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HomeMy WebLinkAboutNCS000394_APPLICATION_20110510STORMWATER DIVISION CODING SHEET MS4 PERMITS PERMIT NO. Alc�0 U o'31� DOC TYPE ❑FINAL PERMIT fl AI�INUAL REPORT ��PPUCATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ pCL I b5ib YYYYMMDD • J State of North Carolina OFFIC-USE ONLY. Department of Environment & Natural Resources Date Rec'd Division of Water Quality Fee Paid Permit Number NPDES STORMWATER PERMIT APPLICATION FORM This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application package includes this form and three copies of the narrative documentation required in Section X of this form. This application form, completed in accordance with Instructions for completing NPDES Small MS4 Stormwater Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive Storm water Management Program Report (SWU-268) are both required for the application package to be considered a complete application submittal. Incomplete application submittals may be returned to the applicant. I. APPLICANT STATUS INFORMATION a. Name of Public Entity Town of Carolina Beach Seeking Permit Coverage b. Ownership Status (federal, Local I nhi state or local) c. Type of Public Entity (city, TownshipUU town, county, prison, school, etc.)MAY 0 d. Federal Standard Industrial SIC 91 - 97 Classification Code NR ' YAtrP e. County(s) New Hanover f. Jurisdictional Area (square 2.5 Square Miles miles g. Population Permanent 7,545 Seasonal (if available) 43,503 h. Ten-year Growth Rate 9.36% i. Located on Indian Lands? ❑ Yes ®Nv II. RPE / MS4 SYSTEM INFORMATION ry a. Storm Sewer Service Area (square miles 2.5 b. River Basin(s) Cape Fear c. Number of Primary Receiving Streams 1 d. Estimated percentage of jurisdictional area containing the following four land use activities: • Residential 70% • Commercial 20% • Industrial 0% • O en Space 10% Total = 100% e. Are there significant water quality issues listed in the attached apelication report? ❑ Yes ® No SWU-264-103102 Page 1 NPDES RPE Stormwater Permit Application E III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ❑ Yes ® No b. Local Water Supply Watershed Program ❑ Yes ® No c. Delegated Erosion and Sediment Control Program ❑Yes No d. CAMA Land Use Plan I ® Yes ❑ No IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to co -permit with ❑ Yes ® No a permitted Phase I entity? b. If so, provide the name and permit number of that entity: • Name of Phase I MS4 • NPDES Permit Number c. Do you intend to co -permit Yes ®No with another Phase II entity? d. If so, provide the name(s) of the entity: e. Have legal agreements been finalized between the co- ❑ Yes ❑ No ermittees? O V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS (If more than one, attach additional sheets) a. Do you intend that another entity perform one or more of our permit obligations? ® Yes ❑ No b. If yes, identify each entity and the element they will be implementing • Name of Entity NCDENR Division of Land Quality • Element they will implement State Erosion and Sediment Conrol • Contact Person Bradley Bennet • Contact Address 512 N. Salisbury Street, Raleigh, NC 27604 • Contact Telephone Number 919-733-5083 c. Are legal agreements in place to establish responsibilities? ®Yes ❑ No VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. a. Name of person to which permit authority Brian Stanberry has been delegated b. Title/position of person above Public Works Director c, Documentation of board action delegating permit authority to this person/position must be provided in the attached application report. Page 2 SWU-264-103102 NPDES. RPE Stormwater Permit Application is VII. SIGNING OFFICIAL'S STATEMENT 9 • 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 Brian Stanberry Title Public Works Director Street Address 1121 North Lake Park Blvd. PO Box City Carolina Beach State NC Zip 28428 Telephone 910-443-1837 Fax 910-458-2528 E-Mail Brian.stanberry@carolinabeach.org VIII. MS4 CONTACT INFORMATION Provide the following information for the person/position that will be responsible for day to day implementation and oversight of the stormwater program. a. Name of Contact Person Brian Stanberry b. Title Public Works Director c. Street Address 1121 North Lake Park Blvd. d. PO Box e. City Carolina Beach f. State NC g. Zip 28428 h. Telephone Number 910-443-1837 i. Fax Number 910-458-2528 j. E-Mail Address Brian.stanberry@carolinabeach.org SWU-264-103102 Page 3 NPDES RPE Stormwater Permit Application IX. PERMITS AND CONSTRUCTION APPROVALS ® List permits or construction approvals received or applied for under the following programs. Include contact name if different than the person listed in Item VIII. If further space needed, attach additional sheets. a. RCRA Hazardous Waste N/A Management Program N/A b. UIC program under SDWA c. NPDES Wastewater Discharge NCO023256 Permit Number d. Prevention of Significant N/A Deterioration (PSD) Program N/A e. Non Attainment Program f. National Emission Standards for Hazardous Pollutants (NESHAPS) reconstruction approval g. Ocean dumping permits under the N/A Marine Protection Research and Sanctuaries Act h. Dredge or fill permits under N/A section 404 of CWA X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT Attach three copies of 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. TABLE OF CONTENTS 1. STORM SEWER SYSTEM INFORMATION 1.1. Population Served 1.2. Growth Rate 1.3. Jurisdictional and MS4 Service Areas 1.4. MS4 Conveyance System 1.5. Land Use Composition Estimates 1.6. Estimate Methodology 1.7. TMDL Identification 2, RECEIVING STREAMS S3. EXISTING WATER QUALITY PROGRAMS 3.1. Local Programs 3.2. State programs Page 4 SWU-264-103102 (� J• • STown of Carolina Beach Stormwater Management Plan Table of Contents 1. Stormwater System Information................................................................................. I 1.1 Population Growth.............................................................................................1 1.2 Growth Rate....................................................................................................1 1.3 Jurisdictional Area.............................................................................................1 1.4 MS4 Conveyance System....................................................................................1 1.5 Land Use Composition Estimates...........................................................................2 L6 Estimate Methodology........................................................................................2 1.7 TMDL Identification..........................................................................................2 2. Receiving Streams..................................................................................................3 2.1 Major River Basin.............................................................................................3 2.2 Primary Receiving Stream....................................................................................3 2.3 Significant Water Quality Issues............................................................................3 2.4 Discharges to Sea..............................................................................................3 3. Existing Water Quality Programs.................................................................................4 3.1 Local Programs................................................................................................4 3.2 State Programs.................................................................................................4 4. .......................... Permitting Information................................................................. .5 4.1 Responsible Party Contact List...............................................................................5 ® 4.Organizational Chart..-'............................•..........................•....•.......•...........•.•.........................5 4.3 Signing Official.......... .5 5. Co -Permitting Information ............................ .6 6. Reliance on Other Government Entity ...........................................................................7 6.1 Name of Entity.................................................................................................7 6.2 Measure Implemented.........................................................................................7 6.3 Contact Information..........................................................................................7 6.4 Legal Agreements.............................................................................................7 7. Stormwater Management Plan ....................................................................................8 7.1 Public Education and Outreach..............................................................................8 7.2 Public Involvement and Participation.......................................................................9 7.3 Illicit Discharges..............................................................................................10 7.4 Construction Site Runoff Control...........................................................................12 7.5 Post Construction Stormwater Management...............................................................13 7.6 Pollution Prevention and Good Housekeeping............................................................15 Appendix A.................................................................................Organizational Chart AppendixB............................................................................................BMP Tables Appendix C....................................................................................Signature Authority Appendix D...............................................................Stormwater Management Ordinance AppendixE..........................................................................................NPDES Permit 1. Stormwater System Information i 1.1 Population Served -Permanent Population: 7,545 -Basis of Population Statistic: Utility Billing Information -Seasonal: 43,503 -Method Used to Create Seasonal Estimates: 1,790 Vacant Units(rentals) X Census of Household Values X Seasonal Rental(9.36) 1.2 Growth Rate -9.36% 1.3 Jurisdictional Area -Size. 2.5 Square Miles 1.3.a . Latitude of Center of MS4 Service Area : 34 degrees. 02' 31" Longitude o1'Center of MS4 Service Area : 77 degrees. 53' 36" 1.3.b Storm Sewer Service Area (square miles) : 2.5 1.4 MS4 Conveyance System 1.4.a System Composition The Carolina Beach drainage system consists of various different types of conveyances, ranging from catch basins and piping to open ditches and swales. These eventually drain to the Cape Fear River or Myrtle Grove Sound. 1.4.b Maintenance Activities Piping is inspected, cleaned and repaired on an as -needed basis. Open ditches and swales are mowed monthly and cleaned annually. 1.4.c Maintenance FTE 5 Full Time Maintenance Positions I Full Time Street Sweeper 1.4.c Inspection Frequency How often is the system inspected for maintenance problems? Annually and on an as needed basis i 1. Stormwater System Information 1.1 Population Served -Permanent Population: 7,545 -Basis of Population Statistic: Utility Billing Information -Seasonal: 43,503 -Method Used to Create Seasonal Estimates: 1,790 Vacant Units(rentals) X Census of Household Values X Seasonal Rental(9.36) 1.2 Growth Rate -9.36% 1.3 Jurisdictional Area -Size : 2.5 Square Miles 1.3.a Latitude of Center of MS4 Service Area : 34 degrees. 02' 31" Longitude of Center of MS4 Service Area : 77 degrees. 53' 36" 1.3.b Storm Sewer Service Area (square miles) : 2.5 1.4 MS4 Conveyance System 1.4.a System Composition The Carolina Beach drainage system consists of various different types of conveyances, ranging from catch basins and piping to open ditches and swales. These eventually drain to the Cape Fear River or Myrtle Grove Sound. 1.4.b Maintenance Activities Piping is inspected, cleaned and repaired on an as -needed basis. Open ditches and swales are mowed monthly and cleaned annually. 1.4.c Maintenance FTE 5 Full Time Maintenance Positions 1 Full Time Street Sweeper 1.4.c Inspection Frequency :.. How often is the system inspected for maintenance problems? Annually and on an as needed basis • 1.4.d Structure Cleaning Do you clean catch basins, pipes and other man-made structures? Yes. Catch basins and pipes are vactored out and cleaned by hand. • 1.4.e Cleaning Frequency What is the frequency of cleaning and the method used? The system is cleaned annually or as sediment is deposited. A vactor truck is used to remove the sediment and debris. The Town also incorporates a street sweeper that runs on a daily basis and catches sediment before it enters the stormwater system. 1.4.f Annual Budget What is the annual budget for maintenance activities? The annual budget for the Town of Carolina Beach Stormwater Division was $541,800 for the 2010-2011 budget year. 1.5 Land Use Composition Estimates Estimated percentage of jurisdictional area containing the following four land use activities: Residential : 70% Commercial: 20% Industrial : 0% Open Space: 10% 1.6 Estimate Methodology Measure impervious surfaces of each parcel: divide total square footage of impervious by 2000sf{l ERU = 2000so 1.7 TMDL Identification Do you discharge to a TMDL controlled water body? No 2 r® 2. Receiving Streams 2.1 Major River Basin Cape Fear River 2.2 Primary Receiving Streams Receiving Stream Name: Cape Fear Stream Segment: Hennikers Ditch Water Quality Classification: SC Use Support Rating: NIA Water Quality Issues: Not at this time 2.3 Significant Water Quality Issues Are there significant water quality issues? No 2.4 Discharge to Seas • Do you discharge to territorial seas, oceans or within the contiguous zone? There are no ocean outfalls within Carolina Beach. Stormwater is discharged into Myrtle Grove Sound or the Cape Fear River. 40 3 0 3. Existing Water Quality Programs s ('0 3.1 Local Water Quality Programs The Coastal Area Management Act (CAMA), 1974, requires the establishment of a cooperative program of coastal land management between local government and the State of North Carolina for preparing, adopting and enforcing local land use plans. CAMA requires that local governments within the twenty coastal counties prepare land use plans that provide for the protection, preservation, orderly development and management of the coastal area of North Carolina. 3.2 State Programs The following State programs are implemented in the Carolina Beach jurisdictional area: State Stormwater Management Program (Implemented Locally) Erosion and Sediment Conrtoi Program CAMA 4 I® 4.1.a Measurable Goals See Appendix B 4. Permitting Information 4.1.b Responsible Party Contact List Director of Public Works, Brian Stanberry , 910-443-1837 4.2 Organizational Chart See Appendix A 4.3 Signing Official Name: Title: Street Address: City: State: Zip: Telephone: Brian Stanberry Director of Public Works 1 121 North Lake Park Blvd. Carolina Beach NC 28428 910-443-1837 4.4 Delegation of Authority NIA Is documentation of board action delegating permit authority to this person/position provided in report? NIA • wi 6. Reliance on Other Government Entities 6.1 Other Entity Do you intend that another entity perform one or more of your permit obligations? Yes 6.2 Element they will implement: NCDENR Division of Land Resources: State Erosion and Sediment Control Program 6.3 Contact Person NCDENR Division of Land Resources Person: Mel Nevils 19 Address: 1601 Mail Service Center, Raleigh, NC 27699-1601 Telephone: 919-733-5083 6.4 Legal Agreements Are legal agreements in place to establish responsibilities? Yes 7 E 7. Stormwater Management Program 7.1 Public Education and Outreach 7.1.1 BMP Table See Appendix B 7.1.2 Target Audiences Various realms of public sector, including school children, businesses and citizens 7.1.3 Target Pollutants 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. The target pollutants are fecal colliform, enterrococus, and TSS. These pollutants are being targeted due to a water quality study that the Town of (� Carolina Beach performed in 2009. These results showed some elevated enterrococus numbers that we want to reduce. 7.1.4 Outreach Narrative Write a narrative description of the approach you are going to take in your outreach program. Target various public sectors, including school children, businesses and citizens through educational campaigns to inform citizens on illicit discharge, reporting improper waste disposal, sources of nutrient and fecal colliform loading and actions they can take to minimize the pollutants. Fliers, bill inserts, newspaper ads, public education demonstrations and signage are being used to inform the public. 7.1.5 Decision Process Describe the decision process used to create this program element. The stormwater management committee, now titled Operations Advisory Committee, that was established by the Town Council, recognized the need for a stormwater education program to inform and educate the citizens. 7.1.6 BMP Measurable Goals f� See Appendix B 1• 7.2 Public Involvement and Participation 7.2.1 BMP Table See Appendix B 7.2.2 Target Audiences Various sectors of the public, including school children, businesses and citizens. Due to the demographics of the area there are no definable ethnic or economic divisions within the community. 7.2.3/4 Public Involvement in Stormwater Management Program The public is involved with the Stormwater Management Program through Numerous channels. The monthly Town Council meeting allows members of the public to make comments, suggestions or requests upon the Stormwater Division. The Operations Advisory is composed of citizens that represent different facets of the community. This committee meets on a monthly basis and is always free to make questions or requests to the Stormwater Management Team. The citizens are also encouraged to contact the Town of • Carolina Beach via telephone or internet with comments or concerns. Several Volunteer groups have been formed by the Town such as Beach Sweep, Adapt -an -Access and EBO's. The Town is also cooperating with the Carolina Beach Elementary School to aid in getting the younger generation involved with water quality. 7.2.5 Decision Process See Sec. 7.1.5 a 9 . 7.3 Illicit Discharge Detection and Elimination 7.3.1 BMP Table See Appendix B 7.3.2 Stormwater Map Describe how you are going to complete a Stormwater system map of Outfall locations. What sources of information will you use. What form will the map take(digital, paper map)? What method will you use to verify the accuracy of the locations? Will you do field verification and if so, will you use any specific technology? How will you update the map, once data collection begins? Who will keep the map current? Where will the map be located within the organization for the public to view or review if desired? The stormwater outfall locations were mapped by investigations and tracking of the drainage system, in the field. The accuracy was verified by GPS locating each outfall location. An engineering firm was hired to locate and map other areas of the drainage system. The map is updated by the Stormwater Division in conjunction with the full time GPS Analyst employed by the Town. The map is both digital and in paper form. Citizens can view the map at Town Hall or by visiting the Town's new ConnectGlS website. (® 7.3.3 Regulatory Mechanism Do you have an ordinance in place that prohibits non-Stormwater from your drainage system? Yes. The Town's Stormwater Ordinance has been amended to address illegal dumping and illicit connections to the drainage system. The ordinance defines what is allowable in the storm drainage system, describes enforcement actions, and gives right of entry on to private property to inspect and/or remove an illicit connection. 7.3.4 Enforcement Actions Describe the methodology you will use to take enforcement actions needed when you find an illicit discharge. Include the process you will follow if different from the method of adopting or amending your current ordinance. Illicit Discharge enforcement is a four step process consisting of. -Inform the violator -Give violator time to repair or remove -Assess civil penalties and fines -Town will correct the problem at offender's expense t 7.3.5 Detection and Elimination Describe the plan you are going to follow to find and eliminate illicit connections. Address spills and illegal dumping as well. Include 10 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. Illicit connections will be identified through annual stormwater inspections. Water quality sampling will be performed at discharge points where dry weather flows are found if an obvious source cannot be determined through observation. Identified illicit discharges will be tracked and periodically evaluated. Spills will be reported to appropriate local authorities and local police and fire personnel will be trained in spill response. How will you find illicit connections? Illicit connections will be identified through annual stormwater system inspections. This will either be done visually or through use of a pipeline camera. How will you address spills, within your own operation and within the community? Spills will be reported to the correct local authorites and local fire and police personnel will be trained in spill response. How will you eliminate an illicit connection or discharge? r -Inform the violator -Give violator time to repair or remove -Assess civil penalties and fines -Town will correct the problem at offender's expense How will you evaluate your program and make changes over time? We will evaluate our program through the reduction of illicit discharges and dry weather flows. In addition, the Operations Advisory Committee and Town Council meet monthly. Any adjustments may be made through these channels. 7.3.6 Non Stormwater Discharges The following discharges will be classified as follows: (illicit/allowable) 1. Water line flushing: Allowable 2. Landscape irrigation: Allowable 3. Diverted stream flows: Allowable 4. Rising ground waters: Allowable 5. Uncontaminated ground water infiltration: Allowable 6. Uncontaminated pumped ground water: Allowable 7. Discharges from potable water sources: Allowable 8. Foundation Drains: I Allowable 9. Air conditioning condensation: 10. Imgation water: • 11. Springs: 12. Water from crawl space pumps 13. Footing Drains: 14. Lawn watering: 15. Residential car washing 16. Flows from riparian habitats and wetlands: 17. Dechlorinated swimming pool water: 18. Street wash water: 19. Flows from emergency fire fighting: 7.3.7 Pollutant Contributing Non Stormwater Discharge Allowable Allowable Allowable Allowable Allowable Allowable Allowable Allowable Allowable Allowable Allowable Are there any incidental discharges that you will define as NON STORWATER and ILLICIT for purposes within your community? If yes, describe them and how you will address them in your program. Yes. Sanitary sewer. We will clean up the sewer overflow immediately and report to local authorities if necessary. 7.3.819 Public Outreach 1 How will you inform the public, businesses and employees of the hazards Associated with illegal discharges and improper disposal of waste? Fliers will be distributed in utility bills and ads placed in local newspapers. 7.3.10 Decision Process and Program Approach The Stormwater Committee decided to follow the minimum requirements as set forth by the Federal NPDES regulations. 7.4 Construction Site Stormwater Runoff Control 7.4.1 NCDENR-DLR-Erosion and Sediment Control Program Do you rely on NCDENR(DLR) Erosion and Sediment Conrtol Program? Yes SContact Information NCDENR Division of Land Resources 12 Person: Mel Nevils Address: 1601 Mail Service Center, Raleigh, NC 27699-1601 I� Telephone: 919-733-4574 Do you have means for the public to notify proper authorities of observed erosion and sedimentation problems? Yes. The public may contact Town Hall via telephone or internet, Public Works Director is also available directly by phone and email. 7.5 Post Construction Stormwater Management in New Development and Redevelopment 7.5.1 BMP Table See Appendix B �. 7.5.2 Stormwater Management Ordinance Does Stormwater Management Program have an ordinance that addresses post -construction site runoff? Yes. The Town of Carolina Beach Ordinance, entitled Phase lI Stormwater Management Ordinance was completely updated and adopted in 2009 and is the primary regulation governing stormwater in the town. This ordinance addresses construction sites that are both over and under 10,000 sf. 7.5.3 Long Term Operation and Maintenance of BMP's Does Stormwater Management Plan have an ordinance or other regulatory format that requires plan reviews, long. term maintenance and use of BMP's for water quality controls? Yes. The ordinance requires plan reviews, long term maintenance and use of BMP's for water quality controls for new and redevelopment projects over 10,000 square feet. The ordinance requires that the construction meet State requirements. In addition, any construction, or addition of impervious material exceeding 500 square feet and less than 10,000sf is required to treat the first 1.5" of runoff. 7.5.4 Decision Process i Describe the process you followed in determining your plan of action for post construction site runoff controls. 13 The Town of Carolina Beach chose to follow State and Federal regulations, as well as make a stance on water quality improvement by adopting a more AS restrictive ordinance than is required by the Phase II program. This was voted on by the Operations Advisory Committee and the Town Council. What conditions exist in your community that are unique or require tailored BMP's? Carolina Beach is located on a manmade peninsula, surrounded on three sides by the Atlantic Ocean, Cape Fear River and the Intracoastal Waterway. This means a great deal of focus on water quality. The expensive costs of coastal land and relatively smaller lots means that BMP's have to be tailored to fit each lot on an individual basis. 7.5.5 Measurable Goals See Appendix B 7.5.6 Fecal Coliform Program Once detected, source of fecal coliform is eliminated immediately. Signs are posted for pet waste and flyers inserted into bills. The Town is currently installing stormwater treatment BMP's to treat water coming from outfalls. 7.5.7 Types of BMP's allowed within the Town. 14D The Stormwater Management Ordinance requires that BMP's used must coincide with those that are contained and detailed within the State BMP Manual. AD 7.5.12 BMP Operation and Maintenance The Town of Carolina Beach has a full time Stormwater Department. The Stormwater Management Ordinance also requires O+M plans on all BMP's that are installed. 14 0 7.6 Pollution Prevention/Good Housekeeping 7.6.1 BMP Table See Appendix B 7.6.2 Affected Operations Public Operations was affected by the past formation of the Stromwater Department. This Department is responsible for the Stoomwater portion of the Town's functions and for keeping other divisions informed of good housekeeping measures. 7.6.3 Municipal Operations Facilities List facilities that are subject to NPDES permits: Municipal Garage: NCGO80000 Cert. of Coverage: NCGO80667 Municipal Marina: NCG190000 Cert. of Coverage: NCG190058 Wastewater Treatment: NCG l 10000 Cert. of Coverage: NCG 110028 7.6.7 Maintenance Activities ® Pipes and ditches are cleaned of debris during normal maintenance as well as S on an as -needed basis. BMP's are installed where necessary and monitored regularly. The streets throughout the town are swept via a street sweeper that runs on a continuous basis. This prevents a great deal of sediment and debris from entering the system. Catch basins and pipes are monitored by eye and through the use of a town pipeline camera and cleaned by hand or with a vactor truck. Proper erosion control methods are incorporated at all town projects. 7.6.8 Reduction of Runoff from Municipal Operations A street sweeper is used to remove as much sediment and pollutants as possible from municipal operations facilities. Parking lots are kept clean by town staff. Bio retention areas are installed where applicable and useful in reducing runoff and capturing any pollutants that may occur in town facilities. The municipal garage exercises the proper disposal method for all debris and Chemicals. 7.6.9 Waste Disposal Debris removed from the town stormwater system during regular Maintenance is returned to the operations yard. Vegetation from ponds and ditches is allowed to compost. It, along with sediment and soil is then mixed together and allowed to set. This material is then used as fill material on town construction sites. Watery material from the vactor truck is disposed of in a drying bed, where the liquids settle out leaving only solid debris. 15 0 7.6.10 Flood Management Projects Capital improvement projects targeted to reduce flooding problems will be Evaluated for potential incorporation of water quality controls. The town has Installed numerous infiltration devices to help reduce flooding while also Capturing pollutants. Outfalls are currently being and have been studied to Reduce flooding as well as minimize pollutants. 7.6.11 Ordinance Modification The Stormwater Management Ordinance is reviewed and amended on an as Needed basis. State regulations governing stormwater, require us to occasionally modify our existing ordinance to be in compliance. This is handled through the Town Council so that the public may have imput. 7.6.12 Decision Process The pollution prevention plan for the municipal operations was derived based upon required BMP's. Any controls that can be taken to prevent pollutants from entering the system are taken. 7.6.13 BMP Measurable Goals • See Appendix B { A 16 a • � Public Works Department Stoimwater Div, Scott Weber' ;onst. Supervisor Ken Foltz I Rich Holt Sr. Const. Spec Sr. Const. Spec Chase Cordle Const. Spec. Chris Nichols ' Const. Specialist Brian StanberTy Public Works Drector Administration Environmental `Div. Connie Lowe Mark'Hewitt Michael C7laska Tim Lawrie Accf: Tech. 1 Supervisor Bldg. Maint. S Crew Leader *Electrician Position eliminated from Administration *Environmental Fulltime Position Replaced by 2 Temporary Fulltime employees (6 months) Tony Ammons Ben Meister )en. Maint. Wkr . Gen. Maint: Wkr Angelo Finney Rick Icenhower Gen. Maint Wkr. Gen. Maint Wkr. 3armt Hess Gen Maint Wkr. BPM Measurable Goals for Public Euucation & Yr Yr Yr Yr Yr Responsible Position/Party Outreach 1 2 3 4 5 1 Identify target Identify the target pollutant and target pollutant Stormwater Superintendent pollutants and sources the permittee's public education program is x target pollutant designed to address and why they are an issue sources 2 Identify target Identify the target audiences likely to have Stormwater Superintendent audiences significant storm water impacts and why they were x selected 3 Informational Web Promote and maintain internet web site. Examples Stormwater Superintendent Site include, but are not limited to: Post newsletter x articles on Stormwater, information on water quality, Stormwater projects and activities and ways do contact Stormwater management program staff. 4 Develop and Develop and distribute public education material to Stormwater Superintendent distribute public appropriate target groups as likely to have a education materials significant Stormwater impact. Instead of x to identified user developing its own material, the permittee may rely groups. For on state -supplied Public Education and Outreach example, schools, materials, as available, when implementing its own homeowners, program. and/or businesses 5 Media Campaign Document campaign reach and frequency to public Stormwater Superintendent for each broadcast media like radio and TV x (including those elements implemented locally or through a coo erative agreement b Establish Maintain a Stormwater hotlinelhelpline x Stormwater Superintendent Hotline/Help line i BMP Measurable Goals for Public Education and Yr Yr 1 Yr Yr Yr Responsible Position/Party Outreach 1 2 3 4 5 7 Establish a Public Education and The, permittee's outreach program, including those elements implemented locally or through a cooperative x x x x x Stormwater Superintendent Outreach Program agreement, must include at least 2 of the following: and implement *Newspaper articles, press releases within 12 months of *Kiosks and signage the permit issue *Targeted direct mail date *displays at the point of purchase *Utility bill inserts Thepermittee's outreach program, including those elements implemented locally or through a cooperative agreement, must include at least two of the following; •Public meetings *Community events • Contest o Stoi m drain marking •Stream and Litter cleanups •Group presentation and/or speeches Thepermittee's outreach program, including those elements implemented locally or through a cooperative agreement, must include at least three of the following: *News coverage •Wozkshops and class room outreach �Dis#ributing promotional giveaways and specialty items *Brochures, displays, signs, welcome packets and pamphlets •Local cable access •Newsletters For'each media, event or activity, including those elements implemented locally or through a cooperative agreement measure and record the extent of exposure. BPM Measurable Goals for Public InvuxVelnent and Yr Yr Yr Yr Yr Responsible Position/Party Participation 1 2 3 4 5 1 Administer a Public Develop and implement a Public Involvement and x x Stormwater Superintendent Involvement Program participation Program as outline in 2-5 below. 2 Allow the public an Conduct at least one public meeting in year 2 to x Stormwater Superintendent opportunity to review and allow the public an opportunity to review and comment on the comment on the Stormwater Plan. Stormwater Plan 3 Organize a volunteer Organize and implement a volunteer Stormwater x Stormwater Superintendent community involvement related program locally or through a cooperative program agreement to promote ongoing citizen participation. Examples include sponsoring and participating in Big Sweep, Forming partnerships with local businesses, Adopt a stream, Adopt a street, promoting volunteer presentations, Creek crawls, storm drain stenciling and poster contest 4 Establish a mechanism for Establish mechanism for public involvement for x Stormwater Superintendent Public involvement example, a citizens' or stakeholders' group(s) that provide input on Stormwater issues and the Stormwater program. 5 Establish Hotline/Help Maintain a Stormwater hotline/helpline x Stormwater Superintendent line BPM Measurable Goals for Illicit Discharge Detection and Yr Yr Yr Yr Yr Responsible Position/Party Elimination 1 2 3 4 5 I Develop/Implement Develop and implement an Illicit Discharge Detection x Stormwater Superintendent Illicit Discharge i and Elimination Program including provisions for Detection and 'program assessment and evaluation. Elimination Program 2 Establish and maintain Establish and maintain adequate ordinances or other x Stormwater Superintendent appropriate legal legal authorities to prohibit illicit discharges and enforce authorities the approved Illicit Discharge Detection and Elimination Pro ram 3 Develop a Storm Sewer Map identifying major outfalls and Stormwater drainage x Stormwater Superintendent System Base Map and 'system components. At a minimum, components include Inventory of Major major outfalls and receiving streams. Established Outfall. procedures to continue to identify, locate and update Ma2 of drainage system. 4 Inspection/detection Establish written procedures for detecting and tracing x Stormwater Superintendent program to detect dry the sources of illicit discharges and for removing the weather flows at MS4 sources or reporting the sources to the State to be outfalls. pro2erly permitted 5 Employee training Conduct training for appropriate municipal staff on x Stormwater Superintendent detecting and reporting illicit discharges. 6 Provide public education Inform public employees, businesses and the general x Stormwater Superintendent public of hazards associated with illegal discharges and isn ro er disposal of waste. 7 Establish a public Establish and publicize reporting mechanism for the x Stormwater Superintendent reporting mechanism public to report illicit discharges. Establish citizen request response procedures. 8 Establish procedures to Establish procedures to identify and report to the County x Stormwater Superintendent identify and eliminate health department failed septic systems located within failed septic system and the permittee's planning jurisdiction. Establish sanitary sewer procedures to identify and report sanitary sewer overflows. overflows and sewer leaks to the system operator. Ah a a BPl1T Measurable Goals for Post Consiruction Site YrJ Yr Yr Yr Yr Responsible Position/Party Runoff Controls 1 2 3 4 5 1 Establish a Post Develop and adopt by ordinance (or similar regulatory x Stormwater Superintendent Construction mechanism) a program to address Stormwater runoff Stormwater from new development and redevelopment. Implement Management Program and enforce the program within 24 months of the permit issue date 2 Establish strategies Develop strategies that include a combination of x Stormwater Superintendent which include BMPs structural and/or nonstructural BMPs. Implement them appropriate for the wihin 24 months of the permit issue date. Provide a MS4 mechanism to require long term operation and maintenance of structural BMPs. Require annual inspection reports of permitted structural BMPs performed by a qualified professional (i.e. someone trained and certified by NC State for BMP Inspection & Maintenance . 3 Establish a program Coordinate with County health department to control x Stormwater Superintendent under the Post the known sources of fecal coliform to the maximum Construction minimum extent practicable. Implement within 24 months of the measure to control the permit issue date. sources of fecal coliform to the maximum extent practicable 4 City Code, Permitting Ensure development activities will maintain the x Stormwater Superintendent Regulations, Easement project consistent with approved plans. and/or Deed Restrictions and Protective Covenants 5 Operation and Implement or require an operation and maintenance x Stormwater Superintendent Maintenance Plan plan that ensures the adequate long-term operation of the structural BMPs required by the program. The operation and maintenance plan may require the owner of each structural BMP to submit a maintenance inspection report on each structural BMP annually to the local program, BPM Measurable Goals for Post Construction Site Runoff Yr Yr Yr Yr Yr Responsible Position/Party Controls 1 12 3 4 5 6 f 7'6acks for Built -upon Require built -upon areas to be locate.. 7least 30 feet I x I I Stormwater Superintendent areas landward of all perennial and intermittent surface ` l waters except as provided for in the permittee's approved Post-Constructibn Stormwater Ordinance. For purposes of this section, a surface water shall be present if the feature is shown on either the most recent version of the soil survey trap prepared by the Natural Resources Conservation Service of the US Dept. of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the US Geologic Survey. Relief from this requirement amy be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 02B .0233 (3)(a). Measurable Goals for Pollution Pi BPM Good Housekeeping for Municipal O E 1 Develop an operation Develop an operation and maintenance prod and maintenance structural Stormwater BMPs, storm sewer s, program maintenance which may include street swee municipal operations such as recycling and household hazardous waste and oil collectic 2 Develop Site Pollution Develop and implement Site Pollution Prev+ Prevention Plan for Plan for Municipal Facilities owned and op( Municipal Facilities the permittee with the potential for generatii polluted Stormwater runoff that has the ulth of preventing or reducing pollutant runoff. 3 Inspection and Maintain an inventory of facilities and operr evaluation of facilities, owned and operated by the per " tee with tl operations, and the potential for generating polluted Stormwate MS4 system and including the MS4 system and associated st associated structural BMPs. Conduct inspections at facilities and BMPs. operations owned and operated by the perm. potential sources of polluted runoff, the Sto, controls, and conveyance systems. Evaluate sources, document deficiencies, plan Correa actions, implement appropriate controls and document the accomplishment of corrective 4 Conduct staff training Conduct staff training specific for pollution prevention and good housekeeping rocedu. 5 Review of municipality Conduct annual review of the industrial acti owned or operated with a Phase I NPDES Stormwater permit c regulated industrial operated by the permittee. Review the folloi activities aspects: the Stormwater Pollution Preventio where one is required, the timeliness of any monitoring reports required by the Phase I f and the results of inspections and subsequer up actions at the facilities 5 Spill Response Establish spill response procedures far mun Procedures operations owned and operated by the perm the potential to generate polluted Stormwatf `.ion and Yr Yr Yr Yr Yri Responsible Posit gyrations 1 2 3 4 5 ;ram for x Stormwater Super ystem t ;ping and in sntion x Stormwater Supe -,rated by zg nate goal . F itions x Stormwater Super Ze r runoff, ructural ittee for rmwater the five actions. res ion/Party intendent ntend ent intendent i intendent ntendent BPM 7 Prevent or Minimize Contamination of Stormwater Runoff from all areas used for vehicle and equipment cleaning Measurable Goals for Pollution Pri. Good Housekeeping for Municipal Describe measures that prevent or minir contamination of the Stormwater runoff areas used for vehicle and equipment ch perform all cleaning operations indoors, cleaning operations, ensure wastewater c sanitary sewer system, collect Stormwat from the cleaning area and providing tre recycling, or other equivalent measures, sewer is not available to the facility and operations take place outdoors, the cleat operations shall take place on grassed of areas to prevent point source discharges washwater into the storm drains or surfe Where cleaning operations cannot be pe described above and when operations ar in the vicinity of a storm drainage collet the drain is to be covered with a portable during clean activities. Any excess pone shall be removed and properly handled I removing the drain cover. The point source discharge of vehicle ar wash waters, including tank cleaning op not authorized by this permit and must 1 under a separate NPDES permit or discl sanitary sewer in accordance with applia industrial pretreatment requirements. Aft Won and Yr Yr Yr Yr Yr1 72 Responsible Positi 1 2 3 4 5 Operations ' if nize x E Stormwater Superii 'from all ,aning. coverthe train to er runoff .atment or l If sanitary cleaning ling - graveled of the .ce waters. rformed as e performed -tion system, a drain cover led water )rior to id equipment erations, are )e covered rarged to a able itendent Town of Carolina Beach NORTH CAROLINA • USA • 28428 lug 1121 N. Lake Park Blvd. Carolina Beach, North Carolina 28428 Operations Department Brian Stanberry, Public Works Director brianstanbern- a�canilinabeach.ore 910-458-8291 (phone) 914-458-2528 (fax) May 5, 2011 To Whom it May Concern, This letter serves as official notification that the Town of Carolina Beach Public Works Director, Brian Stanberry, is hereby authorized to sign the Stormwater NPDES Phase I1 Permit, on behalf of the Town of Carolina Beach. If there are any questions or concerns, please contact the Town at 910-458-8291. i�Sincerely, Ti wens Town Manager Town of Carolina Beach • Stormwater Management Ordinance m 0 ,�n Carolina Beach — Draft Phase U Stormwater Ordinance ARTICLE IV. PHASE H STORMWATER MANAGEMENT ORDINANCE* *Note: See editor's note following ch. 12, Art. V. [DIVISION 11 IN GENERAL Sec.16-171. Title. This chapter shall be known as "The Phase II Stormwater Management Ordinance of the Town of Carolina Beach, North Carolina", referred to herein as "this ordinance." (Ord. No. 02-521, 9-26-02) See. 16-172. Findings and Purpose. It is hereby determined that: (a) Development and redevelopment alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, soil erosion, stream channel erosion, nonpoint and point source poliutiori, and sediment transport and deposition, as well as reducing groundwater recharge; (b) These changes in stormwater runoff contribute to increased quantities of water -borne pollutants and alterations in hydrology that are harmful to public health and safety as well as to the natural environment; and (c) These effects can be managed and minimized by applying proper design and well -planned BWs to manage stormwater runoff from development sites. (d) Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act') and federal Phase II Stormwater Rules promulgated under it, as well as rules of the North Carolina Environmental Management Commission promulgated in response to federal Phase H requirements, compel certain urbanized areas, including this jurisdiction, to adopt minimum stormwater design standards such as those included in this ordinance. (e) Therefore, the Town of Carolina Beach establishes this set of water quality and quantity regulations to meet the requirements of state and federal law regarding control of stormwater runoff and discharge. (f) The purpose of this chapter is to protect and promote the public health, safety and general welfare, and to safeguard the natural resources of the Page ] of 37 town by regulating stormwater runoff and illicit discharges into ® municipal stormwater systems. This is accomplished by requiring permits for and imposing conditions and requirements upon development activities, and by establishing procedures upon development activities, and by establishing procedures by which these requirements and conditions are to be administered and enforced. (g) The - impacts of stormwater cannot be addressed solely through best management practices on individual properties_ The town has a role in management of stormwater through the planning, construction, operation and maintenance of BMPs to reduce the adverse effects of stormwater. (Ord. No. 02-521, 9-26-02) Sec. 16-173. Design Manual. (a) The Director of Stormwater Management shall use the policy, criteria, and information, including technical specifications and standards, in the North Carolina Division of Water Quality Best Management Practices Manual (Design Manual) as the basis for decisions about stormwater permits and about the design, implementation and performance of structural and non-structural stormwater BWs. (b) The Design Manual includes a list of acceptable Stormwater BMPs, including specific design criteria for each stormwater BMP. Stormwater BMPs that are • designed, constructed, and maintained in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards of the Phase II laws. • (c) The current version of the Design Manual at the time of original permit application shall be used to determine design specifications for all submittals and minor revisions to approved plans subsequent to the original application for each development project. All major modifications to approved plans, including redevelopment projects, shall be subject to current design specifications and criteria as of the date of request for modification or redevelopment application unless otherwise agreed to, in writing, by the Director of .Stormwater Management. Sec. 16-174. Applicability of this Chapter. (a) Except as otherwise provided herein, the provisions of this chapter shall apply to each of the following: (1) Beginning with and subsequent to its effective date, this ordinance shall be applicable to all development activity including, but not limited to, site plan applications, building permit applications, subdivision applications, and grading applications, unless otherwise specifically listed. Page 2 of 37 (2) Any development activity on undeveloped or vacant land that creates five hundred (500) square feet or more of impervious surface area, or is part of a larger common plan of development that cumulatively creates 500 square feet or more of impervious surface area. (3) Any redevelopment activity on previously developed land that cumulatively disturbs, replaces, or otherwise alters 500 square feet or more of impervious surface area or at least 50 percent of the existing impervious footprint. (4) Any expansion project which results in a cumulative increase of lot impervious area (existing and proposed) greater than 500 square feet (5) Any development, redevelopment or expansion project for which a construction cost estimate, prepared by a licensed contractor or professional engineer, exceeds 50% of the tax assessment value or assessed value of all existing structures on the subject property. (6) All new major subdivisions as defined in Chapter 12 of the Town Code, Article M, Sec. 12-37. (b) In applying the provisions of this chapter, the cumulative area of the proposed development activity and all development activity on a site within a two year period immediately preceding the date of appheation for a stormwater discharge permit shall be considered together. • (c) Activities that are exempt from permit requirements of Section 404 of the federal Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming and forestry activities) are exempt from the provisions of this ordinance. (d) The provisions of this ordinance shall apply within the areas designated on the map titled "Phase H Stormwater Map of The Town of Carolina Beach, North Carolina" ("the Stormwater Map"), which is adopted simultaneously herewith. The Stormwater Map and all explanatory natter contained thereon accompany and are hereby made a part of this ordinance. (e) The Stormwater Map shall be kept on file by the Director of Stormwater Management and shall be updated to take into account changes in the land area covered by this ordinance and the geographic location of all structural BMPs permitted under this ordinance. In the event of a dispute, the applicability of this ordinance to a particular area of land or BAffl shall be determined by reference to the North Carolina Statutes, the North Carolina Administrative Code, and local zoning and jurisdictional boundary ordinances. (Ord. No. 02-521, 9-26-02) See. 16-173. Definitions. For the purpose of this chapter, and any rules or regulations established hereunder, the definitions published in 15A NCAC 02H.1002, GS 143-212 and CS 143-213 shall be Page 3 of 37 used when not in conflict with the definitions set out below. Certain words and terms used herein are defined as follows: Applicant: An owner or developer of a site who executes the forms required for the obtaining of a stormwater discharge permit pursuant to this chapter. Authorized registered professional: A professional engineer, registered land surveyor, landscape architect or other professional registered, licensed or certified pursuant to the North Carolina General Statutes and authorized by law to prepare the plans and specifications and provide the certifications required by the various provisions of this chapter. Best management practice (BW): A structural or nonstructural stormwater management based practice used singularly or in combination to reduce non - point source inputs to receiving waters in order to achieve water quality protection goals. Built upon area (BUA). The portion of developed land which is covered by impervious, or partially impervious cover including but not Iimited to buildings, pavement; gravel, and parking areas. (Note: Wooden slatted decks shall not constitute built upon area so long as adequate spacing is provided between the wood slats to allows for rainwater to drain through the slats. A portion of pervious pavement area shall be considered impervious as defined in the Design Manual) • Clearing: Any activity, which removes the vegetative ground cover. r` Common plan of development: Any contiguous land area or parcel where multiple land disturbing activities may be taking place simultaneously or in separate phases, under one proposed plan, master plan, plat, permit application, unit development, development district, or advertisement. Detention: The storage, and possible treatment, of stormwater runoff with subsequent discharge to surface waters. Developed land: Parcels altered from a natural state by construction or installation of impervious surfaces, For new construction, parcels shall be considered developed upon final approval of the site improvements by the town. Development: Any project resulting in the construction, replacement or alteration of impervious surface on a given property. Developer: A person undertaking any or all the activities covered by this chapter, or for whose benefit such activities are commenced or carried on. General contractors or subcontractors, or both, without a proprietary interest in a project are not included within this definition. Director ofStormwaterManagement: The authorized representative for the town manager, to direct and administer the provisions of this ordinance. Page 4 of 37 Equivalent residential unit (ERU): Two -thousand (2000) square feet of impervious surface. 0 Erosion: The process by which the ground surface is worn by the action of wind, water, ice or gravity. Expansion: The replacement of pervious land area with the addition of new building(s), structure(s), parking lot(s), or any other new impervious surface(s) on a site currently meeting the definition of Developed Land. Construction of any new impervious surface on an area previously pervious area within a parcel which does not meet the definition of redevelopment, in whole or in part, as defined in this section shall be considered as expansion. Facility: Shall mean a stormwater management'facility, and shall include all land, materials, and appurtenances used in construction and operation of said facility. Facilities include, but are not necessarily limited to, retention ponds, detention ponds, open and closed systems, etc. Fill: Any act, or the conditions resulting therefrom, by which soil, earth, sand, gravel, rock or any similar material is deposited, placed, pushed, pulled or transported. Floodplain: Any land susceptible to being inundated by water from any source. Grading: Any act causing disturbance of the earth. This shall include but is not limited to any excavating, filling, stockpiling of earth materials, grubbing, root mat or topsoil disturbance, or any combination of such. Illicit discharge: Any discharge to a town separate storm sewer that is not composed entirely of stormwater except discharge pursuant to a NPDES permit (other than the NPDES permit for discharge from the town separate storm sewer) and discharges resulting from firefighter activities. ,Impervious: The condition of being impenetrable by water. Impervious surface area shall include but is not limited to buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. Impervious area does not include a wooden slatted deck, or the water area of a swimming pool. Land disturbing activity: Any earth movement and land use changes which may result in soil erosion. National Pollutant Discharge Elimination System (NPDES): A permitting system established by Section 402 of the Clean Water Act. NPDES permits are issued by the State of North Carolina for discharges directly to the surface waters of the state. Non erosive velocity: The velocity of flowing water which will not cause erosion, siltation or scouring within a drainage way. Calculations to determine velocity shall take into account the physical conditions of the drainage way 0 Page 5 of 37 including but not limited to shape, slope, surface condition and contributing watershed. Non -single family residential use: Any land use other than single family residential, except for undeveloped land. Off -site facility: With respect to any particular property, shall mean a stormwater BMP serving said property but not located on said property. One-year, 24 Hour storm event. 4.05 inches of rainfall within a 24-hour period On-sitefacility: With respect to any particular property, shall mean a stormwater BMl'scrving the subject property and located thereon. Owner: The owner or owners of a site on which land disturbing activity is, will, or has been done. Permit: Either a stormwater discharge, building, erosion and sedimentation control, or subdivision development construction permit, as may be appropriate within the context of the specific provision of this chapter. Permittee: Any person to whom a stormwater discharge, building, or subdivision development construction permit is issued pursuant to this chapter. Person: Any individual, corporation, partnership, joint venture, agency, ® unincorporated association, municipal corporation, county, state, or federal agency or any combination thereof. [ Pervious: Ground that permits penetration of water, opposite of impervious. Permeable pavement: Paving material that absorbs water or allows water to infiltrate through the paving material to natural soil below. Permeable pavement materials include porous concrete, permeable interlocking concrete pavers, concrete grid pavers, porous asphalt, and any other material with similar characteristics. Compacted gravel shall not be considered permeable pavement. Predevelopment state: A site in its natural condition prior to any development activity. Private facility/BMP: Any stormwater facility or BMP not owned and operated by the Town of Carolina Beach. Public facility: Any stormwater BMP owned and operated by the Town of Carolina Beach, the State of North Carolina, government agency, or federal agency. Redevelopment: The alteration or replacement of impervious area on a site which meets the definition of Developed Land, as described above, not to include interior remodeling or interior modifications which do not include substantial • structural modifications to the facility. Page 6 of 37 Retention: The storage, and possible treatment, of stormwater runoff without • subsequent discharge to surface waters. Sediment: Soil transported or deposited by the action of erosion or artificial means. Single family residential use: One structure on one parcel containing only one house unit, to include attached garages, and any other structures that maybe on the lot to include sheds, car ports, slabs of concretes, etc. Site: That portion of land, lot or parcel of land, or combination of contiguous lots or parcels of land upon which grading or other land disturbing activity is to be performed. Soil: Any earth, sand, gravel, rock or other similar material. Standards and specifications: Those standards and specifications relating to stormwater management that may now or hereafter be established. Stormwater discharge permit: The permit issued by the Town of Carolina Beach authorizing stormwater discharge activities in accordance with this chapter and applicable ordinances and regulations. Stormwater management plan: A plan designed to minimize erosion, prevent off -site sedimentation treat stormwater runoff, and control stormwater, submitted as a prerequisite to obtaining a stormwater discharge permit. The plan shall be prepared and designed in accordance with this chapter, town regulations, and applicable state laws and regulations, including applicable standards and specifications. Stormwater system: All manmade structures or natural features within the Town of Carolina Beach that serve to provide for conveyance of nmoff water resulting from natural storm events_ Components of the stormwater system include but are not limited to swales, ditches, pipes, channels, creeks, ponds, weirs, culverts, manholes, inlet structures, and tidal gates. Stormwater management: (1) For quantitative control, a system of vegetative and structural measures which control the increased volume and rate of surface runoff caused by manmade changes to the land and have the effect of maintaining the predevelopment patterns of flood magnitude and frequency, (2) for qualitative control, a system of vegetative, structural, and other measures which control or treat pollutants carried by surface runoff. Substantial progress: A level of accomplishment or work on a project, or development, which produces measurable and verifiable evidence that the owner or permit holder is in the process of completing all work specifically shown on the approved plans for the development activity for which the permit was issued. Ten-year frequency storm event: 10 percent annual chance storm of a 24 hour duration or an intensity based on the time of concentration determined based on watershed conditions. 0 Page 7 of 37 Town manager: The town manager of the Town of Carolina Beach or the town manager's authorized representative. Undeveloped land: Land that does not meet the definition of developed land. Vegetated conveyance: Any drainage way, conveyance, swale, ditch, channel or stream with a surface consisting of, and able to support the growth of grass or other natural vegetative ground cover capable of protecting the conveyance from erosion, siltation and scour. Certain temporary and flexible liners may be used to provide additional protection against erosion, siltation and scour provided that the liner does not restrict the infiltration of water into the natural soil material or create impervious surface within the drainage way. Water course or drainage way: Any natural or artificial water course, including, but not limited to: streams, rivers, creeks, ponds, lakes, ditches, channels, canals, conduits, culverts, drains, waterways, gullies, ravines, or washes in which waters flow in a definite direction or course, either continuously or intermittently; and including any area adjacent thereto which is subject to inundation by reason of overflow or flood water. Wetlands (404 Wetlands): Wetlands means those areas defined by the U.S. Army Corps of Engineers as jurisdictional 404 wetlands. (Ord. No. 02-521, 9-26-02) 0 Sec.16-176. Interpretation. (a) In interpreting and applying this chapter the requirements contained herein are declared to be minimum requirements which are imposed and are to be conformed to, and are in addition to, and not in lieu of, all other legal requirements, and shall be liberally construed to accomplish the purposes set forth herein. (b) This chapter shall not be deemed to interfere with, abrogate, annul, or otherwise affect in any manner whatsoever any ordinance, rules, regulations, permits, easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes greater restrictions and controls with respect to stormwater management than are imposed or required by other ordinances, rules, regulations, permits, easements, covenants, or agreements between parties, the provisions of this chapter shall prevail. (e) Where multiple regulations, ordinances or rules are present for any given project requiring a permit under this ordinance, the more restrictive rule shall apply unless otherwise determined by the Director of Stormwater Management. (Ord. No. 02-521, 9-26-02) See.16-177. Administrations. 0(a) The Director of Stormwater Management is hereby authorized and directed to administer the provisions of this chapter, and shall have such other powers and Page 9 of 37 perform such other duties as are set forth in other sections of this chapter and as may be conferred or imposed from time to time. S (b) The Director of Stormwater Management is hereby authorized to establish regulations and guidelines, by whatever title, for the implementation of the provisions of this chapter, including but not limited to establishing specific requirements and standards which shall govern land disturbing activities and the utilization and implementation of stormwater BMPs, inspections and enforcement. Said regulations shall become effective upon their approval by the town council. (c) The Director of Stormwater Management shall also have the following powers under this ordinance: (1) For those applications to be reviewed by the Town of Carolina Beach, to review and approve, approve with conditions, or disapprove applications for approval of plans pursuant to this ordinance. (2) To make determinations and render interpretations of this ordinance. (3) To establish application requirements and schedules for submittal and review of applications and appeals, to review and make recommendations to town council on applications for development or redevelopment approvals. (4) To enforce the provisions of this ordinance in accordance with its enforcement provisions. 0 (5) To maintain records, maps, forms and other official materials as relate to the adoption, amendment, enforcement, and administration of this ordinance. (6) To provide expertise and technical assistance to the town council, upon request. (7) To designate appropriate other persons) who shall carry out the powers and duties of the Director of Stormwater Management. (8) To take any other action necessary to administer the provisions of this ordinance. SEC. 16-178. Effective Date and Transitional Provisions. (a) (b) Effective Date This Ordinance shall take effect on . 2009. Final Approvals, Complete Applications All development and redevelopment projects for which complete and full applications were submitted to the State of North Carolina or the Town of Carolina Beach prior to the effective date of this ordinance and which remain Page 9 of 37 valid, unexpired, unrcvoked and not otherwise terminated at the time of ® development, or redevelopment shall be exempt from complying with all provisions of this ordinance dealing with the vegetated buffers and/or management of post -construction runoff, but shall be required to comply with all other applicable provisions, including but not limited to illicit discharge provisions. A phased development plan shall be deemed approved prior to the effective date of this ordinance if a complete application has been received by The State of North Carolina Division of Water Quality or the Town of Carolina Beach, and it remains valid, unexpired, unrevoked and not otherwise terminated, and it shows: (1) For the initial or first phase of development, the type and intensity of use for a specific parcel or parcels, including at a minimum, the boundaries of the project and a subdivision plan that has been approved. (2) For any subsequent phase of development, sufficient detail so that implementation of the requirements of this ordinance to that phase of development would require a material change in that phase of the plan. (c) Violations Continue Any violation of provisions existing on the effective date of this ordinance shall continue to be a violation under this ordinance and be subject to penalties and enforcement under this ordinance unless the use, development, construction, or • other activity complies with the provisions of this ordinance. Sec. 16-179. Delegation of Reviewing Agency. All applications for stormwater management permits shall be submitted to the Town of Carolina Beach Director of Stormwater Management for review. The Director of Stormwater Management reserves the right to delegate review of submitted stormwater plans to a designated reviewing authority or third party contractor at any time. All application packages shall conform to the design standards listed in this ordinance unless otherwise agreed to in writing by the applicant, Town of Carolina Beach Director of Stormwater Management, and other affected departments or agencies. [DIVISION 2.1 STORMWATERDISCHARGE PERM11S. Sec.16-180. Reserved. Sec. 16-181. Stormwater Discharge Permit Required. No owner or developer of a site shall commence any of the development activities defined in section 16-175 without obtaining a stormwater discharge permit pursuant to the provisions of this chapter. 0 (Ord. No. 02-521, 9-26-02) Page 10 of 37 Sec.16-182. Application. • (a) An application for a stormwater discharge permit shall be made by, or on behalf of, the owner(v) or developers) of the site for which a permit is sought. A separate application shall be required for each permit, but a permit and application therefore may cover any number of contiguous lots being developed as a single project. The application shall be filed with the town on a form supplied by the town, and signed by the applicant, or by the applicant's agent or representative. (b) Effect of Permit A stormwater permit shall govern the design, installation, and construction of stormwater BMPs on the site, including structural BWs and elements of site design for stormwater management other than structural BMPs. The permit is intended to provide a mechanism for the review, approval, and inspection of the approach to be used for the management and control of stormwater for the development or redevelopment site consistent with the requirements of this ordinance, whether the approach consists of structural BMPs or other techniques such as low -impact. The permit does not continue in existence indefinitely after the completion of the project; rather, compliance after project construction is assured by the maintenance provisions of this ordinance. (c) Each application for a stormwater discharge permit shall include the following: (1) The name, address and telephone number of the applicants) and of the person signing the application, if different than the applicant. (2) A complete and detailed stormwater management plan, including detailed design plans and construction specifications (refer to the Design Manual), for stormwater management facilities; the exact location of any on -site stormwater management facility and the easement(s) for said facility; and the exact location of any access easement(s), (3) The specifics of any off -site stormwater management facilities to be utilized, including the amount and proof of any contribution thereto; (4) All necessary easements and stormwater management maintenance agreements; and (5) The appropriate stormwater discharge permit application fee as set forth in the current fee schedule published by the Town. (d) Submittal of Complete Application Applications shall be submitted to the Director of Stormwater Management pursuant to the application submittal schedule in the form established by the Director of Stormwater Management, along with the appropriate fee established pursuant to this section. S Page l l of'37 An application shall be considered complete only when it contains all required elements of a application pursuant to this ordinance, along with the appropriate fee. If the Director of Stormwater Management finds -that an application is incomplete, the applicant shall be notified of the deficient elements and shall be provided with an opportunity to submit a complete application. (Ord. No. 02-521, 9-26-02) Sec. 16-183. Issuance. No stormwater discharge permit shall be issued until the following conditions are met: (a) Approval of a stormwater management plan by the Director of Stormwater Management: (b) Submission and approval of any required easements and stormwater management inspection and maintenance agreements or other documents as required by this chapter. All documents required by this section shall be fully exocuted prior to the recordation of the final subdivision plat or issuance of the certificate of occupancy. (c) Payment of stormwater management contribution where off -site stormwater management is applicable. ® (d) Payment of all required application fees. (e) Compliance with all applicable laws, ordinances, regulations, standards and specifications. (Ord. No. 02-521, 9-26-02) Sec. 16-184. Issuance, Non -Transferability. Stormwater discharge permits shall be issued in the name of the applicant(s). No permit issued to a project subject to this ordinance, and which disturbs, constructs, replaces, or otherwise alters more than 10,000 sf built upon area shall be transferred or assigned without the written consent of the town. (Ord. No. 02-521, 9-26-02) Sec. 16-185. Conditions of Approval. The Director of Stormwater Management shall review all submitted permit applications, and shall notify the applicant of any deficiencies or comments, or shall issue the stormwater discharge permit, within 45 days from the date of the most recent submittal. Page 12 of 37 If the Director of Stormwater Management finds that the application complies with the standards of this ordinance, the Director of Stormwater Management • shall approve the application. All stormwater discharge permits are conditioned on compliance with the approved plan and with all relevant laws, ordinances, regulations and standards of any state or local government or agency, including any standards established by the town relating to stormwater management. Permits are also conditioned on the agreement and obligation of the applicant to hold harmless the town, its officers and employees, from any expense incurred through the failure of the applicant, or the applicant's agents to complete any required stormwater management measures, or from any damages growing out of the negligence of the applicant or the applicant's agents in connection with stormwater management measures. (Ord. No. 02-521, 9-26-02) Sec. 16-186. Denial of Stormwater Discharge Permit. (a) No stormwater discharge permit shall be issued if it is found that the work proposed by the applicant will endanger any property or public way or pollute any water in violation of any federal or state standard or this chapter. Factors to be considered shall include, but not be limited to, possible saturation by rains, earth movement, surface water runoff, soil erosion, sedimentation, siltation, and subsurface conditions such as the nature and type of soil and rock. (b) No stormwater discharge permit shall be issued for activities within the 100-year flood plain of any stream or water course, until a determination has been made that said activity is in compliance with the town's flood plain regulations. (c) The town may deny the issuance of any permit to an applicant when it determines that the applicant is not in compliance with the provisions of an approved stormwater management plan for any project within the jurisdiction of the town. (d) Failure of the Director of Stormwater Management to observe or recognize hazardous conditions or failure to deny the stormwater discharge permit shall not relieve the permittee from responsibility for the conditions or damages resulting there from and shall not result in the town, its officers or employees, being responsible for the damages resulting there from. (e) If the Director of Stormwater Management, or designated reviewing authority, finds that the application fails to comply with the standards of this ordinance, the Director of Stormwater Management shall notify the applicant and shall indicate how the application fails to comply. The applicant shall have an opportunity to submit a revised application. (f) A complete revised application shall be reviewed by the Director of Stormwater Management, or designated reviewing agency, after its re -submittal and shall be approved, approved with conditions or disapproved. 0 Page 13 of 37 • (g) If a revised application is not re -submitted within thirty (30) calendar days from the date the applicant was notified, the application shall be considered withdrawn, and a new submittal for the same or substantially the same project shall be required along with the appropriate fee for a new submittal. (h) One re -submittal of a revised application may be submitted without payment of an additional permit review fee. Any re -submittal after the first re -submittal shall be accompanied by a permit review fee additional fee, as established pursuant to this ordinance. (Ord. No. 02-521, 9-26-02) See. 16-187. Expiration and Renewal. (a) The Director of Stormwater Management may void any approved plan or permit if the applicant fails to make substantial progress on the site within one year after the date of approval, or during any uninterrupted three month period thereafter until all conditions of the approved permit have been met. The Director of Stormwater Management may grant a single, one-year extension of this time limit, for good cause shown, upon receiving a written request from the applicant before the expiration of the approved plan. (b) In granting an extension, the Director of Stormwater Management may require compliance with standards adopted since the original application was submitted unless there has been substantial reliance on the original permit and the change in ® standards would infringe the applicant's vested rights. (c) If the stormwater discharge permit expires, the permittee shall make application for a new permit in accordance with this article. • (Ord. No. 02-521, 9-26-02) See. 16-188. Authority to Revoke or Suspend. The Director of Stormwater Management shall have the authority to suspend or revoke any stormwater discharge permit and to issue a stop work order for any violation of this chapter, applicable technical standards, stormwater discharge permit, any state, federal or local law applicable to the work or changes in site characteristics upon which plan approval and permit issuance was based. (Ord. No. 02-521, 9-26-02) Sec. 16-189. Permit Review Fees. The Town of Carolina Beach shall establish permit review fees as well as policies regarding refund of any fees upon withdrawal of an application, and may amend and update the fees and policies from time to time. Page 14 of 37 Sec. 16-190. Concept Plan and Consultation Meeting. (a) Before a stormwater management permit application is deemed complete, the Director of Stormwater Management or developer may request a consultation on a concept plan for the post -construction stormwater management BMPs to be utilized in -the proposed development project. `Ibis consultation meeting should take place at the time of the preliminary subdivision planning or other early step in the development process. The purpose of this meeting is to discuss the post - construction stormwater BMPs necessary for the proposed project, as well as to discuss and assess constraints, opportunities and potential approaches to stormwater management designs before formal site design engineering is commenced_ Local watershed plans and other relevant resource protection plans should be consulted in the discussion of the concept plan. To accomplish this goal, the following information should be included in the concept plan, which should be submitted in advance of the meeting: (1) Existing Conditions / Proposed Site Plans Existing conditions and proposed site layout sketch plans, which illustrate at -a minimum: existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys (if available); boundaries of existing predominant vegetation; proposed limits of clearing and grading; and location of existing and proposed roads, buildings, parking areas and other impervious surfaces. (2) Natural Resources Inventory A written or graphic inventory of natural resources at the site and surrounding area as it exists prior to the commencement of the project. This description should include a discussion of soil conditions, forest cover, geologic features, topography, wetlands, and native vegetative areas on the site, as well as the location and boundaries of other natural feature protection and conservation areas such as lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.). Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development and stormwater management. • Page 15 of 37 j (b) Stormwater Management System Concept Plan A written or graphic concept plan of the proposed post -development stormwater management system including: preliminary selection and location of proposed structural stormwater BWs; low -impact design elements; location of existing and proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; location of floodplainlfloodway limits; relationship of site to upstream and downstream properties and drainages; and preliminary location of any proposed stream channel modifications, such as bridge or culvert crossings. [DIVISION 3.1 STORMWATER MANAGEMENT PLANS Sec.16-191. Reserved. Sec. 16-192. Plan and Specification Requirements. An approved stormwater management plan and construction specifications are required for all activities requiring a stormwater discharge permit, and shall be available on -site at all times_ The plan and specifications shall be prepared and sealed by an authorized registered professional engineer. The plan and specifications shall meet the regulations and requirements of this chapter, and the criteria contained in any applicable standards and specifications adopted by the town council. If conflicting regulations or requirements apply, the more restrictive shall be used. (Ord. No. 02-521, 9-26-02) Sec. 16-193. Required Approvals. (a) Plans and specifications for stormwater management require the approval of the town, and appropriate state and federal agencies. (b) The various approving departments and agencies may request additions, deletions and modifications to the plan as deemed necessary prior to approval. Said modifications shall be reflected on a revised plan prior to approval and issuance of the stormwater discharge permit. (Ord. No. 02-521, 9-26-02) Sec. 16-194. Modification of Approved Plan. (a) No modification of the approved plan shall be made until approved by the town in accordance with its rules and regulations. (b) Requests for modifications to an approved plan shall be submitted in writing to the Director of Stormwater Management. (c) All modifications shall be made in accordance with the criteria contained in the Design Manual and other applicable state law or regulation. Page 16 of37 (Ord. No. 02-521, 9-26-02) Sees. 16-195, 16-196. Reserved. [DIVISION 4.1 ON -SITE STORMWATER MANAGEMENT. See. 16-197. Wilmington Beach Subdivision (a) Projects located within the Wilmington Beach subdivision, as shown on the current Phase It stormwater map, which -are subject to the requirements of this ordinance shall be required to pay a fee to the Town in lieu of construction any structural stormwater best management practices in accordance with Section 16- 201. Sec. 16-198. (a) Design and Construction of Stormwater Management BMPs. Post -construction model practices for all projects. — The following standards apply to all projects to which this ordinance is applicable, as defined in Section 16-174. (1) All projects subject to the requirements of this ordinance must use structural stormwater management systems that will control and treat runoff from the first one and one-half inches (15) of rain. Projects that are subject to this ordinance, and disturb, construct, replace, or otherwise alter more than 10,000 sf built upon area, and are located within one-half mile and draining to Class SA must control and treat the difference in the stormwater runoff volume between the predevelopment and post -development conditions for the one-year, 24- hour storm (. The rninimunn runoff volume to be treated shall be calculated based on the entire treatment area, as outlined in 16-198 (b), and the project's location_ All structural stormwater BMPs must also meet the following design standards: (i) Draw down the treatment volume no faster than 48 hours, but no slower than 120 hours. (ii) Discharge the storage volume at a rate equal to or less than the predevelopment discharge rate for the one-year, 24-hour storm. (iii) Remove an eighty-five percent (85%) average annual amount of Total Suspended Solids. (iv) Meet the General Engineering Design Criteria set out in 15A NCAC 02H .I008(c) (v) Wet detention ponds designed in accordance with the requirements of subsection (iv) may be used for projects within one-half mile of and draining to Class SA waters. If a wet detention pond is used within one-half mile of Class SA waters, installation of a stormwater best management practice in series with the wet detention pond shall be required to treat the discharge from the wet detention pond. Secondary stormwater • C 0 Page 17 of 37 I* f • best management practices that are used in series with another stormwater best management practice do not require any minimum separation from the seasonal high water table. (vi) Control and treat runoff from all impervious area and permeable pavement, within the contributing drainage area unless otherwise approved in writing by the Director of Stormwater Management. (vii) All structural stormwater BMPs on projects which disturb, construct, replace, or otherwise alter greater than 10,000 sf of impervious area shall be located in recorded drainage easements for the purposes of operation and maintenance and shall have recorded access easements to the nearest public right-of-way unless otherwise approved in writing by the Director of Stormwater Management. These easements shall be granted in favor of the party responsible for operating and maintaining the stormwater management facilities (viii) All structural BMPs shall meet the requirements of Division 6 of this ordinance (b) The treatment area shall be determined as follows- (1) For new development, the treatment area shah include all land area located within the project boundary (2) For redevelopment and expansion projects which disturb, construct, replace, or otherwise alter at least 500 square feet but no more than 9,999 square feet -of impervious AND disturb, add, replace, or otherwise alter an impervious area equivalent to less than 50% of the existing impervious surface area on site, the treatment area shall include only those portions of the site which have been disturbed, constructed, replaced or otherwise altered during constriction (3) For redevelopment and expansion projects which disturb, construct, replace, or otherwise alter 10,000 square feet or more of impervious area OR disturb, add, replace, or otherwise alter an impervious area equivalent to 50% or more of the existing impervious surface area on site, the treatment area shall include all land area located within the project boundary. (4) For any development, redevelopment or expansion projects where a construction cost estimate, prepared by a licensed contractor or professional engineer, exceeds 50% of the tax assessment value of all existing structures on the subject property, the treatment area shall include all land area located within the project boundary. (c) All newly constructed impervious area shall be at a minimum of 30 feet landward of all perennial and intermittent surface waters. A perennial or intermittent surface water shall be deemed present if the feature is shown on Page 18 of 37 either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture (USDA) or the most recent version of the 124,000 scale (7.5 minute) quadrangle 0 topographic maps prepared by the United States Geologic Survey (USGS). 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) or similar site -specific determination made using Division -approved methodology, or when existing impervious surfaces existing on site prior to the effective date of this ordinance_. (d) The approval of the stormwater permit on projects which disturb, construct, replace, or otherwise alter greater than 10,000 sf of impervious area shall require an enforceable restriction on property usage that runs with the land, such as a recorded deed restriction or protective covenants, to ensure that future development or redevelopment maintains the site consistent with the approved project plans. (e) For areas within one-half mile of and draining to Class SA waters, and disturb, construct, replace, or otherwise alter 10,000 square feet or more of impervious area, permittees, delegated programs, and regulated entities must: (I) Use structural stormwater BMPs that result in the highest degree of fecal coliforrn disinfection and control sources of fecal coliform while still incorporating the stormwater controls required by the project's density level. (2) Implement a program to control the sources of fecal coliform, or comply • with all regulations included in Section 16-208 of this ordinance (3) All development activities shall prohibit new points of stormwater discharge to Class SA waters or an increase in the volume of stormwater flow through conveyances or increase in capacity of conveyances of existing stormwater conveyance systems that drain to Class SA waters. Any modification or redesign of a stormwater conveyance system within the contributing drainage basin must not increase the net volume or rate of stormwater discharge through existing outfalls to Class SA waters. The following shall not be considered a direct point of stormwater discharge: a. Infiltration of the stormwater runoff volume from the 1-yr, 24-hour storm b. Diffuse flow of stormwater at a non -erosive velocity to a vegetated buffer or other natural area, that is capable of providing cffective infiltration of the runoff from the 1-yr, 24-hour storm. Notwithstanding the other requirements of this section, the infiltration area does not require a minimum separation from the seasonal high-water table. c. The discharge from a wet detention pond that is treated by a secondary stormwater best management practice, provided that both Page 19 of 37 the wet detention pond and the secondary stormwater best management practice meet the requirements of this section. Notwithstanding the other requirements of this section, the secondary best management practice does not require a minimum separation from the seasonal high-water table. (f) For structural stormwater BWs that are required under this section and that require separation from the seasonal high-water table, a minimum separation of two feet is required. Where a separation of two feet from the seasonal high-water table is not practicable, the Director of Stormwater Management or Division of Water Quality may grant relief from the separation requirement pursuant to the Alternative Design Criteria set out in 15A NCAC 02H .1008(h). (g) In designing on -site stormwater BWs, those BMPs to be utilized shall be considered in the following order of preference: (1) Flow attenuation by use of open vegetated swales and natural depressions; (2) Infiltration; (3) Retention structures; and (4) Detention structures. The order of preference shall be modified where necessary, to accommodate requirements of the State of North Carolina for controlling stormwater quality. (h) The Director of Stormwater Management reserves the right to consider, evaluate, and approve alternative design strategies which are consistent with the objectives of the regulations of this section. Alterative designs will be evaluated on a case by case basis, but at a minimum shall also include a detailed design narrative explaining how the project's stormwater management plan will adhere to the intent of the water quality protection measures described in this section. (Ord. No. 02-52I, 9-26-02) Sec. 16-199. Other Considerations in Design Preparation. (a) The developer shall give consideration to incorporating use of natural topography and land cover such as wetlands, ponds, natural swales, and depressions as they exist prior to development to the degree that they can accommodate the additional flow of water. (b) Where on -site storm drainage systems convey off -site stormwater through the site, computations reflecting the drainage area of land tributary to the site, and estimated runoff of the area served by such systems, shall be provided. In addition, a complete ten year frequency storm event storm drainage study shall be submitted for the site. All on -site storm drainage systems conveying off -site S stormwater through the site shall be public systems or private systems which shall be designed, constructed and maintained to at least the standards of a public Page 20 of 37 storm drainage system as contained in the Design Manual. All design calculations shall be computed based on full buildout of the upstream drainage 40 basin, and shall include all property, onsite and offsite, draining to the analysis point. The design. and construction shall be certified by an authorized registered professional as meeting or exceeding the requirements of this chapter and the Design Manual- (c) Development, redevelopment or expansion projects which add, replace, or otherwise alter less than 10,000 sf of impervious area may use a combination of on -site and/or off -site structural stormwater management systems such that the total cumulative volume of stormwater controlled, on -site and/or off -site, meets or exceeds the design standards described in Sec. 16-198 (a) (l) according to the project's location. Projects which add, replace, or otherwise alter 10,000 sf of impervious area or greater shall control the entire treatment volume on -site according to the project's location. (Ord. No. 02-521, 9-26-02) Sec. 16-200. Stormwater Management Requirements During and After Construction. (a) The town may require the relocation, reconstruction or encasement by the developer or project applicant of water or sewer facilities located or planned within the limits of proposed stormwater management facilities. (b) Precautions shall be taken to avoid degradation of infiltration areas during construction. Erosion control plans shall provide detailed construction sequences to ensure adequate protection of all proposed infiltration areas from siltation, construction traffic and general disturbance until the contributing drainage area is stabilized. (c) Record (as built) drawings (reproducible Mylar) for all structural stormwater BWs must be certified by an authorized registered professional and provided to the town for permanent record. (Ord. No. 02-521, 9-26-02) Sec. 16-201. Stormwater Best Management Practice Fee in Lieu. (a) For development, redevelopment or expansion projects which add, replace, or otherwise alter less than 10,000 sf of impervious area within residential or non- residential areas, the developer shall have the option of constructing structural stormwater BWs per the standards listed in section 16-198, or pay to the town a fee in lieu of construction of on -site structural stormwater BMPs in accordance with the current fee schedule. Sec. 16-202. Exemptions from Impervious Area Setback Requirements. (a) The following activities are exempt from the vegetative buffer requirements of this section: L Page 21 of 37 (1) Development in urban waterfronts that meets the requirements of 15A NCAC 07H .0209(g), (2) Development in a new urban waterfront area that meets the requirements of Session Law 2004-117, (3) Those activities listed in 15A NCAC 07H .0209(d)(10)(A) through 15A NCAC 07H .0209(d)(10)(H), (4) Development of upland marinas that have ieceived or arc required to secure a Coastal Area Management Act Major Permit. (5) Redevelopment activities on sites meeting the definition of Developed Land prior to the effective date of this ordinance and do not replace any pervious land with impervious area or permeable pavement. [DIVISION 5.1 OFF -SITE STORMWATER MANAGEMENT Sec. 16-203. Wilmington Beach Subdivision (a) Projects located within the Wilmington Beach subdivision, as shown on the current Phase H stormwater map, which are subject to the requirements of this ordinance shall be required to pay a fee to the Town in lieu of constructing any structural stormwater best management practices in accordance with the current fee schedule_ Sec. 16-204. Off -site Stormwater Management Requirement. (a) Where property is undergoing redevelopment or where a public stormwater management facility or other improvements to the town's drainage system have been constructed or identified for construction in the town's capital improvements program or are reflected on the town's master drainage improvement'plan, which have or will have sufficient capacity to accommodate stormwater run-off generated by the development, the town may require the applicant to pay to the town a fee in lieu of construction of on -site stormwater management facilities in accordance with the current fee schedule. (Ord. No. 02-521, 9-26-02) Sec. 16-205. Combination of Measures Permitted. (a) Nothing in these regulations shall be construed to mean that stormwater management requirements cannot be satisfied by a combination of on -site and off -site facilities, payment of fees, grant of easement, dedication of land and/or stormwater management facility if so required by the town. (b) Development, redevelopment or expansion projects which add, replace, or otherwise alter less than 10,000 s£ of impervious area may use a combination of on -site and/or off -site structural stormwater management systems (existing or Page 22 of 37 proposed) such that the total cumulative volume of stormwater controlled, on -site and/or off -site, meets or exceeds the treatment volume requirements described in Sec. 16-198 (a) (1) according to the project's location, Projects which add, replace, or otherwise alter 10,000 sf of impervious area or greater shall control the entire treatment volume on -site according to the project's location. (Ord. No. 02-521, 9-26-02) Sec. 16-206. Additional Requirements for Fee Alternative. Fees approved and accepted by the town for off -site stormwater management may be used by the town for land acquisition (including easements and rights -of -way) and the study, engineering, design, purchase, construction, expansion, repair, maintenance, landscaping and inspection of public stormwater management facilities, Fees collected from the development shall be applied to improvements to the Town's stormwater drainage system or affiliated projects at the discretion of the Director of Stormwater Management. (Ord. No. 02-521, 9-26-02) SEC.16-207. Variances. (a) Any person may petition the Town Council of the Town of Carolina Beach for a variance granting permission to use the person's land in a manner otherwise prohibited by this ordinance. To qualify for a variance, the petitioner must show all of the following: • (1) Unnecessary hardship(s) would result from strict application of this ordinance, (2) The hardship(s) result from conditions that are peculiar to the property, such as the location, size, or topography of the property. (3) The hardship(s) did not result from actions taken by the petitioner. (4) The requested variance is consistent with the spirit, purpose, and intent of this ordinance and applicable state standards; will secure public safety and welfare; and will preserve substantial justice. (5) The Town of Carolina Beach may impose reasonable and appropriate conditions and safeguards upon any variance it grants. (b) Notwithstanding subdivision (a) of this section, exceptions from the 30-foot landward location of impervious area requirement as well as the deed restrictions and protective covenants requirements shall be granted in any of the following instances: (1) When there is a Iack of practical alternatives for a road crossing, railroad crossing, bridge, airport facility, or utility crossing as long as it is located, designed, constructed, and maintained to minimize disturbance, S provide maximum nutrient removal, protect against erosion and Page 23 of 37 sedimentation, have the least adverse effects on aquatic life and habitat, ® and protect water quality to the maximum extent practicable through the ( use of BAlPs. (2) When there is a lack of practical alternatives for a stormwater management facility; a stormwater management pond; or a utility, including, but not limited to, water, sewer, or gas construction and maintenance corridor, as long as it is located 15 feet landward of all perennial and intermittent surface waters and as long as it is located, designed, constructed, and maintained to minimize disturbance, provide maximum nutrient removal, protect against erosion and sedimentation, have the least adverse effects on aquatic life and habitat, and protect water quality to the maximum extent practicable through the use of BMPs. (3) A lack of practical alternatives may be shown by demonstrating that, considering the potential for a reduction in size, configuration, or density of the proposed activity and all alternative designs, the basic project purpose cannot be practically accomplished in a manner which would avoid or result in less adverse impact to surface waters. Sec 16-208. Pet Waste Restrictions on Pet Waste • (a) It shall be unlawful for the owner or custodian of any dog to take it off the owner's own property limits without the means to properly remove and dispose of the dog's feces from any public or private property. (b) It is the responsibility of a dog's'owner or custodian to clean up the dog's feces from any public or private property outside of the dog's owner's own property limits. Such property includes, but is not limited to, parks, rights -of -way, paths, and public access areas. (c) "Means to properly remove and dispose of feces" shall consist of having on or new one's person a device such as a plastic bag, or other suitable plastic or paper container, that can be used to clean up and contain dog waste until it can be disposed of in an appropriate container. Such a device must be produced and shown, upon request, to anyone authorized to enforce these ordinances. (d) This provision shall not apply to handicapped persons assisted by trained guide or assistance dogs. (e) "Public nuisance" is defined to include "a dog which deposits feces on public property or on private property without the consent of the owner or person in lawful possession of the private property, and the person owning, possessing, harboring or having the care, charge, control or custody of the dog fails to remove the feces so deposited. Provided, Page 24 of 37 however, this definition shall not apply to any dog assisting a handicapped person. 0 [DIVISION 6.1 MAINTENANCE, INSPECTIONS AND ENFORCEMENT. Sec.16-209. Maintenance. (a) Applicability This section shall apply to all structural sormwater BMPs installed, as required by this ordinance. (b) Function of BMPs As Intended The owner of each structural BMP installed pursuant to this ordinance shall maintain and operate it so as to preserve and continue its function in controlling sormwater quality and quantity at the degree or amount of fimction for which the structural BMP was designed. (c) Annual Maintenance Inspection and Report The person responsible for maintenance of any structural BMP installed pursuant to this ordinance on projects which disturb, construct, replace, or otherwise alter greater than 10,000 sf of impervious area, shall submit to the Director of Stormwater Management an inspection report from one of the following persons performing services only in their area of competence: a qualified registered North • Carolina professional engineer, surveyor, landscape architect; soil scieff ist, aquatic biologist, or person certified by the North Carolina Cooperative Extension Service for Stormwater treatment practice inspection and maintenance. The inspection report shall contain all of the following: (1) The name and address of the land owner; (2) The recorded book and page number of the lot of each structural BMP; (3) A statement that an inspection was mane of all structural B&IN (4) The date the inspection was made; (5) A statement that all inspected structural BMPs are performing properly and are in compliance with the terms and conditions of the approved maintenance agreement required by this ordinance; (6) The original signature and seal of the engineer, surveyor, or landscape architect; and (7) All inspection reports shall be on forms supplied by the Director of Stormwater Management. An original inspection report shall be provided to the Director of Stormwater Management beginning one year from the • Page 25 of 37 date of as -built certification and each year thereafter on or before the date eof the as -built certification. Sec. 16-210. Operation and Maintenance Agreement. (a) in General (1) Prior to the conveyance or transfer of any lot or building site to be served by a structural BMP pursuant to this ordinance, and prior to issuance of any permit for development or redevelopment requiring a structural BMP pursuant to this ordinance, on projects which disturb, construct, replace, or otherwise alter greater than 10,000 sf of impervious area, the applicant or owner of the site must execute an operation and maintenance agreement that shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the structural BMP. Until the transference of all property, sites, or lots served by the structural BMP, the original owner or applicant shall have primary responsibility for carrying out the provisions of the maintenance agreement- (2) The operation and maintenance agreement shall require the owner or owners to maintain, repair and, if necessary, reconstruct the structural BMP, and shall state the terms, conditions, and schedule of maintenance for the structural BMP. In addition, it shall grant to the Town of Carolina Beach a right of entry in the . event that the Director of Stormwater • Management has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the structural BMP; however, in ( no case shall the right of entry, of itself, confer an obligation on the Town of Carolina Beach to assume responsibility for the structural BMP_ (3) The operation and maintenance agreement must be approved by the Director of Stormwater Management prior to plan approval, and it shall be referenced on the final plat and shall be recorded with the county Register of Deeds upon final plat approval. A copy of the recorded maintenance agreement shall be given to the Director of Stormwater Management within fourteen (14) days following its recordation. (4) Whenever a private stormwater BMP-is designed to receive stormwater run-off from public streets or other public property, as a condition of the approval of the stormwater management plan, the owners of the BMP and their successors and assigns shall release, indemnify and hold the Town of Carolina Beach, its officials and employees, harmless from any responsibility or liability for any and all damage or injury of any kind or nature whatsoever (including death resulting therefrom) to all persons, whether employees of the town or otherwise, and to all property, caused by, resulting from, arising out of, or occurring in connection with the drainage, flow or run-off of surface water from public property over and into the stormwater BAIN and from the stormwater facilities on to adjacent properties. As a further condition of the approval, the owner and its successors and assigns shall be deemed to have agreed that the Town ® of Carolina Beach shall have no responsibility or liability for the Page 26 of 37 maintenance of the stormwater BMPs and the owner and its successors • and assigns shall maintain the BWs so that they do not become a public or private nuisance or cause damage to adjacent property. These agreements shall be appurtenant to and run with the land benefited by the stormwater BMPs and shall be binding on the owner and its successors and assigns and occupants thereof. (b) Special Requirement for Homeowners' and Other Associations For all structural BMPs required pursuant to this ordinance on projects which add, replace, or otherwise alter 10,000 sf of impervious area or greater, and that are to be or are owned and maintained by a homeowners' association, property owners' association, or similar entity, the required operation and maintenance agreement shall include all of the following provisions: (1) Acknowledgment that the association shall continuously operate and maintain the stormwater BMPs. (2) Granting to the Town of Carolina Beach a right of entry to inspect, monitor, maintain, repair, and reconstruct structural BMPs. (3) Allowing the Town of Carolina Beach to recover from the association and its members any and all costs the Town of Carolina Beach expends to maintain or repair the structural BMPs or to correct any operational deficiencies_ Failure to pay the Town of Carolina Beach all of its expended costs, after forty-five days written notice, shall constitute a breach of the agreement. In case of a deficiency, the Town of Carolina Beach shall thereafter be entitled to bring an action against the association and its members to pay, or foreclose upon the lien hereby authorized by the agreement against the property, or both.. Interest, collection costs, and attorney fees shall be added to the recovery. (4) A statement that this agreement shall not obligate the Town of Carolina Beach to maintain or repair any structural 'BMPs, and the Town of Carolina Beach shall not be liable to any person for the condition or operation of structural BMPs. (5) A statement that this agreement shall not in any way diminish, limit, or restrict the right of the Town of Carolina Beach to enforce any of its ordinances as authorized by law. (6) A provision indemnifying and holding harmless the Town of Carolina Beach for any costs and injuries arising from or related to the structural BMP. (c) Deed Recordation and Indications On Plat The applicable operations and maintenance agreement pertaining to every structural BMP installed on projects which disturb, construct, replace, or otherwise alter greater than 10,000 sf of impervious area, shall be referenced on the final plat and shall be recorded with the county Register of Deeds upon final . Page 27 of 37 plat approval. If no subdivision plat is recorded for the site, then the operations • and maintenance agreement shall be recorded with the county Register of Deeds r so as to appear in the chain of title of all subsequent purchasers under generally accepted searching principles. (d) Signage Where appropriate in the determination of the Director of Stormwater Management to assure compliance with this ordinance, structural BWs shall be posted with a conspicuous sign stating who is responsible for required maintenance and annual inspection. The sign shall be maintained so as to remain visible and legible. Sec. 16-211. Inspections. (a) An approved stormwater management plan shall be available on -site at all times during construction. (b) Periodic inspection during construction of stormwater BMPs shall be conducted by the town. If the work performed upon the site fails to comply with any ordinance, regulation, or standard of condition of any permit the owner and permittee shall be informed of the violation and the nature of the corrections required. (c) The town may require the applicant to provide engineering inspection and testing ® during construction. Upon completion of construction, certification by an authorized registered professional that all work completed and construction { materials used meet or exceed requirements of approved plans and specifications shall be provided. (Ord. No. 02-521, 9-26-02) Sec. 16-212. Emergency Authority. If the Director of Stormwater Management determines that the condition of any stormwater BW presents an immediate danger to the public health or safety because of an unsafe condition or improper maintenance, the Director of Stormwater Management shall take such actions as may be necessary to protect the public and make the BW safe. Any costs incurred by the Town of Carolina Beach as a result of the Director of Stormwater Management's action shall be assessed against any or all of the owners of property served by said BMI' who shall be jointly and severally liable for all said costs and whose property shall jointly and severally be subject to a lien for said costs which may be collected as provided in G.S. 160A-193. (Ord. No. 02-521, 9-26-02) Secs. 16-21.3,16-214 ,16-215. Reserved. [DIVISION 7.1 STORMWATER SERVICES FEES. 0 Sec.16-216. Reserved. Page 28 of 37 Sec.16-217. Authority. 0 Pursuant to G_S. Article 16 of Chapter 160A, the Town of Carolina Beach is authorized to create a stormwater utility and establish a schedule of stormwater fees for property in the corporate limits. (Ord. No. 02-521, 9-26-02) Sec. 16-218. Stormwater Utility. A stormwater utility is hereby established to provide stormwater management services, as authorized by state law. Stormwater service charges will be determined and modified from time to time so that the total revenues generated by said charges will be used to pay the principal of and interest on the debt incurred for stormwater purposes and such expenses as are reasonably necessary or convenient in the planning, construction, operation and maintenance of the stormwater system. (Ord. No. 02-521, 9-26-02) Sec. 16-219. Service Charges, Rates and Fee Schedule. (a) Stormwater service charges shall accrue beginning on October 1, 2002. Stormwater service charges shall apply to all property within the town limits without regard to ownership, except as set forth in section 16-221. Such charges shall be based on the amount of impervious surface on each parcel as determined . by the equivalent residential unit standard. (b) The town council shall set a base rate for single-family residential uses and charges for non -single family residential uses shall be calculated utilizing the equivalent residential unit. (c) The schedule of rates shall be set forth in the Town of Carolina Beach Fee Schedule. (Ord. No. 02-521, 9-26-02) Sec. 16-220. Exemptions and Credits. Except as provided in this section, no public or private property shall be exempt from stormwater service"charges or receive a credit against such charges. (a) Only undeveloped land shall be exempt from stormwater service fees. (Ord. No. 02-521, 9-26-02) Sec. 16-221. Billing Method, Responsible Parties. (a) Bills for stormwater service fees shall be sent at regular, periodic intervals. Stormwater service fees may be billed on a combined utility bill that also contains charges for water, sewer and/or refuse service. Stormwater service fees Page 29 of 37 that are shown on a combined utility bill may be for a different service period • than that used for water, sewer and/or refuse service. (b) Stormwater service bills for a property that receives water, sewer and/or refuse service may be sent to the customer receiving such service. However, where multiple water and sewer accounts exist for a single parcel, the stormwater service bill will be sent to the property owner unless the property qualifies for per account billing as set forth in subsection (c). (c) Where multiple water and sewer accounts exist for a single parcel, the property owner may apply for per account billing by completing a form provided by the town. The application shall include the proposed division of the stormwater service fee between the water and sewer accounts on the property. The applicant shall provide notice of the application to each affected utility customer. The Town shall approve the per account billing for the parcel unless the billing plan (1) Will result in a charge of less than one ERU for one or more accounts and/or (2) Does not equitably allocate the fees between accounts. (d) Townhouse and condominium developments and other similar properties containing impervious surface in common ownership shall be charged for the total impervious surface of all commonly -owned and individually -owned property within the development. The stormwater service bill shall be sent to the ® homeowners' association or, upon official request of the association reflecting a vote in accordance with the association's bylaws, may be billed on a per account basis in compliance with subsection (c). (e) The property owner is ultimately responsible for payment of the stormwater service fee for property for which the party billed has not paid the service charge. The approval of per account billing pursuant to subsection (c) does not relieve the owner from liability for stormwater service fees if they are not paid by the party billed. (f) Stormwater fees shall be due and payable simultaneously with any other fees included on the bill. In the event that any user fails to pay the amount due for water, sewer and/or refuse, in accordance with chapters 10 and 12 of this Code, and for stormwater service, in accordance with this chapter, then the town shall have the right to discontinue water, sewer and/or refuse. (g) Payments received by the town will be applied to a customer's bill in the following order: delinquent fees for stormwater, refuse, water, and sewer; and current fees for stormwater, refuse, water, and sewer. (Ord. No. 02-521, 9-26-02) Sec. 16-222. Back Billing. • Page 30 of 37 Failure to receive a bill is not justification for nonpayment. The owner of each parcel of developed land shall be ultimately obligated -to pay such fee. If customer is under -billed or if no bill is sent for developed land, the town may back bill up to two years. 0 (Ord. No. 02-521, 9-26-02) See. 16-223. Complaints Regarding a Bill. (a) A customer having a grievance or complaint that a bill is excessive must file written or verbal notice with the Town of Carolina Beach's Billing and Collections Office. if it is determined that the bill is in error, an adjustment will be made accordingly. (b) No adjustment will be made for more than a two-year period. (Ord. No. 02-521, 9-26-02) See.16-224. Appeal_ Any customer who believes the provisions of this article have been applied in error may appeal in the following manner: (a) An appeal must be filed in writing with the Director of Stormwaier Management or his designee. At the discretion of the Director of Stormwater Management, the appeal shall include information that shows the total property area, the impervious surface area, and any other • features or conditions which influence the hydrologic response of the property to rainfall events. (b) A technical review shall be performed to determine the accuracy of the information in the town's impervious surface database. The manager may adjust the fee or credit as long as the adjustment is in conformance with the intent of this article. At the conclusion of the review the manager shall issue a written determination stating whether an adjustment to the service rate is appropriate, and if so the amount of such adjustment. (c) All decisions of the manager shall be served on the customer personally or by registered or certified mail. Service shall be based upon the billing address of the customer. (d) The manager may make no adjustment to a customer's bill for more than the two-year period immediately preceding the date that the customer's appeal is received by the manager. (Ord. No. 02-521, 9-26-02) Sec. 16-225. Limitations of Responsibility. (a) The town shall be responsible only for the portions of the drainage system which are in town maintained street rights -of -way and permanent storm drainage easements conveyed to and accepted by the town. Repairs and improvements to Page 31 of 37 the drainage system shall be in accordance with established standards, policies, and schedules. (b) The town's acquisition of storm drainage easements and/or the construction or repair by the town of drainage facilities does not constitute a warranty against stormwater hazards, including, but not limited to, erosion, or standing water. (Ord. No. 02-521, 9-26-02) Sec.16-226. Reserved. [DIVISION 8.1 LANDSCAPING AND VEGETATION. Sec.16-227. Reserved. See.16-228. Purpose. This section is established for the purpose of regulating, controlling, preserving and setting forth methods of continued maintenance assurance of all regulated vegetation located within the municipal limits of the Town of Carolina Beach and, furthermore, establishes authority to regulate and control the degree of impervious surfaces constructed on properties and the placement and configuration of fill soil and material on properties located within such municipality- 0 (Ord. No. 02-521, 9-26-02) Sec.16-229. Functions. (a) Landscaping and the regulation of placement and arrangement of impervious and fill material accomplishes the following functions: (1) Maintains the visual character of the community (2) Screens objectionable views within and between uses. (3) Defines functional exterior spaces. (4) Reduces glare into and from the site. (5) Reduces dust and other pollutants suspended in the air. (6) Controls noise and provides acoustical modification into and from the site. (7) Influences wind patterns and their effects upon uses. (8) Contains odors and minimizes their passage into and from a site: (9) Controls the direction and velocity of surface water run-off. (I0) Minimizes soil erosion. (11) Moderates interior and exterior temperature by controlling solar radiation on structures and impervious surfaces. (12) Controls the quantity of impervious surface within a site interior, thus enhancing ground absorption capabilities and controls the placement of fill soil and materials and reduces the use of public monies for control of increased surface runoff. (13) Maintains the aesthetic quality of property and enhances its value. Page 32 of 37 (14) Offers protection of adjacent properties from increased water runoff and . erosion sedimentation and (15) Offers protection to adjacent natural resources. (Ord. No. 02-521, 9-26-02) Sec. 16-230. Debris, Vegetation, and Waste. Debris from vegetation may be placed in the right -of --away for pick-up, though sand, dirt or grass clippings may not be blown into the strects, which may impede or eventually restrict and or hamper the flow of storm water runoff. Grass clippings that are blown into the street are a violation of this ordinance. Homeowners and landscaping contractors that are in violation of placing and or blowing vegetation debris into town streets inaybe fined in accordance to section 16-213. It is the responsibility of that homeowner, or contractor to remove the vegetation waste properly. (Ord. No. 02-521, 9-26-02) Sec.16-231. Permit. A permit is required from the Director of Stormwater Management for removal of vegetation, pouring or • placement of impervious materials, fill soil or permanent placement of other materials. The removal of vegetation, the pouring or placement of impervious materials, fill soil or other materials in or upon lands located within the jurisdictional limits of the town shall be prohibited unless and until a valid permit has been issued by the Director of Stormwater Management. The fees for such permit shall be that designated for such activity in the current fee schedule as published by the Town. No permits shall be issued by the building inspector unless and until the Director of Stormwater Management determines that the proposed activity complies with all applicable town, state and federal regulations relative to surface and subsurface drainage and run-off and removal of vegetation, the pouring or placement of impervious materials, fill soil, or materials and issues preliminary or final approval certification as applicable. The certification of approval shall ensure that the vegetation removal, the pouring or placement of materials, soil, or other materials shall not increase drainage run-off into public streets, cause erosion or sedimentation of adjacent properties, drainage ways, wetlands, or water and which do not violate town, state, and federal regulations. (Ord. No. 02-521, 9-26-02) [DIVISION 91: ILLICIT DISCHARGES. See. 16-232 Illicit Discharges and Connections. (a) Illicit Discharges No person shall cause or allow the discharge, emission, disposal, pouring, or pumping directly or indirectly to any stormwater conveyance, the waters of the State, or upon the land in manner and amount that the substance is likely to reach a stormwater conveyance or the waters of the State, any liquid, solid, gas, or other substance, other than Page 33 of 37 stormwater; provided that non-stormwater discharges associated with the following isactivitiesare allowed and provided that they do not significantly impact water quality: (1) Water line flushing; (2) Landscape irrigation; (3) Diverted stream flows; (4) Rising ground waters; (5) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20)); (6) Uncontaminated pumped ground water; (7) Discharges from potable water sources; (8) Foundation drains; (9) Air conditioning condensation; (10) Irrigation water; (11) Spas', • , (12) Water from crawl space pumps; (13) Footing drains; (14) Lawn watering; (15) Individual residential car washing; (16) Flows from riparian habitats and wetlands; (17) Dechlorinated swimming pool discharges; (18) Yard waste piled for removal, and debris placed for roadside pickup, provided it was placed at least 5 feet from any defined stormwater conveyance (ditch, curb, pipe, etc) and all prohibited substances listed in item 21 are contained in a manner to prevent them from being transported by stormwater flows. (19) Street wash water; and (20) Pumping down of Carolina Beach Lake as permitted by State agencies (21) Other non-stormwater discharges for which a valid NPDES i discharge permit has been approved and issued by the State of ® North Carolina, and provided that any such discharges to the Page 34 of 37 municipal separate storm sewer system shall be authorized by the Town of Carolina Beach. (22) Prohibited substances include but are not limited to. oil, anti- freeze, chemicals, animal waste, paints, garbage, and litter. (b) Illicit Connections (1) Connections to a stormwater conveyance or stormwater conveyance system that allow the discharge of non-stormwater, other than the exclusions described in subsection (a) above, are unlawful_ Prohibited connections include, but are not limited to: floor drains, waste water from washing machines or sanitary sewers, wash water from commercial vehicle washing or steam cleaning, and waste water from septic systems. (2) Where such connections exist in violation of this section and said connections were made prior to the adoption of this provision or any other ordinance prohibiting such connections, the property owner or the person using said connection shall remove the connection within one year following the effective date of this ordinance. However, the one- year grace period shall not apply to connections which may result in the discharge of hazardous materials or other discharges which pose an immediate threat to health and safety, or are likely to result in immediate injury and harm to real or personal property, natural resources, wildlife, or habitat. (3) Where it is determined that said connection: ' • May result in the discharge of hazardous materials or may pose an immediate threat to health and safety, or is likely to result in immediate injury and harm to real or personal property, natural resources, wildlife, or habitat, or b. Was made in violation of any applicable regulation or ordinance, other than this section, the Director of Stormwater Management shall designate the time within which the connection shall be removed_ In setting the time limit for compliance, the Director of Stormwater Management shall take into consideration: The quantity and complexity of the work, 2. The consequences of delay, The potential harm to the environment, to the public health, and to public and private property, and 4. The cost of remedying the damage. 0 Page 35 of 37 (c) 'Spills Spills or leaks of polluting substances released, discharged to, or having the potential to released or discharged to the stormwater conveyance system, shall be contained, controlled, collected, and properly disposed. All affected areas shall be restored to their preexisting condition. Persons in control of the polluting substances immediately prior to their release or discharge, and persons owning the property on which the substances were released or discharged, shall immediately notify the Fire Chief of the release or discharge, as well as making any required notifications under state and federal law. Notification shall not relieve any person of any expenses related to the restoration, loss, damage, or any other liability which may be incurred as a result of said spill or leak, nor shall such notification relieve any person from other liability which may be imposed by State or other law. (d) Nuisance Illicit discharges and illicit connections which exist within the Town of Carolina Beach are hereby found, deemed, and declared to be dangerous or prejudiced to the public health or public safety and are found; deemed, and declared to be public nuisances. Such public nuisances shall be abated in accordance with the procedures set forth in Division 10 of this ordinance. Sec. i6-233, 1.6-234 Reserved ® [DIVISION 10] VIOLATIONS. Sec. 16-235. Violations, Penalties and Enforcement. 0 (a) Any of the following violations shall subject the offender to a civil penalty equal to one hundred dollars ($100.00) for the initial violation and a civil penalty of two hundred dollars ($200.00) for each subsequent violation; or the foil amount of penalty to which the Town of Carolina Beach is subject for violations of the Phase 11 Stormwater Permit directly caused by the offender. The offender may also be imprisoned for not more than thirty (30) days, or both, at the discretion of the court. Each day that a violation continues after the offender has been notified of the violation shall constitute a separate and distinct offense. (1) The violation of any provision of this chapter or of any rule or regulation, by whatever name, issued or adopted pursuant to the provisions of this chapter. (2) The failure to comply with the express or implied condition or term of any permit issued or agreement executed pursuant to the provisions of this chapter. (3) The failure to comply with any order, notice, or directive of the Director of Stormwater Management to stop work or to take corrective action. Page 36 of 37 (4) The failure of the owner of, or any person responsible for the maintenance of, any property served by an existing privafe on -site ( stormwater BMP to maintain said BW in proper working order. (5) if the offender fails to pay this penalty within ten (10) days after being cited for a violation, the penalty may be recovered in a civil action in the nature of debt. (b) The town may seek to enforce this chapter or to prevent, restrain, correct or abate violations of this chapter through any appropriate equitable action. (c) The town may seek to enforce this chapter by using any one or any combination of the foregoing remedies. (d) No building permit shall be issued for any building without approval of the storm drainage BMPs for the property and buildings by the Director of Stormwater Management- (e) In case of any violation of this ordinance, the director or other appropriate official shall take action to put an end to such violation(s). (Ord. No. 02-521, 9-26-02) 0 • Page 37 of 37 • Stormwater Management Plan Carolina Beach, NC 0 • 0 Stormwater Management Plan Table of Contents 1. Stormwater System Information.......................................................................I 1.1 Population Served.................................•......................................1 1.2 Growth Rate...............................................................................1 1.3 Jurisdictional Area........................................................................1 1.4 MS4 Conveyance System...............................................................1 1.5 Land Used Composition Estimates.....................................................2 1.6 Methodology for Composition Calculations..........................................2 1.7 TMDL Identification.....................................................................2 2. Receiving Streams..............................................................................3 2.1 Major River Basin............................................................I...........3 2.2 Primary Receiving Streams .................... ...........................................3 2.3 Significant Water Quality Issues........................................................3 2.4 Discharges to Sea.........................................................................3 3. Existing Water Quality Programs............................................................4 3.1 Local Water Quality Programs..........................................................4 3.2 State Programs.............................................................................4 4. Permitting Information........................................................................5 4.1 BMPs.......................................................................................5 4.2 Organizational Chart .....................................................................5 4.3 4.4 Signing Official ............................................................................5 Delegation of Authority.. ..5 5. Co Permitting....................................................................................6 6. Reliance on Other Government Entities.....................................................7 6.1 Other Entity.............................•..................................................7 6.2 Elements Implemented...................................................................7 6.3 Contact Person.............................................................................7 6.4 Legal Agreements.........................................................................7 7. Stormwater Management Plan................................................................8 7.1 Public Education and Outreach...........................................................8 7.2 Public Involvement and Participation...................................................9 7.3 Illicit Discharges...........................................................................10 7.4 Construction Site Stormwater Runoff Control.......................................13 7.5 Post Construction Stormwater Management..........................................14 7.6 Pollution Prevention and Good Housekeeping.......................................16 Appendix A.................................................................Organizational Chart Appendix B.................................................................BMP Summary Tables Appendix C.....................................................................Signature Authority Appendix D.................................................Stormwater Management Ordinance iAppendix E........................................................................... NPDES Permit U I . Stormwater System Information 1.1 Population Served - Permanent : 5,225 - Basis of Population statistic : Report from State Demographer Office, August 8, 2002 -Seasonal : 43,503 - Method used to create seasonal estimates : 1,790 Vacant Units (rentals) X by Census for household values X seasonal rental 9.36 !.2 Growth Rate - 9.36 % 1.3 Jurisdictional Area - 2.5 square miles 1.3.a Latitude of Center of MS4 Service Area : 34 degrees. 02' 31" Longitude of Center of MS4 Service Area: 77 degrees. 53' 36" is 1.3.b Storm Sewer Service Area (Square miles) : 2.5 1.4 MS4 Conveyance System 1.4.a System Composition Carolina Beach's drainage system consists of a variety of different types of conveyances ranging from catch basins and piping to open ditches. These eventually drain to the Cape Fear River at Snow's Cut. 1.4.b Maintenance Activities Piping — Inspected, minor cleaning and repair on an as needed basis Open Ditches — Mowed and cleaned annually 1.4.c Maintenance FTE Pull Time Positions : 6 Full Time Maintenance 1 Full Time Street Sweeper 1 Stormwater Superintendent • 1.4.c Inspection Frequency How often is the system inspected for maintenance problems? Annually and on continuous basis 1.4.d Structure Cleaning Do you clean catch basins , pipes and other man-made structures? Yes 1.4.e Cleaning Frequency What is the frequency of cleaning and the method used? Annually — Vactor Truck 1.4.f Annual Budget What is the annual budget for maintenance activities? $ 95,000 1.5 Land Use Composition Estimates Estimated percentage of jurisdictional area containing the following four land use activities : Residential : 70 % Commercial : 20 % Industrial : 0 % Open Space: 10 % 1.6 Methodology used to calculate land use percentages Measure impervious soil of each parcel: divide total square footage of impervious By 2000 (1 ERU = 2000 SF) !.7 TMDL Identification Do you discharge to a TMDL controlled water body? No L-1 • 2. RECEIVING STREAMS 2.1 Major River Basin Cape Fear 2.2 Primary Receiving Streams Receiving Stream Name; Stream Segment: Water Quality Classification: Use Support Rating: Water Quality Issues 2.3 Significant Water Quality Issues Cape Fear Hennikers Ditch SA; HQW N/A Not at this time Are there significant water quality issues? No 2.4 Discharge to Seas Do you discharge to territorial seas, oceans or within the contiguous zone ? Yes 3 O 3. EXISTING WATER QUALITY PROGRAMS 3.1 Local Water Quality Programs The Coastal Area Management Act (CAMA) , 1974, requires the establishment of a cooperative program of coastal land management between local government and the State of North Carolina for preparing, adopting and enforcing local land use plans. CAMA requires that local governments withing the twenty coastal counties prepare land use plans that provide for the protection, preservation, orderly development and management of the coastal area of North Carolina. 3.2 State Programs The following State programs are implemented in the Carolina Beach jurisdictional area : State Stormwater Management Program Erosion and Sediment Control Program CAMA 0 4 • • • 4. PERMITTING INFORMATION 4.1.a Measurable Goals See Appendix B 4.1.b Responsible Party Contact List Director of Public Operations, Paul Parker, 910-458-8291 Stormwater Superintendent, Brian Stanberry, 910-443-1837 4.2 Organizational Chart See Appendix A 4.3 Signing Official Name: Title : Street Address City State Zip . Telephone Paul Parker Director of Public Operations 1121 North Lake Park Blvd. Carolina Beach NC 28428 910-458-8291 4.4 Delegation of Authority NIA Is documentation of board action delegating permit authority to this person/position provided in report? NIA 5 • 6. RELIANCE ON OTHER GOVERNMENT ENTITY 6.1 Other Entity Do you intend that another entity perform one or more of your permit obligations? Yes If yes, identify each entity and the element they will be implementing Name of Entity : NCDENR Division of Land Resources NCDENR Division of Water Quality 6.2 Element they will implement: NCDENR Div. Land Resources : State Erosion and Sediment Control Program NCDENR Div. Water Quality: NPDES Stormwater Permit NCG01 for construction activities 6.3 Contact Person NCDENR Division of Land Resources Person: Mel Nevils Address : 1601 Mail Service Center, Raleigh, NC 27699-1601 Telephone : 919-733-4574 NCDENR Division of Water Quality Person : Bradley Bennett Address : 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone : 919-733-5083 6.4 Legal Agreements Are legal agreements in place to establish responsibilities? Yes. An Erosion and Sediment Control plan approval and an NPDES general stormwater permit for construction activities are required by State and Federal law prior to construction of any site of 1 acre or more. . 7. STORMWATER MANAGEMENT PLAN 7.1 Public Education and Outreach 7.1.1 BMP Table See Appendix B 7.1.2 Target Audiences Various realms of public sector, including school children businesses and citizens le 7.1.3 Target Pollutants 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. Fecal coliform from pet waste and malfunctioning septic systems since stormwater drains to SA waters. Nutrients from lawn and garden care activities and.toxics, etc. from illicit discharges since the Cape Fear is HQW. 7.1.4 Outreach Narrative Write a narrative description of the approach you are going to take in your outreach program. Target various public sectors, including school children, businesses and citizens, through educational campaigns to inform citizens on illicit discharges, reporting, improper waste disposal, sources of nutrient and fecal coliform loading and actions they can take to minimize the pollutants. Local police and fire personnel will be educated in illicit discharge detection, reporting and spill response. Fliers, bill inserts, newspaper ads and TV public service announcements will be utilized to inform the public. 7.1.5 Decision P1' Cess Describe the deij*g',Rrgq. N p9d jo create this program element. The stormwato. mapa$e[11�pX'IP.9e, now titled Operations Advisory Committee, that was appointed rfpItte the Town Countil "recognized the need for a stormwater education program to inform citizens about the impacts of polluted runoff on local waterways and to help citizens understand the need for the newly established program. 7.1.6 BMP Measurable Goals See Appendix B 7.2 Public Involvement and Participation 7.2.1 BMP Table See Appendix B 7.2.2 Target Audience Various sectors of the public including school children, businesses and citizens. Due to the demographics of the area there are no definable ethnic or economic divisions within the community. 7.2.3/4 Public Involvement in Stormwwater Management Program The public is involved with the Stormwater Management Program through numerous channels. The monthly Town Council meeting allows members of the public to make comments, suggestions or requests upon the Stormwater Division. The Stormwater Advisory Committee, which is now called the Operations Advisory Committee is composed of citizens that represent different facets of the community. This committee meets on a monthly basis and always free to question or make requests to the Stormwater Management Team. The citizens are also encouraged to contact the Town of Carolina Beach via telephone or internet with comments, questions or requests. Several volunteer groups have been formed and will be in the future. As well, several volunteer programs have been formed by the Town such as Beach Sweep, and Adopt -an -Access and EBO's. The Town is also cooperating with Carolina Beach Elementary to iad in 49 getting the younger generation involved with water quality. 7.2.5 Decision Process See Sec. 7.1.5 7.3 [licit Discharge Detection and Elimination 7.3.1 BMP Table See Appendix B 7.3.2 Stormwater Map Describe how you are going to complete a Stormwater system map of outfall locations. What sources of information will you use? What form will the map take(digital, paper map)? What method will you use to verify the accuracy of the locations? Will you do field verification and if so, will you use any specific technology? How will you update the map, once data collection begins? Who will keep the map current? Where will the map be located within the organization for the public to view or review if desired? The stormwater system outfalls will be mapped using GPS. An independent Engineering firm will be contracted to perform the field survey and mapping services. Once formed, the map will be updated by the Stormwater Division in conjunction with the full time GPS Analyst employed by the Town. The map will be both digital and paper in form, available at Town Hall for viewing by the public if desired. 7.3.3 Regulatory Mechanism Do you have an ordinance in place that prohibits non-stormwater from your • drainage system? Yes. This ordinance will be amended to address illegal dumping or illicit connections to the drainage system, define what is allowable in the storm drainage system, describe enforcement actions, and give right of entry on to private property to inspect and/or remove an illicit connection. 7.3.4 Enforcement Actions Describe the methododlogy you will use to take enforcement actions needed when you find an illicit discharge. Include the process you will follow if different from the method of adopting or amending your current ordinance. Illicit discharge enforcement is a four step process consisting of- -inform the violator -Give violator time to repair or remove -Assess civil penalties and fines -Town will correct the problem and bill the offender 7.3.5 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. e 10 . Illicit connections will be identified through annual stormwater system inspections. Water quality sampling will be performed at discharge points where dry weather flows are found if an obvious source cannot be determined through observation. Identified illicit discharges will be tracked and periodically evaluated through the NPDES annual reporting process. Spills will be reported to appropriate local authorities and local police and fire personnel will be trained in illicit discharge detection and spill response. How will you find illicit connections? Illicit connections will be identified through annual stormwater system inspections. This will either be done visually or through use of a pipeline camera. How will you address spills, within your own operation and within the community? Spills will be reported to appropriate local authorities and local police and fire personnel will be trained in illicit discharge detection and spill response. How will you eliminate an illicit connection or discharge? -Inform the violator -Give violator time to repair or remove -Assess civil penalties and fines -Town will correct the problem and bill the offender How will you evaluate your program and make changes over time? We will evaluate our program through the reduction of illicit discharges and dry wether • flows. In addition, the stormwater committee, now titled the Operations Advisory Committee, mets monthly, as well as the Town Council. Any adjustments may be made through these channels. 7.3.6 Non Stormwater Discharges The following discharges will be classified as follows: (illicit/allowable) 1. Water line flushing : Allowable 2. Landscape irrigation : Allowable 3. Diverted stream flows : Illicit 4. Rising groundwaters : Allowable 5. Uncontaminated groundwater infiltration (as defined at 40 CFR 535.2005(20)) : Allowable 6. Uncontaminated pumped groundwater: Allowable 7. Discharges from potable water sources: Allowable 8. Foundation drains: Allowable 9. Air conditioning condensation Illicit 10. Irrigation water: Allowable 11. Springs: Allowable 12. Water from crawl space pumps: Illicit 13. Footing drains: Allowable 11 . 14. Lawn watering: Allowable 15. Residential car washing: Allowable 16. Flows from riparian habitats and wetlands: Allowable 17. Dechlorinated swimming pool water: Illicit 18. Street wash water: Allowable 19. Flows from emergency fire fighting Allowable 7.3.7 Pollutant Contributing Non Stormwater Discharge Are there any incidental discharges that you will define as NON STORMWATER and ILLICIT for purposes within your community? If yes, describe them and how you will address them in your program. Yes. Sanitary Sewer. We will clean up the sewer overflow when it occurs. 7.3.819 Public Outreach How will you inform the public, businesses and employees of the hazards associated with illegal discharges and improper disposal of waste? Public service announcements will be broadcasted over TV and printed in local newspapers. Fliers will also be distributed in utility bills. These will also contribute to minimum measure programs. 7.3.10 Decision Process and Program Approach is The Stormwater Committee decided to follow the minimum requirements as set forth by Federal NPDES regulations. 0 12 ® 7.4 Construction Site Stormwater Runoff Control 7.4.1 NCDENR — DLR -- Erosion and Sediment Control Program Do you rely on NCDENR(DLR) Erosion and Sediment Control Progam ? Yes NCDENR Division of Water Quality general permit for construction activities will also be relied upon to meet the balance of NPDES Phase II requirements for construction site Stormwater runoff controls such as proper waste disposal, etc. Contact Information NCDENR Division of Land Resources Person: Mel Nevils Address: 1601 Mail Service Center, Raleigh, NC 27699-1601 Telephone : 919-733-4574 NCDENR Division of Water Quality Person : Coleen Sullins Address : 1601 Mail Service Center, Raleigh, NC 27699-1617 Telephone : 919-733-7015 • Do you have means for public to notify proper authorities of observed erosion and sedimentation problems? Yes. The public may contact Town Hall via telephone or internet. Public Operations Director and Stormwater Superintendent may also be reached directly through phone or email. 0 13 S 7.5 Post Construction Stormwater Management in New Development and Redevelopment 7.5.1 BMP Table See Appendix B 7.5.2 Stormwater Management Ordinance Does Stormwater Management Program have an ordinance that addresses post -construction site runoff? Yes. The Town of Carolina Beach Ordinance entitled Stormwater Management adopted in 2002 is primary regulation governing stormwater in the town. This plan has been amended, as needed to address post construction site runoff. 7.5.3 Long Term Operation and Maintenance of BMPs Does Stormwater Management Plan have in ordinance or other regulatory format that requires plan reviews, long-term maintenance and use of BMPs for water quality controls? Yes. The ordinance requires plan reviews, long-term maintenance and use of BMPs for water quality controls for new and redevelopment projects of l acre or more. The Town's Stormwater program requires on -site detention for the 10 year storm event. In addition to controlling the quality of stormwater, projects are required to meet State guidelines for water quality under the State Stormwater Management Program. Plans for new or redevelopment are submitted for review and approval to Zoning and Planning and then Public Operations. New construction plans as well as construction plans that exceed 500 square feet or 50% of existing site will go through the technical review process with appropriate staff members, i.e. Operations Director, Stormwater Superintendent, Utility Superintendent. Permitees either pay a fee that contributes towards the Stormwater Management Program operation, or design and install structural BMPs to contain the first 1.5 inches of rainfall off of impervious surfaces on site. 7.5.4 Decision Process Describe the process you followed in determining your plan of action for post construction site runoff controls. State and Federal Stormwater regulations and Town of Carolina Beach Ordinance What conditions exist in your community that are unique or require tailored BMP's? Being a coastal community, Cape Fear River on one side and Atlantic Ocean on the other side. SA Waters equire that we monitor daily from our effluent at the sewer plant and in conjunction the Cape Fear River Keeper who monitors the surrounding waters. 0 14 • 7.5.5 Measurable Coals See Appendix B 7.5.6 Fecal Coliform Program Once detected, source of fecal coliform is eliminated immediately. 7.5.7 Types of BMPs allowed within the Town. The Stormwater Management Ordinance requires that BMPs used must coincide with those that are contained and detailed within the State BMP Manual. 7.5.12 BMP Operation and Maintenance The Town of Carolina Beach has a full time Stormwater Management Division as well as a Stormwater Management Ordinance. The division is funded through development fees and monthly stormwater user fees. C] • 15 7.6 Pollution Prevention/Good Housekeeping 7.6.1 BMP Table See Appendix B 7.6.2 Affected Operations Public Operations is affected by the past formation of the Stormwater Management Division. This allows 8 full time staff members to concentrate upon stormwater issues. 7.6.3 Municipal Operations Facilities List Facilities that are subject to NPDES permits: Municipal Garage: NCG080000 Cert. of Coverage: NCG080667 Municipal Marina: NCG190000 Cert. of Coverage: NCG190058 Wastewater Treatment: NCGI 10000 Cert. of Coverage: NCG110028 7.6.7 Maintenance Activities Pipes and ditches are cleaned of all debris during normal maintenance as well as on a needed basis. BMPs are installed where needed. The streets throughout the town are mechanically swept by a full time street sweeper. This reduces the amount of debris entering the system. Catch Basins and pipe are cleaned through use of vactor truck. Proper erosion control practices are taught to town staff. • 7.6.8 Reduction of Runoff from Municipal Operations Street sweeper is used to help eliminate as much debris as possible from municipal operations facilities. Parking lots are kept clean by town staff. Bio retention areas are installed wherever possible to help reduce runoff and capture any pollutants that may occur in town facilites. The municipal garage exercises the proper disposal method for all debris and chemicals. 7.6.9 Waste Disposal Debris removed from the town stormwater drainage system during regular maintenance is returned to operations yard. Vegetation from ditches and ponds is allowed to compost. It along with sediment and soil is then mixed together and allowed to set. This material is then used as fill material on town construction sites. Watery material from vactor truck is disposed of in a drying bed, where the liquids settle out leaving only solid debris. 7.6.10 Flood Management Projects Capital Improvement Projects targeted to reduce flooding problems will be evaluated for potential incorporation of water quality controls. Sandy soils require us to protect all new projects from sediment now and in the future. The Town has installed numerous infiltration devices to help reduce flooding while also capturing pollutants. Outfalls are currently being studied to reduce flooding as well as minimize pollutants. 16 7.6.11 Ordinance ModifiO66n The Stormwater Managemetil Ordinance is reviewed and amended on an as needed basis. State regulations governing stormwater require us to occasionally modify our existing ordinance to be in compliance. This is handled through the Town Council so that the public may have imput. The ordinance may also be amended if other issues arise. 7.6.12 Decision Process The pollution prevention plan for the municipal operations was derived based upon required BMPs. Any controls that can be taken to prevent pollutants from entering the system are taken. 7.6.13 BMP MeasurableGoals See Appendix B n U 0 17 • • i Operations Dept. Paul Parker Director of Operations J.D. Wrenn B. Raymond G. Gurganious Brian StanberryT W. ).Wolf Float Supt Wasiervtr Plant Supt llti System Supt Stormwater Supt Pub Wrk Sur F. Toledo J, Meeds j R. Bedgood Sco[ Weber Fleet Maint Worker Snr Trt Pit Op r Ut Maint Crvv Ldr Const Super K. Anderson J. Brewer C, Cordle Lab. Tech Sr. Util Maint Meeh ConsL Spec M, Crofton R. Gardner Ken Foltz WWT PlantOper Uti Maint Mectl Sr Const Spec R. Holt Sr Conts. Spec B. Benegasi B_Kintey W. Ammons 1MNr Plant Oper Senior Uti Maini Mach Sr Const. Spec J. Nelms Mc Keen Kyle Lewis Horticutturalisi Uti MaintlNrk Constru Spec C. Parker Li T. Mattingly Plant Maint Mach St:eet Swpr M. Fowler Uti Maint Mach R. Cook Utit Service Mech C. Simpson Uti Maint Mach Uti Maint Mech I*uj,.j, Lonergan Maint Mech R. Trogdon Pub Wrk Crw Ldr Kacy Lewis Gen Maint Wrk Ben Meister Gen Maint Wrk R. Icenhower Gen Maint Wrk T. Ammons Gen Maint Wrk T. Lawrie Blding Maint Spec A. Finney Gen Maint Worker M. Carter Gen Maint Wrkr J, Hess Gen Maint Worker M. itt Hew Gen maintwkr Shelia Trott Connie Lowe Aecting Tech I D. McVicker ng Custom SeN L. Manning no Custom Sens P. Baughman Eiectrician 0 BPM Measurable Goals for Public Education & Yr Yr Yr Yr Yr Responsible Position/Party Outreach 1 2 3 4 5 1 Identify target Identify the target pollutant and target pollutant Stormwater Superintendent pollutants and sources the permittee's public education program is x target pollutant designed to address and why they are an issue sources 2 Identify target Identify the target audiences likely to have Stormwater Superintendent audiences significant storm water impacts and why they were x selected 3 Informational Web Promote and maintain internet web site. Examples Stormwater Superintendent Site include, but are not limited to: Post newsletter x articles on Stormwater, information on water quality, Stormwater projects and activities and ways to contact Stormwater mana ement ro ram staff. 4 Develop and Develop and distribute public education material to Stormwater Superintendent distribute public appropriate target groups as likely to have a education materials significant Stormwater impact. Instead of x to identified user developing its own material, the permittee may rely groups. For on state -supplied Public Education and Outreach example, schools, materials, as available, when implementing its own homeowners, program. and/or businesses 5 Media Campaign Document campaign reach and frequency to public Stormwater Superintendent for each broadcast media like radio and TV x {including those elements implemented locally or through a cooperative agreement 6 Establish Maintain a Stormwater hotline/helpline x Stormwater Superintendent Hotline/Help line • 0 - 0 BMP Measurable Goals for Public Education and Outreach Yr 1 Yr 2 Yr 3 Yr 4 Yr S Responsible Position/Party 7 Establish a Public The permittee's outreach program, including those x x x x x Stormwater Superintendent Education and elements implemented locally or through a cooperative Outreach Program agreement, must include at least 2 of the following: and implement *Newspaper articles, press releases within 12 months of •Kiosks and signage the permit issue *Targeted direct mail date *displays at the point of purchase *Utility bill inserts The permittee's outreach program, including those elements implemented locally or through a cooperative agreement, must include at least two of the following: *Public meetings *Community events • Contest * Storm drain marking • Stream and Litter cleanups •Group presentation and/or speeches The permittee's outreach program, including those elements implemented locally or through a cooperative agreement, must include at least three of the following: *News coverage *Workshops and class room outreach •Distributing promotional giveaways and specialty items •Brochures, displays, signs, welcome packets and pamphlets *Local cable access *Newsletters For each media, event or activity, including those elements implemented locally or through a cooperative agreement measure and record the extent of exposure. i BPM Measurable Goals for Public Involvement and Yr 1 Yr 1 Yr Yr Yr Responsible Position/Party Participation 1 2 3 4 5 1 Administer a Public Develop and implement a Public Involvement and x x Stormwater Superintendent Involvement Program i participation Program as outline in 2-5 below. 2 Allow the public an 'Conduct at least one public meeting in year 2 to x Stormwater Superintendent opportunity to review and allow the public an opportunity to review and comment on the comment on the Stormwater Plan. Stormwater Plan 3 Organize a volunteer Organize and implement a volunteer Stormwater x Stormwater Superintendent community involvement (related program locally or through a cooperative program ��agreement to promote ongoing citizen participation. )Examples include sponsoring and participating in ',Big Sweep, Forming partnerships with local .I businesses, Adopt a stream, Adopt a street, ,promoting volunteer presentations, Creek crawls, storm drain stenciling and poster contest 4 Establish a mechanism for 'Establish mechanism for public involvement for x Stormwater Superintendent Public involvement example, a citizens' or stakeholders' group(s) that ',provide input on Stormwater issues and the !Stormwater program. 5 Establish Hotline/Help aintain a Stormwater hotline/helpline x Stormwater Superintendent line M BPM Measurable Goals for Illicit Discharge Detection and Yr Yr Yr Yr Yr Responsible Position/Party Elimination 1 2 3 4 5 1 Develop/Implement Develop and implement an Illicit Discharge Detection x Stormwater Superintendent Illicit Discharge and Elimination Program including provisions for Detection and program assessment and evaluation. Elimination Program 2 Establish and maintain Establish and maintain adequate ordinances or other x Stormwater Superintendent appropriate legal legal authorities to prohibit illicit discharges and enforce authorities the approved Illicit Discharge Detection and Elimination Program 3 Develop a Storm Sewer Map identifying major outfalls and Stormwater drainage x Stormwater Superintendent System Base Map and system components. At a minimum, components include Inventory of Major major outfalls and receiving streams. Established Outfall. procedures to continue to identify, locate and update ma of draina e system. 4 Inspection/detection Establish written procedures for detecting and tracing x Stormwater Superintendent program to detect dry the sources of illicit discharges and for removing the weather flows at MS4 sources or reporting the sources to the State to be outfalls. ro arl ermitted 5 Employee training Conduct training for appropriate municipal staff on x Stormwater Superintendent detectin and reporting illicit discharges. 5 Provide public education Inform public employees, businesses and the general x Stormwater Superintendent public of hazards associated with illegal discharges and im ro er dis osal of waste. 7 Establish a public Establish and publicize reporting mechanism for the x Stormwater Superintendent reporting mechanism public to report illicit discharges. Establish citizen request response procedures. 8 Establish procedures to Establish procedures to identify and report to the County x Stormwater Superintendent identify and eliminate health department failed septic systems located within failed septic system and the permittee's planning jurisdiction. Establish sanitary sewer procedures to identify and report sanitary sewer overflows. overflows and sewer leaks to the system operator. Now BPM Measurable Goals for Post Construction Site Yr Yr Yr Yr Yr 1 Responsible Position/Party Runoff Controls 1 2 3 4 5 1 Establish a Post Develop and adopt by ordinance (or similar regulatory x '; Stormwater Superintendent Construction mechanism) a program to address Stormwater runoff Stormwater from new development and redevelopment. Implement Management Program and enforce the program within 24 months of the permit issue date 2 Establish strategies Develop strategies that include a combination of x f Stormwater Superintendent which include BMPs structural and/or nonstructural BMPs. Implement them I { appropriate for the wihin 24 months of the permit issue date. Provide a MS4 mechanism to require long term operation and maintenance of structural BMPs. Require annual inspection reports of permitted structural BMPs f I performed by a qualified professional (i.e. someone j trained and certified by NC State for BMP Inspection & Maintenance), 3 Establish a program Coordinate with County health department to control x k Stormwater Superintendent under the Post the known sources of fecal coliform to the maximum Construction minimum extent practicable. Implement within 24 months of the measure to control the permit issue date. sources of fecal coliform to the maximum extent practicable 4 City Code, Permitting Ensure development activities will maintain the x Stormwater Superintendent Regulations, Easement project consistent with approved plans. j and/or Deed Restrictions and Protective Covenants 5 Operation and Implement or require an operation and maintenance x ! Stormwater Superintendent Maintenance Plan plan that ensures the adequate long-term operation of the structural BMPs required by the program. The operation and maintenance plan may require the owner of each structural BMP to submit a maintenance inspection report on each structural BMP annually to the local program. BPM Measurable Goals for Post Construction Site Runoff Yr Yr Yr Yr Yr' Responsible Position/Party Controls 1 2 3 4 5 6 SetMs for Built -upon areas Require built -upon areas to be located at least 30 feet landward of all perennial and intermittent surface waters except as provided for in the permittee's x Stormwater Superintendent approved Post -Construction Stormwater Ordinance. For purposes of this section, a surface water shall be present if the feature is shown on either the most recent version of the soil survey map prepared by the } Natural Resources Conservation Service of the US Dept. of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the US Geologic Survey. Relief from this requirement amy be allowed when surface waters are not present in accordance with the provisions of 15 A NCAC 02B ` .0233(3)(a). j �i i BPM Measurable Goals for Pollution Prevention and Yr Yr Yr Yr Yr Responsible Position/Party Good Housekeeping for Municipal Operations 1 2 3 4 5 1 Develop an operation Develop an operation and maintenance program for x Stormwater Superintendent and maintenance structural Stormwater BMPs, storm sewer system program maintenance which may include street sweeping and municipal operations such as recycling and household hazardous waste and oil collection 2 Develop Site Pollution Develop and implement Site Pollution Prevention x Stormwater Superintendent Prevention Plan for Plan for Municipal Facilities owned and operated by Municipal Facilities the permittee with the potential for generating polluted Stormwater runoff that has the ultimate goal of reventing or reducing pollutant runoff. 3 inspection and Maintain an inventory of facilities and operations x Stormwater Superintendent evaluation of facilities, owned and operated by the permittee with the operations, and the potential for generating polluted Stormwater runoff, MS4 system and including the MS4 system and associated structural associated structural BMPs. Conduct inspections at facilities and BMPs. operations owned and operated by the permittee for potential sources of polluted runoff, the Stormwater controls, and conveyance systems. Evaluate the sources, document deficiencies, plan corrective actions, implement appropriate controls and document the accomplishment of corrective actions. 4 Conduct staff training Conduct staff training specific for pollution x Stormwater Superintendent revent. n and good housekeeping procedures 5 Review of municipality Conduct annual review of the industrial activities x x x Stormwater Superintendent owned or operated with a Phase I NPDES Stormwater permit owned and regulated industrial operated by the permittee, Review the following activities 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- u actions at the facilities b Spill Response Establish spill response procedures for municipal x Stormwater Superintendent Procedures operations owned and operated by the permittee with the potential to generate polluted Stormwater runoff BPM Measurable Goals for Pollution Prevention and Good Housekeeping for Municipal Operations Yr 1 Yr 2 Yr 3 Yr 4 Yr 5 Responsible Position/Party 7 Prevent or Minimize Describe measures that prevent or minimize x Stormwater Superintendent Contamination of contamination of the Stormwater runoff from all Stormwater Runoff areas used for vehicle and equipment cleaning. from all areas used for perform all cleaning operations indoors, cover the vehicle and equipment cleaning operations, ensure washwater drain to cleaning sanitary sewer system, collect Stormwater runoff from the cleaning area and providing treatment or recycling, or other equivalent measures. If sanitary sewer is not available to the facility and cleaning operations take place outdoors, the cleaning operations shall take place on grassed or graveled areas to prevent point source discharges of the washwater into the storm drains or surface waters. Where cleaning operations cannot be performed as described above and when operations are performed in the vicinity of a storm drainage collection system, the drain is to be covered with a portable drain cover during clean activities. Any excess ponded water shall be removed and properly handled prior to removing the drain cover. The point source discharge of vehicle and equipment wash waters, including tank cleaning operations, are not authorized by this permit and must be covered under a separate NPDES permit or discharged to a sanitary sewer in accordance with applicable industrial pretreatment requirements, Town of Carolina Beach NORTH CAROLINA • USA • 28428 � 1121 N. Lake Perk Blvd. Carolina Beacb. North Carolina 28428 Municipal Operations Department Paul Parker. Director of Public Works & Pabiic Utilities 910 458-8291(pbone) 910-45&2528(fax) April 12, 2008 To Whom It May Concem, This letter serves as official notification that the Carolina Beach Public Operations Director, Paul Parker, is hereby authorized to sign the Stormwater NPDES II Annual Program Assessment Report, on behalf of the Town of 40 Carolina Beach_ If you have any questions or concerns, please contact the Town at (910) 458- 8291. ere , i ens Town Manager Town of Carolina Beach r1 U Stormwater Management Ordinance • !'1_Ax 1_IV I.iL 1 V. 0.1.%J.1t1V1. YV 111-LAN, 1VJ.PU4P1jXWV11i1Y .1 VLLL V ti1V l..L' Y'clgG 1 u1 10 • ARTICLE IV. STORMWATER MANAGEMENT ORDINANCE* *Note: See editor's note following ch. 12, Art. V. [DIVISION 1.] IN GENERAL Sec. 16-171. Short title. This chapter shall be known as "The Stormwater Management Ordinance of the Town of Carolina Beach, North Carolina". (Ord. No. 02-521, 9-26-02) Sec. 16-172. Purpose. The purpose of this chapter is to protect and promote the public health, safety and general welfare, and to safeguard the natural resources of the town by regulating stormwater runoff. This is •accomplished by requiring permits for and imposing conditions and requirements upon development activities, and by establishing procedures upon development activities, and by establishing procedures by which these requirements and conditions are to be administered and enforced. • The impacts of stormwater cannot be addressed solely through management practices on individual properties. The town has a role in management of stormwater through the planning, construction, operation and maintenance of facilities to reduce the adverse effects of stormwater and satisfy state and federal statutes and regulations. (Ord. No. 02-521, 9-26-02) Sec. 16-173. Policy. It is the policy of the town that all developed land within the town have sufficient stormwater management controls as to ensure the adequate protection of life and property. To this end, as a minimum, developed land within the town shall be provided with management of post development run- off from a ten-year frequency storm, so that the on -site and off -site effects of development are the same or better than the pre -development state. In order to provide an effective and long-term approach to stormwater management, adequate funding must be provided for the planning, construction, operation and maintenance of a public stormwater management program and system. The requirements of this chapter shall be construed consistently with the requirements of the State of North Carolina for controlling stormwater quality. When the requirements of this chapter conflict with the rules and regulations of the State of North Carolina, the more stringent or higher requirement shall govern. (Ord. No. 02-521, 9-26-02) Sec. 16-174. Applicability of this chapter. http://library3.municode.corn/defautYDocView/10506/i/102/106 4/10/2008 !11\.l.Itr1�1: .1 V . 0.1 kJXXJVl.VVt111_�lt 1Vi1'1.I VtA%JLLV1r_1V I IJ C�IJIIV!-V.1VLG rage G UL L4 (a) Except as otherwise provided herein, the provisions of this chapter shall apply to each of the following: ® (1) Any development activity that creates five hundred (500) square feet or more of impervious surface area. (2) All new major subdivisions as defined in Chapter 12 of the Town Code, Article III, Sec. 12-37. (b) In applying the provisions of this chapter, the cumulative area of the proposed development activity and all development activity on a site within a two year period immediately preceding the date of application for a stormwater discharge permit shall be considered together. (c) Whenever a site is redeveloped as set forth in section 16-175 of this [division] section, stormwater management shall be provided in accordance with the provisions of this chapter for the entire site, even if the redevelopment activity results in less impervious area than previously existed on the site. When a building on a site is redeveloped as defined in this chapter, or completely replaced, then the new impervious area shall include the total impervious area after redevelopment and shall not be reducedby any parking lots or other impervious areas left on the site. (d) Whenever a site is expanded, as set forth in subsection (a) of this section, the expanded portion of the facilities shall comply with this article. Whenever the expansion equals or exceeds fifty percent of the existing development, the entire project shall be required to comply with this article. (Ord. No. 02-521, 9-26-02) Sec. 16-175. Definitions. For the purpose of this chapter, and any rules or regulations established hereunder, certain words and terms used herein are defined as follows: Applicant: An owner or developer of a site who executes the forms required for the obtaining of a stormwater discharge permit pursuant to this chapter. Authorized registered professional A professional engineer, registered land surveyor, landscape architect or other professional registered, licensed or certified pursuant to the North Carolina General Statutes and authorized by law to prepare the plans and specifications and provide the certifications required by the various provisions of this chapter. Best management practice (BMP): A structural or nonstructural management based practice used singularly or in combination to reduce non -point source inputs to receiving waters in order to achieve water quality protection goals. Clearing: Any activity, which removes the vegetative ground cover. Deed of conveyance: The transfer of an easement interest or fee simple title in a stormwater management facility to the Town of Carolina Beach. Detention: The collection and storage of stormwater runoff with subsequent discharge to surface waters. Developed land: Parcels altered from a natural state by construction or installation of impervious surfaces. For new construction, parcels shall be considered developed upon final approval of the site improvements by the town. •Developer: A person undertaking any or all the activities covered by this chapter, or for whose benefit such activities are commenced or carried on. General contractors or subcontractors, or both, without a proprietary interest in a project are not included within this definition. http://library3.municode.com/default/DocView/10506/l/102/106 4/10/2008 H.KIIUt,tI-IV.�ilUK.IVIWHlhK1VI.HNAtit"ML"IV1 UKIJl1VH1Vll;T rage -ioT 16 Director of stormwater management: The authorized representative for the town manager, to direct and administer the provisions of this ordinance. . Equivalent residential unit (ERU): Five hundred (500) square feet of impervious surface. Erosion: The process by which the ground surface is worn by the action of wind, water, ice or gravity. Erosion and sediment control measures: A system of structural and vegetative measures that minimize soil erosion and off -site sedimentation. The term, where appropriate, shall include stormwater management measures. Excavation: Any act, or the conditions resulting therefrom, by which soil, earth, sand, gravel, rock, or similar material is cut into, dug, quarried, uncovered, removed, displaced or relocated. Expansion of site: The addition of new building(s), structures, parking lot(s), or any other new impervious surface to the site. Construction of any new impervious surface on an area previously pervious which does not meet the definition of redevelopment as defined in this section shall be considered as expansion. Facility: Shall mean a stormwater management facility, and shall include all land, materials, and appurtenances used in construction and operation of said facility. Facilities include, but are not necessarily limited to, retention ponds, detention ponds, open and closed systems, etc. Fill: Any act, or the conditions resulting there from, by which soil, earth, sand, gravel, rock or any similar material is deposited, placed, pushed, pulled or transported. Flood plain: Any land susceptible to being inundated by water from any source. Grading: Any act causing disturbance of the earth. This shall include but not limited to any excavating, filling, stockpiling of earth materials, grubbing, root mat or topsoil disturbance, or any • combination of such. Illicit discharge: Any discharge to a town separate storm sewer that is not composed entirely of stormwater except discharge pursuant to a NPDFS permit (other than the NPDES permit for discharge from the town separate storm sewer) and discharges resulting from firefighter activities. Impervious: The condition of being impenetrable by water. Impervious surface area shall include but is not limited to roofs, covered decks, driveways, patios, sidewalks, parking areas, tennis courts, concrete or asphalt streets, crushed stone and gravel surfaces. Imperviousness: The degree to which the site is impervious. Land disturbing activity: Any earth movement and land use changes which may result in soil erosion. Marshland: Shall mean all land subject to tidal action which is comprised of general unstable soil material commonly known as hard or silt marsh, which in its natural state is vegetated with marsh grass, reeds, and similar growth, and is usually characterized by poor load -bearing capacity. National Pollutant Discharge Elimination System (NPDFS): A permitting system established by Section 402 of the Clean Water Act. NPDFS permits are issued by the State of North Carolina for discharges directly to the surface waters of the state. Natural ground surface: The ground surface in its original state before any land disturbing activity. Non -single family residential use: Any land use other than single family residential, except for undeveloped land. •Off -site facility: With respect to any particular property, shall mean a stormwater management facility serving said property but not located on said property. http://llbrary3.inunicode.com/default/DocView/10506/1/102/106 4/10/2008 AK'lIULL; IV. 1'l UKMWAThK MANAU11Mk1N F UKUMANi A* Vage 4 of l8 On -site facility: With respect to any particular property, shall mean a stormwater management facility serving the subject property and located thereon. . Owner: The owner or owners of a site on which land disturbing activity is, will, or has been done. Permit: Either a stormwater discharge, building, erosion and sedimentation control, or subdivision development construction permit, as may be appropriate within the context of the specific provision of this chapter. Permittee: Any person to whom a stormwater discharge, building, or subdivision development construction permit is issued pursuant to this chapter. Person: Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, county, state, or federal agency or any combination thereof. Pervious: Ground that permits penetration of water, opposite of impervious. Pre -development state: A site in its natural condition prior to any development activity. Primary drainage channels: Shall mean all drainage channels which drain an area of one hundred (100) acres or more. Private facility: Any stormwater management facility not owned and operated by the Town of Carolina Beach. Public facility: Any stormwater management facility owned and operated by the Town of Carolina Beach, the State of North Carolina, or federal land. Redevelopment: The substantial modification of existing developed areas, not to include interior remodeling or interior modifications which do not include substantial structural modifications to the 40 facility. When fifty (50) percent of the site is being redeveloped, the entire site shall be considered as being redeveloped. Retention: The collection and storage of stormwater runoff without subsequent discharge to surface waters. Secondary drainage channels. Shall mean all drainage channels which drain an area of less then one hundred (100) acres and the primary benefit is to the development. Sediment: Soil transported or deposited by the action of erosion or artificial means. Sediment control permit: The sediment control permit issued by the Town of Carolina Beach or the State of North Carolina authorizing land disturbing activities in accordance with applicable ordinances and regulations. Single family residential use: One structure on one parcel containing only one house unit, to include attached garages, and any other structures that maybe on the lot to include sheds, car ports, slabs of concretes, etc. Stormwater discharge permit.- The stormwater discharge permit issued by the Town of Carolina Beach authorizing stormwater discharge activities in accordance with this chapter and applicable ordinances and regulations. Stormwater management plan: A plan designed to minimize erosion, prevent off -site sedimentation and control stormwater, submitted as a prerequisite to obtaining a stormwater discharge permit. The plan shall be prepared and designed in accordance with this chapter, town regulations, and applicable state law and regulation, including applicable standards and specifications. Stormwater system: All manmade structures or natural features within the Town of Carolina •Beach that serve to provide for conveyance of runoff water resulting from natural storm events. Components of the stormwater system include but are not limited to swales, ditches, pipes, channels, creeks, ponds, weirs, culverts, manholes, inlet structures, and tidal gates. http://llbrary3.municode.com/defaultIDocView/I 0506/1/102/106 4/10/2008 A1'%AJ1-Lh.1v. �lUK1v1VVIN-ILK1VlHINAk-J ,ivj_r,iv1 UKU1.NA-M L" rage Dor is Site: That portion of land, lot or parcel of land, or combination of contiguous lots or parcels of land upon which grading or other land disturbing activity is to be performed. ® Soil: Any earth, sand, gravel, rock or other similar material. Standards and specifications: Those standards and specifications relating to stormwater management that may now or hereafter be established. Stormwater management: (1) For quantitative control, a system of vegetative and structural measures which control the increased volume and rate of surface runoff caused by manmade changes to the land and have the effect of maintaining the predevelopment patterns of flood magnitude and frequency, (2) for qualitative control, a system of vegetative, structural, and other measures which control or treat pollutants carried by surface runoff. Ten-year frequency storm: The storm of an intensity expected to occur on the average, once in ten (10) years, and of a duration which will produce the peak rate of runoff for the watershed of interest. Town attorney: The town attorney or any assistant town attorney for the Town of Carolina Beach. Town manager. The town manager of the Town of Carolina Beach or the town manager's authorized representative. Undeveloped land: Land that does not meet the definition of developed land. Water course or drainage way. Any natural or artificial water course, including, but net limited to: streams, rivers, creeks, ponds, lakes, ditches, channels, canals, conduits, culverts, drains, waterways, gullies, ravines, or washes in which waters flow in a definite direction or course, either continuously or intermittently; and including any area adjacent thereto which is subject to inundation by reason of overflow or flood water. Wetlands (404 Wetlands): Wetlands means those areas defined by the U.S_ Army Corps of Engineers as jurisdictional 404 wetlands. (Ord. No. 02-521, 9-26-02) Sec. 16-176. Interpretation. (a) In interpreting and applying this chapter the requirements contained herein are declared to be minimum requirements which are imposed and are to be conformed to, and are in addition to, and not in lieu of, all other legal requirements, and shall be liberally construed to accomplish the purposes set forth herein. (b) This chapter shall not be deemed to interfere with or abrogate or annul or otherwise affect in any manner whatsoever any ordinance, rules, regulations, or permits or easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes greater restrictions and controls with respect to stormwater management than are imposed or required by other ordinances, rules, regulations, or permits, or by easements, covenants, or agreement between parties, the provisions of this chapter shall prevail. (Ord. No. 02-521, 9-26-02) Sec. 16-177. Administration. 4D (a) The director of stormwater management is hereby authorized and directed to administer the provisions of this chapter, and shall have such other powers and perform such other duties as are set forth in other sections of this chapter and as may be conferred or imposed from time http://library3.municode.com/default/DocView/] 0506/1/102/106 4/10/2008 AKFIULE IV. STUKMWA1TEK MANAUEN1ENT UKU.INANUE* Page b of IN to time. (b) The director of stormwater management is hereby authorized to establish regulations and guidelines, by whatever title, for the implementation of the provisions of this chapter, including but not limited to establishing specific requirements and standards which shall govern land disturbing activities and the utilization and implementation of stormwater management measures, inspections and enforcement. Said regulations shall become effective upon their approval by the town council. Secs. 16-178, 16-179. Reserved. [DIVISION 2.1 STORMWATER DISCHARGE PERMITS. Sec. 16-180, Reserved. Sec. 16-181. Stormwater discharge permit required. No owner or developer of a site shall commence any of the development activities described in section 16-175 above without obtaining a stormwater discharge permit pursuant to the provisions of this chapter. (Ord. No. 02-521, 9-26-02) 0 Sec. 16-182. Application. (a) An application for a stormwater discharge permit shall be made by, or on behalf of, the owner(s) or developer(s) of the site for which a permit is sought. A separate application shall be required for each permit, but a permit and application therefore may cover any number of contiguous lots being developed as a single project. The application shall be filed with the town on a form supplied by the town, and signed by the applicant, or by the applicant's agent or representative. (b) Each application for a stormwater discharge permit shall include the following: (1) The name, address and telephone number of the applicant(s) and of the person signing the application, if different than the applicant. (2) A complete and detailed stormwater management plan, including detailed design plans and construction specifications, (refer to the Town of Carolina Beach Storm Water Specifications and Standards), for stormwater management facilities; the exact location of any on -site stormwater management facility and the easement(s) for said facility; and the exact location of any access easement(s); (3) The specifics of any off -site stormwater management facilities to be utilized, including the amount and proof of any contribution thereto; (4) All necessary easements and stormwater management maintenance agreements; and (5) The appropriate stormwater discharge permit application fee as set forth in the fee schedules. (Ord. No. 02-521, 9-26-02) http://iibrary3.muni code.com/default/DocView/10506/l /102/106 4/10/2008 ARTICLE IV. STORMWAT.ERMANAGEMENT ORDINANCE* Page 7 of 18 • Sec. 16-183. Issuance. No stormwater discharge permit shall be issued until the following conditions are met: (1) Approval of a stormwater management plan by the director of stormwater management. (2) Submission and approval of any required easements and stormwater management inspection and maintenance agreements or other documents as required by this chapter. All documents required by this section shall be fully executed prior to the recordation of the final subdivision plat or issuance of the certificate of occupancy. (3) Payment of stormwater management contribution where off -site stormwater management is applicable. (4) Payment of all required application fees. (5) Compliance with all applicable laws, ordinances, regulations, standards and specifications. (Ord. No. 02-521, 9-26-02) Sec. 16-184. Issuance, non -transferability. Stormwater discharge permits shall be issued in the name of the applicant(s) and no permit shall be transferred or assigned without the written consent of the town. S (Ord. No. 02-521, 9-26-02) Sec. 16-185. Conditions of approval. All stormwater discharge permits are conditioned on compliance with the approved plan and with all relevant laws, ordinances, regulations and standards of any state or local government or agency, including any standards established by the town relating to stormwater management. Permits are also conditioned on the agreement and obligation of the applicant to save harmless the town, its officers and employees, from any expense incurred through the failure of the applicant, or the applicant's agents to complete any required stormwater management measures, or from any damages growing out of the negligence of the applicant or the applicant's agents in connection with stormwater management measures. (Ord. No. 02-521, 9-26-02) Sec. 16-186. Denial of stormwater discharge permit. (a) No stormwater discharge permit shall be issued if it is found that the work proposed by the applicant will endanger any property or public way or pollute any water in violation of any federal or state standard or this chapter. Factors to be considered shall include, but not be limited to, possible saturation by rains, earth movement, surface water runoff, soil erosion, sedimentation, siltation, and subsurface conditions such as the nature and type of soil and rock. • (b) No stormwater discharge permit shall be issued for activities within the 100-year flood plain of any stream or water course, until a determination has been made that said activity is in compliance with the town's flood plain regulations. http://Iibrary3.municode.com/default/DocVlew/I0506/l/102/106 4/10/2008 AK ICLE IV, STUKM WA'.FEIC MA.NAUEMI_NT U.KIJ1NANC E* Rage h ot, 1 h (c) The town may deny the issuance of any permit to an applicant when it determines that the applicant is not in compliance with the provisions of an approved stormwater management plan 0 for any project within the jurisdiction of the town. (d) Failure of the director of stormwater management to observe or recognize hazardous conditions or failure to deny the stormwater discharge permit shall not relieve the permittee from responsibility for the conditions or damages resulting therefrom and shall not result in the town, its officers or employees, being responsible for the damages resulting therefrom. (Ord. No. 02-521, 9-26-02) Sec. 16-187. Expiration, renewal. (a) When a stormwater discharge permit is issued in association with a project requiring a building permit, the stormwater discharge permit shall expire upon the expiration or revocation of the building permit. (b) When a stormwater discharge permit is issued in association with a subdivision construction permit, the permit shall expire upon expiration of preliminary plat approval. (c) If the stormwater discharge permit expires, the permittee shall make application for a new permit in accordance with this article. (Ord. No. 02-521, 9-26-02) Sec. 16-188. Authority to revoke or suspend. . The director of stormwater management shall have the authority to suspend or revoke any stormwater discharge permit and to issue a stop work order for any violation of this chapter, applicable technical standards, stormwater discharge permit, any state, federal or local law applicable to the work or changes in site characteristics upon which plan approval and permit issuance was based. (Ord. No. 02-521, 9-26-02) Secs. 16-189, 16-190. Reserved. [DIVISION 3.] STORMWATER MANAGEMENT PLANS Sec. 16-191. Reserved. Sec. 16-192. Plan and specification requirements. An approved stormwater management plan and construction specifications are required for all activities requiring a stormwater discharge permit, and shall be available on -site at all times. The plan and specifications shall be prepared and sealed by an authorized registered professional. The plan and specifications shall meet the regulations and requirements of this chapter, and the criteria contained in any applicable standards and specifications adopted by the town council. • (Ord. No. 02-521, 9-26-02) http://library3.municode.com/default/DoeView/l0506/1/102/106 4/10/2008 f1K l.1C;LC, IV. 6 L UKIVI VV IN, ILK IV] 1UN WMVIh1V 1' UK1JINAINUt ' Page 9 of 18 Sec. 16-193. Required approvals. (a) Plans and specifications for stormwater management require the approval of the town, and appropriate state and federal agencies. (b) The various approving departments and agencies may request additions, deletions and modifications to the plan as deemed necessary prior to approval. Said modifications shall be reflected on a revised plan prior to approval and issuance of the stormwater discharge permit. (Ord. No. 02-521, 9-26-02) Sec. 16-194. Modification of approved plan. (a) No modification of the approved plan shall be made until approved by the town in accordance with its rules and regulations. (b) Requests for modifications to an approved plan shall be submitted in writing to the director of stormwater management. (c) All modifications shall be made in accordance with the criteria contained in the Town of Carolina Beach Standards and Specifications Manual and other applicable state law or regulation. (Ord. No. 02-521, 9-26-02) Secs. 16-195, 16-196. Reserved. e [DIVISION 4.1 ON -SITE STORMWATER MANAGEMENT Sec. 16-197. Reserved. Sec. 16-198, Design and construction of stormwater management measures. (a) General design requirements are such that all stormwater management plans shall provide, as a minimum, storage of runoff from a post -development ten-year frequency storm and release thereof from a site at a rate not to exceed the rate at which runoff from a pre -development ten- year frequency storm would be released. (b) The basic design criteria, methodologies, and construction specifications shall be those of the Town of Carolina Beach as found in the standards and specifications manual. The design criteria and specifications shall provide for managing the increase in peak discharge for the ten- year frequency storm event. In addition, the stormwater management plan shall comply with the requirements of the State of North Carolina for controlling stormwater quality. (c) In designing on -site stormwater management measures, those measures to be utilized shall be considered in the following order of preference: (1) Flow attenuation by use of open vegetated swales and natural depressions, except that open vegetated swales as roadside ditches in lieu of curbs and gutters are not allowed; (2) Infiltration; • (3) Retention (permanent pool) structures; and (4) Detention (no permanent pool) structures. http-Hlibrary3.municode.com/default/DoeView/10506/l/102/106 4/10/2008 AM.1.11..1.r 1.V. ')I UNIVINY A III C MAINAULM LIN I VKUINA_NULm -Page I U of 18 The order of preference shall be modified where necessary, to accommodate requirements of the State of North Carolina for controlling stormwater quality. ® (Ord. No. 02-521, 9-26-02) Sec. 16-199. Other considerations in design preparation. (a) The pre -development peak discharge rate shall be computed assuming that all land uses in the tributary area are in a predevelopment state. (b) The developer shall give consideration to incorporating use of natural topography and land cover such as wetlands, ponds, natural swales, and depressions as they exist prior to development to the degree that they can accommodate the additional flow of water. (c) Where storm drainage systems convey off -site stormwater through property, computations reflecting the drainage area of land tributary to the site, and estimated runoff of the area served by such systems, shall be provided. In addition, a complete ten-year event storm drainage study shall be submitted for the site. Ail storm drainage systems conveying off -site stormwater through property shall be public systems or private systems which shall be designed, constructed and maintained to at least the standards of a public storm drainage system as contained in the standards and specifications manual. The design and construction shall be certified by an authorized registered professional as a meeting or exceeding the requirements of this chapter and the stormwater management technical standards and specifications. (Ord. No. 02-521, 9-26-02) • Sec. 16-200. Stormwater management requirements during and after construction. (a) The town may require the relocation, reconstruction or encasement by the developer or owner of water or sewer facilities located or planned with the limits of proposed stormwater management facilities. (b) Precautions shall be taken to avoid contamination or infiltration of systems during construction. (c) Record (as built) drawings (reproducible Mylar) for all stormwater management facilities must be certified by an authorized registered professional and provided to the town for permanent record. (Ord. No. 02-521, 9-26-02) Secs. 16-201, 16-202. Reserved. [DIVISION 5.1 OFF -SITE STORMWATER MANAGEMENT Sec. 16-203. Reserved. Sec. 16-204. Off -site stormwater management requirement. Where property is undergoing redevelopment or where a public stormwater management facility http://Iibrary3.municode.com/default/DocView/10506/l/102/106 4/10/2008 AKTIUL.1L 1V. S'1'UKMWA'1'LK MANAUEMI3.N'.I' U.KllI.NANUE" I- age 1 1 ot' 18 or other improvements to the town's drainage system have been constructed, programmed, or identified for construction in the town's capital improvements program or are reflected on the town's .master drainage improvement plan, which have or will have sufficient capacity to accommodate stormwater run-off generated by the development, the town may require the applicant to pay to the town a fee in lieu of construction ofon-site stormwater management facilities in accordance with the following formula: [(0.10) (Land value) + (Construction cost) (Site Acreage)] % impervious. For the purpose of the above formula, the variables shall have the following definitions: (1) Land value shall be the fair market value for the tract of land being developed or the assessed tax value, which ever is greater. n U (2) Construction cost shall mean the dollar amount per lot of constructing on -site stormwater management facilities based on historical data. On the date of this ordinance, such amount shall be four thousand eight hundred thirty dollars ($4,830.00). Such amount shall be adjusted annually on July 1, based on the construction cost index for the prior year. (This is the average cost at this time to build an on -site stormwater retention pond.) (3) Site acreage shall be the total area of the tract of land being developed and requiring stormwater management facilities in acres, rounded to the nearest tenth of an acre. (4) Percent impervious shall be the acreage on the site requiring stormwater management facilities that is impenetrable by water divided by the total site acreage, rounded to the nearest tenth of an acre. (Ord. No. 02-521, 9-26-02) Sec. 16-205. Combination of measures permitted. Nothing in these regulations shall be construed to mean that stormwater management requirements cannot be satisfied by a combination of on -site and off -site facilities, payment of fees, grant of easement, dedication of land and/or stormwater management facility if so required by the town. (Ord. No. 02-521, 9-26-02) Sec. 16-206. Additional requirements for fee alternative. Fees approved and accepted by the town for off -site stormwater management may be used by the town for land acquisition (including easements and rights -of -way) and the study, engineering, design, purchase, construction, expansion, repair, maintenance, landscaping and inspection of public stormwater management facilities, either existing or contained in an approved capital improvements program or reflected on the town's master drainage improvement plan. Fees collected from the development shall be applied to projects benefiting in the drainage basin from which the fee is collected. (Ord. No. 02-521, 9-26-02) Secs. 16-207, 16-208. Reserved. • (DIVISION 6.1 INSPECTIONS AND ENFORCEMENT http://library3.municode.com/defaultfDocView/10506/ l/1021106 4/10/2008 AWFL LLIV. �H'UKMWA1LKMA.NAUJ1_1V[tNI UKUI1NAM;t1" rage tzor is • Sec. 16-209. Reserved. Sec. 16-21 0. Inspections. (a) An approved stormwater management plan shall be available on -site at all times. (b) Periodic inspection during construction of stormwater management facilities shall be conducted by the town. If the work performed upon the site fails to comply with any ordinance, regulation, standard of condition of any permit, the owner and permittee shall be informed of the violation and the nature of the corrections required. (c) The town may require the applicant to provide engineering inspection and testing during construction. Upon completion of construction, certification by an authorized registered professional that all work completed and construction materials used meet or exceed requirements of approved plans and specifications shall be provided. (Ord. No. 02-521, 9-26-02) Sec. 16-211. Inspection and maintenance plan for private stormwater management facilities. Whenever an existing or future private on -site stormwater management facility is to serve the subject property, the following shall be provided to the town prior to the issuance of any stormwater discharge, building, or subdivision development construction permit. • (a) A written inspection and maintenance plan for the facility which shall bind the owner of the property served by the facility and all subsequent owners, successors and assigns and provide for the following: (1) The maintenance of the facility. If a party other than the applicant assumes primary responsibility for the maintenance of the facility, the applicant shall guarantee the maintenance of the facility and assume ultimate responsibility therefore. (2) Access to the facility at reasonable times for inspection by the town and or its agents or representatives. (3) That if a town order directing the correction, repair, replacement, or maintenance of the facility or of any portion thereof is not satisfactorily complied with within a reasonable period of time, the town may, after reasonable notice, enter the land and perform all necessary work to place the facility in proper working condition, and may assess the owners of the subject property for the cost of said work which cost shall be a lien on such property and may be collected as provided in G.S. 160A-193. The owners of all property served by the facility shall be jointly and severally responsible to the town for the maintenance of the facility and liable for any cost incurred by the town pursuant to said agreement, and all such properties are jointly and severally subject to the imposition of liens for said costs. (4) Any other provisions as may be reasonably required to achieve the purposes of this chapter and such provisions as set forth in the town's technical standards and specifications manual. (5) Compliance with the inspection and maintenance plan shall be deemed to be a is variance of the approval of any special use permit granted by the town council, any variance granted by the board of adjustment, any final subdivision plat approved for recording in the New Hanover County Registry and any site plan approval. The town http://library3.municode.com/default/DocView/1 0506/1 I102/106 4/10/2008 ARTICLE IV. STORMWATER MANAGEMENT ORDINANC E* Page 13 ot 16 may require the notation of such conditions to the owners or their successors and ® assigns, the inspection and maintenance plan may be recorded in the New Hanover County Registry, at the expense of the applicant. (b) Whenever a private stormwater management facility is designed to receive stormwater run- off from public streets or other public property, as a condition of the approval of the stormwater management plan, the owners of the facility and their successors and assigns shall release, indemnify and hold the Town of Carolina Beach, its officials and employees, harmless from any responsibility or liability for any and all damage or injury of any kind or nature whatever (including death resulting therefrom) to all persons, whether employees of the town or otherwise, and to all property, caused by, resulting from, arising out of, or occurring in connection with the drainage, flow or run-off of surface water from public property over and into the stormwater facilities and from the stormwater facilities on to adjacent properties. As a further condition of the approval, the owner and its successors and assigns shall be deemed to have agreed that the Town of Carolina Beach shall have no responsibility or liability for the maintenance of the stormwater management facilities and the owner and its successors and assigns shall maintain the facilities so that they do not become a public or private nuisance or cause damage to adjacent property. These agreements shall be appurtenant to and run with the land benefited by the stormwater facilities and shall be binding on the owner and its successors and assigns and occupants thereof. (c) When deemed necessary by the town, an easement in a form approved by the town attorney, granting the town and its agents and representatives adequate and perpetual access to the facility and sufficient area for inspection and maintenance, if necessary, by the town, its agents and representatives. Said easement shall be filed in the New Hanover County Registry, at the expense of the applicant, and shall bind all subsequent owners and assigns of the facility and of the property on which the facility is located. 0 (Ord. No. 02-521, 9-26-02) Sec. 16-212. Emergency authority. If the director of stormwater management determines that the condition of any stormwater management facility presents an immediate danger to the public health or safety because of an unsafe condition or improper maintenance, the director of stormwater management shall take such actions as may be necessary to protect the public and make the facility safe. Any costs incurred by the (town] as a result of the director of stormwater management's action shall be assessed against any or all of the owners of property served by said facility who shall be jointly and severally liable for all said costs and whose property shall jointly and severally be subject to a lien for said costs which may be collected as provided in G.S. 160A-193. (Ord. No. 02-521, 9-26-02) Sec. 16-213. Violations, penalties and enforcement. (a) Any of the following violations shall subject the offender to a civil penalty of one hundred dollars ($100.00) for the initial violation and a civil penalty of two hundred dollars ($200.00) for each subsequent violation; or imprisoned for not more than thirty (30) days, or both, at the discretion of the court. Each day that a violation continues after the offender has been notified of the violation shall constitute a separate and distinct offense. • (1) The violation of any provision of this chapter or of any rule or regulation, by whatever name, issued or adopted pursuant to the provisions of this chapter. (2) The failure to comply with the express or implied condition or term of any permit http://library3.mun'lcode.com/default/DoeView/10506/1/102/106 q/ 10/2008 ARTICLE IV. STORMWATER MANAGEMENTORDINANCE* Page 14 of 18 issued or agreement executed pursuant to the provisions of this chapter. is(3) The failure to comply with any order, notice, or directive of the director of stormwater management to stop work or to take corrective action. (4) The failure of the owner of, or any person responsible for the maintenance of, any property served by an existing private on -site stormwater management facility to maintain said facility in proper working order. If the offender fails to pay this penalty within ten (10) days after being cited for a violation, the penalty may be recovered in a civil action in the nature of debt. (b) The town may seek to enforce this chapter or to prevent, restrain, correct or abate violations of this chapter through any appropriate equitable action. (c) The town may seek to enforce this chapter by using any one or any combination of the foregoing remedies. (d) No building permit shall be issued for any building without approval of the storm drainage facilities for the property and buildings by the director of stormwater management. (e) In case of any violation of this ordinance, the director or other appropriate official shall take action to put an end to such violation(s). (Ord. No. 02-521, 9-26-02) Secs. 16-214, 16-215. Reserved. • [DIVISION 7.] STORMWATER SERVICES FEES Sec. 16-216. Reserved. Sec. 16-217. Authority. Pursuant to G.S. Article 16 of Chapter 160A, the Town of Carolina Beach is authorized to create a stormwater utility and establish a schedule of stormwater fees for property in the corporate limits. (Ord. No. 02-521, 9-26-02) Sec. 16-218. Stormwater utility. A stormwater utility is hereby established to provide stormwater management services, as authorized by state law. Stormwater service charges will be determined and modified from time to time so that the total revenues generated by said charges will be used to pay the principal of and interest on the debt incurred for stormwater purposes and such expenses as are reasonably necessary or convenient in the planning, construction, operation and maintenance of the stormwater system. (Ord. No. 02-521, 9-26-02) OSec. 16-219. Service charges, rates and fee schedule. (a) Stormwater service charges shall accrue beginning on October 1, 2002. Stormwater http://library3.municode.com/default/DocView/10506/l/I 02/106 4/10/2008 H.KI iULb i v_ NI UKMWAT.E.K MANAGEMENT ORDINANCE* Page 15 of 18 service charges shall apply to all property within the town limits without regard to ownership, except as set forth in section 16-221. Such charges shall be based on the amount of impervious . surface on each parcel as determined by the equivalent residential unit standard. (b) The town council shall set a base rate for single-family residential uses and charges for non -single family residential uses shall be calculated utilizing the equivalent residential unit. (c) The schedule of rates shall be set forth in the Town of Carolina Beach Fee Schedule. (Ord. No. 02-521, 9-26-02) Sec. 16-220. Exemptions and credits. Except as provided in this section, no public or private property shall be exempt from stormwater service charges or receive a credit against such charges. (1) Only undeveloped land shall be exempt from stormwater service fees. (2) Properties subject to stormwater service fees may be granted credits against the fees in accordance with a credit policy manual developed by the director of stormwater management and referenced in the Town of Carolina Beach Fee Schedule. Any non- singie family residential use that provides measures to mitigate the impacts of run-off on the stormwater system shall be eligible for a maximum credit of forty (40) percent of the service fee. The amount of the credit shall be proportional to the extent the measures address the impacts on peak discharge, total run-off volume and water quality as compared to applicable town, state and federal standards. Water quantity and water quality measures shall each be eligible for twenty (20) percent maximum credit. Any credit allowance shall be conditional on continuing compliance with applicable standards, including requirements for operation and maintenance. Subject to approval in accordance with the credit policy, any credits shall be effective on the date of application therefore. (Ord. No. 02-521, 9-26-02) Sec. 16-221. Billing method, responsible parties. (a) Bills for stormwater service fees shall be sent at regular, periodic intervals. Stormwater service fees may be billed on a combined utility bill that also contains charges for water, sewer and/or refuse service. Stormwater service fees that are shown on a combined utility bill may be for a different service period than that used for water, sewer and/or refuse service. (b) Stormwater service bills for a property that receives water, sewer and/or refuse service may be sent to the customer receiving such service. However, where multiple water and sewer accounts exist for a single parcel, the stormwater service bill will be sent to the property owner unless the property qualifies for per account billing as set forth in subsection (c). (c) Where multiple water and sewer accounts exist for a single parcel, the property owner may apply for per account billing by completing a form provided by the town. The application shall include the proposed division of the stormwater service fee between the water and sewer accounts on the property. The applicant shall provide notice of the application to each affected utility customer. The town shall approve the per account billing for the parcel unless the billing plan (1) will result in a charge of less than one ERU for one or more accounts and/or (2) does not equitably allocate the fees between accounts. (d) Townhouse and condominium developments and other similar properties containing impervious surface in common ownership shall be charged for the total impervious surface of all commonly -owned and individually -owned property within the development. The stormwater http://library3.municode.com/default/DocView/10506/l/102/106 4/10/2008 ARTK;Lt I.V. STURMWATER MANAGEMENT ORDINANCE* Page 16 of 18 service bill shall be sent to the homeowners' association or, upon official request of the association reflecting a vote in accordance with the association's bylaws, may be billed on a per account basis in compliance with subsection (c), (e) The property owner is ultimately responsible for payment of the stormwater service fee for property for which the party billed has not paid the service charge. The approval of per account billing pursuant to subsection (c) does not relieve the owner from liability for stormwater service fees if they are not paid by the party billed. (f) Stormwater fees shall be due and payable simultaneously with any other fees included on the bill. In the event that any user fails to pay the amount due for water, sewer and/or refuse, in accordance with chapters 10 and 12 of this Code, and for stormwater service, in accordance with this chapter, then the town shall have the right to discontinue water, sewer and/or refuse. (g) Payments received by the town will be applied to a customer's bill in the following order: delinquent fees for stormwater, refuse, water, and sewer; and current fees for stormwater, refuse, water, and sewer. (Ord. No. 02-521, 9-26-02) Sec. 16-222. Back billing. Failure to receive a bill is not justification for nonpayment. The owner of each parcel of developed land shall be ultimately obligated to pay such fee. If a customer is under -billed or if no bill is sent for developed land, the town may back bill up to two years. (Ord. No. 02-521, 9-26-02) 0 Sec. 16-223. Complaints regarding a bill. (a) A customer having a grievance or complaint that a bill is excessive must fife written or verbal notice with the Town of Carolina Beach's Billing and Collections Office. If it is determined that the bill is in error, an adjustment will be made accordingly. (b) No adjustment will be made for more than a two-year period. (Ord. No. 02-521, 9-26-02) Sec. 16-224. Appeal. Any customer who believes the provisions of this article have been applied in error may appeal in the following manner: (1) An appeal must be filed in writing with the director of stormwater management or his designee. At the discretion of the director of stormwater management, the appeal shall include information that shows the total property area, the impervious surface area, and any other features or conditions which influence the hydrologic response of the property to rainfall events. (2) A technical review shall be performed to determine the accuracy of the information in the town's impervious surface database. The manager may adjust the fee or credit as long as the adjustment is in conformance with the intent of this article. At the conclusion of the review the manager shall issue a written determination stating whether an adjustment to the service rate is appropriate, and if so the amount of such adjustment. (3) All decisions of the manager shall be served on the customer personally or by http://Iibrary3.Municode.com/defauldDoeView/10506/1/102/106 4/10/2008 AK'14CLE IV. STORMWATER MANAGEMENT ORDINANCE* Page 17 of 18 registered or certified mail. Service shall be based upon the billing address of the customer. (4) The manager may make no adjustment to a customer's bill for more than the two- year period immediately preceding the date that the customer's appeal is received by the manager. (Ord. No. 02-521, 9-26-02) Sec. 16-225. Limitations of responsibility. (a) The town shall be responsible only for the portions of the drainage system which are in town maintained street rights -of -way and permanent storm drainage easements conveyed to and accepted by the town. Repairs and improvements to the drainage system shall be in accordance with established standards, policies, and schedules. (b) The town's acquisition of storm drainage easements and/or the construction or repair by the town of drainage facilities does not constitute a warranty against stormwater hazards, including, but not limited to, erosion, or standing water. (Ord. No. 02-521, 9-26-02) Sec. 16-226. Reserved. [DIVISION 8.] LANDSCAPING AND VEGETATION 0 Sec_ 16-227. Reserved. Sec. 16-228. Purpose. This section is established for the purpose of regulating, controlling, preserving and setting forth methods of continued maintenance assurance of all regulated vegetation located within the municipal limits of the Town of Carolina Beach and, furthermore, establishes authority to regulate and control the degree of impervious surfaces constructed on properties and the placement and configuration of fill soil and material on properties located within such municipality. (Ord. No. 02-521, 9-26-02) Sec. 16-229. Functions. Landscaping and the regulation of placement and arrangement of impervious and fill material accomplishes the following functions: (1) Maintains the visual character of the community. (2) Screens objectionable views within and between uses. (3) Defines functional exterior spaces. (4) Reduces glare into and from the site. (5) Reduces dust and other pollutants suspended in the air. (6) Controls noise and provide acoustical modification into and from the site. http://library3.municode.com/defaulf/DoeView/10506/1/102/106 4/10/2008 AK.FICLE IV. STORMWATER MANAGEMENT ORDINANCE* Page 18 of 18 (7) Influences wind patterns and their effects upon uses. ® (8) Contains odors and minimizes their passage into and from a site. (9) Controls the direction and velocity of surface water run-off. (10) Minimizes soil erosions. (11) Moderates interior and exterior temperature by controlling solar radiation on structures and impervious surfaces. (12) Controls the quantity of impervious surface within a site interior, thus enhancing ground absorption capabilities and controls the placement of fill. soil and materials and reduces the use of public monies for control of increased surface runoff. (13) Maintains the aesthetic quality of property and enhances its value. (14) Offers protection of adjacent properties from increased water runoff and erosion sedimentation infiltration, and (15) Offer protection to adjacent natural resources. (Ord. No. 02-521, 9-26-02) Sec. 16-230. Debris, vegetation waste. Debris from vegetation may be placed in the right -of -away for pick-up, though sand, dirt or grass clippings may not be blown into the streets, which may impede or eventually restrict and or hamper the flow of storm water run off. Grass clippings that are blown into the street are a violation of this •ordinance. Homeowners and landscaping contractors that are in violation of placing and or blown vegetation debris into town streets maybe fined in accordance to section 16-213. It is the responsibility of that homeowner, or contractor to remove the vegetation waste properly. (Ord. No. 02-521, 9-26-02) Sec. 16-231. Permit. Permit required from the director of stormwater management for removal of vegetation, pouring or placement of impervious materials, fill soil or other materials. The removal of vegetation, the pouring or placement of impervious materials, fill soil or other materials in or upon lands located within the jurisdictional limits of the town shall be prohibited unless and until a valid permit has been issued by the director of stormwater management. The fees for such permit shall be that designated in section 4-81 of the Town Codes for such activity. No permits shall be issued by the building inspector unless and until the director of stormwater management determines thatthe proposed activity complies with ail applicable town, state and federal regulations relative to surface and subsurface drainage and run-off and removal of vegetation, the pouring or placement of impervious materials, fill soil, or materials and issues preliminary or final approval certification as applicable. The certification of approval shall ensure that the vegetation removal, the pouring or placement of materials, soil, or other materials shall not increase drainage on run-off into public streets, cause erosion or sedimentation or infiltration into adjacent properties, drainage ways, wetlands, or water and which do not violate town, state, and federal regulations. (Ord. No. 02-521, 9-26-02) s http-//Ilbrary3.rnunicode.com/default/DocView/10506/i/102/106 4/10/2008 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Enviroounenl and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality COVERPAGE DATE: November 16, 2006 TO: Wilmington Star News NUMBER: 910-343-2229 FROM: SARAH YOUNG, DIVISION OF WATER QUALITY SUBJECT: PUBLIC NOTICE PAGES: 3-including this page Please publish only the information (Public Notice) below, ONE TIME in the legal section of your paper by Tuesday, November 21, 2006. Please fax a copy of the proof to me at 919-733-9612 for final approval prior to publication. Within 10 days after publish date, please send the invoice and two copies of the original affidavit to: Sarah Young NCDENR/DWQ Stormwater Permitting 1617 Mail Service Center Raleigh, NC 27699-1617 One AthCarolina ltrunllil Wetlands and Stormwater Branch 1617 Mail Service Center Raleigh, NC 27099-1617 Phone (919) 733-5083 Intemet: h2o.enr.state.nc.us 512 N. Satishury St. Raleigh, NC 27604 FAX (919) 733.9612 An Equal OpportunitylAffirmative Action Employer— 50% Recycled/10% Post Consumer Paper A rF9Q� co -7 � r Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 Alan W. Klimek, P.E. Director Division of Water Quality The Town of Carolina Beach has applied for an NPDES Phase II Stormwater Permit to discharge stormwater from their municipal separate storm sewer system (MS4) located within New Hanover County, to receiving waters, Hennikers Ditch and Cape Fear River, within the Cape Fear River basin. The draft permit.number is NCS000394. The Town of Kure Beach has applied for an NPDES Phase II Stormwater Permit to discharge stormwater from their municipal separate storm sewer system (MS4) located within New Hanover County, to receiving waters, Cape Fear and Atlantic Ocean, within the Cape Fear River basin. The raft permit number is NCS000499. The Town of Wrightsville Beach has applied for an NPDES Phase II Stormwater Permit to discharge stormwater from their municipal separate storm sewer system (MS4) located within New Hanover County, to receiving waters, Howe Creek, the Intracoastal Waterway, Bradley Creek, Hewlett Creek, Lees Cut, Motts Channel, and Banks Channel, within the Cape Fear River Basin. The draft permit number is NCS000445. The City of Wilmington has applied for an NPDES Phase 11 Stormwater Permit to discharge stormwater from their municipal separate storm sewer system (MS4) located within New Hanover County, to receiving waters, Smith Creek, Burnt Mill Creek, Greenfield Creek, Greenfield Lake, Barnards Creek, Howe Creek, the Intracoastal Waterway, Bradley Creek, Hewletts Creek, and Whiskey Creek within the Cape Fear River Basin, The draft permit number is NCS000406. The Town of Leland has applied for an NPDES Phase II Stormwater Permit to discharge stormwater from their municipal separate storm sewer system (MS4) located within Brunswick County, to receiving waters, The Brunswick River, Sturgeon Creek, Mill Creek, Jackey's Creek, Ricefield Creek, Stamper Branch, Black Gum Branch, and Belvedere Branch, within the Cape Fear River basin. The draft permit number is NCS000416. The Town of Navassa has applied for an NPDES Phase II Stormwater Permit to discharge stormwater from their municipal separate storm sewer system (MS4) located within Brunswick County, to receiving waters, Cape Fear River, Sturgeon Creek, Indian Creek, and Cartwheel Branch, within the Cape Fear River Basin. The draft permit number is NCS000518. The Town of Oak Island has applied for an NPDES Phase II Stormwater Permit to discharge stormwater from their municipal separate storm sewer system (MS4) located within Brunswick County, to receiving waters, Davis Canal, Davis Creek, Intercoastal Waterway, Montgomery Slough, Eastern Channel, Denis Creek, Elizabeth River, Atlantic Ocean, and Dutchman Creek Outlet Channel, within the Lumber and Cape Fear River Basin. The draft permit number is NCS000455. N. C. Division of Water Quality 1617 Mail Service Center Raleigh, INC 27699-1617 (919) 733-8053 NC0 CUR Customer Service 1 800 623-7748 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W, Klimek, P.E. Director Division of Water Quality Continuation of Public Notice -Page 2 Persons wishing to comment are invited to submit their comments in writing to the above address no later than December 22, 2006. All comments received prior to that date will be considered in the final determination regarding permit issuance. All comments and requests should reference the corresponding draft permit number. Full applications and stormwater management plans are available for review at the Division of Water Quality's Central office, Archdale Building, 12`h floor, Raleigh, NC, during regular business hours. Copies of the draft permits are available at the following website: http://h2o.enr.state.nc.us/su/publicnotice.htm, or by contacting: Mike Randall NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Telephone Number: (919)-733-5083, extension 545 Mike.randall@ncmail.net j+A WCDENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-8053 Customer Service 1 800 623-7748 Star -News p`'r't �":�ip?-va�r,l�+:' s•r.\It tiG W'SIi �7 LINIi. C17 St 1003 SuuLli 1.7t1t Stvuul: • O13ux "D . WiIiCu9N,C 23A02-O3A0 CI�3-33 4 r-+3-2207Cl 11:Nrtt Pltu9L0"r1Ex: 10 Order: I W002169758 Pubs: 1,15 Rate: L9 Phone: i (919)733-5083 Class: 0001 Charges: $ 0.00 Account: N7335083 Start 11/19/2006 List Price: $ 347.88 Name: Bryant, Carolyn Stop 11/19/2006 Pay- $ 0.00 Caller: j Sarah Inser- 2 Balance: $ 347.88 Taken By: 43 Columns: 1 Lines: 223 Schedule: 11/19 Ix, 11/19 lx, , , i Taken On:. 11/16/2006 PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1fi17 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 Thu Town of Carolina Beach has applied for an NPDES Phase II Stormwater Permit to discharge stormwater from Shelf municipal superete storm sower system IM,94) located withln NOW Hanover County, to recaN- Ing waters, Hennikors Ditch and Cape Fear River, within the Cape Faar River basin. The draft permit number Is NCS000394. The Town of Kure Beach has applied for an NPDES Phase II Sloemwalor Permit to discharge rm stowater from their municlpal separate storm sower system (MS4) located within Now Hanover County, to receiving waters, Cape Fear and Atlantic Ocean, within the Cape Fear River basin. The raft permit number is NCS0004W The Town of Wrightsville Beach has apptied for an NPOES Phase II Stermwator Permit to discharge stormwater from their municipal separate storm sewer system (MS4) located withln Now Hanover County, to receiv- Ing waters, Howe Croak, the In- trocoastal Waterway, Bradley Creek, Hewlett Creek, Laos Cut, Matta Channel, and Banks Channel, within the Cape Fear River Basin. The draft permit number is NCS000445. Thu City of Wilmington has ap- plied for an NPDES Phase II Slurmwater Permit to discharge atormwater from their municipal separate storm sewer system (MS4) located withln Now Hanover County, to receiving waters, Smith Greek, Burnt Mill Crack. Greenfield Greek, Grainfield Lake, Barnards Crank, Howe Croak, the Intra- coastal Waterway, Bradley Creek, Howletts Creek, and Whiskey Crook within the Cape Four River Basin. The draft permit number Is NCS000406. The Town of Leland has applied for an NPDES Phase II Sturm - water Permit to discharge stormwater from their municipal separate storm sewer system (MS4) located within Brunswick County, to receiving waters, The Brunswick River, Sturgeon Crook, Mill Creek, Jackey's Crook, Rlcefield Creak, Stamper Branch, Black Gum Branch, and Belvedere Branch, within the Cape Fear River ba- sin. The draft permit number is NCS000418. The Torn at Navasaa has ap- plied for an NPDES Phase II Stormwaler Permit to discharge stormwater from their municipal separate storm sewer system (M54) located wlthin Brunswick County, to receiving waters, Cape Fear River, Sturgeon Crook, Indian Creek, and Can - wheal Branch, withln the Cape Fear River Basin. The draft permit number is NGS000518. The Town o1 Oak Island has applied for an NPDES Phase II Stormwaler Permit to discharge stormwater from their municipal separate storm sewer system (MS4) located within Brunswick County, to raceiving waters, Davia canal, Il Crack, In- torcoastal Waterway, Mont- gomory Slough, Eastern Chan- nol, Denis Croak, Elizabeth River, Atlantic Ocean, and Dutchman Crack Outlet Chan- nel, within the Lumber and Cape Fear River Basin. The draft permit number Is NCS000455. Persons wishing to comment are lnvitid to submit their comments In writing to the above address no later than December 22, 2006. All com- marts received prior to that date will be considered In the final determination regarding permit Issuance. All comments and ruquesis should reference the corresponding draft permit number. Full applications and stormwa- ter managomant plans are available for review at the Dl sion of Water Quality's Central office, Archdale Building, 12th floor, Raleigh, NC, during regu- lar business hours, Copies of the draft permits are available at the fallowing webs0e: Intl enrstate .no usfsufpublic noticablm, a by contacting: Mike Randall NC Division of Water Quality 1617 Mail Servlce Center Rale h, NC 27699-1617 Telep one Number. (91g)-733- 5083, aidension 545 Mike.r"all@ore;A.net Attention: Fax: This is a final proof. If any information is incorrect, please contact your sales representative prior to the deadline of the first in- sertion. Otherwise your order is accepted as having been approved. n� AFFIDAVIT OF PUBLICATION STATE OF NORTH CAROLINA ':COUNTY OF NEW HANOVER r, yr yfj Before the undersigned, a Notary Public of Said County and State, Pt1BL1C NOTIGI y t{ ,.. STATE OE tI ° i� i. ! it r NORTH CAROLINA ; W, ENVIRONMENTAL;, r (HANAGEMI NTr� �? T Weil-Tallmadge s �� 5 €i -COMM15514Nt' Ell i Who, being duly sworn_ or affirmed, according to the law, says that he/she is 1 l; En1iTER'RMAILISE ALEIGH, NIOR H '.. il�+CROyINA' 27699{1617Kd They1Town , ' CLASSIFIED ADVERTISING MANAGER 9f�jCarolma' Beach!has pppliedtfpQani ' ?NPDES`Phase il;.5fotrnwa( ter4( Permrt,yto }discharge' ' of THE STAR -NEWS, 'a corporation organized and doing business under the Laws of the State of 'stormwate ;41`r6m'etheiri municipal'separate storm' North Carolina, and publishing a.newspaper known as STAR -NEWS in.the City of Wilmington sewer zsystemu: Cated witliIn; evi1_Hano `5 ver;f ounty;�to _reeeivingi uvatcrs`s""_NennikerSDitchh; PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT and11 Cape�nFearlRiver,a COMMISSION 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-16I7 wittiinL-'+the; ?1 —p AFear' River :tiasink;*A"draft The Town of Carolina Beach has applied for an NPDES Phase II Storm water Permit to permit'-:_;; Inumber,j tra discharge storntwater from their munici ' was inserted in the aforesaid newspaper in space, and on dates as follows: WK- ,rhe;,rown;;oftwnyhtsv�uee And at the time of such publication Star -News was a newspaper meeting all the requirements and GBeach has'applied;fv_r,',a� li ications rescribed b 5ec. No. 1-597 G.S. of N.C. NPDES¢P,tiaseI,lirStormwa;"� qua p y Uer. TPermit, toxdischarg'etr stoPJ.,rr�(frat ytheir' }municipal;separate"stamiq sewer;system E(M54},'I 4Cate[f withWlNew�pHano? twat ve •rs tFloywe C eek'J,t. Title: CLASSIFIED�IDVER. MGR {Intracoastale"waterway,; ' N BmdIe Sworn or affirmed to, and subscribed�before me this �� dayof dsCreek;,€Hewlett: _ , --_ Creek;Y Cees Cut, °,MottS' N QV. A.D. - - - tChannel;F ,andl,4,,y'Banks, ° , `�tt�tutitjt +.Channel.;within the Capel�/ Fear: j Rrver,. �Basin::4:F?hei In Testimony Whereof, I have hereunto set my hand and affixed my1�t( seal, >;�and '"drafts,, erinit•:numberf'isk Wi p year aforesaid. •► NC5000445: �'�;z^yiz<.., �t�• y /' The Cityty gof.yWiliniriggton'" _,� o has,applied for'an NPDES r"', ,Phase 116tormwateOPer-`_ ' ,mitt}toIdischarge)storm`r� - otary ubl, }water-.froinftherrimunici=`' A pakseparate'storni-,sewer + I, �+ 1 isystem ,New'.)';�located'I L' Ji. y T : ,� " S L11•% �wrthinr`a,".,Newt',s:.HanOder' Mj+commission expires y�da Of �iis 20-Q-� Counttyy kto'; receiving,';wa-, lters�•5"mith'"Creele!%Btii'nt,i yr��i � �+��` °Mill •�:� Greek; �'#rG reenfi eld 7 !Creek;f5Greenfield'1L•ake ��p/rsiun�s�pN,, 'Howell Barnardsz-7Creek 1r Creek;l;tlie.w,Intraco "'.koregoing affidavit with the advertisement thereto annexed it is adjudged by the Court that the said publi waterway, Bradley ;,Creekl,perly made and that the summons has been duly and legally served on the defendant(s). iHewletts j Creek,:$f and i fWh(skeyy�Creek:within Ahe' Cape II,Fe"ar�YRiver;i Basin:-; This aThe'draftdoermitrtnurnherr ' �Thei:+rowri�,of.Celarid�Fias�� iapplied'-it6r .'Ian�NPDES', JP ase'IliStormwaterePer;' � ' mit` to'idlscharge storm ;waterlfrom":therr-munlcl- 1 IT U pal:separate"stor` 'wer; system(M54}(tliicated'. ►withinBrunswickCourity; NOV J O to„ receiving4waters;i,The, Brunswicke-O.River, VStur=: qckey'sreek Mill ,Creek;` f ackey'sR Creek.;" Ricefleld Creek (Stampper#Branch DENR - WATg QUALITY ' Blacb'Guml.Branch;:,ana. :Belvederer,Branch:^ ithW f1�g & St0{rr 8tOr Blanch • '',.;', the,',CapeeFear'River"tia :. �Sin:'�;r'�T eFt��"ipermitr ;number:ls.NC_Sftnnaiai:ia. Court 5., This STORMWAT M AGI PROGRAM REPORT B EACH r X wl d eh, 4 �:.;D f 4. v.�C'•u u•.d6i ,Lr�IV�aA. 'y�'3'f I.avh- '� r *rJ«•} .�+ky,, r•. 'N 4 ..s , y,•.�T... - 4A01 • 1,�k •��gA1i�r�''4� 1`� 719C Pt��1 �^'+5 a� ryly� '. " r r�'p�.%• is tiff' 'Y iaG'5'. �hyaw n F i •�54- • - ujY } h"•F 'l i+� r f '�''4y'i".1k '`�"�; w `� f u •c f " * t �,n4 yy5 T�I��,. �' •�F{f 1'4 n. � �,. �r9 x `R�,�t` � 't �1 y -k°, yr' ��+�`_�I'�.,h% . ' ".°��a'"oy°�t�L�}��#:'� �4W �'=µ� �Ky .. �•q kH ♦ 1 r �il' Li'1'yel�-T� ° - •- .. - ,k ;1.�.P��{'+2,'g.��,��.� , ' 'aii. ,F s�; "'�s�taisv„` a } .•s .. 's w ., � �' lj.,..c: F- i.: ' , aY�RF""'4S' 'J 404-r�.rr1•.'5,. • � , Sa n�.. •�` `l'S"� ' r. �`s..S _r' w.^� � ` r �� . rvi cb ' .,# _ - . - - r��`1�0^ �h:t' �. >i;�i. taS.$`L�,it� rY''y �, wc� r: .. a:... F �� �A' •w - - . �,ti �Y,t '� ,� ''r 5 {,` ,.� � ,,, at:,','jj�''.I�s•''�::', SM6 ,�.: '.`4 t ,• fr 5. i t d_ ..�y... h rpf, y} ` uY- ' Pi°j9 •. $�h'• .r• � a-^ s�'ia •_ �.�� gi V'��� 4"�M'�+$ ai . }�t>�' rn ' �n y •�' � � `,M �'�` r«, �~r�' R-. 1�;4{ 4h "���;'�q; e�,..a � �p5�"Ta �ki �'�h��a .fir ."�,,, ••k,3', '" "'S. �}`' . Narrative Application Supplement to SW264-103102 • ' NPDt S Sturmwater Permit Application Form February 26, 2603 : , State of North Carolina Department of Environment & Natural Resources Division of Water Quality OFFIC USE ONLY Date Rec'd '2.-24�Lta3 Fee Paid ,.y.qp Permit Number ;-)-I NPDES STORMWATER PERMIT APPLICATION_ FORM This application form is for use.by public bodies seeking NPDES stormwater permit coverage for Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete package includes this form and three copies of the narrative documentation required in Sectio This application form, completed in accordance with Instructions for completing NPDESSm Permit Application (SWU-270) and the accompanying narrative documentation, completed in u Instructions for Preparing the Comprehensive 5tormwater Management Program Repp (SIN--� required for the application package to be considered a complete application submi In mp submittals may be returned to the applicant. I. APPLICANT STATUS INFORMATION ulated Public ation �i form. ^meter are tl►� .2 a. Name of Public Entity Seeking Permit Coverage Carolina Beach P9y�ily. b. Ownership Status (federal, state or local Public c. Type of Public Entity (city, town, county, prison, school, etc. Town d. Federal Standard Industrial Classification Code SIC 91 - 97 e. County(s) New Hanover f. Jurisdictional Area (square miles 2.5 g. Population Permanent 5,225 Seasonal (if available) 43,503 h. Ten-year Growth Rate 9.36% i. Located on Indian Lands? ❑ Yes 0 No II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area (square miles 2.5 b. River Basin(s) Cape Fear c. Number of Primary Receiving Streams 1 d. Estimated rcenta a of jurisdictional area containing the following four land use activities: • Residential 70 % • Commercial 20 % • Industrial 0 % • Open Space 10 % Total = 100% e. Are there significant water quality issues listed in the attached application report? ❑ Yes N No Page 1 ' y I r ,f I � 1 • y IN NPDES RPE Stormwater Permit Application III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ❑ Yes No b. Local Water Supply Watershed Program ❑ Yes No c. Delegated Erosion and Sediment Control Program I ❑ Yes No d. CAMA Land Use Plan N Yes ❑ No IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to co -permit with ❑ Yes E No apermitted Phase I entity? b. If so, provide the name and permit number of that entity: • Name of Phase I M54 NPDES Permit Number c. Do you intend to co -permit ❑ Yes E No with another Phase II entity? d. If so, provide the name(s) of the entity: e. Have legal agreements been finalized between the co- ❑ Yes ❑ No rmittees? V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS (If more than one, attach additional sheets) a. Do you intend that another entity perform one or more of our permit obligations? ® Yes ❑ No b. If yes, identify each entity and the element they will be implementing • Name of Entity NCDENR Division of Land Quality & Division of Water Quality • Element they will implement State Erosion and Sediment Control Program and NPDES Stormwater Permit NCG01 for Construction Activities • Contact Person Mel Nevils and Bradley Bennet, respectively • Contact Address 512 N. Salisbury Street, Raleigh, NC 27604 • Contact Telephone Number (919) 733-3833 (919)733-5083 c. Are legal agreements in place to establish responsibilities? Yes ❑ No VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. a. Name of person to which permit authority has been delegated Steve Pa le b. Title/position of person above Director, Public utilities c. Documentation of board action delegating permit authority to this person/position must be provided in the attached application report. Paw 2 NPDES RPE Stormwater Permit Application VII. SIGNING OFFICIAL'S STATEMENT Please see the application instructions to determine who has signatory authority for this permit application. If authority for the NPDES stormwater permit has been appropriately delegated through board action and documented in this permit application, the person/position listed in Section VI above may sign the official statement below. I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel 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. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. Signature Name Steve Pagley Title Director, Public Utlities Street Address 1121 N. Lake Park Blvd PO Box City Carolina Beach State NC Zip 28428 Telephone (910) 458- 8291 Fax E-Mail VIII, MS4 CONTACT INFORMATION Provide the following information for the person/position that will be responsible for day to day implementation and oversight of the stormwater program. a. Name of Contact Person o be hired July 1, 2003 with the new Storm Water Nlana emen )Division under Public Uti0 until then Utilities Director b. Title Supt. Of Stormwater c. Street Address 1121 N. Lake Park Blvd. d. PO Box e. City Carolina Beach f. State North Carolina g. Zip 28428 h. Telephone Number 910-458-8291 L Fax Number 910-458-2528 j. E-Mail Address Spagley584@yahoo.com Paae 3 NPDES RPE Stormwater Permit Application IX. PERMITS AND CONSTRUCTION APPROVALS List permits or construction approvals received or applied for under the following programs. Include contact name if different than the person listed in Item VIII. If further space needed, attach additional sheets. a. RCRA Hazardous Waste N/A Management Program N/A b. UIC program under SDWA c. NPDES Wastewater Discharge NCO023256 Permit Number d. Prevention of Significant N/A Deterioration (PSD) Program N/A e. Non Attainment Program f. National Emission Standards for N/A Hazardous Pollutants (NESHAPS) reconstruction approval g. Ocean dumping permits under the N/A Marine Protection Research and Sanctuaries Act h. Dredge or fill permits under Applied. Dredging in the marina section 404 of CWA X. 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. STORM SEWER SYSTEM INFORMATION 1.1. Population Served 1.2. Growth Rate 1.3. Jurisdictional and MS4 Service Areas 1.4. MS4 Conveyance System 1.5. Land Use Composition Estimates 1.6. Estimate Methodology 1.7. TMDL Identification 2. RECEIVING STREAMS TABLE OF CONTENTS Paqe 4 NPDES RPE Stormwater Permit Application 3. EXISTING WATER QUALITY PROGRAMS 3.1. Local Programs 3.2. State programs 4. PERMITTING INFORMATION 4.1. Responsible Party Contact List 4.2. Organizational Chart 4.3. Signing Official 4.4. Duly Authorized Representative 5. Co -Permitting Information (if applicable) 5.1. Co-Permittees 5.2. Legal Agreements 5.3. Responsible Parties 6. Reliance on Other Government Entity 6.1. Name of Entity 6.2. Measure Implemented 6.3. Contact Information 6.4. Legal Agreements 7. STORMWATER MANAGEMENT PROGRAM 7.1. Public Education and Outreach on Storm Water Impacts 7.2. Public Involvement and Participation 7.3. Illicit Discharge Detection and Elimination 7.4. Construction Site Stormwater Runoff Control 7.5. Post -Construction Storm Water Management in New Development and Redevelopment 7.6. Pollution Prevention/Good Housekeeping for Municipal Operations Pane 5 I' L��^. ?�%[/ � �- (�' �-� f, � � -, ,- -.� � _ r� �� - �: .......� LI Stormwater Management Program Report Carolina Beach, NC r� Narrative Application Supplement to SWU-264-103102 NPDES Stormwater Permit Application Form February 25, 2003 to 9 Table of Contents 1. STORM SEWER SYSTEM INFORMATION............................................................................ l 1.1 Population Served.................................................................................................................1 1.2 Growth Rate ................................................. ....................................................................... ..I 1.3 Jurisdictional Area................................................................................................................1 1.4 MS4 Conveyance System......................................................................................................1 1.5 Land Use Composition Estimates.........................................................................................2 1.6 Methodology used to calculate land use percentages............................................................2 1.7. TMDL Identification.. ... . ............................................................................................... .......2 2. RECEIVING STREAMS...........................................................................................................3 2.1 Major River Basin................................................................................................................3 2.2 Primary Receiving Streams..................................................................................................3 2.3 Significant Water Quality Issues..........................................................................................3 2.4 Discharge to Seas.................................................................................................................3 3. EXISTING WATER QUALITY PROGRAMS..........................................................................4 3.1 Local Water Quality Programs.............................................................................................4 ................................................................ 3.2 State Programs.....................................................4 4. PERMITTING INFORMATION...............................................................................................5 4.1 Responsible Party Contact List.............................................................................................5 4.2 Organizational Chart ............................................................................................................ 5 4.3 Signing Official....................................................................................................................5 4.4 Delegation of Authority........................................................................................................5 5. CO -PERMITTING INFORMATION - Not Applicable.............................................................6 6. RELIANCE ON OTHER GOVERNMENT ENTITY................................................................7 6.1 Other Entity.....................................................................................................................7 6.2 Element they will implement................................................................................................7 6.3 Contact Person.................................................................................. ............................7 6.4 Legal Agreements .................... ........................................................................................... . 7 7. STORMWATER MANAGEMENT PLAN................................................................................8 7.1 Public Education and Outreach on Stormwater Impacts........................................................8 7.2 Public Involvement and Participation Program.....................................................................8 7.3 Illicit Discharge Detection and Elimination: Storm Sewer System Map................................8 7.4 Construction Site Stormwater Runoff Control....................................................................1 1 7.5 Post Construction Stormwater Management .......................... 2 7.6 Pollution Prevention/Good Housekeeping for Municipal Operations..................................14 Appendix A: Organizational Chart Appendix B: BMP Summary Tables Appendix C: Signature Authority 0 L_J .0 • 1. STORM SEWER SYSTEM INFORMATION 1.1 Population Served -Permanent: 5,225 -Basis of Population statistic: Aug. 8, 2002 -Seasonal: 43,503 Report from State Demographer Office, -Method used to create seasonal estimates: 1,790 Vacant Units (rentals) x by census for household values x seasonal rental 9.36 1.2 Growth Rate 9.36% 1.3 Jurisdictional Area 2.5 square miles 1.3.a Latitude of Center of M34 Service Area: 34 degrees. 02' 31" Longitude of Center of MS4 Service Area: 77 degrees 53' 36" 1.3.b Storm Sewer Service Area (square miles): 2.5 1.4 MS4 Conveyance System Describe your system, in narrative, identifying use of pipe, open channels, etc. to give a general feel for how the system performs and the general condition of the streams and other water bodies receiving runoff. Carolina Beach's drainage system consists of a variety of different types of conveyances ranging from catch basins and piping to open ditches. These eventually drain to the Cape Fear River at Snow's Cut. 1.4.a MS4 maintenance activities Piping - Inspected, minor cleaning and repair on an as needed basis. Open ditches - Mow and clean annually. 1.4.b Maintenance-FTE How many full time equivalent positions are used to provide maintenance services, annually? . 5-full time maintenance; 1-superintendent 1.4.c Inspection frequency Row often is the system inspected for maintenance problems? Yearly 1.4.d Structure cleaning Do you clean catch basins, pipes, and other man-made structures? : Yes 1.4.e Cleaning frequency What is the frequency of cleaning and the method used? Annually - Vac Truck 1.4.f Annual budget What is the annual budget for maintenance activities? $175,000.00 1.5 Land Use Composition Estimates Estimated percentage of jurisdictional area containing the following four land use activities: Residential: 70 % Commercial: 20 % Industrial: 0 $ Open Space: 10 % 1.6 Methodology used to calculate land use percentages Measure impervious soil of each parcel; divide total square footage of impervious soil by 2000 (1 ERU = 2000 SF) 1.7. TMDL Identification Do you discharge to a TMDL controlled water body? No 2 0 2. RECEIVING STREAMS 2.1 Major River Basin Cape Fear 2.2 primary Receiving Streams Receiving Stream Name: Cape Fear Stream Segment: Hennikers Ditch Water Quality Classification: SA;HQW Use Support Rating: N/A Water Quality Issues: Not at this time 2.3 Significant Water Quality Issues Are there significant water quality issues detailed in the attached application report? No A2.4 Discharge to Seas Do you discharge to territorial seas, oceans or within the contiguous zone? Yes 3 .0 3. EXISTING WATER QUALITY PROGRAMS 0 0 3.1 Local Water Quality Programs The Coastal Area Management Act (CAMA), 1974, requires the establishment of a cooperative program of coastal land management between local government and the State of North Carolina for preparing, adopting and enforcing local land use plans. CAMA requires that local governments within the 20 coastal counties prepare land use plans that provide for the protection, preservation, orderly development and management of the coastal area of North Carolina. 3.2 State Programs The following State programs are implemented in the Carolina Beach jurisdictional area; State Stormwater Management Program, Erosion and Sediment Control Program, LAMA. 4 E J • 4. PERMITTING INFORMATION 4.1 Responsible Party Contact List Director of Public Utilities, Steve Pagley, (910) 458-8291 Supt. 0f Stormwater Management, to be hired July 1, 2003 4.2 Organizational Chart Appendix A 4.3 Signing Official Name: Steve Pagley Title: Director, Public Utilities Street Address: 1121 N Lake Park Blvd City: Carolina Beach State: NC Zip: 28428 Telephone: (910)-458-8291 4.4 Delegation of Authority N/A 4.4.a Documentation Is documentation of board action delegating permit authority to this person/position provided is the attached application report? N/A 6. RELIANCE ON OTHER GOVERNMENT ENTITY 6.1 Other Entity Do you intend that another entity perform one or more of youx permit obligations? Yes If yes, identify each entity and the element they will be implementing: Name of Entity: NCDENR Division of Land Quality and NCDENR Division of Water Quality 6.2 Element they will implement State Erosion and Sediment Control Program and NPDES Stormwater Permit NCG01 for Construction Activities, respectively 6.3 Contact Person Mel Nevils and Bradley Bennett, respectively Contact Address: 512 N. Salisbury Street, Raleigh, NC 27604 aContact Telephone Number: (919)733-3833 (919) 733-5083 6.4 Legal Agreements Are legal agre -ts in place to establish responsibilities? Yes, an Erosion and Sediment Control Plan approval and an NPDES general stormwater permit for construction activities are required by state and federal law prior to construction of any site of 1 acre or more. 7 • e • 7. STORMWATER MANAGEMENT PLAN 7.1 Public Education and Outreach on Stormwater Impacts What pollutant sources) are you trying to address and why? List the targeted pollutants and give a brief explanation as to why these are selected. Fecal. Coliform from pet waste and malfunctioning septic systems since stormwater drains to SA waters. Nutrients from lawn and garden care activities and Toxics, etc. from illicit discharges since the Cape Fear River is HQW. Write a narrative description of the approach you are going to take in your outreach program. Target various public sectors, including school children, businesses and citizens, through educational campaigns to inform citizens on illicit discharges, reporting, improper waste disposal, sources of nutrient and fecal coliform loading and actions they can take to minimize the pollutants. Local police and fire personnel will be educated in illicit discharge detection, reporting and spill response. Fliers, bill inserts, newspaper ads and TV public service announcements will be utilized to inform the public. Decision Process: describe the decision process used to create this program element. The stormwater management committee that was appointed by the Town Council recognized the need for a stormwater education program to inform citizens about the impacts of polluted runoff on local waterways and to help citizens understand the need for the newly established program. 7.2 Public Involvement and Participation Program Are you going to comply with the public hearing requirement to meet this minizm= control measure? Yes, the State's public notice of the draft NPDES stormwater permit will serve as the required public involvement. There is no local requirement to involve the public or hold a hearing on the NPDES permit application. Describe the Public Notice Process including the name and title of the person responsible for compliance. The public may comment on the draft NPDES stormwater permit during the State's public notice comment period. Carolina Beach is dedicated to meeting the intent of the State and Federal NPDES requirements. 7.3 Illicit Discharge Detection and Elimination: Storm Sewer System Map H 7.3.1 Storm sewer system map Describe how you are going to complete a storm sewer system map of outfall locations. (What sources of information will you use? What form will the map take (digital, paper map)? What method will you use to verify the accuracy of the locations? Will you do field vierification and if so, will you use any specific technology? How will you update the map, once data collection begins? Who will keep the map current? Where will the map be located within the organization for the public to view or review if desired? - The storm sewer system outfalls will be mapped using GIS. An independent engineering firm will be contracted to perform the field survey and mapping services. - There is a full time GIS Analyst position for Stormwater; to be hired NLT July 1, 2003. This individual will update and keep maps current. 7.3.2 Regulatory Mechanism Do you have an ordinance in place that prohibits non-sto2mozater from your drainage system? Yes. This ordinance will be amended to addresses illegal dumping or illicit connections to the drainage system, define what is allowable in the storm drainage system, describe enforcement actions, and give right of entry on to private property to inspect and/or remove an illicit connection. SDoes it also address illegal dumping or illicit connections to the drainage system? Does it define what is allowable in the storm drainage system? Does it describe enforcement actions? Does it give you right of entry on to private property to inspect and/or remove an illicit connection? If you answer no to any of the above detailed questions, you need to update your ordinance and include those pieces that are missing. LJ This ordinance will be amended to addresses illegal dumping or illicit connections to the drainage system, define what is allowable in the storm drainage system, describe enforcement actions, and give right of entry on to private property to inspect and/or remove an illicit connection. 7.3.3 Enforcement Actions Describe the methodology you will use to take enforcement actions needed when you find an illicit connection. Include the process you will follow if different from the method of adopting or amending your current ordinance. Illicit discharge enforcement is a four -step process consisting of: - Inform the violator. - Give violator time to repair or remove. - Assess civil penalties and fines. - Town will correct the problem and bill the offender. 9 • 7.3.4 Detection and Elimination Describe the plan you are going to follow to find and eliminate illicit connections. Address spills and illegal dumping controls as well. Include procedures for locating high priority areas in the cr?T+mmnT ty; procedures for tracing the source of an illicit connection; procedures for removing the discharge and procedures for program evaluation and assessment. Illicit connections will be identified through annual storm sewer system inspections. Water quality sampling will be performed at discharge points where dry weather flows are found if an obvious source cannot be determined through observation. Identified illicit discharges will to tracked and periodically evaluated through the NPDES annual reporting process. Spills will be reported to appropriate local authorities and local police and fire personnel will be trained in illicit discharge detection and spill response. How will you find illicit connections? Illicit connections will be identified through annual storm sewer system inspections. How will you address spills, within your own operation and within the cCM=a i ty? Spills will be reported to appropriate local authorities and local police and fire personnel will be trained in illicit discharge detection and spill response. How will you eliminate an illicit connection or discharge? Not Available, our ordinance states that we notify the party responsible for the illicit discharge, with a certain number of days. If not done in the time allowed, the party is subject to criminal fines. The Town then goes in a will do the removal of the illicit discharge and charge the responsible party How will you evaluate your program and make changes over time? Not Available, we have left our existing appointed stormwater committee in place to meet quarterly. 7.3.5 Non stormwater Discharges How will the following discharges be categorized: Illicit or Allowable 1. Water line flushing: Allowable 2. Landscape irrigation: Allowable 3. Diverted stream flows: Illicit 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; Illicit 10. Irrigation water: Allowable 11. Springs: Allowable 12. Water from crawl space pumps: Illicit 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: Illicit 18. Street wash water: Allowable Axe there other incidental discharges that you will define as NON- STORMWATER and ILLICIT for purposes within your community? if yes, describe them and how you will address them in your program. Yes. Sanitary Sewer. Will clean up the sewer overflow. 7.3.6 Public outreach How will you inform the public and your employees about the hazards of illicit connections and illegal dumping? This activity should be coordinated with your Public Education Program and your Good Housing Keeping Program. Public Service announcement will be broadcasted over TV and printed in the local newspapers. 7.3.7 Program Approach Describe how you developed your program approach to illicit discharge elimination. How did you choose your ENlPs and your measurable goals? Followed the minimum requirements in the Federal NPDES regulations. 7.3.8 Measurable Goals Explain how you will evaluate the success of your program. What are the measurable goals for each B14P? See BMP Summary Table. 7.4 Construction Site Stormwater Runoff Control 7.4.1 State Sediment and Erosion Control Program Are you going to use the State Sediment and Erosion Control program to comply with this miniw�� control measure? Yes If yes, who is responsible for the program in your community? NCDENR Division of Land Quality. • The NCDENR Division of Water Quality general permit for construction activities (NCGOI) will also be relied upon to meet the balance of the • federal NPDES Phase II requirements for construction site stormwater runoff controls such as proper waste disposal, etc. 7.4.2 Contact Information 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. Mel Nevils and Bradley Bennett, respectively 512 N. Salisbury Street, Raleigh, NC 27604 (919)-733-3B33 (919)-733--5083, respectively 7.5 Post Construction Stormwater Management 7.5.1 Stormwater Management Permits Do you currently have development standards that address stormwater management on new or redevelopment projects that disturb more than one acre of property? Yes, The Town of Carolina Beach's Ordinance entitled Storm Water Management adopted in 2002 is the primary regulation governing stormwater • in the town. Are your standards in an ordinance or other regulatory format that requires plan reviews, long-temn maintenance, and use of EMPs for water quality controls? YES Describe current program and how it meets the requirements of the Permit. How does it address non-structural controls? The ordinance requires plan reviews, long-term maintenance and use of BMPs for water quality controls for new and redevelopment projects of 1 acre or more. The Town's stormwater program requires on -site detention of storm water for the 10-year storm event. In addition to controlling the quality of storm water, projects are also required to meet State guidelines for water quality under the State Stormwater Management Program. Plans for the new development are submitted for review and approval. to Zoning and Planning and then Public Utilities. New construction plans and any existing construction plans that exceed 50% of the existing site will go through the technical review process with appropriate staff members, i.e. Utility director, Stormwater manager, Utility Superintendent. How does it address structural controls? Structural controls may include wet detention ponds, dry ponds, and infiltration. 12 • Of all your current practices and strategies, list the ones that will be used as on -going BMPs under this permit. Evaluate the run-off of the overflow structures, check landscaping plants and test water quality for enhancing structures owned by the community to add water quality controls. 7.5.2 Maintenance Program Maintenance crews will be working on the stormwater system daily, i.e. cleaning ditches of debris, cleaning pipes of debris. Inspection of structures will be completed on an annual schedule. 7.5.3 Fecal Coliform Program Once detected to eliminate immediately. 7.5.4 SA Waters Program We measure and monitor daily from our effluent at the sewer plant, and in conjunction with the Cape Fear River keeper, who monitors the surrounding waters 7.5.5 Non -Structural BMPS See 7.5.1 7.5.10 Structural BMPs See 7.5.1 7.5.11 Regulatory Mechanism Do you have a regulatory mechanism to address post -construction controls for water quality? YES- The Town Ordinance; Section 16-198 "Design and Construction of stormwater Management Measures" 7.5.12 Operation and Maintenance Describe how you will ensure long term operation and maintenance of BMPs. The Town of Carolina Beach has put in place a full time stormwater • Management division that will start up on July 1, 2003. Town now has a adopted ordinance, with development fees, and monthly user fees in which to generate revenue needed to fund the division 13 • 7.5.9 Decision Process Describe the process you followed in determining your plan of action for this miniimmn control measure. BMP's and 'Town ordinance What are your priority areas? At this time existing system What conditions exist in your comma ty that are unique or require tailored ems? Being a coastal community, Cape Fear River on one side and the Atlantic Ocean on the other side. 7.6 Pollution Prevention/Good Housekeeping for Municipal operations 7.6.1 Affected Operations What are you currently doing that could be considered as MW strategies under the Permit? List measures and check to indicate that you are going to use these to comply with the permit requirements. The installation of one new retention pond in the last year, to control stormrwater run off List the municipal operations that will be impacted by this measure.The Public Utilities Department will be impacted with this new measure, by Othe adding of the -new division 7.6.2 Municipal Industrial Facilities List the municipal operations that must have a separate Industrial NPDES permit. The following municipal operations may require a separate Industrial NPDES stormwater permit. These facilities will be evaluated for subjectivity and a Notice of Intent will be filed prior to March 10, 2003 if a permit is required. - Wastewater treatment plant - Vehicle maintenance facility - Public Works Facility - Marina 7.6.3 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? Implement maintenance activities; cleaning of ditches and pipes of all debris during normal maintenance. 0 14 • 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? Implement controls for reducing or eliminating the discharge of pollutants into the system according to: Town Ordinance; Section 16-209 "Inspection and Enforcements". 7.6.4 Vehicular Operations 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? Will begin working on improving our plan. At this time we do not operate waste transfer station, salt storage or snow disposal areas. Town -owned parking lots are maintained by town crews. Debris is collected and removed weekly. As for lawn maintenance, grass catchers will be installed on equipment to collect clippings. 7.6.5 Waste Disposal 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? The Town will adopt procedures for proper disposal of waste removed from the storm sewer system. 7.6.6 Flood Management Projects 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 youx permit? Capital Improvement Projects targeted to reduce flooding problems will be evaluated for potential incorporation of water quality controls. 7.6.7 Decision Process Describe how you developed your pollution prevention plan for this permit. What important factors did you consider? The pollution prevention plan for this permit was developed based on required BMPs. Additional controls that can be taken to prevent pollutants from entering system will be considered. 15 • 0 GIS Operator (Vacant) ORGANIZATIONAL CHART PUBLIC UTILITIES Public Utilities Director Sieve Pagley I -- - - Superintendent of Water and Sewer (Gene Gurganious) Admin. Secretary (Powell, P.) Billing & Collection (Trott, S.) Wastewater Treatment WM6 Dist. /Prod. Wastewater Collection ] Utility Maint. Tech. Utility Maint. Tech. Wastewater Treatment Superintendent (Bedgood, R.) (Parker, C.) (Lizak, B.) Chief Water Plant Op. Utility Service Worker (Sandy) (Vacant) Wastewater Plant Op. III (Raymond, W.) Lab. Tech (Anderson, K.) Wastewater Operator I (Lee, B.) Wastewater Plant Worker (Lewis, K.) Wastewater Plant Worker (Crofton, M.) Utility Service Worker (Sullivan, J.) Storm Water Superintendent of Stormwater (Vacant) I Equipment Operator 11 (Thompson, D.) Equipment Op. 1 (S(anberry, B.) Stormwater Scmice Worker (Banks, J) (Vacant) (Vacant) Equip. Op. HI (K inley, B.) Utility Service Worker (Brewer, W.) (Fowler, M.) (Ourts B.) (Schkowski, N.) (McFadden, M.) 0 1. BMP's and Measurable Goals for Public Education and Outreach BMP Measurable Goals YR YR YR. YR YR Responsible Position/Party 1 2 3 4 S i Distribute quarterly newsletter Distribute quarterly stormwater newsletter through local X X X X Stormwater Superintendent newspaper and event displays. Include one article in each newsletter that targets a specific stormwater problem and how citizens and businesses can reduce their impacts. 2 Citizen Outreach Program Develop and conduct an educational campaign to X X X Stormwater Superintendent inform citizens on illicit discharges, reporting, improper waste disposal, sources of nutrient and fecal coliform loading and actions they can take to minimize them. 3 Student Outreach Program Develop age -specific educational information for use in X X X Stormwater Superintendent the Carolina Beach Elementary school. The program will have a hands-on watershed model with visual aids. An educational coloring book will also be developed, 4 Business Outreach Program Develop and conduct an educational campaign to X X Stormwater Superintendent inform businesses on illicit discharges, reporting, improper waste disposal, sources of nutrient and fecal coliform loading and actions they can take to minimize them. 5 Staff Outreach Program Train local law enforcement and fire fighting personnel X X X Stormwater Superintendent in illicit discharge detection, reporting and spill response. 2. BMP's and Measurable Goals for Illicit Discharge Detection and Elimination BMP Measurable Goals YR YR YR YR YR Responsible Position/ Party: 1 2 3 4 5 1 Amend Existing Ordinance Amend existing ordinance to include illicit detection, X Director, Public Utilities right of entry, prohibition of certain discharges, enforcement actions and penalties for dumping, spills, and willful illicit connections 2 Map Stormwater Outfalls Develop and maintain GIS maps of stormwater outfalls. X X X Stormwater Superintendent 3 Detect and Eliminate Illicit Regular stone sewer system inspections will be used to X X X Stormwater Superintendent Discharges detect illicit discharges. Identified illicit discharges will be removed. Page 1 SWU-268-103102 BMP Measurable Goals YR YR YR YR YR Responsible Position/Party; 1 2 3 4 5 ! 4 Track Illicit Discharges Identified illicit discharges will be tracked electronically X X Stormwater Superintendent and periodically evaluated as part of the annual NPDES stormwater permit reportin2 process. 3. Post -Construction Runoff Control Program BMP Measurable Goals YR YR YR YR YR Responsible Position/Party 1 2 3 4 5 i Maintain existing stormwater Implement through ordinance a local stormwater X X X X X Stormwater Superintendent management program management program including plan reviews, long- term maintenance, use of BMPs for water quality controls for new and redevelopment projects of I acre or more and compliance and enforcement. 2 Establish maintenance standards Develop and implement appropriate maintenance X X X Stormwater Superintendent standards for structural BMPs. 3 Train maintenance staff Provide annual training for those employees that X X X Stormwater Superintendent maintain the drainage system with the focus on disposal of floatables, grit, sediment, and other pollutants removed from the system 4 Inspect BMPs Perform inspections of structural BMPs installed under X X Stormwater Superintendent the local stormwater management program. 5 Evaluate flood control projects Evaluate local flood control projects for potential X X Stormwater Superintendent incorporation of water quality controls. Page 2 SWU-268-103102 0 0 0 4. Pollution Prevention / Good Housekeeping Program BMP Measurable Goals YR YR YR YR YR Responsible Position/Party' 1 2 3 4 5 1 Obtain Industrial Facility Permits Submit an NOI for industrial stormwater permit X Stormwater Superintendent coverage for all subject Town -owned industrial facilities by March 10 2003. 2 Storm Sewer System Maintenance Develop and implement a storm sewer system X X X Stormwater Superintendent Program maintenance program including appropriate maintenance activities, maintenance schedules, and long term inspection schedules. 3 Vegetation Management Program Periodically review and update maintenance equipment, X X X Stormwater Superintendent chemicals and procedures used for open space and v etation management. 4 Waste Management Program Develop and implement procedures for appropriate X X Stormwater Superintendent disposal of waste material removed from the storm sewer s tem. Page 3 SWU-268-103102 I. s Ray P. Rothrock Mayor Pat EGrd Councilwoman Joel Macon Councilman TOWN OF CAROLINA BEACH 1121 N. lake Park Boulevard Carolina Beach, North Carolina 28428 910 458 2992 FAX 910 458 2997 www,lownnfcarol inabeach.com February 17, 2003 To Whom It May Concern: Dennis Harbour Mayor Pro Tem Gary Doctsch Councilman Calvin R. Peck, Jr. Manager This letter serves as official notification that the Carolina Beach Public Utilities Director, Steve Pagley, is hereby authorized to sign the Storm Water NPDES II Application, on behalf of the Town of Carolina Beach. If you have any questions or concerns, please contact me at (910) 458-2992. Sincerely, Ray P. Rothrock Mayor LNP/lnp pc: Calvin R. Peck, Jr., Town Manager Steve Pagley, Public Utilities Director L. Michael F. Easley, Gov6rnor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality 11/6/2002 THE TOWN OF KURE BEACH BETTY L. MEDLIN, TOWN MANAGER 117 SETTLERS LANE KURI, BEACH, NC 28449-0003 Subject: NPDES Phase II Stormwater Program 2000 U.S. Census - Notification of Coverage Betty L. Medlin: In 1990 the U.S. Environmental Protection Agency's (EPA) Phase I stormwater program was promulgated under the Clean Water Act. Phase I relies on National Pollutant discharge Elimination System (NPDES) permit coverage to address stormwater runoff from: (1) "medium" and "large" municipal separate storm sewer systems (MS4s) generally serving populations of 100,000 or greater, (2) construction activity disturbing 5 acres of land or greater, and (3) ten categories of industrial activity. The NPDES Stormwater Phase It Final Rule was promulgated in December 1999 and is the next step in EPA's effort to preserve, protect, and improve the Nation's water resources from polluted Stormwater runoff. The Phase II program expands the Phase I program by requiring additional operators of MS4s in urbanized areas and operators of small construction sites, through the use of NPDES permits, to implement programs and practices to control Stormwater runoff. Phase II is intended to further reduce adverse impacts to water quality and aquatic habitat by instituting the use of controls on the unregulated sources of storm water discharges that have the greatest likelihood of causing continued environmental degradation. The NPDES Stormwater Phase 1I Final Rule requires nationwide coverage of all operators of small MS4s that are located within the boundaries of a Bureau of the Census defined "urbanized area" based on the latest decennial Census. The Bureau of Census has recently released data detailing the 2000 Census urbanized areas and using GIS data files produced by the Bureau of Census, North Carolina Department of Environment and Natural Resources staff has compiled a list of municipalities and counties that we believe fall in whole or in part within one or more of the seventeen census -designated urbanized areas in North Carolina. We are writing to you to notify you that the Town of Kure Beach has been identified as being located within a census designated urbanized area. As a regulated community, you are required to develop a stormwater management program and apply for stormwater permit coverage, if you own and operate a small MS4 or file a certification that the Town of Kure Beach does not own or operate a small MS4. The deadline for submitting your application package or non -ownership certification is 18 months from the date of this letter. Application and certification documents, as well as additional information on the NPDES stormwater program, are available for download at our web site . Our web address is http://h2o.enr. state. nc.uslsulstormwater, htm1. If you have any questions about this letter, please feel free to contact me (919-733-5083, ext.525) or Darren England (919-733-5083, ext. 545) Sincerely, r�t Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Wilmington Regional Office N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699.1617 (919) 733-7015 "0A NCMN—Rk Customer Service 1-800-623-7748