20081817 Ver 1_Individual_20081210

—r�Kirnley+1orn
and Associates, Inc.
December 9, 2008
Mr. James Shern
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Ms. Cyndi Karoly
NC Division of Water Quality
2321 Crabtree Blvd.
Raleigh, North Carolina 27602
Em@R-OwrM B
DEC 1 0 2008
DW • WATER OUAUTY
WETLANDS AND STONWATER MAMA
■
P.0 Box 33068
Raleigh, North Carolina
27636-3068
2 0 0 8 1 8 1 7
Re: Northeast Judd Parkway Extension, Town of Fuquay-Varina
Nationwide Permit #14 Application Submittal
Wake County, North Carolina
Dear Mr. Shern and Ms. Karoly:
On behalf of The Town of Fuquay-Varina, Kimley-Horn and Associates, Inc. is
submitting the enclosed Preconstruction Notification Application for
authorization to construct the above reference project under Nationwide Permit
Number 14 and General Water Quality Certification Number 3704.
The proposed project includes the construction of the Northeast Judd Parkway
extension, located in the Fuquay-Varina, Wake County, North Carolina. The
project corridor is approximately 8,600 feet in length, and will result in
permanent impacts to 349 linear feet of stream channel and the loss of 0.70 acre
of wetland. Additionally, 0.22 acre of isolated wetland will be lost as a result of
the project, along with 38,605 square feet of Neuse River Buffer.
Mitigation is proposed at a 2:1 ratio for all stream and buffer impacts through the
purchase of credits from the Forrest Creek Mitigation Bank. Impacts to USACE-
regulated wetlands will be mitigated by payment into the North Carolina
Ecosystem Enhancement Program (NCEEP) at a 2:1 ratio. Please note that the
wetland mitigation has been broken down into riparian wetlands (0.31 acres of
impact) vs. non -riparian wetlands (0.39 acres of impact), as determined during
the August, 2007 meeting and reflected in the confirmation from NCEEP.
Confirmation letters from both the NCEEP and the Forrest Creek Mitigation
Bank are enclosed.
■
TEL [phone]
FAX [phone]

Kimley-Horn
and Associates. Inc.
The following information is included with this submittal:
• Project Summary Sheet
• Preconstruction Notification Form
• PCN Attachments:
Attachment A
— Permit Maps and Figures
Attachment B
— Agent Authorization Form
Attachment C
— NCDWQ Neuse Buffer Confirmation Letter
Attachment D
— NCEEP and Forrest Creek Mitigation Bank Approvals
Attachment E —
Qualitative Cumulative Impact Statement
Attachment F
— Fuquay-Varina Town Policy for Stormwater Management
and Draft Stormwater Ordinance
If there is any additional information you need to assist in the processing of this
application, please do not hesitate to contact me at [phone].
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Todd J. Tugwell
Environmental Scientist
Enclosures
Cc: Mr. Jay Meyers, Public Utilities Director

C1= © Kimley-Horn
M and Associates, Inc. project Summary Sheet
Project Name: Northeast Judd Parkway Extension
Applicant Name and Address: Town of Fuquay-Varina
Jay Meyers, Public Utilities Director
401 Old Honeycutt Road
Fuquay-Varina, North Carolina, 27526
Telephone: [phone] Fag: 919-552-7481 Email: jmeyers#fuquay-varina.org
Type of Request: ® Nationwide PCN (NWP #: 14 GC#: 3704 ) ❑ Individual Permit Application
❑ Jurisdictional Determination ❑ Other:
Included Attachments: ® Project Plans ® USGS Map ® NRCS Soil Survey
® Agent Authorization ❑ Delineation Sketch ® Delineation Survey
❑ Data Forms (Up & Wet) ❑ NCDWQ Stream Forms ❑ USACE Stream Forms
® NCEEP Confirmation ® Aerial Photo ❑ Site Photos
❑ Agency Correspondence ❑ USACE JD Form ❑ Other:
Check if applicable: ❑ CAMA County ❑ Trout County ® Isolated Waters
❑ Section 7, ESA ❑ Section 106, NHPA ❑ EFH
❑ Mitigation Proposed (® NCEEP ® Bank ❑ On -Site ❑ Off -Site ❑ Other)
County: Wake
Waterway: Terrible Creek
H.U.C.:03020201
Nearest City/Town: Fuquay Varina
River Basin: Neuse
USGS Quad Name: Fuquay Varina
Property Size (acres): 20.0 Approx. Size of Jurisdiction on Site (acres): 1.0
Site Coordinates (decimal degrees) - Longitude: 35.6030 °N Latitude: -78.7859 °W
Project Location: The project corridor is approximately 8,600 feet in length, beginning at the existing western terminus of
Judd Parkway, located approximately 800 feet east of NC 55. The corridor crosses Stewart Street (SR 1401), and turns
south, It ends at the existing eastern terminus of Judd Parkway, located approximately 600 feet north of E. Broad Street, in
Fuquay-Varina, Wake County, North Carolina.
Site Description: The project site is primarily in young to mature forest cover, with some portions in agricultural fields.
Impact Summary (if applicable): The project has six separate crossings, with impacts resulting from the excavation,
grading, and the placement of fill, including culverts and riprap.
Total Loss of Waters of the U.S.: (acres): 0.70 Total Loss of Perennial and/or Important Stream: 349
Impact Table
Impact
NWP/GC
Open Water
Impact (ac)
Wetland
Impact (ac)
Tem .
if ac
Stream Channel Im act
Perm. Intermittent Mitigation
if I ac lor Perennial Ratio
Buffer Impact
(ftp)
Zone 1 Zone 2
Temp. Perm.
Temp. Perm.
1 (Fig 3-4 )
14/3704
0 0
0 0.05
0
0
0
0
NA
NA
NA NA
2 (Fig 5-6 )
14/3704
0 0
0 0.22
0
0
0
0
NA
NA
NA NA
3 (Fig 7-8 )
14/3704
0 0
0 0.31
0
0
206
0.03
Perennial
2:1
14,849 9,009
4 (Fig 9-10)
14/3704
0 0
0 0
0
0
143
0.02
Perennial
2:1
9,038 5,709
5 (Fig 11-12)
14/3704
0 0
0 0.12
0
0
0
0
NA
NA
NA NA
6 Isolated (Sht 13-14)1
3704
0 0
0 0.22
0
0
0
0
NA
NA
NA NA
Total without Isolated Wetland
0 0
0 0.70
0
0
349
0.05
23,887 14,718
Total with Isolated Wetland
0.92
Kimley-Horn Contact: Todd Tugffell
■
P.0 Box 33068
Raleigh, North Carolina
27636-3068
Direct Number: 919-677-2104
Email: todd.tugwell(dkimley-horn.com
■
TEL [phone]
FAX [phone]

Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
L Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
❑ Section 10 Permit ® Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ❑ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested
Nationwide Permit 14
If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ❑
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ❑
II. Applicant Information
1. Owner/Applicant Information
Name: Town of Fuquay-Varina
Attn: Jav Mevers_ Public Utilities Director
Mailing Address: 401 Old Honeycutt road
Fuquay-Varina, NC 27526
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: jmeyersgfuquay-varina.org
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Kimley-Horn and Associates, Inc.
Attn: Todd Tugwell
Mailing Address: Post Office Box 33068
Raleigh, NC 27636-3068
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: todd.tugwellgkimley-horn.com

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17 -inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Northeast Judd Parkway Extension
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN):
4. Location
County: Wake Nearest Town: Fuquay-Varina
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.): The project corridor is
approximately 8,600 feet in length, beginning at the existing western terminus of Judd
Parkway, located approximately 800 feet east of NC 55. The corridor crosses Stewart Street
(SR 1401), and turns south, It ends at the existing eastern terminus of Judd Parkway, located
approximately 600 feet north of E. Broad Street, in Fuquay-Varina, Wake County, North
Carolina.
Site coordinates (For linear projects, such as a road or utility line,
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum):
Impact 1 - 35.6039 °N -78.7985
Impact 2 - 35.6034 °N -78.7936
Impact 3 -
Impact 4 -
Impact 5 -
attach a sheet that
ow
ow
35.6030 °N -78.7859 °W
35.6021 ON -78.7836 °W
35.6006 ON -78.7815 °W
Impact 6 - 35.5979 °N -78.7798 °W
6. Property size (acres): +/- 20
7. Name of nearest receiving body of water: Terrible Creek

8. River Basin: Neuse. 03020201 HUC
(Note — this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The project corridor is located north and east of downtown
Fuquay-Varina. The corridor begins at the existing terminus of Judd Parkway located to the
east of NC 55. At this point the corridor runs along the north side of an existing residential
subdivision until it reaches Stewart Street (SR 1401). Several small areas of mixed
hardwoods and agricultural fields in this section of the project, but the primary land use is
planted pine and recently cutover land that is in young woody vegetation, as shown on the
attached aerial photograph. This stretch of the project corridor contains two wetland areas
that drain to the north into a tributary to Terrible Creek, which roughly parallels the project
corridor to the north.
From Stewart Street, the corridor runs to the east, along the southern side of an existing
apartment complex. The route then bends to the south, continuing until it connects to an
existing terminus of Judd Parkway located east of a commercial development, north of E.
Broad Street. This section of the project is contains a mix of agricultural land, planted timber
and mixed hardwoods. There are three wetland areas, including one isolated wetland, and
two streams in this section of the project.
The jurisdictional areas located in the project corridor occur in the hardwood areas of the
project. The land use surrounding the project is dominated by residential developments with
parcels of undeveloped land located between the developments. There are also commercial
and industrial land uses located to the south of the project.
10. Describe the overall project in detail, including the type of equipment to be used: The
project consists of the construction of a new, two land highway along the 8,600 -foot project
corridor. The first step will be to install approved erosion control measures prior to or
concurrently with land clearing activities. The route will be cleared using forestry
equipment, tractors, excavators, dump trucks, scrapers, graders, etc. Road construction will
then require that the grade be established with both cut and fill. Jurisdictional areas will be
prepared by excavating unusable soils, installing or constructing culverts, and placingfi11 to
the required grade. Specific construction activities associated with each crossing are detailed
in Section VI.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to provide
a transportation corridor between the existing ends of Judd Parkway. As stated in the
Fuquay-Varina Community Transportation Plan "Main Street is currently a four -lane section
with a two-way continuous left turn lane from Ennis to NC 55. This roadway runs through
the heart of Fuquay-Varina and as a result carries a large portion of the thru traffic. Future
forecasts have this roadway operating at acceptable levels of service, mainly because of the
completion of Judd Parkway and the Western Parkway, which will remove much of the
traffic congestion." The new corridor will provide an alternate traffic route that will reduce
traffic volume that currently moves through downtown Fuquay-Varina. Currently, the
junction of NC Highway 55, US Highway 401 and NC Highway 42 occurs in downtown
Fuquay-Varina. This junction results in confusing and congested traffic patterns, particularly

when combined with the railway crossings that occur in the same area. The proposed project
will provide a loop to the north of town that will allow traffic to avoid this congested area.
Construction of Judd Parkway is currently proposed as a two-lane highway. It is possible
that the road may be expanded to four lanes in the future, depending on future traffic volume
and additional development that occurs in the vicinity of the road. At this time, the Town
does not have traffic projections that justify the construction of a four -lane highway. Not
only would constructing this road with four lanes result in substantial added expense, but it
would not be possible to demonstrate avoidance and minimization of the added impacts to
streams and wetlands associated with the wider road based on the current traffic volume. The
Town or developers of adjacent parcels may propose to widen the road in the future
depending on future predicted traffic volumes. The Community Transportation Plan
currently recommends upgrading the road to four lanes at some point in the future.
Additionallyy, the plan shows the future construction of an additional section of Judd Parkway
located to the southwest of town. The currently_ proposed section of Judd Parkway has
independent utility and will function as an important traffic corridor regardless of whether
the final section is ever built.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. A jurisdictional determination for this project was conducted by
Environmental Services, Inc. in 2007. Surveys of the wetlands were prepared by McKim &
Creed, and provided to the USACE in September, 2007. A USACE review of the wetland and
stream limits was conducted on August 28, 2007. Isolated wetland determination were made
during this visit as well. NCDWQ provided a Neuse buffer determination for the streams located
on this project on dated June 22, 2007 (NBRRO # 07-125), included as Attachment C.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
This application covers all proposed activities. There are no plans to add additional lanes to the
road at this time. Future increases in traffic volume and/or additional development in the vicinity
of the road may result in future requests to add lanes to the road, but this will occur as a separate
application following future coordination with the permitting agencies.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
4

listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: See figures in Attachment A.
Impact 1 (Sheets 3-4) — This impact will occur to the head of a wetland that drains to the north
toward Terrible Creek. The impact includes the crossing of a non -riparian wetland area, with a
total impact of 0.05 acre. An 18 -inch reinforced concrete pipe (RCP) will be installed to card
drainage from the road surface downstream. Impacts include excavation and the placement of
fill and riprap at the culvert outlet.
Impact 2 Sheets 5-6) — This impact will occur to the head of a wetland that drains to the north
toward Terrible Creek. The impact includes the crossing of a non -riparian wetland area, with a
total impact of 0.22 acre. An 18 -inch RCP will be installed to carry drainage from the road
surface downstream. Impacts include excavation and the placement of fill and riprap at the
Impact 3 (Sheets 7-8) — This impact occurs to a perennial tributary of Terrible Creek and
adjacent wetlands. The impact totals 206 linear feet of channel and 0.31 acre of riparian
wetland. Twin 10' x 6' reinforced concrete box culverts (RCBC) will be installed to carry the
stream flows. Impacts to the Neuse buffer include 14,849 square feet to Zone 1 and 8,849 square
feet to Zone 2. During construction of the culverts, a diversion channel will be constructed to
carry the stream flow, as depicted on the attached plans. Impacts include excavation and the
placement of fill, including construction of the culvert, and placement riprap. Both sides of this
crossing can be accessed, so no temporary stream crossing will be required.
Impact 4 (Sheets 9-10) — This impact occurs to a perennial tributary of Terrible Creek. The
impact totals 143 linear feet of channel. Impacts to the Neuse buffer include 9,038 square feet to
Zone 1 and 5,709 square feet to Zone 2. A single 10' x 9' reinforced concrete box culvert
(RCBC) will be installed to carry the stream flows. During construction of the culvert, a
diversion channel will be constructed to carry the stream flow, as depicted on the attached plans.
A temporary crossing will be installed for access, along with an 48 -inch culvert to carry flows to
the diversion channel. The crossing will be placed within the area to be disturbed by the
permanent crossing. Impacts include excavation and the placement of fill, including construction
of the culvert, and placement riprap.
Impact 5 Sheets 11-12) — This impact will occur to the head of a wetland that drains to the
north toward Terrible Creek. The impact includes the crossing of a non -riparian wetland area,
with a total impact of 0.12 acre. A 48 -inch RCP will be installed to carry drainage from one side
of the wetland area to the other. A temporary crossing will be installed for access. The crossing
will be placed within the area to be disturbed by the permanent crossing. Impacts include
excavation and the placement of fill and riprap at the culvert outlet.
Impact 6 Sheets 13-14) — This impact will occur to the head of an isolated, non -riparian
wetland area, with a total impact of 0.22 acre. A temporary crossing will be installed for access,
5

along with a 24 -inch RCP. The crossing will be placed within the area to be disturbed by the
permanent crossing. Impacts include excavation and the placement of fill and riprap at the
culvert outlet.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list imDacts due to both structure and flooding.
Wetland Impact
Name Watele)
Type of Wetland
Located within
Distance to
Area of
Site Number
Type of Impact
(e.g., forested, marsh,
100 -year
Nearest
Impact
(indicate on map)
Impact
herbaceous, bog, etc.)
Floodplain
Stream
(acres)
Before Impact
(linear feet)
(acres)
(yes/no)
(linear feet)
No Stream Impact
1
Excavation, culvert, and backfill
Forested
No
±300
0.05
2
Excavation, culvert, and backfill
Forested
No
±500
0.22
3
Excavation, culvert, and backfill
Forested
Yes
0
0.31
4
No Wetland Impact
NA
NA
NA
NA
5
Excavation, culvert, and backfill
Forested
No
±500
0.12
Impact 6
Excavation and Backfill
Forested
No
±1500
0.22
(Isolated)
5
No Stream Impact
No Stream Impact
NA
Total Non -Isolated Wetland Impact (acres)
NA
NA
0.70
No Stream Impact
Total Isolated Wetland Impact (acres)
NA
NA
0.22
3. List the total acreage (estimated) of all existing wetlands on the property: +/- 1 Acre
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip -rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage_ multiDly length X width_ then divide by 43.560.
Stream Impact
Name Watele)
Perennial or
Average
Impact
Area of
Number
Stream Name
Type of Impact
Intermittent?
Stream Width
Length
Impact
(indicate on ma)
NA
Before Impact
(linear feet)
(acres)
1
No Stream Impact
No Stream Impact
NA
NA
NA
NA
2
No Stream Impact
No Stream Impact
NA
NA
NA
NA
3
UT to Terrible
Excavation, culvert,
perennial
6
206
0.03
Creek
and backfill
4
UT to Terrible
Excavation, culvert
perennial
6
143
0.02
Creek
and backfill
5
No Stream Impact
No Stream Impact
NA
NA
NA
NA
6
No Stream Impact
No Stream Impact
NA
NA
NA
NA
Total Stream Impact (by length and acreage)
349
0.05
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dred6m4, floodin4, drainage, bulkheads, etc.
Open Water Impact
Name Watele)
Type of Waterbody
Area of
Site Number
(if applicable)
p
Type of Impact
yp p
lake, pond, estuary,
( p sound, bay,
Impact
(indicate on map)
ocean, etc.)
(acres)
NA
NA
Total Open Water Impact (acres)
NA
6

6. List the cumulative impact to all Waters of the U.S. resulting from the Droi ect:
Stream Impact (acres):
0.05
Wetland Impact (acres):
0.70
Isolated Wetland Impact (acres):
0.22
Open Water Impact (acres):
NA
Total Impact to Waters of the U.S. acres
0.75
Total Stream Impact (linear feet):
349
7. Isolated Waters
Do any isolated waters exist on the property? ® Yes ❑ No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
Wetland Impact 6 will occur to an isolated wetland. The USACE verified that the wetland is
isolated during the field review conducted on August 28, 2007. The proposed impact to this
area Impact 6 — Figure 13 and 14) totals 0.22 acres.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ❑ uplands ❑ stream ❑ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw -down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower -impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The proposed roadway is
shown on the Town's Communitv Transportation Plan. The basic Durnose of the road is to Drove
for traffic now through the affected region of town. The No Project alternative would result in
the avoidance of all proposed impacts, however this alternative would not meet this basic project
purpose. Therefore, the No Project Alternative is not a viable alternative. Other alternatives to
the project include the improvement of existing roadways that carry traffic through Fuquay-
Varina, or the selection of a different route.
It is not possible to achieve the project purposes by improving/widening existing roads. As
stated in the Community Transportation Plan, the construction of Judd Parkway is proposed to
relieve the congestion from the existing roadwaysystem. In particular, the downtown area is
7

experiencing significant congestion, and the difficulties associated with improving the now of
traffic in this area make this an impracticable alternative. Specificallyy, the presence of existing
infrastructure, including buildings, railways, and utilities severely limits the potential for any
improvements that would be sufficient to alleviate traffic congestion. This alterative would also
still direct the majority of traffic passing through Fuquay-Varina to the downtown area, which is
in conflict with the goals of the proposed project. As a result, the construction of improvements
to existing roads was not considered a viable alternative to the proposed project.
The final alternative is the selection of an alternative road route. As shown in Figure 3, the
potential routes to the north of downtown Fuquay-Varina are very limited by existing
development. There are schools and commercial and residential developments located
immediately south of the proposed alignment, which prevent the shifting of the corridor to the
south. Shifting the project to the north is also not practicable due to the tributary to Terrible
Creek that is located north, flowing roughly parallel to the proposed corridor. Shifts to this
direction would be likely to increase the level of environmental impact. It is possible that a
larger loop could be routed to the north of the Town in areas where there is less residential and
commercial development, however, any such alignment would be much longer and would almost
certainly have substantially increased environmental impacts due to the stream and wetland
systems that would be encountered. As a result, the approximate location of the proposed
corridor is the only alternative that satisfies the project purpose and need while avoiding impacts
to streams and wetlands.
With regard to the minimization of unavoidable impacts, the road was designed to reduce
impacts to streams and wetlands where possible. The western section of the project between NC
55 and Stewart Street is located as far to the south as possible to avoid streams and wetlands
associated with the tributary to Terrible Creek to the north. As shown in Figure 3, Impact 1 was
minimized by turning the road corridor to the south. Because the fixed tie-in point at the end of
the existing road and minimum curvatures, impacts in this area cannot be totally avoided. By
locating the road immediately north of the existing residential development, the design
minimized impacts at Impact 2, and avoided a small isolated wetland located just to the west of
From Stewart Street to the east, there are 4 additional impacts. Impact 3 was reviewed by Mr.
Jamie Shern with the USACE, who requested that the alignment be located to the north of the
originally proposed location in an effort to minimize impacts. In response to Mr. Shern's
request, the delineation of wetlands and streams was extended to the north, and the road was
redesigned to cross the wetland/stream system at the narrowest and most perpendicular location.
There is no way to avoid the stream associated with Impact 4, though the crossing occurs at a
perpendicular angle. Impact 5 occurs to a wetland drainage (no stream), and the impact
generally occurs at a narrow point, which reduces the extent of fill. The last crossing, Impact 6,
occurs within an isolated, depressional wetland. The crossing location was limited to the
proximity of the crossing to the southern fixed terminus of the project corridor. The crossing is
located along the eastern side of the wetland, which minimizes impacts and reduces
fragmentation of the system.
Based on the factors discussed above, we believe that there are no less damaging, practicalble
alternatives, and that unavoidable impacts have been minimized to the maximum extent
practicable. As discussed below, compensatory mitigation is proposed for unavoidable impacts.

VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stnngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Mitigation is to be provided for impacts to streams (at a 2:1 ratio) and Neuse buffers with the
purchase of credits from the Forrest Creek Mitigation Bank, located in the Neuse 03020201
basin. Wetland mitigation is proposed through payment into NCEEP at a 2:1 ratio for all
impact to non -isolated wetlands. Approval letters from NCEEP and the Forrest Creek
Mitigation Bank are provided in Attachment D. No mitigation for isolated wetland impacts
is proposed as the cumulative wetland impact including both isolated and non -isolated
wetlands) is less than the 1 -acre NCDWO mitigation threshold.
9

2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): 0.774
Amount of Non -riparian wetland mitigation requested (acres): 0.628
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ❑
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ❑ No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ❑ No ❑
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar -Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify Neuse Buffer Rules )? Yes ® No ❑
10

2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
I_f buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact MultiplierRequired
1 23,887 3 (2 for Catawba) 71,661
2 14,718 1.5 22,077
Total 1 38,605 1 1 93,738
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. A Neuse Buffer Confirmation letter is
provided in Attachment C. Buffer mitigation is to be provided by purchase of 93.738 buffer
credits from the Forrest Creek Mitigation Bank. See the acceptance letter included in
Attachment D.
XL Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Due to the nature of the project, the impervious
surface will exceed 30%: however stormwater facilities for linear transportation devices are not
typically required. Nevertheless, because the project is located within the Neuse Basin, the
project has been designed to comply with the appropriate buffer requirements, including the
establishment diffuse flow into the buffers for roadway runoff Stormwater from the road will be
directed to structures designed to establish diffuse flow, rather than directly to the stream
channel. Furthermore, development within parcels adjoining the proposed corridor will be
required to comply with the provision of the Town's Phase II Stormwater approval. A draft
version of the Town Policy for Stormwater Management and the Draft Fuquay-Varina
Stormwater Ordinance are included in Attachment F.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
This project is not anticipated to generate any additional wastewater.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ❑ No
11

Is this an after -the -fact permit application? Yes ❑ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ® No ❑
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
See the attached aualitative cumulative imbact analvsis included in Attachment E.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw -down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
12

Attachment A — Permit Maps and Figures

Title I Project Vicinity Map
Project
Kimley.Hom
and A859e2tK Im
Town of Fuquay-Varina
Northeast Judd Parkway Extension, Wake County, NC
Date
12/09/08
KHA Project Number
012622001
Figure

Legend
Project Limits
r.
I f s�`"�
� yam•/�{�.f�
�
01
® Cr I d
■� {1
y • a
OIL
910 L
to ., , , •. r,
Af
400 0,
Sprinf N
• •' r + ; 0 1,000 2,000
yJ\�E
Feet
i
-
Title
USGS Topographic Quadrangle (Fuquay-Varina, NC; 1974, revised 1981)
E� Nunley-Hom
Project
Town of Fuquay-Varina
Northeast Judd Parkway Extension, Wake County, NC
and Associates, Inc.
Date
Project Number
Figure
12/09/08
012622001
2

tJ s {�53'4�6{iL[i J iParcel
Acreage Zoning
Number
1f z"
r
1 30 MA
�j
ii'4{tilw Iv. r.
/a3 20 R-15
a i.
�r` Ems, f
4 74 R-20
. f • '��. 1
i w s 1' r • • 1 ti
J 1 . i l r r.. r'ti 4 r ® VD r ti`s .{• ' + °.i� .'-ti-'Tye•. 1
6
1 ,.. 1
9 52 R-20
1 34 1
yr.,.- : 1
9
Oe
Total 358
a
4f
r
'
p
yam'
Legend,.. w
Corridorr__J Project Limit.
Wake County Parcels
Wetlands Near Project �. ,.
Corridorter
Surface Waters Near Project r R
m
Stream Buffers Near Project Corridor
94.E .' • , 1 .. --V M= - � �•. _ .:aitc;'. :f - - - � c � ` - x'����

Town of Fugivay-Varina
Comprehensive Land Use PlanEV�
` ---------
---------------
- ---- -----Future
Future Land Use Categories:
- Commercial (COM)
r A
li y
Office & Institution (0&1)
Industrial &Employment (I&E)
�-
I �.7
� � :
- -�
Parks & Open Space (POS)
-
'•.
- High Density Residential (HDR)-
-
'•
lI
St
T7
Medium Density Residential (MDR),
y
{ I
�°"
Low Density Residential (LDR)�.
•.'�
{
- #�
`�
si - r ,� A, d. �- � '"fir �.
^.. wii�• 1's � 1 t }.
- Significant Natural Resources
.• � a re. +.Lem=
s�
- I - -
f
� • '�g
XI-
--------- Planned Greenway or Pedestrian Trail
Major Thoroughfares
• .....I .:
z
-'-
ly
i�
Existing Thoroughfares ;`
-
♦ j
.
I
-
�. Proposed Thoroughfares''.
E AL BL
1l
t s
711
b •.'
j,
i
-
FV Future Residential land use Approx. Lot
classifications and densities FV Similar Approx. Units size lsquara Average dWelling
Zoning district per acre RJ unds per acre;
,r L—) . t;- �
d
a
R'o
_ /
YY
W E
Jll
,
"pR=g' Comprehensive Land Use Plan
_
Medium 4to6.9dwellingunits R-E 5.3 8,000 MDR =4.8
Adopted August 1, 2005
L
per acre R-10 4.3 _ 10,000
R-15 2.9 15.000
- As Revised -
A t._
1"
Low 1 to 3.9 dwelling unts R-20 2.2 20,000 LDR = 2.1
per acre R-30 1.5 30.000
2®70e�1gee��,,rr11
R-00 1.1 40,000
NOTE: Thomap rawjeowereu furrFaqua'v purposes.
compiled rmm bes[ avertable sources. Fuquay-Varina assumes
F
7 inch = 3,000 feet
mo msponslbr8ry /or errors ansknq Gom misuse of this map or scala
Title
2008 Town of Fuquay-Varina Comprehensive Land Use Plan
Project
Town of Fuquay-Varina, Northeast Judd Parkway Extension, Wake County, NC
aAmodaKf�
Date
Project Number
Figure
12/09/08
012622001
5

GRAPHIC SCALE
5Q0 , Q 5Q0 /000
(IN FEET)
l INCH = 1000 FT
tOC
1�
ISOLATED WETLAND
(NCDWQ ONLI2
O
M
�O
O
O
M
IMPACT 3
IMPACT 4
py SHEET 7-8
SHEET 9-10 IMPACTS
SHEET 11-12
90
IMPACT 2
SHEET 5-6
IMPACT 6
SHEET I3-14
IMPACT 1
O SHEET 3-4
❑_❑ Kimley-Horn
and Associates, Inc. NE JUDD PARKWAY PROJECT .CORRIDOR OF 14
CO .2007
PM 2 OlBm 99
Roleiph, NoahA Carolino 27636

❑_❑ Kimley-Horn
and Associates, Inc. NE JUDD PARKWAY IMPACT SUMMARY 2 OF 14
ra e� ease
MW, WA Gorollno 27636
WETLAND
WETLAND
STREAM
STREAM
STREAM
STREAM
BUFFER
IMPACTS
IMPACTS
IMPACTS
IMPACTS
WIDTH
IMPACTS
IMPACTS
IMPACTS
(FT)
(ACRES)
(FI)
(FT)
(FT)
(ACRES)
(FT)
IMPAR ONE
(NON -RIPARIAN)
2,258 SF
0.05 AC
0 LF
0 LF
0 SF
OAC
0 SF
IMPACT TWO
(NON -RIPARIAN)
9,395 SF
0,22 AC
0 LF
0 LF
0 SF
OAC
0 SF
BZ 1:
IMPACT THREE
(RIPARIAN)
13,664 SF
0.31 AC
206 LF
6 LF
1,236 SF
.03 AC
14,849 SF
BZ 2:
9,009 SF
BZ 1:
IMPACT FOUR
0 SF
OAC
143 LF
6 LF
858 SF
AC
9,038 SF
,02
BZ 2:
5,709 SF
IMPACT FIVE
(NON -RIPARIAN)
5,225 SF
0.12 AC
0 LF
0 LF
0 SF
OAC
OAC
IMPACT SIX
(NON -RIPARIAN)
9,732 SF
0.22 AC
0 LF
0 LF
0 SF
OAC
OAC
(ISOLATED)
30,542 SF
0.70 AC
TOTAL
(NON -ISOLATED)
(NON -ISOLATED)
BZ 1:
23,887 SF
IMPACTS
349 LF
12 LF
2,094 SF
.05 AC
BZ 2;
9,732 SF
0.22 AC
(ISOLATED)
(ISOLATED)
14,718 SF
❑_❑ Kimley-Horn
and Associates, Inc. NE JUDD PARKWAY IMPACT SUMMARY 2 OF 14
ra e� ease
MW, WA Gorollno 27636

GRAPHIC SCALE
2L":m?25 50
(IN FEET)
/INCH = 50 FT
BEGIN TREE
PROTECTION FENCE
JUDD PARKWAY
RIP RAP PAD
0
SKIMMER 4A
BASIN A
WETLAND
BOUNDARY SKIMMER BASIN
I! PROPOSED SILT FENCE
---------- PROPOSED LIMITS OF DISTURBANCE
—E— EASEMENT
l --
Tp
WETLANDS
PROPOSED WETLAND IMPACTS
❑Kmley-Horn
�❑ and Associates, Inc. NE JUDD PARKWAY WETLAND/STREAM J OM 14
�.-7oM.....WWIMPACT
rd�Wn,inI
.�n C -11.11u. ne3e
WETLAND IMPACTS
2,258 SF
STREAM IMPACTS
0 LF
*INSTALL TREE
I�
PROTECTION FENCE
ALONG EASEMENT LINE
I
PRIOR TO CLEARING
I
k
q
\ WETLAND
BOUNDARY
END TEE
PROTECTON FENCE
41
J
I
FWATER STRUCTURE DIFFUSING
SKIMMER 4A
BASIN A
WETLAND
BOUNDARY SKIMMER BASIN
I! PROPOSED SILT FENCE
---------- PROPOSED LIMITS OF DISTURBANCE
—E— EASEMENT
l --
Tp
WETLANDS
PROPOSED WETLAND IMPACTS
❑Kmley-Horn
�❑ and Associates, Inc. NE JUDD PARKWAY WETLAND/STREAM J OM 14
�.-7oM.....WWIMPACT
rd�Wn,inI
.�n C -11.11u. ne3e

Q
Q
IL
0
W
O
I
N W H
F
m Z I
j<
CO
O I O
WD
F
NN
d D
O
0� W I
0-0 p
I
I
�I
0
P
�1
Y
VI
VI
I
r .n,
O W O
do IM a
U '
Q
pC W
d K N d
O U
d x
O.
z
0 O
Of LO
a-
u
W
IU a
e
o
�
99UP
L6'LZY
C
r
'
'
a I0
I
I
N I
D
Z
a
J
F-
LA W I
3 I
1.
N
r
n
--------------------
I�
3
D O
N W
F
Z p I
J Q Z
CO Q
dF
px
OfLD
d�
Oof J I
N F W
dO I
O I� W
0-0
I
I
Q
Q
IL
0
W

GRAPHIC SCALE
2L Q 25 50
(IN FEET)
/INCH = 50 FT
WATER DIFFUSING
STRUCTURE
BEGIN TREE
PROTECTION
FENCE RIP RAP
PAD
PIPE OUTLET
CHANNEL
RIP RAP
PAD
WETLAND
BOUNDARY
B
WETLAND IMPACTS
— 9,395 SF
STREAM IMPACTS
— 0 LF
*INSTALL TREE
PROTECTION FENCE
ALONG EASEMENT LINE
PRIOR TO CLEARING
� � I
4-1 /
END TREE
PROTECTION
FENCE
r I - / U I V / 14< - • �-- (4f , / ///
SEDIMENT TRAP // 4� /
13 1 lisp
JUDD PARKWAY
I
I wee —
I i
I �Cb00000cP
BERM )<X_ BERM
—57V /11 9% 411 M
LD
U
❑KimleyHorn
�❑ and Associates, Inc. NE JUDD PARKWAY WETLAND/STREAM 5 OR 14
O,— IMPACT 2
MW, WA Gorollno 27636
B
UIu
to
U
II M
OI
L
?II
PROPOSED
SILT FENCE
WETLANDS
— E —
EASEMENT
----------
PROPOSED
LIMITS OF
DISTURBANCE PROPOSED WETLAND IMPACTS
—PDE—
PERMANENT
DRAINAGE
EASEMENT
❑KimleyHorn
�❑ and Associates, Inc. NE JUDD PARKWAY WETLAND/STREAM 5 OR 14
O,— IMPACT 2
MW, WA Gorollno 27636

I o
N
I
IO
I
I
__________________
O
I
I
~ U W
M. z N
0_
O
U
Wp
O N
d p r I
�W Q
0-0
p W
W
NO
WCi
O = hO o
dn n- N
Lx I �i
I
I
S Im
O91'904
Lf'904
� I
U
W
N I
V
N
O o
� I
U o
z
a IJ
H
W I
3
S. c4
N
n
0
I"
Vi
I
I
I
r
3
ui
W O
to
LLJ
Li In I
O = ~ U
�LD �.z —
0-= Ja
m
p�
W p I
Ln F--
O Ln
O p
�W I
d O
I
LL
O
Q
LL L
C\1
U
0 Q
LL
Q
J
W
Q
Q
IL
W

GRAPHIC SCALE *INSTALL TREE WETLAND IMPACTS
PROTECTION FENCE
2�5 "w. 2,5 5
Q 0 ALONG EASEMENT LINE — 139664 �E
PRIOR TO CLEARING STREAM IMPACTS
(IN FEET) — 206 L E
/INCH = 50 FT WETLAND
WATER DIFFUSING BOUNDARY
STRUCTURE
SEDIMENT TRAP
RIP RAP / x
PAD
BEGIN TREE i 'K
NAt
PROTECTION FENCE -x
Nx
JC
TD W
SEDIMENT TRAP
DD PAI
V � �/jib
�i/,;ij�
*Aj
t
x
.r 8Z x^��
Ilk *X
ti
x x x
DIVERSIONS
�c x /
0 WETLAND CHANN
'rk x x BOUNDARY
i
M PROPOSED SILT FENCE
`k i —E— EASEMENT
----------
PROPOSED LIMITS OF DISTURBANCE
—PDE— PERMANENT DRAINAGE EASEMENT
k
END TRU
PROTE ION FENCE
D
I
5
WETLANDS
PROPOSED WETLAND IMPACTS
❑KimleyHorn
m❑ and Associates, Inc. NE JUDD PARKWAY WETLAND/STREAM 7 OR 14
IMPACT 3
ra e� ease
MW, WA Gorollno 27636

GRAPHIC SCALE *INSTALL TREE BUFFER ZONE
PROTECTION FENCE MPACTS
2L"zQw. 2,5 50 ALONG EASEMENT LINE — 149849 LF
PRIOR TO CLEARING BUFFER ZONE 2
(IN FEET) IMPACTS
/INCH = 50 FT WETLAND — 9,009 SF
WATER DIFFUSING BOUNDARY
STRUCTURE
SEDIMENT TRAP
RIP RAP / �c
PAD
BEGIN TREE i 'K
PROTECTION FENCE
04 J�
JC
SEDIMENT TRAP
DD PAI
ISL
*A/
.r aZ
Ilk *X
ti
x
C H A N N DIVERSION
0 WETLAND .
BOUNDARY
i
M PROPOSED SILT FENCE
'k i —E— EASEMENT
----------
PROPOSED LIMITS OF DISTURBANCE
k, —PDE— PERMANENT DRAINAGE EASEMENT
END TRU
PROTE ION FENCE
D
I
5
BUFFER ZONE IIMPACTS
BUFFER ZONE 2 IMPACTS
❑KimleyHorn
�❑ and Associates, Inc. NE JUDD PARKWAY BUFFER ZONE 7A OF 14
O,— IMPACT 3
ra e� ease
MW, WA Gorollno 27636

I
` N
-------------
O
N W ,
H
M.Z
coO
LLJ
O D Q
3
oN
N F- wi
�
O (n0 h
0�U- o I�
` x
6 U
M I Olm
N �
I
I
4
I
I
U � I
0
z I
O
U
w I
N
� I
O
U
r
o 'r.
N
ami
ai
Ih
I
I
Q
I
O u -
W O
N 1
O� 1
d =
O `
d ry
I
-----------------
-------------
L'w
M.z
::i<
1
m
Orr
w= rLn�--
oN
0
�o
4 -
CD
00
Q
Q
IL
W

GRAPHIC SCALE
WETLAND IMPACTS
— 0 SF
2L Q 25 50
STREAM IMPACTS
(IN FEET)
— 143 LF
/INCH = 50 FT
*INSTALL TREE
WATER DIFFUSING
RIP RAP
PROTECTION FENCE
STRUCTURE
PAD
ALONG EASEMENT AND
ROW LINE PRIOR TO
~
h CLEARING
ry
ti TEMPORARY STREAM
CROSSING
H
H �'
BEGIN TREE
END TREE
PROTECTION
PROTECTION
FENCE
TD FENCE
TD -101— RIP
RAP
STD STD
PAD
SEDIMENT
TRAP
m T
TD
SEDIMENT TRAP
BEGIN TREE
PROTECTION FENCE
END TREE
PROTECTION FENCE
WATER DIFFUSING
STRUCTURE
PROPOSED
SILT FENCE
— E — EASEMENT
---------- PROPOSED
LIMITS
OF DISTURBANCE
—PDE— PERMANENT DRAINAGE EASEMENT
❑KimleyHorn
�❑ and Associates, Inc. NE JUDD PARKWAY WETLAND/STREAM g OR 14
O,— IMPACT 4
ra e� ease
MW, WA Gorollno 27636

❑KimleyHorn
�❑ and Associates, Inc. NE JUDD PARKWAY WETLAND/STREAM 9A K I4
O,— IMPACT 4
ra e� ease
MW, WA Gorollno 27636
BUFFER ZONE
GRAPHIC SCALE
IMPACTS
— 9,038 SE
2L Q 2� 50
BUFFER ZONE 2
IMPALES
(IN FEET)
— 59Yo9 EF
/INCH = 50 FT
*INSTALL TREE
WATER DIFFUSING RIP
RAP
PROTECTION FENCE
STRUCTURE PAD
ALONG EASEMENT AND
ROW LINE PRIOR TO
~
h
CLEARING
ry
ti
TEMPORARY STREAM
CROSSING
H
H
�'
BEGIN TREE
END TREE
PROTECTION
PROTECTION
FENCE
TD
FENCE
TD
R
TD DRIP RAP
TD STD
PAD
�"7
SEDIMENT
7 TIF
MWF
TRAP
I
r
i
�J
T
TD
SEDIMENT TRAP
BEGIN TREE
PROTECTION FENCE
END TREE
PROTECTION FENCE
WATER DIFFUSING
STRUCTURE
PROPOSED SILT FENCE
BUFFER ZONE I
— E — EASEMENT
---- PROPOSED LIMITS OF
DISTURBANCE
BUFFER ZONE 2
—PDE— PERMANENT DRAINAGE
EASEMENT
❑KimleyHorn
�❑ and Associates, Inc. NE JUDD PARKWAY WETLAND/STREAM 9A K I4
O,— IMPACT 4
ra e� ease
MW, WA Gorollno 27636

I o
N
I
I
O
I
I
O
I-------------
Lf)
~ U
Z
m
I
oo
L LJ
oN IM
O/�H
Of LL Q ly
0-0
LTJ O
N
O F-
0
pi
d
O = X
SCD p
dlY O' OU
H.
I
I
I
0 o
z o I
C) _
m
cs
w o
°o.
I"
I"
I
I
I
r
a I
3
o�
Li.l 0
Ln
d� I
O =
lY LD
d =
Nw I
H
M_Z
j<
En
mo
LTJ D
0�--
0-0
O
Of
0-O
I
Q
W
U
�.0
0 Q
LL
Q
W
Q
Q
IL
w
z

GRAPHIC SCALE
2L Q 25 50
(IN FEET)
/INCH = 50 FT
Lo
WETLAND IMPACTS
- 5,225 SF
STREAM IMPACTS
- 0 LF
INSTALL TREE
PROTECTION FENCE
ALONG EASEMENT LINE
PRIOR TO CLEARING
WETLAND
BOUNDARY
48" RCP
END TREE
PROTECTION FENCE
a
BEGIN TREES
PROTECTION
FENCE -7
STD
_ 7-D
\� T SEDIMENT TRAP
\ y' JUDD PARKWAY
STD STD f---------- ----- ------ ` TD STD
� � 3
BEGIN TREE \�� y, I SEDIMENT TRAP
PROTECTION
FENCE
WATER DIFFUSING
y STRUCTURE
TEMPORARY STREAM
CROSSING
WETLAND
BOUNDARY
so d
PROPOSED SILT FENCE WETLANDS
—E— EASEMENT
---- PROPOSED LIMITS OF DISTURBANCE PROPOSED WETLAND IMPACTS
� ❑Kim�❑ and leyHorn Associates, Inc. NE JUDD PARKWAY WETLAND/STREAM OF 14
IMPACT 5
ra e� ease
MW, WA Gorollno 27636

I o
N
I
----------1 0
I
I
N W rE ~UM.z
J m p
N
UJ O I y
W �
ON p=
d0 ofLD
O
Of L�
0-0
W
• I N d
d
d Q
I
I
I
I
a I
N o
w z
z
Q I
Z -i
O W
u e
w
U
I
I
I
I
I
h
VI
I�
I
I
-------------I
r '
Qr'
fn
~"
Ln ui
Lno �.z
O
F- En
o= oo
0-- f'W O
oN
0
LL
0-0
0
N
Q
LLJ
Ln
U)
�.0
0 Q
LL
Q
W
Q
Q
IL
W
L

GRAPHIC SCALE
2L Q 25 50
(IN FEET)
/INCH = 50 FT
BEGIN TREE
PROTECTION FENCE
�.
WETLAND -
7:0 BOUNDARY
-7D'
Tp
ATO
ISOLATED
WETLAND IMPACTS
– 9,732 SE
STREAM IMPACTS
0 LE
*INSTALL TREE
PROTECTION FENCE
ALONG EASEMENT AND
ROW LINE PRIOR TO
CLEARING
❑Kimley-Horn
�❑ and Associates, Inc. NE JUDD PARKWAY WETLAND/STREAM I3 0•E 14
()' , IMPACT 6
Role, Nolh Comlino 2)636
SEDIMENT TRAP—
.10
END TREE
�T
p
_
J���p'gR \�
RIP RAP FENOCECTION
y
PAD
7D'
Tp
�\
T'0
Tp
BEGIN TREE
PROTECTION
\
FENCE
TEMPORARY STREAM
\
\
CROSSING
TEMPORARY
\ N
NL
:lk �k �TO
24" RCP
\
ISOLATED
WETLAND
/
BOUNDAR
5,
(NCDWQ 0
LY)
3
SEDIMENT
TRAP
PROPOSED
SILT FENCE
ISOLATED WETLANDS
—E— EASEMENT
PROPOSED ISOLATED
---- PROPOSED
LIMITS OF DISTURBANCE
WETLAND IMPACTS
❑Kimley-Horn
�❑ and Associates, Inc. NE JUDD PARKWAY WETLAND/STREAM I3 0•E 14
()' , IMPACT 6
Role, Nolh Comlino 2)636

W
I
I
I
---------------------
I
I
U7 I
~ U r
M.z Q
jQ
c a
O 0 w w
w= No
L/) F o
oN CLF -
0 -0
m
d p O
o LD
Of 0-0-1o
0-0 Q
ui
J n%
H I
W
3
o I
o I
a
I
os a
N �
a
M
ly
IA
1
--------------------- 1
I
I
I
N W r
~ U Q 1
� Z <
J Q 0 I
Co W w
oc No
W O O I
N F- W F-
L/-) O=
dp of LD I
O d rr
OC w
CLO
I
I
Q
W
LO
U
� Q
LL
Q
W
Q
Q
IL
W

Attachment B — Agent Authorization Form

Letter of Authorization
Mr'. Andy Hedrick, Town Manager for the Town of Puquay-Varina, authorizes
Kimley-Horn and Associates, Inc. to act as our limited agent to coordinate with
the U.S, Army Corps of Engineers and North Carolina Division of Water Quality
for the preparation and submittal of jurisdictional determinations and 404/401
permits applications associated with the Northeast Judd Parkway Extension
located in Wake County, North Carolina. Authorization will terminate on either
final agency action or upon written notification from either parties involved.
Company Name: Town of u ua -Varina
Contact Name: Jay Meyers, Public Utilities Director
Client Address: 401 Old Honeycutt Road
Fuquay Varina, North Carolina, 27526_ -
Client Phone #: [phone]
Client Fax #: [phone]
Client Email: imeyers a nquay-varina.org
y ,
v
Andy Hedricl Town Manager
Date

Attachment C — NCDWQ Neuse Buffer Confirmation Letter

O� WAMichael F Easley, Governor
_OA �G William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
=1 Coleen Sullins, Director
p c Division of Water Quality
Katie Tomany
Environmental Services, Inc.
524 S New Hope Road
Raleigh, NC 27610
BASIN:
Neuse River X
ttoA NCAG 213 ,0233)
June 22, 2007
Tar -Pamlico
(15A NCAC 2B 0259)
NBRRO907-125
Wake County
Complaint NOV Buffer Determination X
Incident # Anneal Call
Project Name: NE Judd Parkway
Location/Directions: located north of the intersection of Hu 401 and SR 1107 extenclingiust.east of the
intersection ofNC55 and SRI 11,0,ip_Fuquay-Varina
Subiect Stream: UT to Terrible Creek
Date of Determination: 6122107
Feature(s) Not Subject Subject
Start @ Stop@ Stream Soil SurveyE
Form Pts,.
A X
X
B X Trot contested
X
C X not contested
X
D X
X
E X
y
Explanation: The feature(s) listed above has or have been Iocated on the Soil Survey of Wake County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be a stream There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the CJS Army Corps of Engineers and/or to the Division of Water Quality
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water
exists and that it is subject to the buffer rale may request a determination by the Director. A request for a
determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly, , DWQ
Wetlands/401 Unit, 2321 Crabtree Blvd,, Raleigh, NC 27604-2260, Individuals that dispute a determination
by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for
an ad judicatory hearing. You must act within 60 days of the date that you receive this letter, Applicants are
hereby notified that the 60 -day statutory appeal time does not start until the affected party (including
downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Inlemet: h2o enr state nc us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone].623.6748
An Equal OpporlunitylAlfirmative Acton Employer - 50% Recycled/10% Post Consumer Paper
Nof Carolina
Ntima!!y

NE Judd Parkway
Wake County
6/22/07
Page 2 of 2
conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask
for a hearing, send a written petition, which conforms to Chapter 150E of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
determination is final and binding unless you ask for a hearing within 60 days.
The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property
(stated above). This project may require a Section 4041401 Permit for the proposed activity. Any inquiries
should be directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army
Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441.
Respectfully,
Lauren C. Witherspoon
Environmental Senior Specialist
CC: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
RRO/SWP File Copy
Central Files
Na c Carolina
)V'7111ra!!1/
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Intemet: h2o enr state nc us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal OpportuniiylAHirmative Action Employer— 50% Recycled/10% Post Consumer Paper

i �: r � ;.,' cr°^ •li U ,., ar t Si}, is I �rF�/(�^ Jw �1 �'�:
iVr�f ji fft' YF Ilylw t , i a +YjiU r
�� ,,.^ I �y.1�yJ ,��t !fin• �'t5 k l'�� -, it Fyyy]ft krn is Ff: i ]}irv5 + �. �._. t.� � :r }A
YY�n�
r:1].i
r s4't e. iiddyy.rt.f Ij
W 0 8 nn��
r 1l i - r�l.kr'S, 1r. '•t 1 r 3- :]'a ittt NoB y^%`
i7, trl� rf'' p1i71a iiljI r stl.: ['1 ^ i
Irlrr�
Vii k4 A j,
r f W� N 7 n' ik 1r 1r I1 , 1 r r o 'in
,'�q•" 1 I I ,,,//J1S'4�1, , I i r � r
dillAr'kr
we,
,Sr ynr'� r 31 I e
;, ' ,1,11 , ,t •,..- • ' `}'+4 la� } f,, ,!`� alb MEQ �
Win W 3
� , ' .}A.r sir" f •Cr' f ' ��'r`� 1 F ' _J' r ISI Y31.� I i 1 ;{ ( r 1 t ' - � 1
'
' I,w•;^^..1 t, , Lr „ r grk '. 41} Si1ha'a,, ii.. t i,.,- I'l? it
," r✓ "''r ' l i. f i r,.... a I+ e I+-. 'ti,;:%, S� � 'y,,.� 1�1hE1 r �It I I
.. ..,rr.ti,,:r!"" f } �'r'- r., f r ,�j �'S ♦ M - �Irr�-t'M-i.tM•,«t
r J Wr.1CL1 F (iN;,ti �t l�ji(� 4 fIE" "`' 3i1
µ'. .-.�.. - at ' �r.+"•sr,.'v 1 .+ r i!r'0 14 ,.+,.. - j , ✓
_ r WLitlr _'r T� • C3 rte+ WilyI`: WC�ri�.rk�fiu Ir
:llI3 ri�'_ "r ,ii h�ln`.'q"nL'Itrl� li,:l h ' f i, ri }i I I:."Fw .:1 I!.'• `.��2 '.rr'"M`r , 4 ,4,ykt!...'wn
� � , ;_' .1.111 r ✓ VV j r-,.^�.`;, � 'r.r 1 i 4, I I;f
f
ivf
I i�yAA r"
'r ,tie ,..,i,�' r' r t".^- -'_,; - �"�Kl'w, 1 r• ��R ,�rr� ! I:i. ,T,i'r;.;,y"'^Y:i
r ..%''F'•ir r `' No -+ `M.. r�jCl'ti t rsttjk„ir ,
t� t-� , r, l
.A II' Y 3 B Irl ' It, I t
Wra/i
rr /�Mi'l+ hl U l:l✓I �'4_i(, Js; �...
NCjt,d
„���[qq! rx � q� j, 4Si r_ r MCi - w,F7�WfY I. ,.,t.�r. Ff Yvul ].'.] r•' '' ik� �.1! 1 r �� .. ...�
WLt B
Nr!
W
W A
�' :`?`•�,,:,w I f.x ,., MIi"�.'„ �F=�i �.;^. �'
r/
N U «
r
711,:4
�{"�., �� �.,`' 'q "`�-�..�.+r� :✓,rSr 7,r `it1,�4 ;i i�; f � i ir,rr r V E�4.
•�:1j% 1 i t .�
r Wcj�:� `!�} 'a J y>34,^r t. , arJ��?Sti r }� fVn� F r • �.
S a 11tS�r4�" "fit
a 41, i, fp >• Sir i r .....
.1 IA e tj
NIX
Cl,,�.z..l,a flry e
•-w::.r Ile
oar l fir,,,.
® Project Boundary
tI I } f !t'fM„lti ED NRCS Soil Bounds
I
Hydric Solis ' ,' r
Wo WehadkeE and Bibb soilsrh,
Non -hydric Soils with Hydric
In �; l�ipEt,� ,, �',1+ - c.
M6 MantaChi850ilS 4riLIK4'�',
Non -hydric S01JS frf l il' / 1 {'3i] k qv ' . IN A
NoB Norfolk foamy sand, 2-6% slopes l ":'61Tr' }i hlGi � F r "
ANoB2 Norfolk loamy sand, 2-6% slopes,
eroded
apes I rl 1 t^�`y;+� i•r�;�:r�R 4 JJ e '�"f l� , 4�t �Jr
(`;sr�iaw ;;NoC Norfolk loamy sand, 6-113a/4 t401WaB Wagram loamy sand, 2-6% slopes `fiir !thf 1li Sr
1,
!`
WaC Wa ram loam sand, 6-10% slopes ✓;' jIC3� ' '91 Wra
g Y P , .1111 ',ti ,.a vi
,C 1
WgA Wagram-Troup sands, 0-4% slopes+�.�
0 600 1000 :S� i I r� f
Feetjq
i1J
Sou a; NRCS Sail Survey or Wake County NC,
19743: project tioundary provial by McKim & Creed
❑iadairl Tha Wartnellan depleted on thea III i foe
lnfomlaleonal Purposes onlyand was I pre pared far 1AI
and in nal sunaClo h3r loyal ar en0lneering pmrpaam (ka I �E y jff'II++ i ; ^ r1 Y Y i:t hr4 il� L El Y i Z Y �,
� j�. !..Yir�, i, -,r4 f•<�...t,- �r, li`drktr. n4l�1iPE5 �; n,-��r �� irr.,lr,`
ENV[RONMEN•IAL Project: ERf)7()95=
SERVICES, INC. NRCS Soils 2----�
624 S. RWillNel NorthHelp. Road ogna NE Judd Parkway 11i
�nate. .tur, 2U07
Rdaigh, Nodh CaroAna 27410(019)212.1700 Orwn/Chkd: KT/JH
(tJiy12,2.. 1707 Fax Fuquay-Vail Wake County, Nortel Caa
a,«Irp
www envenrrmentarsarvieeeWnc c°m Figure: 2

Attachment D — NCEEP and Forrest Creek Mitigation Bank Approvals

Y
os Stem
fin nt
PROGRAM
October 23, 2008
Jay Meyers, Public Utilities Director
Town of Fuquay-Varina
401 Old Honeycutt Road
Fuquay-Varina, NC 27526 Expiration of Acceptance: July 23, 2009
Project: Northeast Judd Parkway Extension County: Wake
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved. You must also comply with all other state, federal or local
government permits, reguiations or authorizations associated with the proposed activity including SL 2008-152: An Act to Promote
Compensatory Mitigation by Private Mitigation Banks.
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin
CU
Location
Stream (feet) Wetlands (acres) Buffer I Buffer Il
(Sq. Ft.) (Sq. Ft.)
Cold Cool Warm Riparian
Non -Riparian
Coastal Marsh
Impact Neuse
03020201
0 0 0 0.314
0.387
0 0 0
Credits Neuse
03020201
0 0 0 0.628
0.774
0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the
U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone] or Kelly Williams at
[phone].
Sincerely,
Wt 'a D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Jamie Shern, USACE-Raleigh
Eric Kulz, NCDWQ-Raleigh
Todd Tugwell, agent
File
lZmtDYl l29... 'E ... Protect, OGLf'' StLi&
e�A
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-16521919-715-04761 www.nceep.net

E a r t h M a r k
MITIGATION SERVICES
12800 University Drive, Ste. 400, Fort Myers, FL 33907
December 8, 2008
Re: Letter of Reservation for Riparian Buffer Mitigation Units from Forest Creek
Riparian Buffer Mitigation Bank
Dear Sir or Madam:
The Town of Fuquay-Varina has reserved 93,738 Riparian Buffer Mitigation Units with
the Forest Creek Riparian Buffer Mitigation Bank to offset the adverse environmental
impacts due to the development and construction of the Judd Parkway Project.
Please do not hesitate to contact me for any questions or concerns at [phone].
Sincerel ,
Matt R. Fisher
Director of New Business Development

E a r t h M a r k
MITIGATION SERVICES
12800 University Drive, Ste. 400, Fort Myers, FL 33907
December 8, 2008
Re: Letter of Reservation for Stream Bank Units from Forest Creek Mitigation Bank
Dear Sir or Madam:
The Town of Fuquay-Varina has reserved 698 Stream Mitigation Units (SMU) with the
Forest Creek Mitigation Bank to offset the adverse environmental impacts due to the
development and construction of the Judd Parkway Project.
Please do not hesitate to contact me for any questions or concerns at [phone].
Sincerely,
Matt R. Fisher
Director of New Business Development

Attachment E — Qualitative Cumulative Impact Analysis

Qualitative Cumulative Impact Analysis
Pursuant to guidance associated with Section XII of the Preconstruction Notification
Application, the following brief analysis was conducted to determine the potential cumulative
impact associated with the proposed project. This analysis generally follows DWQ's cumulative
impact policy, as outlined in the memo of April 10, 2004.
Is growth likely to be induced by the project? Yes. The project includes construction on a new
location, and the project corridor is located near a rapidly urbanizing area. As a result, the
project is likely to encourage growth in a relatively small area; however, the growth would likely
occur without the roadway project, but at a slower rate. The purpose of the proposed project is
not to induce growth, but rather to allow for improved traffic flow in and around the Town. The
parcels that would be most affected by increased development pressure are shown in Figure 4.
These parcels measure approximately 358 acres in size. Other parcels in the area have already
been developed for commercial, institutional, or residential uses, establishing a geographic limit
the extent of potential growth -inducing effects of the project.
Most of the parcels adjoining the proposed corridor already abut existing roads. It is likely that
several of these parcels would still be developed over time, even if the Judd Parkway Extension
were not constructed. Currently, many of the parcels along the corridor have limited access to
existing roads due to restrictions put in place by NCDOT or because the volume of traffic
resulting from high density development would be too great for existing roads. There are at least
two potential scenarios that would allow for continued development. One alternative is the
option of lower density development without proposing any new road improvements or
widening. Alternatively, improvements/widening to existing roads along the project corridor
may allow for high density development. It is important to note that neither of these options is
an alternative to the proposed project because they would not meet the objective of routing
traffic around the downtown area. Nevertheless, these alternatives suggest that development
with the parcels abutting the proposed Judd Parkway corridor would likely occur over time even
without the construction of the project.
Are existing uses of the water (as reflected in the classification of the waters) likely to be
impacted by the growth? No. The entire project corridor is contained within the Terrible Creek
watershed, Stream Index # 27-43-15-8-(1). FEMA regulated floodplains are located along the
streams associated with Impact 3 and 4. The classification for this watershed is B (Primary
Recreation, Fresh Water); NSW (Nutrient Sensitive Waters). There are no unique characteristics
about the watershed that would substantially increase the potential for significant cumulative
impacts. The receiving waters are not on the 303(d) list of impaired waterways. (Draft, 2008
List accessed 10/28/2008). Additionally, based on an evaluation of the N.C. Natural Heritage
Program database, the Terrible Creek watershed does not support any know aquatic threatened or
endangered species.

The watershed that contains the project area and parcels that would be affected by growth -
induced development is approximately 1,400 acres in size, roughly bounded by NC 55 to the
south and west, Sunset Lake Road to the east, and Ballentine Dairy Road and James Slaughter
Road to the north. Within this area, the active land use based on interpretation of the 2007 aerial
photos is roughly estimated as 32% (450 acres) forested, 11% (150 acres)
commercial/institutional, 14% (200 acres) agricultural/fallow fields, and 43% (600 acres) single
family residential. The majority of the 358 -acre area that would be most affected by increased
development pressure is currently zoned for medium density residential uses, with small portions
of low density residential, high density residential, and commercial, as shown on the 2008
Comprehensive Land Use Plan (Figure 5 of Attachment A).
The primary impact -causing activity that would have an effect on downstream water quality
would be the addition of impervious surfaces associated with development. This would result in
increased stormwater runoff, which would alter the natural flow regime of receiving waters.
Development also results in increased stormwater runoff containing higher levels of sediments,
nutrients, and pollutants. Typical effects of these changes may include: an increase in the
volume and frequency of flooding events; reduced baseflow; reductions in water quality due to
increased sediment, nutrient and pollutant inputs; stream instability and bank erosion; loss of in -
stream habitat; reductions in aquatic species diversity; and damage to riparian corridors.
There are several federal, state, and local, rules and regulations that govern development within
the parcels that may be affected by growth -induced development resulting from the proposed
project. Some of the relevant rules regulations that apply to the subject watershed are described
below:
Section 401 and 404 of the Clean Water Act — These regulations protect waters of the U.S.,
including wetlands and streams, by requiring the issuance of federal and state authorizations
prior to the initiation of any activity that would result in the placement of dredged or fill material
into waters. These regulations provide for federal and state oversight of activities that may
degrade aquatic resources or violate state water quality standards. In particular, development
proposals that trigger a review by NCDWQ may result in the compulsory addition of stormwater
management facilities, which can substantially reduce the detrimental effects of increase
impervious surfaces and their associated runoff.
National Flood Insurance Program — This is a program that is administered by the Federal
Emergency Management Agency (FEMA), which provides some protection to stream systems
with designated floodplains, including several of the streams located within the parcels adjacent
to the proposed project corridor. Through participation in the program, the municipality
develops a set of ordinances which govern and limit development activities within FEMA -
regulated floodplains. This process serves to limit the effects of development within flood -prone
areas. The Town of Fuquay-Varina has adopted a floodplain management ordinance (Ordinance
No. PZ -06-07) to control the alteration of natural flood plains and stream channels.

Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategies — These are State
rules that have been in place since 1997 that aim to limit the input and effect of nutrients within
the Neuse Basin, which includes the entire project area. One of the primary mechanisms
employed by these rules is the protection of a 50 -foot vegetated buffer along both sides of open
waters and streams shown on the most recent version of county soil survey maps or USGS
topographic maps. These rules also limit nitrogen inputs resulting from new developments, and
require that peak flows for the 1 -year, 24-hour storm do not increase from pre -development
conditions. Not only do these rules result in the protection of riparian zones, but they also
provide for substantial protection against the degradation associated with greater impervious
surfaces. The Town has also adopted a riparian buffer ordinance (Ordinance No. PZ -05-05) to
assist in the protection and preservation of the Neuse River riparian buffers.
Sediment and Erosion Control — The Town of Fuquay-Varina is under the jurisdiction of the
Wake County Sedimentation and Erosion Control Program, which generally uses the standards
established by the North Carolina Sedimentation & Pollution Control Act as amended and the
North Carolina Erosion Control Design Manual. The intent of these rules is to prevent the loss
of sediment from construction sites, which helps protect receiving waters from the effects of
increased sediment loads that can frequently accompany new development and impair
downstream water quality.
National Pollutant Discharge Elimination System NPDES) Phase 11 Stormwater Permit — The
Town of Fuquay-Varina is included on the list of municipalities subject to the requirements of
the NPDES Phase II Stormwater Strategy. A Draft Phase II Stormwater Permit has been issued
for Fuquay-Varina (Permit No. NCS000504). The goal of Phase 11 is to further reduce adverse
impacts to water quality and aquatic habitats by implementing the use of controls on the
unregulated sources of stormwater discharges that have the greatest likelihood of causing
continued environmental degradation. The implementation of Phase 11 results in additional
protection of aquatic resources from polluted stormwater runoff In particular, Phase 11 reduces
the acreage threshold for construction activities requiring stormwater BMPs from 5 acres to 1
acre, and implements a program to address discharges of post -construction stormwater runoff
from new development and redeveloped areas. The post construction stormwater requirements
are, at a minimum, similar to the 401 Water Quality Certification stormwater requirements.
These requirements apply to new construction, and would therefore apply to construction within
parcels adjoining the propose project.
As part of the Phase II approval, Fuquay-Varina has also drafted a Town Policy for Stormwater
Management, included as Attachment F, which establishes the Town's approach to meeting the
Phase 11 requirements. The policy addresses minimum runoff control requirements, including
reducing the post -development runoff rate to pre -development levels for the 1 -year, 24-hour
design storm and the 10 -year, 24-hour design storm, and providing sufficient on-site storage
retention for the first inch of rainfall for 24 to 72 hours.

Are additional regulatory measures needed? No. Due to the protection of the existing
regulations and ordinances mentioned above, we do not believe that additional measures are
needed to protect downstream receiving waters for the effects of additional development that
may be induced by the proposed project. Additionally, all new development that will take place
within the parcels adjacent to the proposed road corridor would be required to connect to the
Town's wastewater treatment system, which limits the potential for untreated domestic
wastewater contamination that could affect downstream primary recreation areas.
In summary, based on the factors identified above, it is not anticipated that growth -induced
development resulting from the proposed project will result in substantial degradation of
downstream receiving waters.

Attachment F — Fuquay-Varina Town Policy for Stormwater Management
and Draft Stormwater Ordinance

TOWN POLICY
TOWN OF FUQUAY-VARINA
Subject:
Number:
Effective Date:
No. of Pages: 39
Stormwater
Management
Supercedes:
Prepared By:
Recommended By:
All Previous
Engineering Dept.
Adopted this day of , 2004
Rose John, Town Clerk
TOWN POLICY FOR STORMWATER MANAGEMENT
Subject: Implementation of a policy for the Town to manage the impact of increased
runoff due to development of land.
1.0 Purpose:
The purpose of this policy is to protect, maintain, and enhance the public health,
safety, and general welfare by establishing minimum requirements and procedures
to control the adverse effects of increased stormwater runoff associated with land
development within the Town of Fuquay-Varina. Proper management of
stormwater runoff will minimize damage to public and private property, insure a
functional drainage system, reduce the effects of development on land and stream
channel erosion, assist in the attainment and maintenance of water quality
standards, enhance the local environment associated with the drainage system,
reduce local flooding and drainage problems, maintain as nearly as possible the
pre -developed runoff characteristics of the area, and facilitate economic
development by mitigating associated flooding and drainage impacts.
The application of this policy and the provisions expressed herein shall be the
minimum stormwater discharge control requirements and shall not be deemed a
limitation or repeal of any other obligations imposed by State statute or judicial

decisions. Consequently, if site characteristics indicate that complying with these
minimum requirements will not provide adequate designs or protection for local
property or residents, it is the designer's responsibility to exceed the minimum
requirements as necessary. The Town Engineer or designee shall be responsible
for the coordination and enforcement of the provisions of this chapter.
2.0 Departments Involved:
Administration
Planning Department
Engineering Department
Public Works Department
3.0 Jurisdiction:
This policy shall apply to all areas within the Planning Jurisdiction (Town Limits
and ET J) as defined on official Town maps that may be amended from time to
time.
4.0 Definitions:
As used in this policy, unless the context clearly indicates otherwise, the
following terms, phrases and words, and their derivatives, shall have the meaning
given herein:
As -built plan. Plans reflecting actual field conditions which may include the
construction plans with any changes identified and shown on the plan.
Designer. A professional who is permitted by the Town of Fuquay-Varina to
prepare and submit plans and studies required by this policy.
Detention structure. A permanent structure for the temporary storage of
stormwater runoff that is designed so as not to create a permanent pool of water.
Develop. The construction, landscaping, clearing projects or any other project
that in any manner alters the natural structure of the landmass.
Development. Any site plan or subdivision.
Developed peak discharge rates. The peak discharge rates, in cubic feet per
second, calculated using Town approved methods and based on developed land
use conditions.
Easement. Right of use over the property of another for a specific purpose or
reservation by the owner of the land for the use of such land by others for a

specific purpose or purposes, and which must be included in the conveyance of
land affected by such easement.
Existing land use conditions. The land use conditions existing at the time the
design plans are submitted for approval, including previously approved upstream
developments.
Impervious surface. Any material that significantly reduces and prevents natural
infiltration of water into the soil. Impervious surfaces include but are not limited
to roof, patios, balconies, decks, streets, parking areas, driveways, sidewalks, and
any concrete, stone, brick, asphalt or compacted gravel surface.
Infiltration. The passage or movement of water into the soil sub -surface.
Maintenance. Any action necessary to preserve drainage and flood control
facilities in proper working condition, so that such facilities shall continue to
comply with the standards of this chapter and to prevent failure of such facilities.
Maintenance shall not include actions taken solely for the purpose of enhancing
the aesthetics aspects associated with the stormwater discharge control facilities.
Off-site stormwater runoff rate. The stormwater runoff resulting from a
designated design storm which flows through the subject site either naturally or
via storm drainage systems from off the subject site. Off-site stormwater runoff
rate shall be calculated assuming contributing offsite properties are fully
developed.
On-site stormwater discharge control facilities. The design and construction of a
facility necessary to control stormwater runoff within and for a single
development.
Opaque Screening. A substance that cannot be seen through when viewed
perpendicularly at the same elevation from the ground to at least a height of six
(6) feet. Composition of the opaque screen may include a wall, fence, landscaped
earthen berm, planted vegetation, existing vegetation, or any appropriate
combination of the elements. At least 75 percent of the planted vegetation shall be
evergreen species locally adapted to the area.
Predevelopment stormwater runoff rate. Stormwater runoff resulting from a
designated design storm with the subject site in its natural condition prior to any
development activity.
Post development stormwater runoff rate. The stormwater runoff resulting from a
designated design storm after the site has been fully developed.

Regional retention/detention facilities. The design and construction of a facility
to control stormwater runoff within or outside a development and for one or more
developments.
Retention structures. A permanent structure that provides for the storage of
runoff and is designed to maintain a permanent pool of water.
Storm drainage facilities. The man-made system of inlets, conduits or other such
facilities, and appurtenances which collect, store and convey stormwater.
Stormwater discharge control design plan. The set of drawings and other
documents that comprise all of the information and specifications for the drainage
systems, structures, concepts and techniques that will be used to control
stormwater discharges as required by this chapter. Also included are the
supporting engineering calculations, input data for any computer analysis, and
results of any computer analysis.
Ten-year and one hundred -year design storms. The stormwater runoff resulting
from a rainfall intensity based on statistical data and of a duration that will
produce the maximum peak rate of runoff for the watershed of interest under
average moisture conditions. A ten-year storm has statistically a 10% chance of
occurring in any given year and a 100 -year storm has statistically a I% chance of
occurring in any given year.
5.0 Scope and Exclusions
5.1 No person shall develop any land without having provided for appropriate
stormwater discharge control measures to control or manage stormwater
runoff, in compliance with this policy, unless exempted under paragraph
5.2.
5.2 The following development activities are exempt from the provisions of
this policy:
5.2.1 Projects grandfathered based on the following criteria:
5.2.1.1 Industrial and commercial projects under construction as of
the effective date of this policy
5.2.1.2 Industrial and commercial projects with approved
construction plans as of the effective date of this policy
5.2.1.3 Industrial and commercial projects within the Town's
review cycle prior to the effective date of this policy
5.2.1.4 Residential single phase projects within the Town's review
cycle, with approved preliminary subdivision plat,
approved construction plans, or under construction as of the
effective date of this policy

5.2.1.5 Residential multi -phase projects within the Town's review
cycle, with approved preliminary subdivision plat,
approved construction plans, or under construction as of the
effective date, with the provision that exempt phases must
be under construction within 5 -years of the effective date of
this policy. If changes to the approved preliminary sub-
division plat result in an increase in the number of lots
and/or an increase in the overall impervious surface area by
ten percent or more, this policy would then apply to that
changed phase of the project.
5.3 Additions or modifications to existing detached single-family dwellings.
5.4 Residential site plans consisting of one single family or one duplex
dwelling, or one structure of a two -unit townhouse dwelling.
5.5 Expansion of existing developments that increases stormwater runoff less
than 10 percent.
5.6 Compliance with this policy would result in greater adverse downstream
impact, such as local flooding, as determined by Town approved
engineering studies.
6.0 Minimum Runoff Control Requirements
The minimum stormwater runoff control requirements shall provide:
6.1 Control measures necessary to control velocities of flow from stormwater
discharge control facilities to a level which will comply with the "North
Carolina Sedimentation Pollution Control Act of 1973";
6.2 Compliance with any applicable local, state, and/or federal Neuse River
Basin and Cape Fear River Basin rules;
6.3 Reduce post -development runoff rate to pre -development runoff rate for
the 1 -year, 24-hour design storm and the 10 -year, 24-hour design storm,
by installing stormwater discharge control facilities.
6.4 Provide sufficient storage volume to retain on-site the runoff from the first
inch of rainfall (first flush) for 24 to 72 hours.
6.5 The Town reserves the right to require additional stormwater management
measures for projects complying with this policy if stormwater runoff
from the project will cause adverse effects on other properties including
without limitation public streets, sidewalks, greenways, and utility
easements.
7.0 Stormwater Control Facilities:
7.1 Stormwater discharge control facilities may include both structural and
nonstructural elements. Natural swales and other natural runoff conduits
shall be retained where practicable, but where additional stormwater

discharge control facilities are required to satisfy the minimum control
requirements, the following measures are examples of what may be used:
7.1.1 Stormwater detention structures (dry basins).
7.1.2 Stormwater retention structures (wet ponds).
7.1.3 Detention swales.
7.1.4 Bio -retention areas (requires geotechnical report to establish
suitability of fill material for bioretention area).
7.1.5 Other methods acceptable to the Town Engineer that meets the
policy requirements and assures no harm to downstream
properties.
7.2 Where detention and retention structures are used, designs that consolidate
these facilities into a limited number of large structures will be preferred
over designs that utilize a large number of small structures.
7.3 Stormwater discharge control design plans can be rejected by the Town
Engineer if they incorporate structures and facilities that will demand
considerable maintenance, will be difficult to maintain, or utilize
numerous small structures if other alternatives are physically possible.
8.0 Design Procedures
All stormwater discharge control facilities shall be designed in accordance with
procedures approved by the Town Engineer. Pre -approved procedures include:
8.1 Peak Runoff Calculation
8.1.1 For drainage areas less than 100 -acres - Rational Method. The
following Intensity -Duration -Frequency chart shall be utilized:
Table 8.1.1 - Fuquay-Varina I -D -F Table
Duration
(minutes)
1 -year
(in/hr)
10 -year
(in/hr)
25 -year
(in/hr)
50 -year
(in/hr)
100 -year
(in/hr)
5
5.10
7.22
8.19
8.96
9.72
10
4.20
6.13
7.01
7.71
8.40
15
3.50
5.25
6.03
6.64
7.24
30
2.38
3.28
4.32
4.80
5.28
60
1.50
2.41
2.84
3.17
3.50
120
0.89
1.37
1.62
1.81
2.00
180
0.65
1.02
1.21
1.35
1.50
360
0.38
0.65
0.77
0.86
0.96
720
0.23
0.39
0.46
0.52
0.57
1440
0.13
0.22
0.27
0.30
0.33
24-hour
rainfall
3.00 inches
5.38 inches
6.41 inches
7.21 inches
8.00 inches

8.1.2 For drainage areas 26 -acres to 640 -acres — U.S. Geological Survey
Water —Resources Investigations Reports 01-4207 (Table 5 - Rural
Flood -Frequency Coastal equations) and 96-4084 (Table 7 — North
Carolina Flood -Frequency Equations).
8.1.3 For drainage areas greater than 640 -acres — United States Army
Corps of Engineers Hydrologic Engineering Center computer
programs HEC -1 or HEC -MMS, or Haestad Methods "Pondpack".
These programs shall include evaluation of multiple sub -basins and
storage areas.
8.2 Runoff Volume Calculation
8.2.1 The "Simple Method" as described by Schueler (1987) and
referenced in NCDENR's "Stormwater Best Management
Practices" dated April 1999 shall be used for calculating the post
development runoff volume resulting from the first inch of rainfall.
8.2.2 For drainage areas up to 640 -acres - Urban Hydrology for Small
Watersheds, TR -55 (Technical Release 55) published by the
Engineering Division, United States Natural Resource
Conservation Service (formerly known as the Soil Conservation
Service) United States Department of Agriculture, June 1986,
except as noted in 8.2.1.
8.2.3 For drainage areas greater than 640 -acres — United States Army
Corps of Engineers Hydrologic Engineering Center computer
programs HEC -1 or HEC -MMS, or Haestad Methods "Pondpack".
These programs shall include evaluation of multiple sub -basins and
storage areas.
8.3 Hydrograph Development
8.3.1 For drainage areas less than 100 -acres — Unit Hydrograph per
"Elements of Urban Stormwater Design" by H. Rooney Malcom,
P.E.
8.3.2 For drainage areas up to 640 -acres - Urban Hydrology for Small
Watersheds, TR -55 (Technical Release 55) published by the
Engineering Division, United States Natural Resource
Conservation Service (formerly known as the Soil Conservation
Service) United States Department of Agriculture, June 1986.
8.3.3 For drainage areas greater than 640 -acres — United States Army
Corps of Engineers Hydrologic Engineering Center computer
programs HEC -1 or HEC -MMS, or Haestad Methods "Pondpack".
These programs shall include evaluation for multiple sub -basins
and storage areas.

8.4 Other hydraulic methods may be used if the designer demonstrates that the
methods are appropriate for the intended use and calibrated to local
conditions.
9.0 Stormwater Discharge Control Design Plan and Report Requirements
9.1 Stormwater discharge control design plans/reports shall include the
following:
9.1.1 Delineation of drainage basins
9.1.2 All project existing and proposed impervious surfaces clearly
delineated and listed in square feet.
9.1.3 All surface waters: FEMA 100 -year floodplain and floodway lines;
flood hazard soils areas; wetlands; reserved open spaces; and the
location, dimensions and arrangements of all drainage ways;
watershed, riparian, and other buffers including associated
setbacks.
9.1.4 A determination that the proposed stormwater discharge control
facility will not create flooding or drainage problems for adjacent
structures for the 10- and 100 -year flood events.
9.1.5 A designation of all easements needed for inspection and
maintenance of the stormwater discharge control facilities. The
location of all stormwater management facilities shall be specified
prior to recording of easements.
9.1.6 A plan for maintenance of all stormwater discharge control
facilities shall be included as part of the stormwater discharge
control design plan. The maintenance plan should include an
estimated maintenance budget.
9.1.7 Landscaping/screening to enhance the aesthetic qualities of the
stormwater discharge control facilities. Landscaping inside
detention/retention basins side slopes is allowed as long as the
landscaping does not significantly decrease storage volume or
create maintenance problems. Any screening used shall be opaque
in nature.
9.2 The hydrologic criteria to be used for the stormwater discharge control
design plans and calculations included on the plans or in the report shall
be as follows:
9.2.1 Post development discharge shall be at pre -development levels for
the 1 -year, 24-hour and 10 -year, 24-hour design storms for all
stormwater discharge facilities.
9.2.2 Emergency spillways will be designed at a minimum for 50 -year
storms.

9.2.3 All stormwater discharge control designs shall be checked using
the 100 -year storm for analysis of local flooding and possible flood
hazards to adjacent structures and/or property.
9.3 Record (as -built) drawings (reproducible mylars and magnetic form in
.dwg or .dxf files) for all stormwater management facilities depicting as -
built conditions including, but not limited to, size, depth, field location and
elevations, must be certified by an authorized registered professional as to
the completeness of the as-builts and that the stormwater management
devices and their installation are in compliance with this policy and the
approved plans, and a copy provided to the Town of Fuquay-Varina for
permanent record.
10.0 Professional Registration Requirements
10.1 Stormwater discharge control design plans shall be prepared by a qualified
registered North Carolina Professional Engineer, using acceptable
engineering standards and practices.
11.0 Ownership and Maintenance of Stormwater Discharge Control Facilities
11.1 Any stormwater discharge control facility that serves a single lot or
development other than detached single-family dwellings and their
accessory uses will be privately owned and continuously maintained by
the served property owners. Stormwater discharge control facilities that
serve detached single-family dwelling developments and their accessory
uses will be privately owned and continuously maintained by the
individual homeowner associations.
11.2 The ownership and continuous maintenance of the stormwater discharge
control facility shall also apply to non-exclusive perpetual easements in
favor of the Town for access to the facility. The Town will not be
responsible for the maintenance of the access easements.
11.3 Maintenance requirements identified under paragraph 9.1.6 of this policy
shall be a part of the deed for the affected property and recorded with the
Wake County Register of Deeds.
11.4 The location and description of the stormwater discharge facility along
with access/maintenance easements shall be indicated on subdivision
map(s) and site plats recorded with the Wake County Register of Deeds.
11.5 Stormwater discharge control facilities shall be inspected a minimum of
once annually by a licensed professional engineer, and inspection reports
submitted to the Town Engineer during the period of December 1 to
December 31 annually. At a minimum, the inspection reports shall
include the information listed in the sample inspection reports included in
Appendix B of this policy.

12.0 Maintenance Agreement for Privately Owned Facilities
12.1 A proposed maintenance agreement (Appendix A) shall be submitted to
the Town for all private on-site stormwater discharge control facilities
prior to the approval of the stormwater discharge control design plan and
recordation of lots in a subdivision to be served by the discharge control
facility. The agreement shall be recorded by the landowner with the Wake
County Register of Deeds prior to subdivision recording and/or building
permit, and shall be binding on all subsequent owners of land served by
the discharge control facility. Such agreement shall be in a form and
content acceptable to the Town and shall be the responsibility of the
private owner. At a minimum, the agreement shall include the following:
12. 1.1 The agreement shall identify who will have the maintenance
responsibility.
12.1.2 The maintenance agreement shall specify how proper maintenance
of the facilities will be accomplished.
12.1.3 The maintenance agreement shall provide for access to the facility
by virtue of non-exclusive perpetual easements, minimum 25 -feet
in width, in favor of the Town, at reasonable times for inspection
by the Town to ensure that the discharge control facilities are
maintained in proper design working condition.
12.1.4 The frequency of inspection of the facilities and submission of
inspection reports to the Town.
12.1.5 Establishment of an escrow account at the time of subdivision/plat
recordation in the amount of 15% of the construction cost of the
facility solely for the maintenance and management of the facility.
The escrow account shall be supplemented annually with a sinking
fund from homeowner association dues or property owner
payments in accordance with an anticipated maintenance schedule
identified under paragraph 9.1.6 of this policy and in addition, 60%
of initial construction costs shall be deposited in the escrow
account within 10 -years following initial construction (such that
the escrow account has 75% of initial construction costs in addition
to maintenance costs), and 100% of initial construction costs
within 20 -years. A certified annual audit of the escrow account
shall be submitted to the Town for its records.
12.1.6 If at any time the Town accepts the facility for public management
and maintenance, the portion of the sinking fund based on initial
construction costs shall be remitted to the Town at time of
acceptance.
12.1.7 Allowance for the Town to recover from the landowner(s) any and
all costs the Town expends to maintain or repair the facilities.
12.1.8 Statements that the Town is not obligated for the maintenance or
repair of the facilities and that the Town shall not be liable for the
condition or operation of the facility.

13.0 Exceptions from Requirements
13.1 The Town Board of Commissioners may grant an exception from the
requirements of this policy if there are unique circumstances applicable to
the site such that strict adherence to the provisions of the policy will result
in unnecessary hardship and not fulfill the intent of the policy.
13.2 A written request for an exception shall be required and shall state the
specific exception sought and the justification therefore. It shall include
descriptions, drawings, calculations and any other information that is
necessary to evaluate the proposed exception.
14.0 Liability
Neither the approval of a plan under the provisions of this policy nor the
compliance with the provisions of this chapter shall relieve any person from the
responsibility for damage to any person or property otherwise imposed by law nor
shall it impose any liability upon the Town of Fuquay-Varina, North Carolina for
damages to any person or property.

ARTICLE I
STORMWATER
9-9053
General Provisions
9-9054
Definitions
9-9055
Administration and Procedures
9-9056
Standards
9-9057
Maintenance
9-9058
Enforcement and Violations
9-9059
Illicit Discharges
9-9060
Effective Date
ARTICLE I
Stormwater
§ 9-9053 GENERAL PROVISIONS
(1) Title. This ordinance shall be officially known as "The Phase II Stormwater Ordinance." It is referred to
herein as "this ordinance."
(2) Authority. The Town Board of Fuquay-Varina is authorized to adopt this ordinance pursuant to North
Carolina law, including but not limited to Article 14, Section 5 of the Constitution of North Carolina; the Charter
and Other Related Laws of the Town of Fuquay-Varina; North Carolina General Statutes 143-214.7 and rules
promulgated by the Environmental Management Commission thereunder; Session Law 2004-163; Chapter 160A, § §
174, 185.
(3) Findings. It is hereby determined that:
(a) Development and redevelopment alter the hydrologic response of local watersheds and increases stormwater
runoff rates and volumes, flooding, soil erosion, stream channel erosion, nonpoint and point source pollution, and
sediment transport and deposition, as well as reducing groundwater recharge;
(b) These changes in stormwater runoff contribute to increased quantities of water -borne pollutants and
alterations in hydrology which are harmful to public health and safety as well as to the natural environment; and
(c) These effects can be managed and minimized by applying proper design and well-planned controls to manage
stormwater runoff from development sites.
(d) Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and federal Phase II
Stormwater Rules promulgated under it, as well as rules of the North Carolina Environmental Management
Commission promulgated in response to federal Phase II requirements, compel certain urbanized areas, including
this jurisdiction, to adopt the minimum stormwater controls such as those included in this ordinance.
(e) Therefore, the Town Board of Fuquay-Varina establishes this set of water quality and quantity regulations to
meet the requirements of state and federal law regarding control of stormwater runoff and discharge.
(4) Purpose.
(a) General. The purpose of this ordinance is to protect, maintain and enhance the public health, safety,
environment and general welfare by establishing minimum requirements and procedures to control the adverse
effects of increased post -development stormwater runoff and nonpoint and point source pollution associated with
new development and redevelopment as well as illicit discharges into municipal stormwater systems. It has been
determined that proper management of construction -related and post -development stormwater runoff will minimize
damage to public and private property and infrastructure, safeguard the public health, safety, and general welfare,
and protect water and aquatic resources.

(b) Specific. This ordinance seeks to meet its general purpose through the following specific objectives and
means:
1. Establishing decision-making processes for development that protect the integrity of watersheds and
preserve the health of water resources;
2. Requiring that new development and redevelopment maintain the pre -development hydrologic response
in their post -development state as nearly as practicable for the applicable design storm in order to reduce
flooding, streambank erosion, nonpoint and point source pollution and increases in stream temperature, and
to maintain the integrity of stream channels and aquatic habitats;
3. Establishing minimum post -development stormwater management standards and design criteria for the
regulation and control of stormwater runoff quantity and quality;
4. Establishing design and review criteria for the construction, function, and use of structural stormwater
BMPs that may be used to meet the minimum post -development stormwater management standards;
5. Encouraging the use of better management and site design practices, such as the use of vegetated
conveyances for stormwater and the preservation of greenspace and other conservation areas to the
maximum extent practicable;
6. Establishing provisions for the long-term responsibility for and maintenance of structural and
nonstructural stormwater BMPs to ensure that they continue to function as designed, are maintained
appropriately, and pose no threat to public safety;
7. Establishing administrative procedures for the submission, review, approval and disapproval of
stormwater management plans, for the inspection of approved projects, and to assure appropriate long-term
maintenance.
8. Coordinating site design plans that include open space and natural areas with Section 9-4080.2 Open
Space Developments, and the "Fuquay-Varina Open Space Plan".
9. Controlling illicit discharges into the municipal separate stormwater system.
(5) Applicability and Jurisdiction
(a) General. Beginning with and subsequent to its effective date, this ordinance shall be applicable to all
development and redevelopment, including, but not limited to, site plan applications, subdivision applications,
building applications, floodplain applications, and grading applications, unless exempt pursuant to Subsection (b) of
this Section, Exemptions, below.
(b) Exemptions:
1. Development that cumulatively disturbs less than one acre and is not part of a larger common plan of
development or sale is exempt from the provisions of this ordinance.
2. Redevelopment that cumulatively disturbs less than one acre and is not part of a larger common plan of
development or sale is exempt from the provisions of this ordinance.
3. Development and redevelopment that disturb less than one acre are not exempt if such activities are part
of a larger common plan of development or sale, even though multiple, separate or distinct activities take
place at different times on different schedules.
4. Activities that are exempt from permit requirements of Section 404 of the federal Clean Water Act, as
specified in 40 CFR 232 (primarily, ongoing farming and forestry activities) are exempt from the
provisions of this ordinance.
5. Projects grandfathered based on the following criteria:
a. Industrial and commercial projects under construction as of the effective date of this policy.
b. Industrial and commercial projects with approved construction plans as of the effective date of this
policy.
c. Industrial and commercial projects within the Town's review cycle prior to the effective date of this
policy.
2

d. Residential single phase projects either within the Town's review cycle, or with approved preliminary
subdivision plat, or approved construction plans, or under construction as of the effective date of this
policy.
e. Residential multi -phase projects either within the Town's review cycle, or with approved preliminary
subdivision plat, or approved construction plans, or under construction as of the effective date of this
policy, with the provision that exempt phases must be under construction within 5 years of the effective
date of this policy. If changes to the approved preliminary subdivision plat result in an increase in the
number of lots and/or an increase in the overall impervious surface area by ten percent or more, this policy
would then apply to that changed phase of the project.
(c) No Development or Redevelopment Until Compliance and Permit. No development or redevelopment shall
occur except in compliance with the provisions of this ordinance or unless exempted. No development for which a
permit is required pursuant to this ordinance shall occur except in compliance with the provisions, conditions, and
limitations of the permit.
(d) Violations Continue. Any violation of provisions existing on the effective date of this ordinance shall
continue to be a violation under this ordinance and be subject to penalties and enforcement under this ordinance
unless the use, development, construction, or other activity complies with the provisions of this ordinance.
(6) Interpretation.
(a) Meaning and Intent. All provisions, terms, phrases, and expressions contained in this ordinance shall be
construed according to the general and specific purposes set forth in Section 9-9053 (4), Purpose. If a different or
more specific meaning is given for a term defined elsewhere in the Code of Ordinances of the Town of Fuquay-
Varina, the meaning and application of the term in this ordinance shall control for purposes of application of this
ordinance.
(b) Text Controls in Event of Conflict. In the event of a conflict or inconsistency between the text of this
ordinance and any heading, caption, figure, illustration, table, or map, the text shall control.
(c) Authority for Interpretation. The Stormwater Administrator has authority to determine the interpretation of
this ordinance. Any person may request an interpretation by submitting a written request to the Stormwater
Administrator who shall respond in writing within 30 days. The Stormwater Administrator shall keep on file a
record of all written interpretations of this ordinance.
(d) References to Statutes, Regulations, and Documents. Whenever reference is made to a resolution, ordinance,
statute, regulation, manual (including the Design Manual), or document, it shall be construed as a reference to the
most recent edition of such that has been finalized and published with due provision for notice and comment, unless
otherwise specifically stated.
(e) Computation of Time. The time in which an act is to be done shall be computed by excluding the first day
and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed
by the Town of Fuquay-Varina, the deadline or required date of action shall be the next day that is not a Saturday,
Sunday or holiday observed by the Town of Fuquay-Varina. References to days are calendar days unless otherwise
stated.
(f) Delegation of Authority. Any act authorized by this Ordinance to be carried out by the Stormwater
Administrator of the Town of Fuquay-Varina may be carried out by his or her designee.
(g) Usage
1. Mandatory and Discretionary Terms. The words "shall," "must," and "will" are mandatory in nature,
establishing an obligation or duty to comply with the particular provision. The words "may" and "should"
are permissive in nature.
2. Conjunctions. Unless the context clearly indicates the contrary, conjunctions shall be interpreted as
follows: The word "and" indicates that all connected items, conditions, provisions or events apply. The
word "or" indicates that one or more of the connected items, conditions, provisions or events apply.
3. Tense, Plurals, and Gender. Words used in the present tense include the future tense. Words used in the
singular number include the plural number and the plural number includes the singular number, unless the
context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the

feminine gender, and vice versa.
(h) Measurement and Computation. Lot area refers to the amount of horizontal land area contained inside the lot
lines of a lot or site.
(7) Design Manual
(a) Reference to Design Manual
1. The Stormwater Administrator shall use the policy, criteria, and information, including technical
specifications and standards, in the Design Manual as the basis for decisions about stormwater permits and
about the design, implementation and performance of structural and non-structural stormwater BMPs.
2. The Design Manual includes a list of acceptable stormwater treatment practices, including the specific
design criteria for each stormwater practice. Stormwater treatment practices that are designed, constructed,
and maintained in accordance with these design and sizing criteria will be presumed to meet the minimum
water quality performance standards of the Phase II laws.
(b) Relationship of Design Manual to Other Laws and Regulations. If the specifications or guidelines of the
Design Manual are more restrictive or apply a higher standard than other laws or regulations, that fact shall not
prevent application of the specifications or guidelines in the Design Manual.
(c) Changes to Standards and Specifications. If the standards, specifications, guidelines, policies, criteria, or
other information in the Design Manual are amended subsequent to the submittal of an application for approval
pursuant to this ordinance but prior to approval, the new information shall control and shall be utilized in reviewing
the application and in implementing this ordinance with regard to the application.
(d) Amendments to Design Manual
1. The Design Manual may be updated and expanded from time to time, based on advancements in
technology and engineering, improved knowledge of local conditions, or local monitoring or maintenance
experience.
2. Prior to amending or updating the Design Manual, proposed changes shall be generally publicized and
made available for review, and an opportunity for comment by interested persons shall be provided.
(8) Relationship to other laws, regulations, and private agreements
(a) Conflict of Laws. This ordinance is not intended to modify or repeal any other ordinance, rule, regulation or
other provision of law. The requirements of this ordinance are in addition to the requirements of any other
ordinance, rule, regulation or other provision of law, and where any provision of this ordinance imposes restrictions
different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision
is more restrictive or imposes higher protective standards for human or environmental health, safety, and welfare,
shall control.
(b) Private Agreements. This ordinance is not intended to revoke or repeal any easement, covenant, or other
private agreement. However, where the regulations of this ordinance are more restrictive or impose higher standards
or requirements than such easement, covenant, or other private agreement, then the requirements of this ordinance
shall govern. Nothing in this ordinance shall modify or repeal any private covenant or deed restriction, but such
covenant or restriction shall not legitimize any failure to comply with this ordinance. In no case shall the Town of
Fuquay-Varina be obligated to enforce the provisions of any easements, covenants, or agreements between private
parties.
(9) Severability. If the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance
shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the
remainder of any section, subsection, paragraph, subdivision or clause of this ordinance.
§ 9-9054 DEFINITIONS
(1) Terms Defined. When used in this Ordinance, the following words and terms shall have the meaning set forth
in this section, unless other provisions of this Ordinance specifically indicate otherwise.
(a) Built -upon area (BUA): That portion of a development project that is covered by impervious or partially
impervious surface including, but not limited to: buildings; pavement and gravel areas such as roads, parking lots,
and paths; and recreation facilities such as tennis courts. `Built -upon area" does not include a wooden slatted deck,
11

the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving
material absorbs water or allows water to infiltrate through the paving material.
(b) Department: The North Carolina Department of Environment and Natural Resources.
(c) Design Manual: The term Design Manual refers to both the stormwater design manual approved for use in
Phase II jurisdictions by the Department for the proper implementation of the requirements of the federal Phase II
stormwater program, as well as the Standard Specifications and Details of the Town of Fuquay-Varina. All
references herein to the Design Manual are to the latest published edition or revision.
(d) Development: Any land disturbing activity which adds to or changes the amount of impervious or partially
pervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil, other than
rebuilding activity that does not qualify as redevelopment.
(e) Division: The Division of Water Quality in the Department.
(f) High-density project: Any project that exceeds the low density threshold for dwelling units per acre and built -
upon area.
(g) Larger common plan of development or sale: Any area where multiple separate and distinct construction or
land disturbing activities will occur under one plan. A plan is any announcement or piece of documentation
(including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing,
permit application, zoning request, or computer design) or physical demarcation (including but not limited to
boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot.
(h) Low-density project: A residential project that has no more than two dwelling units per acre and twenty-four
percent built -upon area (BUA).
(i) 1 -year, 24-hour storm: The surface runoff resulting from a 24-hour rainfall of an intensity expected to be
equaled or exceeded, on average, once in 12 months and with a duration of 24 hours.
0) 2 -year, 24-hour storm: The surface runoff resulting from a 24-hour rainfall of an intensity expected to be
equaled or exceeded, on average, once in 24 months and with a duration of 24 hours.
(k) 10 -year, 24-hour storm: The surface runoff resulting from a 24-hour rainfall of an intensity expected to be
equaled or exceeded, on average, once in 120 months and with a duration of 24 hours.
(1) Owner: The legal or beneficial owner of land, including but not limited to a mortgagee or vendee in
possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or entity holding
proprietary rights in the property or having legal power of management and control of the property. "Owner" shall
include long-term commercial tenants; management entities, such as those charged with or engaged in the
management of properties for profit; and every person or entity having joint ownership of the property. A secured
lender not in possession of the property does not constitute an owner, unless the secured lender is included within
the meaning of "owner' under another description in this definition, such as a management entity.
(m) Redevelopment: Any rebuilding activity other than a rebuilding activity that results in no net increase in
built -upon area and provides equal or greater stormwater control than the previous development.
(n) Structural BMP: A physical device designed to trap, settle out, or filter pollutants from stormwater runoff; to
alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to approximate the pre -
development hydrology on a developed site; or to achieve any combination of these goals. Structural BMP includes
physical practices such as constructed wetlands, vegetative practices, filter strips, grassed swales, and other methods
installed or created on real property. "Structural BMP" is synonymous with "structural practice", "stormwater
control facility," ..stormwater control practice," ..stormwater treatment practice," "stormwater management
practice," "stormwater control measures," "structural stormwater treatment systems," and similar terms used in this
ordinance.
(o) Substantial progress: For the purposes of determining whether sufficient progress has been made on an
approved plan, one or more of the following construction activities toward the completion of a site or subdivision
plan shall occur: obtaining a grading permit and conducting grading activity on a continuous basis and not
discontinued for more than thirty (30) days; or installation and approval of on-site infrastructure; or obtaining a
building permit for the construction and approval of a building foundation. "Substantial progress" for purposes of
determining whether an approved plan is null and void is not necessarily the same as "substantial expenditures" used

for determining vested rights pursuant to applicable law.
§ 9-9055 ADMINISTRATION AND PROCEDURES
(1) Review and Decision Making Entities
(a) Stormwater Administrator
1. Designation. The Stormwater Administrator shall be the Town Manager or his designee.
2. Powers and Duties. In addition to the powers and duties that may be conferred by other provisions of the
Code of Ordinances of the Town of Fuquay-Varina and other laws, the Stormwater Administrator shall
have the following powers and duties under this ordinance:
a. To review and approve, approve with conditions, or disapprove applications for approval of plans
pursuant to this ordinance.
b. To make determinations and render interpretations of this ordinance.
c. To establish application requirements and schedules for submittal and review of applications and
appeals, to review and make recommendations to the Town Board of Fuquay-Varina on applications for
development or redevelopment approvals.
d. To enforce the provisions of this ordinance in accordance with its enforcement provisions.
e. To maintain records, maps, and official materials as relate to the adoption, amendment, enforcement, or
administration of this ordinance.
f. To provide expertise and technical assistance to the Town Board of Fuquay-Varina, upon request.
g. To designate appropriate other person(s) who shall carry out the powers and duties of the Stormwater
Administrator.
h. To take any other action necessary to administer the provisions of this ordinance.
(2) Review Procedures
(a) Permit Required / Must Obtain a Permit. A stormwater permit is required for all development and
redevelopment unless exempt pursuant to this ordinance. A permit may only be issued subsequent to a properly
submitted and reviewed permit application, pursuant to this section.
(b) Effect of Permit
1. A stormwater permit shall govern the design, installation, and construction of stormwater management
and control practices on the site, including structural BMPs and elements of site design for stormwater
management other than structural BMPs.
2. The permit is intended to provide a mechanism for the review, approval, and inspection of the approach
to be used for the management and control of stormwater for the development or redevelopment site
consistent with the requirements of this ordinance, whether the approach consists of structural BMPs or
other techniques such as low -impact or low-density design. The permit does not continue in existence
indefinitely after the completion of the project; rather, compliance after project construction is assured by
the maintenance provisions of this ordinance.
(c) Authority to File Applications. All applications required pursuant to this Code shall be submitted to the
Stormwater Administrator by the land owner or the land owner's duly authorized agent.
(d) Establishment of Application Requirements, Schedule, and Fees
1. Application Contents and Form. The Stormwater Administrator shall establish requirements for the
content and form of all applications and shall amend and update those requirements from time to time. At a
minimum, the stormwater permit application shall describe in detail how post -development stormwater
runoff will be controlled and managed, the design of all stormwater facilities and practices, and how the
proposed project will meet the requirements of this ordinance.
2. Submission Schedule. The Stormwater Administrator shall establish a submission schedule for
applications. The schedule shall establish deadlines by which complete applications must be submitted for
31

the purpose of ensuring that there is adequate time to review applications, and that the various stages in the
review process are accommodated.
3. Permit Review Fees. The Town Board of Fuquay-Varina shall establish permit review fees as well as
policies regarding refund of any fees upon withdrawal of an application, and may amend and update the
fees and policies from time to time.
4. Administrative Manual. For applications required under this Code, the Stormwater Administrator shall
compile the application requirements, submission schedule, fee schedule, a copy of this ordinance, and
information on how and where to obtain the Design Manual in an Administrative Manual, which shall be
made available to the public.
(e) Submittal of Complete Application
1. Applications shall be submitted to the Stormwater Administrator pursuant to the application submittal
schedule in the form established by the Stormwater Administrator, along with the appropriate fee
established pursuant to this section.
2. An application shall be considered as timely submitted only when it contains all elements of a complete
application pursuant to this ordinance, along with the appropriate fee. If the Stormwater Administrator
finds that an application is incomplete, the applicant shall be notified of the deficient elements and shall be
provided with an opportunity to submit a complete application. However, the submittal of an incomplete
application shall not suffice to meet a deadline contained in the submission schedule established above.
(f) Review. The Stormwater Administrator shall review the application and determine whether the application
complies with the standards of this ordinance.
1. Approval. If the Stormwater Administrator finds that the application complies with the standards of this
ordinance, the Stormwater Administrator shall approve the application. The Stormwater Administrator may
impose conditions of approval as needed to ensure compliance with this ordinance. The conditions shall be
included as part of the approval.
2. Fails to Comply. If the Stormwater Administrator finds that the application fails to comply with the
standards of this ordinance, the Stormwater Administrator shall notify the applicant and shall indicate how
the application fails to comply. The applicant shall have an opportunity to submit a revised application.
3. Revision and Subsequent Review
a. A complete revised application shall be reviewed by the Stormwater Administrator after its re -submittal
and shall be approved, approved with conditions, or disapproved.
b. If a revised application is not re -submitted within one -hundred and twenty (120) calendar days from the
date the applicant was notified, the application shall be considered withdrawn, and a new submittal for the
same or substantially the same project shall be required along with the appropriate submittal fee.
c. One re -submittal of a revised application may be submitted without payment of an additional permit
review fee. Any re -submittal after the first re -submittal shall be accompanied by the appropriate submittal
fee, as established pursuant to this ordinance.
(3) Applications for Approval
(a) Concept Plan and Consultation Meeting. Before a stormwater management permit application is deemed
complete, the Stormwater Administrator or developer may request a consultation on a concept plan for the post -
construction stormwater management system to be utilized in the proposed development project. This consultation
meeting should take place at the time of the preliminary plan of subdivision or other early step in the development
process. The purpose of this meeting is to discuss the post -construction stormwater management measures necessary
for the proposed project, as well as to discuss and assess constraints, opportunities and potential approaches to
stormwater management designs before formal site design engineering is commenced. Local watershed plans, the
Town of Fuquay-Varina Open Space Plan, and other relevant resource protection plans may be consulted in the
discussion of the concept plan. To accomplish this goal the following information should be included in the concept
plan, which should be submitted in advance of the meeting:
1. Existing Conditions / Proposed Site Plans. Existing conditions and proposed site layout sketch plans,
which illustrate at a minimum: existing and proposed topography; perennial and intermittent streams;
7

mapping of predominant soils from soil surveys (when available); boundaries of existing predominant
vegetation and proposed limits of clearing and grading; and location of existing and proposed roads,
buildings, parking areas and other impervious surfaces.
2. Natural Resources Inventory. A written or graphic inventory of the natural resources at the site and
surrounding area as it exists prior to the commencement of the project. This description should include a
discussion of soil conditions, forest cover, geologic features, topography, wetlands, and native vegetative
areas on the site, as well as the location and boundaries of other natural feature protection and conservation
areas such as lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well
setbacks, septic setbacks, etc.). Particular attention should be paid to environmentally sensitive features that
provide particular opportunities or constraints for development.
3. Stormwater Management System Concept Plan. A written or graphic concept plan of the proposed post -
development stormwater management system including: preliminary selection and location of proposed
structural stormwater controls; low impact design elements; location of existing and proposed conveyance
systems such as grass channels, swales, and storm drains; flow paths; location of floodplain/floodway
limits; relationship of site to upstream and downstream properties and drainages; and preliminary location
of proposed stream channel modifications, such as bridge or culvert crossings.
(b) Stormwater Management Permit Application. The stormwater management permit application shall detail
how post -development stormwater runoff will be controlled and managed and how the proposed project will meet
the requirements of this ordinance, including Section 9-9056, Standards. All such plans shall be prepared by a
qualified registered North Carolina professional engineer, surveyor, soil scientist or landscape architect, and the
engineer, surveyor, soil scientist or landscape architect shall perform services only in their area of competence, and
shall verify that the design of all stormwater management facilities and practices meets the submittal requirements
for complete applications, that the designs and plans are sufficient to comply with applicable standards and policies
found in the Design Manual, and that the designs and plans ensure compliance with this ordinance. The submittal
shall include all of the information required in the submittal checklist established by the Stormwater Administrator.
Incomplete submittals shall be treated pursuant to Section 9-9055(2).
(c) As -Built Plans and Final Approval
1. Upon completion of a project, and before a certificate of occupancy shall be granted, the applicant shall
certify that the completed project is in accordance with the approved stormwater management plans and
designs, and shall submit actual "as built" plans for all stormwater management facilities or practices after
final construction is completed.
2. The plans shall show the final design specifications for all stormwater management facilities and
practices and the field location, size, depth, and planted vegetation of all measures, controls, and devices, as
installed. The designer of the stormwater management measures and plans shall certify, under seal, that the
as built stormwater measures, controls, and devices are in compliance with the approved stormwater
management plans and designs and with the requirements of this ordinance. A final inspection and approval
by the Stormwater Administrator shall occur before the release of any performance securities.
(d) Other Permits. No certificate of compliance or occupancy shall be issued by the Inspection Department
without final as -built plans and a final inspection and approval by the Stormwater Administrator, except where
multiple units are served by the stormwater practice or facilities, in which case the Inspection Department may elect
to withhold a percentage of permits or certificates of occupancy until as -built plans are submitted and final
inspection and approval has occurred.
(4) Approvals
(a) Effect of Approval. Approval authorizes the applicant to go forward with only the specific plans and activity
authorized in the permit. The approval shall not be construed to exempt the applicant from obtaining other
applicable approvals from local, state, and federal authorities.
(b) Time Limit/Expiration
1. An approved plan shall become null and void if the applicant has failed to make substantial progress on
the site within one year after the date of approval. The Stormwater Administrator may grant a single, one-
year extension of this time limit, for good cause shown, upon receiving a written request from the applicant
before the expiration of the approved plan.

2. In granting an extension, the Stormwater Administrator may require compliance with standards adopted
since the original application was submitted unless there has been substantial reliance on the original permit
and the change in standards would infringe the applicant's vested rights.
(5) Appeals. Any aggrieved person affected by any decision, order, requirement, or determination relating to the
interpretation or application of this ordinance and made by the Stormwater Administrator may file an appeal to the
Board of Adjustment within 30 days of the written decision. Procedures for filing appeals and for Superior Court
review are covered in Part 9, Chapter 4, Article O, Board of Adjustment.
§ 9-9056 STANDARDS
(1) General Standards. All development and redevelopment to which this ordinance applies shall comply with
the standards of this section.
(2) Development Standards for Low-Density Projects. Low-density projects shall comply with each of the
following standards:
(a) Stormwater runoff from the development shall be transported from the development by vegetated
conveyances to the maximum extent practicable.
(b) The relation of built-upon area and riparian buffers shall be as described in Part 9, Chapter 9, Article G.
(c) The approval of the stormwater permit shall require an enforceable restriction on property usage that runs
with the land, such as a recorded deed restriction or protective covenants, to ensure that future development and
redevelopment maintains the site consistent with the approved project plans.
(3) Development Standards for High-Density Projects. High-density projects shall implement stormwater control
measures that comply with each of the following standards:
(a) The measures shall control and treat the difference in stormwater runoff volume leaving the project site
between the pre- and post-development conditions for, at a minimum, the 1-year, 24-hour storm, the 2-year, 24-hour
storm, and the 10-year, 24-hour storm. Runoff volume drawdown time shall be a minimum of 24 hours, but not
more than 120 hours.
(b) The measures shall provide sufficient storage volume to retain on-site the runoff from the first inch of rainfall
for 24 to 72 hours.
(c) All structural stormwater treatment systems used to meet the requirements of the program shall be designed
to have a minimum of 85% average annual removal for Total Suspended Solids;
(d) General engineering design criteria for all projects shall be in accordance with 15A NCAC 2H .1008(c), as
explained in the Design Manual;
(e) The relation of built-upon area and riparian buffers shall be as described in Part 9, Chapter 9, Article G.
(f) The approval of the stormwater permit shall require an enforceable restriction on property usage that runs
with the land, such as recorded deed restrictions or protective covenants, to ensure that future development and
redevelopment maintains the site consistent with the approved project plans.
(4) Standards for Stormwater Control Measures
(a) Evaluation According to Contents of Design Manual. All stormwater control measures and stormwater
treatment practices (also referred to as Best Management Practices, or BMPs) required under this ordinance shall be
evaluated by the Stormwater Administrator according to the policies, criteria, and information, including technical
specifications and standards and the specific design criteria for each stormwater practice, in the Design Manual. The
Stormwater Administrator shall determine whether they will be adequate to meet the requirements of this ordinance.
(b) Determination of Adequacy of Alternatives. Stormwater treatment practices that are designed, and
constructed, and maintained in accordance with the criteria and specifications in the Design Manual will be
presumed to meet the minimum water quality and quantity performance standards of this ordinance. Whenever an
applicant proposes to utilize a practice or practices not designed and constructed in accordance with the criteria and
specifications in the Design Manual, the applicant shall have the burden of demonstrating that the practice(s) will
satisfy the minimum water quality and quantity performance standards of this ordinance. The Stormwater
Administrator may require the applicant to provide such documentation, calculations, and examples as necessary for
the Stormwater Administrator to determine whether such an affirmative showing is made.
9

(5) Variances. The procedures for applying for a variance are covered in Part 9, Chapter 4, Article O, Board of
Adjustment.
(6) Onsite Wastewater
(a) Standards for Operation and Maintenance. Onsite systems for domestic wastewater covered by this ordinance
shall be operated and maintained so as to avoid adverse effects on surface water and groundwater, including
eutrophication of surface water and microbial or nitrate contamination of groundwater. Septic tank residuals shall be
pumped whenever necessary to assure the proper operation of the system to meet these standards, and the septage
shall be reused or disposed of in a manner that does not present significant risks to human health, surface water or
groundwater.
§ 9-9057 MAINTENANCE
(1) General Standards for Maintenance
(a) Function of BMPs As Intended. The owner of each structural BMP installed pursuant to this ordinance shall
maintain and operate it so as to preserve and continue its function in controlling stormwater quality and quantity at
the degree or amount of function for which the structural BMP was designed.
(b) Annual Maintenance Inspection and Report.
1. The person responsible for maintenance of any structural BMP installed pursuant to this ordinance shall
submit to the Stormwater Administrator an inspection report from a qualified registered North Carolina
professional engineer, surveyor, or landscape architect performing services only in their area of
competence. The inspection report shall contain all of the following:
a. The name and address of the land owner;
b. The recorded book and page number of the lot of each structural BMP;
c. A statement that an inspection was made of all structural BMPs;
d. The date the inspection was made;
e. A statement that all inspected structural BMPs are performing properly and are in compliance with the
terms and conditions of the approved maintenance agreement required by this ordinance; and
f. The original signature and seal of the engineer, surveyor, or landscape architect.
2. All inspection reports shall be on forms supplied by the Stormwater Administrator. An original
inspection report shall be provided to the Stormwater Administrator beginning one year from the date of as -
built certification and each year thereafter on or before the date of the as built certification.
(2) Operation and Maintenance Agreement
(a) In General
1. Prior to the conveyance or transfer of any lot or building site to be served by a structural BMP pursuant
to this ordinance, and prior to issuance of any permit for development or redevelopment requiring a
structural BMP pursuant to this ordinance, the applicant or owner of the site must execute an operation and
maintenance agreement that shall be binding on all subsequent owners of the site, portions of the site, and
lots or parcels served by the structural BMP. Until the transference of all property, sites, or lots served by
the structural BMP, the original owner or applicant shall have primary responsibility for carrying out the
provisions of the maintenance agreement.
2. The operation and maintenance agreement shall require the owner or owners to maintain, repair and, if
necessary, reconstruct the structural BMP, and shall state the terms, conditions, and schedule of
maintenance for the structural BMP. In addition, it shall grant to the Town of Fuquay-Varina a right of
entry in the event that the Stormwater Administrator has reason to believe it has become necessary to
inspect, monitor, maintain, repair, or reconstruct the structural BMP; however, in no case shall the right of
entry, of itself, confer an obligation on the Town of Fuquay-Varina to assume responsibility for the
structural BMP.
3. The operation and maintenance agreement must be approved by the Stormwater Administrator prior to
plan approval, and it shall be referenced on the final plat and shall be recorded with the county Register of
10

Deeds upon final plat approval. A copy of the recorded maintenance agreement shall be given to the
Stormwater Administrator within fourteen (14) days following its recordation.
(b) Special Requirement for Homeowners' and Other Associations. For all structural BMPs required pursuant to
this ordinance and that are to be or are owned and maintained by a homeowners' association, property owners'
association, or similar entity, the required operation and maintenance agreement shall include all of the following
provisions:
1. Acknowledgment that the association shall continuously operate and maintain the stormwater control
and management facilities.
2. Establishment of an escrow account, which can be spent solely for sediment removal, structural,
biological or vegetative replacement, major repair, or reconstruction of the structural BMPs. If structural
BMPs are not performing adequately or as intended or are not properly maintained, the Town of Fuquay-
Varina, in its sole discretion, may remedy the situation, and in such instances the Town of Fuquay-Varina
shall be fully reimbursed from the escrow account. Escrowed funds may be spent by the association for
sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the
structural BMPs, provided that the Town of Fuquay-Varina shall first consent to the expenditure.
3. Both developer contribution and annual sinking funds shall fund the escrow account. Prior to plat
recordation or issuance of construction permits, whichever shall first occur, the developer shall pay into the
escrow account an amount equal to fifteen (15) per cent of the initial construction cost of the structural
BMPs. Two-thirds (2/3) of the total amount of sinking fund budget shall be deposited into the escrow
account within the first five (5) years and the full amount shall be deposited within ten (10) years following
initial construction of the structural BMPs. Funds shall be deposited each year into the escrow account. A
portion of the annual assessments of the association shall include an allocation into the escrow account.
Any funds drawn down from the escrow account shall be replaced in accordance with the schedule of
anticipated work used to create the sinking fund budget.
4. The percent of developer contribution and lengths of time to fund the escrow account may be varied by
the Town of Fuquay-Varina depending on the design and materials of the stormwater control and
management facility.
5. Granting to the Town of Fuquay-Varina a right of entry to inspect, monitor, maintain, repair, and
reconstruct structural BMPs.
6. Allowing the Town of Fuquay-Varina to recover from the association and its members any and all costs
the Town of Fuquay-Varina expends to maintain or repair the structural BMPs or to correct any operational
deficiencies. Failure to pay the Town of Fuquay-Varina all of its expended costs, after forty-five days
written notice, shall constitute a breach of the agreement. The Town of Fuquay-Varina shall thereafter be
entitled to bring an action against the association and its members to pay, or foreclose upon the lien hereby
authorized by the agreement against the property, or both, in case of a deficiency. Interest, collection costs,
and attorney fees shall be added to the recovery.
7. A statement that this agreement shall not obligate the Town of Fuquay-Varina to maintain or repair any
structural BMPs, and the Town of Fuquay-Varina shall not be liable to any person for the condition or
operation of structural BMPs.
8. A statement that this agreement shall not in any way diminish, limit, or restrict the right of the Town of
Fuquay-Varina to enforce any of its ordinances as authorized by law.
9. A provision indemnifying and holding harmless the Town of Fuquay-Varina for any costs and injuries
arising from or related to the structural BMP, unless the Town of Fuquay-Varina has agreed in writing to
assume the maintenance responsibility for the BMP and has accepted dedication of any and all rights
necessary to carry out that maintenance.
(3) Inspection Program
(a) Inspections and inspection programs by the Town of Fuquay-Varina may be conducted or established on any
reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon
complaints or other notice of possible violations; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair
11

records; sampling discharges, surface water, groundwater, and material or water in BMPs; and evaluating the
condition of BMPs.
(b) If the owner or occupant of any property refuses to permit such inspection, the Stormwater Administrator
shall proceed to obtain an administrative search warrant pursuant to G. S. 15-27.2 or its successor. No person shall
obstruct, hamper or interfere with the Stormwater Administrator while carrying out his or her official duties.
(4) Performance Security for Installation and Maintenance
(a) The Town of Fuquay-Varina may, at its discretion, require the submittal of a performance security or bond
with surety, cash escrow, letter of credit or other acceptable legal arrangement prior to issuance of a permit in order
to ensure that the structural BMPs are:
1. Installed by the permit holder as required by the approved stormwater management plan, and/or
2. Maintained by the owner as required by the operation and maintenance agreement.
(b) Amount
1. Installation. The amount of an installation performance security shall be the total estimated construction
cost of the BMPs approved under the permit, plus 25%.
2. Maintenance. The amount of a maintenance performance security shall be the present value of an annuity
of perpetual duration based on a reasonable estimate of the annual cost of inspection, operation and
maintenance of the BMPs approved under the permit, at a discount rate that reflects the jurisdiction's cost
of borrowing minus a reasonable estimate of long term inflation.
(c) Uses of Performance Security
1. Forfeiture Provisions. The performance security shall contain forfeiture provisions for failure, after
proper notice, to complete work within the time specified, or to initiate or maintain any actions which may
be required of the applicant or owner in accordance with this ordinance, approvals issued pursuant to this
ordinance, or an operation and maintenance agreement established pursuant to this ordinance.
2. Default. Upon default of the owner to construct, maintain, repair and, if necessary, reconstruct any
structural BMP in accordance with the applicable permit or operation and maintenance agreement, the
Stormwater Administrator shall obtain and use all or any portion of the security to make necessary
improvements based on an engineering estimate. Such expenditure of funds shall only be made after
requesting the owner to comply with the permit or maintenance agreement. In the event of a default
triggering the use of installation performance security, the Town of Fuquay-Varina shall not return any of
the unused deposited cash funds or other security, which shall be retained for maintenance.
3. Costs in Excess of Performance Security. If the Town of Fuquay-Varina takes action upon such failure
by the applicant or owner, the Town of Fuquay-Varina may collect from the applicant or owner for the
difference should the amount of the reasonable cost of such action exceed the amount of the security held.
4. Refund. Within sixty days of the final approval, the installation performance security shall be refunded to
the applicant or terminated, with the exception of any amount attributable to the cost (plus 25%) of
landscaping installation and ongoing maintenance associated with the BMPs covered by the security. Any
such landscaping shall be inspected one (1) year after installation with replacement for compliance with the
approved plans and specifications and, if in compliance, the portion of the financial security attributable to
landscaping shall be released.
(5) Notice to Owners
(a) Deed Recordation and Indications On Plat. The applicable operations and maintenance agreement and private
stormwater easement pertaining to every structural BMP shall be referenced on the final plat and shall be recorded
with the county Register of Deeds upon final plat approval. If no subdivision plat is recorded for the site, then the
operations and maintenance agreement and private stormwater easement shall be recorded with the county Register
of Deeds so as to appear in the chain of title of all subsequent purchasers under generally accepted searching
principles.
(b) Signage. Where appropriate in the determination of the Stormwater Administrator to assure compliance with
this ordinance, structural BMPs shall be posted with a conspicuous sign stating who is responsible for required
12

maintenance and annual inspection. The sign shall be maintained so as to remain visible and legible.
(6) Records of Installation and Maintenance Activities. The owner of each structural BMP shall keep records of
inspections, maintenance, and repairs for at least five years from the date of creation of the record and shall submit
the same upon reasonable request to the Stormwater Administrator.
(7) Nuisance. The owner of each stormwater BMP, whether structural or non-structural BMP, shall maintain it
so as not to create or result in a nuisance condition.
(8) Private Stormwater Easement. Every structural BMP installed pursuant to this ordinance shall be made
accessible for adequate maintenance and repair by a private stormwater easement. The private stormwater easement
shall provide access to the BMP via a public Right-of-Way. The easement shall be recorded and its terms shall
specify who may make use of the easement and for what purposes.
§ 9-9058 ENFORCEMENT AND VIOLATIONS
(1) General
(a) Authority to Enforce. The provisions of this ordinance shall be enforced by the Stormwater Administrator,
his or her designee, or any authorized agent of the Town of Fuquay-Varina. Whenever this section refers to the
Stormwater Administrator, it includes his or her designee as well as any authorized agent of the Town of Fuquay-
Varina.
(b) Violation Unlawful. Any failure to comply with an applicable requirement, prohibition, standard, or
limitation imposed by this ordinance, or the terms or conditions of any permit or other development or
redevelopment approval or authorization granted pursuant to this ordinance, is unlawful and shall constitute a
violation of this ordinance.
(c) Each Day a Separate Offense. Each day that a violation continues shall constitute a separate and distinct
violation or offense.
(d) Responsible Persons/Entities. Any person who erects, constructs, reconstructs, alters (whether actively or
passively), or fails to erect, construct, reconstruct, alter, repair or maintain any structure, BMP, practice, or condition
in violation of this ordinance shall be subject to the remedies, penalties, and/or enforcement actions in accordance
with this section. Persons subject to the remedies and penalties set forth herein may include any architect, engineer,
builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or
maintains a condition that results in or constitutes a violation of this ordinance, or fails to take appropriate action, so
that a violation of this ordinance results or persists; or an owner, any tenant or occupant, or any other person, who
has control over, or responsibility for, the use or development of the property on which the violation occurs. For the
purposes of this article, responsible person(s) shall include but not be limited to:
1. Person Maintaining Condition Resulting In or Constituting Violation. An architect, engineer, builder,
contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or
maintains a condition that constitutes a violation of this ordinance, or fails to take appropriate action, so
that a violation of this ordinance results or persists.
2. Responsibility For Land or Use of Land. The owner of the land on which the violation occurs, any tenant
or occupant of the property, any person who is responsible for stormwater controls or practices pursuant to
a private agreement or public document, or any person, who has control over, or responsibility for, the use,
development or redevelopment of the property.
(2) Remedies and Penalties. The remedies and penalties provided for violations of this ordinance, whether civil
or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any
order.
(a) Remedies
1. Withholding of Certificate of Occupancy. The Stormwater Administrator or other authorized agent may
refuse to issue a certificate of occupancy for the building or other improvements constructed or being
constructed on the site and served by the stormwater practices in question until the applicant or other
responsible person has taken the remedial measures set forth in the notice of violation or has otherwise
cured the violations described therein.
2. Disapproval of Subsequent Permits and Development Approvals. As long as a violation of this ordinance
13

continues and remains uncorrected, the Stormwater Administrator or other authorized agent may withhold,
and the Town Board may disapprove, any request for permit or development approval or authorization
provided for by any section of Part 9, Planning, Zoning, and Regulation of Development, or any other
ordinance, as appropriate, for the land on which the violation occurs.
3. Injunction, Abatements, etc. The Stormwater Administrator, with the written authorization of the Town
Manager, may institute an action in a court of competent jurisdiction for a mandatory or prohibitory
injunction and order of abatement to correct a violation of this ordinance. Any person violating this
ordinance shall be subject to the full range of equitable remedies provided in the General Statutes or at
common law.
4. Correction as Public Health Nuisance, Costs as Lien, etc. If the violation is deemed dangerous or
prejudicial to the public health or public safety and is within the geographic limits prescribed by North
Carolina G. S. § 160A-193, the Stormwater Administrator, with the written authorization of the Town
Manager, may cause the violation to be corrected and the costs to be assessed as a lien against the property
5. Stop Work Order. The Stormwater Administrator may issue a stop work order to the person(s) violating
this ordinance. The stop work order shall remain in effect until the person has taken the remedial measures
set forth in the notice of violation or has otherwise cured the violation or violations described therein. The
stop work order may be withdrawn or modified to enable the person to take the necessary remedial
measures to cure such violation or violations.
(b) Civil Penalties. Violation of this ordinance may subject the violator to a civil penalty to be recovered in a
civil action in the nature of a debt if the violator does not pay the penalty within 30 days after notice of the violation
is issued by the Stormwater Administrator. Civil penalties may be assessed up to the full amount of penalty to which
the Town of Fuquay-Varina is subject for violations of its Phase II Stormwater permit.
(c) Criminal Penalties. Violation of this ordinance may be enforced as a misdemeanor subject to the maximum
fine permissible under North Carolina law.
(3) Procedures
(a) Initiation/Complaint. Whenever a violation of this ordinance occurs, or is alleged to have occurred, any
person may file a written complaint. Such complaint shall state fully the alleged violation and the basis thereof, and
shall be filed with the Stormwater Administrator, who shall record the complaint. The complaint shall be
investigated promptly by the Stormwater Administrator.
(b) Inspection. The Stormwater Administrator shall have the authority, upon presentation of proper credentials,
to enter and inspect any land, building, structure, or premises to ensure compliance with this ordinance.
(c) Notice of Violation and Order to Correct.
1. When the Stormwater Administrator finds that any building, structure, or land is in violation of this
ordinance, the Stormwater Administrator shall notify, in writing, the property owner or other person
violating this ordinance. The notification shall indicate the nature of the violation, contain the address or
other description of the site upon which the violation is occurring, order the necessary action to abate the
violation, and give a deadline for correcting the violation. If civil penalties are to be assessed, the notice of
violation shall also contain a statement of the civil penalties to be assessed, the time of their accrual, and
the time within which they must be paid or be subject to collection as a debt.
2. The Stormwater Administrator may deliver the notice of violation and correction order personally or by
designee, by certified or registered mail, return receipt requested, or by any means authorized for the
service of documents by Rule 4 of the North Carolina Rules of Civil Procedure.
3. If a violation is not corrected within a reasonable period of time, as provided in the notification, the
Stormwater Administrator may take appropriate action under this ordinance to correct and abate the
violation and to ensure compliance with this ordinance.
(d) Extension of Time. A person who receives a notice of violation and correction order, or the owner of the land
on which the violation occurs, may submit to the Stormwater Administrator a written request for an extension of
time for correction of the violation. On determining that the request includes enough information to show that the
violation cannot be corrected within the specified time limit for reasons beyond the control of the person requesting
the extension, the Stormwater Administrator may extend the time limit as is reasonably necessary to allow timely
14

correction of the violation, up to, but not exceeding 30 days. The Stormwater Administrator may grant extensions in
addition to the foregoing extension if the violation cannot be corrected within the pennitted time due to
circumstances beyond the control of the person violating this ordinance. The Stormwater Administrator may grant
an extension only by written notice of extension. The notice of extension shall state the date prior to which
correction must be made, after which the violator will be subject to the penalties described in the notice of violation
and correction order.
(e) Enforcement After Time to Correct. After the time has expired to correct a violation, including any
extension(s) if authorized by the Stormwater Administrator, the Stormwater Administrator shall determine if the
violation is corrected. If the violation is not corrected, the Stormwater Administrator may act to impose one or more
of the remedies and penalties authorized by this ordinance.
(f) Emergency Enforcement. If delay in correcting a violation would seriously threaten the effective enforcement
of this ordinance or pose an immediate danger to the public health, safety, or welfare, then the Stormwater
Administrator may order the immediate cessation of a violation. Any person so ordered shall cease any violation
immediately. The Stormwater Administrator may seek immediate enforcement, without prior written notice, through
any remedy or penalty authorized by this article.
§ 9-9059 ILLICIT DISCHARGES
(1) Illicit Discharges. No person shall cause or allow the discharge, emission, disposal, pouring, or pumping
directly or indirectly to any stormwater conveyance, the waters of the State, or upon the land in manner and amount
that the substance is likely to reach a stormwater conveyance or the waters of the State, any liquid, solid, gas, or
other substance, other than stormwater; provided that non-stormwater discharges associated with the following
activities are allowed and provided that they do not significantly impact water quality:
(a) Water line flushing;
(b) Landscape irrigation;
(c) Diverted stream flows;
(d) Rising ground waters;
(e) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20));
(f) Uncontaminated pumped ground water;
(g) Discharges from potable water sources;
(h) Foundation drains;
(i) Air conditioning condensation;
0) Irrigation water;
(k) Springs;
(1) Water from crawl space pumps;
(m) Footing drains;
(n) Lawn watering;
(o) Individual residential car washing;
(p) Flows from riparian habitats and wetlands;
(q) Dechlorinated swimming pool discharges;
(r) Street wash water; and
(s) Other non-stormwater discharges for which a valid NPDES discharge permit has been approved and issued
by the State of North Carolina, and provided that any such discharges to the municipal separate storm sewer system
shall be authorized by the Town of Fuquay-Varina.
(t) Prohibited substances include but are not limited to: oil, anti -freeze, chemicals, animal waste, paints, garbage,
and litter.
15

(2) Illicit Connections
(a) Connections to a stormwater conveyance or stormwater conveyance system that allow the discharge of non-
stormwater, other than the exclusions described in section (1) above, are unlawful. Prohibited connections include,
but are not limited to: floor drains, waste water from washing machines or sanitary sewers, wash water from
commercial vehicle washing or steam cleaning, and waste water from septic systems.
(b) Where such connections exist in violation of this section and said connections were made prior to the
adoption of this provision or any other ordinance prohibiting such connections, the property owner or the person
using said connection shall remove the connection within one year following the effective date of this ordinance.
However, the one-year grace period shall not apply to connections which may result in the discharge of hazardous
materials or other discharges which pose an immediate threat to health and safety, or are likely to result in
immediate injury and harm to real or personal property, natural resources, wildlife, or habitat.
(c) The Stormwater Administrator shall designate the time within which the connection shall be removed where
it is determined that said connection:
1. May result in the discharge of hazardous materials or may pose an immediate threat to health and safety,
or is likely to result in immediate injury and harm to real or personal property, natural resources, wildlife,
or habitat, or
2. Was made in violation of any applicable regulation or ordinance, other than this section.
(d) In setting the time limit for compliance, the Stormwater Administrator shall take into consideration:
1. The quantity and complexity of the work,
2. The consequences of delay,
3. The potential harm to the environment, to the public health, and to public and private property, and
4. The cost of remedying the damage.
(3) Spills
(a) Spills or leaks of polluting substances released, discharged to, or having the potential to be released or
discharged to the stormwater conveyance system, shall be contained, controlled, collected, and properly disposed
All affected areas shall be restored to their preexisting condition.
(b) Persons in control of the polluting substances immediately prior to their release or discharge, and persons
owning the property on which the substances were released or discharged, shall immediately notify the Stormwater
Administrator, Public Utilities Director, and/or Fire Chief, as appropriate, of the release or discharge, as well as
making any required notifications under state and federal law. Notification shall not relieve any person of any
expenses related to the restoration, loss, damage, or any other liability which may be incurred as a result of said spill
or leak, nor shall such notification relieve any person from other liability which may be imposed by State or other
law.
(4) Nuisance. Illicit discharges and illicit connections which exist within the city limits or within one mile
thereof are hereby found, deemed, and declared to be dangerous or prejudiced to the public health or public safety
and are found, deemed, and declared to be public nuisances. Such public nuisances shall be abated in accordance
with the procedures set forth in section 8-4002 Nuisances Prohibited, Enumeration.
§ 9-9060 EFFECTIVE DATE
(1) Effective Date. This Ordinance shall take effect on 200
16