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
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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)
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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.
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(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.
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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.
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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.
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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
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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)
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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.
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(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)
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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.
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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
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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
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• 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
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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
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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
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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
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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
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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.
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(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,:$f and
i
fWh(skeyy�Creek:within Ahe'
Cape II,Fe"ar�YRiver;i Basin:-;
This
aThe'draftdoermitrtnurnherr
'
�Thei:+rowri�,of.Celarid�Fias��
iapplied'-it6r .'Ian�NPDES',
JP ase'IliStormwaterePer;'
� '
mit` to'idlscharge storm
;waterlfrom":therr-munlcl-
1 IT
U
pal:separate"stor` 'wer;
system(M54}(tliicated'.
►withinBrunswickCourity;
NOV J O
to„ receiving4waters;i,The,
Brunswicke-O.River, VStur=:
qckey'sreek Mill ,Creek;`
f ackey'sR Creek.;" Ricefleld
Creek (Stampper#Branch
DENR - WATg QUALITY
'
Blacb'Guml.Branch;:,ana.
:Belvederer,Branch:^ ithW
f1�g & St0{rr 8tOr Blanch
• '',.;',
the,',CapeeFear'River"tia :.
�Sin:'�;r'�T eFt��"ipermitr
;number:ls.NC_Sftnnaiai:ia.
Court
5., This
STORMWAT M AGI
PROGRAM REPORT
B EACH
r X wl d eh, 4
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4A01
• 1,�k •��gA1i�r�''4� 1`� 719C Pt��1 �^'+5 a� ryly� '. " r r�'p�.%•
is tiff' 'Y iaG'5'. �hyaw n F i •�54-
•
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- - r��`1�0^ �h:t' �. >i;�i. taS.$`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
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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
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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
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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
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e
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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
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•
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
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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