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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 * * 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 10 13 13 13 16 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