HomeMy WebLinkAboutNCS000393_OTHER_20041108STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
DOC TYPE
❑FINAL PERMIT
❑ ANNUAL REPORT
❑ APPLICATION
❑ COMPLIANCE
CIA5THER
DOC DATE
❑ ���� `��
YYYYMMDD
Michael F. Easley, Governor
Williani,G. Koss Jr., Secretary
North Carolina Department of Environment acid Natural Resources 'i+T
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
November 8, 2004 $'
Mayor Sam C. Rhyne
210 N. Holland St.
Dallas, NC 28034 i
t.
Subject: NPDES Permit Number NCS000393
Town of Dallas
Dear Mr. Rhyne;
On July 12, 2004 the North Carolina General Assembly ratified Senate Bill 1210
(S 1210) -Phase H Stormwater Management. The Governor signed the bill on August 2,
2004. This bill addresses implementation of the federal NPDES Phase 11 stormwater
program in North Carolina.
In S 1210, the General Assembly provided a framework that will allow state and
local government agencies to begin implementing the program. The bill establishes
minimum stormwater management requirements for municipal storm sewer systems and
also applies stormwater controls to some developing areas around these municipalities.
Phase lI Draft permits for local governments were publicly noticed the week of
November 1, 2004 for those communities identified in the 1990 U.S. Census. Your
community's permit has been noticed and copies of the draft permit are available at:
http://h2o.enr.state.nc.us/su/phase2_draft_permits.htm
We look forward to receiving your comments on this draft permit and continuing
to work together for the benefit of your community and North Carolina. All comments
and request should reference draft permit number NCS000393. Please provide your
comments by Friday, December 10, 2004. If you have any questions about this draft
permit don't hesitate to contact me at (919) 733-5083, ext. 545.
Sincerely,
>4--L X26-a
Mike Randall
cc: Stormwater and General Permits Unit
Mooresville Regional Office
�AC
NCO NR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-700 Customer Service
1-877-623-6749
NU DEPT. OF ENVIR0;, 111E;,;7
AND NATt.t^ nRSOURCEg
CAOORES)r'
=FIC
� E
3EP 3 0 2004
y f
Michael P. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Nanual Resources
Alan W. Klimek, P. E. Director
Division of Waler Quality
T coleen li, Sullins, Deputy Director
Division of Water Quality
October 1, 2004
Mayor Sam C. Rhyne
210 N. Holland St.
Dallas, NC 28034
Subject: NPDES Permit Number NCS000393
Town of Dallas
Dear Mr. Rhyne;
Enclosed for your review and comment is the draft Phase 2 NPDES Stormwater
Permit for the town of Dallas. Following an appropriate public notice and comment
period, we anticipate this permit will become effective in the 41h quarter of 2004.
We believe that this draft permit will provide your community with the flexibility
vital for your community, while at the same time safeguarding and protecting our natural
environment for future generations of North Carolinians.
We look forward to receiving your comments on this draft permit and continuing
to work together for the benefit of your community and North Carolina. Please provide
your comments by Friday, October 22, 2004. You will also have an opportunity to
submit comments during the public comment period in November, 2004. If you have any
questions about this draft permit don't hesitate to contact me at (919) 733-5083, ext. 545.
Sincerely,
Mike Randall
Environmental Engineer
cc: Stormwater and General Permits Unit
Mooresville Regional Office
M ENR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 Customer Service
1-877-623-6748
PP7-
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Fe IN
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O� WATF Michael F, Easicy, Governor
� R�G
`OWilliam G. Ross Jr., Secretary
Nortb Carolina Department or Environment and Natural Resources
� �Ujjar)Alan W. Klimek. P. E. Director
Division of Water Quality
0 "C Colecn H. Sullins, Deputy Director
Division of Water Quality
STAFF REVIEW AND EVALUATION
NPDES Stormwater Permit
Facility Name:
NPDES Permit Number:
Facility Location:
Type of Activity:
Receiving Stream:
River Basin:
Stream Classification:
Proposed Pcrmit Requirements
Compliance Schedule:
Basis for Monitoring:
Basis for Other Requirements:
Response Requested by (Date)
DOCUMENTS REVIEWED
Town of Dallas
NCS000393
Town of Dallas
Municipal Separate Storm Sewer System
Little Long Creek and Dallas Branch
Catawba River
C
See attached draft permit
See Part V, Section A of the attached draft permit
Not applicable
Not applicable
October 22. 2004
NPDES Stormwater Permit Application Form
Narrative Application Supplement: Stormwater Management Program Report ;
f
Recommendation: Based on the documents reviewed, the application information submitted on March 10. 2003 is
sufficient to issue an Individual Stormwater Permit.
2-2�
Prepared by (Signature) Date
Stormwater and General Permits Supervisor 14,c.D�.ate 9/ZPiU
Concurrence by Regional Office//� lC i pate
Water Quality Supervisor
Date
N. C. Division of Water Quality 1617 M" Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015
NCDEN R
Customer Service
1-877-623-6749
DRAFT PERMIT NO. NCS000393
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT AND NATURAL RESOURCES
DIVISION of WATER QUALITY
DRAFT PERMIT NO. NCS000393
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Stat to I"43-215.1, other lawful
standards and regulations promulgated and adopted by the Nort � a lina Environmental
Management Commission, and the Federal Water PollutianControl Actas�mended,
Town of Dallas
is hereby authorized to discharge stormwater from their niuriicip° 1 separate storm sewer system
located:
Within the to ofti(lasJurisdictional Area
haston%Connty
to receiving waters, Little Long Credk and Dallas Branch, within the Catawba River basin in
Al accordance with the discharge limitations, rr onitoring requirements, and other conditions set
forth in Parts I, I1,111, IV, V, VI, V,,.Iljand irifl hereof.
This permit shall become effective Month Day, Year.
This permit and the authorization to discharge shall expire at midnight on Month Day, Year.
Signed this day Month Day, Year.
Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
= DEPT.
MOOREC
SEP 3 C 200AA,
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DRAFT PERMIT NO. NCS000393
TABLE OF CONTENTS
PART 1 PERMIT COVERAGE
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
SECTION B: PUBLIC EDUCATION AND OUTREACH
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
PART III PROGRAM ASSESSMENT
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
SECTION C: MONITORING AND RECORDS
PART VI LIMITATIONS REOPENER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIII DEFINITIONS
ft
0
DRAFT PERMIT NO. NCS000393
•
PART I PERMIT COVERAGE
I . During the period beginning on the effective date of the permit and lasting until
expiration, the town of Dallas is authorized to discharge stormwater from the municipal
separate storm sewer system to receiving waters, Little Long Creek and Dallas Branch,
within the Catawba River basin. Such discharge will be controlled, limited and
monitored in accordance with the permittee Comprehensive Stormwater Management
Plan, herein referred to as the Stormwater Plan. The Stormwater Plan includes
components of the permittee's Phase ft Municipal NPDES Stormwater Permit
Application, NPDES Stormwater Permit Application Comprehensive Stormwater
Management Report and any approved modifications.
2. All discharges authorized herein shall be adequately managed in accordance with the
terms and conditions of this permit. Any other point source discharge to surface waters
of the state is prohibited unless it is an allowable non-stormwater discharge or is covered
by another permit, authorization or approval.
This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
4. This permit covers activities associated with the discharge of stormwater from the
municipal storm sewer system within the jurisdictional area of the permittee and
surrounding areas as described in the approved local comprehensive slormwater
management program to control potential pollution from the storm sewer system. The
permit applies to current and future jurisdictional areas of the permittee, as well as areas
that seek coverage under this permit through inter -local or other similar agreements with
permittee. Agreements for coverage under this permit must be approved by the Division
of Water Quality, herein referred to as the Division.
The Division may deny or revoke coverage under this permit for separate entities and
require independent permit coverage as deemed necessary. In addition, the permittee may
petition the Division to revoke or deny coverage under this permit for specific entities.
6. Under the authority of Section 402(p) of the Clean Water Act and implementing
regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1
and Session Law 2004-163 and in accordance with the approved Stormwater Plan all
provisions contained and referenced in the Stormwater Plan are an enforceable part of this
permit. The permittee will develop and implement its approved Stormwater Program in
accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the
Director, and the provisions of this permit.
7. Discharges authorized under this permit shall not cause or contribute to violations of
water quality standards.
Part l Page 1 of 2
DRAFT PERMIT NO. NCS000393
8. The permit authorizes the point source discharge of stormwater runoff from the municipal
storm sewer system. In addition, discharges of non-stormwater are also authorized
through the municipal storm sewer of the permittee if such discharges are:
(a) Permitted by, and in compliance with, another NPDES discharge permit including
discharges of process and non -process wastewater, and stormwater associated
with industrial activity; or
(b) Determined to be incidental non-stormwater flows that do not significantly impact
water quality and may include:
• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters (does not include reclaimed water as described in 15A
NCAC 2H .0200);
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flows from emergency fire fighting.
The Division may require that non-stormwater flows of this type be controlled
by the permittee's Stormwater Plan.
0
Part I Page 2 of 2
DRAFT PERMIT NO. NCS000393
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED
BeDISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittee will implement, manage and oversee all provisions of its Stormwater Plan
to reduce pollutants discharged from the municipal separate storm sewer system. This
includes, but is not limited to, the following areas:
(a) The permittee will develop and maintain adequate legal authorities to implement
all provisions of the Stormwater Plan. The permittee will ]seep the Division
advised of the status of development of appropriate ordinances and legal
authorities and will pursue these authorities in accordance with the schedule
outlined in the Stormwater Plan. Any changes to the schedule must be approved
in accordance with Item 1(1) below.
(b) The permittee's Stormwater Plan will be implemented and managed such that the
discharge of pollutants from the municipal storm sewer system is reduced to the
maximum extent practicable. It is anticipated that in order to meet this provision,
implementation of the Stormwater Plan will occur with emphasis given to priority
areas and to management measures and programs that are most effective and
efficient at varying stages of the plan's implementation.
(c) The permittee will implement the appropriate components of the Stormwater Plan
to assure that, to the maximum extent practicable, illicit connections, spills and
illegal dumping into the municipal storm sewer system are prohibited.
(d) The permittee will implement provisions of the Stormwater Plan as appropriate to
monitor and assess the performance of the various management measures that are
a part of the Stormwater Plan. This will include, but is not limited to, the
provisions of this permit and the applicable provisions of the permittee's
Stormwater Plan.
(e) The permittee will maintain adequate funding and staffing to implement and
manage the provisions of the Stormwater Plan.
(f) The permittee will implement appropriate education, training, outreach, and
public involvement programs to support the objectives of this stormwater
discharge permit and the Stormwater Plan.
(g) The permittee will implement a program to reduce pollution from construction
site runoff as described in the permit application and in accordance with this
permit.
Part CI Page 1 of 10
DRAFT PERMIT NO. NCS000393
(h) The permittee will implement an appropriate post -construction site runoff control
program to regulate new development and redevelopment by requiring structural
and non-structural best management practices to protect water quality, reduce
pollutant loading, and minimize post -development impacts. This program will
include provisions for long-term operation and maintenance of BMPs.
(1) The permittee will evaluate municipal operations and develop and implement an
appropriate program for municipal activities and ongoing operation and
maintenance of municipal facilities to reduce the potential for stormwater
pollution.
0) Proposed permit modifications must be submitted to the Director for approval.
SECTION B: PUBLIC EDUCATION AND OUTREACH
1. Objectives for Public Education and Outreach
(a) Distribute educational materials to the community.
(b) Conduct public outreach activities.
(c) Raise public awareness on the causes and impacts of stormwater pollution.
(d) Inform the public on steps they can take to reduce or prevent stormwater pollution.
2. BMPs for Public Education and Outreach
The permittee shall implement the following BMPs to meet the objectives of the Public
Education and Outreach Program and shall notify the Division prior to modification of any goals.
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(a) Establish a Public
Develop a public education program and
X
X
X
X
X
Education and
implement within 12 months of the permit
Outreach Program
issue date. Incorporate outreach elements
for significant minority and disadvantaged
communities.
(b) Informational Web Site
Develop and maintain internet web site.
X
X
X
X
Post newsletter articles on stormwater,
information on water quality, stormwater
projects and activities, and ways to contact
stormwater many ement program staff.
(c) Public education
Develop general stormwater educational
X
X
X
X
materials for schools,
material targeting school children,
homeowners, and/or
homeowners, and businesses.
businesses
(d) Public education
Distribute written material through utility
X
X
X
X
material dissemination
mailouts, at special events, and at high
traffic businesses.
Part U Page 2 of 10
I
DRAFT PERMIT NO. NCS000393
0
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
Objectives for Public Involvement and Participation
(a) Provide opportunities for the public to participate in program development and
implementation.
(b) Reach out and engage major economic and ethnic groups.
(c) Comply with applicable State and local public notice requirements.
2. BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of
any goals.
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(a) Administer a Public
Conduct a least one public meeting to
X
Involvement Program
allow the public an opportunity to review
and comment on the stormwater
management program.
(b) Organize a volunteer
Organize and implement a volunteer
X
X
X
X
community
stormwater related program designed to
involvement program
promote ongoing citizen participation.
(c) Establish a Citizens
Establish a citizen's advisory panel to
X
X
X
X
Advisory Panel
review the Stormwater Management Plan,
to review the annual report, and to advise
the permittee on the Stormwater
Management Plan.
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
1. Objectives for Illicit Discharge Detection and Elimination
(a) Detect and eliminate illicit discharges, including spills and illegal dumping.
(b) Address significant contributors of pollutants to the storm sewer system. The
permittee may require specific controls for a category of discharges, or prohibit
that discharge completely, if one or more of these categories of sources are
identified as a significant contributor of pollutants to the storm sewer system.
(c) Implement appropriate enforcement procedures and actions.
(d) Develop a storm sewer system map showing all outfalls and waters receiving
discharges.
(e) Inform employees, businesses, and the general public of hazards associated with
illegal discharges and improper disposal of waste.
Part It Page 3 of 10
DRAFT PERMIT NO. NCS000393
2. BMPs for Illicit Discharge Detection and Elimination
The permittee shall implement the following BMPs to meet the objectives of the Illicit
Discharge Detection and Elimination Program and shall notify the Division prior to
modification of any goals.
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(a) Develop/Implement
Develop and implement an Illicit
X
Illicit Discharge
Discharge Detection and Elimination
Detection and
Program. Include provisions for program
Elimination Program
assessment and evaluation.
(b) Establish and
Establish and maintain adequate legal
X
X
maintain appropriate
authorities to prohibit illicit discharges
legal authorities
and enforce approved Illicit Discharge
Detection and Elimination Program.
(c) Develop a Storm
Complete identification, locations of and
X
X
X
X
Sewer System Base
mapping of stormwater drainage system
Map
components. At a minimum, mapping
components includes outfalls, drainage
areas and receiving streams.
(d) Implement illicit
Implement inspection program to detect
X
X
X
X
discharge detection
dry weather flows at system outfalls.
procedures
Establish procedures for tracing the
sources of illicit discharges and for
removing the sources. Develop procedures
for identification of priority areas likely to
have illicit discharges. Continue to
identify, locate, and update map of
drainage system components on a priority
basis per approved Illicit Discharge
Program.
(e) Conduct employee
Conduct training for town staff on
X
X
cross -training
detecting and reporting illicit dischar es.
(f) Provide public
Inform public employees, businesses, and
X
X
education
the general public of hazards associated
with illegal discharges and improper
disposal of waste.
(g) Establish a public
Establish and publicize a reporting
X
X
X
X
reporting mechanism
mechanism for the public to report illicit
discharges.
0
Part H Page 4 of 10
DRAFT PERMIT NO. NCS000393
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stormwater runoff from construction activities disturbing one
or more acres of land surface and those activities less than one acre that are part of
a larger common plan of development.
(b) Provide procedures for public input, sanctions to ensure compliance, requirements
for construction site operators to implement appropriate erosion and sediment
control practices, review of site plans which incorporates consideration of
potential water quality impacts, and procedures for site inspection and
enforcement of control measures.
(c) Establish requirements for construction site operators to control waste such as
discarded building materials, concrete truck washout, chemicals, litter, and
sanitary waste at the construction site that may cause adverse impacts to water
quality.
2. BMPs for Construction Site Runoff Controls
The permittee shall implement the following BMPs to meet the objectives of the
Construction Site Runoff Controls and shall notify the Division prior to modification of any
goals.
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(a) Implement a program
Develop a regulatory mechanism and
X
X
X
X
X
and establish a
implement a program requiring erosion
regulatory mechanism
and sediment controls at construction sites
for erosion and
and providing for sanctions to ensure
sediment control
compliance. Instead of originating a new
program, the permittee may elect to
comply by relying on the NCDENR
Division of Land Resources (DLR)
Erosion and Sediment Control Program,
either as administered by the DLR, or as
delegated by the Sedimentation Control
Commission (SCC) to another entity with
appropriate jurisdiction, including the
permittee. The permittee may rely on the
DLR program only to the extent that that
program satisfies all of the following
BMPs.
(b) Develop requirements
Require construction site operators to
X
X
X
X
X
on construction site
implement erosion and sediment control
operators
BMPs and to control construction site
wastes that may cause adverse water
auality impacts.
Part H Page 5 of 10
DRAFT PERMIT NO. NCS000393
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s1Vleasurable Goals
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(c) Provide educational
New materials may be developed by the
X
X
X
X
and training materials
permittee, or the permittee may use
for construction site
materials adopted from other programs
operators
and adapted to the permittee's
construction runoff controls 2rogram.
(d) Institute plan reviews
Review construction plans and establish
X
X
X
X
X
procedures that incorporate water quality
considerations in construction site plan
reviews.
(e) Establish public
Establish procedures for receipt and
X
X
X
X
X
information procedures
consideration of erosion and
sedimentation information submitted by
the public. Publicize the procedures and
contact information. The procedures must
lead directly to a site inspection or other
timely follow-up action.
(f) Establish inspection
Establish procedures for site inspection
X
X
X
X
X
and enforcement
and enforcement of control measure
procedures
requirements. The procedures should
include prioritizing areas of inspections
based on local criteria.
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SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development / redevelopment that drains to
the MS4 and disturbs an acre or more of land surface, including projects less than
an acre that are part of a larger common plan of development or sale.
(b) Ensure long term operation and maintenance of BMPs.
(c) Ensure controls are in place to minimize water quality impacts.
2. BMPs for Post -Construction Site Runoff Controls
The permittee's stormwater management ordinance and any subsequent amendments and the
additional BMPs below shall be implemented throughout the permittee's jurisdictional area to
meet the objectives of the Post -Construction Site Runoff Control Program.
0
Part 11 Page b of 10
DRAFT PERMIT NO. NCS000393
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(a) (a) Establish a Post
Develop, adopt by ordinance (or similar
X
X
Construction
regulatory mechanism), implement and
Stormwater
enforce a program to address post -
Management Program
construction runoff controls for new
(hereafter the Program)
development and redevelopment. 'fhe
ordinance must be reviewed and approved
by the Department prior to
implementation. Ensure that controls are
in place to prevent or minimize water
quality impacts.
(b) Develop community
Develop guidance material or training
X
X
X
education
class for local developers explaining the
local post -construction approval process.
(c) Establish compliance
Take appropriate actions to address non-
X
X
X
and enforcement
compliance and ensure enforcement of the
procedures
Program.
(d) Establish strategies
Ensure adequate long-term operation and
X
X
X
which include
maintenance of structural BMPs. Require
structural and non-
annual inspection reports of permitted
structural BMPs
structural BMPs performed by a qualified
appropriate for the
professional.
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(e) Ensure structural BMP
Establish pre -construction review of plans
X
X
X
design, construction,
inspection during construction, and post -
operation and
construction acceptance procedures.
maintenenace
Require and review annual BMP
compliance
inspection reports.
(f) Establish a program to
Control the sources of fecal coliform to
X
X
X
control sources of fecal
the maximum extent practicable. Develop
coliform to the
and implement an oversight program to
maximum extent
ensure proper operation and maintenance
practicable
of on -site wastewater treatment systems
for domestic wastewater and conduct an
O&M awareness program for on -site
wastewater treatment system owners.
Municipalities must coordinate this
program with the county health
department.
Part 1.1 Page 7 of 10
DRAFT PERMIT NO. NCS000393
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(g) Establish a buffer
Require that built -upon areas be Iocated at
X
X
requirement
least 30 feet landward of all perennial and
intermittent surface waters. For the
purpose of this permit, a surface water
shall be present if the feature is shown of
either the most recent version of the soil
survey map prepared by the Natural
Resources Conservation Service of the
United States Department of Agriculture
or the recent version of the 1:24,000 scale
(7.5 minute) quadrangle topographic maps
prepared by the United States Geologic
Survey (USGA).
An exception to this requirement may be
allowed when surface waters are not
present in accordance with the provisions
of 15A NCAC 2B .0233 (3)(a).
(h) Ensure long term
Require recorded deed restrictions and
X
X
X
project conformity with
protective covenants to ensure that
the permittee's
subsequent development activities will
Program objective of
maintain the projects consistent with the
minimizing water
permittee's Post -Construction Site Runoff
quality impacts
Controls Program.
(i) Establish low -density
Define low -density projects as having
X
X
X
development
24% or less built -upon area (or no more
requirements
than 2 dwelling units per acre).
Require the use of vegetated conveyances
to the maximum extent practicable.
(j) Establish high -density
Define high -density projects as having
X
X
X
development
greater than 24% built -upon area.
requirements
Control and treat the difference in
stormwater runoff volume leaving the
project site between the pre and post
development conditions for the 1 year 24
hour storm.
Runoff volume draw down time shall be a
minimum of 24 hours, but not more than
Part 11 Page 8 of 10
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DRAFT PERMIT NO. NCS000393
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120 hours;
All structural stormwater treatment
systems used to meet the requirements of
the program shall be designed to have an
85% average annual removal for Total
Suspended Solids;
General Engineering Design Criteria for
all projects shall be in accordance with
15A NCAC 2H .1008(c).
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING
FOR MUNICIPAL OPERATIONS
I Objective for Pollution Prevention and Good Housekeeping for Municipal
Operations
Prevent or reduce stormwater pollution from municipal operations.
2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The permittee shall implement the following BMPs to meet the objectives of the Pollution
Prevention and Good Housekeeping Program and shall notify the Division prior to
modification of any goals.
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(a) Develop an operation
Develop an operation and maintenance
X
X
and maintenance
program that has the ultimate goal of
program
preventing or reducing pollutant runoff
from municipal operations.
(b) Inspection and
Develop an inventory of all facilities and
X
X
X
X
X
evaluation of facilities
operations owned and operated by the
and operations
permittee with the potential for generating
polluted stormwater runoff, Specifically
inspect the potential sources of polluted
runoff, the stormwater controls, and
conveyance systems. Evaluate the sources,
document deficiencies, plan corrective
actions, and document the
accomplishment of corrective actions.
Part][[ Page 9 of 10
DRAFT PERMIT NO. NCS000393
Measura61e3 Goals ` - t th'
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(c) Conduct staff training
Conduct staff training specific for
X
X
pollution prevention and good
housekeeping rocedures.
(d) Review of regulated
Conduct annual review of the industrial
X
X
X
industrial activities
activities that hold a Phase I NPDES
stormwater permit owned and operated by
the permittee. Specifically review the
following aspects: the Stormwater
Pollution Prevention Plan where one is
required, the timeliness of any monitoring
reports required by the Phase I permit, and
the results of inspections and subsequent
follow-up actions at the facilities.
ft
Part H Page 10 of 10
DRAFT PERMIT NO. NCS000393
PART III PROGRAM ASSESSMENT
Implementation of the Stormwater Plan will include documentation of all program
components that are being undertaken including, but not limited to, monitoring and
sampling, inspections, maintenance activities, educational programs, implementation of
BMPs and enforcement actions. Documentation will be kept on -file by the permittee for
a period of five years and made available to the Director or his authorized representative
immediately upon request.
2. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least
on an annual basis. The permittee will submit a report of this evaluation and monitoring
information to the Division on an annual basis. This information will be submitted by
[Set date two months after permit year's end] of each year and cover the previous year's
activities from [Insert start date] to [Insert end date]. The permittee's reporting will
include appropriate information to accurately describe the progress, status and results of
the permittee's Stormwater Plan and will include, but is not limited to, the following
components:
(a) The permittee will give a detailed description of the status of implementation of
the Stormwater Plan. This will include information on development and
implementation of all components of the Stormwater Plan for the past year and
schedules and plans for the year following each report.
(b) The permittee will adequately describe and justify any proposed changes to the
Stormwater Plan. This will include descriptions and supporting information for
the proposed changes and how these changes will impact the Stormwater Plan
(results, effectiveness, implementation schedule, etc.).
(c) The permittee will document any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater Plan.
In addition, any changes in the cost of, or funding for, the Stormwater Plan will be
documented.
(d) The permittee will include a summary of data accumulated as part of the
Stormwater Plan throughout the year along with an assessment of what the data
indicates in light of the Stormwater Plan.
(e) The permittee will provide information on the annual expenditures and budget
anticipated for the year following each report along with an assessment of the
continued financial support for the overall Stormwater Plan.
(f) The permittee will provide a summary of activities undertaken as part of the
Stormwater Plan throughout the year. This summary will include, but is not
limited to, information on the establishment of appropriate legal authorities,
project assessments, inspections, enforcement actions, continued inventory and
Part III Page i of 2
DRAFT PERMIT NO. NCS000393
review of the storm sewer system, education, training and results of the illicit
discharge detection and elimination program.
(g) The permittee will provide information concerning areas of water quality
improvement or degradation. Depending on the level of implementation of the
Stormwater Plan, this information may be submitted based on pilot studies,
individual projects or on a watershed or sub -watershed basis.
3. The Director may notify the permittee when the Stormwater Plan does not meet one or
more of the requirements of the permit. Within 30 days of such notice, the permittee will
submit a plan and time schedule to the Director for modifying the Stormwater Plan to
meet the requirements. The Director may approve the corrective action plan, approve a
plan with modifications, or reject the proposed plan. The permittee will provide
certification in writing (in accordance with Part IV, Paragraph 2) to the Director that the
changes have been made. Nothing in this paragraph shall be construed to limit the
Director's ability to conduct enforcement actions for violations of this permit.
4. The Division may request additional reporting information as necessary to assess the
progress and results of the permittee's Stormwater Plan.
ft
0
Part 1H Page 2 of 2
DRAFT PERMIT NO. NCS000393
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
go1. Monitoring Records
The permittee shall retain records of all monitoring information, including all calibration
and maintenance records and all original chart recordings for continuous monitoring
instrumentation, and copies of all reports required by this permit for a period of at least 5
years from the date of the sample, measurement, report or application. This period may
be extended by request of the Director at any time prior to the end of the five year period.
2. Report Submittals
(a) Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
Department of Environment and Natural Resources
Division of Water Quality
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
(b) All applications, reports, or information submitted to DWQ shall be signed by a
principal executive officer, ranking elected official or duly authorized
representative. A person is a duly authorized representative only if:
(i) The authorization is made in writing by a principal executive officer or
ranking elected official;
(ii) The authorization specified either an individual or a position having
responsibility for the overall operation of a regulated facility or activity or
an individual or position having overall responsibility for
environmentallstormwater matters; and
(iii) The written authorization is submitted to the Director.
(c) Any person signing a document under paragraphs (a) or (b) of this section shall
make the following certification:
1 certify, under penalty of law, that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing
violations."
Part 1V Page I of 3
DRAFT PERMIT NO. NCS000393
3.
4.
5.
6.
Recording Results
For each measurement, sample, inspection or maintenance activity performed or collected
pursuant to the requirements of this permit, the permittee shall record the following
information:
(a) The dates, exact place, and time of sampling, measurements, inspection or
maintenance activity;
(b) The individual(s) who performed the sampling, measurements, inspection or
maintenance activity;
(c) The date(s) analyses were performed;
(d) The individual(s) who performed the analyses;
{e) The analytical techniques or methods used; and
{f) The results of such analyses.
Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes
or activities which could significantly alter the nature or quantity of pollutants discharged.
This notification requirement includes pollutants that are not specifically listed in the
permit or subject to notification requirements in 40 CFR Part 122.42 (a).
Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes
that may result in noncompliance with the permit requirements.
Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any
noncompliance that may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times, and if the noncompliance
has not been corrected, the anticipated time compliance is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
Part N Page 2 of 3
u�
DRAFT PERMIT NO. NCS000393
The Director may waive the written report on a case -by -case basis if the oral report has
been received within 24 hours.
me
7. Annual Reporting
The permittee will submit reporting and monitoring information on an annual basis per
Part III of this permit on forms provided by the DWQ.
8. Additional Reporting
The Director may request reporting information on a more frequent basis as deemed
necessary either for specific portions of the permittee's Stormwater Plan, or for the entire
Program.
9. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in applying
to be covered under this permit or in any report to the Director, it shall promptly submit
such facts or information.
0
0
Part IV Page 3 of 3
DRAFT PERMIT NO. NCS000393
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of permit
coverage upon renewal application.
(a) The permittee shall comply with standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants within the time
provided in the regulations that establish these standards or prohibitions, even if
the permit has not yet been modified to incorporate the requirement.
(b) The Clean Water Act provides that any person who violates a permit condition is
subject to a civil penalty not to exceed the maximum amounts authorized by
Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act
(28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31
U.S.C. §3701 note) (currently $27,500 per day for each violation). Any person
who negligently violates any permit condition is subject to criminal penalties of
$2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year,
or both. Any person who knowingly violates permit conditions is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for
not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $11,000 per violation
with the maximum amount not to exceed $137,500. [Ref: Section 309 of the
Federal Act 33 USC 1319 and 40 CFR 122.41(a)]
(c) Under state law, a daily civil penalty of not more than twenty-five thousand
dollars ($25,000) per violation may be assessed against any person who violates
or fails to act in accordance with the terms, conditions, or requirements of a
permit. [Ref: North Carolina General Statutes 143-215.6A]
(d) Any person may be assessed an administrative penalty by the Administrator for
violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any pennit
condition or limitation implementing any of such sections in a permit issued under
section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative
penalties for Class I violations are not to exceed the maximum amounts
authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties
Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt
Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class H violations
Part V, VI, V11 & VHI Page l of 9
L-1
C�
DRAFT PERMIT NO. NCS000393
are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of
the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461
go note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701
note) (currently $1 1,000 per day for each day during which the violation
continues, with the maximum amount of any Class 11 penalty not to exceed
$ l 37,500).
0
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit that has a reasonable likelihood of adversely affecting human
health or the environment.
3. Civil and Criminal Liability
Nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,
143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319.
Furthermore, the permittee is responsible for consequential damages, such as fish kills,
even though the responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the
permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the
Federal Act, 33 USC 1321.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property
or any invasion of personal rights, nor any infringement of Federal, State or local laws or
regulations.
6. Severability
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder of this permit,
shall not be affected thereby.
Part V, VI, Vfl & V1II Page 2 of 9
DRAFT PERMIT NO. NCS000393
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information
which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the coverage issued pursuant to this permit or to
determine compliance with this permit. The permittee shall also furnish to the Director
upon request, copies of records required by this permit.
S. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person
under this paragraph, punishment is a fine of not more that $20,000 per day of violation,
or by imprisonment of not more than 4 years, or both.
9. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
be maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
10. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any permit
condition.
SECTION B: OPERATION AND MAINTENANCE of POLLUTION
CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are owned and/or operated by
the permittee to achieve compliance with the conditions of this permit. Proper operation
and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision requires the operation of hack -up or auxiliary
facilities or similar systems that are installed by a permittee only when the operation is
necessary to achieve compliance with the conditions of the permit.
Part V, VI, VII & VIII Page 3 of 9
0
0
DRAFT PERMIT NO. NCS000393
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
SECTION C: MONITORING AND RECORDS
1. Representative Sampling
When required herein, stormwater samples collected and measurements taken shall be
characteristic of the volume and nature of the permitted discharge. Analytical stormwater
sampling shall be performed during a representative storm event. These samples shall be
taken on a day and time that is characteristic of the discharge. Where appropriate, all
stormwater samples shall be taken before the discharge joins or is diluted by any other
waste stream, body of water, or substance. When specified herein, monitoring points
established in this permit shall not be changed without notification to and approval of the
Director.
2. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used to ensure the accuracy and
reliability of measurements of the volume of monitored discharges.
3. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting
Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the
Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136.
'ro meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels and all data generated must be reported
down to the minimum detection or lower reporting level of the procedure.
4. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
which discharges through a municipal separate storm sewer system, an authorized
representative of a municipal operator or the separate storm sewer system receiving the
discharge, upon the presentation of credentials and other documents as may be required
by law, to;
(a) Enter upon the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this permit;
Part V, VI, V U& V II I Page 4 of 9
DRAFT PERMIT NO. NCS000393
(b) Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this permit;
(c) Inspect at reasonable times any facilities, equipment (including monitoring and f
control equipment), practices, or operations regulated or required under this permit;
and
(d) Sample or monitor at reasonable times, for the purposes of assuring permit
compliance or as otherwise authorized by the Clean Water Act, any substances or
parameters at any location.
5. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section
308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of
this permit shall be available for public inspection at the offices of the Division of Water
Quality. As required by the Act, analytical data shall not be considered confidential.
Knowingly making any false statement on any such report may result in the imposition of
criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal
Act.
PART VI LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules,
and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A
of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General
Statute 143-215.1 et. al.
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pay the fee in a timely manner in accordance with
15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit.
4
Part V, VI, VU & VI.II Page 5 of 9
DRAFT PERMIT NO. NCS000393
PART VIII DEFINITIONS
meI. Act
0
See Clean Water Act.
2. Best Management Practice (BMA
Measures or practices used to reduce the amount of pollution entering surface waters.
BMPs can be structural or non-structural and may take the form of a process, activity,
physical structure or planning (see non-structural BMP).
3. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
4. Division (DWO)
The Division of Water Quality, Department of Environment and Natural Resources.
5. Director
The Director of the Division of Water Quality, the permit issuing authority.
6. EMC
The North Carolina Environmental Management Commission.
7. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly
analyzed or qualitatively monitored must be taken within the first 30 minutes of
discharge.
8. Hazardous Substance
Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water
Act.
9. Illicit Discharge
Any discharge to a MS4 that is not composed entirely of stormwater except discharges
pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non-
stormwater discharges, and discharges resulting from fire -fighting activities.
Part V, Vl, VU & VI1I Page 6 of 9
DRAFT PERMIT NO. NCS000393
E
it
12
13
Industrial Activity r
For the purposes of this permit, industrial activities shall mean all industrial activities as
defined in 40 CFR 122.26.
Municipal Separate Storm Sewer System (MS4)
Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains):
(i) Owned or operated by the United States, a State, city, town, county, district,
association, or other public body (created by or pursuant to State law) having
jurisdiction over disposal of sewage, industrial wastes, stormwater, or other
wastes, including special districts under State law such as a sewer district, flood
control district or drainage district, or similar entity, or an Indian tribe or an
authorized Indian tribal organization, or a designated and approved management
agency under Section 208 of the Clean Water Act (CWA) that discharges to
waters of the United States or waters of the State.
(ii) Designed or used for collecting or conveying stormwater;
(iii) Which is not a combined sewer; and
(iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40
CFR 122.2 ft
Non-stormwater Discharge Categories
The following are categories of non-stormwater discharges that the permittee must
address if it identifies them as significant contributors of pollutants to the storm sewer
system: water line flushing, landscape irrigation, diverted stream flows, rising
groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR
35.2005(20)], uncontaminated pumped groundwater, discharges from potable water
sources, foundation drains, air conditioning condensation, irrigation water, springs, water
from crawl space pumps, footing drains, lawn watering, individual residential car
washing, flows from riparian habitats and wetlands, dechlorinated swimming pool
discharges, and street wash water (discharges or flows from fire fighting activities are
excluded from the definition of illicit discharge and only need to be addressed where they
are identified as significant sources of pollutants to waters of the United States).
Non-structural BMP
Non-structural BMPs are preventive actions that involve management and source controls
such as: (1) Policies and ordinances that provide requirements and standards to direct
growth to identified areas, protect sensitive areas such as wetlands and riparian areas,
maintain and/or increase open space, provide buffers along sensitive water bodies,
Part V, VI, V❑ & VIIl Page 7 of 9
DRAFT PERMIT NO. NCS000393
minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2)
policies or ordinances that encourage infill development in higher density urban areas,
and areas with existing storm sewer infrastructure; (3) education programs for developers
and the public about minimizing water duality impacts; (4) other measures such as
minimizing the percentage of impervious area after development, use of measures to
minimize directly connected impervious areas, and source control measures often thought
of as good housekeeping, preventive maintenance and spill prevention.
14. Outfall
The point of wastewater or stormwater discharge from a discrete conveyance system. See
also point source discharge of stormwater.
15. Permittee
The owner or operator issued this permit.
16. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited
to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which
stormwater is or may be discharged to waters of the state.
17. Redevelopment
Means any rebuilding activity other than a rebuilding activity that;
G) Results in no net increase in built -upon area, and
(ii) Provides equal or greater stormwater control than the previous development.
18. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at
least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A
single storm event may contain up to 10 consecutive hours of no precipitation. For
example, if it rains for 2 hours without producing any collectable discharge, and then
stops, a sample may be collected if a rain producing a discharge begins again within the
next 10 hours.
19. Section 3 13 Water Priority Chemical
A chemical or chemical category which:
(a) Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency
0 Planning and Community Right -to -Know Act of 1986;
Part V, VI, VU & VIIl Page 8 of 9
e
DRAFT PERMIT NO. NCS000393
(b) Is present at or above threshold levels at a facility subject to SARA title M,
Section 313 reporting requirements; and
{c) That meet at least one of the following criteria:
(i) Is listed in appendix D of 40 CFR Part 122 on either Table II (organic
priority pollutants), Table III (certain metals, cyanides, and phenols) or
Table N (certain toxic pollutants and hazardous substances),
(ii) Is listed as a hazardous substance pursuant to Section 311(b)(2)(A) of the
CWA in 40 CFR 116.4, or
(iii) Is a pollutant for which EPA has published acute or chronic water quality
criteria.
20. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
21. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 0
is
Part V, VI, VII & VIE Page 9 of 9
Table of Contents
NPDES STORM WATER PRASE U
f
r
?)
Applicant Status Information 1
w
Storm Sewer System Information
2
Existing Local Water Quality Programs
2
Receiving Streams
3
Delegation of Authority
3
Signing Official Statement
4
MS4 Contact. Information
4
Reliance on Another Entity to Satisfy One or More of Your Permit Obligations
5
:O Permits and Construction Approvals
5
Narrative Application Supplement
6
Public Education
6
Public Involvement
7
Illicit Discharge Detection and Elimination
7
Public Outreach
9
Construction Site Stormwater Runoff Controls
10
Post Construction Site Management
12
Pollution Prevention/Good Housekeeping for Municipal Operations
14
Appendix A BMP'S
16
Appendix B Delegation of Authority
22
Appendix C Flood Damage Prevention Ordinance
24
Table of Contents Cont
NPDES STORM WATER PHASE 11
Appendix D Organizational Chart 41
Appendix E Contact List 43
Appendix F Advertisements 45
Appendix G NPDES Waster Water Discharge Letter 48
•
0
0
0
State of North Carolina OFFIC USE ONLY
Department of Environment & Natural Resources Date Rec'd
Division of Water Quality Fee PaidPermit Number
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Small MUNICIPAL separate storm sewer system
NPDES STORMWATER Permit Application Form
This form may be photocopied for use as an original
This application form is for use by public bodies seeking NPDES stormwater permit coverage for
small municipal separate storm sewer systems pursuant to Title 1 SA Norih Carolina Administrative
Code 2II.0126. A complete application form includes three copies of the narrative documentation
required in Section IX of this farm. This application and the accompanying narrative
documentation must be completed in accordance with Instruclionsfor Completing Form SWU-264
to be considered a complete application submittal. Incomplete application submittals may he
returned to the applicant.
I. APPLICANT STATUS INFORMATION
a.
Name of Public Entity
Seeking Permit Coverage
Dallas
b.
Ownership Status (federal,
state or local
Local
c.
Type of Public Entity (city,
town, county, prison, school,
etc.
City
d.
Federal Standard Industrial
Classification Code
SIC 91 - 97
e.
County(s)
Gaston
f.
)urisdictional Area (square
miles
1.9
g.
Population
Permanent
3413
Seasonal (if available)
h.
Ten-year Growth Rate
9%
i.
Located on Indian Lands?
❑ Yes ®No
0
•
•
State of North Carolina
Department of Environment & Natural Resources
Division of Water Quality
10. Latitude of Center of MS4 Service Area: 35 18" 57.63"
Longitude of Center of MS4 Service Area: -81 10 35.68"
H. Storm Sewer System Information
OFFIC USE ONLY
Date Rec'd
Fee Paid
Permit Number
a.
Storm Sewer Service Area
(square miles
1.9
b.
River Basin(s)
Catawba
c.
Number of Primary Receiving
Streams
2
d.
Estimated percentage of jurisdictional
area containing the following four land use activities:
•
Residential
70
•
Commercial
15
•
Industrial
10
•
Open Space
5
Total W
100% this was established using the official zoning ma
e.
Are there significant water
quality issues listed in the
attached application report?
❑ Yes ® No
EXISTING LOCAL WATER QUALITY PROGRAMS
a. Local Nutrient Sensitive Waters Strategy
❑ Yes ® No
b. Local Water Supply Watershed Program
® Yes ❑ No
c. Delegated Erosion and Sediment Control Program
❑ Yes ® No
d. CAMA Land Use Plan
❑ Yes ® No
8. Describe your system, in narrative, identifying use of pipe, open channels, to give a general
feel for how the system performs and the general condition of the streams and other water
bodies receiving runoff.: The Town currently uses pipes and open channels to control the flow
of water during a storm. The system performs at an adequate rate but may be compromised during
a large event.
9. Describe the maintenance activities: Currently the Town performs maintenance on an as
needed basis or on a complaint generated basis. There is no dedicated person to perform
maintenance. There is a dedicated budget line item but it only covers the proposed improvement
for that year. Currently the Town does not have an assessment for the storm water system
maintenance.
10. How many full time equivalent positions are used to provide maintenance services,
annually?: 0
2
State of North Carolina OFFIC USE ONLY
Department of Environment & Natural Resources Date Rec'd
Division of Water Quality Fee Paid
0 Permit Number
11. How often is the system inspected for maintenance problems?: as needed or complaint
generated
12. Do you clean catch basins, pipes, and other man-made structures? : Yes
13. What is the frequency of cleaning and the method used? : As needed
14. What is the annual budget for maintenance activities?: As budgeted for improvement for
that year.
15. Describe the methodology used to calculate land use percentages.: Staff develop the land
use percentages by taking the current zoning map and the areas that corresponded to residential,
commercial, industrial, and open space.
1II. Receiving Streams
Complete a table (as shown in Table 1 below) for each river basin within the MS4 service
area. The web sites and resource contacts listed below under Information Sources will help
you locate the information you need.
Information Sources:
Which river basin are you in? http:/Ai2o.enr.state.nc.us/basinwide/whichbasin.htm
Stream Index Numbers:
littp:lili2o.eflf'.stare.nc.tis;b'u1is/Reportsiret)orts\ B.htnli
Water Quality Classifications hitl�:/rh?o.c,�r.stare.nc.us,lbiros+'Re�ortsrreorts�l'i3.11tf�ll
Basin wide Water Quality Plans: html
303(d) List: htth:i!h"o.cnr.state.sic.usi'mruidownic7acl.l�rnil
Table 1. River Basin
Receiving
Stream Name
Stream
Segment
Water Quality
Classification
Use Support
Rating
Water Quality
Issues
Little Long
Creek
11-129-16-9
C
Not Related
Dallas Branch
1 1-129-16-7
C
Not Related
VI. DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff
member. This delegation must name a specific person and position and include documentation
of the delegation action through board action.
a
0
0
State of North Carolina
Department of Environment & Natural Resources
Division of Water Quality
OFFIC USE ONLY
Date Rec'd
Fee Paid
Permit Number
a. Name of person to which permit
John Ferguson
authority has been delegated
b. TitIe/position of person above
Public Utilities Director
c. Documentation of board action delegating permit authority to this person/position must
be provided in the attached application report..
VII. SIGNING OFFICIAL'S STATEMENT
Please see the application instructions to determine who has signatory authority for this
permit application. If authority for the NPDES stormwater permit has been appropriately
delegated through board action and documented in this permit application, the
person/position listed in Section VI above may sign the official statement below.
I certify, under penalty of law, that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of
the person or persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for
knowing violations.
Signature
Name
Sam C. Rhyne
Title
Mayor
Street Address
210 N_ Holland St.
PO Box
City
Dallas
State
NC
Zip
28034
Telephone
704-922-3176
Fax
704-922-4700
E-Mail
Vlll. MS4 CONTACT INFORMATION
Provide the following information for the person/position that will be responsible for day to
day implementation and oversight of the stormwater program.
a. Name of Contact Steve Miller
0 Person
Gl
0
•
0
State of North Carolina
Department of Environment & Natural Resources
Division of Water Quality
OFFIC USE ONLY
Date Rec'd
Fee Paid
Permit Number
b.
'Title
Planner
c.
Street Address
210 N. Holland St.
d.
PO Box
e.
City
Dalias
f.
State
NC
g.
Zip
28034
h.
Telephone Number
704-922-3176
i.
Fax Number
704-824-4700
j.
E-Mail Address
IX.. Reliance on Another Entity to Satisfy One or More of Your Permit Obligations
1. Do you intend that another entity perform one or more of your permit obligations?: Yes
2. If yes, identify each entity and the element they will be implementing:
a.
Do you intend that another
entity perform one or more of
our permit obligations?
® Yes ❑ No
b.
If yes, identify each entity and
the element they will be implementing
•
Name of Entity
NCDENR
•
Element they will implement
Soil and Erosion Control
•
Contact Person
Matt Heller
•
Contact Address
919 N. Main St. Mooresville, NC 28115
•
Contact Telephone Number
704-663-1699
c.
Are legal agreements in place
to establish responsibilities?
❑ Yes ® No
3. Are legal agreements in place to establish responsibilities?: No
X. Permits and Construction Approvals
List permits or construction approvals received or applied for under the following programs:
a. RCRA Hazardous Waste
Management Program
•
•
State of North Carolina
Department of Environment & Natural Resources
Division of Water Quality
OFFIC USE ONLY
Date Rec'd
Fee Paid
Permit dumber
b. UIC program under SDWA
c. NPDES Wastewater Discharge
Received
Permit Number
d. Prevention of Significant
Deterioration (PSD) Program
e. Non Attainment Program
f. National Emission Standards for
Hazardous Pollutants (NESHAPS)
reconstruction approval
g. Ocean dumping permits under the
NIA
Marine Protection Research and
Sanctuaries Act
h. Dredge or fill permits under
section 444 of CWA
XI. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT
Attach three copies of a comprehensive report detailing the proposed stormwater management
program for the five-year permit term. The report shall be formatted in accordance with the Table of
Contents shown below. The required narrative information for each section is provided in the
Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268).
The report must be assembled in the following order, bound with tabs identifying each section by
name, and include a Table of Contents with page numbers for each entry.
1. Public Education
What pollutant source are you trying to address and why? List the targeted pollutants and
give a brief explanation as to why these are selected.:
Trash: Trash will not only contaminate to water within the MS4 but may also cause problems for
the water treatment plant, which is located down stream of the MS4 discharge
Sediment: Sedimentation will not only increase the cost of production for our water plant but also
can clog pipes and other transportation equipment for the storm water
Disposal of household chemicals and used oil: Used oil will contaminate the ground water. The
ground water is were the Town source of water is ultimately obtained from.
Application of lawn care products: Lawn care products which are applied and allowed to run off
into the system help to provided nitrate which several organism live off of These organisms often
have a negative impact on the system
Write a narrative description of the approach you are going to take in your outreach
program.
State of North Carolina OFFIC USE ONLY
Department of Environment & Natural Resources Date Rec'd
Division of Water Quality Fee Paid
• Permit Number
The Town will be taking a multi -stage outreach approach using insert into the utility bills, flyers,
ads, and other materials of that sort. The Town will also educate our employees to ensure that each
and every one of them understands the importance of storm water control and management.
Decision Process: describe the decision process used to create this program element.
The program that the Town has created is the most cost effective program that will provide the
most information at the lowest possible cost to the Town. The education plant will direct the town
focus on the proper way to educate the population. In most cases were a large audience must be
contact it always helps to provide a plan for the administrators to follow. Mailing broachers and
other forms of paper advertisements will allow the Town to target specific population groups and
insure that these groups are aware of the problems associated with stormwater runty. The in house
communication tools will allow each and every employee of the Town to effectively provided
contact information and general knowledge about the effects of stormwater runof. Finally the
advertisement on cable television will provide the viewer who might not be targeted in the other
BMP the ability to be exposed to the effects of stormwater runoff.
2. Public Involvement Program
1. Are you going to comply with the public hearing requirement to meet this minimum
control measure?
Yes
2. Describe the public notice process followed in your community, providing the name and
title of the person responsible for compliance with Legal Notices:
The Town of Dallas public notice policy is as follows: The public hearing is advertised for
twice for two consecutive weeks before the public hearing is held. The first ad will run no
sooner than 25 day before the meeting including the meeting date and no latter then 10 days
before the meeting including the meeting date with the second ad to follow one week later. The
ads will be placed by Steve Miller in the Gaston Gazette.
3. Illicit Discharge Detection and Elimination
You must develop, implement and enforce a program to detect and eliminate illicit discharges [as defined in 40 CFR
122.26(b)(2)] into your MS4. Include the following information to explain your proposed program to meet these
requirements.
1.Storm sewer system map: Describe how you are going to complete a storm sewer system map
of'ouyiX locations. (What sources of information will you use? What form will the map take
(digital, paper map)? What method will you use to verify the accuracy of the locations? Will you
do field verification and if so, will you use any specific technology? How will you update the map,
once data collection begins? Who will keep the map current? Where will the map be located
within the organization far the public to view or review if desired?
The Storm sewer system map will be completed using information gained from the USGS maps
local city and county records. The map will be a paper copy of our current zoning map and will be
updated if any new outfalls are located or created. The accuracy will be verified using on site
7
State of North Carolina OFFIC USE ONLY
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Division of Water Quality Fee Paid
Permit Number
inspection. The map will be keep current by the Public Utilities Director, and will be located in the
public utilities warehouse and the community development files.
2. Regulatory Mechanism
Do you have an ordinance in place that prohibits non-stormwater from your drainage
system? No
3.Describe your process for developing a regulatory mechanism and when you plan on doing
so. Staff will develop a regulator mechanism consisting of an ordinance. Upon developing the
ordinance it is then reviewed by the attorney and forwarded to the Board of Aldermen for a vote.
The ordinance will be developed with in the five-year time frame for implementation.
4. Enforcement Actions
Describe the methodology you will use to take enforcement actions needed when you find an illicit
connection. Include process you will follow if different from the method of adopting or amending
your current ordinance.
The Town will have to develop an ordinance detailing the enforcement action to be taken in case of
an illicit discharge. Currently the Town uses all available remedies to address any type of violation
of the ordinance. The following is a list of the common remedies that the Town has used in the
past: civil citation, abatement, civil injunction, and criminal penalties
S.Detection and Elimination
Describe the plan you are going to follow to find and eliminate illicit connections. Address spills
and illegal dumping controls as well. Include procedures for locating high priority areas in the
community,- procedures for tracing the source of an illicit connection; procedures for removing the
discharge and procedures for program evaluation and assessment.
The Town will use a combination of dry weather checks and water sampling to detect and eliminate
illegal discharges. Using the data collected from the sampling of the outfalls the Town will be able
to locate high priority areas and address these through proper education and enforcement. The
Town will try to locate the illegal discharge of into the stormwater system when through chemical
test a chemical is detected. The easiest and simplest way for the Town to locate the source is by
taking measurement along the feeding and receiving streams until one area can be identified as
having the highest concentration. Visual inspection will take place after the area has been
identified.
6.How will you rind illicit connections?
The town will try to locate illicit connection during the mapping process. Illicit connections that
can be traced during the collection of water samples will be located also. Furthermore gray water
will also be addressed through education programs that inform and encourage the citizens to report
or correct the discharges. Also the Town will be visually inspecting the areas during their normal
. work duties (meter reading, electrical line repairs) as soon as we can train our employees to detect
these connections.
State of North Carolina OFFIC USE ONLY
Department of Environment & Natural Resources Date Rec'd
Division of Water Quality Fee PaidPermit Number
0
7. How will you address spills, within your own operation and within the community?
The Town will respond to spills into our stormwater system that have the potentials to be hazards.
We will use the Hazards Response Guidelines in place in our fire department as overseen by the
County Fire Marshall Jim Pharr,
8. How will you eliminate an illicit connection or discharge?
The Town will plan to eliminate illicit connection or discharges by first educating the population.
After the education phase we will develop an ordinance that will provide us with all the
enforcement ability given to us by the state. We expect this to include civil citation at the least. If
the violation continues then we will seek help from the regional office for NCDENR.
9. How will you evaluate your program and make changes over time?
Our program will be evaluated by using the water quality data collected over the years. If at the
end of five years we do not see a change in the outfalls, which would indicate an increase in water
quality, then we would evaluate our enforcement and detection program to see if changes were
needed.
10. Illicit or Allowable
I . Water line flushing: Allowable
. 2. Landscape irrigation: Allowable
3. Diverted stream flows: Allowable
4. Rising ground waters: Allowable
5. Uncontaminated ground water infiltration(as defined at 40 CFR §35.2005(20)): Allowable
6. Uncontaminated pumped ground water: Allowable
7. Discharges from potable water sources: Allowable
8. Foundation drains: Allowable
9. Air conditioning condensation: Allowable
10. Irrigation water: Allowable
11. Springs: Allowable
12. Water from crawl space pumps: Allowable
13. Footing drains: Allowable
14. Lawn watering: Allowable
15. Individual residential car washing: Allowable
16. Flows from riparian habitats and wetlands: Allowable
17. Dechlorinated swimming pool discharges: Allowable
18. Street wash water: Allowable
I I.Are there other incidental discharges that you will define as NON-STORMWATER and
ILLICIT for purposes within your community? lfyes, describe them and howyou will address
them in your program.
No
r12. Public Outreach
Z
•
State of North Carolina OFFIC USE ONLY
Department of Environment & Natural Resources Date Rec'd
Division of Water Quality Fee Paid
Permit Number
How will you injbrm the public and your employees about the hazards of illicit connections and
illegal dumping? This activity should be coordinated with your Public Education Program and
your Good Housing Keeping Program.
The Town will follow the steps outlined in the Public Education section of this permit. Our
employees who will be dealing with the storm water system will be given the information about the
permit and the necessary steps to implement the permit upon finalization.
13. Program Approach
Describe how you developed your program approach to illicit discharge elimination. How did you
choose your BMPs and your measurable goals?
The town chose it BMPs by examining what it currently has in place. Since the town has never had
enough development pressure to see the effects of stormwater runoff we must start from the ground
level. This includes first mapping the area. Second we must write an ordinance for the Town.
Third we need to educate the employees and officials on the effects of stormwater and determine
which department can most effectively and efficiently manage the program. Lastly is the education
of the public if the Town does not inform the public then we cannot hope to be successful in
implementing the plan. The responsible person for the program as it stands will be John Ferguson.
14. Measurable Goals
Explain how you will evaluate the success of your program. What are the measurable goals for
each BMP?
Goal I Develop an ordinance. The town will develop an ordinance that is easily understood by the
local population. The town will be able to measure the effects of the ordinance by the decrease in
the number of illicit connection or discharges.
Goal 2 Develop a system map. The town will develop a system map for use as a reference material
to developers, citizens, and town official. The town plans on having the whole system mapped in
five years.
Goal 3 The Town wiH, develop a fact sheet that will be placed in public areas inorder to ensure that
the general public will have access to information on illicit discharges.
Goal 4 The town will provide information to the employees on illicit connection. The effects can
be measured by noting the employees complaint and if the complaint had merit.
Goal 5 The town will develop a sop for enforcement. The SOP can be measured by the number of
cases cleared each year.
Goal 6 The town will develop a data base for tracking enforcement action and illicit discharges.
This database will help the town measure the effects of the stormwater controls on the system
4. Construction Site Stormwater Runoff Controls
10
State of North Carolina OFFIC USE ONLY
Department of Environment & Natural Resources Date Rec'd
Division of Water Quality Fee PaidPermit Number
0
1. Are you going to use the State Sediment and Erosion Control program to comply with
this minimum control measure? No
2. If yes, who is responsible for the program in your community?
3. Provide contact information on the local program if it is delegated. If another local
jurisdiction provides this program for your community, attach the interagency agreement
that delineates responsibilities.
4.Describe the methodology that you will use to control sediment and erosion practices within
your community and explain why you choose that particular method for control. Provide a
copy in an Appendix to this application. If this mechanism is not yet developed, describe how
you will develop it and what your schedule is. Include in your mechanism requirements for
BMPs for on site controls for sediment and erosion by construction site operators and on site
controls for other types of waste generated on each impact construction area. The town
will be Iooking at the sediment and erosion control ordinance developed by the Gaston County
Division of Environmental and Natural Resources. This ordinance addresses all major concerns
that sediment and erosion controls causes.
5. Do you have plan review procedures in place for sediment and erosion controls? If you do,
describe them. Estimate the number of site plans you will be reviewing. If you do not have
your procedures in place for plan review, describe how you are going to get a plan in place
and your schedule for doing so. We currently do not have a plan in place for review of
sediment and erosion controls. If the town does adopt the county ordinance then the plan will
already be in place. If the town chooses to not adopt the county ordinance then we will develop a
plan that addresses the concerns. If the town needs to adopt there own plan it will be approved in
the second year of the permit
6. Describe your plan for enforcement actions. Include what enforcement actions you use
and how often you use them. If you do not have your plan in place, describe how you will
develop it and when and what enforcement actions you are considering in your plan. Once
the county erosion and sediment control ordinance is adopted enforcement for the construction site
stormwater runoff controls will be handled through the county. The county will uses all
available enforcement action currently in practice. These range from civil citation to criminal
penalties.
7.Describe your procedures for site inspections and how you prioritize sites. If your plan has
not been developed, cover inspections procedures in your plan and the process you will use to
prioritize the inspections. If the town adopts the county ordinance then all inspection activities
will be handled through them. If the town chooses not to adopt the county ordinance then the town
will perform its own inspections. The town will prioritize sites, which are close to drainage basins
and outfalls. Inspection will be completed during the project construction. If the town adopts the
county ordinance then priority areas will be established with input from both the Town and the
• County.
State of North Carolina OFFIC USE ONLY
Department of Environment & Natural Resources Date Rec'd
Division of Water Quality Fee Paid
Permit Number
'9
$.How do you manage the receipt of information from the public on sediment and erosion
issues within your community.? Is this part of your public education program? If so, how
will you target the appropriate community sector? The town has always received public
comments on project be constructed in the town. Normally we pass this information along to the
developer by asking them to check into the problems correct what they can. If the town adopts the
county ordinance then the town will also allow the county to receive the public comment for us.
9.Describe the process you used (will use) in making decisions about the program for
construction site runoff management. The decision process for the potential adoption of the
county ordinance was based on what would be the most cost effective for the town.
10.How will you evaluate the program? What are your goals and measures for each of your
BMPs? The program will be evaluated by determining how effective the county has been in
enforcement and site plan review. If we can tell a difference in water quality during sampling then
the county ordinance and enforcement will be considered successful. Although we will not base
our decision only on improved water quality. If there is not discernable impairment or degradation
in water quality the Town may also consider the ordinance and enforcement successful.
5. Post Construction Site Management
• Post Construction Management for New and Re -development activities
1. Do you currently have development standards that address stormwater management on
new or redevelopment projects that disturb more than one acre of property? YES
2. Are your standards in an ordinance or other regulatory format that requires plan reviews,
long-term maintenance and use of BMPs for water quality controls? YES
3. Describe current program and how it meets the requirements of the Permit. How does it
address non-structural controls? All new or expanded non-residential uses and structures will
be required to have adequate storm water control measure that must at a minimum include curb and
guttering to keep the storm water form harming neighboring properties.
4. How does it address structural controls? It does not address structural controls
5. Describe your maintenance program, including enforcement mechanism. Currently our
maintenance program uses an as needed approach. Ifthere is a complaint or an employee notices a
problem then the town will address the situation. Also for major projects the town will budget the
estimated cost into the yearly operating budget.
6. Describe your plan review process. Currently the town only reviews plans for compliance
with the subdivision and zoning code. We do how ever have a section on stormwater control. The
builder must only show that the stormwater flows from their property will not interfere with
is another person property.
12
State of North Carolina OFFIC USE ONLY
Department of Environment & Natural Resources Date Read
Division of Water Quality Fee Paid
0 Permit Number
7.0f all your current practices and strategies, list the ones that will be used as on -going BMPs
under this permit. The town will require that developers show that stormwater runolf will not
affect the neighboring properties, and curb and gutter will be required on all major commercial
projects.
S.Do you have requirements for structural BMPs to control stormwater on site for new or
redevelopment activities to control water quality? YES
9. Describe the regulatory mechanism, those controls and how they were selected to control
water quality? Our zoning ordinance requires that all new or redeveloped projects must
submit a plan detailing how they will address stormwater controls if after review it is determined
that the project will need additional requirements than the developer must comply with these
requirements.
10. Do you have a regulatory mechanism to address post -construction controls for water
quality? NO
I I.Describe how you will develop a mechanism, what you are considering and when you will
develop it. The town does not currently have a regulatory mechanism to control post
IS construction. Although we will develop one to address the illicit connection to the system. The
town will plan on developing the ordinance in year three of the storm water permit.
•
12. If yes you have standards to control water quality, is long-term maintenance required and
how is it regulated? If no, describe how you will incorporate maintenance requirements. If
no long-term maintenance strategy is included in your program, describe the process you will
use to establish a long-term maintenance strategy and the schedule you will follow. We
have only had one project come through under the new ordinance that requires the placement of
structural BMP on the property. These BMP were placed on private property owned by the
Homeowner association and will be maintained by them
13. Describe the process you followed in determining your plan of action for this minimum
control measure. Our program will develop BMPs that will need to be followed when
constructing major projects within the town. We foresee these measure being at a minimum
density requirements, curb and gutter, and use of ponds to control drainage.
14. What are your priority areas? The town is not in a water supply watershed and we
are not on any major rivers. Our priority area must be the Little Long Creek because it empties
above our water intake. The problem with this approach is that most of little long creek lies outside
of the town's jurisdiction.
15.What conditions exist in your community that are unique or require tailored BMPs?
None that we can note
13
State of North Carolina OFFIC USE ONLY
Department of Environment & Natural Resources Date Rec`d
Division of Water Quality Fee PaidPermit Number
0
16. Describe your measurable goals and evaluation process. The town will evaluate the
Baseline programs by determining how many corrective steps that the town has taken, such as rip
ran of banks, infiltration ditches, and requirement of lower amounts of impervious area. If the
town can implement some of these programs then we will consider the post construction
management program to meet the intent of the permit.
6. Pollution Prevention/Good Housekeeping for Municipal Operations Pollution
Prevention/Good Housekeeping for Municipal Operations
1. Is your community certified Environmental Management System community. Describe
your program. No the Town of Dallas at this time is not a certified Environmental
Management System community.
2.What are you currently doing that could be considered as BMP strategies under the
Permit? List measures and check to indicate that you are going to use these to comply with
the permit requirements. The Town is currently requiring that builders place curb and
guttering in all new project to help with storm water flow and submit stormwater runoff plans.
3.List the municipal operations that will be impacted by this measure.
Do you operate or maintain:
Maintenance yard
Parks maintenance
Vehicle and equipment maintenance
Drainage .system maintenance
Materials storage yards
Equipment storage
Wastewater treatment plant
Parking garage maintenance
Grounds maintenance, and chemical application
List the municipal operations that must have a separate Industrial NPDES permit. They may
include: * Vehicle maintenance, .fueling and repair facilityfor transportation vehicles (public
transit, ambulances, school buses, dump trucks, garbage haulers, parks vans for special activities
such as programs for the elderly, boat maintenance) * Wastewater treatment plant over I mgd
capacity * Landfill * Recyclables processing center for co -mingled materials * Airport
Mining operations (i.e., borrow area for landfill operation) * Marinas Non at this time
4. Drainage system maintenance: describe your procedures for controlling floatable and other
pollutants from the drainage system. If you do not have a plan, how will you address this in your
permit? The Town will dispose of fioatable such as leaves, limbs, trash, and other items
such as these as the Town cleans the streets. Floatable that may be considered containments or
hazards the town will follow the hazards material handling guidelines that the local fire department
must follow.
14
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Division of Water Quality Fee Paid
0 Permit Number
5. Describe your procedures for maintenance of the drainage system including inspection of
the system. If you do not have a plan, how will you address this in your permit`? The
town will be developing a maintenance plan for the system in the coming years. The plan will
include inspection and maintained of areas when it is determined that they have been compromised
or degraded. Inspection will be the main source of this identification. The inspection will not only
target illicit discharge but will be a review of the system performance. The inspectors will be
qualified through training.
b.Describe controls for reducing pollutants from parking lots, storage yards, waste transfer
stations, outdoor storage areas at vehicle maintenance shops, salt storage and snow disposal
areas. If you do not have a plan, how will you address this in your permit? The town
currently has the entire vehicle in the warehouse stored under a roofed structure, as of this time we
do not store salt or have a snow disposal area. To reduce the pollutants from the parking lot we
will not perform any maintenance on the vehicles in the parking lot.
7. Describe your procedures for the proper disposal of waste removed from your drainage
system? If you do not have a plan, how will you address this in your permit? Non -
hazards waste will be disposed of at the local landfill. Hazards waste will be disposed of following
the guidelines for hazards waste disposal that the local fire department must follow.
8. What are your procedures to incorporate water quality controls within flood management
. projects? If you do not currently consider this in your program of flood management, how
will you address this in your permit? Dallas will use FEMA guidelines inorder to address
these issues along with our adopted flood Damage Prevention Ordinance. See appendix D.
0
9. Describe how you developed your pollution prevention plan for this permit. What
important factors did you consider? The Town will develop a pollution prevention plan as
needed for compliance with the permit. The important factors which will be considered when
developing the plan is overall cost of the approach. Also the town will consider the affected areas
of the potential spills and take appropriate steps to limits and control the effects of the spills.
10. What are your measurable goals and how will you evaluate them? The measurable
goal will include the identification of areas, which are owned by the town and have a potential to
discharge storm waters. These areas will then have an environmental audit conducted. The audit
will provide the town with the necessary knowledge to correct any problems that may be present on
the sites. Beginning in year two the town will develop an implement a program were educational
material is distributed to all of the employees. This will ensure that our employees are educated in
the basic issues involved in stormwater maintenance and effects. Employees who will conduct
hands on maintained and upkeep of the system will be given further training to ensure that they can
answer question from concerned citizens and business on the importance of maintaining the
system.
X
Public Education BMP Summary Table
BMP: Prepare an education plan
Measurable Goals: Prepare education plan in the first 2 years of the permit.
Include in Plan the BMPs, schedule, targeted audiences, and measurable goals.
Summarize plan and implementation progress in each annual report.
Years Committed:Yr 2
Responsible Position/Parry: Planner
Target Audience: School Children Households Business and industry Gas
station owners Do-it-yourself" community Elderly Hispanic community
The reason for these selection(s) of your Target Audience:
The target audience is the people who are most likely to contribute to
stormwater_
BMP: Mailers, brochures, posters
Measurable Goals: Develop mailer for insert in utility bills and implement in
Year 3. Target homeowners and businesses with messages about how they can reduce
pollution picked up by stormwater. Track number of homes and businesses reached
by mailer and report annually.
OYears Committed:Yr 3
Responsible Position/Party: Planner
Target Audience: Households Business and industry Gas station owners
The reason for these selection(s) of your Target Audience:
Often these uses will affect storm water the most. Households may dam up a
natural flow and cause storm water to flow in a different direction, and
business, industry, and gas stations will have large areas of impervious
surface, which does not allow for storm water to be absorbed and adds petroleum
products to the water at the same time.
BMP : Library handouts
Measurable Goals: Develop materials for distribution in local library in Year
one. The message will focus on the single-family homes describing what storm
water is and how it is produced. The town will keep track of how many fliers
are distributed to the local library.
Years Committed:Yr 1
Responsible Position/Party: Planner
Target Audience: School Children Households Elderly
•
The reason for these selection(s) of your Target Audience: These groups will be
the ones who most utilize the Library the most.
Public Involvement Program BMP Summary Table
Illicit Discharge Detection and Elimination BMP Summary Table
BMP: Develop ordinance/amend existing ordinance to include illicit detection,
right of entry, and prohibition of certain discharges, enforcement actions and
penalties for dumping, spills, and willful illicit connections in year three
Measurable Goals: Develop ordinance within 3 year, have ordinance adopted by
elected officials by end of year 4. we will submit the ordinance with our
annual report
Years Committed:Yr 3
Responsible Position/Party: Planner
BMP: Develop system map showing outfalls and the receiving body of water.
Complete one -quarter of the community each year, updating any system changes
within already mapped areas as they occur.
Measurable Goals: Prepare system map beginning in the first year, in support of
inspection program, completing one fifth of the community each year, finishing
in year five. The map will note outfalls and receiving body of water for each
outfall. Report annually on progress.
Years Committed:Yr 1 Yr 2 Yr 3 Yr 4 Yr 5
Responsible Position/Party: Public Utilities Director
BMP: Develop fact sheets for public education program on illicit connections
and spill management. Place in public library and provide to Fire Department
for distribution to industry.
Measurable Goals: Prepare 100 fact sheets and distribute copies to Library and
collections department for public distribution. Complete by end of year 4 and
provide samples in annual report.
Years Committed:Yr 4
Responsible Position/Party: Planner
BMP: Train employees on how to inspect for illicit connections and establish a
tracking system for managing reported problem areas.
Measurable Goals: Provide materials through HR to all employees in organization
on illicit connections and how to recognize one. Complete by end of year 4 upon
completion it will be noted in the annual report
0 Years Committed:Yr 4
9
Responsible Position/Party: Public Utilities Director
HMP: Establish database to track all activities for inspections and follow up
enforcement activities.
Measurable Goals: Complete database development in Year 3. Report annually on
number of inspections and findings.
Years Committed: 2
Responsible. Position/Party: Planner
BHP: Identify responsible party within organization to manage follow up and
enforcement actions.
Measurable Goals: Establish enforcement standing operating procedures in Year
3and report on enforcement actions in each annual report. Provide SOP in fourth
annual report.
Years Committed:Yr 3
Responsible Position/Party: Public Utilities Director
Construction Site Stormwater Runoff Controls BMP Summary Table
0
SMP: Develop the organizational plan, including enforcement and inspection
strategies to manage construction sites in the first year.
Measurable Goals: If the town chooses to adopt the county ordinance then all
enforcement will be handled by persons trained in construction run off.
Years Committed:Yr 1
Responsible Position/Party: Planner
BHP: Establish procedure for plan review of construction site management plans
in first year_ Adopt with overall construction site management program.
Measurable Goals: Once the town has adopted the county ordinance then the
Division of Environmental and Natural resources will review all construction
plans for compliance with the program.
Years Committed:Yr 1
Responsible Position/Party: Planner
9
Post Construction Site Management for New and Re -development activities BMP
Summary Table Y
HMP: Develop standards and policies on BMPs for the development of new
properties or the redevelopment of properties. Consider the following strategies
in your program: a. Policies and ordinances that provide requirements and
standards to direct growth to identified areas b. Policies that protect
sensitive areas such as wetlands and riparian areas C. Policies or
standards that maintain and/or increase open space (including a dedicated
funding source for open space acquisition) d. Policies or standards
that provide buffers along sensitive water bodies e. Policies or
standards that minimize impervious surfaces, f. Policies or standards
that minimize disturbance of soils and vegetation g. Policies or
ordinances that encourage infill development in higher density urban areas,
and areas with existing storm sewer infrastructure; h. Education programs
for developers and the public about project designs that minimize water quality
impacts (coordinate with Public Education minimum control measure) i.
Source control measures often thought of as good housekeeping, preventive
maintenance and spill prevention for new development as part of the
regulatory controls; j. Storage practices such as wet ponds and
extended detention outlet structures; k_ Filtration practices such as
grassed swales, bioretention cells, sand filters and filter strips 1.
Infiltration practices such as infiltration basins and infiltration trenches.
M. Design and control standards to address on site treatment for total
suspended solids removal of 95% n. Standards for density of
development limitations to reduce impervious coverage.
• Measurable Goals: Initiate the development of standards and practices for post -
construction controls in Year 3 and implement in Year 5. Report annually on
progress made, addressing plan review process, number of sites impacted,
inspection practices, and any follow up procedures implemented. In first
report, document procedures followed in adopting program, including any input
from the stakeholder communities.
Years committed:Yr 3
Responsible Position/Party: Planner
Post Construction Site Management for New and Re -development activities BHP
Summary Table
BMP: Complete an inventory of facilities that will be evaluated through an
environmental audit to determine potential pollution contributions.
Measurable Goals: In Year one inventory facilities owned by community and
prioritize them for an environmental audit. Report on number and type
Facilities that you will audit.
Years Committed:Yr 1
Responsible Position/Party: Planner
0
•
0
BMP: Complete environmental audits of all identified facilities and
prioritize recommendations for addressing potential pollution prevention
activities. After completing site environmental audits, annually inspect all
municipal facilities to identify potential for polluting stormwater.
Measurable Goals: in Year three begin environmental audits at priority sites and
complete all audits by Year five. Prioritize recommendations as each audit is
completed and initiate recommendations in the fiscal year following the audit,
except where any extreme hazard or potential human risk is identified. High
hazards will be addressed immediately upon identification. Report annually on
progress toward meeting recommendations. Objective is to reduce pollutant
loading from municipal sites.
Years Committed:Yr 3
Responsible Position/Party: Public Utilities Director
BMP: Develop training materials on pollution prevention for public
facilities, using existing materials gathered from other organizations or
creating new tools as needed. Educate all employees annually on the need for
controls to protect stormwater from exposure to potential pollutants.
Measurable Goals: Begin in Year two the town will educate all employees on clean
water issues and on workplace responsibilities to reduce or eliminate pollutants
from stormwater. Maintain program annually and report on number of employees
trained and subjects covered.
Years Committed:Yr 2
Responsible Position/Party: Public Utilities Director
BMP: Provide training for those employees that maintain the drainage system
with the focus on disposal of floatable, grit, sediment, and other pollutants
removedfrom the system.
Measurable Goals: Beginning in Year2005 provide training to all employees who
maintain the drainage system with a focus on floatable, grit, sediment, and
disposal of pollutants removed from the drainage system. Report annually on
number of employees trained and subjects covered.
Years Committed:Yr 3
Responsible Position/Party: Public Utilities Director
0
A RESOLUTION
STORMWATER PERMIT
DELEGATION OF AUTHORITY
WHEREAS, the Board of Aldermen of the Town of Dallas, North Carolina, finds
that in executing the requirements for the stormwater permit the authority to do so shall
be delegated to the Public Utilities Director
WHEREAS, the federal and state government have required local governments
to complete and implement a stormwater permit.
WHEREAS, the implementation of the permit will be an ongoing project.
NOW, THEREFORE BE IT RESOLVED by the Board of Aldermen of the
Town of Dallas, that the Public Utilities Director is authorized to assume the
responsibilities of implementation, maintenance, and construction of all new and existing
stormwater systems and programs.
Motion to adopt the foregoing resolution made by Alderman John L. Beaty, seconded,
iAlderman E. F. Friday said resolution adopted in regular session, duly assembled, in this
I 1 `h day of February 2003 by the following vote.
Ayes: Aldermen: John L. Beaty, Gregory W. Clemmons, Rick Coleman, E. F. Friday
and Hoyle Withers.
Nays: Aldermen: None
%cholas E. Vlaservich, "]'own Clerk
•
Mayor Sam C. Phy
CHAPTER U
FLOOD DAMAGE PREVENTION ORDINANCE
ARTICLE I. STATUTORY AUTHORIZATION, FINDINGS OF FACT,
. PURPOSE AND OBJECTIVES.
SEC. D—I-1. STATUTORY AUTHORIZATION.
Legislature of the State of north Carolina has in Part b, Article 21 of Chapter 143; Farts 3,
5, and 8 of Article 19 of Chapter WA; and ;article 3 of Chapter 160A of the North Carolina General
Statutes, delegated the responsibility to local govefnmentaL units to adopt regulations designed to
promote the public health, safety, and general welfare of its citizenry. Therefore, the Board of
Aldermen of the Town of Irallas; North Carolina dOeE ordain as follows:
SEC. D—I-2. FINDINGS OF FACT.
(1) The flood hazard areas of the Town of Dallas are subject to periodic inundation which results
in loss of life, property, health and safety hazards, disruption of commerce and governmental
servic-s, extraordinary public expenditures of fLcod protection and relief, and impairment of
the tax base, ail of which adversely affect the public healthy safety, and general welfare.
(2) These Kood losses are caused by the cumulative effect of obstructions in floedpiains causing
increases in flood heights and velocities. and by the occupancy in flood hazard areas by uses
vulnerable to floods or hazardous to other lands which are inadequat;✓Ly elevated,
floodproofed, or otherwise .unprotected from flood damages.
. SEC. D—I-3. STATEMENT OF PURPOSE.
It i, the purpose of this ordinance to promote the public health, safety, and genevat welfare
and to minimize public and private losses due to flood conditions in specific areas by previsions
designed to:
(1) restrict or prohibit uses which are dangerous to health, safety, and property due to water or
erosion hazards, or which result in damaging increases in erosion or in flood heights or
velocities;
(2) require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(3) control the alteration of natural floodplains, stream channels, and natural protective
barriers which are involved in accommodation of flood waters;
(4) control filling, grading, dredging, and other development which may increase erosion or flood
damage; and,
(5) prevent or regulate the construction of flood ;carriers which will unnaturally divert flood
waters or which may increase flood hazards to other Lands.
SEC. D—I—A. OBJECTIVES,
• The objectives of this ordinance are:
(1) to protect human life and health;
(2) to minimize expenditure of public money for costly floors control projects;
(3) to minimize the need for rescue and relief Efforts associated with flooding and generally
undertaken at the expense of the general public; 0
(4) to minimize proLonaed business interruptions;
(5) to minimize damage to public facilities and utitit ies such as water and gas mains, electric,
telephone and sewer lines, streets, and bridges located in floodpLai nsi
(6) to help maintain a stable tax base by providing for the sound use and development of flood
prone areas in such a manner as to minimize flood blight areas; and,
(7) to insure that potential home buyers are notified that property is in a flood area.
ARTICLE II. DEFINITION'S.
unless spec ificat ly defined below, words or phrases used in this Ordinance shall be
interpreted so as to give them the meaning they have in common usage and to give this ordinance it
most reasonable application.
"APPEAL". .-i,earrs a request from a review of the Local administrator's inter-p-retation of an y
provision of this ordinance.
"ADDITION (TO AN EXISTING BUILDING)". means any wailed and roofed expansion to perimeter of
a building in which the addition is connected by a common load -bearing wall other than a fire
waLI. Any waLLed and roofed addition which is connected by a fire wait or is separated by
independent perimeter Load -bearing wails in new construction.
"AREA OF SHALLOW FLOODING". means a designated 40 or VO Zone on a community's Flood .
Insurance Fate Map (FIRM) with base flood depths from one to three feet where a clearly defined
channel does not exist, where the path of flooding is unpredictable and indeterminate, and where
velocity flow may be evident.
"AREA OF SPECIAL FLOOD HAZARD", is the Land in the floodplain within a community subject to
a one peicent or greater chance of being equaled or exceeded in any given year.
"BAST; FLOOD", means the flood having a one percent chance of being equaled oc exceeded in
any given year.
"BASEMENT means that Lowest level or story which has its floor subgrade on aLL sides.
"BREAKAWAY WALL". means a wall that is not part or the structural support of the building
and is intended through its design and construction to collapse under specific lateral loading
forces without causing damage to the elevated portion of the bui €ding or the supporting foundation
system. A breakaway wait shalt have a designed safe loading resistance of not less than 10 and no
more than 40 pounds per square foot. A wail with Loading resistance of more that 20 pounds per
square foot requires a professional engineer or architect's certificate.
"BUILDING", means any structure built for support, shelter, or enclosure for any occupancy
or storage.
"DEVELOPMENT". means any man-made change to improved or unimproved real estate, including,
but not limited to, buildings or other=tructures, mining, dredging, fitting, grading, paving,
excavation or drilling operations, or storage of e-juipment or materials.
"ELEVATED BUILDING". :Weans a non -basement building (a) built, in the caair of a building in
Zones Al-A30, A£, A, A99, A0, AH, B, C, or X to have the top of the elevated Floor, Or in the case
of a building in Zones V1-V30, VE, or V to have the bottom of the lowest horizontal structural
member of the elevated fLoom above the grouiid by means of piLings, catumns (post and piers), shear
waLts parallel to the flow of water and, (b) adequately anchored so as not to impair the
structuraL integrity of the buiLding during a ftzod up to the magnitude of the base flood. In file
case of Zones 41`A30, AE, A, AF9, AO, AH, $, C, and k, 'elevated building' also incLuries a
building elevated by means of fill or solid foundation perimeter walls with openings sufficient to
facilitate the unimpeded movemen# of flood waters. In the case of Zones V1—V30, VE, ur V,
"elevated building" also includes a building otherwise meeting the definition of "elevated
buiLding", even though the area below is enclosed by means of breakaway walls if the breakaway
wa L Ls meet the standards of Art isle V, Sect ion '2(5) of this ord i nance.
"EXISTING MiNUFACTUR£D HOME PARK OR MANUFACTURED HOMME SUBDIVISION". means a manufactured
home park or subdivision for which the construction of facilities For servicing the lots on which
the manufactured homes are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading ar the pouring of concrete pads) is
completed before the effective date of this ordinance,
"EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION", means the preparation of
the additional sites by the construction of facilities for servicing the Lots on which the
manufactured homes are to the affixed ( including the installation of utilities, the construction
of streets, and wither f�naL site grading cr pouring of concrete slabs).
"FLOOR OR FLOORING". means a general and temporary condition of partial or complete
inundation of narmalLy dry 'Land areas from:
(1). the overflow of inland or tidal waters; and
• (2). the unusual and rapid accumuLation of runoff of surface waters form any source.
"FLOOD HAZARD BOUNDARY MAP (FHBh) ". means an official map of a community, issued by the
Federal Emergency Management Agency, where the boundaries of fhe areas of special hazard have been
defined as Zone A.
"FLOOD INSURANCE STUDY". is the official report provided by the Federal Emergency Management
Agency. The report contains flood profiles, as well as the Flood Boundary FLoodway flap and the
water surface elevation of the base flood.
"FLOOR.", means the top surface of an ,enclosed area in a buiLding {including basement), i.e.,
top of slab in concrete slab construction or tpp of wood flooring in wood fraisie construction. The
term does not include the floor of a garage used solely for parking vehicles.
"FUNCTIONALLY DEPENDENT FACILITY". means a facility which cannot be used for its intended
purpose unless it is located or carried out in close proximity to water, such as a docking or port
facility necessary for the Loading and ur3Loadins of cargo or passengers, shipbuilding, ship
repair, or seafood processing faciLities. The term does not include Long—term storage,
manufacturer saLes, or service facilities,
"HIGHEST ADJACENT GRAD£", means the highest natural elevation of the ground surface, prior
to construction, next to the propo:.ed wails of the structure.
"HISTORIC STRUCTURE". means any structure that is: (a) listed individually in the National
Register of Hi_tssric Places {a Listing maintained by the US Department of Interior) or
preliminaries determined by the Secretary of Interior as meeting the requirements for individual
® listing on the National Register; (b) certified or preliminarily determined by the Secretary of
Interior as contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary toqualify as a registered historic district;
(c) individually Listed on a Stafe inventory of historic places; (d) individually listed on a
Local inventory of historic piaces in communities with historic preservation programs that have
been certified (1) by an approved state program as determined by the Secretary of Interior, or (2)
directly by the Secretary of Interior in states without approved programs. •
"LEVEE". means a man-made structure, unusually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control or divert the flow
of water so as to provide protection from temporary flooding.
"LOWEST FLOOR". means the lowest floor of the Lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable soLely for parting of vehicles, building access,
or storage in an area other than a basement area is not considered a building's lowest floor
provided that such an enclosure is not built so as to render the structure in vioLai iar. of the
applicable non -elevation design requirement of this ordinance,
"MANUFACTURED i-a, E". means a structure, transportable in one or more sections, which is
bunt on a permanent chassis and designed to be used with or without a permanent foundation when
connected to the required utilities. The term "manufactured home" does not include a
"recreational vehicle".
"MANUFACTURED HOME PARK OR SUBDIVISION". means a parcel (or contiguous parceLs) of land
divided into two or more manufactured home tots for rent or sale.
"MEAN SEA LEVEL". means the average height of the sea for aLL stages of the tide, It is
used as a reference for establishing various elevations within the fLoodptain. For purposes of
this ordinance, the term is synonymous with National Geodetic Vertical Datum (NOYD),
"NATIONAL GEODETIC VERTICAL DATUM (NGVY )". as corrected in 1929 is a vertical control used
as a reference for establishing varying elevations within the fLoodpLain.
"NEW CONSTRUCTION". means structures for which the "start of construction' commenced on or
after the effective date of this ordinance and included any subsequent improvements to such
structures.
''NEW MANUFACTURED DOME PARK OR SUBDIVISION". means a manufactured home part: or subdivision
for which the construction of faciLities for servicing the Lots an which the manufactured homes
are to be affixed (incLuding at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete stabs) is completed on or after
the effective date of this ordinance,
"NONCONFORMING BUILDING OR USE". means any €egatty existing building or use which fails to
comply with the provisions of the ordinance,
"RECREATIONAL VEHICLE". means a vehicle which is 0 ) build on a single chassis; (b) 400
square feet or less when measured at the largest horizontal projection; (c) designed to be
self-propelled or permanently towable by a tight duty trucki and , (d) designed primariLy not for
use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or
seasonal use.
"REMEDY A VIOLATION". means to bring the structure or other development into compliance with
State or €neat fLoodpLain management regulations, or, if this is not possible, to reduce the
impacts of its noncomp€iance. Ways that impacts may be reduced include protec0ng the structure
or other affected development form flood damages, implementing the enforcement provisions of the
ordinance or otherwise deterring future similar violations, or reducing Federal financiaL exposure
with regard to the structure or other development. 0
"START OF CONSTRUCTION". (for other than new construction or substantial improvements under
the Coastal Barrier Resources Act (P.L. 97-348)), includes substantiat improvement, and means the
date the building permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, or improvement was within 180 days or the permit date.
The actuaL start means the. first p'Laceiirent oC permaneni. constl-uc'(ian a a structure (iTic Ludiny a
. ,manufactured home) an a site, such as the pouring of slabs or footings, iiistaILatiOn of piles,
construction of columns, ar any wort; beyond the stage of excavation or the pLacement of a
rnanufactu-r d htline on a fuundatlon. Permanent construction dt;es not Include land preparation, =•ucrl
as clearing, grading, and fiLIing; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a bdSemeiit, footings, piers or foundations, or the
erection of temporary farms; nor dales it include the installation on the Property of acr-essory
buildings, such as a garages or sheds not occupied as dwelling units or not part of the main
structure. Fo a substantial impravement. the actual start of c;rnstruction,, means the first
aLtera tion of any waLL, ceiLing, floor. Or cth2r structural part of the building, whether or not
that aLteration affects the ex ter nat dimensions of the building.
"STRUCTURE". means, for fLoodp[ain management purposes, a walLed and roofed building, a
manufactured horrre, including a gas or liquid storage tank, or at#ter maii—made faciLiiies, or
infrastructures treat are principally above ground.
"SUBSTANTIAL DAMAl ". means damage of any origin sustained by a structure whereby the cost
of restori m the structure to its before damaged condition would equaL or exceed fifty percent
(507..) of the market value of the structure before the damage occurred. See definition of
"SubstantiaL improvement".
"SUBSTANTIAL IMPROVEMENT". means any repair, reconstruction, rehabilitation, additiun, or
other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the
market value of the structure before the "state of construction" of the improvement. This terni
includes structar;_s which have incurred "substantial damage", regardless of the actual report
wart; performed. The term does net, however, include wither; (1) any project of improvement of a
structure to Correct existing violations of State or LocaL health, sanitary, at- safety coded
specifications which have been ideiitified by the local code enforcement official and which are the
minimum necessary to assure safe iiving conditions; or (?) any aLteration of a historic structure,
provided that the aLteration witL not preclude the structure's continued designation as a historic
structure.
"SUBSTANTIALLY IMPROVEIr EXISTING MANUFACTURED HOME PARK OR SUBDIVISIO+N" means where the
repair, reconstruction, rehabilitation or improvement of streets, utilities and pads equaLs or
exceeds fifty percent (50%)of the value of the streets, utilities snd pads before the repair,
reconstructior-i, or improvement commenced.
"VARIANCE". is a grant of relief to a person from the requirements of this ordinance which
permits construction ir. a manner otherwise prohibited by this ordinance where specific enforcement
would result in unnecessary hardship.
"VIOLATION" means the failure of a structure or other development to be fully comp taint with
the cammunity's floodp[air, management regulations, A Structure oi- other 6eveLopment without the
elevation certificate, other certifications, or other evidence of compliance required in Articles 4
and 5 is presumed to be in violation ilntii such time as that documentation is provided.
ARTICLE III, GENERAL PROVISIONS,
SEC. Ii—III—I LANDS TO WHICH THIS ORDINIANCE APPLIES.
This ordinance shall apply to aiL areas of special flood hazard within the jurisdiction of Town
of Dallas, North Carolina,
0
SEC. f17 BASIS FOR EST:;BLISHIiIG THE AF�EAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Emergency Management Agency in its
_______________---_-, d _,ated--------------, with accompanying maps and other supporting data, and
any revision thereto are adopted by reference and declared to be a past of this ordinance. 18111
SEC. D-III-3 ESTABLISHMENT OF DEVELOPMENT PERMIT.
A Development Permit shall required in conformance with the provisions of this ordinance prior
to the commencement of any development activities.
SEC. D-III-4 COMPLIANCE.
No structure or land shad hereafter be Located, extended, converted, or stvucturaLLy altered
without full compliance with the terms of this ordinance and other applicable regulations.
SEC. D-III-5 ABROGATION AND GREATER RESTRICTIONS,
This ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance and another conflict or overlap,
whichever imposes the more stringenf restrictions shall prevail.
SEE. D-III-b INTERPRETATION.
In the interpretation and application of this ordinance all provisions shall be; (1)
considered as minimum requirements; Q) liberally construed in favor of the governing body; and, (3)
deemed neither to limit nor repeal any other powers granted under state statutes.
SEC. D-III-T WARNING AND DISCLAIMER OF LIABILITY,
The degree of flood protection required by this ordinance is considered reasonable foie
TeguLatory purposes and is based on scientific and engineering consideration, Larger floods can and
will occur on rare occasions. Flood heights may be increased by man --made or natural causes. This
ordinance does not imply that land outside the areas of special flood hazard or uses permitted
within such areas will be free from flooding or fLoad damages. This ordinance shatL not create
Liability on the part of Town of Dallas, North Carolina or by any officer or employee thereof for
any flood damages that result from reliance on this ordinance or any administrative decision
Lawfully made hereunder.
SEC. D-III-B PENALTIES FOR VIOLATION.
Violation of the provisions of this ordinance or failure to comply with any of its
requirements, including violation of conditions and safeguards establishes; in connection with grants
of variance or special. exceptions, shall constitute a misdemeanor, Any person who violates this
ordinance or fails to comply with any of its requirements shall, upun conviction thereaf, be fined
not more than $50.00 or imprisoned for not more than 34 days, or both. Each day such violation
continues shall be considered a separate offense, Nothing herein contained shall prevent the Town
of Dallas, North Carolina from taking such other Lawful action is necessary to prevent ov remedy any
violation.
ARTICLE IV: ADMINISTRATION.
SEC. D-IV-1 DESIGNATION OF LOCAL ADMINISTRATOR.
The Gaston County Chief Inspector or designer is hereby appointed to administer and implement
the provisions of this ordinance. 0
SEC. D-IO2 DEVELOPMENT PERMIT AND CERTIFICATION REDUIREMENTS.
Application for a Development Permit shall be made to the local administrator on forms
furnished by him or her prior to any development activities, The Development Permit may include,
but riot be Llmit'e-d to. plans in duplicate drawn to scaLe showln'3: the nature, ti)cai,ion, dialevislon5,
• and eL;vations of the area in question; existing or proposed structures; an6 the Location of rill
materiaLS, storage areas, and drainage facilities. Specifically, the foLLow irrg Information is
re.ku i red:
(1) adhere base flood eLevation data is p'rovijed in accordance with Article 4, Section C (10), The
application for a Iievetop meni Permit witlsir, the Zone A on the flood Insurance Hate Map shall
show,
(a) the elevation (in reLation to mean sea level) of the Lowest floor (incLu6ing basemeni) of
all new and substantia(Ly improved structures, and
(b) if the structure has been floodproofed in accordance with Article 5, Set:tion S(2), the
elevation (in relation to mean sea level) to which the structure was fLoodproofed.
(2) Where the base flood elevation data is not provided, the application far a development Per mi`
must -how construction of the Lowest floor at Least 21 feet above the highest adjacent grade.
(3) Where any watercourse will be altered or relocated as a result of proposed development, the
appLicatior, for a development permit shall include a description of the extent of watercourse
alteration or relocation; an engineerinci report on the effects of the proposed project on the
flood carrying capacity of the watercourse and the effects to properties Located both upstream
and downstream; and a map showing the Location of the proposed watercourse alteration or
relocation.
(4) When a structure is fLoodproofed, the applicant shall provide a certificate from a registered
professional engineer or a3-chitect that the nonresidential floodproofed structure meets the
fLoodproofing criteria in Article 5, Section B(2),
{5) A floor eLevatior, or fLoodproofing certification is required after the Lowest fluter is
completed. Within twenty-one (21) calendar days of establishment of the Lowest floor
elevation, or fLoodproofing by whatever construction means, whichever- is applicable, it shell
be the duty of the permit holder to submit to the Local administrator a certification of the
eLevation of the lowest floor, or fLoodproofed elevation, whichever 'ss appLicab Le, as buiLi. in
relation to mean sea level. Said Certification shall be prepared by or under the direct
supervision of a registered I.and surveyor Ur professional engineer and certified by same, Any
work done within the twenty --one (21) day calendar period and prior to submission of the
certification shall be at the permit holdei-'s risk. The local administrator shall review the
floor elevation survey data submitted. Deficiencies detected by such review shall be corrected
by the permit holder ir,mediateLy and prior to further progressive work being permitted to
proceed. Failure to submit the survey or failure to make said corrections required hereby
small be cause to issue a stop -wort: order for the project.
SEC. £1-IV--3 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR,
Duties of the Local administrator shall include, but not be Limited to
(1) Review all development permits to assure that the re-:Luirements of this ardinarce have been
issat isf'sedi
(2) Advise permittee that additional F'edera: or State permits may be i- &juired, and if specific
FederaL or State permits are known, require that such permits be provided and maintained on
file with the development permit.
(3) Notify adjacent communities and the North Carolina Department cf Crime Control and Public
Safety, Division of Emergency Management, State Coordinator for the NationaL Flood InCuran'
Program prior to any alteration: or relocation of a watercourse, and submit evidence of sucpl�
notification to the Federal Emergency Management Agency.
(4) Assure that maintenance is provided within the altered or re- located partion of said
watercourse so that the =Loud -carrying capacity is not diminished.
(5) Prevent ency-oachments within floodways unLess the certification and flood hazard reduction
provisions of Article 'i are met.
(6) Obtain actual elevation (in relation to mean sea level) of the lowest floor (iTic- Ludirrg
basement) of all new or substantially improved structures, in accordance with Article 4,
Section $(5).
(7) Obtain the actual elevation (in relation to mean sea level) to which the new or substantially
improved structures have been floodproofed, in accordance with Article 4, Section P(5).
(8) Wien fLoodproofing is utilized for a particular structure, obtain certifications from a
registered professional engineer or architect in accordance with Article 5, Section P21).
(9) Where interpretation is needed as to the exact location of boundaries of the areas of special
flood hazard (for exatnpLe, where there appears to be a conflict between a mapped boundary and
actual field conditions), make the necessary interpretation. The person contesting the
location of the boundary shall be given a reasonable opportunity to appeal the interpretation
as provided in this article.
(10) When base flood elevation data or floodway data has not been provided in accordance wit*
Article 3, Section B, obtain, review, and reasonably utilize any base flood elevation data and
floodway data available from a Federal, State, or other- source, including data developed
pursuant to Article 5, Section D(4), in order to administer the provisions of this ordinance.
(11) Make on -site inspections of projects io accordance with Article 4, Section It.
(12) Serve notices of violations, issue stop -work orders, revolve permits and take corrective actions
in accordance with Article 4, Section D.
(13) Maintain'atl records pertaining to the administration of this ordinance and make these records
available for public inspection.
(14) Annexation. Provide the North Carolina Department of Crime Control and Public Safety, Division
of Emergency Management, State Coordinator for the National Flood Insurance Program with two
(2) copies of the maps delineating new corporate Limits within six months f,om date of
annexation or change in corporate boundaries.
SEC. D-I1-4 ADMINISTRATIVE PROCEDURES.
(1) Inspection of Wort: in Progress. As the wort: pursuant to a permit progresses, the Local
administrator shall make as many inspections of the wort; as may be necessary tc, ensure tha+ the
work is being done according to the provisions of the local ordinance and the terms of the
Permit. In exercising this power, the administrator has the right, upon presentation of proper
credentiats, to enter any premises within the territorial jurisdiction of any reasonable hour
for the purposes of inspection or other enforcement action.
(2) Stop -Work Orders: Whenever a building or part thereof is being constructed, reconstructed,
altered, or repaired in violation of this ordinance, the administrator may order the work, to be
immediately stopped. The Stop -work oi-der shall be in writing and directed to the person doing
the work. The stop -work order shall state the specific work to be stopped, the specific
reasons for the Stoppage. and the conditions under which the wort: inay be resumed, VioLaiion of
• a staP-work order constitutes a misdemeanor.
(3) ;evocation of Permits; The Local administrator may revoke and re-iuire the return of tine
development permit by notifying the Permit holder in writing stating the reason for the
revocation, Permits shaL[ be revoked for any substantial departure from the approved
application, ptans. or spec ifiEdIions; far refusal or faiture to compLy wits; the re•tuis'ements
of State or local laws; or for false statements or misrepresentations made in securing the
permit. Any permit mistakenLy issued in violation of an applicable State ar local law may aLso
be revoked.
(4) Periodic inspections: The Local administrator and each member of his inspections department
shall have a right, upon presentation of proper credentials, to ente;- on any ps-emises within
the territorial jurisdiction of the department at any reasonable hour for the purposes of
inspection or other enforcement action.
(5) Violations to be Corrected: When the LocaL administrator finds violations of applicable State
and local. laws, it shaLL be his duty to notify the owiier or occupant of the building of the
,violation. The owner or occupant shall immediateLy remedy each of '�he violations of law in the
Property he owns.
(Er) Actions in Invent of Failure to Take Corrective Action: If the owner of a building or property
shall fa1L to take prompt corrective action, the administrator shall. give him written notice,
by certified or registered mail to his Last known address or by personal service,
(a) that the building or property is in violation of the Flood Damage Prevention Ordinance;
. (b) that a hearing will be held before the local administrator at a designated place and time,
not later than ten (10) days after the date of the notice, at which time the owner shalt
be entitled to be beard in person ar by counsel to present arguments and evidence
pertaining to the matter; and,
(c) that following the hearing, the local administrator may issue such order to alter, vacate,
or demolish the building; or to remove fill as appears appropriate.
(7) Order to Take Corrective Action; If, upon a hearing held pursuant to the noticed prescribed
above, the administrator- shall find that the building or development is in violation of Flood
Da,ejage Prevention Ordinance, he shall make an order in writing to the awirer, requir;ng the
owner to remedy the violation within the suck period, not Less than 60 clays, the administrator
inay prescribe; provided that where the administrator finds that there is imminent danger to
Life or other property, he may order that corrective action be taken in such Lessor period as
,r,ay be feasible.
(8) Appeal: Any owner who has received an order to take corrective action may appeal from the
order to the Local elected governing bodj by giving notice of appeal in writing Lo the
administrator and the cLerl; within 10 days fallowing issuance of the final order. If, the
absence of an appeal, the order of the administrator shaLL be final. The local governing
body shaLL hear, an appeal. within a reasonable time and may affirm, modify and affirm, or revoke
the order.
(9) Failure to Cumply with Order: Is the owner of a bui[ding or property fails to compLy with an
® order to take co;•re:tive actiar, from which no appeal has been taken, or fails to comply with an
order of the governing body following an appeal, he shall be guilty of a misdemeanor and shall
be punished in the discretion of the Court.
SEC. D-IV-5 VARIANCE PROCEDURES.
(1) The Flood ControL appear board ws estavllshed by Gaston County (Local unit) shaIL hear and
decide requests for variances from the requirements of this ordinance, •
(2) Any person aggrieved by the decision of the appeal board or any taxpayer may appeal such
decision to the Court, as provided in Chapter 7A of the North Carolina General Statues,
(3) Variances may be issued for the repair or rehabilitation of historic structures upoit the
determination that the proposed repair oi• rehabilitation will not preLude the sti-ucture�s
continued designation as a historic sfsucture and the variance is the minimum necESSary to
preserve the historic character and design of the structure.
(4) In passing upon such applications, the appeal board shall consider alL technicaL evaluations,
a I L retevant ;actors, aLL standards specified in other sections of this ordinance, and:
(a) the danger that materials may be swept onto other Lands to the injury of others;
(b) the danger to Life and property due to flooding or erosion damage;
(c) the susceptibility of the proposed facility and its contents to and the effect of such
damage on the individual owner;
(d) the iatportance of the services provided by the proposed facility to the Community;
(e) the necessity- to the facility of a waterfront Location, where applicable;
(f) the availability of alternative locatioiis, not subject to flooding ov erosion damage, for
the proposed use; •
(g) the compatibility of the proposed use with existing and anticipated development;
(h) the relationship of the proposed use to the comprehensive pLari and floodplain management
program for that area;
(i) the safety of access to the property in times of flood for ordinary and emei-yency
vehic€es;
(j) the,expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters and the effects of wave action, if applicable, expected at the site; and,
(k) the costs of providing governmental services during and after flood Conditions iTic Luding
maintenance and repair of pub iic utilities and facilities such as sewer, gas, electrical
and water systems, and streets and bridges.
(5) Upon consideration of the factors Listed above and the purposes of this ordinance, the appeal
board may attach such conditions to the granting of variances as it deems necessary to further
the purposes of this ordinance,
(b) Variances :,hall not be issued within as}y designated fLoodway of any increase in flood Levels
during the base fLood discharge would result.
(7) Conditions for Variance:
(a) Variances may not be Issued when the variance will make the structure in vioLatian d*
other Federal, State, or local Laws, regulations, or ordinances,
(b) Variances shall. only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(c) Variances shall onLy be issued upon W a showing of good and sufficient cause; ( i i ) a
determination that failure to gram the variance would result ir} exceptionaL hardship;
and, ( i i i ) a determination that the granting of a variance will not result in increased
flood heights, additional Threats to public safety, extraordinary public expense, create
nuisance. cause fraud an or victimization of the public, or conflict with existing local
Laws or ordinances.
(d) Any applicant to whom a variance is granted shall be given written natice specifying the
difference between the base flood elevation and the elevation to which the structure is to
be built and a vrrItten statemenT that the cast of flood insurance w i L L be commensurate
with the increased risk resetting from the reduced lowest floor elevation. Such
notification shalt be maintained with a record of all variance actions.
(e) The tocaL administrator shalt maintain the records of all appeal actions and report any
variances to the Federal Emergency Management Agency upon re'luest.
"ARTICL.E V" PROVISIONS FOR FLOOD HAZARD REDUCTION.
SEC. D-V-1: CENLRAL STANDARDS.
In all areas of special. flood hazard the following provisions are required:
(1) All new construction and substantiaL improvements shall be anchored to prevent flotation,
coiLapse, or Lateral a-iovement of the structure;
(2) All new construction and substant;aL improvements shall be constructed with materials and
utility equipment resistant to flood damage;
(3) All new construction at- substantial improvements shalL be constructed by methods and practices
that minimize flood damages;
(4) EtcctricaL, heating, ventiLation, plumbing, air conditioning equipment, and other service
facilities shalt be designed and; or located so as to prevent water- from entering or
accumulating within the components during conditions of flooding;
(S) ALL new and replacement water supply systems shaLL be designed to minimize or eliminate
infiltration of flood haters into the system;
(b) New and 'replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into flood
waters;
(7) On -site waste disposal systems shall be located and constructed to avoid impairment to them or
contamination from them during fioodiny; and,
(8) Any alteration.. repair, recanstruction, or improvements to a structure which is in compliance
with the provisions of this ordinance, shall meet the 're-Iuirements of "new construction" as
contained in this ordinance.
(9) Non --Conforming Buildings or uses. Non --conforming buildings ar uses may not be enLarged,
Laced, or rebuilt unless such enlargement or reconstruction is accor��plished in conformance
with the provisions of this ordinance. Provided, however, nothing in this ordinance shall
prevent the repair, re- construction, or replacement of a building or structure existing on the
effective date of this ordinance and located totaLLY or partially within the FLoadway Zone
provided that the bulk of the building or structure below base flood elevation in the Floodway
Mane is not increased and provided that auch repair, deconstruction, or replacement meets all
of the other requirements of this ordinance. is
SEC. Ii-V-3: SPECIFIC STANDARDS.
In all areas of special flood hazard where base flood elevation data has been provided, as set forth
in Article 3, Section B.. or Article 4, Section C-(10), the following provisions are required:
(1) Residential Construction. New construction or substantial improvement of any residential
structure ( i nc Lud i na ,manufactured i�,omes) shall have the Lowest f Loor, including basement.
elevated no Lower than ---- feet above the base floor elevation. Should solid foundation
perimeter waLLs be used to elevate a structure, openings sufficient to facilitate the unimpeded
movements of flood waters shall be provided.
(2) Non Residential Construction. New construction or substantial improvement of any commerciat,
industrial, or non-residential structure (including manufactured homes) shall have the lowest
f Loor, including basement, elevated no Lower than feet above the ievel of the base flood
elevation. Structures located in A --.ones ma•,• be fLoodproofed in Lieu of elevation provided
that all areas of the structure below the required passage of water, using structuraL
components having capability of resistiii3 hydrostatic and hydrodyTiam i c Loads and the effect
of buoya•ricy. A 'registered professional engineer or architect shalt certify that the =_�tandards
of this subsection are are satisfied. SUCii certification shall be provided to the official as
set forth in Article 4, Section B (5).
(3) Manufactured Homes.
(a) Manufactured homes that are placed or substantialLy improved on sites ( i ) outside I*
manufactured home part; or subdivision (ii) in a new manufactured home park or subdivision;
0i i) in an expansion to an existing manufactured home part: or subdivision; or, (iv) in an
existing manufactured 'home park or subdivision on which a manufactured home has incurred
"substantial damage" as the result of a flood, must be elevated on a permanent foundation
such that the lowest floor of the manufactured home is elevated no lower than feet
above the base flood elevation and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse, and lateral movement.
(b) Manufactured homes that are to be placed or substantially improved on sites in an existing
manufactured home park or subdivision that are not subject to the provisions of Article 5,
Section B (3a) of this ordinance must be elevated so that the lowest floor of the
manufactured home is elevated no lower than ------ feet above the base flood elevation,
and be securely ,anchored to an ade•tuately anchored foundation to resist flotation,
collapse, and Lateral movement.
(c) Manufactured homes shall be anchored to prevent flotation, collapse, o;' lateral movement.
Far the purpose of this requirement, manufactured homes must be anchored to resist
flotation, collapse, or Lateral movement in accordance with the Regulations for ilobiLe
Homes and Modular Housing adopted by the Commissioner of Insurance pursuant to NCGS
143.143.15. Additionally, when the elevation would be met an elevation of the chassis at
least 36 inches or Less above the 4rade at the sight, the chassis shall be supported by
reinforced piers or other foundation elements of at Least equivalent strength. When the
elevation of the chassis is above 36 inches in heiglit an engineering certification is
required. 9
(d) An evacuation plan must be developed for evacuation of alL residents of a L L new,
substantially damaged manufactured hume parks or subdivisions Located within fLoad prone
areas. This plan shalt be filed with an approved by the tocat administrator and the local
Emergency Management Coordinatar.
(4) Recreational Vehicles, A recreational vehicle is ready for highway use if it is on wheels of
)ackirFq system, is attached to the si#e only by quick disconnect type utilities and security
devises, and has no permanently attached additions. Recreation vehicles ;.laced oi; sites shall
either:
(a) be on site for fewer than 180 conse;:utive days;
(b) be fully licensed and ready for highway use; or
( c ) meet the requirements of Article 14, Section B and Article 5, Sections A and B(3),
(S) Elevated Buildings, New construction ar substantial improvements of elevated buiLdings that
include fully erclosed areas that are usable soLeLY far the parking of vehicles, buiLding
access or storage in an area other than a basement and which are subject to flooding shall be
designed to preclude finished living space and be designed to autamaticatLy e-tualize
hydrostatic flood forces on exterior• walls by alLow ing for the entry and exit of floodwaters.
(a) Designs far comp Lying with this requirement must either be certified by a professional
eTigineer ar architect or meet the following minimum criteriat
(i) Provide a minimum of two npenings having a iotaL net area of not less than one square
inch for every square foot of enclosed area subject to flooding;
( i i ) The bottom of aLL openings shaLL be no higher than one foot above grade; and,
(iii) Openings may be equipped with screens, louvers, valves, or other cove,ings or devices
provided they permit the automatic flow of floodwaters in both directions.
(b) Access to the enclosed area shall be the minimum necessary to aLLow for parking of
vehicles (garage door) or Limited storage of maintenance equipment used in connection with
the premises (standard exte;-icr door) or entry to the living area (stairway or elevator).
(c) The interior part ian of such enclosed area shaLL not be partitioned or finished into
separate moms, except to LncLose storage areas.
(6) Temporary Structures. Prior to the issuance of a devetopmeitt permit, foi a temporary
structure, the following requirements must be met:
(a) All applicants must submit io the local administrator a plan for the removal of such
structure(s) in the event of a hurricane or flash flood notification, The Pian must
include the following information:
(i) the name, address and phone number of the individual responsible for the removal of
the temporary structure;
( i 1 ) the time frame prior to the event that which a structure will be removed;
(iii) a copy of the contract or other suitable instrument with a trucking company to
insure the availability of removal equipment when needed; and
(iv) designation, accompanied designatian, of a location outside the fLoodpLain to which
the temporary structure will be moved.
(b) The above information shall be subaistted in writing to the Local administrator far ieview
and written approval.
(7) Accessory Structures. When accessory siructures (sheds, detached garages, etc.) with a vale
of $3,000 or Less, are to be placed it the K oodplain the following criteria shaLL be met;
(a) Accessory structures shall not be used for human habitation;
(b) Accessary structures shall be designed to have low flood damage potential;
(c) Accessory structures shalt be firmly anchored in accordance with Article 5, Section A(1);
and,
(d) Service facilities such as electrical and heating equipment shall be elevated in
accordance with Article 5 Section A(4).
(8) Floodways. Located within areas of special flood hazard established in Article 3, Section B,
are areas designated as fLoodways. The fLoodway is an extremely hazardous area due to the
velocity of flood waters which carry debris and potential projectiles and has erosion
potential. The following provisions shall apply within such areas:
(a) No encroachments, Including fill, new construction, substantial improvements and other
developments shaLL be permitted untess it has been demonstrated through hydrologic and
hydraulic analyses performed in accordance with standard engineering practice that the
proposed encroachment would not result in any increase in the flood levels during the
occurrence of the base flood. Such certification and technical data shaLL be presented to
the local administrator.
(b) If Article 5, Section B(a) is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of Article
r
Ja
(c) No manufactured homes shall be permitted, except in an existing manufactured home park or
subdivision. A replacement manufactured home may be placed on a lot in an existing
manufactured home part; or subdivision provided the anchoring and the elevation standards
of Article 5, Section B(3) are met.
SEC. D-V-3 STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD
ELEVATIONS AND/OR FLOODWAYS.
Located within the areas of special flood hazard established in Article 3, Sect ian B, are small
streams where no base flood data has been provided or where no floodways have been identified. The
following provisions apply within such areas:
(1) No encroachments, including fill, new construction, substantial improvements or new
development shall be permitted within a distance of the stream bank equal to times
the width of the stream at the top of the bank or twenty feet each side from tup of bank,
whichever is greater, unless certification with supporting technical data by a registered
professional engineer is provided de,onstrating that such encroachments shalL not result in any
increase in flood Levels during the occurrence of the base flood discharge.
(2) If Article 5, Section C(1) is satisfied and base flood elevation data is avaiLabLe from other
sources, all new construction and substantial improvements within such areas shall comply wit
all applicable flood hazard ordinance provisions of Article 5 and shall be elevated a�
11
ftoodproofed in accordance with elevations established in accordance with Article 4, Section
C(10). When base flood elevation data is not avaiLabLe from a Federal, State or other source,
the lowest floor, including basement, shaLL be elevated at least two (2) feet above the highest
adjacent grade.
0 SEC, B-Q-4 STANDARDS FOR SUBDIVISION PROPOSALSi.
(1) AL! subdivision proposals shah be consistent with the need to minimize flood damage;
(2) ALL subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical, and water systems iocafed and constructed to minimize flaad damage;
(3) ALL subdivision proposals Shalt have adequate drainage pvovided to reduce exposure to flood
hazards; and,
(4) Lase flood elevation data shah be Pi-ovided for subdivision proposals and other proposed
development which is greater than the Lessor of fifty lots or five acres.
SEC , f - r-5 STAND VAFOR AREAS OF SHALLOW FLOODING ( AO ZONES),
Located within the areas of speciai food hazard established in Artirle 3, Section B, are areas
designated as shallow ftoodEng. These areas ,have special flood hazards associated with base fLoad
depths of one (1) to three (3) feet where a cLearLy defined channeL does not exisi and where the
path of fLoading is unpredictable and indeterminate. The following provisions shalt apply within
such areas:
(1) Alt new construction and substantial improvements of residential structures shall have the
Lowest floor, including basement. Elevated to the depth number specified an the Flood Insurance
Rate Map, in feet, above the highest adjacent grade. If no depth number is specified, the
Lowest floor, including basement, shall be elevated at least two (2) feet above the highest
adjacent grade,
(2) Alt new construction and substantial improvements of non-residential structures shall:
(a) have fhe lowest floor, including basement, elevated to the depth number specified on the
Flood Insurance Rate Hap, in feet above the highest adjacent grade. If no depth number is
specified, the Lowest floor, including basement, shall be elevated at Least two () feet
above the highest adjacent grade; or,
(b) be completely floodproofed together- with attendant utility and sanitary facilities to or
above that level so that any space below that Level is water -tight with walls
substantially impermeable to the passage of water and with structural components having
the capability of resisting hydrostatic and hydradynamic loads and effects of buoyancy.
Motion by Mr, F'alie 0. Cla ninger, Jr. to adopt the foregoing ordinance, in a public meeting
duly assemble d, seconded by Nrr. George H. Jaggers, Jr., and voted upon by the following votes.
This the 14th day of April, 1992.
AYES: Aldermen: Polie 0. CLoninger, Jr., Kenneth R. Mayes,
Frank J, Holland and George H. Jaggers, Jr.
NAYS: Aldermen: NONE
Certified by:
Mayor
OBoard of Aldermen
Public Utilities
Director I Town CIerk
Electrical I I Community
Utilities Development
Street and'rrash
Collection
Billing I
Water and 1 Collections
Sewer
Water and
Sewer Plant
•
Police Chief I Fire Chief
Police Officer/ Fire
Communication Personal
Book Keeping
Human Resource
Town of Dallas, North Carolina
Board of Aldermen
Effective December 11, 2001
Main Town Telephone:
704-922-3176
Town Mailing Address:
210 N. Holland St.
Dallas, NC 28034-1798
Business Hours:
8.00 am to 5:00 pm M-F
Office 'telephone:
704-922-3176
Fax Number:
704-922-4701
Board of Aldermen meet every second Tuesday at 7:00 pm
MAYOR
ALDERMEN
Samuel C. Rhyne
John L. Beaty
1001 Park Road
500 N. Holland St
704-922-41 13
704-922-5869 (home)
704-460-1916 (cell)
TOWN ATTORNEY
William Holland
Gregory W. Clemmons
155 S. York ST.
414 W. Puett St.
Gastonia, NC 28052
704-922-1995
704-564-7396
TOWN CLERK (1)(2)
Rick Coleman (Mayor Prc Temp)
Nicholas E. Vlaservich
606 Brookgreen Dr.
210 N. Holland St.
704-922-4991
. 704-922-3176 (office)
704-913-0018 (cell)
Ns laser ic1) crcii uter,t)er
E. F. Friday
408 W. Main St.
POLICE CHIEF
704-922-4158 (home)
Chief Gary W. Buckner
131 N. Gaston St.
Hoyle Withers
704-460-0909 (cell)
P.O. Box 368
704-922-3 116 (Office)
704-922-9776 (office)
704-913-7118 (cell)
PUBLIC UTILITIES DIRECTOR
RECREATION DIRECTOR
John D. Ferguson
Ann Martin
210 N. Holland Street
704-922-601 1 (office)
704-922-9961 (office)
704-922-9969 (fax)
COMMUNTIV DEVELOPMENT FIRE CHIEF
Steve Miller David Callahan
210 N. Holland St. 210 N. Holland St.
704-922-3176 (office) 704-922-9221 (office)
704-913-4598 (cell)
TAX COLLECTOR ASSIST. TOWN CLERK (3)
Jan Green Ruth G. Norris
210 N. Holland St 210 N. Holland St
704-922-3176 704-922-3176
(1) Finance Director - Budget Officer (2) Purchasing (3) Personnel
NOTICE CIF PUBLIC HEA
ING ON SUBMISSION C
THE PAHSEPDES11 p STORM WATE
r�
40
Notice is hereby given that tt
following public hearing will: is
held at 210 :...Holland St. Da
gas, NC 28034 Tue,Sday, Febrt
AFFIDAVIT OF INSERTION OF ADVERTISEMEI� own' of 'Dallas ' before th
Aldermen on the following
The Gaston Gazette items- .
Gastonia, NC
Gaston County
I, Melissa Birchfield Legal Advertising Manager of the The Gaston Gazette, do ce
that the advertisement of NOTICE OF PUBLIC HEARING ON SUBMISSION OF
Entitle THE NPDES STORM WATER PAHSE II PERMIT
Measuring 5.82 Inches appeared in The Gaston Gazette, a newspaper published in
Gaston County, Gastonia, NC, in issues
JANUARY 30, 2003
FEBRUARY b, 2003
NPDES Storm Water Phase I
Permit. Under the direction o
the EPA and the State of North
Carolina the Town of Dallas will
be submitting a permit for com-
pliance with the NPDES Storm
Water Phase II regulation:
These regulations will affect de-
velopment and redeveiopment
activities within the Town of
Dallas jurisdiction.
Text and maps showing the;
Proposed wording and the juris--
diclion affected by the permit
are on file and available for
viewing between the hours of
8:00 am and 5:00 pm, Monday
thru Friday, In the office of the
Town of Dallas Community Do-
velopment Department. In the
Town of Dallas Administration
offices located at the above ad-
dress.
Furthermore all person having
an interest in Town of Dallas,'
North Carolina, and its perime-
ter, are, therefore, urged to be
present at these hearings. For
further information, call (704)
922-3176. Any individual re-
quiring special acdfmmodation
should conlaft the Town before
the meetings.
Sam C. Rhyne
Mayor. Town of Dallas
2C-January 30, 2003
February 6, 2003
MeBirchfield
Legal Advertising Manager
Sworn to and subscribed before me this day of ,2003
Notary Public
My commission expires May 25, 2003
Permit NCO068888
0 STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL :RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations
promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution
Control Act, as amended, the
Town of Dallas
is hereby authorized to discharge wastewater from a facility located at the
Dallas WWTP
Holly Street
Dallas
Gaston County
to receiving waters designated as Dallas Branch in the Catawba River Basin in accordance with effluent
limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof.
This permit shall becomd effective March 1, 2002.
This permit and authorization to discharge shall expire at midnight on January 31, 2005.
Signed this day January 16, 2002.
, "'Gregory j. Thorpe, Ph.D., Acting Director
Division of Water Quality
By Authority of the Environmental Management Commission
9
Permit NCO068888
SUPPLEMENT TO PERlYIIT COVER SHEET
The Town of Dallas is hereby authorized to:
1. Continue to operate an existing 0.6 MGD wastewater treatment facility with the
following components:
♦ Influent pump station
♦ Bar screen
♦ Flow splitter box
♦ Dual 0.3 MGD circular extended -aeration plants with secondary clarifiers and
diffused post -aeration
♦ Gas chlorine disnfection
♦ Dual aerated sludge holding tanks
♦ Four sludge drying beds
♦ Influent and effluent flow measuring devices with totalizers
This facility is located in Dallas at the end of Holly Street at the Dallas WWTP in
Gaston County.
2. Discharge from said treatment works at the location specified on the attached map into
Dallas Branch, classified C waters in the Catawba River Basin.
0