NCS000410_APPLICATION_20030310

STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
A )/ � � � (� q
DOC TYPE
❑FINAL PERMIT
❑ ANNUAL REPORT
❑--A'PPUCATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ ,2-6 6 3 0 3 ` v
YYYYMMDD

Vill
S
National'Pollidant Discharge
Efirn nation
AA . 5%:A
Phase I;1 - Permit Appl cat
Submitted to:
Environmental Management
Commission
North Carolina Department
of Environment and
Natural Resources
Division of Water Quality
Raleigh, North Carolina
Submitted by:
Village of Clemmons
Forsyth County,
North Carolina
March 10, 2003

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State of North Carolina
Department of Environment & Natural Resources
Division of Water Quality
OFFIC USE ONLY
Date Rec'd 1
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 M54 Storm' water
Permit Application (SWU-270) and the accompanying narrative documentation, completed in accoroance with
Instructions for Preparing the Comprehensive Stormwater Management Program Report ( SWU-ZSB) 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
SeekingPermit Coverage
Village of Clemmons
b.
Ownership Status (federal,
state or local)Local
c.
Type of Public Entity (city,
town, county, prison, school,
Village
etc.
d.
Federal Standard Industrial
SIC 91 - 97
Classification Code
` e.
County(s)
Fors th
f.
Jurisdictional Area (square
miles)
11.80
g.
Population
Permanent 16,294
Seasonal (if available) nla
h.
Ten-year Growth Rate
! 29.7 %
i.
Located on Indian Lands?
❑ Yes ®No
II. RPE / MS4 SYSTEM INFORMATION
a.
Storm Sewer Service Area
(square miles
11.80
b.
River Basin(s)
Yadkin - Pee Dee
c.
Number of Primary Receiving
Streams
Four (4 )
d.
Estimated percentage of jurisdictional area containing the following four land use activltie5: -
•
Residential
78.3
•
Commercial
4.0
•
Industrial
1.7
•
Open Space
16.0
Total =
100%
e.
Are there significant water
quality issues listed in the
attached application report?
❑ Yes ® No
SWU-264-103102
Page 1

NPDES RPE Stormwater Permit Application
•
0
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
❑ 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 enti ?
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 N/A
ermittees?
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
Winston-Salem/Forsyth County Inspections Divisi
• Element they will implement
Construction Site Run-off Control
• Contact Person
deff Kopf
• Contact Address
100 E. First St. , Suite 328, W-S, NC 27101
• Contact Telephone Number
g 727-2388
c. Are legal agreements in place
to establish responsibilities?
©Yes ❑ No
VI. DELEGATION OF AUTHORITY (OPTIONAL)
3n
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
NIA
b. Title/position of person above
c. Documentation of board action delegating permit authority to this person/position must be
provided in the attached application report.
VII. SIGNING OFFICIAL'S STATEMENT
SWU-264-103102
Page 2

NPDES RPE Stormwater Permit Application
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
01 board action and documented in this permit application, the person/position listed in Section VI above
may sign the official statement below.
•
n
u
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
C�v � cQ% -liti
Name
(,ar,r 1i. Looser
Title
Ma ager
Street Address
3715 Clemmons Road
PO Box
1710
City
Clemmons
State
North Carolina
Zip
27012
Telephone
-7511
Fax
766-7536
E-Mail
managerklemmons.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
same as above
b. Title
c. Street Address
d. PO Box
e. City
f. State
g. Zip
h. Telephone Number
L Fax Number
}. E-Mail Address
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
Management Program
N 1 A
b.
UIC program under SDWA
NIA
c.
NPDES Wastewater Discharge
Permit Number
N 1 A
d.
Prevention of Significant
Deterioration (PSD) Program
NIA
e.
Non Attainment Program
NIA
f.
National Emission Standards for
Hazardous Pollutants (NESHAPS)
NIA
reconstruction approval
g.
Ocean dumping permits under the
N/A
Marine Protection Research and
Sanctuaries Act
h.
Dredge or fill permits under
section 404 of CWA
N 1 A
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.
Page 4

Village of Clemmons
National Pollutant Discharge Elimination System
Phase II — Permit Application
To
Manage Stormwater Quality in a Municipal Separate Stormwater System (MS4)
PART X — TABLE OF CONTENTS
1.
STORM SEWER SYSTEM INFORMATION...............................................................I
I.I. POPULATION SERVED.............................................................................................
1
1.2. GROWTH RATE.......................................................................................................
1
1.3. JURISDICTIONAL AND MS4 SERVICE AREAS.........................................................
1
1.4. MS4 CONVEYANCE SYSTEM...................................................................................
1
1.5. LAND USE COMPOSITION ESTIMATES...................................................................
2
1.6. ESTIMATE METHODOLOGY....................................................................................2
1.7. TMDL IDENTIFICATION.........................................................................................
3
2.
RECEIVING STREAMS.................................................................................................3
3.
EXISTING WATER QUALITY PROGRAMS.............................................................3
3.1. LOCAL PROGRAMS.................................................................................................
3
3.2. STATE PROGRAMS..................................................................................................
3
4.
PERMITTING INFORMATION....................................................................................3
4.1. RESPONSIBLE PARTY CONTACT LIST....................................................................
3
4.2. ORGANIZATIONAL CHART......................................................................................3
4.3. SIGNING OFFICIAL..................................................................................................4
4.4. DULY AUTHORIZED REPRESENTATIVE..................................................................4
5.
CO -PERMITTING INFORMATION (IF APPLICABLE)..........................................4
6.
RELIANCE ON OTHER GOVERNMENT ENTITY..................................................4
7.
STORMWATER MANAGEMENT PROGRAM PLAN..............................................6
7.1. PUBLIC EDUCATION AND OUTREACH ON STORM WATER IMPACTS.....................6
7.1.1. BMP Summary Table..................................................................................6
7.1.2. Target Audience..........................................................................................
6
7.1.3. Target Pollutant Sources.............................................................................6
7.1.4. Outreach Program.......................................................................................7
7.1.5. Decision Process.........................................................................................7
7.1.6. Evaluation....................................................................................................8
7.2. PUBLIC INVOLVEMENT AND PARTICIPATION......................................................
10
7.2.1. BMP Summary Table................................................................................
10
7.2.2. Target Audience........................................................................................
10
7.2.3. Participation Program .......................
7.2.4. Decision Process.......................................................................................
10
7.2.5. Evaluation..................................................................................................10
7.3. ILLICIT DISCHARGE DETECTION AND ELIMINATION ..........................................
12
7.3.1. BMP Summary Table................................................................................
12
7.3.2. Storm Sewer System Map.........................................................................
12
7.3.3. Regulatory Mechanism.............................................................................
12
7.3A. Enforcement..............................................................................................
12
7.3.5. Detection and Elimination.........................................................................
12
7.3.6. Non-Stormwater Discharges.....................................................................
14
7.3.7. Occasional, Incidental Non-Stormwater Discharges .................................
14
7.3.8. Outreach.................................................................................................... 14
7.3.9. Decision Process....................................................................................... 14
Page i

Village of Clemmons
National Pollutant Discharge Elimination System
Phase II — Permit Application
. To Manage Stormwater Quality in a Municipal Separate Stormwater System (MS4)
7.3.10. Evaluation..................................................................................................15
7.4. CONSTRUCTION SITE STORMWATER RUNOFF CONTROL ...................................
16
7A.1. BMP Summary Table................................................................................
16
7.4.2. Regulatory Mechanism.............................................................................
16
......................
7.4.3. Plan Reviews........................................................ ...............
18
..............................
7.4.4. Enforcement............................................................ ....
18
7.4.5. Inspections.................................................................................................
19
7.4.6, Public Information..............................................................................
7.4.7. Decision Process.......................................................................................20
7.4.8. Evaluation..................................................................................................20
7.5. POST -CONSTRUCTION STORM WATER MANAGEMENT IN NEW
DEVELOPMENT AND REDEVELOPMENT...............................................................
21
7.5.1. Stormwater Management Options.............................................................
21
7.5.2. BMP Operations and Maintenance ...................
7.5.3. Fecal Coliform Control.............................................................................
23
7.5.4. SA Waters................................................................................................
23
................
7.5.5. TR Waters............................................................................. ...
23
7.5.6. NSW Waters.............................................................................................23
7.5.7. Comprehensive Watershed Protection Plan ..............................................
23
7.5.8. BMP Summary Table .....................................................
7.5.9. Non -Structural BMPs...........................................
7.5,10. Structural BMPs.................................................
7.5.11. Regulatory Mechanism
7.5.12. BMP Operation and Maintenance ..............................
2
7.5.13. Decision Process ...............................................
25
7.5.14. Evaluation..................................................................................................25
7.6. POLLUTION PREVENTION/GOOD HOUSEKEEPING FOR MUNICIPAL
OPERATIONS.........................................................................................................
26
7.6.1. BMP Summary Table................................................................................26
7.6.2. Affected Operations..................................................................................26
7.6.3. Training...................................................................................
7.6.4. Maintenance and Inspections....................................................................
26
7.6.5. Vehicular Operations.................................................................................26
7.6.6. Waste Disposal................................................................................
7.6.7. Flood Management Projects .................................... ..........
27
7.6.8. Existing ordinances...................................................................................
27
7.6.9. Other evaluations.......................................................................................
27
7.6,10. Decision Process.......................................................................................
27
7.6.11. Evaluation..................................................................................................28
APPENDIX A: Receiving Streams 'fable and Figure
APPENDIX B: Organizational Chart
APPENDIX C: Stormwater Steering Committee Guidance Document
with Meeting Notices and Meeting Minutes
APPENDIX D: Erosion Control Ordinance and Cooperative Agreement
Page ii

Village of Clemmons
National Pollutant Discharge Elimination System
Phase II — Permit Application
• To Manage Stormwater Quality in a Municipal Separate Stormwater System (MS4)
•
Comprehensive Stormwater Management Program Report
1. STORM SEWER SYSTEM INFORMATION
1.1. Population Served: The permanent population served by the Municipal Separate
Storm Sewer System (MS4) is 16,294. This data is from the North Carolina Office of
State Budget and Management for Fiscal Year 2002-2003. (This data source is also
used by North Carolina to distribute State Shared Revenues for the current fiscal year.)
No seasonal population data is presented since the Village of Clemmons is not
considered a resort or vacation location; therefor the population will not vary
significantly.
1.2. Growth Rate: The annual growth rate for Clemmons is calculated at 13.0%. This rate
was derived by comparing 1990 and 2000 census data. The populations were 13,827
and 6,020 respectively —again of 7,807 people, during the ten-year period. This
represents a I29.7%n increase from year 1990 to year 2000, and a 13.0%n annual
increase. Although the rate is substantial, it is due in large part to two annexations.
One was completed in July, 1998 and nearly doubled the population from 6,000 to
12,000 residents. The second was completed in July, 2000 and increased the
population by another 2,100 residents. The 2,100 annexation growth plus an additional
367 residential growth, when added to the year 2000 census figure of 13,827, provides
the current population of 16,294.
1.3. ,Jurisdictional and MS4 Service Areas: Clemmons is composed of 11.8 square
miles, all of which are included in the Storm Sewer Service Area.
1.4. MS4 Conveyance System: The backbone of the Clemmons stormwater conveyance
system is the three major creeks that drain the Village: Blanket Bottom Creek, Johnson
Creek, and Muddy Creek. Blanket Bottom Creek drains the area north of Interstate 40
and west of Lewisville-Clemmons Road, and includes drainage from unincorporated
areas north of the Village. Blanket Bottom includes Lake Lasater and discharges to the
Yadkin River within the Clemmons corporate limits. Johnson Creek drains the central
portion of the Village south of Interstate 40 and includes drainage from a small area
north of Interstate 40. Johnson Creek includes Lakes Brook, Meadow and Lea; and
discharges to the Yadkin River through Tanglewood Park (outside of the Village
corporate limits). Muddy Creek roughly parallels Lewisville-Clemmons Road and
receives drainage from roughly the eastern half of the Village. The Muddy Creek
watershed extends to Bethania (about 10 miles to the north) and drains about half of
Winston-Salem. Clemmons' contribution is along a 9-mile reach where drainage from
Clemmons enters the creek through at least 1 I small tributaries. Muddy Creek
discharges to the Yadkin River about 8 miles downstream of Clemmons.
Page 1

. These three major creeks and their numerous tributaries are, for the most part, located
on private properties except where they cross public streets. Maintenance is
predominantly by individual private property owners along the creeks. Overall, the
condition of the creeks is what would be expected from urban and suburban streams.
Generally, the changing hydrologic regime brought on by urbanization causes down
cutting which results in incised geomorphology, undercutting banks are generating
sediment loads that impact downstream areas, and minor flooding is experienced where
floodplain encroachment occurs. Muddy Creek is categorized by the NC DENR
Division of Water Quality as impaired for elevated nutrients, turbidity and fecal
coliform primarily attributed to nonpoint source runoff from construction sites and
developed areas. There are no other known water quality problems other than those
typically experienced in urban streams.
In residential areas of the Village, the drainage system typically starts as sheet flow
over lawns and landscaped areas. Rooftop downspouts typically discharge onto lawns
and grassed areas. As sheet flow coalesces into shallow concentrated flow, stormwater
typically collects in street gutters, grassed swales, and ephemeral streams. From these
overland conveyances, flow can continue as surface flow in ditches, streams and creeks
or it can enter the underground conveyance system through catch basins and surface
drainage inlets. Both surface and underground systems discharge into larger surface
ditches and streams which connect to the major creeks.
In commercial and industrial areas, more impervious surface most often results in
stormwater being collected into an underground drainage system without much
overland flow. Once in the underground system, flow moves quickly to discharge into
surface ditches and creeks.
The Village's drainage system is relatively young and has not advanced to the point of
having long, large underground drainage networks. Generally, maintenance is minimal
and suffices to keep the system operating as intended to convey flows quickly via an
out fall to a larger surface ditch or creek. What maintenance is performed, is focused on
maintaining the stormwater quantity aspects of the Municipal Separate Storm Sewer
System (MS4). Little work has been done to incorporate stormwater quality best
management practices (BMPs) or to purposefully manage stormwater as a resource.
1.5. Land Use Composition Estimates: Clemmons includes 78.3 % Residential, 4.0%
Commercial, 1.7% Industrial, and 16.0% Open Space.
1.6. Estimate Methodology: The land -use estimates were derived utilizing the Forsyth
County Geo-Data Explorer Webster, which comprise information relative to tax block
and lot zoning districts and acreage amounts. Information concerning zoning districts
and sizes of land parcels were then incorporated into a database for information
manipulation. Data was summarized and total acreage derived for Industrial,
Commercial, and Residential Zoned properties. The sums of these zoning districts
. were then compared to the total acreage of the jurisdiction (11.8 square miles) to derive
the percentage for each separate land use. Estimates for the Open Space component
Page 2

were then obtained by using site plans and visual observation to verify the accuracy of
non -developed land located in residential sub -divisions and multi -family complexes,
and totaling other currently undeveloped acreage within Clemmons, to calculate the
total open space acreage. This open space total acreage was then subtracted from the
previously determined residential acreage to derive the true residential and open space
percentages.
1.7. TMDL Identification: There are no known Total Maximum Daily Load (TMDL)
allocations for the water bodies or receiving streams of Clemmons.
2. RECEIVING STREAMS
Table 2.1 (Appendix A) provides a detailed listing of primary streams within the Village of
Clemmons. Figure 2.1 (Appendix A) accompanies Table 2.1 and shows the location of each
primary stream, major water body and other geographical features.
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs: Clemmons participates in the Water Supply Watershed Protection
program and has an ordinance controlling development in the area generally west of
Lewisville-Clemmons Road (north of US Highway 158) and west of Hampton Road
(south of US Highway 158). This encompasses about 50% of the Village area.
Forsyth County administers the delegated Erosion and Sediment Control program and
the National Flood Insurance Program (NFIP) floodplain management program within
the Village of Clemmons.
3.2. State Programs: The State does not operate any water quality programs within
Clemmons.
4. PERMITTING INFORMATION
4.1. Responsible Party Contact List: The responsible person / position for each goal
listed is enumerated within the BMP Table enclosed. Contact information for each
person 1 position follows.
NAME POSITION PHONE FAX Email
Gary M. Looper Village Manager (336) 766-751 1 [phone] [e-mail]
Larry W. Kirby Public Works Dir. [phone] [phone] [e-mail]
Marsha Sucharski Village Clerk [phone] [phone] [e-mail]
0 4.2. Organizational Chart: See chart in Appendix B.
Page 3

O 4.3. Signing Official: The signing official for this permit application is Gary M. Looper.
the Village Manager. As the local government manager, Mr. Looper is the principal
executive officer for the jurisdiction as appointed by the elected board. The Manager
should be the signatory official because of his involvement and expertise with NPDEC
Phase II issues and also because he is the official to whom issues associated with permit
application, implementation, and enforcement will be ultimately addressed.
4.4. Duly Authorized Representative: (Not 1 Applicable)
5. CO -PERMITTING INFORMATION (IF APPLICABLE)
The Village of Clemmons is not entering into a co -permitting arrangement with any
other municipality.
6. RELIANCE ON OTHER GOVERNMENT ENTITY
Name of the entity: Forsyth County
Element to be Implemented: Construction Site Stormwater Runoff Control (Erosion &
Sediment Control Program)
Contact Information for the Responsible Party:
Name: Jeff Kopf
Address: 100 East First St., Ste. 328
Winston-Salem, NC 27101
Phone: [phone]
A legal agreement is in place to establish the relationship and responsibilities of both parties.
See Appendix E for a copy of the current agreement. Note that this agreement is currently
being revised with completion anticipated in spring 2003.
Additional Entities / Elements.
Name of Entity: North Carolina Cooperative Extension Service -- Forsyth County
Center
Elements Implemented: Public Education and Outreach: Public Involvement and
Participation
Contact Information for Responsible Party.
Name: Maurene S. Minton, County Extension Director
Address: 1450 Fairchild Drive
Winston-Salem, NC, 27105
Phone: [phone]
Legal Agreement: Not concluded at this time.
Option One for implementing these minimum measures proposes to join a cooperative
agreement with other Phase II jurisdictions upon implementation permit application for the
2000 census designated communities. The Cooperative Extension Service has proposed a
• program that satisfies public education and participation measures for participating
jurisdictions. This proposal is for planning purposes only at this date, and the participation
Page 9

. level by other Phase II jurisdictions will not be known until Census 2000 designated
jurisdictions submit their permit. Additionally, the renewal of the Phase I permit for
Winston-Salem may impact the feasibility of the Cooperative Extension proposal.
Clemmons has adopted a Stormwater Program with options that intend to take advantage of
time and cost savings by using cooperative agreements with other local government agencies.
If this agreement is not concluded, then Clemmons will implement Option Two that requires
local government implementation and administration for these measures.
Name of Entity: Winston-Salem/Forsyth County Inspections Division
Elements Implemented: Illicit Discharge Detection and Elimination: Post -Construction
Storm Water Management in New Development and Redevelopment
Contact Information for Responsible_ _Party.
Name: To be determined upon completion of agreement
Address: 1450 Fairchild Drive
Winston-Salem, NC, 27105
Phone: To be provided upon completion of agreement
Legal Agreement: Not concluded at this time.
The Village of Clemmons proposed Best Management Practices (BMPs) for these two
minimum measures will be implemented and administered by either local authorities or by
contracting with another legal entity. Based on the elected board's desire to research time
• and cost cutting measures, the Village of Clemmons will enter discussions with the City of
Winston-Salem, a Phase I community that will likely renew their Phase I Permit in the near
future, and with other Phase II communities to attempt resolution of a cooperative agreement
to administer these BMPs. This agreement cannot be concluded at this time due to the
various permit deadline requirements for Phase 1 renewals and Phase II 2000 Census
designated communities. Clemmons proposes to provide the legal agreement details at the
time when such agreement is concluded. Otherwise, Clemmons will be the responsible party
to meet all BMP obligations.
•
Page 5

0 7. STORMWATER MANAGEMENT PROGRAM PLAN
7.1. Public Education and Outreach on Storm Water Impacts
In year l of the program, the Village of Clemmons will rely primarily upon the
proposed State Public Education and Outreach program to meet the requirements of this
Minimum Measure. This will be augmented by development and distribution of a
brochure on Illicit Discharge Detection and Elimination which will be mailed out to
about 6,000 households and businesses in year I. The Village is not currently planning
to use the State program in permit years 2 through 5.
In permit years 2 through 5, the Village of Clemmons will undertake one of two options
as follows for implementation of this Minimum Measure: Option 1: Participation in a
Public Education and Outreach program coordinated by the Forsyth County
Cooperative Extension Office, as defined below. Option 2: Implementation of a local
program as defined below.
7.1.1. BMP Summary Table: See Tables 7. LA and B at the end of this section.
7.1.2. Target Audience: Four general groups of citizens are targeted by the Public
Education and Outreach Program, namely: 1. all citizen households of the
. Village; 2. local businesses and business owner/operators; 3. local students in the
elementary and middle school grades; and 4. local development professionals
including developers, architects, and engineers. The Village households are
targeted for mass mailings of brochures so that all citizens will have an increased
understanding of stormwater quality issues. The mass mailings to Village
households will ensure that members of all affected groups such as trade
associations, environmental groups, homeowners associations, etc. are made
aware of the stormwater quality management program. Local businesses are
targeted because of the significant impact that commercial and industrial
properties have on stormwater quality. Local students are targeted because of the
long-term benefits of future generations developing good habits and
understanding of stormwater quality and quantity issues. Local development
professionals are targeted because of the impact these individuals have on new
development and re -development within the Village. Recognizing the growth in
the number of Hispanic citizens in the area, Spanish language strategies will be
used where appropriate. All events and promotional efforts will be open to the
public and all ethnic and economic groups will be encouraged to participate.
7.1.3. Target Pollutant Sources: Three groups of pollutant sources to be addressed by
the Public Education Program include: 1. those pollutants that are normally
generated by homeowners such as household chemicals, pesticides, herbicides,
fertilizers, and yard waste; 2. pollution from illicit connections and discharges;
and sediment pollution that typically results from land -disturbing activities.
Page 6

• These are generally seen as the pollutant sources that are most prevalent in
Clemmons and that are most manageable for the Village.
7.1.4. Outreach Program: The Village will use a number of strategies to distribute
information and educate citizens about stormwater quality. Brochures will be
developed to explain stormwater quality issues. These brochures will be
distributed through mass mailings to about 6,000 homes, during public briefings
and presentations, from the Village Hall, from various businesses which rely on
walk-in traffic, to new businesses that open in Clemmons, and via mail when
requested by individual citizens. Resource packets and fact sheets will be
developed for use in school presentations and by teachers who will include these
elements in their educational curriculum. Briefings to be presented to local civic
and business groups will be developed which include examples of good and poor
stormwater quality management practices, information on how citizens and
businesses can improve stormwater quality, and general education information to
improve public understanding of stormwater management issues. Articles for
local print media will be developed and distributed. The Village's website will be
expanded to include a stormwater management section. In this section will be
included information on what citizens can do to reduce stormwater problems and
links to other stormwater sites and resources including Forsyth County's
stormwater website and the North Carolina Department of Environment and
Natural Resources Stormwater Website. The Clemmons Government Access TV
channel will be used to distribute timely educational and announcement
information regarding stormwater management. Information on Forsyth County's
household hazardous waste disposal program will be included, as appropriate, in
various educational materials, notices, and brochures. A Stormwater Hotline with
a discrete telephone number will be established where citizens can call to report
pollution violations and to obtain information. The pollution incidents reported to
this hotline will be responded to within 2 working days for chronic events.
Callers will be directed to emergency services or law enforcement for situations
that require emergency response. Information on events and services relating to
stormwater management, such as cleanup events and the stormwater hotline, will
be promulgated via Government Access TV, the website, and newspaper articles.
7.1.5. Decision Process: A Stormwater Steering Committee was formed in May of
2002 with 9 members approved and appointed by Village Council. The mandate
of the Stormwater Steering Committee was (and is) to formulate a stormwater
management program to meet NPDES Phase II requirements and to develop a
program to improve stormwater quality and drainage conditions in the Village. A
copy of the Committee guidance document is provided in Appendix D of this
document. All meetings were open to the public and interested citizens attended
from time to time. Following development by the Committee, the draft program
was presented to Village Council for approval. Council requested some minor
changes in the program and a public hearing was held on February 10, 2003, to
allow public input. Council has adopted the program as presented in this
® document and approved its presentation to the North Carolina Environmental
Page 7

• Management Commission for review and approval. Copies of notices and
minutes from the Stormwater Steering Committee meetings are contained in
Appendix D of this document.
It is appropriate to describe the process the Committee followed in the
development of the overall Program. The Committee met 10 times in the course
of developing the NPDES Phase II program. Each meeting was chaired by the
Village Mayor, coordinated by the Village Manager, and recorded by the Village
Clerk. Doug Jewell of Jewell Engineering Consultants participated in all the
meetings to provide technical guidance and information to aid in developing the
program. The first meeting addressed administrative functioning of the
Committee and the overall purpose to develop a program to meet the NPDES
Phase II requirements. In the next two meetings Doug Jewell presented an
educational, background overview on stormwater quantity and quality issues so
the Committee members would have a better understanding of the issues.
Meeting four focused on the federal, state and local regulations surrounding
stormwater, with an introduction to the NPDES Phase II program with the six
minimum measures. Meeting five included an in-depth discussion of the first 2
minimum measures, Public Education and Outreach and Public Involvement and
Participation. Meeting six followed the previous discussion to present options for
meeting the first 2 minimum measures and then introduced the Illicit Discharge
Detection and Elimination minimum measure. Meeting seven focused on the
Construction Site Runoff Control and Pollution Prevention/Good Housekeeping
minimum measures. Meeting eight dealt with the integration of the NPDES
Phase II program with the current Water Supply Watershed Program. Meeting
nine addressed the Post -Construction Stormwater Management minimum
measure. Meetings five through nine resulted in the development of the five-year
program to address the six minimum measures and to integrate the overall
program into the operations of the Village of Clemmons and to identify and
quantify resources needed to develop and implement the program. Meeting ten
was a complete review of the overall Clemmons five-year NPDES Phase II
program prior to submitting the program to Council for review and adoption.
The rationale for this program is to educate the public about the impacts of
stormwater discharges on water bodies, steps the public can take to reduce
Pollutants in Stormwater runoff, and to meet State requirements for development
and implementation of a NPDES Phase II Stormwater Quality Management
Program. In addition to the narrative above, a detailed synopsis of the Public
Education and Outreach program is contained in the BMP Summary Table for this
Minimum Measure. That table contains measurable goals and names responsible
persons.
7.1.6. Evaluation: In addition to the measurable goals outlined in the BMP Summary
Table and above narrative, the Village will conduct a telephone survey annually
. (starting in Year 2) of at least 100 local homes and businesses to determine how
effective education efforts have been. Questions will address which of the
Page 8

e
various education and information strategies are making an impact and how the
message is perceived. Additionally, regular dialogue will be maintained with
other local governments regarding the successes and problems with similar efforts
for this minimum measure. Results of the survey and discussions with other local
government officials will be used to fine-tune subsequent activities to ensure that
maximum impact is being achieved for this minimum measure.
Page 9

0 0 0
Table 7.1.A. Option 1 - BMP's and Measurable Goals for Public Education and Outreach using Forsyth County Cooperative
Extension Service Resources
BMP
Measurable Goals
YR
YR
YR
YR
YR
Responsible
1
2
3
4
5
Position/Party
1
State Education Program
Clemmons will comply with the State Public Education and Outreach program in
X
Village Manager
Year 1.
2
Brochure & Mass Mailing
In year 1, Clemmons will develop a brochure on Illicit Discharge Detection and
X
Village Manager
Elimination and will distribute this brochure in a mass mailing to all Clemmons
addresses. This will reach all households and businesses and will be available to
all 16,000 residents.
3
Stormwater Hotline
The Hotline is a BMP that contributes to Public Education and Outreach. See the
X
X
X
X
X
Public Works
description under Illicit Dischar a Detection and Elimination.
Director
4
Civic Group Educational
Conduct one annual briefing to 100 people, distribute 100 informational
X
Forsyth County
Program (Year 2)
brochures
Cooperative
Extension
5
Civic Group Educational
Conduct two annual briefings to 200 people, distribute 200 informational
X
X
X
Forsyth County
Program (Years 3 - 5)
brochures
Cooperative
Extension
6
Joint Media Campaign
Air 30 minutes of radio spots annually, 30 minutes of TV spots annually, and run
X
X
X
X
Forsyth County
1 newspaper article every 6 months.
Cooperative
Extension
7
Distribute Illicit Discharge
Distribute 1,000 Illicit Discharge brochures to local businesses with high "walk-
X
X
X
X
Forsyth County
Brochures to Local Businesses
in" traffic such as restaurants, oil change businesses, convenience stores,
Cooperative
groceries, etc.
Extension
8
Website
Link the Clemmons website to the Forsyth County Cooperative Extension
X
X
X
X
Forsyth County
Stormwater Management Website. County to track and report number of annual
Cooperative
hits.
I Extension
9
Educational Program for
In Year 3, develop and present educational programs to the both the local
X
X
X
Forsyth County
Elementary and Middle Schools
elementary and middle schools. Distribute 500 brochures with the
Cooperative
presentations. In Year 4, present the program to the middle school and
Extension
distribute 250 brochures. In Year 5, present the program to the elementary
school and distribute 250 brochures.

Table 7.1.13. Option 2 - BNIP's and Measurable Goals for Public Education and Outreach using Clemmons' In -House
Resources
BMP
Measurable Goals
YR
YR
YR
YR
YR
Responsible
1
2
3
4
5
Position Pa
1
State Education Program
Clemmons will comply with the State Public Education and Outreach program in
X
Village Manager
Year 1.
2
8rochure & Mass Mailing
In year 1, develop a brochure on Illicit Discharge Detection and Elimination and
X
X
X
X
X
Village Manager
distribute 6,000 brochures in a mass mailing to all Clemmons addresses. In
Years 2 through 5, develop and distribute via mass mailings, additional
brochures on various stormwater quality topics.
3
Stormwater Hotline
The Hotline is a BMP that contributes to Public Education and Outreach. See the
X
X
X
X
X
Public Works
description under Illicit Discharge Detection and Elimination.
Director
4
Stormwater Education Through
In Year 2, develop educational program materials for presentation at the local
X
X
X
X
Village Manager
Community Schools
elementary school. In Year 3, develop educational program materials in the
form of resource packages/fact sheets for use by teachers and for distribution at
the local middle school. In Year 4, present the program to students and faculty
at the local elementary school and distribute 250 brochures. In Year 5 present
the program to students and faculty at the local middle school and distribute 250
brochures.
5
Stormwater Education Through
In Year 2, develop a stormwater informational briefing (including a Powerpoint
X
X
X
X
Village Manager
Community Groups
presentation and handouts) for presentation to community groups. Conduct
briefings for 2 local community groups. In Year 3, conduct briefings for 2
community groups and 1 briefing for local businesses. In Years 4 and 5,
conduct community briefings upon request, and 1 briefing each year for new
local businesses.
6
Stormwater Information on
In Years 2 through 5, create and broadcast 4 new stormwater bulletin boards
X
X
X
X
Village Manager
Government TV
each year on Clemmons Government Access TV each year.
7
Stormwater Articles for Print
In Years 2 through 5, create 2 articles each year to be place in the local
X
X
X
X
Village Manager
Media
newspaper that educate the public about Clemmons' Stormwater Program
and/or stormwater management in general.
8
Website
In Year 2, create a stormwater information page on the Clemmons website and
X
X
X
X
Village Manager
link the page to the Forsyth County Stormwater Management website. Maintain
and continue the website in Years 3 through 5. Track and report the number of
annual hits.

7.2. Public Involvement and Participation
7.2.1. BMP Summary Table: See Table 7.2 at the end of this section.
7.2.2. Target Audience: Three general groups of citizens are targeted by the Public
Involvement and Participation Program, namely: 1. all citizens of the Village, 2.
local business and business owner/operators, and 3. local students in the
elementary and middle school grades. The Village citizens, local businesses. and
local students are targeted to increase public involvement in various public
activities intended to increase awareness of stormwater pollution issues and to
improve stormwater quality by removing various sources of pollution through
periodic cleanup events. Recognizing the growth in the number of Hispanic
citizens in the area, Spanish language strategies will be used where appropriate.
All events and promotional efforts will be open to all ethnic and economic groups.
7.2.3. Participation Program: The public has been involved through citizen
involvement in the Stormwater Steering Committee and citizen access through the
Public Hearing process that has led to the development of the program and which
will guide program implementation. The Village complies with all state and local
notification requirements as is demonstrated by the Public Notice documents
contained in Appendix D. Citizen volunteers from the Stormwater Steering
Committee will participate in education and outreach activities by making
presentations to local business and civic groups. Other citizen involvement in the
education and outreach activities will be sought as knowledgeable citizens are
identified and recruited to participate in this process. As described in the BMP
Summary Table, citizen involvement will be enhanced by increases in community
cleanup and Adopt -A -Highway programs.
7.2.4. Decision Process: The decision process for this minimum measure is the same as
for the Public Education and Outreach program. The rationale for this program is
to implement a public involvement/participation program that engages all
economic and ethnic groups into reducing surface water pollution to the
maximum extent practicable and to provide opportunities for the public to
participate in program development and implementation. The underlying
principle for public involvement and participation is that surface water pollution
IS most effectively controlled at the source. Only the public can accomplish that
and involvement and participation will give the public a greater sense of
ownership, buy -in, and understanding of the issues. In addition to the narrative
above, a detailed synopsis of the Public Involvement and Participation program is
contained in the BMP Summary Table for this Minimum Measure. That table
contains measurable goals and names responsible persons.
7.2.5. Evaluation: In addition to the measurable goals outlined in the BMP Summary
Table and above narrative, the Village will conduct a telephone survey annually
• (starting in Year 2) of at least 100 local homes and businesses to determine how
effective involvement and participation efforts have been. Questions will address
Page 10

•
•
which of the various involvement and participation strategies are making an
impact and how the public perceives these efforts. Additionally, regular dialogue
will be maintained with other local governments regarding the successes and
problems with similar efforts for this minimum measure. Results of the survey
and discussions with other local government officials will be used to fine-tune
subsequent activities to ensure that maximum impact is being achieved for this
minimum measure.
Page 21

• 0 e
Table 7.2. BMP's and Measurable Goals for Public Involvement & Participation
BMP
Measurable Goals
YR
YR
YR
YR
YR
Responsible
1
2
3
4
5
tion/Party—
IPa
1
Public Hearings
Clemmons will comply with North Carolina statutes and local ordinances for
X
X
X
X
X
Village Manager
public hearing and notice requirements. A public hearing was held prior to
adoption of this permit application by Village Council. Other public hearings will
be held each time an ordinance is adopted that pertains to this program
2
Community Cleanup Events
In Years 1 and 2, sponsor and conduct an annual cleanup event involving at
X
X
X
X
X
Clemmons
least 50 people each to remove trash and debris. In Years 2 through 5, sponsor
Appearance
and conduct 2 annual cleanup events involving 10% more people than the
Commission
previous year.
3
Option I - Community
In each of Years 2 through 5, encourage citizens and local civic groups to
X
X
X
X
Forsyth County
Participation — Drain Stenciling
participate in drain stenciling through print and broadcast media. In Year 2,
Cooperative
(Cooperative Extension
enlist one or more civic groups to stencil/plaque 10% of the Village's storm
Extension
Program)
drains in the right-of-way. In Years 3 through 5, stencil/plaque an additional
30% per year.
4
Option 2 - Community
In each of Years 2 through 5, encourage citizens and local civic groups to
X
X
X
X
Public Works
Participation — Drain Stenciling
participate in drain stenciling through print and broadcast media. In Year 2,
Director
(In House Program)
enlist one or more civic groups to stencil/plaque 10% of the Village's storm
drains in the right-of-way. In Years 3 through 5, stencil/plaque an additional
30% per year.
5
Community Participation —
In Year 2, evaluate the current Adopt -a -Highway program to see what
X
X
X
X
Clemmons
Adopt -a -Highway
percentage of the Village's streets are covered. Each year, recruit volunteer
Appearance
individuals and/or groups to increase coverage by 10%.
Commission
6
Stormwater Hotline
The Hotline is a BMP that contributes to Public Involvement and Participation.
X
X
X
X
X
Public Works
See the description under Illicit Discharge Detection and Elimination.
Director

7.3. Illicit Discharge Detection and Elimination
7.3.1. BMP Summary Table: See Table 7.3 at the end of this section.
7.3.2. MS4 Map: Clemmons currently has a map of storm sewers that was prepared in
1999, which locates all known storm drainage structures that were in existence at
that time. This information will be combined with other currently available
graphical information such as Village limits, streams and water bodies,
topography, planimetric features, sanitary sewerage, and zoning to create a digital
MS4 Map. Sources of existing information include the US Geological Survey,
Forsyth County, the Winston-Salem/Forsyth County Utility Department and
Planning Department.
Since the available storm sewer information is already somewhat dated, that
information will need to be updated. To update this information, the Village will
obtain site plans that have been constructed since the original map was prepared
and identify pipes, structures and outfalls that have been added. Where needed,
existing, added and suspected stormwater outfalls will be field located to verify
their existence, location and other pertinent information such as size, material and
condition. All existing and new information will be collected and managed in a
digital GIS database and mapping system. Updating of the MS4 Map information
will be accomplished through the use of as -built site plans that will be field
verified as needed by the Village Public Works Director and his staff.
7.3.3. Regulatory Mechanism: The Village will adopt an ordinance to regulate the
discharge of illegal substances into the MS4. An ordinance was chosen as the
appropriate regulatory mechanism because of the need to have legal authority to
prohibit illegal discharges and to have legal authority to pursue whatever actions
are necessary to eliminate such discharges. The ordinance will make non-
stormwater discharges (with appropriate exceptions) illegal, will give authorized
Village personnel right of entry onto private property to investigate and eliminate
illegal discharges, will set forth penalties for non-compliance, and will establish
procedures for administration of the ordinance. This ordinance does not currently
exist and must be crafted, reviewed, adopted, and implemented. The schedule for
this process is to develop and review the ordinance in year I of the program, and
adopt and implement in year 2.
7.3.4. Enforcement: The Illicit Discharge Control Ordinance will charge the Village
Manager with implementing the Illicit Discharge Detection and Elimination
program. The Village Manager may designate Village staff or other contracted
agencies to perform inspections, investigation, education, and elimination
functions. The ordinance will specify legal penalties to be implemented in cases
of non-compliance.
• 7.3.5. Detection and Elimination: Clemmons will use a three -pronged approach to
detecting and identifying illicit discharges. First, a dry -weather screening
Page 12

program will be conducted on all outfalls within the Village. Second, a
stormwater hotline will be available for citizens to make illicit discharge reports.
Third, Village personnel will be trained to spot illicit discharges and to report
incidents for investigation and elimination. Once an illicit discharge is suspected,
it will be the responsibility of the Public Works Director to determine the source
of discharge and to follow the Village's incident response process and policies to
eliminate the discharge.
Typically, the process of locating an illicit discharge will be to work upstream
from the point of discovery until the source of discharge is determined. For safety
reasons, the field investigation team will consist of at least 2 persons. Depending
upon the type of pollutant involved, differing identification techniques may be
used such as visual observations, smells, or chemical tests. Once the source of
discharge is determined, the perpetrator will be required to cease discharging.
During the course of development of the legal authority for this Minimum
Measure, an escalating process of legal notification and action will be developed
to be used in situations where the responsible party refuses to respond as required.
Note that the detailed procedures for locating illicit discharges will be worked out
during the development of the dry weather screening process.
7.3.5.1. Dry -weather Screening for Non-stormwater Flows: In year 2 of the
program, the Village will develop a dry -weather screening protocol
including field procedures, target pollutants, and testing methodologies.
Screening equipment and supplies will be procured and screening
personnel will be trained to perform these duties. Also in year 2, the
MS4 Map will be completed identifying the outfalls contained in the
Village.
In Year 2, the MS4 Map will be used to identify priority dry -weather
screening areas covering a minimum of 25% of the Village area.
Priority screening areas will include those areas most likely to contribute
pollution resulting from illicit discharges and dumping. These are likely
to contain the older sections of the Village and most commercial and
industrial areas. Beginning in year 3, at least 25% of the Village will be
screened by visiting each stormwater outfall in the priority area and
checking for dry -weather flow (e.g. flow from outfalls following at least
72 hours of no measurable precipitation). An additional 25% of the
Village will be screened in Year 4 and the remainder in Year 5.
If flow or standing water is present, testing will be performed.
Indicators of potential pollution can be odor, visually observable
pollution, high pH or temperature, dead plants or animals, positive
chemical tests for pollutants, etc. Pollutants that may be chemically
tested could include detergents, petroleum products, fecal coliform,
chlorine, organic compounds, nutrients, etc.
Page 13

O 7.3.5.2. Hotline and Incident Response: Starting in Year 1, a stormwater
hotline will be established in the Public Works Department to provide a
mechanism for citizens to report violations, problems and complaints.
This hotline will use an answering device and will be monitored at least
daily by Public Works personnel. For emergency situations, the hotline
will instruct callers to notify emergency services such as law
enforcement, fire or rescue services. The Village will respond to hotline
reports within 2 working days.
In Year 1, the Village will develop a stormwater incident response
process and policy to guide Village personnel when dealing with
reported or discovered stormwater problems. The policy will define
procedures to be followed in researching stormwater problems, resolving
problems, and if need be, escalating levels of notification and
enforcement to eliminate problems.
7.3.6. Non-Stormwater Discharges: At this time, it is not known whether any of the
discharges listed in the Comprehensive Stormwater Management Program Report
Instruction Document (SWU-268-103102) are significant contributors of
pollutants to the Clemmons MS4. During the course of this permit period, the
Village will research methods to evaluate the impact of these potential pollutants
through discussions with the NC DENR Stormwater Unit staff and other local
governments. If it becomes clear that any of these discharges are contributing
significant pollutants to Clemmons' surface waters, plans will be made, and
communicated to the State, to eliminate or manage such discharges as required.
7.3.7. Occasional, Incidental Non-Stormwater Discharges: Like the "Non-
Stormwater Discharges" condition described above, it is not known whether any
occasional, incidental non-stormwater discharges are significant contributors of
pollutants to the Clemmons MS4. An approach similar to item 7.3.6 above will
be followed to identify and eliminate such discharges if needed.
7.3.8. Outreach: The message of illicit discharges will be interspersed in educational
materials, on the Village website, and on Government Access TV so that the
public will be aware and informed of the issue. The first stormwater brochure to
be produced and distributed will be on this subject. New businesses opening in
Clemmons will be briefed on the illicit discharge ordinance and compliance
requirements. Village employees will be trained on the illicit discharge
requirements and the Village will regulate itself to be in compliance.
7.3.9. Decision Process: The decision process for this minimum measure is the same as
for the Public Education and Outreach program. The rationale for this program is
to improve the quality of surface waters by eliminating all illicit non-stormwater
discharges from the environment. In addition to the narrative above, a detailed
. synopsis of the BMPs associated with the Illicit Discharge Detection and
Page 14

• Elimination program is contained in the BMP Summary Table for this Minimum
Measure. That table contains measurable goals and names responsible persons.
•
7.3.10. Evaluation: In addition to the measurable goals outlined in the BMP Summary
Table and above narrative, the Village will maintain records of all illicit discharge
reports, investigations and resolutions. Comparisons will be made from year to
year to identify any trends or changes to this aspect of the stormwater program.
Additionally, regular dialogue will be maintained with other local governments
regarding the successes and problems with similar efforts for this minimum
measure. Results of the records, analyses, and discussions with other local
government officials will be used to fine-tune subsequent activities to ensure that
maximum impact is being achieved for this minimum measure.
Page 15

Table 7.3. BMP's and Measurable Goals for Illicit Discharge Detection & Elimination
BMP
Measurable Goals
YR
YR
YR
YR
YR
Responsible
1
2
3
4
5
Position/Party
1
Illicit Discharge Ordinance
In Year 1 develop an ordinance making illicit discharges illegal and giving the
X
X
Village Manager
Village authority to detect and eliminate illicit discharges. Adopt this ordinance
in Year 2.
2
Stormwater Incident Response
Develop in Year 1 and implement a written stormwater incident response
X
X
X
X
X
Village Manager
process and policy that guides Village personnel when dealing with reported or
discovered stormwater problems. The policy will define procedures to be
followed in researching stormwater problems, resolving problems, and if need
be, escalating levels of notification and enforcement. Responses to reported
incidents will be within 2 working days of first report.
3
Stormwater Hotline
Establish a Stormwater Hotline in Year 1 with its own unique telephone number
X
X
X
X
X
Public Works
to receive and record stormwater complaints and operate it throughout the rest
Director
of the permit period. Respond to each complaint within 2 working days of
receipt. Operate the hotline 24-7 with either live answering or an answering
machine. Inform callers to call Emergency Services or Law Enforcement if the
com laint is an emergency.
4
Dry Weather Screening
In Years 1 and 2, develop the jurisdictional map showing outfalls and other
X
X
X
X
X
Public Works
pertinent information. In Year 2, develop protocol to perform a Dry Weather
Director
Screening Program. Identify and assemble equipment and material to perform
the program and train Village staff or contracted personnel. In Year 3, identify
the priority areas of the Village and screen the top 25% of the Village area. In
Year 4, screen the next top 2S% of the Village area. In Year 5, screen the
remainder of the Village area.
5
Illicit Discharge Brochure
In Year 1, develop an educational brochure concerning illicit discharges that
X
X
X
X
X
Village Manager
defines what they are, informs of their illegality, and presents the Village's
process to remove them. This brochure will be distributed in Year 1 via mass
mailing to all Village households and businesses. In later years, the brochure
will be distributed to new businesses and made available to the public

• 7.4. Construction Site Stormwater Runoff Control
In years one through five of the permit, the Village of Clemmons will rely on the Forsyth
County Erosion Control regulations and permitting process to reduce pollutants due to
stormwater runoff from construction activities. This program has already been adopted
and is in effect for Forsyth County, the City of Winston-Salem, and the Village of
Clemmons. The purpose of the procedures established by this program is to control
accelerated erosion and sedimentation from land disturbing activities in order to prevent
the pollution of water and other damage to lakes, watercourses, and other public and
other private property.
The Construction Site Stormwater Runoff Control measure requires that it land
disturbance of greater than or equal to one acre (including those disturbances which are
part of a large common plan of development that would disturb one or more acres) be
addressed by the program. The Forsyth County Erosion Control Ordinance satisfies this
requirement. The ordinance states that an erosion control plan be prepared and approved
for any land disturbing activity that:
• Exceeds twenty thousand (20,000) square feet in surface area on one tract for
construction of a single family dwelling, or
• Exceeds ten thousand (10,000) square feet in surface area on one tract for any
other purpose than a single family dwelling.
7.4.1. BMP Summary Table: See Table 7.4 at the end of this section.
7.4.2. Regulatory Mechanism: The Village has decided to use the Forsyth County
Erosion Control Ordinance which has been adopted as part of the Unified
Development Ordinances for Forsyth County as the appropriate regulatory
mechanism for this measure. This ordinance was chosen because of the need to
have legal authority to require sediment and erosion controls during construction
activities and to have legal authority to pursue whatever actions are necessary to
enforce the proper implementation of erosion control plans to reduce pollutants at
construction sites during storm water events. A copy of this ordinance is included
as Appendix C to this permit application.
7.4.2.1. This ordinance establishes the requirements and procedures for
construction site operators to implement appropriate erosion and sediment
control best management practices. The responsibility for administration
of the ordinance is that of the Forsyth County Superintendent of
Inspections. The ordinance requires:
• Development of erosion control plans that address the following
control objectives:
a) Identify and address on -site critical areas especially vulnerable
to damage from erosion and/or sedimentation.
Page 16

• b) Plan and conduct all land disturbing activity to minimize the
time of exposure,
c) Plan and conduct all land disturbing activity to minimize the
size of the area exposed at any one time,
d) Control surface water runoff originating upgrade of exposed
area to reduce erosion and sediment loss.
e) Plan and conduct all land disturbing activities to prevent off -
site sedimentation damage,
f) Manage storm water runoff velocity to minimize accelerated
erosion of the site and increased sedimentation of receiving
watercourse, and
g) Plan and conduct all land disturbing activity so as to protect
floodway and flood fringe areas.
The land disturbing activities shall incorporate the use of mandatory
standards including buffer zones, properly graded slopes, ground cover
and vegetation of slopes, encroachment limits in floodway and
floodway fringe areas.
• Review and approval of erosion control plans,
• Purchase of a permit for approved land disturbing activities,
• Plan and conduct land disturbing activity so that post construction ten
year storm runoff satisfies stated velocity criteria,
• Plan and conduct land disturbing activities so as to minimize the extent
and duration of disturbance of the stream channel, except when
justification for significant alteration to flow characteristics is
provided.
• Maintenance of temporary and permanent erosion and sedimentation
controls during construction and post construction.
• Improvement security in the form of an escrow account with the
Village Finance Director may be required of permit applications where
grading or vegetation removal impacts an area in excess of five acres,
• Inspections of land disturbing activities by the Superintendent of
Inspections,
• Penalties for civil and/or criminal violations of provisions in
ordinance.
7.4.2.2. The Village currently has an ordinance to control construction site litter
and debris. This ordinance will be expanded to cover concrete truck
washout and chemicals. The North Carolina Building Code requires that
Page 17

each construction site have sanitary facilities during construction and this
issue is enforced for Clemmons by the Forsyth County building
inspectors. A copy of the litter control ordinance is provided in Appendix
E of this document.
7.4.3. Plan Reviews: Persons conducting a land disturbing activity meeting the
requirements for permitting shall file three (3) copies of the erosion control plan
with the Superintendent of Inspections at least thirty (30) days prior to beginning
the activity. One copy of the erosion control plan will be retained by the
Superintendent of Inspections, one copy will be forwarded to the Forsyth Soil and
Water Conservation District, and one copy shall be kept at the job site. The
Forsyth Soil and Water Conservation District, within twenty (20) days of receipt
of any plan, or within such additional time as prescribed by the Superintendent of
Inspections, shall review the plan and submit its comments and recommendations
to the Superintendent of Inspections. The Superintendent of Inspections will
review each complete plan submitted to him/her and within thirty (30) days of
receipt will notify the person submitting the plan that it has been approved,
approved with modifications, approved with performance reservations, or
disapproved. Denial of a plan must specifically state in writing the reasons for
denial. The Superintendent of Inspections must approve or deny a revised plan
within fifteen (15) days of receipt, or is deemed to be approved.
• Approval of the Erosion Control Plan is conditioned on the applicant's
compliance with Federal and State water quality laws, regulations, and rules. A
copy of the Erosion Control Plan for any land disturbing activity that involves the
utilization of ditches for the purpose of de -watering or lowering the water table
must be forwarded to the Director of the Division of Water Quality. Any plan
submitted for a land disturbing activity for which an environmental document is
required by the North Carolina Environmental Policy Act (North Carolina
General Statute 113A-1) shall be deemed incomplete until a complete
environmental document is available for review.
Based on historical data, it is estimated that 50 erosion control plans will be
submitted for review per year from Clemmons. One hundred percent of these
plans will be reviewed by the Superintendent of Inspections. A process for
appealing plan disapproval or approval with modifications is provided for in the
Erosion Control Ordinance. Additionally, following commencement of a land
disturbing activity pursuant to an approved plan, if the Superintendent of'
Inspections determines that the plan is inadequate to meet the Erosion Control
Ordinance requirements, the Superintendent of Inspections may require revisions
to the plan as necessary for ordinance compliance.
7.4.4. Enforcement: Violation of the Erosion Control Ordinance by failing to conduct
land disturbing activities in accordance with an approved plan where one is
required will result in various sanctions as documented in the Ordinance. These
isanctions take the following forms:
Page 18

. BUILDING PERM ITICERTIFICATE OF OCCUPANCY WITHHELD
• No building permit shall be issued until the required temporary erosion
control measures are installed in accordance with the approved plan.
• No certificate of occupancy shall be issued or granted where required under
applicable subdivision or zoning regulations or other laws and ordinances
until the required erosion control measures have been completed in
accordance with a valid permit.
CIVIL PENALTIES
No penalty shall be assessed until the person has been notified of the violation by
registered or certified mail, return receipt requested, or other means to give actual
notice. The notice shall describe the violation, specify a reasonable time period to
correct the violation, and warn that failure to correct the violation within the
specified time period will result in the assessment of a civil penalty or other
enforcement action.
• Any person who commences grading activities without a permit where
required shall be subject to a penalty equal to double the normal permit fee,
not to exceed one thousand dollars ($1000).
• Any person violating any of the Erosion Control Ordinance provisions except
that of not submitting an erosion control plan shall be subject to a civil penalty
of not more than five thousand dollars ($5000). The Superintendent of
Inspections shall determine the amount of the civil penalty to be assessed by
taking into consideration the degree and extent of harm caused by the
violation and cost of rectifying the damage.
Notice of the assessment shall be by registered or certified mail or other means
reasonably calculated to give actual notice. If payment is not received or
equitable settlement not reached within thirty (30) days after demand for payment
is made, the matter will be referred to the Village Attorney for institution of a
civil action in the name of the Village of Clemmons.
CRIMINAL PENALTIES
Any person who knowingly or willingly violates the provisions in the Erosion
Control Ordinance, or rule or order adopted or issued pursuant to the Ordinance,
or knowingly or willfully initiates or continues a land disturbing activity for
which an erosion control plan is required but does not have an approved plan and
permit, shall be guilty of a Class ? misdemeanor which may include a fine not to
exceed five thousand dollars ($5,000).
7.4.5. Inspections: The Superintendent of Inspections shall have the power to conduct
investigations as he may reasonably deem necessary to carry out his duties. This
includes entering at reasonable times upon the property, public or private, for the
purpose of investigating and inspecting the sites of any ]and disturbing activity.
No person shall refuse entry or access to any authorized representative or agent of
the city who requests entry for purposes of inspection, and who presents
Sappropriate credentials.
Page 19

CJ
•
7.4.6. Public Information: Forsyth County has administered this program since its
inception and maintains public awareness of the program and its requirements.
7.4.7. Decision Process: The decision process for this minimum measure is the same as
for the Public Education and Outreach program. The rationale for this program is
to reduce the greatest source of surface water pollution, sediment, to the
maximum extent practicable. It is appropriate to note that the requirements
contained in Erosion and Sediment Control program administered by Forsyth
County in Clemmons significantly exceed the minimum requirements set forth by
the NPDES Phase lI program. In addition to the narrative above, a detailed
synopsis of the BMPs associated with the Construction Site Stormwater Runoff
Control program is contained in the BMP Summary Table for this Minimum
Measure. That table contains measurable goals and names responsible persons.
7.4.8. Evaluation: Forsyth County is responsible for the continual evaluation of this
Minimum Measure.
Page 20

0 0 0
Table 7.4. BNIP's and Measurable Goals for Construction Site Stormwater Runoff Control
BMP
Measurable Goals
YR
YR
YR
YR
YR
Responsible
1
2
3
4
5
Position Party
1
Construction Site Erosion
In years 1 through 5, contractors will be required to comply with the Forsyth
X
X
X
X
X
Contractor and
Control Plans
County Erosion Control Ordinance by preparing and submitting, at a minimum of
Forsyth County
30 days prior to the land disturbing activity, Erosion Control Plans to the
Superintendent
Superintendent of Inspections. The Forsyth County Superintendent of
of Inspections
Inspections shall review all submitted plans for compliance with the ordinance
and will coordinate this review with Forsyth Soil and Water Conservation. Upon
approval, the contractor is responsible for obtaining a permit for the land
disturbing activities.
2
Construction Site Inspections
In years 1 through 5, land disturbing construction sites shall be inspected for
X
X
X
X
X
Forsyth County
compliance with the Forsyth County Erosion Control Ordinance. The
Superintendent
Superintendent of Inspections is responsible for these inspections having the
of Inspections
authority to enter private and public properties to conduct the inspections as he
deems necessary to carry out his duties. If it is determined that the permitted
erosion control plan is inadequate to meet the Erosion Control Ordinance
requirements, the Superintendent of Inspections may require revisions to the
fan as necessary for compliance.
3
Erosion Control Plan
In years 1 through 5, whenever the Superintendent of Inspections has
X
X
X
X
X
Forsyth County
Enforcement
reasonable cause to believe that any person is in violation of the Erosion Control
Superintendent
Ordinance or any approved erosion control plan, sanctions ranging from
of Inspections
withholding building permits and certificates of occupancy to civil and possibly
criminal penalties will result. A notice of violation shall be served to the person
in noncompliance. If the person fails to comply within the specified time,
enforcement action shall be initiated.

7.5. Post -Construction Storm Water Management in New Development and
Redevelopment
In Years 1 and 2 of the Permit, the Village of Clemmons will develop a Post Construction
Stormwater Management Program to ensure that controls are in place that will prevent or
minimize water quality impacts from new development and redevelopment projects that
cumulatively disturb one acre or more, and from projects less than an acre that are part of
a larger common plan of development or sale that disturbs an acre or more. This
Program will be developed and submitted for approval by the NC DENR so that
implementation can occur not later than March 10, 2005, and continue from that time
throughout the permit period. An ordinance to be drafted by the Village and adopted by
Village Council will be the regulatory mechanism to accomplish this program. The
current Village Water Supply Watershed Protection Ordinance and Program will be
combined with the Post Construction Stormwater Management Program to create a
comprehensive ordinance and program that meets the needs of both programs.
The Village intends to defer to the NCDENR and NCDOT for the identification of
suitable structural BMPs to be used by developers, engineers and landscape architects to
meet the water quality goals for new development and redevelopment. Non-structural
BMPs will be identified and implemented, required, or encouraged as appropriate for the
situation. Structural and non-structural BMPs are identified in the BMP Summary Table
in Item 1 of this section.
The Village of Clemmons Post Construction Stormwater Management Program will
require the following:
7.5.1. Stormwater Management Options: The program shall require all subject
projects (as defined above) to apply for permit coverage (permit to be issued by
the Village) under one of the following:
7.5.1.1. Low Density Projects: Projects shall be permitted as low density if the
project meets the following:
7.5.1.1.1 No more than 2 dwelling units per acre or 24 percent built -
upon area (BUA) for all residential and non-residential
development;
7.4.1.1.1. Stormwater runoff from the development shall be transported
from -the development by vegetated conveyances to the
maximum extent practicable:
7.4.1.1.2. All BUA shall be at a minimum of 30 feet landward of all
perennial and intermittent surface waters. For the purpose of'
this Rule, a surface water shall be present if the feature is
approximately shown on either the most recent version of the
soil survey map prepared by the Natural Resources
Conservation Service of the United States Department of
Agriculture or the most recent version of the 1:24,000 scale
• (7.5 minute) quadrangle topographic maps prepared by the
Page 21

United States Geologic Survey (USGS). An exception to this
requirement maybe allowed when surface waters are not
present in accordance with the provisions of 15A NCAC 2B
.0233 (3)(a); and
7.4.1.1.3. The permit shall require recorded deed restrictions and
protective covenants to ensure that development activities
maintain the development consistent with the approved project
plans.
7.5.1.2. High Density Projects: Projects exceeding the low density threshold
(established above in low density section) shall implement stormwater
control measures that:
7.5.1.2.1. Control and treat the difference in stormwater runoff volume
leaving the project site between the pre- and post -development
conditions for the 1 year, 24 hour storm. Runoff volume
drawdown time shall be a minimum of 24 hours, but not more
than 120 hours;
7.5.1.2.2. All structural stormwater treatment systems used to meet the
requirements of the program shall be designed to have an 85%
average annual removal for Total Suspended Solids:
7.5.1.2.3. General Engineering Design Criteria for all projects shall be in
accordance with 15A NCAC 2H .1008(c);
7.5.1.2.4. All BUA shall be at a minimum of 30 feet landward of all
perennial and intermittent surface waters. For the purpose of
this Rule, a surface water shall be present if the feature is
approximately shown on either the most recent version of the
soi l survey map prepared by the Natural Resources
Conservation Service of the United States Department of
Agriculture or the most recent version of the 1:24,000 scale
(7.5 minute) quadrangle 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); and
7.5.1.2.5. The permit shall require recorded deed restrictions and
protective covenants to ensure that development activities
maintain the development consistent with the approved project
plans;
7.5.2. BMP Operations and Maintenance: BMP usefulness to achieve the purpose of'
reducing pollutants in surface waters is dependent on proper operation and
maintenance of the BMP. T'he program and ordinance will require proper
operation and ongoing maintenance for the life of the BMP. Operation and
maintenance agreements will be a prerequisite for site and project approvals and
• other means to assure adequate maintenance, such as bonding, may be used if
needed. Suitable BMP operations and maintenance will be enforceable through
Page 22

• civil and criminal penalties to be included in the Post Construction Stormwater
Management Ordinance. The program shall include a requirement that the owner
of a permitted structural BMP, submit annually to the local program, a
maintenance inspection report on each structural BMP. The inspection must be
conducted by a qualified professional.
7.5.3. Fecal Coliform Control: Village personnel will be trained to identify surface
water pollution from leaking on -site treatment systems for domestic wastewater
(septic tanks and nitrification fields). Where incidents of fecal coliform
contamination are discovered, the Forsyth County Health Department will be
notified to remedy the problem. Village personnel will follow up with the Forsyth
County Health Department to determine and document the resolution of these
incidents.
7.5.4. SA Waters: The Village of Clemmons does not contain or drain to SA (high
quality salt waters) waters.
7.5.5. TR Waters: The Village of Clemmons does not contain or drain to TR (public
mountain trout waters) waters.
7.5.6. NS Waters: The Village of Clemmons does not contain or drain to NS
(designated nutrient sensitive) waters.
• 7.5.7. Comprehensive Watershed Protection Plan: The concept of using a
Comprehensive Watershed Plan has not been considered for Clemmons. The
Johnson Creek watershed makes up a sizeable portion (approximately 30%) of the
Village and is primarily contained in the Village. A Comprehensive Watershed
Protection plan for this watershed may be suitable for consideration in meeting a
portion of the Post Construction Stormwater Management requirements. This
option will be investigated during Year I of the permit and a determination of
whether or not to pursue this approach will be made.
7.5.8. BMP Summary Table: See Table 7.5 at the end of this section.
7.5.9. Non -Structural BMPs:
7.5.9.1. In 2001, Forsyth County, Winston-Salem, and the small towns of
Forsyth County (including Clemmons) adopted "Legacy — A
Development Guideftir the New Century in Winslon-Salenr and Forsvtlr
Cowin,". This document and the development guidance it contains
seeks "to reduce sprawl, create a more compact and balanced urban
development pattern and preserve open space and rural character." Key
elements of this guide include directing growth to Municipal Service
Areas (MSAs) where public infrastructure and services are concentrated.
Clemmons currently relies on other programs such as the 401/404 permit
S programs. Water Supply Watershed Protection program, and State buffer
requirements to protect sensitive areas such as wetlands and riparian
Page 23

areas. We propose to merge the local Water Supply Watershed
Protection program into the Post Construction Stormwater Management
program and leave others unaffected. The Village does not have a
dedicated program for open space acquisition. The site plan
development review process will encourage (but not require beyond
what is contained in the State requirements) developers to minimize
impervious surfaces and to minimize disturbance of soils and vegetation.
In 1998, Clemmons adopted the "ClenunonsArea Development Guide"
as its guidance document for new development. As a part of its Land
Use guidelines, the Guide considers the following as conditions of site
plan approval:
• Discourage construction within 100' of streams, lakes or wetlands.
• Discourage development within floodplains.
Develop stormwater management plans to minimize runoff volumes
and pollutants.
Design in accord with natural drainage systems. Promote the use of
grassy swales and other bioengineering techniques for stormwater
management.
7.5.9.2. As described above, the Legacy document encourages infill
development in higher density urban areas, and areas with existing storm
• sewer infrastructure. The City -County Planning Board (CCPB) is
currently considering incentives to encourage developers to pursue infill
developments. When the County implements these incentives,
Clemmons will consider adoption.
7.5.9.3. Clemmons will promote education programs for developers and the
public about project designs that minimize water quality impacts as a
part of the Public Education and Outreach minimum measure.
7.5.9.4. Other measures such as minimization of the percentage of impervious.
area after development, use of measures to minimize directly connected
impervious areas, and source control measures often thought of as good
housekeeping, preventive maintenance and spill prevention will be
considered as components of the program.
7.5.10. Structural BMPs:
Storage practices such as wet ponds and extended -detention outlet structures will
be components of the program to the extent required by the State. Filtration
practices such as grassed swales, bioretention cells, sand filters and filter strips
will be encouraged through the site plan review process. Infiltration practices
such as infiltration basins and infiltration trenches will be encouraged through the
site plan review process. Generally, the Village will not require engineers or
developers to use specific BMPs. The Village will allow BMPs approved by The
North Carolina Department of Transportation and the North Carolina Department
Page 24

of Environment and Natural Resources. Proprietary BMPs approved by these
entities will also be allowed.
7.5.11. Regulatory Mechanism: The Village will adopt an ordinance to implement the
Post Construction Stormwater Management program. An ordinance was chosen
as the appropriate regulatory mechanism because of the need to have legal
authority to require compliance with the program and to have legal authority to
pursue whatever actions are necessary to achieve compliance. This ordinance
does not currently exist and must be crafted, reviewed, adopted, and implemented.
The schedule for this process is to develop and review the ordinance in year 1 of
the program, and adopt and implement in year 2.
7.5.12. BMP Operation and Maintenance: See item 7.5.2 above.
7.5.13. Decision Process: The decision process for this minimum measure is the same as
for the Public Education and Outreach program. The rationale for this program is
to reduce surface water pollution from new and re -development to the maximum
extent practicable by implementing a program as outlined above. The notable
priority areas that will justify close attention center around the lakes and ponds in
the Village. In the past, these water bodies have experienced sedimentation that
reduces water quality and storage capacity. In addition to the narrative above, a
detailed synopsis of the BMPs associated with the Post Construction Stormwater
• Management in New Development and Redevelopment program is contained in
the BMP Summary Table for this Minimum Measure. That table contains
measurable goals and names responsible persons.
7.5.14. Evaluation: In addition to the measurable goals outlined in the BMP Summary
Table and above narrative, the Village will maintain records of all stormwater
problem reports, investigations and resolutions. Comparisons will be made from
year to year to identify any trends or changes to this aspect of the stormwater
program. Additionally, regular dialogue will be maintained with other local
governments regarding the successes and problems with similar efforts for this
minimum measure. Results of the records, analyses, and discussions with other
local government officials will be used to fine-tune subsequent activities to ensure
that maximum impact is being achieved for this minimum measure.
Page 25

• • •
Table 7.5. BNIP's and Measurable Goals for Post Construction Stormwater Management in New Development &
Redevelopment
BMP
Measurable Goals
YR
YR
YR
YR
YR
Responsible
1
2
3
4
5
Position/Party
1
Post -Construction Stormwater
Develop in Year 1 criteria and strategies to manage post construction discharges
X
Village Manager
Management Strategies
into the MS4, that identifies structural and non-structural BMPs to
prevent/minimize water quality impacts, that addresses long-term operation and
maintenance of BMPs, that incorporate the Village's Water Supply Watershed
Reclulations, and that address other Stormwater management needs.
2
Stormwater Management
In Year 1, develop an ordinance to manage post construction stormwater runoff
X
X
X
X
X
Village Manager
Ordinance
from new and redevelopment. Adopt and implement this ordinance in Year 2,
not later than March 14 2005.
3
Stormwater Management
In Year 2, develop and perform a briefing of the ordinance and its criteria and
X
Village Manager
Ordinance Education
requirements for local contractors, engineers, landscape architects, and
developers.
4
Stormwater Management
In Year 2, develop an administrative process by which the Stormwater
X
Village
Enforcement
Management Ordinance can be implemented and enforced for new and
Manager/Public
redevelopment that disturbs an acre or more.
Works Director
5
Structural Stormwater BMP
In Year 2, develop and implement policies and procedures (including checklists,
X
X
X
X
Public Works
Operations & Maintenance
reporting forms, and sample covenants and agreements) to ensure structural
Director
stormwater BMPs are operated and maintained properly.
6
Stormwater BMP Inspection
In Year 2, develop and implement policies and procedures (including a tracking
X
X
X
X
Public Works
system, checklists, and reporting forms) to inspect stormwater BMPs at least
Director
annually.
7
Fecal Coliform Control
In coordination with Forsyth County Health Department, in Year 2, develop and
X
X
X
X
Village Manager
implement an oversight program to ensure proper operation and maintenance of
on -site wastewater treatments stems.

• 7.6. Pollution Prevention/Good Housekeeping for Municipal Operations
7.6.1. BMP Summary Table: See Table 7.6 at the end of this section.
7.6.2. Affected Operations: As a small municipality, the Village of Clemmons does
not own any large facilities or properties and does not own any industrial that
have or are required to have NPDES permits. The Village Public Works Center is
a small, maintenance -type facility on about 3.7 acres at 3900 Dillon Industrial
Drive at the south end of the Village. At this facility, the Village headquarters it's
small Public Works staff and stores and maintains equipment and materials used
in limited Public Works activities. The other major holding of the Village is the
Village Hall property at 3715 Clemmons Road consisting of the Village Hall,
offices and parking lots on 1.6 acres. The Village does not own or operate water
or wastewater treatment facilities, solid waste collection or management facilities,
or a public transportation system. The Public Works Department primarily does
limited maintenance on the approximately 66 miles of Village owned streets and
rights -of -way within the Village.
7.6.3. Training: The Village will undertake a training program to ensure Village
employees, particularly maintenance staff, are knowledgeable about stormwater
quality issues. Currently no training in this area is being performed and no lesson
plans or training aids have been assembled. We anticipate this material will be
prepared starting in Year 2. Topics to be addressed are anticipated to include
vehicle and building maintenance activities, lawn and landscaping activities,
parking lot maintenance, new construction and land disturbing activities, drainage
system maintenance, and sediment and debris disposal. Employees will be
informed about outreach activities directed at the public and will be involved from
time to time with those activities.
7.6.4. Maintenance and .Inspections: Specific maintenance activities, schedules,
procedures, checklists, reporting forms, etc. have not been developed. These will
be developed and used beginning in Year 2. in addition to maintenance of
Village properties, maintenance and inspection activities will include the
Village's rights -of -way. Starting in Year 2, at least 10% annually of the drainage
system within the Village rights -of -way will be cleaned and restored as needed.
This will be to restore existing capacity and not necessarily an upgrade or increase
in capacity. Also starting in Year 2, at least 25% of the right-of-way drainage
system will be inspected annually to identify any major deficiencies. Following
each major rainfall event or at least once quarterly, the Public Works Department
will inspect all curb and gutter inlets and outfalls to detect major deficiencies or
maintenance problems.
7.6.5. Vehicular Operations: Maintenance procedures and responsibilities will be
developed and implemented in Year 2 to manage pollutants from municipal
parking lots and maintenance and equipment storage yards. Pollutants to be
Page 26

® addressed will include trash and debris, petroleum products, and vehicular -
consumable byproducts (anti -freeze, brake linings, tire wear, etc.).
7.6.6. Waste Disposal: Generally, wastes from current operations and maintenance of
stormwater facilities on Village property and in the Village right-of-way consists
of sediments, organic materials, floatables and other debris. Disposal of these
wastes is handled in a manner consistent with other, similar wastes, for example
sediments may be recycled as fill or landscaping material, organic materials
(leaves, tree limbs, etc.) may be recycled as mulch, and floatables and debris may
be landfilled. In Year 2 of the Program, a waste disposal plan will be developed
for wastes generated from stormwater system operations and maintenance.
Following development, the plan will be implemented for the remainder of the
permit period.
7.6.7. Flood Management Projects: Currently there are no significant flood
management projects in Clemmons. The Village is situated geographically in
such a way that there are unlikely to be any significant flood projects in the
foreseeable future. In this situation, the Village does not see the need to develop a
program or process to deal with water quality aspects of flood management
projects.
7.6.8. Existing ordinances: Existing ordinances have been reviewed by the Village
• Manager for potential modification to address stormwater issues. The only
ordinance that is proposed for modification is the Water Supply Watershed
Protection ordinance. Another potential ordinance that was previously
considered, but not yet adopted, deals with development standards to mitigate
stormwater quantity and quality impacts. These ordinances, and possibly others,
will be considered for modification or incorporation into ordinances that are a part
Of this program. The process for this decision will be as follows: 1. Draft
ordinance development or modification will be performed by the Village
Manager; 2. Proposed changes or additions will be reviewed by a Stormwater
Committee made up of citizens; 3. Proposed changes or additions will be
presented to Village Council for review and comments; 4. A public hearing will
be held to receive public comment; and 5. Finally, the ordinance will be acted
upon by Council, either to adopt, modify and adopt, or discard.
7.6.9. Other evaluations: No other evaluations were performed.
7.6.10. Decision Process: The decision process for this minimum measure is the same as
for the Public Education and Outreach program. The rationale for this program is
to reduce surface water pollution from new and re -development to the maximum
extent practicable by implementing a program as outlined above. The notable
priority areas that will justify close attention center around the lakes and ponds in
• the Village. In the past, these water bodies have experienced sedimentation that
reduces water quality and storage capacity. In addition to the narrative above, a
Page 27

0
detailed synopsis of the BMPs associated with the Post Construction Stormwater
Management in New Development and Redevelopment program is contained in
the BMP Summary Table for this Minimum Measure. That table contains
measurable goals and names responsible persons.
7.6.11. Evaluation: The Village will rely on the measurable goals outlined in the BMP
Summary Table and above narrative to evaluate this Minimum Measure.
Page 28

0 0 0
Table 7.6. BNIP's and Measurable Goals for Pollution Prevention/Good Housekeeping for Municipal Operations
BMP
Measurable Goals
YR
YR
YR
YR
YR
Responsible
1
2
3
a
5
Position Party
1
Village Facility & Operations
Identify municipal facilities and operations that can have an impact on
X
Public Works
Identification
stormwater runoff quality or quantity and describe/quantify activities that
Director
potentially contribute pollutants to stormwater runoff. Identify operational BMPs
suitable to reduce pollutant discharge.
2
Village Facility Operations &
Develop and implement operations and maintenance plans for municipal facilities
X
Public Works
Maintenance Plans
and municipally owned stormwater facilities on Village property and in public
Director
rights -of -way that includes activities, schedules, inspection procedures, and
checklists with the ultimate goal of preventing and reducing pollutant runoff.
3
Training
In Year 2 identify, collect, and/or develop operations and maintenance training
X
X
X
X
Public Works
materials for use by Village staff and use that material in Years 2 through 5 to
Director
perform uarterly training for pollution prevention and good housekee in .
4
Waste Disposal
In Year 2 develop and in Years 2 through 5 implement a plan for disposal of
X
X
X
X
Public Works
wastes generated from stormwater maintenance activities.
Director
5
Right -of -Way Maintenance and
Perform maintenance on the M54 in 10% of the Village's right-of-way. Inspect
X
X
X
X
Public Works
Inspection
25% of the M54 structures in the Village's right-of-way. Inspect curb and gutter
Director
inlets and outfalls within 48 hours of major storm events and at least once each
CY quarter
6
Village Facility BMPs (design)
Starting in Year 2 identify a structural BMP (if needed) to enhance the quality of
X
X
X
X
Public Works
runoff from Village facilities. Prepare engineering plans, obtain permits, prepare
Director
cost estimates and bud et for construction in the following year.
7
Village Facility BMPs
Starting in Year 3 construct BMPs planned in the previous year.
X
X
X
Public Works
construction
Director

• a •
Table 2.1 Yadkin River Basin
Receiving Stream
Name
Description
Stream
Segment
Water Quality
Classification
Use Support
Rating
Water Quality
Issues
Yadkin River From Davie County water supply intake to
12 - (86.7)
WS-IV11
Supporting
Notable Impact
point 0.5 mile upstream of Carters Creek
Turbidity
Yadkin River - Unnamed Tributaries (per USGS Map)
YR-IB (Ingram's Branch) From source to Yadkin River 0.2 mile
None
Not
Not Rated
south of Forsyth County water supply
Identified
Classified
intake on Yadkin River
YR-IB-E1 From source to Ingram's Branch (YR-IB)
None
Not
Not Rated
about 200 feet upstream into Village of
Identified
Classified
Clemmons limits near Tanglewood Park
YR-El From source to Yadkin River 0.2 mile
None
Not
Not Rated
downstream of US 158
Identified
Classified
YR-E2 From source to Yadkin River 0.5 mile
None
Not
Not Rated
upstream of Blanket Creek (just within
Identified
Classified
Village of Clemmons limits)
Blanket Creek (and Lasater Lake) From source to Yadkin River
12 - 90
WS-IVA
SupportingA
Blanket Creek - Unnamed Tributaries (per USGS Map)
BC-W1 From source to Lasater Lake
None
Not
Not Rated
(west most tributary on north side of Lake)
Identified
Classified
BC-W2 From source to Lasater Lake
None
Not
Not Rated
(north central tributary to Lake)
Identified
Classified
BC -El From source to Lasater Lake
None
Not
Not Rated
(southern tributary to Lake)
Identified
Classified
BC-E2 Entire eastern tributary to Blanket Creek
None
Not
Not Rated
(confluence with Blanket Creek 0.5 mile
Identified
Classified
north of Lasater Lake)
BC-W3 Entire western tributary to Blanket Creek
None
Not
Not Rated
(confluence with Blanket Creek at
Identified
Classified
Peace Haven Rd)
Page 1 of 5

•
0
Table 2.1 Yadkin River Basin
Receiving Stream
Name
Description
Stream
Segment
Water Quality
Classification
Use Support
Rating
Water Quality
Issues
Blanket Creek - Unnamed Tributaries (per USGS Map)
continued
BC-W4
Entire western tributary to Blanket Creek
None
Not
Not Rated
(confluence 0.5 mile upstream of Peace
Identified
Classified
Haven Rd crossing of Blanket Creek)
BC-E3
Entire eastern tributary to Blanket Creek
None
Not
Not Rated
(confluence 0.6 mile upstream of Peace
Identified
Classified
Haven Rd crossing of Blanket Creek)
BC-W5
Entire western tributary to Blanket Creek
None
Not
Not Rated
(confluence 0.4 mile downstream of Harper
Identified
Classified
Rd crossing of Blanket Creek)
BC-E4
Entire eastern tributary to Blanket Creek
None
Not
Not Rated
(confluence with Blanket Creek at
identified
Classified
Harper Rd)
BC-E5
Entire eastern tributary to Blanket Creek
None
Not
Not Rated
(confluence 0.5 mile upstream of Harper
Identified
Classified
Rd crossing of Blanket Creek)
BC-E6
Entire eastern tributary to Blanket Creek
None
Not
Not Rated
(confluence 0.7 mile upstream of Harper
Identified
Classified
Rd crossing of Blanket Creek)
BC-W6
Entire western tributary to Blanket Creek
None
Not
Not Rated
(confluence 0.5 mile downstream of
Identified
Classified
Hwy 421 crossing of Blanket Creek)
BC-E7
Entire eastern tributary to Blanket Creek
None
Not
Not Rated
(confluence 0.1 mile downstream of
Identified
Classified
Hwy 421 crossing of Blanket Creek)
Johnson Creek
From Source to Yadkin River
12 - 91
WS-IVA
Supporting"
Mallard Lake
Entire lake and connecting stream
12 - 91 - 1
WS-IVA
SupportingA
to Johnson Creek
Page 2 of 5

0
Table 2.1 Yadkin River Basin
Receiving Stream
Name
I Description
Stream
Segment
Water Quality
Classification
Use Support
Rating
Water Quality
Issues
Johnson Creek - Unnamed Tributaries (per USGS Map)
JC-N1
Entire northern tributary to Johnson Creek
None
Not
Not Rated
(confluence 0.1 mile upstream of Johnson
Identified
Classified
Creek confluence with Yadkin River)
JC-N2
Entire northern tributary to Johnson Creek
None
Not
Not Rated
including Lea Lake, Meadow Lake and
Identified
Classified
Brook Lake in Village of Clemmons
(confluence 1 mile upstream of Johnson
Creek confluence with Yadkin River)
JC-S1
Entire southern tributary to Johnson Creek
None
Not
Not Rated
(confluence 0.1 mile upstream of Johnson
Identified
Classified
Creek crossing of Tanglebrook Trail in
Village of Clemmons)
JC-S2
Entire southern tributary to Johnson Creek
None
Not
Not Rated
(confluence 0.2 mile upstream of Johnson
Identified
Classified
Creek crossing of Tanglebrook Trail in
Village of Clemmons)
JC-N3
Entire northern tributary to Johnson Creek
None
Not
Not Rated
(confluence with Johnson Creek located
Identified
Classified
at Roquemore Rd in Village of Clemmons)
JC-N4
Entire northern tributary to Johnson Creek
None
Not
Not Rated
(confluence 0.6 mile downstream of
Identified
Classified
Johnson Creek crossing of Bickerstaff Rd
in Village of Clemmons)
JC-S3
Entire southern tributary to Johnson Creek
None
Not
Not Rated
(confluence 0.2 mile downstream of
Identified
Classified
Johnson Creek crossing of Middlebrook Dr
in Village of Clemmons)
Page 3 of 5

Table 2.1 Yadkin River Basin
Receiving Stream
Name
Description
Stream
Segment
Water Quality
Classification
Use Support
Rating
Water Quality
Issues
Muddy Creek
From source to Forsyth -Davidson Co Line
12 - 94 - (0.5)
CA
Newly Impaired g
Elevated nutrients,
turbidity and
fecal coliform
Muddy Creek - Unnamed Tributaries (per USGS Map)
primarily
MC-W1
Entire western tributary to Muddy Creek
None
Not
Not Rated
attributed to
(confluence 0.6 mile downstream of
Identified
Classified
nonpoint source
Muddy Creek crossing of railroad tracks at
runoff from
Village of Clemmons eastern limits)
construction sites
and developed
MC-W2
Entire western tributary to Muddy Creek
None
Not
Not Rated
areas
(confluence slightly north of the
Identified
Classified
Muddy Creek crossing of railroad tracks at
Village of Clemmons eastern limits)
MC-W3
Entire western tributary to Muddy Creek
None
Not
Not Rated
including small lakes and ponds
Identified
Classified
(confluence slightly north of the
Muddy Creek crossing of railroad tracks at
Village of Clemmons eastern limits)
MC-W4
Entire western tributary to Muddy Creek
None
Not
Not Rated
(confluence 0.35 mile upstream of
Identified
Classified
Muddy Creek crossing of railroad tracks at
Village of Clemmons eastern limits)
MC-W5
Entire western tributary to Muddy Creek
None
Not
Not Rated
(confluence 0.7 mile upstream of
Identified
Classified
Muddy Creek crossing of railroad tracks at
Village of Clemmons eastern limits)
MC-W6
Entire western tributary to Muddy Creek
None
Not
Not Rated
(confluence 0.6 mile downstream of
Identified
Classified
Muddy Creek crossing of 140)
MC-W7
Entire western tributary to Muddy Creek
None
Not
Not Rated
(confluence located slightly north of Muddy
Identified
Classified
Creek crossing of 140)
Page 4 of 5

Table 2.1 Yadkin River Basin
Receiving Stream
Name
Description
Stream
Segment
Water Quality
Classification
Use Support
Rating
Water Quality
Issues
Muddy Creek - Unnamed Tributaries (per USGS Map)
continued
MC-W8
Entire western tributary to Muddy Creek
None
Not
Not Rated
(confluence located 0.1 mile upstream of
Identified
Classified
Muddy Creek crossing of Peace Haven Rd)
MC-W9
Entire western tributary to Muddy Creek
None
Not
Not Rated
(confluence located 0.4 mile upstream of
Identified
Classified
Muddy Creek crossing of Peace Haven Rd)
MC-W10
Entire western tributary to Muddy Creek
None
Not
Not Rated
(confluence located 0.7 mile downstream of
Identified
Classified
Muddy Creek crossing of Hwy 421)
MC-W11
Entire western tributary to Muddy Creek
None
Not
Not Rated
(confluence located 0.3 mile downstream of
Identified
Classified
Muddy Creek crossing of Hwy 421)
A- Data Source - NC DENR - Division of Water Quality - NC Water Quality Assessment and Impaired Waters List (2002 Integrated 305(b) and 303(d) Report)
Dated February 2003 and Identified as Provisional Final
e- Data Source - NC DENR - Division of Water Quality - Yadkin -Pee Dee River Basinwide Water Quality Plan - Draft - December 2002
Page 5 of 5

Establishment of NPDES Phase II
Stormwater Steering Committee
Membership: Nine members; including chairmanship by Clemmons' Mayor as directed by the
Clemmons' Council, one member of the Planning Board, and seven at -large members of the
Clemmons community. A nonresident community member is acceptable if representing a
specific stakeholder group. Ex-officio member: village manager.
Purpose: To make sufficient applicable study and recommendation to the Clemmons Council
appropriate storm water policies in preparation for permit application in accordance with the
Environmental Protection Agency (EPA) Stormwater Protection Plan, Phase 1I.
Guidance: The permit application must be submitted no later than March 10, 2003. Phase 1I
requirements from the EPA require the affected jurisdictions meet six minimum requirements,
with applicable measurable goals, in developing a comprehensive stormwater management plan
that reduces to the maximum extent practicable pollutants from entering surface waters. Rules
that impact the EPA requirements are forthcoming from the North Carolina Environmental
Management Commission (EMC). The EMC rules and Clemmons' Community needs must be
considered and adhered to for permit application. Public opinion must be considered in
preparing a comprehensive stonnwater plan which will become a component of the EPA pernlit
application.
The committee will review the six minimum measures as directed by the EPA and
determine the appropriate level of stormwater plan needed by the community. Cooperation with
• other local agencies and jurisdictions is encouraged in meeting Plan requirements.
Duration: Committee will terminate after successful approval of the Phase II Pen -nit by the
permitting agency (North Department of Environment and Natural Resources.)
•
Meetings: Schedule will be determined by the committee at the initial meeting. Meetings are
subject to North Carolina Open Meetings Law. Minutes shall be recorded and maintained in
accordance with the Public Records laws by the Village Clerk.
Participation: Members failing to attend three consecutive meetings without Chair consent are
subject to replacement by the Council.
Facilitation: provided by Jewell Engineering per contract with Village of Clemmons.
Stornwater Steering Committee Guidance Document
May 2002

r�
•
•

0
SPECIAL MEETING OF
THE VILLAGE OF CLEMMONS
PHASE If STORMWATER COMMITTEE
DATE; Thursday, May 30, 2002
TIME: 7:00 p.m.
PLACE: Village Hail
PURPOSE: Introduction to Urban Stormwater Management (Quantity)
cc: Mayor and Council
Doug Jewell
Wanda Davidson
Gary Looper
Spencer Greene
Tim Dillard
Paul McGill
Clemmons Courier
Kevin Mericle
Clemmons Journal
Bob Sipprell
WXII
Mark Smith
WFDD
Neal Tucker
NWPCOG
Karl Uhlig
Chuck Foltz
Nat Swanson
By direction of
William C. McGee, Jr.
Mayor
1
`Marsha Sucharski
Village Clerk

•
REGULAR MEETING OF
THE VILLAGE OF CLEMMONS
PHASE II STORMWATER COMMITTEE
DATE: Monday, June 17, 2002
TRAE: 7:00 p.m.
PLACE: Village Hall
PURPOSE: Introduction to Urban Stormwater Management (Quality) including Stormwater
Best Management Practices (BMP's).
cc: Mayor and Council
Doug Jewell
Wanda Davidson
Gary Looper
Spencer Greene
Tim Dillard
Paul McGill
Clemmons Courier
Kevin Mericle
Clemmons Journal
Bob Sipprell
WXII
Mark Smith
WFDD
Neal Tucker
NWPCOG
Karl Uhlig
Chuck Folds
Nat Swanson
By direction of. -
William C. McGee, Jr. C
Mayor
Marsha Sucharski
Village Clerk

. REGULAR MEETING OF
THE VILLAGE OF CLEMMONS
PHASE H STORMWATER COMMITTEE
•
E
DATE: Monday, July 15, 2002
TDvfE: 6:00 p.m.
PLACE: Village Hall
PURPOSE: Stormwater Regulations — Quality (NPDES Phase H Rule Overview) & Quantity
cc: Mayor and Council
Gary Looper
Wanda Davidson
Tim Dillard
Spencer Greene
Clemmons Courier
Paul McGill
Clemmons Journal
Kevin Mericle
WXII
Bob Sipprell
WFDD
Mark Smith
NWPCOG
Neal Tucker
Chuck Folds
Karl Uhlig
Nat Swanson
Doug Jewell
Samir Shah
By direction of:
William . McGee, Jr.
Mayor
r
Marsha Sucharski
Village Clerk

•
REGULAR MEETING OF
THE VH LAGE OF CLEMMONS
PHASE II STORMWATER COMMITTEE
DATE: Monday, July 29, 2002
TDAE: 6:00 p.m.
PLACE: Village Hall
PURPOSE: Program Development — Public Education & Outreach, Public Involvement &
Participation and Local Policies and Ordinances
cc: Mayor and Council
Gary Looper
Wanda Davidson
Tim Dillard
Spencer Greene
Clemmons Courier
Paul McGill
Clemmons Journal
Kevin Mericle
YOGI
Bob Sipprell
WFDD
Mark Smith
NWPCOG
Neal Tucker
Chuck Folds
Karl Uhlig
Nat Swanson
Doug Jewell
Samir Shah
By direction of:
William C. McGee, Jr.
Mayor
Marsha Sucharski
Village Clerk

e
REGULAR MEETING OF
THE VILLAGE OF CLEMMONS
PHASE 11 STORMWATER COMMITTEE
DATE: Wednesday, August 14, 2002
TIME: 7:30 p.m.
PLACE: Village Hall
PURPOSE: Program Development — Illicit Discharge Detection & Elimination
M. Mayor and Council
Gary Looper
Wanda Davidson
Tim Dillard
Spencer Greene
Clemmons Courier
Paul McGill
Clemmons Journal
Kevin Mericle
WXII
Bob Sipprell
WFDD
Mark Smith
NWPCOG
Neal Tucker
Chuck Folds
Karl Uhlig
Nat Swanson
Doug Jewell
Samir Shah
By direction of
William C. Mcbe , Jr.
Mayor
Marsha Sucharski
Village Clerk

f�
0
REGULAR MEETING OF
THE VILLAGE OF CLEMMONS
PHASE H STORMWATER COMMITTEE
DATE: Thursday, August 29, 2002
TEgE: 7:00 p.m.
PLACE: Village Hall
PURPOSE: Program Development — Sediment & Erosion Control, Pollution Prevention &
Good Housekeeping
cc: Mayor and Council
Gary Looper
Wanda Davidson
Tim Dillard
Spencer Greene
Clemmons Courier
Paul McGill
Clemmons Journal
Kevin Mericle
WXII
Bob Sipprell
WFDD
Mark Smith
NWPCOG
Neal Tucker
Chuck Folds
Karl Uhlig
Nat Swanson
Doug Jewell
Samir Shah
By direction of:
William C. McGee, Jr.
Mayor
Marsha Sucharsk,
Village Clerk

•
REGULAR MEETING OF
THE VILLAGE OF CLEMMONS
PHASE H STORMWATER COMMITTEE
DATE: Thursday, October 10, 2002
TMIE: 6:00 p.m.
PLACE: Village Hall
PURPOSE: Program Development — Post -Construction Stormwater Runoff
cc: Mayor and Council
Gary Looper
Wanda Davidson
Tim Dillard
Spencer Greene
Clemmons Courier
Paul McGill
Clemmons Journal
Kevin Mericle
WXII
Bob Sipprell
WFDD
Mark Smith
NWPCOG
Neal Tucker
Chuck Folds
Karl Uhlig
Nat Swanson
Doug Jewell
Samir Shah
By direction of:
L�
William C. McGee, Jr.
Mayor
Marsha Sucharski T
Village Clerk

•
49
REGULAR MEETING OF
THE VILLAGE OF CLEMMONS
PHASE H STORMWATER COMMITTEE
DATE: Monday, October 21, 2002
TDAE: 7:00 p.m.
PLACE: Village Hall
PURPOSE: Program Development — Post -Construction Stormwater Runoff
CC' Mayor and Council
Gary Looper
Wanda Davidson
Tim Dillard
Spencer Greene
Clemmons Courier
Paul McGill
Clemmons Journal
Kevin Mericle
WXII
Bob Sipprell
WFDD
Mark Smith
NWPCOG
Neal Tucker
Chuck Folds
Karl Uhlig
Nat Swanson
Doug Jewell
Samir Shah
By direction of:
William C. McGee, Jr.
Mayor
Marsha Sucharski
Village Clerk

• REGULAR MEETING OF
THE VILLAGE OF CLEMMONS
PHASE 11 STORMWATER COMMITTEE
0
0
DATE: Wednesday, December 11, 2002
TIME: 7:00 p.m.
PLACE: Village Hall
PURPOSE: Review post -construction element and entire stormwater program.
cc: Mayor and Council
Gary Looper
Wanda Davidson
Tim Dillard
Spencer Greene
Clenunons Courier
Paul McGill
Clemmons Journal
Kevin Mericle
WXII
Bob Sipprell
WFDD
Mark Smith
NWPCOG
Neal Tucker
Chuck Folds
Karl Uhlig
Nat Swanson
Doug Jewell
Samir Shah
Mayor
4
Marsha E. Sucharski, CMC
Village Clerk

t REGULAR MEETINJG OF
THE VILLAGE OF CLEMMONS
PHASE II STORMWATER COMMITTEE
•
•
DATE: Monday, January 6, 2003
TDAE: 7:00 p.m.
PLACE: Village Hall
PURPOSE: Review Stormwater Management Program Five -Year Plan
cc: Mayor and Council
Gary Looper
Wanda Davidson
Tim Dillard
Spencer Greene
Clemmons Courier
Paul McGill
Clemmons Journal
Kevin Mericle
WXII
Bob Sipprell
WFDD
Mark Smith
NWPCOG
Neal Tucker
Chuck Folds
Karl Uhlig
Nat Swanson
Doug Jewell
Samir Shah
By direction
Edward Y.
Mayor
Marsha E. Sucharski, CMC
Village Clerk

Clemmons, N. C. Feb. 7 , 20 03
jft Village of Clemmons
P . 0. Box 1 71 0
Clemmons, N. C. 27012-
1710
Courier
P.O. Box 765 Clemmons, NC 27012
Forth Carolina
NORTH CAROLINA
Forsyth County
Village of Clemmons
FORSYTH COUNTY AFFIDAVIT OF PUBLICATION
Notice of Public Bearing :• .
Notice is hereby given in actor-
the requirements of ap-
Before the undersigned, a Notary Public of said County and State, duly commis -
dance with
law that the Village of
sinned, qualified, and wAhorizrd by law to administer oaths, personally appeared
plicable
Council will hold a Public
Dwight A. Sparks, who, beingfirst duly sworn. deposes
eces and sa s That he is Editor
Clemmons
the Village Hall,
of The Courier, issued and entered as second class mail in the town of
Hearing in
North Carolina, at 7:00 !
Clemmons, in said Counry and State: that he is authorized to make this affidavit
Clemmons,
Monday, February 10. 2003
and sworn statement: that the notice or other legal advertisement, a true copy of
p.m. on
on the following matter:
which is attached hereto. was published in The Courier on the following dates:
To consider the proposed Com-
prehensive Stormwate r Management I
- —
Plan to lulfilt the requirements of the
and that the said newspaper in which such notice, paper, document, or legal adver-
Environmental Protection Agency's
tisement was published was, at the time of each and every such publication, a
National Pollution Discharge Elimina-
newspaper meeting all of the requirements and qualifications of Section 1-597 of
tion System (NPDES) Phase 11 Wa-
the Gen tatutcs of North Carolina and was a qualified newspaper within the
ter Pollution Control Program. The
n 1-597 of the General Statutes of North Carolina. eo
`-
stormwater management plan in-
eludes alive -year program designed
o r
h .. .... da3..... rroh p2`
to meet the NPDES requirements for
to op
Q Q�3 u
?°4op�'
C52
submitting Clemmons' Permit
.�
aisle a Municipal Separate Storm
in accordance with
Signature;ol�mmaljng affidavit (:_Sewer
Q�,CI ? g,Federal
System
EPA Regulations no later
0
Swom to and subscribed befo dAthan
March 10, 2003. The proposed h
management plan is j
k o c,qstormwater
This.7.�.... day of ........:........ 30.... o
available for review at the Village Hall,
�1_ U-r�,J
a-..�1 `��yr- Notary Public
3710 Clemmons Road, Clemmons,
F
North Carotina.
not
The Village o1 Clemmons does...
fro
My Commission Expires ........{"...: .Zr...... 20 ..... 7
��
discriminate on the basis of race, Sex,
color, age, national origin, religion, or .
disability in its employment opportu-
nities, programs, services or activi-
ties.
All requests for appropriate and
necessary auxiliary aids and services
must be made within 72 hours prior
to the hearing by calling the Village
Hell at [phone].
By Direction of the Village of
Clemmons Council, Marsha
Sucharski, Village Clerk
Village of Clemmons
P.O. Box 1710
Clemmons, NC 27012
[phone]
1/3012tn
0

•
•
C.

Village of Clemmons
Phase lI Stormwater Committee
May 20, 2002 Meeting
The Phase lI Stormwater Committee met on Monday, May 20, 2002 at 7 p.m. for its
organizational meeting. The meeting was held at the Village Hall, Clemmons, North Carolina.
The following members were present: Mayor Bill McGee, Wanda Davidson, Spencer Greene,
Paul McGill, Kevin Mericle, Bob Sipprell, Mark Smith, Neal Tucker, and Karl Uhlig. There
were no members absent. Also present were: Doug Jewell, P.E., of Jewell Engineering
Consultants, Manager Gary Looper, and Tim Dillard, from Clemmons Public Works.
Call to Order
With a quorum present, Mayor McGee called the meeting to order as scheduled. Each
member of the committee introduced themselves.
Purpose and Background Information
Manager Looper stated that the purpose of the committee is to develop a National
Pollutant Discharge Elimination System (NPDES) Phase II Permit application to enable
Clemmons to operate a stormwater drainage system. The application addresses six (6) minimum
control measures. A handout was distributed to the members to give an overview of the Phase II
Stormwater Program.
4DDoug Jewell provided background information to the committee on stormwater
management. Federal and State mandates require Clemmons to manage water runoff from
rainfall and storm events. Stormwater management addresses two objectives: water quality and
water quantity. By reducing pollutants, erosion, and sediment from entering receiving waters,
ongoing negative environmental impacts to water supplies will be reduced and through time,
environmental damage mitigated. By anticipating for water runoff, Clemmons will be better
prepared to reduce flood hazards.
The NPDES Phase 11 Permit must be submitted by March 10, 2003. The term of the
permit is five (5) years with implementation of the stormwater management program over that
time period. Annual reporting is also required during this five (5) year period.
Meeting Schedule
Doug Jewell distributed a proposed meeting/activities schedule to the members (attached
hereto as Exhibit A and incorporated as a part of the minutes). The following four (4) meetings
were scheduled as follows:
May 30, 2002 at 7 p.m. Introduction to Urban Stormwater Management (Quantity)
.tune 17, 2002 at 7 p.m: Introduction to Urban Stormwater Management (Quality)
including Stormwater BMPs
July 15, 2002 at 6 p.m. Stormwater Regulations — (NPDES Phase II rule overview) &
Quantity;
July 29, 2002 at 6 p.m. Program Development — Public Education & Outreach, Public
Involvement & Participation.

Phase II Stormwater Committee
May 20, 2002 Minutes
Page 2
Election of Vice -Chair
Mayor McGee stated that the committee needs to appoint a Vice -Chair should he be
unable to attend a meeting and nominated Mark Smith as Vice -Chair. The nomination was
seconded by Paul McGill and unanimously approved.
Action Items
The committee members were encouraged to attend one of the public hearings to be held
in June on the North Carolina NPDES Phase II Temporary Rule Language. The closest public
hearing to Clemmons will be at the Kernersville Council Chamber on Tuesday, June 18, 2002 at
7 p.m. The locations and dates of the other public hearings will be made available to the
members.
Adjournment
Mark Smith moved to adjourn at 8:33 p.m., which was seconded by Spencer Greene and
unanimously approved.
Attest:
Marsha Sucharski
Village Clerk
r1
U
Mayor William C. McGee, Jr.
Chair

Village of Clemmons
Phase 1I Stormwater Committee
May 30, 2002 Meeting
The Phase II Stormwater Committee met on Thursday, May 30, 2002 at 7 p.m. for its
regularly scheduled meeting. The meeting was held at the Village Hall, Clemmons, North
Carolina. The following members were present. Mayor Bill McGee, Wanda Davidson, Spencer
Greene, Paul McGill, Kevin Mencle, Mark Smith, Neal Tucker, and Karl Uhlig. Bob Sipprell
was absent. Also present were: Doug Jewell, P.E., of Jewell Engineering Consultants, Manager
Gary Looper, and Tim Dillard, from Clemmons Public Works.
Call to Order
With a quorum present, Mayor McGee called the meeting to order as scheduled.
Approval of Minutes
Spencer Greene moved to approve the minutes from the May 20, 2002 meeting as
written. The motion was seconded by Mark Smith and unanimously approved.
Introduction to Urban Stormwater Management_ (Quanti_tyl
Doug Jewell presented an overview of stormwater management as it relates to water
quantity. Water quantity is not the primary issue that the committee will be focusing on in
Q satisfying the NPDES regulations, but rather water quality. However, water quantity is a major
concern of citizens and so it is important to include both issues in the stormwater management
program.
The presentation included an overview of and terminology associated with various types
of surface waters, conditions of surface waters as a result of stormwater or lack thereof, technical
issues (physical science, statistics, analysis - both hydrologic and hydraulic, design methods and
tools, products, and construction), development impacts, regulatory issues (federal, state and
local compliance regulations that impact stormwater management systems), analysis of flood
events and political issues (areas of possible local government involvement). Included was a
lesson on reading watershed and land use maps, hyetographs (measures rainfall over a period of
time) and hydrographs (measures runoff that is generated by rainfall).
Doug Jewell stated that the goal is to manage the movement of Stormwater so that it
doesn't cause harm and so that it maximizes the associated benefits - recharges groundwater,
sustains plant and animal life, and ultimately provides drinking water. Further he stated that
engineers make a difference by solving problems; however, stormwater systems are designed to
fail, adding that there will always be a storm greater than the storm used in the analysis to design
the stormwater facility.
Questions and discussion followed.
0

• Phase I1 Stormwater Committee
May 30, 2002 Minutes
Page 2
•
Action Items
Manager Looper stated that he would get a copy of the latest edition of the North
Carolina NPDES Phase iI Temporary Rule Language to the committee members and encouraged
them to attend one of the public hearings on the rules. A list of the dates, times, and locations of
the public hearings was distributed
Adjournment
With the neat meeting scheduled for Monday, June 17, 2002, Mark Smith moved to
adjourn at 8:39 p.m. The motion was seconded by Paul McGill and unanimously approved.
ATTEST:
Marsha Sucharski
Village Clerk
Mayor William C. McGee
Chair

Village of Clemmons
Phase 11 Stormwater Committee
June 17, 2002 Meeting
The Phase II Stormwater Committee met on Monday, June 17, 2002 at 7 p.m. for its
regularly scheduled meeting. The meeting was held at the Village Hall, Clemmons, North
Carolina. The following members were present: Mayor Bill McGee, Wanda Davidson, Paul
McGill, Kevin Mericle, Bob Sipprell, Mark Smith, Neal Tucker, and Karl Uhlig. Spencer
Greene was absent. Also present were: Doug Jewell, P.E., of Jewell Engineering Consultants,
Manager Gary Looper, and Tim Dillard, from Clemmons Public Works.
Cali to Order
With a quorum present, Mayor McGee called the meeting to order as scheduled.
Approval of Minutes
Mark Smith moved to approve the minutes from the May 30, 2002 meeting as presented.
The motion was seconded by Paul McGill and unanimously approved.
Introduction to Urban Stormwater Management (Quality) including Stormwater BMP's
Doug Jewell reminded committee members of the North Carolina Environmental
Management Commission's public hearing on the NPDES Phase II temporary rules set for
Tuesday, June 18, 2002 at 7 p.m. in the Council Chambers in Kernersvilie.
Mr. Jewell presented an overview of stormwater management as it relates to the quality
of surface waters. Stormwater pollution was defined as anything other than pure rainwater
entering the surface water environment. This includes non-stormwater substances that are
artificially discharged to the surface drainage system and non-stormwater substances that are
transported by flowing stormwater runoff. Various types and sources of pollutants were
discussed, as well as, the effects caused by pollution and factors that affect the pollutants impact
on stormwater. Mr. Jewell emphasized that it is easier to keep pollutants out of the water than it
is to clean up the water after pollutants have gotten into it. Since it is often difficult to identify
the source of the pollutant, more emphasis is placed on educating society and adopting
ordinances, regulations and policies that deal in general with how we live.
In dealing with water quality, the technical issues are addressed by the same engineering
tools as were discussed in stormwater quantity issues. Likewise, development has a dramatic
impact on water quality. Chemical, biological, and physical factors are also technical issues.
Stormwater Best Management Practices (BMP's) are used to deal with pollution issues.
There are two (2) types of BMP's. Non-structural BMP's (procedural/process oriented) include
education, comprehensive site planning, housekeeping practice, street sweeping, product
selection to limit stormwater impacts, pesticide/herbicide/fertilizer management, re -cycling,
landscaping & vegetative practices, and maintenance. Generalized structural BMP's include wet
S detention/retention ponds, dry detention ponds, stormwater wetlands, sand filters, bio-retention
areas, grassed swales, filter strips, infiltration devices, and stream buffers. The benefits from

® Phase II Stormwater Committee
June 17, 2002 Minutes
Page 2
some of these BMP's outweigh the bad points and in others the bad points outweigh the benefits.
The best approach in dealing with pollution issues is to be Knowledgeable about the tools that are
available to us and ]snow how to apply them to maximize the benefits. As part of the process, it
is important to balance all the factors (political, economic, etc.) when choosing a Stormwater
BMP.
Doug Jewell also discussed proprietary BMP's such as filters, dynamic separators,
settlers, screens, vacuum units, pavers, stabilizers, and markings. In addition to the initial cost,
these systems require maintenance.
The regulatory issues for local government include compliance with the NPDES Program
(federal program administered by the state) which include: development/subdivision regulations,
public education & outreach, public involvement & participation, illicit discharge elimination,
sediment & erosion control, post construction stormwater management, and pollution prevention
& good housekeeping. In addition, there are other state and federal regulatory issues that govern
Clemmons.
Local government must deal with the political realities of the various regulatory
programs, some mandated by higher authority, others in response to the needs of the citizens,
local commerce, and local industry. Other areas of involvement include: stricter development
regulations to enhance water quality, municipal participation in infrastructure improvements,
regional detention/retention, public education/participation programs, and drainage system
maintenance.
Questions and discussion followed.
Adjournment
With the next meeting scheduled for Monday, July 15, 2002, Bob Sipprell moved to
adjourn at 8:47 p.m. The motion was seconded by Paul McGill and unanimously approved.
ATTEST:
Marsha Sucharski, Village Clerk
n
U
William C. McGee, Jr., Mayor

® Village of Clemmons
Phase 11 Stormwater Committee
July 15, 2002 Meeting
The Phase II Stormwater Committee met on Monday, July 15, 2002 at G p.m. for its
regularly scheduled meeting. The meeting was held at the Village Hall, Clemmons, North
Carolina. The following members were present: Mayor Bill McGee, Wanda Davidson, Spencer
Greene, Paul McGill, Kevin Mericle, Bob Sipprell, Mark Smith, and Neal Tucker. Karl Uhlig
was absent. Also present were: Doug Jewell, F.E., of Jewell Engineering Consultants, Manager
Gary Looper, and Tim Dillard, from Clemmons Public Works.
Call to Order
With a quorum present, Vice Chair Mark Smith called the meeting to order as scheduled.
Approval of Minutes
Bob Sipprell moved to approve the minutes from the June 17, 2002 meeting as presented.
The motion was seconded by Paul McGill and unanimously approved.
Meeting_ Schedule
. Doug Jewell distributed an updated meeting schedule. The committee chose to move
Local Policies/Ordinances from the November meeting to the July 29, 2002 meeting. Mr. Jewell
® added that at the July meeting the committee's discussion would switch from the educational
process to the application and development of the program.
Stormwater Regulations —Quality (NPDES Phase II Rule Overview) &_Quantitx
Mr. Jewell distributed Stormwater Program Regulatory Information booklets that
provided background information on programs, regulations, ordinances, and websites from the
various agencies that will be discussed during the slide presentation.
Federal Emergency Management Agency (FEMA) — Floodway/Floodplain
Regulations — primary focus is to reduce flood damage and the risk of flood damage. These
regulations are tied to the National Flood Insurance Program, which Clemmons is a participant,
and therefore allows local citizens to purchase flood insurance. The Community Rating System
(CRS) score influences flood insurance rates. By considering the CRS when developing the
program, the committee could increase Clemmons' score and therefore possibly decrease
insurance rates. In Clemmons, development restrictions apply to the Clemmons side of Muddy
Creek, Blanket Bottom Creek, .Johnson Creek and Johnson Creek Tributary. FEMA deals with
the 100-year floodplain. The elevation of the 100-year flood is what FEMA terms as the Base
Flood Elevation (BFE), which the regulations are built around and the Forsyth County
Inspections Department administers. Floodway encroachment requires extensive engineering
and FEMA approval. Floodplain fringe encroachment allows fill up to 50% of the area between
the edge of the floodplain and the edge of the floodway and no closer than half the distance
between both. There are rules that apply to development that goes beyond these restrictions.
P

Phase II Stormwater Committee
July 15, 2002 Minutes
Page 2
US Army Corps of Engineers — Clean Water Act (CWA) Section 404 — Wetland
Permits — seeks to minimize loss of wetlands by requiring a permit before discharging fill
material into any wetland. Permits include individual permits and general permits (regional and
nationwide). Issuance of a permit may require compensatory mitigation to offset wetland loss.
The program seeks input from appropriate agencies and organizations for permitted activity and
involves public notices and at times public hearings are held. The permitting process is tied to
the CWA Section 401 Water Quality Certification. Mitigation options include: site specific
restoration, payment to the Wetlands Restoration Program, and purchase of wetlands through a
wetland mitigation bank.
NC Department of Environment and Natural Resources (DENR), Division of Water
Quality, WU — CWA Section 401 — Water Quality Certification —seeks to protect
environmental water quality by minimizing habitat degradation, enhancing stream stability and
habitat diversity, protecting aquatic species, and preserving/restoring water quality. The 401
permit process is tied to the 404 Wetlands permit process and is coordinated through the
Winston-Salem Regional Office of DENR.
NC DENR, Division of Land Resources, Land Quality Section — Dam Safety
Regulations — often incorporated into stormwater management systems. The State prohibits
construction, repair, alterations or breaching of a dam without DENR's approval and regulates
dams greater than 15 feet high (top to toe) and impounding more than 10 acre-feet and all dams
classified as High Hazard (Class C). The hazard classification does not take into account the
integrity of the dam itself, but what would be affected downstream.
Watershed Protection (WP) Regulations — Clemmons lies in the WS-IV Watershed as
a result of the Yadkin River running along its western boundary. Clemmons adopted the WP
ordinance in September 1993. The watershed's critical area and protected area allows domestic
and industrial discharges, but requires low density development. However, the 10170 Provision
is allowed in the protected area. The 10/70 Provision means that in 10% of the area 70% built
upon is allowed. Once the 10% is used up, high density development is allowed, but it requires
control of the I" storm and implementation of a detention facility.
State clarification regarding the NPDES Regulations will be required as to whether or not
Phase 11 will allow low density. If it does, will it suffice for meeting the requirements of the
current rules that reflect high density option?
NC Department of Transportation (DOT) Regulations — concerned with drainage
from its right-of-way (ROW) for safety hazards and through its ROW with cross drainage to
continue the flow of water. DOT requires approval of any changes to drainage that affects its
ROW and has detailed policies and procedures for designing and constructing ROW and cross
drainage. Clemmons has its own streets; therefore, issues will likely arise dealing with non -DOT
streets.

Phase 11 Stormwater Committee
July 15, 2002 Minutes
Page 3
Erosion Control Regulations — contained in the Unified Development Ordinance and
administered by the Forsyth County Inspections Department. Disturbed areas less than 20.000
SF for residential and 10,000 SF for others do not need a permit. Authority for this program
comes from the NC Sedimentation Control Commission. North Carolina has one of the better
erosion sediment control programs in the country and it is expected that the program in Forsyth
County will fulfill item 4 of the NPDES Phase II requirements.
NPDES Stormwater
Phase I addressed industrial activities, construction sites greater than or equal to 5 acres
in size, and large and medium Municipal Separate Storm Sewer Systems (MS4s). Municipalities
in North Carolina that were included include: Charlotte (Mecklenburg County was included),
Winston-Salem, Raleigh, Durham, Greensboro, Cumberland County (Fayetteville was included).
These programs have gone through their first 5-year permit cycle.
Phase II addresses industrial activities (allowing a no -exposure certification),
construction site greater than or equal to I acre, and small MS4s, which include Clemmons.
Phase II coverage includes: "urbanized areas" as defined by the census process
40 (municipalities with at least a 10,000 population and a density of 1,000 persons per square mile),
State designated areas (possibly through the basin studies), and petitioning with State approval.
Regulations require reduction of pollutant discharge into the waters of the natural
environment to the maximum extent practicable (MEP), using Best Management Practices
(BMPs). There are also minimum control measures that the committee will work with in
developing a response to the program.
Minimum Control Measures
• Public Education and Outreach — raise level of understanding of stornnwater
management
• Public Involvement and Participation — anticipate that the committee's process to
develop this program will satisfy this requirement
• Illicit Discharge Detection and Elimination — municipalities must detect illegal
discharges (anything other than stormwater) through the adoption of an ordinance
and provide an administrative process to eliminate them.
• Construction Site Runoff Control — anticipate that the State's sediment and
erosion control program will suffice.
• Post -Construction Stormwater Management — most controversial and time-
consuming requirement. Goal is to meet requirements, but not stifle development.
• Pollution Prevention and Good Housekeeping — applies to local government
operations.

Phase II Stormwater Committee
July 15, 2002 Minutes
Page 4
Post -Construction Stormwater Management — applies to new development and re-
development. There is a requirement to control the 1-year, 24-hour storm (store the storm in a
detention facility with a drawdown between 24 and 120 hours), removal of 85% of the average
annual Total Suspended Solids (TSS), operate and maintain the BMPs, and control sources of
fecal coliforms, by working with the Health Department, septic systems and spills from the
sanitary sewage system. Since Clemmons does not have extra territorial jurisdiction, these
requirements will only cover the municipal boundaries.
Concerns were raised regarding the proposed model ordinance by DENR and the
proposed rules.
NPDES Phase 11 Timeline
• Public hearings on the proposed rules were held in June 2002
• Rules go to the Water Quality Committee for review in July 2002
• Rules go to the Environmental Management Commission for finalization in
October 2002
• Permit applications must be in by March 10, 2003
Adjournment
With the next meeting scheduled for Monday, July 29, 2002, Bob Sipprell moved to
adjourn at 7:34 p.m. The motion was seconded by Neal Tucker and unanimously approved.
William C. McGee, Jr., Mayor
ATTEST:
Marsha Sucharski, Village Clerk

Village of Clemmons
Phase II Stormwater Committee
July 29, 2002 Meeting
The Phase II Stormwater Committee met on Monday, July 29, 2002 at G p.m. for its
regularly scheduled meeting. The meeting was held at the Village Hall, Clemmons, North
Carolina. The following members were present: Mayor Bill McGee, Wanda Davidson, Kevin
Mericle, Bob Sipprell, Neal Tucker and Karl Uhlig. Those absent were: Spencer Greene, Paul
McGill and Mark Smith. Also present were: Doug Jewell, P.E., of Jewell Engineering
Consultants, Manager Gary Looper, and Tim Dillard, from Clemmons Public Works.
Call to Order
With a quorum present, Mayor McGee called the meeting to order as scheduled.
Meeting Schedule
The committee scheduled the following meetings: Wednesday, August 14, 2002 at 7:30
p.m., Thursday, August 29, 2002 at 7 p.m. and Thursday, October 10, 2002 at G p.m. There will
not be a meeting in September.
Before continuing with the business portion of the meeting, the committee took a
15-minute supper break.
® Approval of Minutes
Bob Sipprell moved to approve the minutes from the July 15, 2002 meeting as presented.
The motion was seconded by Wanda Davidson and unanimously approved.
NPDES Phase II Regulations Update
Doug Jewell reported that five (5) public hearings were held in various locations in the
State in June regarding the NPDES Phase lI regulations. Hearing officers that were present at
the public hearings are meeting to consider changes to the regulations based on comments they
received. When the comments are addressed, the hearing officers will either report back to the
Water Quality Committee or directly to the Environmental Management Commission (EMC).
Mr. Jewell further stated that he believes changes will center around county regulations
rather than municipal regulations. He reported that he spoke with Bradley Bennett, a staff
member at the Department of Natural Resources, who believes the regulations are not expected
to change, but instead there will be more clarification regarding the regulations.
Program Regulatory Mandates
Mr. Jewell reminded the committee that the program's goal is to reduce discharge of
pollutants to the maximum extent practicable; however, the State is still not sure how they will
handle details of the program implementation. Since the State is not planning to develop a
model program for adoption by local governments, like the one used for the Neuse River
regulations, details for the NPDES Phase 11 regulations are left up to the Phase I1 designees.

Phase II Stormwater Committee
July 29, 2002 Minutes
Page 2
There should be a model ordinance forthcoming for only one (1) of the six (6) minimum
measures, post construction runoff management, but it is not expected until late in the year after
the EMC adopts the rules. Also without specified measurable goals, the committee must
determine what can be done in the measures that will reduce the discharge of pollutants to the
maximum extent practicable.
Public Education & Outreach_Program
The current rules read as follows: "A public education and outreach program on the
impacts of stormwater discharges on water bodies to inform citizens of how to reduce pollutants
in stormwater runoff. The public body may satisfy this requirement by developing a local
education and outreach program; by participating in a statewide education and outreach program;
or a combination of those approaches." Mr. Jewell believes that there will not be a statewide
education and outreach program available to the Phase 11 designees; therefore, he proposed that
the committee outline a program that meets what is thought to be the regulations — what they say
or how they will be interpreted. Implementation of this portion of the program would be put on
hold until the regulations are finalized.
Mr. Jewell offered the following items for consideration to develop the education and
outreach program:
® • Each of the six (6) minimum measures will have a public education and outreach
component.
• Consider using Neuse River Stormwater Program approach as a model.
• Assets available to Clemmons to assist in this program would be the Cable Access
Channel (Channel 6) and the Clemmons' website.
• Other suggestions:
Utility bill inserts
Demonstration projects --- development of a stormwater wetland
Brochures — public events and at Village Hall
Fact sheets
Drain stenciling — plastic or metal plaque that would read, "Don't dump
pollutants. This drains to Creek."
Hotline — spills could be reported in a timely fashion
Adopt -a -stream
News article
Stormwater PowerPoint presentation -- could be presented to civic, church or
neighborhood groups
• Funding issues may require a special approach to public education that is related to public
education for stormwater pollution, but distinct from it.
Mr. Jewell added that the permit is for a five (5) year period. The application must be
e submitted by March 10, 2003, but very likely will not be approved until 2004. Once approved,
the plan will be backdatcd to March 10, 2003. The committee must keep in mind that the

Phase It Stormwater Committee
July 29, 2002 Minutes
Page 3
program they recommend to Council should cover all five (5) years and should demonstrate a
steady effort to educate the public -- some items will be ongoing while others will be a one-time
event.
Discussion followed regarding various methods of public education (billing inserts,
brochures for community events or targeted audiences, cable access channel broadcasts,
elementary school presentations with resource packets, school environmental contests, projects
for civic clubs at the high school level, newspaper inserts, storm drain stenciling, a
"neighborhood watch" approach to the adopt -a -stream program) and the level of education the
committee wished to pursue. Manager Looper suggested that he would prepare a proposal for
public education and outreach using the methods in which the committee expressed interest and
present it to the committee for consideration.
Public involvement and Participation Program
The current rules read as follows: "A public involvement and participation program
consistent with all applicable state and local requirements." The applicable state and local
requirements are simply the normal regulatory development of an ordinance.
40 Mr. Jewell stated that there are two aspects to this program, the official public
involvement and participation process and the official process that meets state and local
requirements. The Phase II Stormwater Committee satisfies the public involvement and
participation. The committee's recommendations will go to the Village Council, who in turn will
hold public hearings prior to adopting an ordinance. Other suggestions for additional public
involvement and participation were offered and include demonstration projects, drain stenciling
and neighborhood stream watch.
Prior to the next meeting, committee members will receive Manager Looper's proposal
for Public Education and Outreach Program and an additional proposal for Public Involvement
and Participation Program.
Adjournment
With the next meeting scheduled for Wednesday, August 14, 2002 at 7:30 p.m., Karl
Uhlig moved to adjourn at 8:15 p.m. The motion was seconded by Bob Sipprell and unanimously
approved.
Mayor William C. McGee, Jr., Chair
ATTEST:
® Marsha Sucharski, Village Clerk

Village of Clemmons
Phase II Stormwater Committee
August 14, 2002 Meeting
The Phase II Stormwater Committee met on Wednesday, August 14, 2002 at 7:30 p.m.
for its regularly scheduled meeting. The meeting was held at the Village Hall, Clemmons, North
Carolina. The following members were present: Mark Smith, Wanda Davidson, Paul McGill,
Kevin Mericle, Bob Sipprell, Neal Tucker and Karl Uhlig. Those absent were: Mayor Bill
McGee and Spencer Greene. Also present were: Doug Jewell, F.E., of Jewell Engineering
Consultants and Manager Gary Looper.
Cali to Order
With a quorum present, Vice Chair Mark Smith called the meeting to order as scheduled.
Approval of Minutes
Kevin Mericle moved to approve the minutes from the July 29, 2002 meeting as
presented. The motion was seconded by Neil Tucker and unanimously approved.
Public Education/Public Participation Component
Manager Looper reviewed with the committee a draft of various methods of public
education and public participation that were discussed at the last meeting and a five-year
implementation plan for both components. The committee agreed that it was more important
that Clemmons demonstrates a good faith effort in providing avenues for public participation,
rather than setting goals for the degree of public participation that may or may not be attainable.
Manager Looper also shared with the committee a map that shows Clemmons' drainage
system known as the system inventory.
Illicit Connectionslillegal Discharges
Doug Jewell distributed the section from the Neuse River regulations that deals with this
regulatory issue and an outline of tonight's talking points and proceeded to discuss tonight's
topic. This issue calls for the committee to investigate the community, as it is right now, and
find where the non-stormwater elements are getting into the drainage system and polluting the
surface waters. The law states that anything that is not stormwater cannot be legally discharged
into the drainage system. Various interpretations of what is considered an allowable discharge
and an illegal discharge were presented.
The Village is authorized by its police powers, given by the State, to do things that are in
the interest ofthe public — protect the safety, health and welfare of the public. Under these
police powers, the Village has to adopt an ordinance that gives it the authority to regulate non-
stormwater discharges by prohibiting illegal discharge of non-stormwater to the environment; to
determine compliance and non-compliance; to enter private property for the purposes of
verifying compliance and eliminating illegal discharges; and to require compliance, impose fines
eand perform enforcement activities. Samples of ordinances were distributed to the committee.

0
Phase 1I Stormwater Committee
August 14, 2002 Minutes
Page 2
The next step in the process is to look at the Clemmons' jurisdiction and focus on the
most likely areas that contamination will occur. This information is kept in map and table form
which includes: sanitary sewer locations; mapped waters; land uses (by area not property); sites
of landfills; treatment, storage and disposal facilities; major stormwater control structures; other
NPDES permitted discharges (industrial); and, publicly owned open space.
State mapping requirements in the Neuse River regulations included: non -industrial
outfalls 36" or larger; industrial outfalls 12" or larger; non -industrial ditches serving 50 or more
acres; and industrial ditches serving 2 or more acres. The committee was reminded that this
criteria may change when the State presents its guidelines. Once these outfalls are identified
they must be screened after 72 hours of no rainfall. In some cases, if there is flow in these
outfalls, there is a possibility of some illicit discharge and is worth investigating,
Administrative/location data is gathered noting date and time of inspection, date of last rainfall
and subjective observation of outfall (odor, color, clarity, etc.). If the inspector receives positive
responses to these subjective observations, then it is appropriate to go to a sampling stage of the
investigation. Sampling observations include: temperature, pH, ammonia, surfactants,
fluoride/chlorine, nutrients, heavy metals and petroleum products. The next siep would be to
follow up and identify the illegal discharge using various methods. Once the source is identified,
you enter into a process to remove the illegal discharge. After the completion of the first
screening process, the elimination of illegal discharges falls into the category of people reporting
problems. Other components of this program include public education, a hotline for the public to
report problems and an incident response process.
Mr. Jewell provided an implementation schedule to eliminate illicit discharges.
Discussion followed.
The next meeting is scheduled for Thursday, August 29, 2002 at 7 p.m. to discuss
sediment and erosion control, pollution prevention and good housekeeping.
Adjournment
Neil Tucker moved to adjourn at 9:05 p.m. The motion was seconded by Paul McGill and
unanimously approved.
ATTEST:
Marsha Sucharski, Village Clerk
Mayor William C. McGee, Jr., Chair

Village of Clemmons
Phase 11 Stormwater Committee
August 29, 2002 Meeting
The Phase II Stormwater Committee met on Thursday, August 29, 2002 at 7:00 p.m.
for its regularly scheduled meeting. The meeting was held at the Village Hall, Clemmons,
North Carolina. The following members were present: Mayor Bill McGee, Wanda Davidson,
Spencer Greene, Paul McGill, Kevin Mericle, Neal Tucker and Karl Uhlig. Those absent were:
Mark Smith and Bob Sipprell. Also present were: Doug Jewell, P.E., of Jewell Engineering
Consultants, and Manager Gary Looper.
Call to Order
With a quorum present, Mayor McGee called the meeting to order as scheduled.
Approval of Minutes
Karl Uhlig moved to approve the minutes from the August 14, 2002 meeting as presented.
The motion was seconded by Neil Tucker and unanimously approved.
Old Business
Manager Looper advised the committee that Clemmons would not be able to use the water
bill insert as a means of public education due to a recent utilities' policy. As an option, the Village
could opt to a once a year mailing. After all the minimum measures are discussed the committee
needs to review the personnel cost, financial cost and the ability to perform each measure. In
addition, Manager Looper mentioned that he took the recommendation under Illicit Discharge
Detection and Elimination to motivate people to participate in hazardous recycling and moved it
under the Public Education measure.
Doug .lewell distributed a chapter from the Unified Development Ordinance (UDO) that
addresses the Erosion Control Ordinance for Forsyth County, EPA fact sheets that address
Construction Site Runoff Control Minimum Control Measure and Pollution Prevention/Good
Housekeeping Minimum Control Measure, and notes for tonight's meeting.
Mr. Jewell stated that State guidelines are not yet available and began discussing tonight's
topics.
Construction Site Runoff Control
The State has implemented a statewide erosion and sediment control program, which is
administered locally by the City/County Inspections Department in Winston-Salem. The local
program is more stringent in its application then the Federal program. Therefore, Clemmons can
rely on this program to meet the minimum requirement. The ordinance sets thresholds (20,000 SF
for single family dwelling or 10,000 for all other sites) that require Erosion Control Permits prior
to the disturbance of the land. The ordinance also makes the person conducting the land
disturbing activity responsible to protect all public and private property from damage clue to
sediment. Agricultural, forestry, and mining activities are excluded.
C:

•
Phase 11 Stormwater Committee
August 29, 2002 Minutes
Page 2
The Village could choose to enhance public participation by providing a means for citizens
to lodge sediment control complaints through the Village staff, which are forwarded to the Erosion
Control Inspections officer for a response. This procedure would provide a tracking mechanism
for complaints, which is a Phase II requirement.
Pollution Prevention/Good Housekeeping
Pollution prevention is always easier, than removing pollutants after they get into the water
system. The key to prevention is maintenance activities, which include the following
requirements. 1) Implement a maintenance schedule and long-term inspection procedure for
structural and non-structural stormwater controls. 2) Besides requirements for private water
quality measures, there needs to be requirements to enforce maintenance of these facilities.
3) Implement controls for reducing or eliminating the discharge of pollutants from streets, road,
and highways (Adopt -A -Highway, street sweeping program using a vacuuming system);
municipal parking lots (minimal in Clemmons); maintenance and storage yards and fleet or
maintenance shops with outdoor storage areas (addressed through industrial permits); waste
transfer stations (Bulk Item Pick Up); and salt and snow disposal issues (less significant in the
South). 4) Procedures are needed for the proper disposal of the waste removed from storm sewers
and various practices. 5) Adopt procedures to ensure that new flood management projects are
assessed for impacts on water quality and existing projects are assessed for incorporation of
additional water quality protection devices or practices. 6) Municipal employees need training in
pesticide, herbicide and fertilizer application, disposal processes, maintenance processes and
stormwater controls. 7) Public involvement and education and pollution prevention aspects are
achieved thought Adopt -A -Highway and Neighborhood Adopt -A -Stream programs.
Action that needs to be taken is to investigate the feasibility of routine street sweeping and
required routine private parking lot cleaning. Also, include in the public education program,
information on proper disposal of litter. Mr. Jewell recommended a 5-year implementation
schedule. Discussion followed regarding issues raised at tonight's meeting and financing the
Phase II Stormwater program.
The next meeting is scheduled for October 10, 2002 at 6 p.m., when post -construction
stonnwater runoff will be discussed. A second meeting in October was scheduled for
October 21, 2002 at 7 p.m.
Adjournment
Neil Tucker moved to adjourn at 9:05 p.m. The motion was seconded by Paul McGill and
unanimously approved.
ATTEST:
Marsha Sucharski, Village Clerk
Mayor William C. McGee, Jr., Chair

Village of Clemmons
Phase II Stormwater Committee
October 10, 2002 Meeting
The Phase lI Stormwater Committee met on Thursday, October 10, 2002 at 6:00 p.m.
for its regularly scheduled meeting. The meeting was held at the Village Hall, Clemmons,
North Carolina. The following members were present: Wanda Davidson, Spencer Greene, Paul
McGill, Kevin Mericle, Mark Smith, Neal Tucker and Karl Uhlig. Those absent were: Mayor
Bill McGee and Bob Sipprell. Also present were: Doug Jewell, P.E., of.lewell Engineering
Consultants, Manager Gary Looper and Tim Dillard, from Clemmons Public Works
Call to Order
With a quorum present, Vice Chair Mark Smith called the meeting to order as scheduled.
Approval of Minutes
Paul McGill moved to approve the minutes from the August 29, 2002 meeting as
presented. The motion was seconded by Karl Uhlig and unanimously approved.
North Carolina NPDES Phase II Regulations
Manager Looper reported that the Environmental Management Commission (EMC)
approved the temporary rules today with some changes. Doug Jewell added that the State has not
yet issued a model ordinance for Post Construction Stormwater Management. After distributing
the temporary rules to committee members, Mr. Jewell reviewed the various changes. The
changes that were reviewed did not include any changes made by the EMC at today's meeting, but
should be available soon on the State's website.
Water Supply Watershed Ordinance
Doug Jewell distributed copies of the Water Supply Watershed Protection Rules Summary,
along with a list of streams within Forsyth County. Mr. Jewell also distributed copies of the
Clemmons Watershed Protection Ordinance, which appears in Chapter C, Article VI of the
Unified Development Ordinance (UDO) and began review of the salient points. For simplicity,
Mr. Jewell recommended, as did Manager Looper, blending the Watershed Ordinance and the
Stormwater Management regulations into one ordinance. Areas of discussion included the
following: Low Density Option, which is the only option used by Clemmons (24%-36% built
upon area or impervious cover); High Density Option, which requires stormwater retention/
detention facilities; and 70/10 Rule, otherwise known as SIDA (Special Intense Development
Allocation), where 10% of the jurisdiction can be developed up to 70%. The 10/70 Rule requires
a special use permit and authorization by the elected board. Mr. Jewell interpreted the Clemmons'
watershed map.
Committee members were given copies of the Hickory Watershed Ordinance to see a
different fonnat and one that includes Density Averaging as an option. Committee members also
received the State's regulations regarding this option. Density Averaging involves the use of two
• noncontiguous parcels and is based on the idea that the development plans for a pair of parcels can
be submitted together and treated as a single project for purposes of these regulations. The
amount of development allowed for the paired parcels taken together cannot exceed the amount of

Phase II Stormwater Committee
• October 10, 2002 Minutes
Page 2
development that would be allowed if the parcels were developed separately.
Doug Jewell stated that he hoped to have a model ordinance from the State at the next
meeting, which is scheduled for Monday, October 21, 2002 at 7:00 p.m.
Adjournment
Spencer Greene moved to adjourn at 7:56 p.m. The motion was seconded by Paul McGill
and unanimously approved.
ATTEST:
Marsha E. Sucharski, CMC
Village Clerk
0
Mayor Edward Y. Brewer
Chair

Village of Clemmons
Phase II Stormwater Committee
December 11, 2002 Meeting
The Phase 1I Stormwater Committee met on Wednesday, December 11, 2002 at 7:00 p.m.
for its regularly scheduled meeting. The meeting was held at the Village Hall, Clemmons,
North Carolina. The following members were present: Mayor Ed Brewer (replacing farmer
Mayor Bill McGee), Wanda Davidson, Spencer Greene, Kevin Mericle, Bob Sipprell, Mark Smith
and Karl Uhlig. Those absent were: Paul McGill and Neal Tucker. Also present were: Doug
Jewell, P.E., of Jewell Engineering Consultants, Manager Gary Looper and Tim Dillard, from
Clemmons Public Works
Call to Order
With a quorum present, Manager Looper announced that Mayor Ed Brewer will assume
the roll as Chair, replacing Mayor Bill McGee, and called the meeting to order as scheduled.
Approval of Minutes
Mark Smith moved to accept the minutes from the October 10, 2002 meeting as presented.
The motion was seconded by Karl Uhlig and unanimously approved.
Review
Manager Looper reported that the Committee has looked at five (5) of the six (6) minimum
measures, leaving Post -Construction Stormwater Management for discussion. Further, the
Committee has proposed ideas for a five-year plan for each minimum measure.
NPDES Stormwater Permit Application
Doug Jewell distributed material for tonight's meeting. The material included the
application for the NPDES Stormwater Permit; instructions for preparing the Comprehensive
Stormwater Management Program Report (a requirement of the application); instructions for
completing NPDES Small MS4 Stormwater Permit Application; and Stormwater Management
Program Five -Year Plan. The Five -Year Plan offers both structural and non-structural Best
Management Practices (BMP) and tasks for each Minimum Measure.
Post -Construction Stormwater Management
The State deems Post -Construction Stormwater Management as a key element in the
program and will require this measure be up and running by March 10, 2005. The program calls
for two (2) ordinances: one dealing with Illicit Discharge Detection and Enforcement and the other
is Post -Construction Run-off. After Phase II ordinances are adopted, current built upon
allowances, 24% or 36% in watershed, 70% with SiDA allocation and without an additional
stormwater control facility, and no restrictions outside the watershed area, become obsolete. The
new allowance will be 24% everywhere unless you have a control facility on site. The Committee
chose not to go more restrictive.
. The Committee reviewed the ordinance's requirements and options for post -construction
stormwater management, Section 7.5, in the Instructions for Preparing the Comprehensive
Stormwater Management Program Report.

• Phase II Stormwater Committee
December 11, 2002 Minutes
Page 2
The Committee began review of the Stormwater Management Program Five -Year Plan.
Due to the late hour, the Committee chose to set another meeting for Monday, January G, 2003,
which would allow members sufficient time to review the goals before further discussion. The
meeting date would also allow the Manager sufficient time to make a presentation to the Council
at their January 13, 2003 meeting.
Adiournment
Bob Sipprell moved to adjourn at 9:10 p.m. The motion was seconded by Mark Smith and
unanimously approved.
Mayor Edward Y. Brewer
Chair
ATTEST:
Marsha E. Sucharski, CMC
Village Clerk

Village of Clemmons
• Phase II Stormwater Committee
January 6, 2003 Meeting
The Phase II Stormwater Committee met on Monday, January 6, 2003 at 7:00 p.m.
for its regularly scheduled meeting. The meeting was held at the Village Hall, Clemmons,
North Carolina. The following members were present: Mayor Ed Brewer, Wanda Davidson,
Spencer Greene, Paul McGill, Kevin Mericle, Bob Sipprell, Mark Smith, Neal Tucker and
Karl Uhlig. No members were absent. Also present were: Doug Jewell, P.E., of Jewell
Engineering Consultants, Manager Gary Looper and Tim Dillard, from Clemmons Public Works.
Call to Order
With a quorum present, Mayor Brewer called the meeting to order as scheduled and turned
it over to Manager Looper who asked for the Committee members' thoughts and comments on the
Five -Year Program.
Review of Five -Year Pro ram
By consensus, the Committee recognized the aggressive effort by the Village of Ciemmons
to implement the program, in particular the Illicit Discharge Detection & Elimination and Post -
Construction Stormwater Management in New Development & Redevelopment minimum
measures, and to set up and run a utility.
• To allow for a more manageable program, Committee members suggested considering the
following changes.
Delay some of the measurable goals from both the Public Education & Outreach and
Public Involvement & Participation minimum measures.
Postpone screening the Village for illicit discharges from Year Two to Year Three and give
the Manager the leeway in determining the necessary percentage for each of the three years to
complete this task.
Postpone inspecting the MS4 structures in the Village from Year Two to Year Three and
have the Manager determine the proper percentage necessary to complete the inspection in the
three years.
The Committee also added "contractors" to goals that included training for local engineers,
architects and developers.
Manager Looper stated that he will present the Five -Year Program to the Council at the
January 13, 2003 meeting. Committee members were welcomed to come to this meeting and to
future meetings, when the Council will hold public hearings on the program. In addition, Manager
Looper will ask the Council to extend the existence of the Committee beyond the application
phase and into the ordinance phase and asked Committee members to consider extending their
. service.

Phase I I Stormwater Committee
January 6, 2003 Minutes
Page 2
Approval of Minutes
Mark Smith moved to approve the minutes From the December 1 1, 2002 meeting as
presented. The motion was seconded by Spencer Greene and unanimously approved.
Adjournment
Bob Sipprell moved to adjourn at 8:10 p.m. The motion was seconded by Paul McGill and
unanimously approved.
Respectfully submitted,
Marsha E. Sucharski, CMC
Village Clerk
•
0

Ordinance .`umber 2002-07;
AN ORDINANCE
TO REQUIRE REFUSE CONTAINivIENT
AT CONSTRUCTION SITES
13E IT ORDAINED by the Village Council of the Village of Clemmons than.
Section I: Construction Sites
All construction contractors shall provide on -site refuse receptacles, bulk containers, or
detachable containers for construction debris and other trash which is capable of being moved or
blown about by the wind and which is produced by those working on the site. All such materials
shall be containerized and shall be kept in a reasonably clean and litter free condition.
Construction debris and refuse deposited upon any public or private property as a result of
construction or demolition shall be immediately removed by the contractor. Construction sites
shall be kept clean and orderly at all times.
Section 2: Civil Penalties
Any person, firm or corporation who violates this ordinance shall pay a civil penalty of
$100.00 per day for each day such violation shall continue following the day of notice thereof. If
the violation shall not be remedied within ten (10) days of notice thereof, the Village Manager
shall seek to revoke any building permit issued to the violator by obtaining a stop work order
thereon. Until any assessed penalty is paid in full, no occupancy permit shall be issued to the
violator.
Section 3:
This ordinance shall be in full force and effect the 28'h day of August, 2002.
Approved by a unanimous vote on the 28`h day of May. 2002.
:1-
illiam C. McGee, Jr.
Mayor
ATTEST
Marsha Sucharski
• Village Clerk

0
FORTH CAROLINA }
} AGREEMENT
FORSYTH COLNTY }
THIS AGREEMENT, entered into this 30 day of ,
Of
1991, by the City of Winston-Salem, party of the first part, and the
Village of Clemmons, party of the second part;
WHEREAS, the Village of Clemmons has adopted a zoning ordinance,
established a Planning Board and a Zoning Board of Adjustment and needs
enforcement and administrative services on a part-time basis; and
WHEREAS, the City of Winston-Salem is willing to provide zoning
enforcement and administrative services to Clemmons in return for payment
® set forth herein;
\0i., THEREFORE, 5E IT RESOLVED that tdinston-Salem and Clemmons, in
consideration of their mutual promises, do hereb:• contract and agree that:
rtiIinston-Salem will provide:
1. Investigation and enforcement of zoning complaints when brought to
their attention by a citizen or official of Clemmons.
2. Enforcement of the landscape ordinance through permitting and site
inspections.
3. Enforcement of the zoning ordinance for new construction b_. plan
review and site inspections.
4. Administration of the Zoning Board of Adjustment, including but
not limited to, taking applications for meetings, preparing
9

advertisements and agendas for meetings, providing staff for
meetings and training of board members.
5.
Providing staff to attend Planning Board meetings and Village
Council meetings as required.
6.
No more than a total of six (6) man hours per week of service.
The six (6) man.hours will be an average over a 12-week period of
time.
7.
Enforcement of special use zoning requirements.
8.
All enforcement will be provided at a service level equal to that
provided in the City of Winston-Salem.
Clemmons
will provide:
1.
Payment for hours worked will be equal to the hourly rate for each
position plus fringe benefits times an overhead factor of two (2)
®
for time between 7:45 a.m. and 4:45 p.m. and the above race times
one and one --half (1.5) for service after 4:45 p.m. This amount
will be reduced by revenue received from zoning fees as ma_, be
adopted bv C lemmons .
2.
The services of an attorney to prosecute zoning violation cases,
to provide council to the Zoning Board of Adjustment and to
provide council to the inspections staff on matters related to
zoning and the Zoning Board of Adjustment.
3.
The meeting place and required equipment for conducting "Zoning
Board of Adjustment meetings.
4.
Hold harmless and defend Vinston-Salem and its employees against
claims and suits arising from zoning enforcement actions.
•
2

Furthermore, Winston-Salem and Clemmons agree:
1. That this contract shall be for a term of five (5) years provided
that the hourly rates for each position will be refigured yearly,
in June, to reflect salaries for the coming year. Services will
be billed quarterly and due on receipt.
2. That either party may terminate this agreement by giving ninety
(90) days written notice of their intent to do so.
3. All work will be performed in the offices of the Inspections
Division located at 100 Liberty Walk, except that Zoning Board of
Adjustment meetings will be conducted at a place specified by
Clemmons. Planning Board and Town Council meetings will be
attended where held.
4. This agreement is valid provided the zoning ordinance adopted by
• Clemmons is substantially the same as either the Winston-Salem or
1-1
Forsyth County Ordinance. The Inspections Division will be given
an opportunity to review all proposed changes to the ordinance.
If the change will result in a substantial increase in workload
the City reserves the right to terminate the contract in accord-
ance with Paragraph 2 above.
5. Clemmons will be responsible for producing minutes of the Zoning
Board of Adjustment meetings. Except that service may: be provided
by the City by mutual agreement.
UHEREFORE, the City of Winston-Salem, North Carolina has authorized
its Mayor and the Village of Clemmons has authorized its Mayor to execute
this agreement, and as evidence of their concurrence and consent to the
3

•
O
•
execution of this agreement, each party has caused this instrument to be
signed by their respective officers, on the day and year as indicated.
The City of Winston-Salem
OWN 2 B y .
CA
&AOLWM o
l
Attest: ..r
Se reta
Approved as to form end legality
Attest:OP
,��titic��►ir►►►►►►
e C jeZk7.
�- op - -
Date
The Village of Clemmons
By:
w
Mayor pro Tem
Date

•
Chapter C - Environmental Ordinance
Article VII - Erosion Control (F,W,C,L)'
7-1 GENERAL
This section is adopted for the purposes of:
7-1.1 Regulating certain land disturbing activities to control accelerated erosion and
sedimentation in order to prevent the pollution of water and other damage to lakes,
watercourses, and other public and private property by sedimentation; and,
7-1.2 Establishing procedures through which these purposes can be fulfilled.
7-2 DEFINITIONS
As used in this chapter, unless the context clearly indicates otherwise, the following
definitions apply:
ACCELERATED EROSION
Any increase over the rate of natural erosion as a result of land disturbing activity.
ACT
The North Carolina Sedimentation Pollution Control Act of 1973 and all rules and orders
adopted pursuant to it and amendments.
ADEQUATE EROSION CONTROL MEASURE, STRUCTURE OR DEVICE
One which controls the soil material within the land area under responsible control ofthe
person conducting the land disturbing activity.
AGRICULTURAL LAND
Any parcel of land which is used in the raising of agricultural, dairy, or forest products,
livestock, poultry, or fur -bearing animals.
13EING CONDUCTED
A land disturbing activity has been initiated and permanent stabilization ofthe site has not
been completed.
BORROW
Fill material which is required for on -site construction and is obtained from other
locations.
State of North Carolina regulations pursuant I the Nnrih Carolina ,Grdinuvuulinn I'uilerfirm C'nnhtaldce oi'1973 shall ,apply in
K=1er5V111Q. (K)
January 24, 2002
573

® BUFFER ZONE
The strip of land adjacent to a lake or natural watercourse.
0
COMMISSION
The North Carolina Sedimentation Control Commission.
COMPLETION OF CONSTRUCTION OR DEVELOPMENT
Completion of constriction or development means that no further land disturbing activity
is required on a phase of a project except that which is necessary for establishing a
permanent ground cover.
DEPARTMENT
The North Carolina Department of Environment, Health and Natural Resources.
DIRECTOR
The Director of the Division of Land Resources of the Department of Environment,
Health and Natural Resources.
DISCHARGE POINT
That point at which runoff leaves a tract of land.
DISTRICT
The Forsyth Soil and Water Conservation District created pursuant to Chapter 139, North
Carolina General Statutes.
ENERGY DISSIPATOR
A structure or a shaped channel section with mechanical armoring placed at the outlet of
pipes or conduits to receive and break down the energy from high velocity flow.
EROSION
The wearing away of land surface by the action of wind, water, gravity, or any
combination thereof.
EXISTING GRADE
The elevation among the ground surface of a site as recorded in topographic mapping at
two (2) foot or four (4) foot contour intervals, on file in the office ofthe Planning Board,
or as surveyed and mapped at a contour interval of not more than four (4) feet, by a
licensed surveyor or a registered professional engineer.
GROUND COVER
Any natural vegetative growth or other material which renders the soil surface stable
against accelerated erosion.
January 24, 2002 574

HIGH QUALITY WATERS
Those classified as such in 15A NCAC 213.0101(e)(5) - General Procedures, which is
incorporated herein by reference to include further amendments pursuant to General
Statutes 15013-14(e).
HIGH QUALITY WATER (HQW) ZONES
Areas that are within one mile of high quality waters and drain to high quality waters.
LAKE OR NATURAL WATERCOURSE
Any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway,
estuary, and any reservoir, lake or pond, natural or impounded, in which sediment may be
moved or carried in suspension, and which could be damaged by accumulation of
sediment.
LAND DISTURBING ACTIVITY
Any use of the land by any person in residential, industrial, educational, institutional, or
commercial development, highway and road construction and maintenance that results in a
change in the natural cover or topography and that may cause or contribute to
sedimentation.
LOCAL GOVERNMENT
Any county, incorporated village, town, or city, or any combination of counties,
incorporated villages, towns, and cities, acting through a joint program pursuant to the
provisions of the act.
NATURAL EROSION
The wearing away of the earth's surface by water, wind, or other natural agents under
natural environmental conditions undisturbed by man.
PERSON
Any individual, partnership, firm, association, joint venture, public or private corporation,
trust, estate, commission, board, public or private institution, utility, cooperative,
interstate body, or other legal entity.
PERSON CONDUCTING LAND DISTURBING ACTIVITY
Any person who may be held responsible for a violation unless expressly provided
otherwise by this Chapter, the act, or any order adopted pursuant to this Chapter or the
act.
PERSON RESPONSIBLE FOR THE VIOLATION
Person responsible for the violation, as used in this Chapter, and General Statute 1 13A-64,
means:
(A) The developer or other person who has or holds himself7hcrselfout as having
• financial or operational control over the land disturbing activity; and/or,
January 24, 2002 575

0
(B) The landowner or person in possession or control of the land when he/she has
directly or indirectly allowed the land disturbing activity or has benefited from it or
he/she has failed to comply with any provision of this Ordinance, the act, or any
order adopted pursuant to this Ordinance or the act as it imposes a duty upon him.
PHASE OF GRADING
One of two (2) types of grading, rough or fine.
PLAN
An erosion and sedimentation control plan.
SEDIMENT
Solid particulate matter, both mineral and organic, that has been or is being transported by
water, air, gravity, or ice from its site of origin.
SEDIMENTATION
The process by which sediment resulting from accelerated erosion has been or is being
transported off the site of the land disturbing activity or into a lake or natural watercourse.
SILTATION
Sediment resulting from accelerated erosion which is settleable or removable by properly
designed, constructed, and maintained control measures; and which has been transported
from its point of origin within the site of a land disturbing activity; and which has been
deposited, or is in suspension in water.
STORM DRAINAGE FACILITIES
The system of inlets, conduits, channels, ditches and appurtenances which serve to collect
and convey storm water through and from a given drainage area.
STORM WATER RUNOFF
The direct runoff of water resulting from precipitation in any form.
TEN-YEAR STORM
The surface runoff resulting from a rainfall of an intensity expected to be equalled or
exceeded, on the average, once in tcn (10) years, and of a duration which will produce the
maximum peak rate of runoff, for the watershed of interest under average antecedent
wetness conditions.
TRACT
All contiguous land and bodies of water being disturbed or to be disturbed as a unit,
regardless of ownership.
January 24, 2002 576

0
0
0
TWENTY -FIVE-YEAR STORM
The surface runoff resulting from a rainfall of an intensity expected to be equalled or
exceeded, on the average, once in twenty-five (25) years, and of a duration which will
produce the maximum peak rate of runoff, from the watershed of interest under average
antecedent wetness conditions.
UNCOVER
The removal of ground cover from, on, or above the soil surface.
UNDERTAKEN
The initiating of any activity, or phase of activity, which results or will result in a change in
the ground cover or topography of a tract of land.
VELOCITY
The average velocity of flow through the cross scction of the main channel at the peak
flow of the storm of interest. The cross section of the main channel shall be that area
defined by the geometry of the channel plus the area of flow below the flood height
defined by vertical lines at the main channel banks. Overload flows are not included for
the purpose of computing velocity of flow.
WASTE
Surplus materials resulting from on -site construction and disposed ofat other locations.
WORKING DAYS
Days exclusive of Saturday and Sunday during which weather conditions or soil conditions
pen -nit land disturbing activity to be undertaken.
7-3 ADMINISTRATION AND INTERPRETATION OF THIS SECTION OF THE
ORDINANCE
7-3.1 ADMINISTRATION
The Superintendent of Inspections shall be responsible for the administration of this
section of the Ordinance.
7-3.2 MINIMUM REQUIREMENTS, EXCEPTION
In their interpretation and application, the provisions of this section ofthe Ordinance shall
be held to be minimum requirements, except where they are expressly stated to be
maxiinum requirements.
January 24, 2002
577

0 7-3.3 CONFLICTS WITH OTHER ORDINANCES AND LAWS
Whenever any provisions of this section of the Ordinance and any other ordinance or law
impose overlapping or contradictory regulations, the provision which is more restrictive or
imposcs higher standards or requirements shall govern.
7-3.4 CIVIL REMEDIES
It is not intended that any provision of this section of the Ordinance shall restrict or impair
the right of any private or public person to bring any legal or equitable action for redress
against nuisances, hazards, or injuries to persons or property.
7-3.5 LIABILITY FOR DAMAGES
Failure of the Superintendent of Inspections to observe or recognize conditions which
violate the intent and purpose of this section of the Ordinance or to deny a development
pen -nit applied for under this section of the Ordinance shall not relieve the property owner
from responsibility for the condition or damages resulting therefrom and shall not result in
the city/county or its officers or agents being responsible for conditions or damages
resulting therefrom.
7-3.6 REMOVAL OF COVER AND CHANGE OF ELEVATIONS
• The holder of development per may remove existing cover or change existing
elevations of the land only in accordance with the purposes of this section of the
Ordinance and within the time schedules and methods for such changes set forth in this
0
section of the Ordinance.
7-4 SCOPE AND EXCLUSIONS
This section ofthe Ordinance shall apply to land disturbing activity undertaken by any
person, with the following exclusions:
7-4.1 AGRICULTURAL ACTIVITIES
Those undertaken on agricultural land for the production of plants and animals useliil to
humans, including but not limited to: forage and sod crops, grain and feed crops, tobacco,
cotton and peanuts; dairy animals and dairy products; poultry and poultry products;
livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the
breeding and grazing of all such animals; bees and apiary products. and, fair animals:
January 24, 2002 578

7-4.2 FORESTRY ACTIVITIES
Those undertaken on forest land for the production and harvesting of timber and timber
products and which are conducted in accordance with Forest Practice Guidelines Related
to Water Quality (best management practices) as adopted by the North Carolina
Department of Environment and Natural Resources. If land disturbing activity undertaken
on forest land for the production and harvesting of timber and timber products is not
conducted in accordance with Forest Practice Guidelines Related to Water Qualitv, the
provisions of this chapter shall apply to such activity and any related land disturbing
activity on the tract;
7-4.3 MINING
Activity undertaken by persons as defined in General Statute 113A-52(8) who are
otherwise regulated by the provisions of the Mining Act of 1971, General Statute 74-46
through General Statute 74-68; and,
7-4.4 STATE OF NORTH CAROLINA JURISDICTION
Land disturbing activity over which the State has exclusive regulatoryjurisdiction as
provided in General Statute 1 13A-56(a).
0 7-5 GENERAL REQUIREMENTS
•
7-5.1 PLAN AND PERMIT REQUIRED
No person shall initiate any land disturbing; activity upon a tract which requires a permit
under Section 7-16 without having an erosion control plan approved by the
Superintendent of Inspections and without having purchased the applicable permit through
the Inspections Division office.
7-5.2 PROTECTION OF PROPERTY
Persons conducting land disturbing activity shall take all reasonable measures to protect all
public and private property from damage caused by such activity, including protected
floodway fringe areas specified in Section 2-3, 1 (13)(3)(b) of Article II Floodtiun, and
F1ood,vav Fringe Regulations of this Ordinance.
7-5.3 CONFLICTING PROVISIONS
Whenever conflicts exist between federal, State or local laws, ordinances or rules, the
more restrictive provision shall apply.
January 24, 2002 579

9 7-6 BASIC CONTROL OBJECTIVES
An erosion and sedimentation control plan may be disapproved pursuant to Section 7-18
of this Ordinance if the plan fails to address the following control objectives:
7-6.1 IDENTIFY CRITICAL AREAS
On -site areas which are subject to severe erosion and off -site areas which are especially
vulnerable to damage from erosion and/or sedimentation are to be identified and receive
special attention;
7-6.2 LIMIT TIME OF EXPOSURE
All land disturbing activity is to be planned and conducted to limit exposure to the shortest
feasible time;
7-6.3 LIMIT EXPOSED AREA
All land disturbing activity is to be planned and conducted to minimize the size of the area
to be exposed at any one time;
7-6.4 CONTROL SURFACE WATER
• Surface water runoff originating upgrade of exposed areas should be controlled to reduce
erosion and sediment loss during the period of exposure;
•
7-6.5 CONTROL SEDIMENTATION
All land disturbing activity is to be planned and conducted so as to prevent off -site
sedimentation damage; and,
7-6.6 MANAGE STORM WATER RUNOFF
When the increase in the velocity of storm water runoff resulting from a land disturbing
activity is sufficient to cause accelerated erosion of the receiving watercourse, plans are to
include measures to control the velocity at the point of discharge so as to minimize
accelerated erosion of the site and increased sedimentation of the stream.
7-6.7 PROTECTION OF FLOODWAY AND FLOODWAY FRINGE AREAS
All land disturbing activity is to be planned and conducted so as to protect floodway and
floodway fringe areas in accordance with Section 2-3 Stan(larcls fc)r Flood Damage
Redaction of Article 11 of this Ordinance.
January 24, 2002 580

0 7-7 MANDATORY STANDARDS FOR LAND DISTURBING ACTIVITY
•
No land disturbing activity subject to the control of this section of the Ordinance shall be
undertaken except in accordance with the following mandatory standards:
7-7.1 BUFFER ZONE
(A) Lake or Natural Watercourse
No land disturbing activity during periods of construction or improvement to land
shall be permitted in proximity to a lake or natural watercourse unless a buffer
zone is provided along the margin of the watercourse of sufficient width to confine
visible siltation within the twenty-five percent (25%) of the buffer zone nearest the
land disturbing activity. Waters that have been classified as trout waters by the
Environmental Management Commission shall have an undisturbed buffer zone
twenty-five (25) feet wide or of sufficient width to confine visible siltation within
the twenty-five percent (25%) of the buffer zone nearest the land disturbing
activity, whichever is greater. Provided, however, that the Superintendent of
Inspections may approve plans which include land disturbing activity along trout
waters when the duration of said disturbance would be temporary and the extent of
said disturbance would be minimal. This subdivision shall not apply to a land
disturbing activity in connection with the construction of facilities to be located on,
over or under a lake or natural watercourse.
(B) Width of Buffer Zone
Unless otherwise provided, the width of a buffer zone is measured from the edge
of the water to the nearest edge of the disturbed area, with the twenty-five percent
(25%) of the strip nearer the land disturbing activity containing natural or artificial
means of confining visible siltation.
(C) Measurement of Buffcr Zone
The twenty-five (25) foot minimum width for an undisturbed buffer zone adjacent
to designated trout waters shall be measured horizontally from the top of the bank.
(D) Temporary and Minimal Disturbance
Where a temporary and minimal disturbance is permitted as an exception by
Section 7-7.1(A) of this Ordinance, land disturbing activities in the buffer zone
adjacent to designated trout waters shall be limited to a maximum often percent
(10%) of the total length of the buffer zone within the tract to be distributed such
that there is not more than one hundred (100) linear feet of disturbance in each one
thousand (1,000) feet of buffer zone. Larger areas may be disturbed with the
written approval of the Director.
January 24, 2002 581

• (E) Adverse Temperature Fluctuations
No land disturbing activity shall be undertaken within a buffer zone adjacent to
designated trout waters that will cause adverse temperature fluctuations, as set
forth in 15A NCAC 213.0211 Fresh Sinface Water Classification and Standards in
these waters.
7-7.2 GRADED SLOPES, MECHANICALLY STABILIZED SLOPES AND FILLS
(A) Slope Specifications
No cut or fill greater than ten (10) vertical feet shall be made which creates a slope
steeper than one and one-half (1.5) to one (1.5:1) unless approval is granted during
plan review by the Superintendent of Inspections. Mechanically stabilized slopes,
including but not limited to riprap, cribs, timber or masonry retaining walls, shall
not exceed ten (10) feet in height without intervening terraces ten (10) feet in
width with a minimum slope of three (3) to one (3:1). Such terraces shall meet the
revegetation standards of Section 7-7.3.
(B) Exceptions
With prior approval of the Superintendent of Inspections, the ten (10) foot height
hinit for mechanically stabilized slopes may be increased for:
(1) Wing Walls and Earth Retaining Devices. Wing walls allowing subgrade
access and other earth retaining devices required for the structural support
® of buildings, bridges, clams, culverts, or similar structures; or,
0
(2) Storm Water Channels. Mechanical stabilization required for engineered
storm water channels.
7-7.3 GROUND COVER AND REVEGETATION OF SLOPES
(A) Deadlines for Establishing; Ground Cover and Slope Revegetation
Whenever land disturbing activity is undertaken on a tract requiring a pen -nit under
Section 7-16, the person conducting the land disturbing activity shall install such
sedimentation and erosion control devices and practices as are sufficient to retain
the sediment generated by the land disturbing activity within the boundaries of the
tract during construction upon and development of said tract, and shall plant or
otherwise provide a permanent ground cover and slope revegetation sufficient to
restrain erosion after completion of construction or development. Except as
provided in Section 7-8.2(E) of this Ordinance, provisions for a ground cover and
slope revegetation sufficient to restrain erosion must be accomplished within
fifteen (15) working days or ninety (90) calendar days following completion of
construction or development, whichever period is shorter.
January 24, 2002 582

0 (B) Revegetation of Slopes
•
All cut and fill slopes in excess of three (3) to one (3:1) slope and greater than ten
(10) feet in height and intervening; terraces required in Section 5-7.2 shall be
revegetated to provide plant cover over the entire area. Said revegetation shall
include a minimum of one tree per two hundred (200) square feet of surface area.
The trunk of any required tree shall be no closer than ten (10) feet from any other
required tree. Said trees may be a mixture of evergreen and deciduous, a minimum
of twelve (12) inches high at planting with a minimum height at maturity of
twenty-five (25) feet.
7-7.4 FLOODWAY AND FLOODWAY FRINGE AREAS
(A) Limits of Encroachment
Cut or fill or other activities shall meet the limits of encroachment specified in
Section 2-3 Standards For Flood Damage Reduction of Article II of this
Ordinance.
(B) Designation in the Field
The limit of grading and encroachment according to Section 2-3.1(13)(3)(b)(1) of
Article 1I Floodway and Floodway Fringe Regulations of this Ordinance,
consisting of a line delineating one-half the distance between the outer edge of the
floodway fringe and the outer edge of the floodway for the zoning; lot in question,
or other line provided by a certified engineering study in accordance with that
same section of Article 11, shall be designated in the field by the applicant or
property owner by means of highly visible and durable plastic material or other
means acceptable to the Erosion Control Officer, prior to the issuance of the
grading permit.
(C) Subdivisions
For subdivisions, the designation of limits of grading or encroachment into the
floodway fringe area required in (B) above shall be provided by the property
owner or developer for the entire zoning lot being subdivided prior to the issuance
of grading permits and construction of streets or other improvements. The
Erosion Control Officer shall review the proposed encroachment prior to the
issuance of permits for the development of individual lots created through the
subdivision process."
7-7.5 TOP OF SLOPE
The top or toe of any slope steeper than a ratio of one and one-half( 1.5) horizontal units
to one vertical unit (1.5:1) shall be no less than two (2) feet from any neighboring property
line or from any public right-of-way, parking lot, drive, or walk intended for public use,
unless a retaining well is built.
January 24, 2002 583

7-7.6 PRIOR PLAN APPROVAL
No person shall initiate any land disturbing activity upon a tract requiring a permit under
Section 7-16 unless, thirty (30) or more days prior to initiating the activity, an erosion and
sedimentation control plan for such activity is filed with and approved by the
Superintendent of Inspections, the associated fees are paid, and the permit is issued by the
Superintendent of Inspections.
7-7.7 PRIOR TO LAND DISTURBING ACTIVITIES
(A) Notification
No person may initiate a land -disturbing activity before notifying the agency that
issued the plan approval of the date that the land -disturbing activity will begin.
(B) Preconstruction Conference
When deemed necessary by the approving authority a preconstruction conference
may be required.
7-8 DESIGN AND PERFORMANCE STANDARDS
7-8.1 DESIGN STANDARDS
• Except as provided in this Ordinance, erosion and sedimentation control measures,
structures and devices, shall be so planned, designed and constructed as to provide
protection from the calculated maximum peak of runoff from the ten-year storm. Runoff
rates shall be calculated using the procedures in the USDA, Sol] Conservation Service's
National Engineering Field Manual for Conservation Practices, or other acceptable
calculation procedures.
L11
7-8.2 HIGH QUALITY WATER ZONES
In high quality water zones, the following design standards shall apply:
(A) Uncovered Areas
Uncovered areas in high quality water zones shall be limited at any time to a
maximum total area within the boundaries of the tract of twenty (20) acres. Only
the portion of the land disturbing activity within a high quality water zone shall be
governed by this section. Larger areas may be uncovered within the boundaries of
the tract with the written approval of the Director.
January 24, 2002 584

(B) Erosion and Sedimentation Control Measures, Structures, and Devices
Erosion and sedimentation control measures, structures and devices within high
quality water zones shall be so planned, designed and constructed to provide
protection from the runoff of the twenty -five-year storm which produces the
maximum peak rate of runoff as calculated according to the procedures in the
United States Department of Agriculture Soil Conservation Service's National
Engineering Field Manual far Conservation Practices or according to procedures
adopted by any other agency of this State or the United States or any generally
recognized organization or association.
(C) Sediment Basins
Sediment basins within high quality water zones shall be designed and constructed
such that the basin will have a settling efficiency of at least seventy percent (70`%�)
for the forty (40) micron (0.04rnm) size soil particle transported into the basin by
the runoff of that five-year storm which produces the maximum peak rate of ninoff
as calculated according to procedures in the United States Department of
Agriculture Soil Conservation Service's National Engineering Field Manual for
Conservation Practices or according to the procedures adopted by any other
agency of this State or the United States or any generally recognized organization
or association.
(D) Open Channels
SNewly constructed open channels in high quality water zones shall be designed and
constructed with side slopes no steeper than two (2) horizontal to one vertical
(2:1) if a vegetative cover is used for stabilization, unless soil conditions permit a
steeper slope or where the slopes are stabilized by using mechanical devices,
structural devices or other acceptable ditch liners. In any event, the angle for side
slopes shall be sufficient to restrain accelerated erosion.
•
(E) Ground Cover
Ground cover sufficient to restrain erosion must be provided for any portion of a
land disturbing activity in a high quality water zone within fifteen (15) working
days or sixty (60) calendar days following completion of construction or
development, whichever period is shorter.
January 24, 2002 585

• 7-9 STORM WATER OUTLET PROTECTION
E]
7-9.1 POST CONSTRUCTION VELOCITY
Persons shall conduct land disturbing activity so that the post construction velocity of the
ten-year storm runoff in the receiving watercourse to the discharge point does not exceed
the greater of:
(A) Maximum Permissible Velocities
The velocity established by Table 5.1; or,
(B) Velocity Prior to Development
The velocity of the ten-year storm runoff in the receiving watercourse prior to
development.
If conditions in Section 7-9.1(A) and (B) cannot be met, then the receiving watercourse to
and including the discharge point shall be designed and constructed to withstand the
expected velocity anywhere the velocity exceeds the prior to development velocity by ten
percent (10%).
7-9.2 ACCEPTABLE MANAGEMENT MEASURES
Measures applied alone or in combination to satisfy the intent of this section are
acceptable if there are no objectionable secondary consequences. It is recognized that the
management of storm water runoff to minimize or control downstream channel and bank
erosion is a developing technology. Innovative techniques and ideas will be considered
and may be used when shown to have the potential to produce successful results. Some
alternatives are to:
(A) Infiltration
Avoid increases in surface runoff volume and velocity by including measures to
promote infiltration to compensate for increased runoff from areas rendered
impervious.
(13) Vegetated or Roughened Swales and Waterways
Avoid increases in storm water discharge velocities by using vegetated or -
roughened swales and waterways in lieu of closed drains and high velocity paved
sections.
(C) Energy Dissipators
Provide energy dissipators at outlets of stone drainage facilities to reduce flow
velocities to the point of discharge. These may range from simple riprapped
sections to complex structures.
January 24, 2002 58G

•
(D) Cross Sections; Erosion Resistant Lining
Protect watercourses subject to accelerated erosion by improving cross sections
and/or providing erosion -resistant lining.
7-9.3 EXCEPTIONS
This rule shall not apply where it can be demonstrated that storm water discharge
velocities will not create an erosion problem in the receiving watercourse,
7-9.4 MAXIMUM PERMISSIBLE VELOCITIES
The following is a table for maximum permissible velocities for storm water discharges:
Table 7.1
Maximurn Permissible Velocities for Storm Water Discharges
Material
Maximum Permissible
Velocities
F.P.S.
M.P.S.
Fine sand (noncolloidal)
2.5
0.8
Sandy loam (noncolloidal)
2.5
0.8
Silt loam (noncolloidal)
3.0
0.9
Ordinary firm loam
3.5
1.1
Fine gravel
5.0
1.5
Stiff clay (very colloidal)
5.0
1.5
Graded, loam to cobbles
(noncolloidal)
5.0
1.5
Graded, silt to cobbles (colloidal)
5.5
1.7
Alluvial silts (noncolloidal)
3.5
1.1
Alluvial silts (colloidal)
5.0
1.5
Coarse gravel (noncolloidal)
6.0
1.8
Cobbles and shingles
5.5
1.7
Shales and hard pans
6.0
1.8
Source - Adopted from recommendation by Special Committee on irrigation
Research, American Society of Civil Engineers, 1926, for channels with straight
alignment. For sinuous channels, multiply velocity by 0.95 for slightly sinuous,
January 24, 2002 587

by 0.9 for moderately sinuous channels, and by 0.$ for highly sinuous channels.
7-10 BORROW AND WASTE AREAS
When the person conducting the land disturbing activity is also the person conducting the
borrow or waste disposal activity, areas from which borrow is obtained and which are not
regulated by the provisions of the Mining Act oJ' 1971; and waste areas for surplus
materials other than landfills regulated by the Department's Division of Solid Waste
Management, shall be considered as part of the land disturbing activity where the borrow
material is being used or from which the waste material originated. When the person
obtaining the land disturbing activity is not the person obtaining the borrow and/or
disposing of waste, these areas shall be considered a separate land disturbing activity.
7-1 1 ACCESS AND HAUL ROADS
Temporary access and haul roads, other than public roads, constructed or used in
connection with any land disturbing activity shall be considered a part of such activity.
7-12 OPERATIONS IN LAKES OR NATURAL WATERCOURSES
Land disturbing activity in connection with construction in, on, over, or under a lake or
natural watercourse shall be planned and conducted in such a manner as to minimize the
• extent and duration of disturbance of the stream channel. The relocation of a stream,
where relocation is an essential part of the proposed activity, shall be planned and
executed so as to minimize changes in the stream flow characteristics, except when
justification for significant alteration to flow characteristic is provided.
•
* AdvisoryNote: The United States Army Corps of Engineers should be notified of any
planned operation in lakes or natural watercourses, including their adjacent wetlands, for
possible issuance of Section 404 or other permits.
7-13 RESPONSIBILITY FOR MAINTENANCE -
During the development of site, the person conducting the land disturbing activity shall
install and maintain all temporary and permanent erosion and sedimentation control
measures as required by the approved plan or any provision of this section of the
Ordinance, the act, or any order adopted pursuant to this section of the Ordinance or the
act. After site development, the landowner or person in possession or control ofthe land
shall install and/or maintain all necessary permanent erosion and sediment control
measures, except those measures installed within a road or street right-of-way or easement
accepted for maintenance by a governmental agency.
January 24, 2002 588

• 7-14 ADDITIONAL PROTECTIVE MEASURES
Whenever the Superintendent of Inspections determines that significant sedimentation is
occurring as a result of land disturbing activity, despite application and maintenance of
protective practices, the person conducting the land disturbing activity shall be required to
and shall take additional protective action.
7-15 EXISTING UNCOVERED AREAS
7-15.1 SITES SUBJECT TO CONTINUED ACCELERATED EROSION
All uncovered areas which exist on the effective date of this section of the Ordinance as a
result of land disturbing activity on a tract requiring a permit under this Article, which are
subject to continued accelerated erosion, and which are causing off -site damage from
sedimentation, shall be provided with a groundcover or other protective measures,
structures, or devices sufficient to restrain accelerated erosion and control off -site
sedimentation.
7-15.2 NOTICE OF VIOLATION
The Superintendent of Inspections will serve upon the land owner or other person in
• possession or control of the land a written notice of violation by registered or certified
mail, return receipt requested, or other means reasonably calculated to give actual notice.
The notice will set forth the measures needed to comply and will state the time within
which such measures must be completed. In determining the measures required and the
time allowed for compliance, the authority serving notice shall take into consideration the
economic feasibility, technology, and quantity of work required, and shall set reasonable
and attainable time limits of compliance.
•
7-15.3 EROSION CONTROL PLAN
The Superintendent of Inspections reserves the right to require preparation and approval
of an erosion control plan in any instance where extensive control measures are required.
7-15.4 PLANNED RESERVOIR
This rule shall not require groundcover on cleared land forming the future basin of a
planned reservoir.
January 24, 2002 589

0 7-16 PERMITS
•
7-16.1 REQUIRED; EXCEPTIONS
No person shall undertake any land disturbing activity subject to this Ordinance without
first obtaining a permit therefore from the Superintendent of Inspections, except that no
permit shall be required for any land disturbing activity:
(A) For the purpose of fighting fires;
(3) For the stockpiling of raw or processed sand, stone, or gravel in material
processing plants and storage yards, provided that sediment control measures have
been utilized to protect against off -site damage;
(C) That does not exceed twenty thousand (20,000) square feet in surface area on one
tract for construction of a single family dwelling or ten thousand (10,000) square
feet on one tract for any other purpose. In determining the area, lands under one
or diverse ownership being developed as a unit will be aggregated;
(D) Located outside Salem Lake Watershed and not exceeding twenty thousand
(20,000) square feet in surface area on one tract for construction of a single family
dwelling or ten thousand (10,000) square feet on one tract for any other purpose.
In determining the area, lands under one or diverse ownership being developed as
a unit, will be aggregated; or,
(E) Located within Salem Lake Watershed and not exceeding ten thousand (10,000)
square feet on one site for any purpose, or not exceeding twenty thousand
(20,000) square feet for construction of a single family dwelling which is located
on a lot existing prior to October 10, 1985, or a lot of a minor subdivision as
defined in the Subdivision Regulations (F,W)lSubdivision Ordinance (K,C,L). In
determining the area, land under one ownership, or land in diverse ownership being
developed as a unit, will be aggregated.
7-16.2 FEE
The fee for permits required by this section shall be one hundred eighty-five dollars ($185)
per site, plus ninety dollars ($90) for each acre or part of an acre to be gradcd up to a
maximum fee of three thousand one hundred filly dollars ($3,I50). When permits arc
requested for incremental grading in sections, the fee established by this section shall apply
to each permit. The fee for sites where grading begins before a permit is obtained shall be
as outlines in Section 5-22,1(C).
January 24, 2002 590

® 7-16.3 DISPLAY OF PERMIT
A development permit issued under this section of the Ordinance shall be prominently
displayed on the property until a protected area has been established.
7-16.4 LAPSING AND REINSTATEMENT OF PERMIT
(A) Approved grading plans shall become void thirty (30) days after the applicant has
been notified. Any future action on expired grading plans requires new plans to be
submitted and approved.
(B) A development permit shall lapse at the end of six (6) months, unless it is reissued
by the Superintendent of Inspections. When the development permit lapses and
the corrective action, as set forth in the development plan, has not been completed,
the developer or owner shall be in violation of this section of the Ordinance.
(C) The Superintendent of Inspections may, upon written request, reissue a lapsed
permit, to be effective for a period not to exceed sixty (60) working days from the
date of reissuance after review of the original development plan and on -site
inspection of the state of the work. The request for reissuance shall include the
reasons for incompletion of the work.
0 7-16.5 RECORDATION
Developer shall meet the requirements of State regulations for recordation and file in the
office of the Register of Deeds a record of use of any site for a landfill and a rehabilitation
reuse plan for the site, prior to the issuance of a zoning or grading permit.
7-17 IMPROVEMENT SECURITY REQUIRED OF CERTAIN PERMIT APPLICANTS
7-17.1 OUTSIDE SALEM LAKE WATERSHED
In areas outside Salem Lake Watershed, where the Superintendent of Inspections deems it
necessary to require security in order to assure performance ofthe conditions ofthe
pen -nit, the applicant for a permit to grade or remove vegetation or other protections from
an area in excess of five (5) acres shall be required to file with the Finance Director for the
appropriate jurisdiction an improvement security in the form of an escrow account or
other instruments satisfactory to the attorney for the appropriate jurisdiction, in an amount
deemed sufficient by the Superintendent of Inspections to cover all costs of protection or
other improvements required to establish protective cover on the site in conformity with
standards specified in this section of the Ordinance. Such security shall be valid until the
work is completed in accordance with the permit and until the sarne is released by the
Superintendent of Inspections. In case of a subdivision, the security required herein may
be included with the security required for streets and other subdivision improvements, if
any, and the instrument shall clearly specify the portion ofthe security applicable to the
requirements of this section ofthe Ordinance. The applicable security shall be forfeited
January 24, 2002 591

•
upon violation of this section of the Ordinance and shall be used to establish protective
cover on the site. Any monies in excess of the cost of establishing protective cover shall
be refunded to the developer. The security shall be released when the Superintendent of'
Inspections has certified that the requirements of this section ofthe Ordinance have been
met.
7-17.2 WITHIN SALEM LAKE WATERSHED
For areas located within the Salem Lake Watershed, the applicant for it permit to grade or
remove vegetation or other protection from an area in excess of three (3) acres shall be
required to file with the finance director for the appropriate jurisdiction an improvement
security in the forth of an escrow account or other instrument satisfactory to the attorney
for the appropriate jurisdiction, in an amount deemed sufficient by the Superintendent of
Inspections to cover all costs of protection or other improvements required to establish
protective cover on the site in conformity with the standards specified in this section of the
Ordinance. Such security shall be valid until the work is completed in accordance with the
permit and until the same is released by the Superintendent of Inspections. in case of a
subdivision, the security required herein may be included with the security required for
streets and other subdivision improvements, if any, and the instrument shall clearly specify
the portion of the security applicable to the requirements of this section of the Ordinance.
The applicable security shall be forfeited upon violation of this section of the Ordinance
and it shall be used to establish protective cover on the site. Any moneys in excess of the
cost of establishing protective cover shall be refunded to the developer. The security shall
be released when the Superintendent of Inspections has certified that the requirements of
this section of the Ordinance have been met.
7-18 EROSION AND SEDIMENTATION CONTROL PLANS
7-18.1 PREPARATION
An erosion control plan shall be prepared for all land disturbing activities on a tract
requiring a permit under this Article.
7-18.2 COPIES; REVISED PLANS
Persons conducting a land disturbing activity shall file three (3) copies of the erosion
control plan with the Superintendent of Inspections at least thirty (30) days prior to
beginning such activity. One copy of the erosion control plan will be retained by the
Superintendent of Inspections, one copy will be forwarded to the Forsyth Soil and Water
Conservation District, and one copy shall be kept at the job site. After approving the plan,
if the Superintendent of Inspections, either upon review of such plan or on inspection of
the job site, dctennines that a significant risk of accelerated erosion or off=
January 24, 2002 592

0
site sedimentation exists, he/she will require a revised plan. Pending the preparation ofthe
revised plan, work shall cease or shall continue under conditions outlined by the
Superintendent of Inspections.
7-18.3 STATEMENT OF FINANCIAL RESPONSIBILITY
Erosion control plans may be disapproved unless accompanied by an authorized statement
of financial responsibility and ownership. This statement shall be signed by the person
financially responsible for the land disturbing activity or his/her attorney -in -fact. The
statement shall include the mailing and street addresses of the principal place of business
of the person financially responsible and of the owner of the land or his/her registered
agents. I f the person financially responsible is not a resident of North Carolina, a North
Carolina agent must be designated in the statement for the purpose of receiving notice of
compliance or noncompliance with the plan, this Ordinance, or rules or orders adopted or
issued pursuant to this Ordinance.
7-18.4 REVIEW AND RECOMMENDATIONS
The Forsyth Soil and Water Conservation District, within twenty (20) days of receipt of
any plan, or within such additional time as may be prescribed by the Superintendent of
Inspections, shall review such plan and submit its comments and recommendations to the
Superintendent of Inspections. Failure of the soil and water conservation district to
submit its comments and recommendations within twenty (20) days or within the
prescribed additional time will not delay final action on the plan.
7-18.5 NOTICE OF APPROVAL, REJECTION, ETC.
The Superintendent of Inspections will review each complete plan submitted to hirnlher
and within thirty (30) days of receipt thereof will notify the person submitting the plan that
it has been approved, approved with modifications, approved with performance
reservations, or disapproved. Failure to approve or disapprove a complete erosion and
sedimentation control plan within thirty (30) days of receipt shall be deemed approval.
Denial of a plan must specifically state in writing the reasons for denial. The
Superintendent of Inspections must approve or deny a revised plan within fifteen (15) days
of receipt, or it is deemed to be approved. If, following commencement of a land
disturbing activity pursuant to an approved plan, the Superintendent of Inspections
determines that the plan is inadequate to meet the requirements ofthis section of the
Ordinance, the Superintendent of Inspections may require such revisions as are necessary
to comply with this section of the Ordinance. The approval of an Erosion Control Plan is
conditioned on the applicant's compliance with Federal and State water quality laws,
regulations, and rules. A copy of the Erosion Control Plan for any land disturbing activity
that involves the utilization of ditches for the purpose of de -watering or lowering, the
water table must be forwarded to the Director of the Division of Water Quaiity.
January 24, 2002 593

0 7-18.6 ENVIRONMENTAL DOCUMENT
Any plan submitted for a land disturbing activity for which an environmental document is
required by the North Carolina Environmental Policy Act (General Statute I I3A-I, et
seq.) shall be deemed incomplete until a complete environmental document is available for
review. The Superintendent of Inspections shall promptly notify the person submitting the
plan that the thirty (30) day time limit for review of the plan pursuant to Section 7-18.5 of
this Ordinance shall not begin until a complete environmental document is available for
review.
7-18.7 PREPARATION, FILING AND CONTENTS OF PLAN
It shall be the responsibility of the property owner or developer or his/her agent to apply
to the Superintendent of Inspections, on a form furnished by the Superintendent of
Inspections, for any development permit required by this section of the Ordinance. No
application for a development permit shall be accepted unless accompanied by a
development plan including; the information specified in this section. Unless the
Superintendent of inspections deems such seal and signature to be unnecessary due to the
simplicity of the site situation and the limited nature of the erosion control measures
required in the development plan, the development plan shall be prepared by, and shall
bear the seal and signature of, a registered professional engineer, architect, landscape
architect or a registered surveyor to the extent permitted by State law, and shall include
maps of the site, at a scale not smaller than one inch represents one hundred (100) feet ( I
to 100'), showing:
(A) Standard Documentation
Standard documentation, available in part from the offices of the Tax Assessor or
the Register of Deeds, which shall include the outer boundaries of the site, any
interior property lines or easements, the relation of the site to the nearest or
abutting street intersections, scale and north arrow, total acreage, ownership,
address, and tax block and lot numbers of the property;
(B) Existing Conditions
Existing conditions, available in part from the Planning; Board, which shall include:
structures, roads, driveways and contours at intervals of not more than four (4)
feet, with elevations referred to mean sea level; wooded areas, any intermittent or
permanent springs; any streams or other bodies of surface water, and, the location,
dimensions and type of any existing constructed drainageway to, from or within
the site;
(C) Proposed Development Plans
The proposed development plan, including any structures to be established or
removed, any streets, roadways, driveways, parking or loading areas, easements or
rights -of -way to be added or changed; any changes of ditches, catch basins,
. terraces or other devices; any nonvcgetative protection of support, including
paving, riprap, walls or other structures or surfaces; areas of vegetation to be
January 24, 2002 594

11
removed, location of trees to be retained and proposed vegetative cover; and,
excepting applications for subdivision approval only, location of sewage treatment
facilities, including septic tank and drain field, if public or community sewerage is
not available; and,
(D) Other
A statement, referenced to the map(s) if appropriate, as to whether the site will be
developed in sections and any profiles, earth movement computations, drainage
calculations, grading specifications, temporary and permanent protective measures,
including planting, or other explanatory data necessary for the interpretation ofthc
site preparation, protection and development plan.
7-18.8 DISAPPROVAL
An erosion control plan may be disapproved upon a finding that an applicant, or any
parent or subsidiary corporation if the applicant is a corporation:
(A) Without An Approved Plan; Violation
Is conducting or has conducted land disturbing activity without an approved plan,
or has received notice of violation of a plan previously approved by the
Commission or a local government pursuant to the act and has not complied with
the notice within the time specified in the notice;
(I3) Civil Penalty
Has failed to pay a civil penalty assessed pursuant to the act or a local ordinance
adopted pursuant to the act which is due and for which no appeal is pending;
(C) Misdemeanor or Criminal Provision
Has been convicted of a misdemeanor pursuant to General Statute 1 13A-b4(b) or
any criminal provision of local ordinance adopted pursuant to the act; or,
(D) Failed to Comply
Has failed to substantially comply with State rules or local ordinances or
regulations adopted pursuant to the act.
For purposes of this Section 7-18.8, an applicant's record may be considered for only two
(2) years prior to the application date.
January 24, 2002 595

0 7-18.9 AMENDMENT OF PLAN
0
Application for amendment of an erosion control plan in written and/or graphic form may
be made at any time under the same conditions as the original application. Until such time
as said amendment is approved by the Superintendent of Inspections, the land disturbing
activities shall not proceed except in accordance with the erosion control plan as originally
approved.
7-19 APPEALS BY PERMIT APPLICANT OR MOLDER
7-19.1 GENERAL
Except as provided in Section 7-19.2, the appeal of a disapproval or approval with
modifications of a plan shall be governed by the following provisions:
(A) Appeal to Board of Adjustment
Appeal from any decision of the Superintendent of Inspections by the applicant for,
or holder of, a development permit shall be to the Board of Adjustment. The
applicant or holder of a development permit shall have fifteen (15) calendar days
from the date of written denial or revocation of a permit, or from denial of an
extension of or an amendment to a permit, within which to appeal. An appeal shall
be perfected by filing written notice, with reasons therefore, with the
Superintendent of Inspections within the time period prescribed.
(B) Board of Adjustment Action
The Board of Adjustment may afT=, reverse or modify the decision of the
Superintendent of Inspections, based upon a finding or determination as to
whether the applicant or permit holder has net the requirements and conditions for
the issuance of a development permit, extension thereofor an amendment thereto,
as specified in this section of the Ordinance. The Board of Adjustment may
impose further requirements or conditions upon the issuance, extension or
amendment of a permit as may reasonably be deemed necessary to accomplish the
purposes declared in this section of the Ordinance. Pending appeal, grading at the
site shall proceed only in accordance with a currently effective development permit
and plan issued and approved by the Superintendent of Inspections.
(C) Appeal from Board of Adjustment
Appeal from the Board of Adjustment shall be to the North Carolina
Sedimentation Control Commission as provided in General Statute 1 13A-61(c)
and 15 NCAC 413 .0081(b), with notice of appeal filed within fifteen (15) days
following issuance of the decision.
January 24, 2002 596

• 7-19.2 NOTIFICATION AND APPEAL TO THE COMMISSION
In the event that an erosion control plan is disapproved pursuant to Section 7-18.8 of this
Ordinance, the Superintendent of Inspections shall notify the Director of the Division of
Land Resources of such disapproval within ten ( 10) days. The Superintendent of
Inspections shall advise the applicant and the Director in writing as to the specific reasons
that the plan was disapproved. The applicant may appeal the Superintendent of
Inspections's disapproval of the plan pursuant to Section 7-18.8 of this Ordinance directly
to the Commission.
7-20 COMPLIANCE WITH PLAN REQUIREMENTS
7-20.1 VIOLATION
Any person engaged in land disturbing activities who fails to file a plan in accordance with
this Ordinance, or who conducts a land disturbing activity except in accordance with
provisions of an approved development plan shall be deemed in violation of this
Ordinance.
7-20.2 NO BUILDING PERMITS
No building permits shall be issued until the required temporary erosion control measures
arc installed in accordance with the approved development plan.
7-20.3 NO CERTIFICATE OF OCCUPANCY
No certificate of occupancy shall be issued or granted where required under applicable
subdivision or zoning regulations or other laws and ordinances unless and until the
required erosion control measures at the site have been completed in accordance with a
valid permit.
7-21 INSPECTIONS AND INVESTIGATIONS
7-21.1 PERIODIC INSPECTION
Agents, officials or other qualified persons authorized by the Superintendent of
Inspections will periodically inspect sites of land disturbing activity to determine
compliance with the act, this chapter, or rules or orders adopted or issued pursuant to this
chapter. and to determine whether the activity is being conducted in accordance with an
approved plan, and whether the measures required in the plan are effectively controlling
the erosion and sediment resulting from the land disturbing activity. Notice of the right to
inspect shall be included in the notification of plan approval.
January 24, 2002 597

0 7-21.2 NOTICE OF VIOLATION
If, through inspection, it is determined that a person engaged in land disturbing activity has
failed to comply with the act, this chapter, or rules or orders adopted or issued pursuant to
this chapter, or has failed to comply with an approved plan, a notice of violation shall be
served upon that person by registered or certified mail or other means reasonably
calculated to give actual notice. The notice shall set forth the measures necessary to
achieve compliance with the plan, specify a reasonable time period within which such
measures must be completed, and warn that failure to correct the violation within the time
period will result in the assessment of a civil penalty or other enforcement action.
However, no time period for compliance need be given for failure to submit an erosion
control plan for approval or for obstructing, hampering, or interfering with an authorized
representative while in the process of carrying out his official duties. If the person
engaged in land disturbing activity fails to comply within the time specified, enforcement
action shall be initiated.
7-21.3 CONDUCTING INVESTIGATIONS
The Superintendent of Inspections shall have the power to conduct such investigations as
he may reasonably deem necessary to carry out his duties as described in this section of
the Ordinance, and for this purpose to enter at reasonable times upon any property, public
or private, for the purpose of investigating and inspecting the sites of any land disturbing
activity. No person shall refuse entry or access to any authorized representative or agent
of the city who requests entry for purposes of inspection, and who presents appropriate
credentials, nor shall any person obstruct, hamper, or interfere with any such
representative while in the process of carrying out his official duties. An administrative
search warrant may be obtained as provided in Section 1 _ 10 of the Forsyth County Code
and other applicable laws.
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0 7-21.4 WRITTEN STATEMENTS OR REPORTS UNDER OATH
The Superintendent of Inspections shall also have the power to require written statements,
or the filing of reports under oath, with respect to pertinent questions relating to land
disturbing activity.
7-21.5 NOTIFICATION TO SUPERINTENDENT OF INSPECTIONS
The holder of a development permit shall notify the Superintendent of Inspections when
grading is to begin and again when the graded area has been protected.
7-22 PENALTIES
7-22.1 CIVIL PENALTIES
(A) Procedure
Any person who violates any of the provisions of this section of the Ordinance, or
rules, or orders adopted or issued pursuant to this section of the Ordinance, or
who initiates or continues a land disturbing activity for which an erosion control
plan in required, except in accordance with the terms, conditions, and provisions of
an approved plan, shall be subject to a civil penalty of not more than five thousand
• dollars ($5,000) except that the penalty for failure to submit an erosion control
plan shall be as provided in Section 7-22.1(C). No penalty shall be assessed until
the person alleged to be in violation has been notified of the violation by registered
or certified mail, return receipt requested, or other means reasonably calculated to
give actual notice. The notice shall describe the violation with reasonable
particularity, specify a reasonable time period within which the violation must be
corrected, and warn that failure to correct the violation within the time period will
result in the assessment of a civil penalty or other enforcement action. If after the
allotted time period has expired, the violator has not completed corrective action, a
civil penalty may be assessed from the day the violation is first detected. However,
no time period for compliance need be given for failure to submit an erosion
control plan for approval or for obstructing, hampering, or interfering with an
authorized representative while in the process of carrying out his official duties.
Each day of continuing violation shall constitute a separate violation. A person
may be assessed a one-time civil penalty ofup to five thousand dollars ($5,000) for
the day the violation is first detected.
(B) Amount and Enforcement
The Superintendent of Inspections shall determine the amount ofthe civil penalty
to be assessed under this section and shall make written demand for payment upon
the person in violation, and shall set forth in detail a description of the violation for
which the penalty has been irnposed. In determining the amount ofthc penalty, the
Superintendent of Inspections shall consider the degree and extent of harm caused
by the violation and the cost of rectifying the damage. Notice of the assessment
shall be by registered or certified mail or other means reasonably calculated to give
January 24, 2002 599

actual notice. If payment is not received or equitable settlement reached within
thirty (30) days after demand for payment is made, the matter shall be referred to
the City/County Attorney for institution of a civil action in the name of the City of'
Winston-Salem/Forsyth County in the appropriate division of the general courts of'
justice for recovery of the penalty. Any sums recovered shall be used to carry out
the purposes and requirements of this chapter. Such actions must be filed within
three (3) years of the date the final decision was served on the violator.
(C) Erosion Control Plan
Any person who commences grading activities without a pert -nit shall be subject to
a single, noncontluing civil penalty equal to double the normal permit fee, not to
exceed one thousand dollars ($1,000). Any person who is subject to it civil penalty
tinder this section maybe subject to additional civil penalties for violation orally
other provision of this chapter, or rules or orders adopted or issued pursuant to
this Ordinance.
(D) Disbursal of Penalties
Civil penalties collected pursuant to this Ordinance shall be used or disbursed as
directed by General Statute 113A-b4(2).
7-22.2 CRIMINAL PENALTIES
• Any person who knowingly or willfully violates any provision of this section of the
Ordinance, or rule or order adopted or issued pursuant to this section of the
Ordinance, or who knowingly or willfully initiates or continues a land disturbing
activity for which an erosion control plan is required except in accordance with the
terms, conditions, and provisions of an approved plan, shall be guilty of a Class 2
misdemeanor which may include a fine not to exceed five thousand dollars
($5,000).
E.
7-23 INJUNCTIVE RELIEF
7-23.1 VIOLATION OF THE ORDINANCE
Whenever the Superintendent of Inspections has reasonable cause to believe that any
person is violating or threatening to violate this Ordinance, or any rule or order adopted or
issued pursuant to this Ordinance, or any term, condition, or provision of an approved
erosion control plan, he/she may, either before or after the institution of any other action
or proceeding authorized by this Ordinance, institute a civil action in the name of the City
of'Winston-Salem/Forsyth County for injunctive relief to restrain the violation or
threatened violation. The action shall be brought in the Superior Court of Forsyth
County.
January 24, 2002 600

• 7-23.2 ORDER TO ABATE VIOLATION
•
Upon determination by a court that an alleged violation is occurring or is threatened. it
shall enter such orders or judgments as are necessary to abate the violation or to prevent
the threatened violation. The institution of an action for injunctive relief under this section
Shall not relieve any party to such proceedings from any civil or criminal penalty
prescribed for violations of this section of the Ordinance.
7-24 PERMITS AND DEVELOPMENT PLANS PRESENTLY IN EFFECT TO REMAIN IN
EFFECT
All permits and development plans approved by the Superintendent of Inspections and
other corrective measures required pursuant to the previous erosion control ordinance
Shall remain in full force and effect as if they had been approved pursuant to this section of
the Ordinance; provided, however, any renewals or amendments of the permits and
development plans previously approved shall be controlled by this section of the
Ordinance.
7-25 SEVERABILITY
If any section or sections of this Ordinance is/are held to be invalid or unenforceable, all
other sections shall nevertheless continue in full force and effect.
7-26 EFFECTIVE DATE
This Ordinance shall become effective upon adoption.
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