning and the method used? As needed.
Cleaning is manual with occasional flushing required.
1.4.6 What is the annual budget for maintenance activities? Approximately
$171,307 for storm drainage system maintenance.
1.5 Land Use Composition Estimates
Estimated percentage of jurisdictional area containing the following four land
use activities:
Residential: 24 %
Commercial: 6 %
Industrial: 3.3
Open Space: 2.7 %
1.6 Estimate Methodology
Describe the methodology used to calculate land use percentages.
The land use percentages were calculated using the land use layer in the Town's
GIS system. The layer was sorted and the percentages were attained based on the
area of each type of land use and the total area of the MS4 jurisdiction. There
was not a place for all of the land uses that exist in the town, so those were
left out of the percentages.
1.7 TMDL Identification
Do you discharge to a TMDL controlled water body? No.
Section X. Stormwater Management Program Report 2
Town of Garner — NPDES Stormwater Permit Application
2. RECEIVING STREAMS
2.1 Major River Basin(s): Neuse River
2.2 Number and name of Primary Receiving Streams or bodies of water: 10
1. Receiving Stream Name: Swift Creek (Lake Benson)
Stream Segment: 27-43-(5.5)
Water Quality Classification: WS-III; NSW, CA
Use Support Rating: FS
Water Quality Issues: N/A
2. Receiving Stream Name: Buck Branch
Stream Segment: 27-43-6-(1)
Water Quality Classification: WS-III; NSW
Use Support Rating: NR
Water Quality Issues: N/A
3. Receiving Stream Name: Buck Branch
Stream Segment: 27-43-6-(2)
Water Quality Classification: WS-III; NSW, CA
Use Support Rating: NR
Water Quality Issues: N/A
4. Receiving Stream Name: Reedy Branch
Stream Segment: 27-43-7-(1)
Water Quality Classification: WS-III; NSW
Use Support Rating: FS
Water Quality Issues: N/A
5. Receiving Stream Name: Reedy Branch
Stream Segment: 27-43-7-(2)
Water Quality Classification: WS-III; NSW, CA
Use Support Rating: FS
Water Quality Issues: N/A
6. Receiving Stream Name: Mahler's Creek
Stream Segment: 27-43-9
Water Quality Classification: C; NSW
Use Support Rating: FS
Water Quality Issues: N/A
7. Receiving Stream Name: White Oak Creek (Austin Pond)
Stream Segment: 27-43-11
Water Quality Classification: C; NSW
Use Support Rating: FS
Water Quality Issues: N/A
8. Receiving Stream Name: Unnamed Tributary to Swift Creek
Stream Segment: 27-43-5-(2)
Water Quality Classification: WS-III; NSW, CA
Use Support Rating: NR
Water Quality Issues: N/A
9. Receiving Stream Name: Bagwell Branch
Not Classified by DWQ
Section X. Stormwater Management Program Report 3
Town of Garner — NPDES Stormwater Permit Application
10. Receiving Stream Name: Echo Creek
Not Classified by DWQ
2.3 Are there significant water quality issues detailed in the attached
application report? Yes. The entire river basin is designated as NSW with the
primary nutrient being nitrogen.
2.4 Do you discharge to territorial seas, oceans or within the contiguous
zone? No.
Section X. Stormwater Management Program Report 4
Town of Garner-NPDES Stormwater Permit Application
3. EXISTING WATER QUALITY PROGRAMS
3.1 Local Programs
The Town of Garner currently has two programs in place. The Town of Garner
Stormwater Program for Nitrogen Control was implemented in 2001 and updated in
2020. The four minimum measures of this program are new development
review/approval, illegal discharges, retrofit location, and public education.
This program covers the entire jurisdiction, including the ETJ. The Water
Supply Watershed Protection plan was approved by EMC in 1995. This plan does
not cover the entire jurisdiction, but a smaller area that drains to Lake
Benson. The plan includes low and high -density options for development with
payments made towards the development of a regional retention pond. The Town
never built a regional retention pond, but smaller individual primary SCMs
(mostly wet retention ponds) were built and implemented to meet the fee in -lieu
collected for TSS.
3.2 State Programs
The Town of Garner currently has the NPDES Phase II Program in place, which was
implemented in 2005. The six minimum measures of this program are public
education and outreach, public involvement and participation, illicit discharge
detection and elimination, construction site runoff controls, post -construction
site runoff controls, and pollution prevention and good housekeeping for
municipal operations. This program covers the total area of the MS4
jurisdiction.
Section X. Stormwater Management Program Report 5
Town of Gamer — NPDES Stormwater Permit Application
4. PERMITTING INFORMATION
4.1 Responsible Party Contact List
Name: Jaclyn Stannard
Title: Stormwater Program Administrator
Street Address: 900 Seventh Avenue
PO Box:
City: Garner
State: NC
Zip: 27529
Telephone: 919-773-4421
E-mail: jstannard@garnernc.gov
4.2 Organizational Chart
See Attachment 2.
4.3 Signing Official
Name: Rodney Dickerson
Title: Town Manager
Street Address: 900 Seventh Avenue
PO Box:
City: Garner
State: NC
Zip: 27529
Telephone: 919-772-4688
E-mail: rdickerson@garnernc.gov
4.4 Duly Authorized Representative: Not Applicable.
Section X. Stormwater Management Program Report 6
Town of Garner — NPDES Stormwater Permit Application
5. CO -PERMITTING INFORMATION
5.1 Co-Permittees: Not Applicable.
5.2 Legal Agreements: Not Applicable.
5.3 Responsible Parties: Not Applicable.
Section X. Stormwater Management Program Report
Town of Garner — NPDES Stormwater Permit Application
6. RELIANCE ON OTHER GOVERNMENT ENTITY
Do you intend that another entity perform one or more of your permit
obligations? Yes.
If yes, identify each entity and the element they will be implementing:
6.1 Name of Entity: Wake County and DEMLR/DEQ.
6.2 Measure Implemented: Construction Site Stormwater Runoff Controls and
NPDES general stormwater permit for construction activities of one or more
acres.
6.3 Contact Information: Andrew Lake, Wake County
Contact Address: 336 Fayetteville Street Mall
Raleigh, NC 27602
Contact Telephone Number: 919-594-0895
6.4 Legal Agreements: Are legal agreements in place to establish
responsibilities? Yes, with Wake County. See Resolution No. (1975) 378 in
attachment 3.
Section X. Stormwater Management Program Report 8
Town of Garner - NPDES Stormwater Permit Application
7. STORMWATER MANAGEMENT PROGRAM
7.1 Public Education and Outreach on Stormwater Impacts
What pollutant source(s) are you trying to address and why? List the targeted
pollutants and give a brief explanation as to why these are selected.
a. Fertilizer and application of lawn care products - Currently targeted
by the Clean Water Education Partnership.
b. General Stormwater - Currently targeted by the Clean Water Education
Partnership and the Town of Garner.
C. Disposal of household chemicals and used oil - Currently targeted by
the Clean Water Education Partnership.
d. Car washing - Currently targeted by the Clean Water Education
Partnership.
e. Pet Waste - Currently targeted by the Town of Garner.
f. Litter - Currently targeted by the Clean Water Education Partnership
and Town of Garner.
g. Other (Nitrogen) - The Town of Garner Stormwater Program for Nitrogen
Control in attachment 4 has a Public Education Action Plan that
addresses nitrogen loading.
h. Illicit connections and discharges.
Write a narrative description of the approach you are going to take in your
outreach program.
The Town of Garner has a Public Education Action Plan in Section 5-B of the Town
of Garner Stormwater Program for Nitrogen Control. We continue to participate
in the Clean Water Education Partnership coordinated by the Triangle J Council
of Governments (TJCOG). See agreement between TJCOG and the Town of Garner
located in attachment 5. We also participate in various educational
opportunities as they arise throughout Town. We have participated in two semi-
annual events that are the Litter Sweep and Big Sweep for the past permit
durations and anticipate continued participation in the future as time and
weather permits. We also utilize CWEP's stormwater education booth at various
education events throughout the year within the Town. The Town of Garner also
produces mass media stormwater education commercials for the Garner cable access
channel, Town of Garner website and social media (Facebook and Instagram).
Stormwater educational give -a -ways are also awarded to the community during Town
events.
Decision Process: Describe the decision process used to create this program
element.
A model Neuse Stormwater Program for Nitrogen Control was developed by the State
of North Carolina in conjunction with local governments. The NPDES phase II
rules were used as the basis for the model plan. The Town of Garner Stormwater
Program for Nitrogen Control was based on the model program.
7.2 Public Involvement and Participation
Are you going to comply with the public hearing requirement to meet this minimum
control measure? Yes, the Town of Garner met the minimum requirement for a
public hearing at the time of the initial NPDES Phase II application permit
process. The public hearing was held on February 18, 2003. The Town of Garner
also works with the Clean Water Education Partnership to schedule education
Section X. Stormwater Management Program Report 9
Town of Garner - NPDES Stormwater Permit Application
participation events for the community. Sometimes these events happen at Town of
Garner Sponsored events and sometimes they are independent events.
Describe the Public Notice Process including the name and title of the person
responsible for compliance.
The Town of Garner holds two Town Council Meetings on the first Monday and the
third Tuesday of each month. A Town Council Work session is also held if
necessary on the last Tuesday of the month. All of the meetings are public,
however no decisions are made at worksessions. Public hearings must be
advertised for at least 10 days prior to the Town Council meeting when the
public hearing will be held. The person who is responsible for compliance with
legal notices is Stella Gibson, Town Clerk. A copy of the notice of public
hearing is included in attachment 6 along with the Resolution No. (2003) 1790
authorizing submittal of the permit application in attachment 7.
7.3 Illicit Discharge Detection and Elimination
7.3.1 Storm Sewer System Map: Describe how you are going to complete a storm
sewer system map of outfall locations. (What sources of information will you
use? What form will the map take (digital, paper map)? What method will you
use to verify the accuracy of the locations? Will you do field verification and
if so, will you use any specific technology? How will you update the map, once
data collection begins? Who will keep the map current? Where will the map be
located within the organization for the public to view or review if desired?
The storm sewer system map was developed with initial criteria and every year
starting in 2003, approximately 95% of the system has been mapped with
additional information. See section 3-B of the Town of Garner Stormwater Program
for Nitrogen Control for further information on how and when the storm sewer
system map is being developed. The map is in digital form and paper maps can be
created upon request. Past summer interns have been used to verify the existing
storm sewer system in the town limits. A summer intern was used in 2002 to
verify potential outfalls in the ETJ. Discrepancies that were found by field
verification were noted and changed accordingly.
The storm sewer system is updated as the town receives as -built drawings and any
field discrepancies are changed accordingly as they are noted. The maps can be
accessed through the Engineering Department of the Town.
7.3.2 Regulatory Mechanism
Do you have an ordinance in place that prohibits non-stormwater from your
drainage system? Yes.
Does it also address illegal dumping or illicit connections to the drainage
system? Does it define what is allowable in the storm drainage system? Does it
describe enforcement actions? Does it give you right of entry on to private
property to inspect and/or remove an illicit connection? If you answer no to
any of the above detailed questions, you need to update your ordinance and
include those pieces that are missing. Yes.
7.3.3 Enforcement Actions
Describe the methodology you will use to take enforcement actions needed when
you find an illicit connection. Include the process you will follow if
different from the method of adopting or amending your current ordinance.
Section X. Stormwater Management Program Report 10
Town of Garner - NPDES Stormwater Permit Application
Town personnel continue to locate illicit connections through field screening,
proactive inspections on known offenders or public involvement. The offenders
have been cited and will continue to be cited until action is taken to remove
the illicit connection or discharge. See Sec. 17-97 of the Stormwater Discharge
Ordinance in attachment 4 for further information.
7.3.4 Detection and Elimination
Describe the plan you are going to follow to find and eliminate illicit
connections. Address spills and illegal dumping controls as well. Include
procedures for locating high priority areas in the community; procedures for
tracing the source of an illicit connection; procedures for removing the
discharge and procedures for program evaluation and assessment.
High priority areas that consist of 10% of the jurisdiction have been delineated
for each year. Older areas of town were targeted as the first high priority
areas because they were often developed without sanitary sewer. Accordingly,
there are more opportunities for illegal connections where sanitary sewer was
added to existing development. A field screening process continues to be used
to locate discharges or connections and if the source of the illicit connection
cannot be determined visually or traced to the source then chemical testing is
performed. Once the source has been identified enforcement action will take
place. So far 100% of the Town has been field screened for illicit connections.
There have been several discharges that have been tested, but no illicit
connections have been found to date. Since the Town has completed 100% of the
field screening, the high priority areas have started to be field screen over
again. New ETJ and town limits have been incorporated into the high priority
outfall areas as well as all new developments and new pipe systems mapped in our
GIS system. The program continues to be evaluated as it goes and parts of the
program that are not working will be assessed for changes. See section 3-C and
3-D of the Town of Garner Stormwater Program for Nitrogen Control for additional
information.
7.3.5 How will you find illicit connections?
See section 3-D of the Town of Garner Stormwater Program for Nitrogen Control.
7.3.6 How will you address spills, within your own operation and within the
community?
Spills or leaks of polluting substances discharged to or having the potential to
be indirectly transported to the stormwater conveyance system, shall be
contained, controlled, collected, and removed promptly. Our Public Works
Department is trained annual on spill prevention and response for minor spills
and directed to call 911 for any major spills. All affected areas shall be
restored to their preexisting condition. See Sec.17-96(c) of the Stormwater
Discharge Ordinance for additional information.
7.3.7 How will you eliminate an illicit connection or discharge?
See Section 3-D of the Town of Garner Stormwater Program for Nitrogen Control
and Sec. 17-96(b) of the Stormwater Discharge Ordinance in Appendix E of the
Town of Garner Stormwater Program for Nitrogen Control.
7.3.9 How will you evaluate your program and make changes over time?
Section X. Stormwater Management Program Report 11
Town of Garner - NPDES Stormwater Permit Application
Screening reports are maintained on file and are used to develop and maintain a
map that includes the following information: points of identified illegal
discharges, watershed boundaries of the outfalls where illegal discharges have
been identified, and an accompanying table that summarizes the illegal
discharges that have been identified that includes location, a description of
pollutant(s) identified, and removal status.
7.3.9 How will the following discharges be categorized?
Illicit or Allowable
1. Water line flushing: Allowable
2. Landscape irrigation: Allowable
3. Diverted stream flows: Allowable
4. Rising ground waters: Allowable
5. Uncontaminated ground water infiltration (as defined at 40 CFR
§35.2005(20)): Allowable
6. Uncontaminated pumped ground water: Allowable
7. Discharges from potable water sources: Allowable
8. Foundation drains: Allowable
9. Air conditioning condensation: Allowable
10. Irrigation water: Allowable
11. Springs: Allowable
12. Water from crawl space pumps: Allowable
13. Footing drains: Allowable
14. Lawn watering: Allowable
15. Individual residential car washing: Allowable
16. Flows from riparian habitats and wetlands: Allowable
17. Dechlorinated swimming pool discharges: Allowable
18. Street wash water: Allowable
Are there other incidental discharges that you will define as NON-STORMWATER and
ILLICIT for purposes within your community? If yes, describe them and how you
will address them in your program. No.
7.3.10 Public Outreach: How will you inform the public and your employees about
the hazards of illicit connections and illegal dumping? This activity should be
coordinated with your Public Education Program and your Good Housing Keeping
Program.
We have set up a website to inform the public about illicit connections and
illegal dumping. The website also includes the hotline number as well an email
address for the public to report any illicit discharges. We also have sent
information to local businesses in the past that have the potential to be likely
sources of illegal discharges and plan to do that again this year. Also,
stormwater give -a -ways incorporate and promote the illicit discharge hotline and
email address, have been distributed at various educational events and are
available at Town Hall. During the pandemic, the Town of Garner Animal Control
Officer distributed pet waste bags to dog owners in town that he had direct
interaction with in lieu of our canceled town events. As we review site plans,
we also evaluate potential illicit discharges and/or connections and discuss
them with the property owner. See Section 3-E. of the Town of Garner Stormwater
Program for Nitrogen Control for more information.
We also conduct training for town staff on detecting and reporting illicit
discharges on an annual basis.
Section X. Stormwater Management Program Report 12
Town of Garner - NPDES Stormwater Permit Application
7.3.11 Program Approach: Describe how you developed your program approach to
illicit discharge elimination. How did you choose your BMPs and your measurable
goals?
The Town of Garner Stormwater Program for Nitrogen Control was taken from the
model Neuse Stormwater Program for Nitrogen Control that was developed by the
State with input from other municipalities within the Neuse River Basin. As BMP
standards change with guidance from NCDEMLR/NCDEQ, we constantly update and
change our requirements to meet those of NCDEMLR/NCDEQ.
7.3.12 Measurable Goals: Explain how you will evaluate the success of your
program. What are the measurable goals for each BMP?
Ten percent of the town limits and ETJ is field screened every year beginning in
2003 and the entire jurisdiction has been completed. Although no illicit
connections or illegal discharges were found, the Town of Garner has continued
to investigate these areas in town on a yearly basis.
A database continues to be maintained for the Illicit Discharge Hotline/email
and calls to Town Hall, which includes the complaint and any action taken.
We will continue to contact local businesses that, by the nature of their
operation, have the potential to be a likely source of illegal discharges.
Maintain the Illegal Discharge Ordinance that is used to enforce the program.
Continue to develop and maintain the stormwater outfall maps in accordance with
the Town of Garner Stormwater Program for Nitrogen Control.
Continue to train and educate all Public Works employees as well as Engineering
Department employees on illicit discharge detection and elimination practices.
7.4 Construction Site Stormwater Runoff Control
Are you going to use the State Sediment and Erosion Control program to comply
with this minimum control measure? Yes.
If yes, who is responsible for the program in your community? Wake County
Provide contact information on the local program if it is delegated. If
another local jurisdiction provides this program for your community, attach the
interagency agreement that delineates responsibilities.
Resolution No. (1975) 378 is included as attachment 3.
7.5 Post Construction Stormwater Management in New Development and Re-
development
Do you currently have development standards that address stormwater management
on new or redevelopment projects that disturb more than one acre of property?
Yes.
Are your standards in an ordinance or other regulatory format that requires plan
reviews, long-term maintenance, and use of BMPs for water quality controls?
Yes.
Section X. Stormwater Management Program Report 13
Town of Garner - NPDES Stormwater Permit Application
Describe current program and how it meets the requirements of the Permit. How
does it address non-structural controls?
Section 2 of the Town of Garner Stormwater Program for Nitrogen Control
addresses new development review and approval. Plans are reviewed if they
disturb greater than 1 acre of land for single family, duplex residential
development or recreational facilities. For multifamily residential development
and commercial, industrial or institutional facilities, review is required if
they disturb greater than 0.5 acres of land. Plans are reviewed for riparian
buffers and nitrogen reduction. Either SCMs are installed to reduce nitrogen or
offset payments are made to applicable private mitigations banks. In the event
that there are no private mitigation credits available, payments are then made
to the North Carolina Division of Mitigation Services.
Also, there must be no net increase in peak flow leaving the site from
precievelopment conditions for the 1-year, 24-hour storm. On top of these
requirements, the Town of Garner also requires peak flow reduction for the 10-
year and 25-year storm and in some circumstances the 100 year storm. For
additional information see section 2-D of the Town of Garner Stormwater Program
for Nitrogen Control.
The Town of Garner Stormwater Program for Nitrogen Control also addresses non-
structural controls in sections 2-G and 2-H. The non-structural controls
include land use planning provisions and jurisdiction -wide and inter -local
approaches that could potentially be used for new development and re -development
activities.
The Town of Garner also addresses watershed water supply protection rules. Any
development that is located within the watershed water supply area that drains
to Lake Benson and is over 12% is required to implement a primary stormwater
control measure for 85% TSS removal. These SCMs can also be used to treat
nitrogen as listed above. Development is capped at 70% impervious surface with
stormwater control measures in the watershed water supply. If development is
located in the critical area, any development over 6% requires a primary
stormwater control measure to treat impervious surface.
How does it address structural controls?
Structural controls are used to reduce nitrogen export and for peak flow
attenuation. For residential development structural SCMs must be used to
achieve a nitrogen export of 6.0 lbs/ac/yr or less and for commercial/industrial
developments the nitrogen export must be no greater than 10.0 lbs/ac/yr. Once
these numbers are attained, structural SCMs can also be used to reach the 3.6
lbs/ac/yr limit as an alternative to the offset payment. Dry detention ponds
are most often used for peak flow attenuation on sites that pay the offset
payment instead of using SCMs for nitrogen control.
See Table 2b: SCM Types, TN Removal Rates and Design Standards in the Town of
Garner Stormwater Program for Nitrogen Control for more information.
Describe your maintenance program, including enforcement mechanism.
The maintenance of any SCM installed to achieve nitrogen loading and/or flow
attenuation requirements for a development shall be the responsibility of the
property owner or other identified responsible party. SCMs are inspected on an
annual basis by Town of Garner staff. The property owner/responsible party have
ninety days to correct all deficiencies and make all repairs. Failure to
Section X. Stormwater Management Program Report 14
Town of Garner - NPDES Stormwater Permit Application
satisfactorily complete the repairs will cause the SCM to be declared a nuisance
and abatement of the nuisance will proceed as provided for in the Garner Town
Code. In general, the Town of Garner has about an 90% compliance rate and has
brought SCMs into compliance with cooperating property owners. Staff works in
conjunction with these property owners to ensure maintenance is completed and
that the stormwater SCM is working as originally designed and approved. See
section 2-F and Appendix C of the Town of Garner Stormwater Program for Nitrogen
Control for additional information.
Describe your plan review process.
When the Town receives a plan, the parcel is first checked within the GIS system
to see if there are any water features on the property. If a water feature
shows up on GIS (based on the soils map) then it is checked to see if a buffered
stream feature is located on the plans. If no feature is shown on the plans,
then the property owner must provide documentation from the State that the water
feature does not exist and/or is not subject to a buffer.
The Town next reviews nitrogen calculations and enters them into an excel
spreadsheet. The nitrogen calculations are compared to the site plan and
checked for accuracy. The design for any SCM used for nitrogen reduction is
also checked for accuracy.
If this site is located within the watershed water supply area of town, the
amount of impervious surface on the plans is checked and ensured that any
development over 12% (6% for the critical area) is directed for treatment
through a primary SCM device. The cap of 70% for these areas is also checked
within the plans.
Peak flow attenuation is also checked as part of the review. Stormwater
detention calculations for the 1, 10, 25 and sometimes the 100 year storm events
are compared with the SCM design on the site plan and checked for accuracy.
Overall drainage of the site is checked and ensured to be in compliance with all
Town of Garner UDO requirements.
Of all your current practices and strategies, list the ones that will be used as
on -going BMPs under this permit.
All of the current practices and strategies will be maintained under this
permit. The Town of Garner ensures that all publically and privately owned SCMs
that are reviewed, implemented and maintained within the Town are in accordance
with the approved and most current NCDEQ Stormwater Best Practices/SCMs Manual
and the Minimum Design Criteria (MDCs).
Do you have requirements for structural BMPs to control stormwater on site for
new or redevelopment activities to control water quality? Yes.
Describe the regulatory mechanism, those controls and how they were selected?
The Town of Garner uses an ordinance as the regulatory mechanism, and the
controls were selected in conjunction with DEQ.
Do you have a regulatory mechanism to address post -construction controls for
water quality? Yes.
Describe the regulatory mechanism and why you chose that process.
Section X. Stormwater Management Program Report 15
Town of Garner - NPDES Stormwater Permit Application
As a Neuse NSW community, the Town of Garner must implement the Neuse Stormwater
Program for Nitrogen Control. The program currently addresses post -construction
controls for water quality for the town limits and the ETJ. The Neuse
Stormwater Program for Nitrogen Control is based on NPDES Phase II requirements.
If yes you have standards to control water quality, is long-term maintenance
required and how is it regulated? If no, describe how you will incorporate
maintenance requirements. If no long-term maintenance strategy is included in
your program, describe the process you will use to establish a long-term
maintenance strategy and the schedule you will follow.
Yes, long-term maintenance is required. The Town of Garner will continue to
annually inspect SCMs and require maintenance to be performed if the SCM is not
functioning properly. For privately owned SCMs, inspections are performed, and
the property owner is given ninety (90) days to provided necessary maintenance.
Publicly owned SCMs are on a quarterly contract and annually inspected for any
repairs that are necessary other than routine maintenance. These are then
budgeted for repair within the next fiscal year. See section 2-F of the Town of
Garner Stormwater Program for Nitrogen Control for information on how it is
regulated.
Describe the process you followed in determining your plan of action for this
minimum control measure.
The Town of Garner Stormwater Program for Nitrogen Control was taken from the
model Neuse Stormwater Program for Nitrogen Control that was developed by the
State with input from other municipalities within the Neuse River Basin. The
Neuse Stormwater Program for Nitrogen Control is based on NPDES Phase II
requirements.
What are your priority areas? Jurisdictional areas targeted for reduction in
nitrogen loading. Watershed water supply area is targeted for 85% Total
Suspended Solids removal.
What conditions exist in your community that are unique or require tailored
BMPs? All areas are subject to NSW and/or the watershed water supply.
Describe your measurable goals and evaluation process.
The Town has established and implemented an inspection program for SCM
maintenance, which will continue to be conducted on an annual basis. A database
was set up to track inspections and results.
Identify and track SCMs that require repairs or remedial work.
Engage Wake County regarding on -site wastewater treatment systems. Town of
Garner will work with Wake County to distribute educational material.
Maintain Stormwater Discharge Ordinance that is used to enforce the program.
We have implemented the approved Nutrient Management Plan for municipal
operations.
7.6 Pollution Prevention/Good Housekeeping for Municipal Operations
Section X. Stormwater Management Program Report 16
Town of Garner - NPDES Stormwater Permit Application
Is your community a certified Environmental Management System community?
Describe your program. No.
What are you currently doing that could be considered as BMP strategies under
the Permit? List measures and check to indicate that you are going to use these
to comply with the permit requirements.
Currently, there are procedures in place for cleaning up unexpected spills.
Also, the vehicle fueling area, vehicle maintenance area, and the equipment
storage areas are all covered to prevent contamination of stormwater. The Town
of Garner also performs regular street sweeping activities on all Town
maintained streets as well as some NCDOT roads and Town owned parking lots.
Storm drains are also cleaned out when reported as clogged.
List the municipal operations that will be impacted by this measure.
Vehicle maintenance and washing areas and equipment storage areas will be
impacted.
List the municipal operations that must have a separate Industrial NPDES permit.
Vehicle maintenance, fueling and repair facility for transportation vehicles
(public transit, ambulances, school buses, dump trucks, garbage haulers, parks
vans for special activities such as programs for the elderly, boat maintenance).
Drainage system maintenance: Describe your procedures for controlling floatable
and other pollutants from the drainage system. If you do not have a plan, how
will you address this in your permit?
Our street sweeper operates approximately 150 days per year. We spend about
2,500 man hours per year picking up litter off of Town ROW.
Describe your procedures for maintenance of the drainage system including
inspection of the system. If you do not have a plan, how will you address this
in your permit?
Drains are cleaned as needed or identified during routine operations. After
each rain event of approximately 1" or more, approximately 68 locations
throughout town are checked for blockage and function.
Describe controls for reducing pollutants from parking lots, storage yards,
waste transfer stations, outdoor storage areas at vehicle maintenance shops,
salt storage and snow disposal areas. If you do not have a plan, how will you
address this in your permit?
All material and equipment storage areas and vehicle maintenance areas are
covered. The vehicle washing area is covered and drains to the oil/water
separator on site and to add secondary containment for an oil storage container
adjacent to the building. There are also procedures in place to clean up any
unexpected oil spills that occur outside of the vehicle maintenance area,
including around the vehicle fueling area.
Describe your procedures for the proper disposal of waste removed from your
drainage system? If you do not have a plan, how will you address this in your
permit?
Section X. Stormwater Management Program Report 17
Town of Garner - NPDES Stormwater Permit Application
Any waste removed from the drainage system is temporarily stored on the Public
Works site until it can be removed and disposed of at the landfill.
What are your procedures to incorporate water quality controls within flood
management projects? If you do not currently consider this in your program of
flood management, how will you address this in your permit?
We do not currently have any flood management projects. It is our understanding
that water quality controls within flood management projects would be in -stream
and therefore discouraged by the State.
Describe how you developed your pollution prevention plan for this permit. What
important factors did you consider?
To develop our pollution prevention plan we looked at several areas at our
existing facility where we could potentially improve pollution prevention. We
also chose BMPs to implement based on requirements of the industrial permit that
we are also required to submit for our vehicle maintenance facility.
What are your measurable goals and how will you evaluate them?
Continue to inspect vehicle washing and fueling operations to ensure they are in
good working order twice a year (spring and fall) and that they minimize
exposure of stormwater to chemicals, fuels, and other liquids. Continue to
report on findings.
Continue to annually inspect all materials storage facilities to determine
priority for reducing exposure to stormwater. Continue to report on sites
inspected and actions taken.
Evaluate spill response program for in-house activities as well as community
response and adjust as needed to ensure highest potential for minimizing impacts
on stormwater. Implement any recommended changes and report on findings and
strategies.
Continue to evaluate used oil recycling program for equipment and vehicle
maintenance program within organization. Implement any recommended changes and
report results.
Continue requiring licensure of employees that spray pesticides and other
chemicals. Report on number of employees trained and what subjects were
covered.
Continue to train and educate all Public Works
practices, spill response procedures, illicit
prevention items as well as SCM maintenance.
employees on good housekeeping
discharges and pollution
Section X. Stormwater Management Program Report 18
1. Pul lic Education BMP Summary Table
tfTOMM
1 Public Education Action Plan
2 I stormwater Pollution Hotline
3 i stormwater Website
Measurable Goals
Continue to implement Public Education Action Plan
from Town of Garner St'orrnwater Program for Nitrogen
Control (Section 5-B). The Public Education Action Plan
consists of completing at least two of the activities from
each of the two categories listed in Table 5a annually.
In lieu of these activities Garner, in cooperation with
other affected local governments, may choose to use
effective major media advertising. Garner has
committed to participate in the Clean Water Education
Partnership, which is a cooperative effort between local
governments (including Garner) and the Triangle J
Council of Governments (TJCOG) to use effective major
media advertising to reach the public. The partnership
includes IN, spots, radio spots, a website, and handout
materials. Report annually on progress of campaign.
Summarize activities chosen to meet requirements in
each annual report. _ --
_Continue Continue to implement existing stormwater pollution
hotline. Publicize the hotline through the website and
additional to be determined methods. Track the
number and type of issues as well as disposition of
calls. Report annually on data gathered and issues
Establish a stonnvater website with information on
stonnwater and illicit discharges including the hotline
number by Year 2.
YR i YR YR YR YR Responsible Position/Party
1 2 3 4 5 -----
X X X X X` Engineer
.,
X I X X X-1 X-- [ngineei
2. Public Involvement Program BMP Summary Table
1 ': Puhlic Hearing
BMP I Measurable Goals
The Public Hearing was held on February 18, 2003.
1kYIR
3--45
YR YR YRN/AA N/A N/A N/A
Responsible Position/Party
Engineer
Illicit Discharge Detection and Elimination BMP Summary Table
gMp
Measurable Goals
YR
YR
YR
YR
YR
Responsible Position/Party
1
2
3
4 i
5
I ngineer
1
Utilize stormwater pollution hotline
Maintain log of hotline calls and disposition. Note the
X
X
X
X
X
set Up under the Public Education
numbers that are related to illicit discharges and
Program for public reporting of
connections. Set up in Year 1 and report annually.
illicit discharges and connections.
>1
Engineer
2
Utilize chemical testing of outfall
Starting in Year 1, annually inspect 10% of town limits
X
X
X
X
discharges during dry weather.
and ETJ during dry weather conditions (i.e., hasn't
rained in 72 hours) and test flows found at discharge
points that cannot be determined visually or tracked to
the source. Create database of outfalls, inspection
date, chemical tests conducted, findings and follow up
procedures. See Figure 3a in Town of Garner Neuse
Stormwater Program for Nitrogen Control for
procedure. Report on number and actions taken in
each annual report.
I--- --
Engineer
3
Notify local businesses of illicit
Contact businesses within the Town that, by the nature
X
discharge ordinance.
of their operation, have the potential to be a likely
source of illicit discharges. Complete by Year 4 and
include a copy of the notification and list of business
owners in annual report.
�_— .--------------- --
-
4
—
�I—aintain Illegal Discharge
Maintain the Illegal Discharge Ordinance that is used to
X
X
X
X
X
ngrrreer
5
Ordinance
Stormwater Outfall Mapping
enforce this program.
Develop and maintain stormwater outfall maps in
X
X
X
X
X
-----
Engineer
accordance with Stormwater Program for Nitrogen
Control.
4. Construction Site Stormwater Runoff Controls BMP Summary Table
l"his portion will be implemented through our agreement with Wake County and the NCDENR NCGOI NPDES stormwater pennit.
Post Construction Site Management for New and Re -development activities BMP Summary Table
BMP
Measurable Goals
YR
YR
YR
YR I
YR
Responsible Position/Party
1
2
3
.4
5
1
X
X
X
X
X
Engineer
Implement standards and policies
Continue to implement Town of Garner Stormwater
on BMPs for the development of
Program for Nitrogen Control. Amend Ordinance No.
new properties or the
(2001) 3006 by March 10, 2.005 to include a low -density
redevelopment of properties of one
limit of 24% impervious for the balance of the town
acre or more including the
limits and E I that are currently not covered by the
following:
Water Supply Watershed Protection Program.
a. Protecting and
maintaining riparian
buffers.
b. Structural BMPs or
offset payments to
the NCDENR Wetland
Restoration Program.
C. Peak flow
attenuation.
2
Establish maintenance standards
Engineer
Continue to require Maintenance Agreement from new
X
X
X
X
X
and inspection program to ensure
development projects and redevelopment projects. In
that on -site controls continue to
Year i develop inspection program based on resources
serve designed functionality.
and manpower. Implement the program in Year 2
through 5, keeping a record of the inspections and
results. Maintain Nuisance Ordinance that gives penalty
for noncompliance. Report annually on program and
3
actions taken.
—
---
Engineer
Engage Wake County regarding on
_
Meet with Wake County to discuss on -site wastewater
X
site wastewater systems.
systems by March 10, 2005. Work with the county to
potentially distribute educational material in Garner
re ardin on -site_ wastewater astern management.
--
4
Stormwater Discharge Ordinance
Maintain Stormwater Discharge Ordinance that is used
X
X
X
X
X
Engineer
5
Nutrient Application Training
to enforce this program. for
Develop p a Nutrient Application Training Plan
I
X
X
--
Engineer
municipal operations by 2004 and implement by March
10, 2005.
G. Pollution Prevention/Good Housekeeping for Municipal Operations BMP Summary Table
BMP I
Measurable Goals
YR
YR
YR
YR
YR
Responsible Position/Party
1
2
3
4
?
----- _----
1
Annually inspect vehicle washing
Begin annual inspection by Year 4 and document
X
X
Engineer
and fueling operations to ensure
findings and actions taken to address any problems
that they are in good working order
identified. Report on findings in annual permit report.
and that they minimize exposure of
stormwater to chemicals, fuels, and
2
other liquids.
Inspect all materials storage
Initiate inspection of material storage facility in Year 4
—I
Engineer
X
X
facilities to determine priority for
and establish priorities for addressing issues identified.
reducing exposure to stormwater.
Address corrective activity in next fiscal year unless
high hazard was identified. Report on number and type
of sites inspected and actions taken in each annual
3
report.
E:"g°1''`'
Evaluate spill response program for
In Year 3 evaluate current spill response practices and
X
X
in-house activities as well as
determine if adjustments are needed to reduce the risk
community response and adjust as
of polluting bodies of water (streams, ponds, lakes,
needed to ensure highest potential
ocean). Implement potential recommended changes in
for nunimizing impacts on
Year 4 and report on findings and strategies in annual
_
4
stormwater. _
Evaluate used oil recycling program
reports.
Beginning in Year 3, evaluate existing or potential fora
X
—
X
----- -- - ----
Engineer
For equipment and vehicle
maintenance program within
new used oil -recycling program at the vehicle
maintenance facility. Implement new program or make
organization.
changes if necessary to existing program in Year 4.
Report annually on program, including amount recycled
5
Provide kraining to employees that
and adjustments made as needed.----
Continue requiring licensure of employees that spray
X
X
X
X
X
Fngineer
manage and apply chemicals for
control of dust, pests, vermin, and
pesticides. Ucensure requires that continuing
education be taken annually. Report on number of
weeds and/or are used to enhance
employees trained and subjects covered.
the growth or condition of public
urban landscape and recreation
facilities. Training will target the
safe and effective application,
storage, and disposal of chemicals
and fertilizers used.
�k'►'F:Kr:v
Assistant Town Manager —
Operations
vacant
Budget and Special
Proiects Officer
Mike Franks (contract)
Revised 6/28/21
Administration
Town Clerk
Stella Gibson
Deputy Town Clerk
Ashley Knotts
Town Manager Town Attorney
Rodney Dickerson Terri Jones
Communications
Manager
Rick Mercier
Communications
Specialist
Kyle Kettler
Assistant Town Manager —
Development Services
John Hodges
Human Resources
Director
BD Sechler
Human Resources
Analyst
Kimberly Storey
I
Engineering
Town Manager
Rodney Dickerson
Assistant Town Engineer —
Development Services
John Hodges
Town Engineer
Chris Johnson
Assistant Town Engineer
Leah Harrison
Stormwater Plan Review Engineering Construction Senior
Engineer Engineer Technician Inspectors Administrative
Jaclyn Stannard Branyun Bullard Craig Nix Bradley Cole Support Specialist
Nicholas Valletta NicoleAllamon
Revised 5/17/21
Parks and Grounds
Superintendent
Derek Walsh
Parks & Grounds Athletic & Grounds
Supervisor Supervisor
Jonathan Creech Zach Johanson
Public Works
Town Manager
Rodney Dickerson
Public Works Specialist
Ryan Pater
Streets Supervisor
Warren Griffis
Assistant Town
Manager - Operations
vacant
Director
Forrest Jones
Assistant Director
Tyson Langdon
Streets Superintendent
TL Bradley
Administrative
Support Specialists
Abi Rea
Vacant (supplemental)
Facilities Manager
Mark Hale
Right of Way Facilities Fleet Supervisor
Supervisor Supervisor 11 Woody Daniel
Leo Cuello Brad Williams
Lead Parks Public Works
Maintenance Workers Specialist Lead Public Works Lead Lead Parks
Chris Autry Joshua Young Equipment Specialist Equipment Maintenance
Calvin Williams Operators Kenneth Griffis Operator Worker
Lead Parks Travis McDonald Colton Swaim Corey Caddell
Parks Maintenance Maintenance Workers Lance Pontrelli Street
Workers Joe Anderson Maintenance Street Sweeper Parks
Michael Harper Jordan McMaken
Don Kpa Workers OperatoMaintenance Equipment r
Thomas Rand Operators Trey Williams David Seegert Worker
Parks Maintenance Josh Allen vacant Vicente Gomez
Workers Alonza Deans Colin Hassler
Park Rangers Tommy Hicks John Marks Mike Luberto
Wil Spence Y'Hah Siu Donovan Silver
Public Grounds
Revised 7/6/21 Maintenance Workers
Building
Senior Fleet
Maintenance
Mechanic
Technicians
Neal Hall
Hany Abdalla
Steven Barefoot
Fleet Mechanics
Bradley Lamm
Larry Edwards
Cesar Sanchez
Kerry Jackson
Attachment 3
STATE OF NORTH CAROLINA
COUNTY OF WAKE
INTERLOCAL AGREEMENT
BETWEEN
THE TOWN OF GARNER AND WAKE COUNTY
REGARDING ADMINISTRATION OF
EROSION AND SEDIMENTATION CONTROL ORDINANCE
This Interlocal Agreement (the "Agreement"), entered into this the';') day of
2018, by and between the TOWN OF GARNER, NORTH CAROLINA, being a
municipal corporation organized under the laws of North Carolina (hereinafter "Garner") and
WAKE COUNTY, NORTH CAROLINA, a public body politic and corporate of the State of North
Carolina (hereinafter "Wake"); collectively referred to herein as "the Parties",
WITNESSETH:
WHEREAS, construction site runoff controls are a minimum measure required by Garner's
National Pollutant Discharge Elimination System (NPDES) Phase II Stormwater Discharge Permit
issued by the North Carolina Department of Environment and Natural Resources; and
WHEREAS, the Wake County Erosion and Sedimentation Control Program complies with the
construction site runoff controls minimum measure, and
WHEREAS, Wake has long administered for Garner the provisions of Article 10, "Erosion and
Sedimentation Control" of the Wake County Unified Development Ordinance ("E&S Ordinance"
or "Ordinance") without benefit of a formal interlocal agreement; and
WHEREAS, Wake shall continue to administer in Garner's jurisdiction the E&S Ordinance;
and
WHEREAS, the parties pursuant to the authority of Chapter 160A-461 et seq. of the North
Carolina General Statutes and proper resolution by the governing body of Garner and the Wake
County Board of Commissioners are authorized to enter into this Agreement in order to pursue
the above stated goals.
NOW THEREFORE, for and in consideration of the premises and covenants contained in the
Agreement and the mutual benefits derived therefrom, the sufficiency of which is hereby
acknowledged, the Parties agree as follows:
Page 1 of 5
ARTICLE I
Purpose, Roles, & Responsibilities
1.01. Purpose: This Agreement shall define the terms under which Wake shall administer
and enforce in Garner's jurisdiction the E&S Ordinance, which is the same
Ordinance that is administered and enforced in Wake's jurisdiction.
1.02. Roles and Responsibilities of the Parties: From the "Effective Date" of this
Agreement (See Section 3.08)
(A) Wake shall:
I. Provide personnel, equipment, space, and resources needed to administer
the E&S Ordinance.
2. Administer the E&S Ordinance, including establishing and assigning all
duties of Wake employees necessary to administer the Ordinance, and do
so in a way that assures a common level of service for Garner and Wake.
3. Collect development and administrative fees from developers applying for
erosion and sediment control approval within Garner's jurisdiction. Such
fees shall be assessed in accordance with the then current fee schedule
adopted by the Wake County Board of Commissioners and shall be
retained by Wake to pay for the costs of personnel, equipment, space, and
resources needed to administer the Ordinance within Garner's jurisdiction.
4. Assess and collect in its discretion any civil penalties authorized by the
Ordinance. Any penalties collected shall be remitted to the N. C. Civil
Penalty and Forfeiture Fund in accordance with state law.
5. Communicate regularly with Garner to foster efficient and effective
administrative processes.
6. Develop with Garner a Work Plan that details the standard operating
procedures for communication, coordination, and implementation of the
erosion and sedimentation control program. The Work Plan shall be
reviewed and updated at least bi-annually.
7. Determine if the Ordinance meets the requirements set forth in (B)1
hereunder for the purpose of Wake's continued administration and
enforcement of the Ordinance under the terms of this Agreement.
(B) Garner shall:
I. So long as administration of this Ordinance by Wake is desired, enact and
abide by the Ordinance in its current form, or adopt by reference the
Ordinance in its current form and as it may be subsequently amended.
Nothing herein shall be construed to divest Garner of the discretion and
powers of its governing bodies; rather this provision defines the terms
under which Wake's administration of the Ordinance shall be practical and
efficient.
2. Consider in accordance with legal process any future amendments
necessary to keep the Ordinance up to date for the jurisdiction of Garner.
Garner is required to notify Wake's Water Quality Division Director in
Page 2 of 5
writing of any proposed or approved amendments to the Ordinance
specific to Garner as soon as practicable but in no event later than thirty
(30) days before the date such item appears on the Garner Town Council's
agenda.
3. Communicate regularly with Wake to foster efficient and effective
administrative processes.
4. Develop with Wake a Work Plan that details the standard operating
procedures for communication, coordination, and implementation of the
erosion and sedimentation control program. The Work Plan shall be
reviewed and updated at least bi-annually.
ARTICLE II
Term
2.01. The term of this Agreement shall be for a period of ten (10) fiscal years. The first year
hereunder shall commence on the date of the last signature hereto and shall run
through the end of the then current fiscal year, with successive years hereunder to
begin July 1 and end June 30. The agreement will terminate on June 30, 2028 unless
renewed by the parties as set forth herein.
2.02. The parties may renew this Agreement for successive periods of ten (10) years by the
written consent of both parties executed with the same formality herein.
2.03. Appropriations for the purposes established herein shall be established through the
normal budget and appropriations processes of Wake. Failure of the governing body
to adopt the budget ordinance or any capital project funding related to provision of
services hereunder prior to the commencement of a new fiscal year shall result in
termination of this Agreement effective for the next fiscal year with no requirement of
compliance with the notice provisions of Section 2.04.
2.04. In the event that either party in its sole discretion determines that the Garner
Ordinance no longer conforms with Section 1.02(B)1, herein, and either party
determines that as a result, administration and enforcement of the Garner Ordinance
is no longer feasible, then either party may terminate this Agreement within one
hundred eighty (180) days by giving notice as prescribed by Section 2.05 hereunder,
notwithstanding that the shorter time provision shall apply. At the execution of this
Agreement, the parties agree that the Garner Ordinance as written conforms with
Section 1.02(B)1. This section shall apply to changes or amendments to the
ordinance(s) made after the execution of this Agreement which either party may
deem non -conforming.
2.05. Wake and Garner shall each have the right to withdraw from this Agreement in its
entirety for any reason upon giving two hundred forty (240) days' notice to the other
party in writing and delivered to the other party as follows:
For Wake: Water Quality Division Director
PO Box 550
Raleigh, NC 27602
Page 3 of 5
For Garner: Town Engineer
900 71h Avenue
Garner, NC 27529-3796
The roles and responsibilities of each party shall terminate 240 days after notice is
given by the withdrawing party in accordance with this Agreement unless otherwise
agreed by the written consent of the parties executed with the same formality as the
foregoing document.
ARTICLE III
Miscellaneous
3.01. Governing Law: The Parties agree that North Carolina law shall govern this
Agreement.
3.02. Severability: If any provision of this Agreement shall be determined to be
unenforceable by a court of competent jurisdiction, such determination will not affect
any other provision of this Agreement.
3.03. Entire Agreement, Amendments: This Agreement constitutes the entire Agreement
between the Parties. This Agreement shall not be modified or amended except in a
writing signed by all Parties and executed with the same formality as the foregoing
document.
3.04. Liability of Officers and Agents: No officer, agent, or employee of any Party shall be
subject to any personal liability by reason of the execution of this Agreement or any
other documents related to the transactions contemplated hereby. Such officers,
agents, or employees shall be deemed to execute this Agreement in their official
capacities only, and not in their individual capacities. This section shall not relieve any
such officer, agent, or employee from the performance of any official duty provided by
law.
3.05. Counterparts: This Agreement may be executed in several counterparts, each of
which shall be an original. Alternatively, each Party may execute an original of this
Agreement and all individually executed originals shall constitute a single Interlocal
Agreement.
3.06. Assignment: No Party shall sell, transfer, assign, or subcontract any interest in or
obligation under this Agreement without the prior written consent of all of the Parties.
Page 4 of 5
3.07. No Creation of Agency: Wake and Garner agree that nothing herein shall be construed
to create an agency relationship between Wake and Garner or to mandate purchase
of insurance by Wake pursuant to N.C.G.S. 153A-435; or to waive Wake's defense of
governmental immunity from any cause of action alleged or brought against Wake for
any reason if otherwise available as a matter of law.
3.08. Effective Date of Agreement: The effective date of this Agreement shall be the date
upon which the Wake County Manager executes this agreement and the Wake County
Clerk attests to such execution. This date shall be reflected in the first paragraph of
this Interlocal Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their
corporate names by their duly authorized officers, all as of the date first above
written.
i
TOWN OF GARNER, NORTH CAROLINA
This in ment ' roved as to form and
l
By: 4A/t L� G ��Ltir�
c'
Ro'rinP- - 0 -iams, Mayor
William E. Anderson, Town Attorney
a.Esf:a [SEAL]
By��
Stella Gibson, Town Clerk
WA E COUNTY, NORTH CAROLINA
This instrument is approved as to form and
legal sufficiency. G
David Ellis, County Manager ='
co h°UI%;?ret� County Attorney
" �,;�
fir`, � �'�•:
i
�tYi -• �--'t ri+.
ATTEST:[SEAL-i,
' _;
•.
Denise Hogan, Count Jerk
`9B�F03B950000
Page 5 of 5
Attachment 4
Town of Garner
Stormwater Program
for Nitrogen Control
Q�
G,q
February 17, 2001
Table of Contents
1. Introduction 4
2. New Development
5
2-A.
Requirements in the Rule
5
2-13.
Protecting Riparian Areas on New Development
5
2-C.
Calculating N Export from New Development
6
2-D.
Calculating Peak Runoff Volume
11
2-E
BMPs for Reducing Nitrogen
12
2-F.
BMP Maintenance
13
2-G.
Land Use Planning Provisions
14
2-H.
Jurisdiction -Wide and Inter -Local Approaches
14
3. Illegal Discharges 16
3-A. Requirements in the Rule 16
3-13. Collecting Jurisdiction -Wide Information 17
3-C. Mapping and Field Screening in High Priority Areas 18
3-D. Identifying and Removing Illegal Discharges 23
3-E. Preventing Discharges and Establishing a Hotline 23
4. Retrofit Locations 24
4-A. Requirements in the Rule 24
4-13. Data Collection and Notification 24
4-C. Mapping Requirements 26
5. Public Education 27
5-A. Requirements in the Rule 27
5-13. Public Education Action Plan 27
6. Reporting Requirements
29
6-A. New Development Review/Approval
29
6-13. Illegal Discharges
29
6-C. Retrofit Locations
30
6-D. Public Education
30
z
Appendices
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Unified Development Ordinance
Neuse Buffer Rules
Town Code — Nuisance Ordinance
Ogden Report
Legal Authority for Illegal Connections
Illegal Connection Notice and Mailing List
Procedure for Computing Nitrogen Baseline and Net Change
1. Introduction
On December 11, 1997 the North Carolina Environmental Management Commission (EMC)
adopted permanent rules to support implementation of the Neuse River Nutrient Sensitive
Waters Management Strategy (Meuse NSW Strategy). The goal of the strategy is to achieve a
30 percent nitrogen reduction from each controllable and quantifiable source of nitrogen in the
basin. These sources are point source discharges associated with wastewater treatment plants
and nonpoint source discharges associated with agriculture operations and urban stormwater
runoff.
As a part of the rules fifteen local governments in the Neuse Basin, including the Town of
Garner, were required to implement local stormwater management plans aimed at achieving
the 30 percent nitrogen reduction goal as it relates to the nonpoint urban stormwater runoff
component.
In order to assist the local governments in developing these stormwater management plans the
North Carolina Division of Water Quality (DWQ) along with representatives from each of the
fifteen affected local governments developed a model stormwater management plan that could
serve as the basis for a local government's stormwater management plan. The stormwater
management plan for the Town of Garner closely follows the model plan. As such, some of
the components of the model plan are incorporated directly into Garner's local plan while
other components have been modified.
The rules require that four general elements must be addressed in the local government
stormwater management plan. These elements are as follows:
New Development Review/Approval
Illegal Discharges
Retrofit Location
Public Education
Within each element there are certain minimum requirements that must be addressed in order
to comply with the rules. Some of these requirements involve certain actions and programs
that must be undertaken by the Town of Garner. These requirements are addressed
specifically in this plan. Other requirements involve the legislation and enforcement of
development guidelines and land use regulations within the community. These requirements
are addressed generally within this plan and are accompanied with specific ordinances that
will be incorporated in the Town's Land Use Ordinance and/or Town Code.
2. New Development Review/Approval
2-A. Requirements in the Rule
The Neuse Stormwater Rule (15A NCAC 2B .0235) has certain broad requirements for new
development. These requirements are incorporated as a part of this plan and are as follows:
• New development shall comply with the requirements for protecting and
maintaining riparian buffers as specified in 15A NCAC 2B .0233.
The nutrient load contributed by new development activities is held at 3.6 pounds per
acre per year. This is equivalent to 70 percent of the estimated average nitrogen load
contributed by the non -urban areas in the Neuse River basin (as defined using 1995
LANDSAT data). The Environmental Management Commission may periodically
update the performance standard based on the availability of new scientific information.
Developers shall have the option of partially offsetting projected nitrogen loads by
funding wetland or riparian area restoration through the North Carolina Wetland
Restoration Program. However, the total nitrogen loading rate cannot exceed 6.0
pounds per acre per year for residential development or 10 pounds per acre per year
for non-residential development.
• Except in certain situations, stormwater detention will be required on new projects.
The design standard for detention will be based upon peak flow reduction to
predevelopment (existing) conditions for the 1 year, 10 year, and 25 year return
frequency storm events.
Section 253 of the Garner Land Use Ordinance requires that all new development comply
with the provisions of this plan. A copy of this ordinance is presented in Appendix A.
2-B. Protecting Riparian Areas on New Development
Riparian areas shall be protected on new developments in accordance with the Riparian
Buffer Rule (15A NCAC 2B .0233). The Riparian Buffer Rule requires that 50-foot
riparian buffers be maintained on all sides of intermittent and perennial streams, ponds,
lakes and estuaries in the Neuse River basin. The rule includes some uses that are
allowable within the riparian buffer and some that are allowable with mitigation. The table
of uses in 15A NCAC 2B .0233(6) lists those uses that are allowable in the
riparian buffer and is presented in Appendix B.
No new development shall be allowed within the first 50 feet adjacent to a waterbody that
is shown on either the USGS topographic map or the NRCS Soil Survey maps
unless the owner can show that the activity has been approved by DWQ. DWQ
approval may consist of the following:
• An Authorization Certificate that documents that DWQ has approved an allowable use
such as a road crossing or utility line. A detailed list of allowable uses is
included in the table of uses in 15A NCAC 2B .0233(6).
• An opinion from DWQ that vested rights have been established for the proposed
development activity.
• A letter from DWQ documenting that a variance has been approved for the
proposed development activity.
• A letter from DWQ documenting that, based upon a field stream
classification inspection, the USGS topographic map and the NRCS soil
survey maps are in error and an intermittent and perennial stream, pond,
or lake does not exist.
2-C. Calculating NExportfrom New Development
For the purposes of the Neuse Stormwater Management Plan, new development shall
be defined as to include the following:
• Any activity that disturbs greater than one acre of land in order to establish, expand or
modify a single family or duplex residential development or a recreational facility.
• Any activity that disturbs greater than one-half an acre of land in order to establish,
expand or modify a multifamily residential development or a commercial, industrial or
institutional facility.
• Existing impervious surfaces that will remain or are disturbed as a part of site
redevelopment or modification shall not be included when calculating land disturbance
area or nitrogen export.
New development shall NOT include agriculture, mining or forestry activities. Land
disturbance is defined as grubbing, stump removal and/or grading of existing pervious
areas.
Property owners that can demonstrate that they have vested rights as of March 9, 2001
will not be subject to the requirements for new development. Vested rights may be
based on at least one of the following criteria:
(a) substantial expenditures of resources (time, labor, money) based on a good faith
reliance upon having received a valid local government approval to proceed with
the project, or
(b) having an outstanding valid building permit in compliance with G.S. 153A-344.1 or
G.S. 160A-385.1, or
(c) having an approved site specific or phased development plan in compliance with
G.S. 153A-344.1 or G.S. 160A-385.1.
Projects that require a state permit, such as landfills, NPDES wastewater discharges,
land application of residuals and road construction activities shall be considered to have
vested rights if a state permit was issued prior to March 9, 2001.
The nitrogen export from each new development must be calculated. This export will
be calculated in pounds per acre per year (lbs/ac/yr). Model methodologies that will be
used to make this calculation are presented below; however, in certain cases a
development may propose an alternative methodology to calculate nitrogen export. The
alternative method may be used if it can be demonstrated to be equivalent and is
acceptable to the North Carolina Division of Water Quality.
• Method 1 is intended for residential developments where lots are shown but the actual
footprint of buildings are not known. This method does not require
calculation of the area of building footprints. Rather, the impervious surface resulting
from building footprints is estimated based on typical impervious areas associated with
a given lot size. This method is shown in Figure 2a.
• Method 2 is to be used for residential developments where the amount of built upon
areas can be accurately estimated and for all commercial and industrial developments.
Method 2 is shown in Figure 2b.
In commercial and industrial projects where the built upon areas are not shown on the site
plan (such as out parcels or commercial lot subdivisions) the amount and types of land
cover may be estimated. This estimate will be used to develop the total nitrogen export in
pounds per year. This calculated nitrogen export will become the maximum allowable
nitrogen export for the project and will become a condition of the site plan
and will be used to determine structural Best Management Practices (BMP)/fee
requirements. Build out of the project will not be allowed to occur in such a manner
that the total nitrogen export, based upon actual land types developed, exceeds the
maximum allowable nitrogen export determined as a part of the original site plan review.
For these commercial and industrial projects any required BMPs will be designed based
upon the overall project layout and not on an individual lot basis. Installation of BMPs
and/or payment of nitrogen offset fees would be required based upon actual development
as it occurs.
Figure 2a: Method 1 for Quantifying TN Export from Residential Developments when
Building and Driveway Footprints are Not Shown
Step 1: Determine area for each type of land use and enter in Column (2).
Step 2: Total the areas for each type of land use and enter at the bottom of Column (2).
Step 3: Determine the TN export coefficient associated with lots using Graph 1.
Step 4: Determine the TN export coefficient associated with right-of-way using Graph 2.
Step 5: Multiply the areas in Column (2) by the TN export coefficients in Column (3) and enter
in Column (4).
Step 6: Total the TN exports for each type of land use and enter at the bottom of Column (4).
Step 7: Determine the export coefficient for site by dividing the total TN export from uses at the
bottom of Column (4) by the total area at the bottom of Column (2).
(1)
1 (2)
(3)
(4)
Type of Land Cover
I Area
I TN export coeff.
I TN export from use
(acres)
(Ibs/ac/yr)
(Ibs/yr)
Permanently protected undisturbed
0.6
open space (forest, unmown meadow)
Permanently protected managed
1.2
open space (grass, landscaping, etc.)
Lots (read TN export from Graph 1)
Right-of-way (read TN export from
Graph 2)
TOTAL
Graph 1: Total Nitrogen Export from Lots
Total Nitrogen Export from Lots
12.00
10.00
8.00
r
O
a
C 6.00
0
a
x
W
Z
F
4.00
2.00
0.00
0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32
Number of Dwelling Units per Acre
Graph 2: Total Nitrogen Export from Pavement.
25.0
20.0
i.
a 15.0
4!
Yl
a_
c
0
C
a
x
W 10.0
Z
F
5.0
0.0 4-
0%
Total Nitrogen Export from Pavement
10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Percentage of Right -of -Way that is Pavement
i!�
Figure 2b: Method 2 for Quantifying TN Export from Residential Developments when
Footprints of all Impervious Surfaces can be estimated and for all
Industrial/Commercial Developments
Step 1: Determine area for each type of land use and enter in Column (2).
Step 2: Total the areas for each type of land use and enter at the bottom of Column (2).
Step 3: Multiply the areas in Column (2) by the TN export coefficients in Column (3) and enter
in Column (4).
Step 4: Total the TN exports for each type of land use and enter at the bottom of Column (4).
Step 5: Determine the export coefficient for site by dividing the total TN export from uses at the
bottom of Column (4) by the total area at the bottom of Column (2).
(1)
(2) T
(3)
(4)
Type of Land Cover
I Area
I TN export coeff.
I TN export from use
(acres)
(Ibs/ac/yr)
(Ibs/yr)
Permanently protected undisturbed
0.6
open space (forest, unmown meadow)
Permanently protected managed
open space (grass, landscaping, etc.)
12
Impervious surfaces (roads, parking
lots, driveways, roofs, paved storage
21.2
areas, etc.)
TOTAL
T
---
All new developments must achieve a nitrogen export of less than or equal to 3.6
pounds per acre per year. If the development contributes greater than 3.6 Ibs/ac/yr of
nitrogen, then the options shown in Table 2a are available based on whether the
development is residential or non-residential.
Table 2a: Nitrogen Export Reduction Options
Residential
Commercial / Industrial
If the computed export is less than 6.0 Ibs/ac/yr,
If the computed export is less than 10.0 Ibs/ac/yr,
then the owner may either:
then the owner may either:
1. Install BMPs to remove enough nitrogen to
1. Install BMPs to remove enough nitrogen to
bring the development down to 3.6 Ibs/ac/yr.
bring the development down to 3.6 Ibs/ac/yr.
2. Pay a one-time offset payment of $330/lb to
2. Pay a one-time offset payment of $330/lb to
bring the nitrogen down to the 3.6 Ibs/ac/yr.
bring the nitrogen down to the 3.6 Ibs/ac/yr.
3. Do a combination of BMPs and offset
3. Do a combination of BMPs and offset
payment to achieve a 3.6 Ibs/ac/yr export.
payment to achieve a 3.6 Ibs/ac/yr export.
10
If the computed export is greater than 6.0 If the computed export is greater than 10.0
Ibs/ac/yr, then the owner must use on -site BMPs Ibs/ac/yr, then the owner must use on -site BMPs
to bring the development's export down to 6.0 to bring the development's export down to 10.0
Ibs/ac/yr. Then, the owner may use one of the Ibs/ac/yr. Then, the owner may use one of the
three options above to achieve the reduction three options above to achieve the reduction
between 6.0 and 3.6 Ibs/ac/yr. between 10.0 and 3.6 Ibs/ac/yr.
The offset payment mentioned in Table 2a shall be paid to the Wetlands Restoration
Program (WRP). The WRP will utilize these fees in accordance with the WRPs
Basinwide Wetlands and Riparian Restoration plans. It is the policy of the WRP to utilize
the funds where they are generated to the maximum extent possible as long as
they can obtain the cooperation of the local government. Written acknowledgement by
WRP that the fee has been paid must be received by the Town of Garner prior to
recording the final plat for subdivision or prior to issuance of a Certificate -of -Occupancy
for site plans.
2-D. Calculating Peak Runoff Volume
The Neuse Stormwater Rule requires there be no net increase in peak flow leaving the site
from the predevelopment conditions for the I -year, 24-hour storm. The Town of Garner
also requires peak flow reduction for the 10-year and 25-year storm.
Acceptable methodologies for computing the pre- and post -development conditions for
the 1-year, 24-hour storm include:
• The Rational Method.
• The Peak Discharge Method as described in USDA Soil Conservation Services
Technical Release Number 55 (TR-55).
The same method must be used for both the pre- and post -development conditions.
Impact design data for the rainfall depth and intensities are as follows:
1 yr — 24 hr storm depth (TR-55) 3.00 inches
1 yr — 6 hr storm depth (Malcolm) 2.1 inches
1 year intensity I = g/(h + t)
where: I = intensity in inches/hour
t = time of concentration in minutes
g = 104
h=18
E
Design of any detention devices required to reduce post development peak flow shall
use the design method contained in Elements of Urban Stormwater Design (Malcolm).
The peak flow control requirement is not required for developments that meet any of
the following conditions:
The increase in peak flow between pre- and post -development conditions does not
exceed ten percent (note that this exemption makes it easier to conduct redevelopment
activities).
The proposed new development meets all of the following criteria: overall impervious
surface is less than fifteen percent, and the remaining pervious portions
of the site are utilized to the maximum extent practical to convey and control the
stormwater runoff.
It can be demonstrated that detention will increase local flooding problems
downstream. In addition detention for the 10-year and 25-year storm will not be
required when it can be demonstrated that the increase in total peak flow at local
flood prone areas downstream will increase only an insignificant (less than 2.0
percent) amount.
2-E. BMPs for Reducing Nitrogen
Designing best management practices that remove nitrogen from stormwater is a
developing field. Researchers throughout the country, particularly in the Southeast, are
conducting studies to determine effective means of controlling nitrogen. At the present
time, current data indicate that most BMPs remove only 20 to 40 percent of total
nitrogen on a consistent basis. All BMPs require regular maintenance and some have
varying performance depending on soil type and the season. It is crucial to consider the
issues of aesthetics, long-term maintenance, safety and reliability in BMP design.
The BMPs which may be utilized for reducing nitrogen from new developments, along
with their associated nitrogen removal rates and design standards, are shown in Table 2b.
The BMPs are arranged in order of preference by the Town, with the top BMP
being most desirable and the bottom being least desirable.
12
Table 2b: BMP Types, TN Removal Rates and Design Standards
BMP Type
TN Removal Rate
based on Current
Literature Studies
Appropriate Design Standards
Riparian buffers
30%
Neuse Riparian Buffer Rule (15A NCAC 2B
.0233)
Vegetated filter strips with
level spreader
20%
NC and MD Design Manuals and other
literature information
Open channel practices
30%
NC and MD Design Manuals
Bioretention
25%
NC and MD Design Manuals
Constructed wetlands
40%
NC and MD Design Manuals
Sand Filters
35%
NC and MD Design Manuals
Retention ponds
25%
NC and MD Design Manuals
Proprietary BMPs
Varies
Per manufacturer subject to DWQ approval
Other BMPs
Varies
Subject to DWQ approval
If more than one BMP is installed in series on a development, then the removal rate
shall be determined through serial rather than additive calculations. For example, if a
retention pond discharges through a riparian buffer, then the removal rate shall be
estimated to be 47.5 percent. (The pond removes 25 percent of the nitrogen and
discharges 75 percent to the buffer. The buffer then removes 30 percent of the
nitrogen that discharged from the pond, which is 22.5 percent. The sum of 25 and
22.5 is 47.5. The removal rate is NOT 25 percent plus 30 percent.)
2-F. BMP Maintenance
The maintenance of any BMP installed to achieve nitrogen loading and/or flow attenuation
requirements for a development shall be the responsibility of the property owner or other
identified responsible party. In the case of residential or commercial subdivisions Home
Owners Association or Merchants Association must be established
in order to identify the responsible party.
BMPs will be inspected by the Town on an annual basis. A list of any deficiencies or
repairs needed will be forwarded to the property owner/responsible party. The
property owner/responsible party shall have ninety (90) days to correct all deficiencies and
make all repairs to the satisfaction of the Town Engineer. Failure to satisfactorily
complete the repairs within the ninety days will cause the BMP to be declared a
nuisance as provided for in Section 6-17 of the Garner Town Code. Abatement of the
nuisance will proceed as provided for in Chapter 6, Article II of the Gamer Town
Code. A copy of this article is presented in Appendix C.
13
2-G. Land Use Planning Provisions
As a part of the Neuse NSW strategy local governments are encouraged to consider
planning techniques which allow developers to reduce impervious surface. Under the
model stormwater program the fifteen affected jurisdictions are required to review their
local ordinances and address certain specific planning techniques and evaluate the general
advantages and disadvantages of incorporating these techniques into the Land Use
Ordinance. The specific techniques and approaches are as follows:
• Reducing road width
• Reducing minimum parking requirements
• Minimizing use of curb and gutter
• Use of cluster or open space developments
• Use of traditional neighborhood developments
• Use of mixed -use development
The Town of Garner has recently begun a project to re -write the entire Land Use
Ordinance. These efforts will be undertaken by a land planning consultant along with
assistance from Town of Garner staff. The specific techniques and approaches listed
above will be evaluated as a part of the Land Use Ordinance re -write. It is Garner's intent
to also look at other approaches that can be incorporated into the ordinance to encourage
less impervious surface and more natural open space. It is anticipated that
the Land Use Ordinance re -write will be completed by the fall of 2001.
2-H. Jurisdiction -Wide and Inter -Local Approaches
The Neuse Stormwater Rule allows local governments to implement jurisdiction -wide
or inter -local approaches to achieving nitrogen reduction. Garner's Stormwater
Program for Nitrogen Control incorporates two specific jurisdiction -wide approaches.
The first approach is to allow "land banking" within the Town's jurisdiction. The
second specific approach is to credit future development with the nitrogen removal that
will occur as a part of the required retention pond construction associated with the
Water Supply Watershed Protection Program already in existence.
The "land banking" approach will allow developments to use offsite lands that would have
a low nitrogen export value to be combined with the development in order to
reduce the nitrogen export value per acre for the combined project. For example, a
project may consist of ten acres with a computed nitrogen export value of nine
pounds/acre/year. In order to lower the export value a five acre tract of forested land,
located in a more remote area, with an existing nitrogen export value of 1.7
14
pounds/acre/year is included as a part of the project. The nitrogen export value of the
combined project is now computed to be 6.6 pounds/acre/year ([10 ac x 9 Ibs/ac/yr + 5 ac
x 1.7 lbs/ac/yr] _ [10 ac + 5 ac] = 6.6 lbs/ac/yr). In order to use the "land banking"'
approach the development must meet the following conditions:
• The "land banked" parcel must be within the Town's planning jurisdiction.
• The "land banked" parcel must have significant water quality value, such as being
contiguous to an existing flood plain, wetland or riparian area.
• The "land banked" parcel must be secured in a permanent conservation easement
which prohibits farming, unapproved logging practices, or development of any
kind.
• The site plan for the development will clearly state that a "land banked" parcel is
part of the development project. A map of the "land banked" parcel along with
the deed book and page number of the recorded conservation easement will be
included as a part of the site plan package.
• Nitrogen export values to be used for the "land banked" parcels will be 1.7
lbs/ac/yr for forest land and wetlands and 4.4 Ibs/ac/yr for pasture land.
As a part of the Water Supply Watershed Protection Program the Town of Garner is
going to build a regional retention pond to provide for 85% total suspended solids
(TSS) removal within the part of Town designated as the `Regional Retention Pond
Service Area.' In addition to TSS removal this pond will also provide some removal of
nitrogen. This nitrogen reduction will be credited to those projects which are located
within the `Regional Retention Pond Service Area' that are not required to have on -site
85% TSS removal BMPs. Based upon the study originally prepared by Ogden
Environmental and Energy Services for the Water Supply Watershed Protection
Program and additional study by Ogden projects within the Regional Retention Pond
District will be able to reduce the calculated nitrogen export loading by 1.3 — 2.0 Ibs/ac/yr,
depending on which regional pond is constructed. Until a specific site is selected the
smaller (1.3) nitrogen credit will be used. A summary of Ogden's study
with results is shown in Appendix D of this plan.
At the present time Garner has no specific plans with regards to any potential inter -local
approach to achieve nitrogen reduction; however, the Town does desire that inter -local
approaches be available for future consideration should a viable opportunity arise.
15
3. Illegal Discharges
3-A. Requirements in the Rule
The Town of Garner will establish a program to prevent, identify and remove illegal
discharges as required by the Neuse Stor nwater Rule. Illegal discharges are flows in the
stormwater collection system that are not associated with stormwater runoff or an
allowable discharge. Allowable discharges are shown below in Table 3a. Discharges that are
not allowed are shown in Table 3b.
Table 3a: Discharges that may be allowable to the stormwater collection system
Waterline Flushing
Landscape Irrigation
Diverted Stream Flows
Uncontaminated Rising
Uncontaminated Ground
Uncontaminated Pumped
Ground Water
Water Infiltration to stormwater
Ground Water
collection system
Discharges from potable
Foundation Drains
Uncontaminated Air
water sources
Conditioning Condensation
Irrigation Water
Springs
Water from Crawl Space
Pumps
Footing Drains
Lawn Watering
Non-commercial Car Washing
Flows from Riparian Habitats
NPDES permitted discharges
Street wash water
and Wetlands
Fire Fighting Emergency
Wash Water from the Cleaning
Dechlorinated backwash and
Activities
of Buildings
draining associated with
swimming pools
Table 3b: Types of Discharges that are not allowed to stormwater collection system
Dumping of oil, anti -freeze,
Commercial Car Wash
Industrial Discharges
paint, cleaning fluids
Contaminated Foundation
Cooling water unless no
Washwaters from commercial
Drains
chemicals added and has
/ industrial activities
NPDES permit
Sanitary Sewer Discharges
Septic Tank Discharges
Washing Machine Discharges
Chlorinated backwash and
draining associated with
swimming pools
16
The legal authority for identifying, prohibiting, and removal of discharges not allowed to the
stormwater collection system is contained in Chapter 17, Article VI of the Garner
Town Code and is presented in Appendix E of this document.
3-B. Collecting Jurisdiction -Wide Information
In order to effectively implement an illegal discharge program the Town of Garner will
collect and map certain geographical information. As required by the Neuse Stormwater
Rule this information will be collected at three levels of detail on a specified time
schedule. The levels along with associated time schedules are presented below. Also,
these tasks and their implementation schedules are summarized in Table 3c.
• The first, most cursory level is information that shall be collected for the entire jurisdiction
and the associated requirements for this level are discussed in this section. The collection
of this information will be completed by the time the second annual
report is due in October 2002.
The second level is a more detailed mapping and screening for high priority areas
within the jurisdiction. This detailed mapping and screening will begin in 2003 and
will continue each year thereafter. The associated requirements are discussed in
Section 3-C.
• The third level is a very detailed investigation that will be done upon the discovery of
an illegal discharge. The timetable for this element goes hand in hand with the field
screening effort. The associated requirements are discussed in Section 3-13.
Table 3c: Implementation Schedule and Annual Reporting Requirements
Year
Implementation Requirements
Annual Report Requirements
By February 2001
0 Establish legal authority to
. Submit report identifying established
address illegal discharges
legal authority to meet requirements.
By October 2002
a Collect jurisdiction -wide
• Report on completion of jurisdiction -
information.
wide information collection.
• Select high priority area for
. Submit map of high priority areas
additional screening.
and reason for selection.
• Initiate illegal discharge hotline.
. Report on initiation of illegal
discharge hotline.
Each subsequent
• Complete mapping and field
• Submit map of stormwater collection
year after 2002
screening for high priority area.
system in high priority area upon
• Select next high priority area.
request by DWQ.
• Identify and remove illegal
• Document illegal discharges found
discharges as encountered.
and resulting action.
• Continue operating illegal
. Report on hotline usage and actions
discharge hotline.
taken.
• Submit map of next high priority area
and reason for selection.
17
For the first level of data collection Garner will compile maps that show the information
presented below. It is Garner's intent that all of this information will ultimately be on the
Town's GIS system and, as such, can be displayed on one single map. However, in the
short term some of this data may be displayed on existing maps that cannot be digitally
reproduced. These maps will not be at a scale greater than 1:24,000. The GIS maps can be
reproduced at any scale.
• Location of sanitary sewers in areas of the major stormwater collection systems and the
location of areas that are not served by sanitary sewers.
• Waters that appear on the USDA B Natural Resources Conservation Service Soil
Survey Maps and the U.S. Geological Survey 1:24,000 scale topographic maps.
• Existing land uses. Categories to be presented are: undeveloped, residential,
commercial, agriculture, industrial, institutional, and publicly owned open space.
• Currently operating and known closed municipal landfills and other treatment, storage,
and disposal facilities, including for hazardous materials.
• Major stormwater structural controls.
• Known NPDES permitted discharges to the stormwater collection system.
Written descriptions will be provided for the map components as follows:
• A summary table of municipal waste facilities that includes the names of the facilities, the
status (open/closed), the types, and addresses.
• A summary table of the NPDES permitted dischargers that include the name of the permit
holder, the address of the facility and permit number.
• A summary table of the major structural stormwater control structures that shows the type
of structure, area served, party responsible for maintaining, and age of structure.
• A summary table of publicly owned open space that identifies size, location, and
primary function of each open area.
3-C. Mapping and Field Screening in High Priority Areas
Beginning in 2003 Garner will identify a high priority area of its jurisdiction for more detailed
mapping and field screening. This high priority area will comprise at least ten percent of the
corporate limits and ETJ. Currently Garner's planning jurisdiction is just under 30 square
miles in area. Each subsequent year another high priority area, comprised of at least ten
percent of the corporate limits and ETJ, will be selected for field screening. Selection of the
18
high priority areas will be based upon several factors. It is anticipated that the manpower
requirements will be greater within the more densely developed corporate limits than in the
less populated ETJ area. As such, in order to distribute manpower requirements more
evenly, it is anticipated that about one half of the area to be screened each year will be within
the corporate limits and the other half will be out in the ETJ. This ratio may be subject to
change if during the mapping and data collection phase it is discovered that more attention
needs to be focused on either the corporate limits area or the ETJ area. In order to promote
an orderly and systematic field screening program it is not recommended that field screening
be conducted all over the jurisdiction at the same time. Accordingly, each year's screening
program will try to concentrate on specific drainage basins. It is also anticipated that the
likelihood of illegal discharges occurring are greater in developments that were built prior to
the installation of the sanitary sewer collection system. As such, within the corporate limits,
the older parts of Town will likely be good candidates for early screening.
It should be recognized that the criteria for selecting high priority areas has been based
upon certain assumptions. Once the field screening is underway it is possible that some of
these assumptions are proven to be incorrect. It is also possible that it is discovered that
some additional criteria needs to be considered when selecting the screening areas. As
such, the selection process identified above may be subject to change.
The first part of the screening process for the selected high priority area will be to map the
stormwater system. The map that is produced will include the following:
• Locations of the outfalls of any pipes from non -industrial areas that are greater than or
equal to 36 inches.
• Locations of the outfalls of any pipes from industrial areas that are greater than or
equal to 12 inches.
• Locations of drainage ditches that drain more than 50 acres of non -industrial lands.
• Locations of drainage ditches that drain more than 2 acres of industrial land.
• An accompanying summary table listing the outfalls that meet the above criteria that
includes outfall ID numbers, location, primary and supplemental classification of
receiving water, and use -support of receiving water.
The second part of the screening process for the selected high priority area is conducting a
dry weather field screening of all outfalls that meet the above criteria to detect illegal
discharges. The dry weather field screening will not be conducted during or within 72
hours following a rain event of 0.1 inches or greater. In addition, in residential areas
field screening will be conducted prior to 9:00 AM or after 5:00 PM. It is during these
time periods when residents are most likely to be home and thus any illegal discharges are
more likely to be evident.
19
Figure 3a illustrates the process that will be used for conducting field screening sampling
activities and following up with any findings of dry weather flow. As shown in the
figure, if the field screening shows that an outfall is dry, then the outfall will be checked
for intermittent flow at a later date.
If the field screening shows that an outfall has a dry weather flow that is not allowable
(see Table 3b), then a screening report for the outfall will be completed. Prior to
implementing the field screening portion of the program in 2003 a screening report form will
be developed. This form will be designed to allow the information presented in Table 3d to
be recorded. It is also proposed that this form will be linked to the Town's GIS system so
that queries of the information can be made and the geographical location of all illegal
discharges can be visually displayed. Screening reports, along with the associated
documentation described in the following section, will be kept on file for a minimum of
five years.
Table 3d: Field Screening Report Information
General Information
Sheet Number
Outfall ID Number
Date
Time
Date, Time and Quantity of Last Rainfall Event
Field Site Description
Location
Type of Outfall
Dominant Watershed Land Use(s)
Visual Observations
Photograph
Deposits/Stains
Odor
Vegetation Condition
Color
Structural Condition
Clarity
Biological
Floatables
Flow Estimation
Sampling Analysis *
Temperature
Nitrogen-Nitrate/Nitrite
pH
Fluoride or Chlorine
Nitrogen -Ammonia
Analytical monitoring is required only if an obvious source of the dry weather flow
cannot be determined through an investigation of the upstream stormwater collection
system.
Outfalls with flow will be screened again within 24 hours for the above parameters.
Figure 3a: Field Screening Process
20
No flow
Screen outfall in high priority area Check for signs of intermittent flow *
Flow found
Inspect and sample flow
Investigate source of flow, considering
the following:
• Jurisdiction -wide information collected
• Field investigation of drainage area of
outfall
• Sampling data
• Qualitative observations -- sheen, odor,
turbidity, etc.
Non-allowablelDischarge (Table 3b)
Remove illegal discharge
Flow found I No flow
Outfall OK
Allowable Discharge (Table 3a)
Outfall OK
" Checking for intermittent flow includes rechecking outfall at a later date as well as visual
observations for evidence of intermittent flow.
Note: Analytical monitoring is required only if an obvious source of the dry weather flow
cannot be determined through an investigation of the upstream stormwater collection
system.
91
The purpose of the field screening is to provide clues as to the source of the illegal
discharge. The characterization will be used in conjunction with the jurisdiction -wide
information and a field investigation to identify the source of the illegal discharge. The
process of identifying and removing illegal discharges is discussed in the next section.
3-D. Identifying and Removing Illegal Discharges
After the field screening is complete, appropriate measures will be taken to identify and
remove illegal discharges. Identifying illegal discharges may require a combination of office
and field work. After the field screening has identified that an illegal discharge
may be occurring the jurisdiction -wide information developed in Section 3-13 will be
reviewed to help identify potential sources of the discharge. After potential sources have
been identified a systematic field investigation will be undertaken to try to identify the actual
source of the illegal discharge. Several field methods which may be used to
identify illegal discharges are as follows:
• Site Investigation
• Additional Chemical Analysis (recommend testing for fecal coliform if the ammonia
concentration was found to exceed 1.0 mg/L)
• Flow Monitoring (recommended to use multiple site visits rather than a depth indicator)
• Dye Testing (fluorescent dye is recommended)
Documentation of the results of the office and field investigations will be kept on file with the
screening report.
Once the source of an illegal discharge is identified, enforcement action will be
undertaken to have the source removed. The enforcement action process along with
remedies to deal with cases of non-compliance are contained in Chapter 17, Article VI of
the Garner Town Code and are presented in Appendix E of this document. Records of all
compliance action will be kept with the screening report.
In addition to maintaining all screening reports on file the screening reports will be used
to develop and maintain a map that includes the following information.
22
• Points of identified illegal discharges.
• Watershed boundaries of the outfalls where illegal discharges have been identified.
• An accompanying table that summarizes the illegal discharges that have been identified
that includes location, a description of pollutant(s) identified, and removal status.
3-E. Preventing Discharges and Establishing a Hotline
In an effort to aid with the prevention and removal of illegal discharges the Town will contact
businesses within the Town that, by the nature of their operation, have the
potential to be a likely source of illegal discharges. A listing of the types of businesses
that will be contacted along with a sample notification that may be used to inform owners and
operators about the requirements of the illegal discharge program is presented in Appendix F.
The Neuse Stormwater Rules also require the Town to establish a hotline for reporting
suspected illegal discharges. Due to the way the Town's telephone system is currently
configured it is anticipated that a separate line with a designated phone number will be set up.
Callers will phone in to an answering machine and a prerecorded message will
provide them with instructions. If the illegal discharge is perceived to be an emergency
the caller will be instructed to call the general Town Hall phone number during regular
business hours or the existing Public Works emergency number after business hours and
on weekends.
23
4. Retrofit Locations
4-A. Requirements in the Rule
In order to comply with the Neuse Stormwater Rules, Garner will establish a program to
identify places within existing developed areas that are suitable for retrofits.
Retrofit opportunities will be considered acceptable if all of the following conditions
have been investigated:
• The retrofit, if implemented, clearly has the potential to reduce nitrogen loading to the
receiving water.
• The watershed is clearly contributing nitrogen loading above background levels.
• The landowner where the retrofit is proposed is willing to consider allowing the retrofit to
be installed on his property.
• There is adequate space and access for the retrofit.
• It is technically practical to install a retrofit at that location.
Based upon our current population (less than 30,000) Garner must identify a minimum of
two (2) retrofit sites each year. Sites may be carried over to meet the minimum requirement
for up to two additional years provided that BMPs/retrofits have not been implemented and
the site continues to meet the criteria above on an annual basis.
4-B. Data Collection and Notification
Each retrofit opportunity that is identified will be accompanied by information to describe
the location of the retrofit, the type of retrofit being proposed, the property owner, as well as
basic information about the watershed and the receiving water. A summary of the basic
information to be provided with each retrofit opportunity is shown in Table 4a.
The retrofit opportunities identified will be submitted to the Division of Water Quality on
October 30 of each year, beginning in 2001, as part of the annual report.
The Division will take the responsibility for posting these retrofit opportunities on its Web
Page and also for notifying, at a minimum, the following organizations of the opportunities
for retrofitting within existing developed areas:
24
• Clean Water Management Trust Fund
• N.C. State University Cooperative Extension Service
• Triangle J Council of Governments
• Kerr -Tar Council of Governments
• Eastern Carolina Council of Governments
• Environmental programs at N.C. State University, Duke University, University of
N.C., East Carolina University and others
• N.C. Sea Grant
• USDA B Natural Resources Conservation Service
• Upper Neuse Basin Association
• Lower Neuse Basin Association
• N.C. Wetlands Restoration Program
Table 4a: Retrofit Oonortunity Table
Location description, including directions from a
major highway
Type and description of retrofit opportunity
Current property owner
Is the property owner willing to cooperate?
Land area available for retrofit (sq. ft)
Accessibility to retrofit site
Drainage area size (acres)
Land use in drainage area (percent of each type
of land use)
Average slope in drainage area (%)
Environmentally sensitive areas in drainage area
(steep slopes, wetlands, riparian buffers,
endangered/ threatened species habitat)
Approximate annual nitrogen loading from
drainage area (Ibs/acre/year) "
Potential nitrogen reduction (Ibs/ac/yr)
Estimated cost of retrofit
Receiving water
DWQ classification of receiving water
Use support rating for receiving water
Other important information
" Suggested methodology: Use Figure 2b from Chapter 2 to compute nitrogen export from the
drainage area based on the amount of impervious surface, landscaped area and forested area in
the watershed.
25
4-C. Mapping Requirements
The Town of Garner will develop and maintain a map that shows the locations of retrofit
opportunities. The following information will be shown on the maps.
• Drainage area to retrofit opportunity site.
• Land uses within the drainage area.
• Location of retrofit opportunity.
• Property boundaries in the vicinity of the retrofit opportunity.
• Significant hydrography (as depicted on U.S.G.S. topographic maps and USDA-NRCS
Soil Survey maps).
• Roads.
• Environmentally sensitive areas (steep slopes, wetlands, riparian buffers, endangered/
threatened species habitat B where available).
• Publicly owned parks, recreational areas, and other open lands.
26
5. Public Education
5-A. Requirements in the Rule
The Neuse Stormwater Rule requires that a Public Education Action Plan be developed and
administered as a part of Garner's plan. The purpose of this education program is to address
nitrogen loading issues.
5-B. Public Education Action Plan
The Education Action Plan must consist of at least two of the activities from each of the two
categories listed in Table 5a. These activities will be designed to raise awareness and
educate the audience about water quality, nonpoint source pollution, and the effects of everyday
activities on water quality and nutrient loading. In lieu of these activities Garner,
in cooperation with other affected local governments, may choose to use effective major
media advertising to satisfy the public education requirements. In addition to these
activities, two technical workshops will be conducted in the first year and a toll free hotline
for reporting illegal discharges will be established.
Table 5a: Public Education Action Plan Categories
Category 1
Category 2
Demonstration Sites (for Best Management Practices)
Fact Sheets
"Adopt -a -Program"
Environmental Freebies
Quarterly local newspaper articles
Fertilizer Tags
Storm drain marking
Flyers
Recognition Program (recognize environment friendly
participants)
Postmarks
Web page
Utility bills inserts
Local Cable TV program
Close-out Packages (new homeowners)
Toll free hotline for reporting environmental problems
Speak to civic organizations quarterly
Environmental field day
Technical Workshop (only applicable after 1 St year)
Environmental Contest
As previously mentioned, during the first year of program implementation, Garner is
required to conduct two (2) technical workshops. One shall be designed to educate local
government officials and staff and the other for the development community, including:
engineers, developers, architects, contractors, surveyors, planners, and realtors. During
subsequent years, technical workshops are considered an option under Category 2 activities.
Hopefully these workshops can be developed and conducted jointly with the other triangle
communities affected by this rule.
27
As with the workshops, Gamer would like to work with other affected communities to share
and make use of existing education resources and to jointly conduct some of the education
efforts. It is felt that working together will provide a more consistent education effort for
communities of all sizes, will be an efficient use of resources, and will reduce duplication of
efforts.
6. Reporting Requirements
28
An annual Neuse River Basin Stormwater Program report is required to be submitted to the
Division of Water Quality by October 30 of each year beginning in 2001. A summary of the
information that will be included in the report is presented below.
6-A. New Development Review/Approval
A summary of the new development that has occurred in the previous year will be submitted as
part of the annual report. The information on new development to be reported is presented
below:
• Acres of new development and impervious surface based on plan approvals.
• Summary of BMPs implemented and use of offset fees.
• Computed baseline and net change in nitrogen export from new development that year.
(see Appendix G)
• Summary of maintenance activities conducted on BMPs.
• Summary of any BMP failures and how they were handled.
• Summary of results from jurisdictional review of planning issues.
6-B. Illegal Discharges
Table 6a outlines the annual reporting requirements for illegal discharges.
Table 6a: Implementation Schedule and Annual Reporting Requirements
Year
Implementation Requirements
Annual Report Requirements
By February 2001
. Establish legal authority to
• Submit report identifying
address illegal discharges.
established legal authority to meet
requirements.
By October 2002
Collect jurisdiction -wide
0 Report on completion of
information.
jurisdiction -wide information
• Select high priority area for
collection.
additional screening.
• Submit map of high priority areas
• Initiate illegal discharge hotline.
and reason for selection.
• Report on initiation of illegal
discharge hotline.
29
Each subsequent Complete mapping and field
year after 2002 screening for high priority area.
• Select next high priority area.
• Identify and remove illegal
discharges as encountered.
• Continue operating illegal
discharge hotline.
6-C. Retrofit Locations
• Submit map of stormwater
collection system in high priority
area upon request by DWQ.
• Document illegal discharges found
and resulting action.
• Report on hotline usage and
actions taken.
• Submit map of next high priority
area and reason for selection.
• Data on each retrofit opportunity (Table 4a or other equivalent format)
• Maps of potential retrofit sites as specified in Section 4-C, and
• The status of any retrofit efforts that have been undertaken within the jurisdiction.
6-D. Public Education
The Report will summarize the next years Action Plan and evaluate the implementation of the
previous years Action Plan (if applicable). The report should include goals, activities completed,
realized education program costs, explanation of experienced shortfalls and a plan as to how the
Town will address shortfalls.
30
DocuSign Envelope ID: 8EIBFCD9-2345-4191-A60D-6F290C119D6D
Attachment 5
Membership Agreement for
Clean Water Education Partnership (CWEP) Services
Provided by the Triangle J Council of Governments
This Memorandum of Understanding by and between the undersigned local government (Local
Government) and the Triangle J Council of Governments (TJCOG) pertains to the services
provided by TJCOG under the Clean Water Education Partnership (CWEP) program.
WITNESSETH:
WHEREAS, CWEP and local government stormwater programs have the same basic mission of
providing stormwater outreach and education; and
WHEREAS, CWEP is a program administered by TJCOG that has excelled in providing direct
education and mass media to its wide variety of partner communities;
NOW, THEREFORE, TJCOG, via CWEP, will prepare and make available to the Local
Government the following direct education and mass media items:
1. CWEP will assist the Local Government with the following education/outreach tasks during
the term of this MOU related to direct educational programming:
a. Provide physical and digital outreach materials for local governments and target
audiences that describe target pollutants and their likely sources and impacts on
water quality
b. Maintain an internet website conveying the CWEP program's messages about
stormwater pollution
c. Make available for download via website outreach materials for target audiences,
and distribute materials at in -person or digital community events
d. Post on social media channels to promote CWEP's key messages
e. Provide unlimited local use and access to original and compiled educational
materials on CWEP program website, to include educational videos, printable and
digital lessons, lesson plans, and other resources useful for educating a variety of
ages and audiences in various settings
Coordinate annually with stormwater staff and/or relevant educational contacts (as
requested by the Local Government) to schedule and conduct stormwater education
activities that correlate with NC Essential Science Standards or provide opportunities
for citizen participation which may include stream cleanups, citizen science activities,
or similar efforts. CWEP will coordinate with the CWEP local government
representative prior to contacting any formal educators in the member jurisdiction.
g. Provide mechanisms on CWEP program website for public input on
stormwater issues
DocuSign Envelope ID: 8E16FCD9-2345-4191-A60D-6F290C119D6D
2. CWEP will assist the Local Government with the following mass media programming:
1) Coordinate an annual outreach campaign in the form of Public Service Announcements
(PSAs) administered by local service providers, which includes the following:
a. Six animated videos about common target pollutants, their likely sources, their
negative impact on water quality, and best practices for target audiences likely to
have significant stormwater impacts
b. Static and animated banner ads stating the program's message of "Clean Water
Begins with You and Me" with a link to the program website
c. Approximately 12 weeks (as market costs allow) of digital pre -roll videos and
display in -banner advertising
d. Approximately 12 weeks (as market costs allow) of television, cable, and radio
PSAs, spread across popular stations with the aim of reaching a variety of target
audiences, including Spanish -language listeners, network news, and cable
entertainment. CWEP will make an effort to ensure that media reach adequately
covers member's jurisdictions. Additional stations and programs may be
proposed by local media placement companies and approved collectively by
members.
e. Print and digital advertising in Spanish -language newspaper
2) Provide outreach materials for target audiences that describe target pollutants and their
likely sources and impacts on water quality
3) Provide unlimited local use and access of digital media materials for Partner
jurisdictions' use in public buildings, parks, DMV locations, outdoor movies, etc.
4) Promote regional outreach and education events (such as Creek Week) through CWEP
website and social media platforms
Local Governments may use the tasks above to help comply with NPDES MS4 stormwater
education requirements, Jordan Lake Rules and/or Neuse and Tar -Pamlico nutrient strategy
education requirements. The Local Government's signature on this MOU (and MS4 permit
number if applicable) signifies an understanding that any one of the items listed above may only
partially fulfill its education requirements during an audit from NC DEQ. Accordingly, the Local
Government acknowledges that it is ultimately responsible for meeting all federal and state
laws, rules and regulations related thereto. The Local Government and CWEP share
responsibility for determining how specific objectives can be cooperatively achieved, with the
understanding that CWEP supplements local efforts to comply with regulatory requirements.
The Local Government is highly encouraged to send one or more representatives to CWEP's
quarterly steering committee meetings to collaborate on strategies. CWEP will make every
reasonable attempt, as permitted by available staffing and supplies, to independently and
proactively address the objectives in the Local Government's community, and will update the
CWEP Local Government representative each quarter to offer opportunities for discussion and
collaboration.
The Local Government agrees to pay TJCOG for the services provided herein based on a fee
schedule adopted by TJCOG, voted on by CWEP Local Governments, and incorporated herein
by reference. The period of performance under, and the term of, this MOU will begin on July 1,
DocuSign Envelope ID: 8E1BFCD9-2345-4191-A60D-6F290C119D6D
2021 and will conclude on June 30, 2022. The Local Government reserves the unilateral right to
terminate this MOU for cause or convenience (in the case of cause, immediately, and in the case
of convenience, upon thirty (30) calendar days' written notice), whereupon CWEP and TJCOG
will only be entitled to prorated compensation for services properly rendered up to the date of
termination.
CWEP will provide an annual report by August 31 after fiscal year end, with local and regional
outreach and education numbers for both mass media and direct education. Interim numbers
can be provided as needed.
IN WITNESS WHEREOF, both the Local Government and TJCOG have caused this MOU to be
executed by their chief executive officers, all as of the day and year first above written.
Town of Garner
City/Town Name
Rodney Dickerson
NC5000420
MS4 Permit Number
Town Manager
Signatory Print Name Title
F DocuSigned by:
�iC�ct,Y'Sbin,
�ac�aa
Signature
TRIANGLE J COUNCIL OF GOVERNMENTS
DocuSigned by:
L7
3/2/2021
Date Signed
3/3/2021
Executive Director, TJCOG Date
GARNER TIMES
Post Office Box 787
Carrier, North Carolina 27529
NORTH CAROLINA,
WAKE COUNTY
L�rylr�rG.-_L_ �" (�n.�c.'at GUI-he,e.-)C
ofthe Garner Times, a newspaper published in Wake County North Carolina, first
being duly sworn, say that the attached advertisement of A!ciltr
was published in the Garner Times once a week for ��'��'� (times)
starting rllyt,ili-..1., '51k 2011Z-
Signal e
Sworn to and subscribed before me
this day 20-C&.
a
Notary Public
LEGAL NOTICE
NOTICE Of P JBLIC
HEARING
The public will lake notice that
the Board of Aldermen of the Town
of Garner has tailed a public
hoofing at 7:30 P.M. on February
18, 2003 at the Town Hall to receive
public comments and input
regarding submission of the
National Pollutant Discharge
Eliminalion System (NPDES) Phase
It application. Small municipal
$$permit alorm sewer systems or
MS/s art required to apply tot the
NPDES Phase II permit by Match
10, 2003. The permit requires the
municipality to implement a storm
water management plan that
includes the lollowing sis
measures' public education and
out roach on storm -water impacts,
public involvement and
participation, illicit discharge
detection and elimination, con-
struction file slormwater runoll
control, pool -construction slorm-
vraler management in new de-
velopment andiidevilopmont, ind
pollution prevsnfion/good
housekeeping for municipal
operations-.
All interested cilizens are en-
couraged to attend will have on
opportunity to present oral or wilt -
ton comments. Handicapped per-
sons needing assistance or aids
should contact the Clark's office
prior to the meeting.
Garner Town Hill
GT M 215103
My Commission Expires:
m
A
J
Attachment 7
RESOLUTION No. (2003) 1769
AUTHORIZATION TO SUBMIT NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PHASE
II PERMIT APPLICATION AND STORMWATER MANAGEMENT PLAN
WHEREAS, The United States Congress passed the Clean Water Act in
1972 and amended said Act in 1987 to address controls for pollution carried by
stormwater;
WHEREAS, The Environmental Protection Agency (EPA) was authorized to
define and proscribe a program of measures to improve the quality of water in
our national and state streams, rivers and water bodies under the National
Pollutant Discharge Elimination System (NPDES) and promulgated Phase II rules
on December 9, 1999 affecting communities and institutions under 100,000
population;
WHEREAS, the State of North Carolina is delegated by EPA to establish a
regulatory program for NPDES Phase II and has established rules and
regulations as required;
WHEREAS, the Town of Garner has been notified of and is legally
designated to comply with the NPDES Phase II regulations as established by EPA
and the State, requiring the submittal of a permit application and stormwater
management plan:
WHEREAS, the regulations require designation of the legally responsible
party and authorization for submittal of the application and stormwater
management plan; and
WHEREAS, the Town of Garner supports the goals and objectives of the
regulatory program to provide a safe and healthy environment for all its
citizens;
NOW THEREFORE, the Town of Garner Board of Aldermen on this 18" day of
February in 2003, is hereby resolved to the following:
1. The Town Manager shall sign and submit on behalf of the Town of Garner,
no later than March 10, 2003, the necessary documentation for compliance with
the NPDES Phase II program requirements as established by the State; and
2. The Town Manager shall carry out all necessary strategies and
requirements as set forth in the stormwater management plan developed and
submitted as required by the NPDES Phase II regulations, to ensure compliance
on behalf of the Town of Garner.
t
Duly adopted this 18`h day of Fi
ATTEST:
T N CLERK