BROOKFORD_COMPLETE FILE - HISTORICAL_20050627

NUH I H UAHULINA
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STORMWATER DIVISION CODING SHEET
Municipalities NOT MS4
PERMIT NO.
NCS0000_ ft[C
DOC TYPE
❑ COMPLETE FILE - HISTORICAL
MOC%T RFC'FNT
DATE
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YYYYM M DD

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality nt, PEPT. of ENVI'RONMENr;, .
AND Krlkr. _
Michael F. Easley, Governor William G R s06 Secretary
"Alan FDirector
June 22, 2005
Mayor Robert Smith
Town of Brookford
1700 South Center street
Hickory, North Carolina 28602
Dear Mr. Smith;
JUN 2 7 2005
;V
,- .
MEN d"Y SECTION
Subject. NPDES Permit Number NCS000418
Catawba County, Town of Brookford.
In accordance with your application for a stormwater discharge permit received on March
7, 2003, and as amended, we are forwarding herewith the subject state - NPDES permit. This
permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and
the Memorandum of Agreement between North Carolina and the US Environmental Protection
agency dated May 9, 1994 (or as subsequently amended).
Numerous comments were received during the public comment period. The attached
document summarizes comments regarded by DWQ as the foremost and DWQ's response to
those. comments. You may review, all the comments and response to comments at:
http://'n2o.enr.state.nc.us/suiNPDES Phase_11 Stormwater_Program.htm
If any parts contained in this permit are unacceptable to you, you have the right to an
adjudicatory hearing upon written request within thirty (30) days following receipt of this letter.
This request must be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office
Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this
decision shall be final and binding.
This permit does not affect the legal requirements to obtain other permits which may be
required by the Division of Environmental Management or permits required by the Division of
Land Resources, Coastal Area Management Act or any other State, Federal or Local
governmental permit that may be required.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 N. Salisbury SI., Raleigh, Noah Carolina 27604
Phone: [phone] FAX: [phone]) Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
NorthCarolina
. Naturally

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telephone number 919/733-5083 ext. 545.
Sincerely,
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Alan W. Klimek, P.E.
cc: Mike Mitchell, EPA Region IV
Central Files
Stormwater and General Permit Unit Files
DWQ Regional Office

STATE of NORTH CAROLINA
DF.PA RTMFNT of F_.NVTRONMF.NT and NATIJRAL RESOURCES
DIVISION of WATER QUALITY
PPUX41T Nn Nf C(1n(ld1 R
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the regulations promulgated and adopted by the North Carolina
Environmental Management Commission, and the Federal Water Pollution Control Act, as
amended,
Town of Brookford
is hereby authorized to discharge stormwater from their municipal separate storm sewer system
located:
within the town of Brookford Jurisdictional Area
Catawba County
to receiving waters, Henry Fork, Longview Creek, Pepsi Branch, Geitner Branch, Barger Branch,
Muddy Creek, Jacob Fork, Rock Creek, Douglas Creek, Camp Creek, Hop Creek, South Fork
Catawba River, Pott Creek, Cow Branch, Sampson Creek, Haas Creek, Rhodes Mill Creek, and
Howard Creek, within the Catawba River basin in accordance with the discharge limitations,
monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, VI, VII and VIII
hereof.
This permit shall become effective July 1, 2005.
This permit and the authorization to discharge shall expire at midnight on June 30, 2010.
Signed this day June 22, 2005.
&A "
Alan W. XJimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission

TABLE OF CONTENTS
PART I PERMIT COVERAGE
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
SECTION B: PUBLIC EDUCATION AND OUTREACH
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
PART III PROGRAM ASSESSMENT
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
SECTION C: MONITORING AND RECORDS
PART Vi LIMITATIONS REOPENJER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIII DEFINITIONS

PERMIT NO. NCS000418
PART I PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until
expiration, the town of Brookford is authorized to discharge stormwater from the
municipal separate storm sewer system (MS4) to receiving waters, Henry Fork, Longview
Crtc.n, Pepsi Branch, vGiu[er 1J[[i[il.11, Dalgc[ LBIiAll[:[1, lV11.1(JUy LrCCK, JaCUb t"Oi'K, ICOCK
Creek, Douglas Creek, Camp Creek, Hop Creek, South Fork Catawba River, Pott Creek,
Cow Branch, Sampson Creek, Haas Creek, Rhodes Mill Creek, and Howard Creek,
within the Catawba River basin. Such discharge will be controlled, limited and
monitorcu M accordance with the permittee's Comprehensive Stormwater Management
Program Report, herein referred to as the Stormwater Plan. The Stormwater Plan
includes components of the permittee's Phase II Municipal NPDES Stormwater Permit
Application, NPDES Stormwater Permit Application Comprehensive Stormwater
Management Program Report and any approved modifications.
2. All discharges authorized herein shall be adequately managed in accordance with the
terms and conditions of this permit. Any other point source discharge to surface waters
of the state is prohibited unless it is an allowable non-stormwater discharge or is covered
by another permit, authorization, or approval.
3. This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
4. This permit covers activities associated with the discharge of stormwater from the MS4
within the jurisdictional area of the permittee as described in the approved local
Stormwater Plan to control potential pollution from the MS4. The permit applies to
current and future jurisdictional areas of the permittee, as well as areas that seek coverage
under this permit through inter -local or other similar agreements with permittee.
Agreements for coverage under this permit must be approved by the Division of Water
Quality, herein referred to as the Division.
The Division may deny or revoke coverage under this permit for separate entities and
require independent permit coverage as deemed necessary. In addition, the permittee may
petition the Division to revoke or deny coverage under this permit for specific entities.
6. Under the authority of Section 402(p) of the Clean Water Act and implementing
regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1
and Session Law 2004-163 and in accordance with the approved Stormwater Plan, all
provisions contained and referenced in the Stormwater Plan are enforceable parts of this
permit. The permittee will develop and implement its approved Stormwater Plan in
accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the
Director, and the provisions of this permit.
7. The permit requires the development and proper implementation of the Stormwater
Management Plan. The purpose of the Stormwater Management Plan is to reduce the
Part I Page 1 of 2

PERMIT NO. NCS000418
discharge of pollutants from the MS4 to the maximum extent practicable, to protect water
quality, and to satisfy the applicable water quality requirements of the Clean Water Act.
Implementation of best management practices consistent with the provisions of the
Stormwater Management Plan constitutes compliance with the standard of reducing
pollutants to the maximum extent practicable. Successive iterations of the Stormwater
Management Plan and other components of this permit will be driven by the objective of
assuring that discharges do not cause or contribute to the violation of water rn,ality
standards, through the expansion and tailoring of management measures within the scope
of the Stormwater Management Plan.
8. The hermit authorizes the point sonrre cficrhnrm- of 0nrmxvnb r rnnnff from th, AAQA J_
addition, discharges of non-stormwater are also authorized through MS4 of the permittee
if such discharges are:
(a) Permitted by, and in compliance with, another NPDES discharge permit including
discharges of process and non -process wastewater, and stormwater associated
with industrial activity; or
(b) Determined to be incidental non-stormwater flows that do not significantly impact
water quality and may include:
• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters (does not include reclaimed water as described in 15A
NCAC 2H .0200);
• spnngs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential and charity car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flows from emergency fire fighting.
The Division may require that non-stormwater flows of this type be controlled
by the permittee's Stormwater Plan.
Part I Page 2 of 2

PERMIT NO. NCS000418
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED
DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittee will implement, manage and oversee all provisions of its Stormwater Plan to
reduce pollutants discharged from the MS4. This includes, but is not limited to, the following
areas:
The permittee will develop and maintain adequate legal mechanism, such as regulations,
ordinances, policies and procedures to implement all provisions of the Stormwater Plan.
The permittee will keep the Division advised of the status of development of appropriate
ordinances and legal authorities and will pursue these authorities in accordance with the
schedule outlined in the Stormwater Plan.
2. The permittee's Stormwater Plan will be implemented and managed such that the
discharge of pollutants from the MS4 is reduced to the maximum extent practicable. It is
anticipated that in order to meet this provision, implementation of the Stormwater Plan
will occur with emphasis given to priority areas and to management measures and
programs that are most effective and efficient at varying stages of the plan's
implementation.
3. The permittee will implement the components of the Stormwater Plan to prohibit, to the
maximum extent practicable, illicit connections, spills and illegal dumping into the MS4.
4. The permittee will implement provisions of the Stormwater Plan as appropriate to
monitor and assess the performance of the various management measures that are a part
of the Stormwater Plan. This will include the provisions of this permit.
5. The permittee will maintain adequate funding and staffing to implement and manage the
provisions of the Stormwater Plan.
6. The permittee will implement appropriate education, training, outreach, and public
involvement programs to support the objectives of this stormwater discharge permit and
the Stormwater Plan.
7. The permittee will implement a program to reduce pollution from construction site runoff
as described in the Stormwater Plan and in accordance with this permit.
8. The permittee will implement a post -construction site runoff control program to regulate
new development and redevelopment by requiring structural and non-structural best
management practices to protect water quality, to reduce pollutant loading, and to
minimize post -development impacts. This program will include provisions for long-term
operation and maintenance of BMPs.
Part II Page 1 of 12

PERMIT NO. NCS000418
9. The permittee will evaluate municipal operations and develop and implement an
appropriate program for municipal activities and ongoing operation and maintenance of
municipal facilities to reduce the potential for stormwater pollution.
10. Proposed permit modifications must be submitted to the Director for approval.
Part H Page 2 of 12

PERMIT NO. NCS000418
SECTION B: PUBLIC EDUCATION AND OUTREACH
1. Objectives for Public Education and Outreach
(a) Distribute educational materials to the community.
(b) Conduct public outreach activities.
(c) Raise public awareness on the causes and impacts of stormwater pollution.
(d) Inform the public on steps they can take to reduce or prevent stormwater pollution.
2. BMPs for Public Education and Outreach
The permittee shall implement the following BMPs to meet the objectives of the Public
Education and Outreach Program and shall notify the Division prior to modification of any goals.
BMP
Ia ,Measurable Goals,.,
XR.
-YR
YR.
YR
YR
,. 2
.3 '
4
S ,
(a) Establish a Public
Develop a public education program and
X
X
X
X
X
Education and
implement within 12 months of the permit
Outreach Program
issue date. Incorporate outreach elements
for significant minority and disadvantaged
communities.
(b) Informational Web Site
Develop and maintain internet web site.
X
X
X
X
Post newsletter articles on stormwater,
information on water quality, stormwater
projects and activities, and ways to contact
stormwater management program staff.
(c) Public education
Develop general stormwater educational
X
X
X
X
materials for schools,
material to appropriate target groups as
homeowners, and/or
likely to have a significant stormwater
businesses
impact. Instead of developing its own
materials, the permittee may rely on state -
supplied Public Education and Outreach
materials, as available, when
implementing its own program.
(d) Public education
Distribute written educational material to
X
X
X
X
material dissemination
a broad public audience. Possibilities
include, but are not limited to utility
mailouts and at special events.
Part H Page 3 of 12

PERMIT NO. NCS000418
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public, including major economic and ethnic groups,
to participate in program development and implementation.
(b) Comply with applicable state and local public notice requirements.
2. BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of
any goals.
Measurable Goals
YR .
-'YR
YR
YR
YR
(a) Administer a Public
Develop and implement a Public
X
X
X
X
X
Involvement Program
Involvement and Participation Program.
(b) Allow the public an
Conduct at least one public meeting to
X
opportunity to review
allow the public an opportunity to review
and comment on the
and comment on the Stormwater Plan.
Stormwater Plan
(c) Organize a volunteer
Organize and implement a volunteer
X
X
X
X
community
stormwater related program designed to
involvement program
promote ongoing citizen participation.
(d) Establish a Citizens'
Develop a citizens' group for input on
X
X
X
X
Group
stormwater issues and the stormwater
program.
Part H Page 4 of 12

PERMIT NO. NCS000418
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
1. Objectives for Illicit Discharge Detection and Elimination
(a) Detect and eliminate illicit discharges, including spills and illegal dumping.
(b) Address significant contributors of pollutants to the MS4. The perinittee may
ri-m 1rF- cn.-r-i fir- Pnntrr%le forµ i-itrnnnr of rlicrhornnc or nrnhihit thnt Ali rr.h•. rrrc.
t ...... t,...,..... vbvaJ u.b...,, v. t�. v... jai ...u� UINCriu[se
completely, if one or more of these categories of sources are identified as a
significant contributor of pollutants to the MS4.
(c) Implement appropriate enforcement procedures and actions.
(d) Develop a storm sewer system map showing all outfalls and waters receiving
discharges.
(e) Inform employees, businesses, and the general public of hazards associated with
illegal discharges and improper disposal of waste.
2. BMPs for Illicit Discharge Detection and Elimination
The permittee shall implement the following BMPs to meet the objectives of the Illicit
Discharge Detection and Elimination Program and shall notify the Division prior to
modification of any goals.
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(a) Develop/Implement
Develop and implement an Illicit
X
.
Illicit Discharge
Discharge Detection and Elimination
Detection and
Program. Include provisions for program
Elimination Program
assessment and evaluation.
(b) Establish and
Establish and maintain adequate legal
X
X
maintain appropriate
authorities to prohibit illicit discharges
legal authorities
and enforce the approved Illicit Discharge
Detection and Elimination Program.
(c) Develop a Storm
Identify outfall locations and map
X
X
X
X
Sewer System Base
stormwater drainage system components.
Mau
At a minimum, mavaina components
includes outfalls, drainage areas, and
receiving streams.
(d) Implement illicit
Implement an inspection program to
X
X
X
X
discharge detection
detect dry weather flows at system
procedures
outfalls. Establish procedures for tracing
the sources of illicit discharges and for
removing the sources. Develop procedures
for identification of priority areas likely to
have illicit discharges. Continue to
identify, locate, and update map of
drainage system components on a priority
basis per approved Illicit Discharge
Program.
Part 11 Page 5 of 12

PERMIT NO. NCS000418
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pYR
hYR
x.
5
(e) Conduct employee
Conduct training for municipal staff on
x
x
cross -training
detecting and reporting illicit discharges.
(f) Provide public
Inform. public employees, businesses, and
X
X
education
the general nuhlic of hnzarfis associated-i
with illegal discharges and improper
disposal of waste.
(g) Establish a public
Establish and publicize a reporting
x
x
x
x
reporting mechanism
mechanism for the public to report illicit
discharges.
Part 11 Page 6 of 12

PERMIT NO. NCS000418
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stormwater runoff from construction activities disturbing one
or more acres of land surface and those activities less than one acre that are part of'
a larger common plan of development-
(b) Provide procedures for public input, sanctions to ensure compliance, requirements
for construction site operators to implement appropriate erosion and sediment
control practices, review of site plans which incorporates consideration of'
notentlal water quality imparts anti nrocedures for site .nsr,ectio �
enforcement of control measures.
(c) Establish requirements for construction site operators to control waste such as
discarded building materials, concrete truck washout, chemicals, litter, and
sanitary waste at the construction site that may cause adverse impacts to water
quality.
2. BMPs for Construction Site Runoff Controls
The permittee shall implement the following BMPs to meet the objectives of the
Construction Site Runoff Controls and shall notify the Division prior to modification of any
goals.
BMP
-.rILM6surabie Goals ..
y-
YR
YR;
.,YR,
YR
YRI'
(a) Implement a program
Develop a regulatory mechanism and
X
X
X
X
X
and establish a
implement a program requiring erosion
regulatory. mechanism
and sediment controls at construction sites
for erosion and
and providing for sanctions to ensure
sediment control
compliance. Instead of originating a new
program, the permittee may elect to
comply by relying on the NCDENR
Division of Land Resources (DLR)
Erosion and Sediment Control Program,
either as administered by the DLR, or as
delegated by the Sedimentation Control
Commission (SCC) to another entity with
appropriate jurisdiction, including the
permittee. The permittee may rely on the
DLR program only to the extent that that
program satisfies all of the following
BMPs.
(b) Develop requirements
Require construction site operators to
X
X
X
X
X
on construction site
implement erosion and sediment control
operators
BMPs and to control construction site
wastes that may cause adverse water
quality impacts.
Part II Page 7 of 12

PERMIT NO. NC5000418
BMP
Measurable Goals
YR
YR
YR
YR
YR
1
2
3
4
5
(c) Provide educational
New materials may be developed by the
X
X
X
X
X
and training materials
permittee, or the permittee may use
for construction site
materials adopted from other programs
operators
and adapted to the permittee's
construction runoff controls program.
(d) Institute plan reviews
Review construction plans and establish
X
X
X
X
X
procedures that incorporate water quality
consideration in conctr�uctinn Sites plan
s a. a�vti .i�av ptutt
reviews.
(e) Establish public
Establish procedures for receipt and
X
X
X
X
X
information procedures
consideration of erosion and
sedimentation information submitted by
the public. Publicize the procedures and
contact information. The procedures must
lead directly to a site inspection or other
timely follow-up action.
(f) Establish inspection
Establish procedures for site inspection
X
X
X
X
X
and enforcement
and enforcement of control measure
procedures
requirements. The procedures should
include prioritizing areas of inspections
based on local criteria.
Part Il Page 8 of 12

PERMIT NO. NCS000418
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development / redevelopment that drains to
the MS4 and disturbs an acre or more of land surface, including projects less than
an acre that are part of a larger common plan of development or sale.
(b) Provide a mechanism to require long term operation and maintenance of BMPs.
(C) Ensure controls are. in p1arP. fn minim. e water nuality impacts.
2. BMPs for Post -Construction Site Runoff Controls
The permittce's stormwater management ordinance and any subsequent amendments and the
additional BMPs below shall be implemented throughout the permittee's jurisdictional area to
meet the objectives of the Post -Construction Site Runoff Control Program.
BMP"
Measuirable Goals:
YR
; YR]"YR
:YR
YW
(a) Establish a Post-
Develop, adopt by ordinance (or similar
X
X
Construction
regulatory mechanism), implement, and
Stormwater
enforce a program to address stormwater
Management Program
runoff from new development and
redevelopment. The ordinance must be
reviewed and approved by the Director
prior to implementation. Ensure that
controls are in place to prevent or
minimize water quality impacts.
(b) Establish strategies
Develop and implement strategies that
X
X
X
which include BMPs
include a combination of structural and/or
appropriate for the MS4
non-structural BMPs. Provide a
mechanism to require long-term operation
and maintenance of structural BMPs.
Require annual inspection reports of
permitted structural BMPs performed by a
ualified professional.
(c) Establish a program to
Control the sources of fecal coliform to
X
X
X
control the sources of
the maximum extent practicable.
fecal coliform to the
Develop and implement an oversight
maximum extent
program to ensure proper operation and
practicable
maintenance of on -site wastewater
treatment systems for domestic
wastewater. Municipalities must
coordinate this program with the county
health department.
Part H Page 9 of 12

PERMIT NO. NCS0004I8
3. The evaluation of Post -construction Stormwater Management Program measures
(a) Those areas within the jurisdictional area of the permittee that are already subject
to the existing state stormwater management programs listed herein are deemed
compliant with the post -construction stormwater management model practices
identified in (b) below. The listed programs are: the Water Supply Watershed
protection programs for WS-1— WS-IV waters, the HQW and ORW waters
management strategies, the Neuse River Basin Nutrient Sensitive Waters
Management Strategy, the Tar -Pamlico River Basin Nutrient Sensitive Waters
Management Strategy, and the Randleman Lake Water SuDDly Watershed
program.
(b) Model Practices. For those areas within the jurisdictional area of the permittee
that are not subject to the post -construction stormwater management provisions of
another existing state stormwater management program, the permittee's Post -
construction Stormwater Management Program must equal or exceed the
stormwater management and water quality protection provided by the following
model practices.
(i) The permittee may issue a local stormwater management permit to a
development or redevelopment project as either a low density project or a
high density project.
(ii) A project may be permitted as a low density project if it meets the
following criteria:
(A) No more than two dwelling units per acre or 24% built -upon area;
(B) Use of vegetated conveyances to the maximum extent practicable;
(C) All built -upon areas are at least 30 feet landward of perennial and
iluG11 u1LLG 11l JU11dGti-i W[1LGl .l, [U ll.l,
(D) Deed restrictions and protective covenants are required by the
locally issued permit and incorporated by the development to
ensure that subsequent development activities maintain the
development (or redevelopment) consistent with the approved
plans.
(iii) A project not consistent with the requirements for a low density project
may be permitted as a high density project if it meets the following
requirements:
(A) The stormwater control measures must control and treat the
difference between the pre -development and post -development
conditions for the 1-year 24-hour storm. Runoff volume
drawdown time must be a minimum of 24 hours, but not more than
I20 hours;
Part II Page 10 of 12

PERMIT NO. NCS000418
(B) All structural stormwater treatment systems must be designed to
achieve 85% average annual removal of total suspended solids;
(C) Stormwater management measures must comply with the General
Engineering Design Criteria For All Projects requirements listed in
15A NCAC 2H .1008(c);
(D) All built -upon areas are at least 30 feet landward of perennial and
intermittent ce�r£s��a ;!raterc; and
i
(E) Deed restrictions and protective covenants are required by the
locally issued permit and incorporated by the development to
ensure that subsequent development activities maintain the
development (or redevelopment) consistent with the approved
plans.
(c) Watershed Protection Plans. Public bodies may develop and implement
comprehensive watershed protection plans that may be used to meet part, or all, of
the requirements for post -construction stormwater management.
(d) A regulated entity may develop its own comprehensive watershed plan, may use
the model ordinance developed by the Commission, may design its own post -
construction practices based on the Division's guidance and engineering standards
for best management practices, or it may incorporate the post -construction model
practices to satisfy, in whole or in part, the requirements for post -construction
stormwater management.
Part H Page 1 I of 12

PERMIT NO. NCS000418
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
1. Objective for Pollution Prevention and Good Housekeeping for Municipal
Operations
Prevent or reduce stormwater pollution from municipal operations.
2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The permittee shall implement the following BMPs to meet the objectives of the Pollution
Prevention and Good Housekeeping Program and shall notify the Division prior to
modification of any goals.
BMP
Measurable Goals
YR
YR
YR
I'R
YR
(a) Develop an operation
Develop an operation and maintenance
X
X
and maintenance
program that has the ultimate goal of
program
preventing or reducing pollutant runoff
from municipal operations.
(b) Inspection and
Develop an inventory of all facilities and
X
X
X
X
X
evaluation of facilities,
operaiions owned and operated by the
operations, and the
permittee with the potential for generating
MS4 system and
polluted stormwater runoff, including the
associated structural
MS4 system and associated structural
BMPs.
BMPs. Inspect potential sources of
polluted runoff, the stormwater controls,
and conveyance systems. Evaluate the
sources, document deficiencies, plan
corrective actions, and document the
accomplishment of corrective actions.
(c) Conduct staff training
Conduct staff training specific for
X
X
X
pollution prevention and good
housekee in rocedures.
(d) Review of municipality
Conduct annual review of the industrial
X
X
X
owned or operated
activities with a Phase I NPDES
regulated industrial
stormwater permit owned and operated by
activities
the permittee. Review the following
aspects. the Stormwater Pollution
Prevention Plan where one is required, the
timeliness of any monitoring reports
required by the Phase I permit, and the
results of inspections and subsequent
follow-up actions at the facilities.

PERMIT NO. NCS000418
PART III PROGRAM ASSESSMENT
Implementation of the Stormwater Plan will include documentation of all program
components that are being undertaken including, but not limited to, inspections,
maintenance activities, educational programs, implementation of BMPs, enforcement
actions, and other stormwater activities. If monitoring and sampling are being performed
documentation of results shall be included. Documentation will be kept on -file by the
permittee for a period of five years and made available to the Director or his authorized
representative immediately upon request.
2. I tic pcl;rilttee's Stormuwate Plan will be reviewed and updated as necessary, DUt at least
on an annual basis. The perrrlittee will submit a report of this evaluation to the Division
on an annual basis. This information will be submitted by August 31 of each year and
cover the previous year's activities from July 1 to June 31. The permittee's reporting will
include appropriate information to accurately describe the progress, status, and results of
the permittee's Stormwater Plan and will include, but is not limited to, the following
components:
(a) The permittee will give a detailed description of the status of implementation of
the Stormwater Plan. This will include information on development and
implementation of all components of the Stormwater Plan for the past year and
schedules and plans for the year following each report.
(b) The permittee will adequately describe and justify any proposed changes to the
Stormwater Plan. This will include descriptions and supporting information for
the proposed changes and how these changes will impact the Stormwater Plan
(results, effectiveness, implementation schedule, etc.).
(c) The permittee will document any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater Plan.
In addition, any changes in the cost of, or funding for, the Stormwater Plan will be
documented.
(d) The permittee will include a summary of data accumulated as part of the
Stormwater Plan throughout the year along with an assessment of what the data
indicates in light of the Stormwater Plan.
(e} The permittee will provide information on the annual expenditures and budget
anticipated for the year following each report along with an assessment of the
continued financial support for the overall Stormwater Plan.
(f) The permittee will provide a summary of activities undertaken as part of the
Stormwater Plan throughout the year. This summary will include, but is not
limited to, information on the establishment of appropriate legal authorities,
project assessments, inspections, enforcement actions, continued inventory and
review of the MS4, education, training and results of the illicit discharge detection
and elimination program.
Part III Page I of 2

PERMIT NO. NCS000418
3. The Director may notify the permittee when the Stormwater Plan does not meet one or
more of the requirements of the permit. Within 30 days of such notice, the permittee will
submit a plan and time schedule to the Director for modifying the Stormwater Plan to
meet the requirements. The Director may approve the corrective action plan, approve a
plan with modifications, or reject the proposed plan. The permittee will provide
certification in writing (in accordance with Part IV, Paragraph 2) to the Director that the
changes have been made. Nothing in this paragraph shall be construed to limit the
Director's ability to conduct enforcement actions for violations of this permit.
4. The Division may request additional reporting information as necessary to assess the
progress and results of the permittee's Stormwater Plan.
Part ID Page 2 of 2

PERMIT NO. NCS0004I8
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
Records
The permittee shall retain records of all information required by,this permit for a period
of at least 5 years from the date of acquisition. This period may be extended by request of
the Director at any time prior to the end of the five-year period.
2. Report Submittals
(a) Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
Department of Environment and Natural Resources
Division of Water Quality
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
(b) All applications, reports, or information submitted to DWQ shall be signed by a
principal executive officer, ranking elected official or duly authorized
representative. A person is a duly authorized representative only if:
(i) The authorization is made in writing by a principal executive officer or
ranking elected official;
(ii) The authorization specified either an individual or a position having
responsibility for the overall operation of a regulated facility or activity or
an individual or position having overall responsibility for
env iron men tal/stormwater matters; and
(iii) The written authorization is submitted to the Director.
(c) Any person signing a document under paragraphs (a) or (b) of this section shall
make the following certification:
"1 certify, under penalty of law, that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, trip accurate
and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing
violations."
Part IV Page 1 of 2

PERMIT NO. NCS000418
3. Recording Results
For each activity performed or information collected pursuant to the requirements of this
permit, the pennittee shall record the following information:
(a) The dates, exact place, and time of the activity or information collected;
(b) The individual(s) who performed activity;
(c) The techniques or methods used; and
(d) The results of such activity or information collected.
4. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any
noncompliance that may constitute an imminent threat to health or the environment. Any
information shall be provided orally within 24 hours from the time the permittee became
aware of the circumstances. A written submission shall also be provided within 5 days of
the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times, and if the noncompliance
has not been corrected, the anticipated time compliance is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has
been received within 24 hours.
5. Annual Reporting
The permittee will submit reporting and monitoring information required by this permit
on an annual basis per Part III of this permit on forms provided by the DWQ.
--....
u. PMUILIunal Reporting
The Director may request reporting information on a more frequent basis as deemed
necessary either for specific portions of the permittee's Stormwater Plan, or for the entire
Program.
7. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in applying
to be covered under this permit or in any report to the Director, it shall promptly submit
such facts or information.
Part W Page 2 of 2

PERMIT NO. NCS000418
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of permit
coverage upon renewal application.
(a) The permittee shall comply with standards or prohibitions established under
Section 307(a) of the Clean Water Act for toxic pollutants within the time
provided in the regulations that establish these standards or prohibitions, even if
the permit has not yet been modified to incorporate the requirement.
(b) The Clean Water Act provides that any person who violates a permit condition is
subject to a civil penalty not to exceed the maximum amounts authorized by
Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act
(28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31
U.S.C. §3701 note) (currently $27,500 per day for each violation). Any person
who negligently violates any permit condition is subject to criminal penalties of
$2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year,
or both. Any person who knowingly violates permit conditions is subject to
criminal pens►}ties of $5 000 to 0-50nnn - day of iolln►:.„+ • €Ur
L _____._� , . w-�-,--a N-a uu� vi iv.uu.�i�, or r�i�prisvn�Ticil� lv1
not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $1 l ,000 per violation
with the maximum amount not to exceed $137,500. [Ref: Section 309 of the
Federal Act 33 USC 1319 and 40 CFR 122.41(a)]
(c) Under state law, a daily civil penalty of not more than twenty-five thousand
dollars ($25,000) per violation may be assessed against any person who violates
or fails to act in accordance with the terms, conditions, or requirements of a
permit. [Ref: North Carolina General Statutes 143-215.6A]
(d) Any person may be assessed an administrative penalty by the Administrator for
violating sections 301, 302, 306, 307, 308, 318 or405 of this Act, or any permit
condition or limitation implementing any of such sections in a permit issued under
section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative
penalties for Class I violations are not to exceed the maximum amounts
authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties
Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt
Collection Improvement Act (31 U.S.C. §3701 note) (currently $1 1,000 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class II violations
Part V, VI, VII & VIII Page 1 of I 1

PERMIT NO. NCS000418
are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of
the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461
note) as amended by the Debt Collection Improvement Act (31 U.S.C_ §3701
note) (currently $1 1,000 per day for each day during which the violation
continues, with the maximum amount of any Class 11 penalty not to exceed
$137,500).
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit that has a reasonable likelihood of adversely affecting human
health or the environment.
3. Civil and Criminal Liability
Nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,
143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319.
Furthermore, the permittee is responsible for consequential damages, such as fish kills,
even though the responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the
permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the
Federal r-k L, 33 V J.�Of-I 1 JL 1 .
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property
or any invasion of personal rights, nor any infringement of federal, state or local laws or
regulations.
6. Severability
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder of this permit,
shall not be affected thereby.
Part V, VI, VII & VM Page 2 of 11

PERMIT NO. NCS000418
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information
which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the coverage issued pursuant to this permit or to
determine compliance with this permit. The permittee shall also furnish to the Director
upon request, copies of records required by this permit.
8. Penalties for Tampering
The ('I, -.an Water Art nrnyides that nn,r nere�n —1— F•.Ir+F �.. tampers +l 1 1
Y J t-' --u lulallles, LQ111pers with, or 'Known1rly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person
under this paragraph, punishment is a fine of not more that $20,000 per day of violation,
or by imprisonment of not more than 4 years, or both.
9. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
be maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
10. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any permit
condition.
Part V, VI, VII & VID Page 3 of 11

PERMIT NO. NCS000418
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are owned and/or operated by
the permittee to achieve compliance with the conditions of this permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
Part V, VI, VH & VTII Page 4 of 1 1

PERMIT NO. NCS000418
SECTION C: MONITORING AND RECORDS
I. Representative Sampling
When required herein, stormwater samples collected and measurements taken shall be
characteristic of the volume and nature of the permitted discharge. Analytical stormwater
sampling shall be performed during a representative storm event. These samples shall be
taken on a day and time that is characteristic of the discharge. Where appropriate, all
stormwater samples shall be taken before the discharge joins or is diluted by any other
waste strearn, body of water, or substance. When specified herein, monitoring points
P_.Ctnh1ished in this nor it chill not be chsanand W;thn,Ut notification' *^ and l f the
- r- b� .0 approvalL11
Director.
2. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used to ensure the accuracy and
reliability of measurements of the volume of monitored discharges.
3. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting
Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the
Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels and all data generated must be reported
down to the minimum detection or lower reporting level of the procedure.
4. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
which discharges through a MS4, an authorized representative of a municipal operator or
the MS4 receiving the discharge, upon the presentation of credentials and other
documents as may be required by law, to;
(a) Enter upon the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this permit;
(b) Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this permit;
(c) Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this permit;
and
Part V, VI, VII & V1H Page 5 of 11

PERMIT NO. NCS000418
(d) Sample or monitor at reasonable times, for the purposes of assuring permit
compliance or as otherwise authorized by the Clean Water Act, any substances or
parameters at any location.
5. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section
308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of
this permit shall be available for public inspection at the offices of the Division of Water
Quality. As required by the Act. analvtical data shall not he. rnncidered hnnfir1Pnti At
Knowingly making any false statement on any such report may result in the imposition of
criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal
Act.
Part V, V1, VU & VM Page 6 of 11

PERMIT NO. NCS00041 S
PART VI LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules,
and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title i 5A
of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General
Statute 143-215.1 et. al.
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pay the fee in a timely manner in accordance with
15A NCAC 2H A 105(b)(4) may cause this Division to initiate action to revoke the permit.
Part V, V I, VII & VIII Page 7 of I I

PERMIT NO. NCS000418
PART VIII DEFINITIONS
I. Act
See Clean Water Act.
2. Best Man' cement Practice BMP
Measures or practices used to reduce the amount of pollution entering surface waters.
BMPs can be structural or non-structural and may take the form of a process, activity,
physical structure or planning (see non-structural isiv►P).
Built -upon Area
That portion of a development project that is covered by impervious or partially
impervious surface including, but not limited to, buildings; pavement and gravel areas
such as roads, parking lots, and paths; and recreation facilities such as tennis courts.
"Built -upon area" does not include a wooden slatted deck, the water area of a swimming
pool, or pervious or partially pervious paving material to the extent that the paving
material absorbs water or allows water to infiltrate through the paving material.
4. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
5. Common Plan of Development
A construction or land disturbing activity is part of a larger common plan of development
if it is completed in one or more of the following ways:
• In separate stages
• In separate phases
• In combination with other construction activities
It is identified by the documentation (including but not limited to a sign, public notice or
hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing
plans, contracts, permit application, zoning request, or computer design) or physical
demarcation (including but not limited to boundary signs, lot stakes, or surveyor
markings) indicating that construction activities may occur on a specific plot.
It can include one operator or many operators.
6. Dement
Department means the North Carolina Department of Environment and Natural
Resources
Part V, VI, VII & VIII Page 8 of 11

PERMIT NO. NCS000418
7. Division (DWO)
The Division of Water Quality, Department of Environment and Natural Resources.
Director
The Director of the Division of Water Quality, the permit issuing authority.
9. EMC
The North Carolina Environmental Management Commission.
10. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly
analyzed or qualitatively monitored must be taken within the first 30 minutes of
discharge.
11. Hazardous Substance
Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water
Act.
12. Illicit Discharge
Any discharge to a MS4 that is not composed entirely of stormwater except discharges
pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non-
stormwater discharges, and discharges resulting from fire -fighting activities.
1 A inrMctrinl Activity
For the purposes of this permit, industrial activities shall mean all industrial activities as
defined in 40 CFR 122.26.
14. Municipal Separate Storm Sewer System MS4
Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains):
i. Owned or operated by the United States, a State, city, town, county, district,
association, or other public body (created by or pursuant to State law) having
jurisdiction over disposal of sewage, industrial wastes, stormwater, or other
wastes, including special districts under State law such as a sewer district, flood
control district or drainage district, or similar entity, or an Indian tribe or an
authorized Indian tribal organization, or a designated and approved management
Part V, VI, VH & VIII Page 9 of I 1

PERMIT NO. NCS000418
agency under Section 208 of the Clean Water Act (CWA) that discharges to
waters of the United States or waters of the State.
ii. Designed or used for collecting or conveying stormwater,
in. Which is not a combined sewer; and
iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40
CFR 122.2
15, Non-stormwater Discharge Categories
The following are categories of non-stormwater discharges that the permittee must
address if it identifies them as significant contributors of pollutants to the storm sewer
system: water line flushing, landscape irrigation, diverted stream flows, rising
groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR
35.2005(20)], uncontaminated pumped groundwater, discharges from potable water
sources, foundation drains, air conditioning condensation, irrigation water, springs, water
from crawl space pumps, footing drains, lawn watering, individual residential car
washing, flows from riparian habitats and wetlands, dechlorinated swimming pool
discharges, and street wash water (discharges or flows from fire fighting activities are
excluded from the definition of illicit discharge and only need to be addressed where they
are identified as significant sources of pollutants to waters of the United States).
16. Non-structural BMP
Non-structural BMPs are preventive actions that involve management and source controls
such as: (1) Policies and ordinances that provide requirements and standards to direct
growth to identified areas, protect sensitive areas such as wetlands and riparian areas,
maintain and/or increase open space, provide buffers along sensitive water bodies,
minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2)
policies or ordinances that encourage infill development in higher density urban areas,
and areas with existing storm sewer infrastructure; (3) education programs for developers
and the public about minimizing water quality impacts; (4) other measures such as
minimizing the percentage of impervious area after development, use of measures to
minimize directly connected impervious areas, and source control measures often thought
of as good housekeeping, preventive maintenance and spill prevention.
17. Outfall
The point of wastewater or stormwater discharge from a discrete conveyance system. See
also point source discharge of stormwater.
1$. Permittee
The owner or operator issued this permit.
Part V, VI, V11 & VM Page 10 of 1 I

PERMIT NO. NCS000418
19. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited
to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which
stormwater is or may be discharged to waters of the state.
20. Redevelopment
Means any rebuilding activity unless that rebuilding activity,
1. Results in no net increase in built -upon area, and
2. Provides equal or greater stormwater control than the previous development.
21. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
22. Total Maximum Daily Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can
receive and still meet water quality standards, and an allocation of that amount to the
pollutant's sources. A TMDL is a detailed water quality assessment that provides the
scientific foundation for an implementation plan. The implementation plan outlines the
steps necessary to reduce pollutant loads in a certain body of water to restore and
maintain water quality standards in all seasons. The Clean Water Act, Section 303,
establishes the water quality standards and TMDL programs.
23. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Part V, VI, VfI & VIII Page 11 of 11

�O.
\14A Michael F. Easley, Governor
'Y William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
T- Alan W. Klimek, P. E. Director
> y Division of Water Quality
Q Coleen H. Sullins, Deputy Director
Division of Water Quality
STAFF REVIEW AND EVALUATION
NPDES Stormwater Permit
Facility Name: Town of Maiden
NPDES Permit Number: NCS000481
Facility Location: Town of Maiden
Type of Activity: Municipal Separate Storm Sewer System
Receiving Stream: Allen Creek, Betts Branch, Clark Creek, Maiden Creek, Long Branch.
Bills Branch, and Shady Branch.
River Basin: Catawba River Basin
Stream Classification: WS-11; HQW, CA, C C rSEP7-
Proposed Permit Requirements: See attached draft Permit
�•��- ;•
Compliance Schedule: See Part V, Section A of the attached draft permit
Basis for Monitoring: Not applicable
Basis for Other Requirements: Not applicable�}� .
Response Requested by (Date): June 24, 2005
DOCUMENTS REVIEWED it F1
NPDES Stormwater Permit Application Form
Narrative Application Supplement: Stormwater Management Program Report
Recommendation: Based on the documents reviewed, the application information submitted on May 5, 2004, is
sufficient to issue an Individual Stormwater Permit.
Prepared by (Signature) Date
Stormwater and General Permits Supervisor��Date%�Z�s�
Concurrence by Regional Off-ice7!_/�� _ [C'� J(-�'�"'` _ Date E✓���b S�
Water Quality Supervisor
Date
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone]
�r�,ra�im
Customer Service
1-877-623-6748

Regional Office Staff Comments

W A TF Michael F. Easley, Governor
O� pG W i G. Ross Jr., Secretary
North Carolina Department of Environment
and Natural Resources
l Alan W. Klimek, P. E. Director
Division of Water Quality
p Coleen H. Sullins, Deputy Director
Division of Water Quality
May 27, 2005
Todd Clark, Town Manager
P.O. Box 125
113 West Main Street
Maiden, NC 28650
Subject: NPDES Permit Number NCS000481
Additional Information Request
Dear Mr. Clark:
After a review of your permit application materials, I found that with changes to
Stormwater Management Plan identified herein, there is sufficient content to continue with the
review and drafting of your permit.
The Town of Maiden will need to develop and maintain internet web site. Post
newsletter articles on stormwater, information on water quality, stormwater projects and
act; anrui �> vc to wntact 4rrr.+.unto. r CC
.�, ., l.� — v..�u�.L ,i Lviiiirvuu.l lilanagl.lilell C progr nln stall.
The Town of Maiden will need to establish and publicize a reporting mechanism for the
public to report illicit discharges.
If the Town of Maiden owns or operates any industrial activities with a Phase I
NPDES stormwater permit the town will need to conduct annual review of those
activities.
Enclosed for your review and comment is a preliminary draft Phase H NPDES
Stormwater Permit for the Town of Maiden. We believe that this draft permit will provide your
community with the flexibility vital for your community, while at the same time safeguarding
and protecting our natural environment for future generations of North Carolinians.
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699.1617 [phone]
Customer Service
1-877-623-6748

r
Please provide the additional information requested and your comments on the
preliminary draft permit by Friday, June 24, 2005. We would like to incorporate as many
revisions as possible before the public notice. You will also have an opportunity to submit
comments during the public comment period. If you have any questions, concerns, or suggested
revisions about the preliminary draft permit don't hesitate to contact me at [phone], ext.
545.
Sincerely,
>4-k11- 9,4
Mike Randall
Environmental Engineer
cc: Stormwater and General Permits Unit
DWQ Regional Office

STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
Di V ia1" r of VV Arl ER QUALI T Y
PERMIT NO. NCS000481
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINA'IiI"ON SYSTEM
In compliance with the regulations promulgated and adopt d'by th'e�N -th -Srolina
Environmental Management Commission, and the Federal Water Pollution Control Act, as
amended, "' ti
Town of
is hereby authorized to discharge stormwater frorri,fheir municipal separate storm sewer system
located: ' =a
within the Tow ,5fM- aitlen Jurisdictional Area
Catawba andLincoln County
to receiving waters, Allen Creek, Betts Branch, Clark Creek, Maiden Creek, Long Branch, Bills
Branch, and Shady Branch, withinll�ie=,Ca awba River basin in accordance with the discharge
limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, VI,
VH and VIII hereof.
This permit shall become effective Month Day, Year.
This permit and the authorization to discharge shall expire at midnight on Month Day, Year.
Signed this day Month Day, Year.
Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission

PERMIT NO. NCS000481
TABLE OF CONTENTS
nA YJIV 7 nr7nA4T7' !vllYTCn A rL
1 t1i\ 1 1 i lA,_ly 11 <.V V
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
SECTION B: PUBLIC EDUCATION AND OUTREACH
SECTION C: PUBLIC INVOLVEMENT AND PAR CIP�ITIO
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
SECTION E: CONSTRUCTION SITE RUNO CONTRO�.S
SECTION F: POST -CONSTRUCTION S RVNOFF CONTROLS
SECTION G: POLLUTION PREVEO AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
PART III PROGRAM ASSESSMENT
PART IV REPORTING AND�RECORD KEEPING REQUIREMENTS
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
SECTION R: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
SECTION C: MONITORING AND RECORDS
PART VI LIMITATIONS REOPENER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIII DEFINITIONS
i

PERMIT NO. NCS000481
PART I PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until
expiration, the Town of Maiden is authorized to discharge stormwater from the municipal
separate storm sewer system (MS4) to receiving waters, Allen Creek, Betts Branch, Clark
Creek, Maiden Creek, Long Branch, Bills Branch, and Shady Branch, within the Catawba
River Basin. Such discharge will be controlled, limited and monitored in accordance
with the permittee's Comprehensive Stormwater Managemet. rogram Report, herein
referred to as the Stormwater Plan. The Stormwater,P;)an�meiudes components of the
permittee's Phase II Municipal NPDES Stormwate PPermit Appiic on, NPDES
Stormwater Permit Application Comprehensive Sto"mter Ma iagement Program
Report and any approved modifications.`
2. All discharges authorized herein shall be adcquate y managed in accordance with the
terms and conditions of this permit. Anytherfoint source discharge to surface waters
of the state is prohibited unless it is an al wable non-stormwater discharge or is covered
by another permit, authorization'(Zr approval.
3. This permit does not relieve the per nittee'fr'om responsibility for compliance with any
other applicable federal, state?", local l`ar ,rule, standard, ordinance, order, judgment, or
decree. W r
4. This permit covers act] vitiesrassociated with the discharge of stormwater from the MS4
within the jurisdictional area of the permittee as described in the approved local
Stormwater Plan to control potential pollution from the MS4. The permit applies to
current and future jurisdictional areas of the permittee, as well as areas that seek coverage
under this permit through inter -local or other similar agreements with permittee.
Agreements for coverage under this permit must be approved by the Division of Water
Quality, herein referred to as the Division.
5. The Division may deny or revoke coverage under this permit for separate entities and
require independent permit coverage as deemed necessary. In addition, the permittee may
petition the Division to revoke or deny coverage under this permit for specific entities.
6. Under the authority of Section 402(p) of the Clean Water Act and implementing
regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1
and Session Law 2004-163 and in accordance with -the approved Stormwater Plan, all
provisions contained and referenced in the Stormwater Plan are enforceable parts of this
permit. The permittee will develop and implement its approved Stormwater Plan in
accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the
Director, and the provisions of this permit.
7. The permit requires the development and proper implementation of the Stormwater
Management Plan. The purpose of the Stormwater Management Plan is to reduce the
discharge of pollutants from the MS4. to the maximum extent practicable, to protect water
Part I Page 1 of 2

PERMIT NO. NCS000481
quality, and to satisfy the applicable water quality requirements of the Clean Water Act.
Implementation of best management practices consistent with the provisions of the
Ctnrmwater Management Plan rnnstitute,, cmmnliance with the Onnd.9rd of rerfnrinu
pollutants to the maximum extent practicable. Successive iterations of the Stormwater
Management Plan and other components of this permit will be driven by the objective of
assuring that discharges do not cause or contribute to the violation of water quality
standards, through the expansion and tailoring of management measures within the scope
of the Stormwater Management Plan.
8. The permit authorizes the point source discharge of stormwwatei runoff from the MS4. In
addition, discharges of non-stormwater are also autho edd YhAro.Ugh thZ MS4 of the
permittee if such discharges are:
(a) Permitted by, and in compliance with, anotffer N$D�ES discharge permit including
discharges of process and non -process wastewater,and stormwater associated
with industrial activity; or ZYW
(b) Determined to be incidental non-gforrdWaa�tiFf flows that do not significantly impact
water quality and may'ii�de:
• water line flushing;O
• landscape irrigation;
• diverted stre flows;
• rising groundw�-ters`-
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges ll Vlll tJVLdU1G V1+[ILGI Jollrl.es;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters (does not include reclaimed water as described in 15A
i�CAC 2ri .020v),
• springs;
• water from crawl space pumps;
• footing drains;-
• lawn watering;
• residential and charity car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flows from emergency fire fighting.
The Division may require that non-stormwater flows of this type be controlled
by the permittee's Stormwater Plan.
Part I Page 2 of 2

PERMIT NO. NCS000481
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED
DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittee will implement, manage and oversee all provisions of its Stormwater Plan to
reduce pollutants discharged from the MS4. This includes, but is not limited to, the following
areas: A, .e
1. The permittee will develop and maintain adequate legal ecfiani'§mfsuch as regulations,
ordinances, policies and procedures to implement allgpr vision of the Stormwater Plan.
The permittee will keep the Division advised of the�statu�s of development of appropriate
�. ::a4.
ordinances and legal authorities and will pursue.these autq; Hties in accordance with the
schedule outlined in the Stormwater Plan.
2. The permittee's Stormwater Plan will be �t.mpiented and managed such that the
discharge of pollutants from the MSkAreduced to the maximum extent practicable. It is
�`n\ .'`t
anticipated that in order to mee� thissprovist, implementation of the Stormwater Plan
will occur with emphasis give pto-p ,-,ty areas and to management measures and
programs that are most effective and off cient at varying stages of the plan's
implementation.
e components of the Stormwater Plan to prohibit, to the 3. The permittee will implemen th
maximum extent practicable, illicit connections, spills and illegal dumping into the MS4.
4. The permittee will implement provisions of the Stormwater Plan as appropriate to
monitor and assess the performance of the various management measures that are a part
of the Stormwater Plan. This will include the provisions of this permit.
5. The permittee will maintain adequate funding and staffing to implement and manage the
provisions of the Stormwater Plan.
6. The permittee will implement appropriate education, training, outreach, and public
involvement programs to support the objectives of this stormwater discharge permit and
the Stormwater Plan.
7. The permittee will implement a program to reduce pollution from construction site runoff
as described in the Stormwater Plan and in accordance with this permit.
8. The permittee will implement a post -construction site runoff control program to regulate
new development and redevelopment by requiring structural and non-structural best
management practices to protect water quality, to reduce pollutant loading, and to
minimize post -development impacts. This program will include provisions for long-term
operation and maintenance of BMPs.
Part U Page 1 of 11

PERMIT NO. NCS000481
9. The permittee will evaluate municipal operations and develop and implement an
appropriate program for municipal activities and ongoing operation and maintenance of
mnnirinnl fnriIitir c to rPdnre the nntP.ntinI fnr stnrrnwnte.r nnlliition
10. Proposed permit modifications must be submitted to the Director for approval.
Part H Page 2 of 11

PERMIT NO. NCS000481
SECTION B: PUBLIC EDUCATION AND OUTREACH
1. Objectives for Public Education and Outreach
(a) Distribute educational materials to the community.
(b) Conduct public outreach activities.
(c) Raise public awareness on the causes and impacts
(d) Inform the public on steps they can take to reduced
pollution.
2. BMPs for Public Education and Outreach 'anm*x�'
The permittee shall implement the following 131
Education and Outreach Program and shall noti
.&
pollution.
water
Beet the objectives of the Public
visifn prior to modification of any goals.
ji--f:1�1'
,,,„
4n '9 ' 1 :
i► F'NON
IVleasurable Goals'
#1�r
Y
fYR
.YR i
-t
YA,
-'4y+wht.
YR'
C_
YR'"
,,y,
(a) Establish a Public
Develop a pub` Ffeducation program and
X
X
X
X
X
Education and
impllment within 12 months of the permit
Outreach Program
issue�date. hicorporate outreach elements
for significant minority and disadvantaged
communities.
(b) Infonnational Web Site
Develop and maintain internet web site.
X
X
X
X
X
Post newsletter articles on .stormwater,
infonnation on water quality, stonnwater
projects and activities, and ways to
contact stormwater management program
staff.
(c) Public education
Develop general stormwater educational
X
X
X
X
X
materials for schools,
material to appropriate target groups as
homeowners, and/or
likely to have a significant stormwater
businesses
impact. Instead of developing its own
materials, the permittee may rely on state -
supplied Public Education and Outreach
materials, as available, when
implementing its own program.
(d) Public education
Distribute written educational material to
X
X
X
X
X
material dissemination
a broad public audience. Possibilities
include, but are not limited to utility
mailouts and at special events.
Part H Page 3 of I

PERMIT NO. NCS000481
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public, including major economic and ethnic groups,
to participate in program development and implementation.
(b) Comply with applicable state and local public notice
eguirements.
2. BMPs for Public Involvement and Participation
t
The permittee shall implement the following BMPs to me—ety the objectives of the Public
Involvement and Participation Program and shall notify, the Division prior to modification of
any goals.
. �531011E.
111 1-2
GoalsR
a 'surable
I'RYRIN
44
K,wa
.D�._ _
b 1
(a) Administer a Public
Develop dhmmp°lement a Public
X
X
X
X
X
Involvement Program
Involvemmentiand rticipation Program.
(b) Allow the public an
Conduct at least one public meeting to
X
opportunity to review
allow�the pubic an opportunity to review
and comment on the
and omment on the Stormwater Plan.
Stormwater Plan
(c) Organize a volunteer
Organize and implement a volunteer
X
X
X
X
X
community
stormwater related program designed to
involvement program
promote ongoing citizen participation.
(d) Establish a Citizens'
Develop a citizens' group(s) for input on
X
X
X
X
X
Group(s)
stormwater issues and the stormwater
program.
Part 11 Page 4 of II

PERMIT NO. NCS00048 l
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
1. Objectives for Illicit Discharge Detection and Elimination
(a) Detect and eliminate illicit discharges, including spills and illegal dumping.
(b) Address significant contributors of pollutants to the,MS4'. The permittee may
require specific controls for a category of dis�rliargsor prohibit that discharge
Y w W M- C
completely, if one or more of these categories of sources -are. dentitied as a
significant contributor of pollutants to the MS4J1V &
(c) Implement appropriate enforcement procedund actions.
z
(d) Develop a storm sewer system map�showmg�lZutfalls'
and waters receiving
discharges. ..��
(e) Inform employees, businesses, an the general public of hazards associated with
`w xa. 'uax `f�
illegal discharges and imProperdislJosal of waste.
2. BMPs for Illicit Dischar "'Detection and Elimination
The permittee shall implement the following BMPs to meet the objectives of the Illicit
Discharge Detection and Elimination Program and shall notify the Division prior to
modification of any goals.
��',I31VIP r
r
r.1Vleasuraole.Goals� ` ,"YR�
_�YRi
: YRY�R
(a) Develop/Implementwm
Develop and implement an Illicit
X
X
X
X
X
Illicit Discharge
Discharge Detection and Elimination
Detection and
Program. Include provisions for program
Elimination Program
assessment and evaluation.
(b) Establish and maintain
Establish and maintain adequate legal
X
X
X
X
X
appropriate legal
authorities to prohibit illicit discharges
authorities
and enforce the approved Illicit Discharge
Detection and Elimination Program.
(c) Develop a Storm Sewer
Identify outfall locations and map
X
X
X
X
X
System Base Map
stormwater drainage system components.
At a minimum, mapping components
includes outfalls, drainage areas, and
receiving streams.
Part 11 Page 5 of 11

PERMIT NO. NCS000481
r
„ . BMP
= 1VIe'r ble G,
a asura oals E
"Ylt
YR
-�
ro4Z94
YR
YRg$
W4
(d) Implement illicit
Implement an inspection program to
X
X
X
X
X
discharge detection
detect dry weather flows at system
procedures
outfalls. Establish procedures for tracing
the sources of illicit discharges and for
removing the sources. Develop procedures
for identification of priority areas likely to
have illicit discharges. Continue to
identify, locate, and update ma 3,of
basis per approved Illicit Discharge
,tea.
Program. -
(e) Conduct employee
Conduct training for municipal gaffron
X
X
X
X
X
cross -training
IV If N .W.
detecting and report . g 1� citj(Rc arees.
r Ad
(f) Provide public
Inform p6blic employe sbusinesses, and
X
X
X
X
X
education
the generk�`PPU1;1'i_'c'%,1�hvzardsassociated
with illega-discharges and improper
disposzirof waste.*
(g) Establish a public
Estab"lislkajtd�publicize a reporting
X
X
X
X
X
reporting mechanism
meclzun ss for the public to report illicit
discharges.
Part H Page 6 of 11

PERMIT NO. NCS000481
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stormwater runoff from construction activities disturbing one
or more acres of land surface and those activities less than one acre that are part of
a larger common plan of development.
(b) Provide procedures for public input, sanctions to ensure compliance, requirements
for construction site operators to implement appropriate erosion and sediment
control practices, review of site plans which incorporates consideration of
"I An;
potential water quality impacts, and procedures for9site,ibspecTion and
enforcement of control measures.`
(c) Establish requirements for construction site*of0uttors to control waste such as
discarded building materials, concrete truckwashoubchemicals, litter, and
sanitary waste at the construction sAl
% a se adverse impacts to water
quality.
2. BMPs for Construction Site
The permittee relies on the NCDENR Diwi'gibn afdL nd Resources (DLR) Erosion and Sediment
Control Program to comply with this;min'� munumeasure.
The NCDENR Division of Land R`i✓sourcesTrosion and Sediment Control Program effective
meets the requirements of the Construction Site Runoff Controls by permitting and controlling
development activities disturbing one or more acres of land surface and those activities less than
one acre that are part of a larger common plan of development. This program is authorized under
the Sediment pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina
Administrative Code. This program includes procedures for public input, sanctions to ensure
compliance, requirements for construction site operators to implement appropriate erosion and
sediment control practices, review of site plans which incorporates consideration of potential
water quality impacts, and procedures for site inspection and enforcement of control measures.
NCDENR Division of Water Quality NPDES general permit for construction activities
(NCG010000), specifically Par 1, Section A, Paragraphs 3, 4, 5, and b, effectively meets the
above requirements. The NCG010000 permit establishes requirements for construction site
operators to control waste such as discarded building materials, concrete truck washout,
chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to
water quality.
The permittee must provide and promote a means for the public to notify the appropriate
authorities of observed erosion and sedimentation problems. The permittee may implement a
plan promoting the existence of the NCDFNR; Divieinn of T.nnd Resniirc_.ec "Stop lv nd" hotline
to meet the requirements of this paragraph.
The permittee may pursue local government implementation of the Erosion and Sediment
Control Prnaram by rerniPstinv �i "minnr mridifiontinn" to the nPrmit
Part H Page 7 of I 1

PERMIT NO. NCS000481
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development 1 redevelopment that drains to
the MS4 and disturbs an acre or more of land surface, including projects less than
an acre that are part of a larger common plan of development or sale.
(b) Provide a mechanism to require long term operation,and%maintenance of BMPs.
(c) Ensure controls are in place to minimize
2. BMPs for Post -Construction Site Runoff
The permittee shall implement the following BMs"t meet the objectives of the Post -
Construction Stormwater Management Program.
•',;.
r_�
0,2
YR
I1M
(a) Establish a Post-
Develop t'b, ordinance (or similar
X
X
X
X
X
Construction
�aaZjj
regulatory mechanism), implement, and
WV
Stormwater
enforce a program to address stormwater
Management Program
runofAfrom new development and
redevelopment. The ordinance must be
reviewed and approved by the Director
prior to implementation. Ensure that
controls are in place to prevent or
minimize water quality impacts.
(b) Establish strategies
Develop and implement strategies that
X
X
X
X
X
which include BMPs
include a combination of structural and/or
appropriate for the
non-structural BMPs. Provide a
MS4
mechanism to require long-term operation
and maintenance of structural BMPs.
Require annual inspection reports of
permitted structural BMPs performed by a
qualified professional.
(c) Establish a program to
Control the sources of fecal coliform to
X
X
X
X
X
control the sources of
the maximum extent practicable.
fecal coliform, to the
Develop and implement an oversight
maximum extent
program to ensure proper operation and
practicable
maintenance of on -site wastewater
treatment systems for domestic
wastewater. Municipalities must
coordinate this program with the county
health department.
Part H Page 8 of I I

PERMIT NO. NCS000481
0
The evaluation of Post -construction Stormwater Management Program measures
(a) Those areas within the jurisdictional area of the permittee that are already subject
to the existing state stormwater management programs listed herein are deemed
compliant with the post -construction stormwater management model practices
identified in (b) below. The listed programs are: the Water Supply Watershed
protection programs for WS-I — WS-1V waters, the HQW and ORW waters
management strategies, the Neuse River Basin Nutrient Sensitive Waters
Management Strategy, the Tar -Pamlico River Basin Nutrient Sensitive Waters
Management Strategy, and the Randleman Lake Basin
upply Watershed
program. r
(b) Model Practices. For those areas within the�ui��iictional area of the permittee
that are not subject to the post-constructionrys�torrtmwater management provisions of
�,,., .. _._-a_�_ -a..�- -- ___-___x Ir'!n"k_-____.__ 1 ) T
another existing JLtILG JLUi111Wi.3LG1 111d11dgC111G11L^LJI�VgIaIII, LOU permlLlee S ro$L-
. �V
construction Stormwater ManagemeP�,gramrmust equal or exceed the
Stormwater management and w quality protection provided by the following
model practices.,
(i) The permittee magi
development &r r de
high density®oject.
(ii) A project rdiT&e�
following criteria:
a`iocaI stormwater management permit to a
p'ment project as either a low density project or a
tted as a low density project if it meets the
(A) No more than two dwelling units per acre or 24% built -upon area;
(B) Use of vegetated conveyances to the maximum extent practicable;
(C) All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and,
(D) Deed restrictions and protective covenants are required by the
locally issued permit and incorporated by the development to
ensure that subsequent development activities maintain the
development (or redevelopment) consistent with the approved
plans.
(iii) A project not consistent with the requirements for a low density project
may be permitted as a high density project if it meets the following
requirements:
(A)The stormwater control measures must control and treat the
difference between the pre -development and post -development
conditions for the I -year 24-hour storm. Runoff volume
drawdown time must be a minimum of 24 hours, but not more than
120 hours;
(B) All structural stormwater treatment systems must be designed to
achieve 85% average annual removal of total suspended solids;
Part H Page 9 of I I

PERMIT NO. NCS000481
(C) Stormwater management measures must comply with the General
Engineering Design Criteria For All Projects requirements listed in
15A NCAC 2H .1008(c);
(D) All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and,
(E) Deed restrictions and protective covenants are required by the
locally issued permit and incorporated by the development to
ensure that subsequent development activities maintain the
development (or redevelopment) consistent with the approved
plans. ,6 W _
(c) Watershed Protection Plans. Public bodies hiay!devel6015rid implement
WW
comprehensive watershed protection plans that=may be used to meet part, or all, of
the requirements for post -construction stormwater�.•management.
(d) A regulated entity may develop its own comprehensive watershed plan, may use
the model ordinance developed by Comm ssion, may design its own post-
k%.�
construction practices based on -the Division's guidance and engineering standards
F .. 1 opt management . LU Ll... ..t ;- LI UL IVII 11JkJ ..1
1V1 Uest management tAgGLIL;GJ, VLo Lnna 111>.,.V1 Vl QLL. LIIL �JV JI-GU'nJLl LLI. Ll V11111V11G1
practices to satisfy, in whole Orlin p.; , the requirements for post -construction
stormwater management. _" �_
Part H Page 10 of 11

PERMIT NO. NCS000481
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
1. Objective for Pollution Prevention and Good Housekeeping for Municipal
Operations
Prevent or reduce stormwater pollution from municipal operations.
2. BMPs for the Pollution Prevention and Good Housekeeping;for Municipal
Operations A <
The permittee shall implement the following BMPs to ih`'bet"the objectives of the Pollution
Prevention and Good Housekeeping Program and sha]I.n Rthe Division prior to
modification of any goals.
AP' B
x s BMI', sts ri ,5
" � ' ` F Measu_rabl'elkGoalsi 10 t : ` �
f YR
Y R
i Rya
Y
Yit
•" v`�
ti�
i
5,
±,��nr4s:
(a) Develop an operation
Developn opera3iron andmaintenance
X
X
X
X
X
and maintenance
program that haslffe ultimate goal of
c
program
prevent®g d ng pollutant runoff
from municr al;p erations.
(b) Inspection and
Devdlbp an inAeritory of all facilities and
X
X
X
X
X
evaluation of facilities,
operations ov7ned and operated by the
operations, and the
perm ttee�with the potential for generating
MS4 system and
polluted stormwater runoff, including the
associated structural
MS4 system and associated structural
BMPs.
BMPs. Inspect potential sources of
polluted runoff, the stormwater controls,
and conveyance systems. Evaluate the
sources, document deficiencies, plan
corrective actions, and document the
accomplishment of corrective actions.
(c) Conduct staff training
Conduct staff training specific for
X
X
X
X
X
pollution prevention and good
housekeeping rocedures.
(d) Review of municipality
Conduct annual review of the industrial
X
X
X
X
X
owned or operated
activities with a Phase I NPDES
regulated industrial
stormwater permit owned and operated by
activities
the permittee. Review the following
aspects: the Stormwater Pollution
Prevention Plan where one is required, the
timeliness of any monitoring reports
required by the Phase I permit, and the
results of inspections and subsequent
follow-up actions at the facilities.
Part n Page 11 of I

PERMIT NO. NCS000481 '
PART III PROGRAM ASSESSMENT
Implementation of the Stormwater Plan will include documentation of all program
components that are being undertaken including, but not limited to, inspections,
maintenance activities, educational programs, implementation of BMPs, enforcement
actions, and other stormwater activities. If monitoring and sampling are being performed
documentation of results shall be included. Documentation w 114be kept on -file by the
permittee for a period of five years and made available)to t1iDirector or his authorized
representative immediately upon request.
2. The permittee's Stormwater Plan will be reviewed.andpdated as necessary, but at least
on an annual basis. The permittee will submit a report oth s evaluation and monitoring
Information to the Div151011 VII all a1n1Ua1 UdSLSO' Will UC SUUIII1LLCU Uy
[date] of each year and cover the previous�ye s acti� s from [date]. The permittee's
reporting will include appropriate information to acl urately describe the progress, status,
and results of the permittee's Stormwa blare an ill include, but is not limited to, the
;N+, `�.
following components: ti -
(a) The permittee will give a detaLIFd'description of the status of implementation of
the Stormwater Plan This well include information on development and
implementation of atDcomponents of the Stormwater Plan for the past year and
schedules and plansfortthe year following each report.
(b) The permittee will adequately describe and justify any proposed changes to the
Stormwater Plan. This will include descriptions and supporting information for
the proposed changes and how these changes will impact the Stormwater Plan
(results, effectiveness, implementation schedule, etc.).
(c) The permittee will -document any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater Plan.
In addition, any changes in the cost of, or funding for, the Stormwater Plan will be
documented.
(d) The permittee will include a summary of data accumulated as part of the
Stormwater Plan throughout the year along with an assessment of what the data
indicates in light of the Stormwater Plan.
(e) The permittee will provide information on the annual expenditures and budget
anticipated for the year following each report along with an assessment of the
continued financial support for the overall Stormwater Plan.
(f) The permittee will provide a summary of activities undertaken as part of the
Stormwater Plan throughout the year. This summary will include, but is not
limited to, information on the establishment of anoronriate leaal authorities.
Part III Page 1 of 2

PERMIT NO. NCS000481
project assessments, inspections, enforcement actions, continued inventory and
review of the storm sewer system, education, training and results of the illicit
discharge detection and elimination program.
3. The Director may notify the permittee when the Stormwater Plan does not meet one or
more of the requirements of the permit. Within 30 days of such notice, the permittee will
submit a plan and time schedule to the Director for modifying the Stormwater Plan to
meet the requirements. The Director may approve the corrective action plan, approve a
plan with modifications, or reject the proposed plan. The pie m [tee will provide
Ar
certification in writing (in accordance with Part IV, Paragraaph 22) to the Director that the
changes have been made. Nothing in this paragraph shall be construedemto limit the
Director's ability to conduct enforcement actions fof�zsatio s of� his permit.
4. The Division may request additional reporting informationtas necessary to assess the
progress and results of the permittee's Storm.0aEnw-CAL NW
wHEI�Plan.X
Part III Page 2 of 2

PERMIT NO. NCS000481 '
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. Records
The permittee shall retain records of all information required by this permit fora period
of at least 5 years from the date of acquisition. This period may be extended by request of
the Director at any time prior to the end of the five-year period.
2. Report Submittals
(a) Duplicate signed copies of all reports required hereinNslialLbF submitted to the
following address:
Department of Environment and.N-citural"Resources
____ r[[�_�___P1__ L'a__ b
�ivz_�iuri of vva�c�t�uauiy
Stormwater Permitting Unit
1617 Mail Se iceCenter
Raleigh,North Colina2 699-1b17
(b) All applications, reports. for ormation submitted to DWQ shall be signed by a
principal executive off icer, rafitng elected official or duly authorized
representative. A person is a�duly authorized representative only if:
0) The authorization is made in writing by a principal executive officer or
ranking elected official;
(ii) The authorization specified either an individual or a position having
responsibility for the overall operation of a regulated facility or activity or
an individual or position having overall responsibility for
environmental/stormwater matters; and
(Ili) The written authorization is submitted to the Director.
(c) Any person signing a document under paragraphs (a) or (b) of this section shall
make the following certification:
"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."
Part IV Page I of 2

PERMIT NO. NCS000481
3. Recording Results
For each activity performed or information collected pursuant to the requirements of this
permit, the permittee shall record the following information:
(a) The dates, exact place, and time of the activity or information collected;
(b) The individual(s) who performed activity;
(c) The techniques or methods used; and
(d) The results of such activity or information
4. Twenty-four Hour Reporting
The permittee shall report to the central f cep the'vappropriate regional office any
noncompliance that may constitute at�,mminent.itreat to health or the environment. Any
information shall be provided oT' ally witil�Yin�24 hours from the time the permittee became
aware of the circumstances. A writte'>issubiwssion shall also be provided within 5 days of
the time the permittee become awar toithe circumstances.
The written submission shal&�R
n a description of the noncompliance, and its causes;
the period of noncompliancing exact dates and times, and if the noncompliance
has not been corrected, the anticipated time compliance is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has
been received within 24 hours.
5. Annual Reporting
The permittee will submit reporting and monitoring information on an annual basis per
Part III of this permit on forms provided by the DWQ.
6. Additional Reporting
The Director may request reporting information on a more frequent basis as deemed
necessary either for specific portions of the permittee's Stormwater Plan, or for the entire
Program.
7. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in applying
to be covered under this permit or in any report to the Director, it shall promptly submit
such facts or information.
Part IV Page 2 of 2

PERMIT NO. NCS000481 '
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is groan sJdr enforcement action; for
permit termination, revocation and reissuance, or
coverage upon renewal application.
(a) The permittee shall comply with standards
Section 307(a) of the Clean Water Act fog;
provided in the regulations that establi h d
the permit has not yet been modifiedtoeA(
(b) The Clean Water Act
of permit
s established under
s within the time
or prohibitions, even if
the requirement.
who violates a permit condition is
subject to a civil penalty noQto exceed the maximum amounts authorized by
Section 309(d) of the Act a d the Federal Civil Penalties Inflation Adjustment Act
(28 U.S.C. §2461 note as a aed by the Debt Collection Improvement Act (31
U.S.C. §3701 note) {currently $27,500 per day for each violation). Any person
who negligently viola es.any permit condition is subject to criminal penalties of
$2,500 to $25,000 pe`r day of violation, or imprisonment for not more than 1 year,
or both. Any person who knowingly violates permit conditions is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for
not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $11,000 per violation
with the maximum amount not to exceed $137,500. [Ref: Section 309 of the
Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
(c) Under state law, a daily civil penalty of not more than twenty-five thousand
dollars ($25,000) per violation may be assessed against any person who violates
or fails to act in accordance with the terms, conditions, or requirements of a
permit. [Ref: North Carolina General Statutes 143-215.6A]
(d) Any person may be assessed an administrative penalty by the Administrator for
violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit
condition or limitation implementing any of such sections in a permit issued under
section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative
penalties for Class I violations are not to exceed the maximum amounts
authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties
Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt
Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class H violations
Part V Page 1 of 6

PERMIT NO. NCS000481
2.
3.
4.
5.
6.
are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of
the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461
note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701
note) (currently $11,000 per day for each day during which the violation
continues, with the maximum amount of any Class H penalty not to exceed
$137,500).
Duty to Mitigate
The permittee shall take all reasonable steps to minimize or -:prevent any discharge in
violation of this permit that has a reasonable likelihoo oder�affecting human
health or the environment.
Civil and Criminal Liability
Nothing in this permit shall be construed to,�relieve the=permittee from any
AJ W f
responsibilities, liabilities, or penalties fo�noncomgliance pursuant to NCGS 143-215.3,
143-215.6A, 143-215.613, 143-2-1'S.6C ortSectio309 of the Federal Act, 33 USC 1319.
Furthermore, the permittee is r. onsNe, o. consequential damages, such as fish kills,
even though the responsibility fo effectivecompliance may be temporarily suspended.
Oil and Hazardous Su
Nothing in this permit shallURE6'strued to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the
permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the
Federal Act, 33 USC 1321.
Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property
or any invasion of personal rights, nor any infringement of federal, state or local laws or
regulations.
Severability
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder of this permit,
shall not be affected thereby.
Part V Page 2 of 6

PERMIT NO. NCS000481
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information
which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the coverage issued pursuant to this permit or to
determine compliance with this permit. The permittee shall also furnish to the Director
upon request, copies of records required by this permit.
8. Penalties for Tampering
The Clean Water Act provides that any person who false—s`, (Mph rrsAwith, or knowingly
renders inaccurate, any monitoring device or method r�enuired 1be maintained under this
permit shall, upon conviction, be punished by a fine. o }not more than $10,000 per
violation, or by imprisonment for not more than two year-
r iolation, or by both. If a
conviction of a person is for a violation commit e apfi;r Yffirst'conviction of such person
under this paragraph, punishment is a fine ofrnot rno that $20,000 per day of violation,
or by imprisonment of not more than 4 yeaars, o_ both'
9. Penalties for Falsification
The Clean Water Act provides that any Person who knowingly makes any false statement,
representation, or certificate n in any�i ecord or other document submitted or required to
be maintained under this p r . it, including monitoring reports or reports of compliance or
noncompliance shall, upon c��tion, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
10. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any permit
condition.
Part V Page 3 of 6

PERMIT NO. NCS000481
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are owned and/or operated by
the permittee to achieve compliance with the conditions of this permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement,act~ion4thateit would have been
A- N.Q
necessary to halt or reduce the permitted activity in ord�to maintain compliance with the
condition of this permit. AK
Part V Page 4 of 6

PERMIT NO. NCS000491
SECTION C: MONITORING AND RECORDS
1. Representative Sampling
When required herein, stormwater samples collected and measurements taken shall be
characteristic of the volume and nature of the permitted discharge. Analytical stormwater
sampling shall be performed during a representative storm event. These samples shall be
taken on a day and time that is characteristic of the discharge. Where appropriate, all
stormwater samples shall be taken before the discharge joins ro Si's diluted by any other
waste stream, body of water, or substance. When spec_ifie-0 er In, monitoring points
established in this permit shall not be changed without notification tofand approval of the
Director.
�r
2. Flow Measurements
Ar.evic'
Where required, appropriate flow measurement des and methods consistent with
accepted scientific practices shall be selectted and used to ensure the accuracy and
reliability of measurements of t voluE(�of i o i ored discharges.
3. Test Procedures
Test procedures for the analysis of po`115tants shall conform to the EMC regulations
4.1:„L.,..J �. AT/�l.�CiIA'1 111C�L'1 �a L_ ti7_�..� .. ..1
Pub] -shed pursua7tit tV 1vl.,V 1 J.VJ GL. Jeq, LIM VV ilte and till YUULILy ICepoILIIlg
Acts, and to regulations puIislied pursuant to Section 304(g), 33 USC 1314, of the
Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels and all data generated must be reported
down to the minimum detection or lower reporting level of the procedure.
4. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
which discharges through a municipal separate storm sewer system, an authorized
representative of a municipal operator or the separate storm sewer system receiving the
discharge, upon the presentation of credentials and other documents as may be required
by law, to;
(a) Enter upon the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this permit;
(b) Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this permit;
Part V Page 5 of 6

PERMIT NO. NCS000481
5.
(c) Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this permit;
and
(d) Sample or monitor at reasonable times, for the purposes of assuring permit
compliance or as otherwise authorized by the Clean Water Act, any substances or
parameters at any location.
Availability of Reports
Except for data determined to be confidential underNCGXM
�53{a)(2) or Section
308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of
this permit shall be available for public inspection at the;offices of the Division of Water
Quality. As required by the Act, analytical data shall no be considered confidential.
'4:L?"
Knowingly making any false statement on any such report" ay result in the imposition of
criminal penalties as provided for in NCGS 143�y�2*1 6B or in Section 309 of the Federal
Act. , ,�I Y
Part V Page 6 of 6

PERMIT NO. NCS000481
PART VI LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules,
and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A
of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General
Statute 143-215.1 et. al.
Part VI Page 1 of 1

PERMIT NO. NCS000481
PART V1I ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pay the fee in a timely manner in accordance with
15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit.
Part VII Page I of 1

PERMIT NO. NCS0004$1
1.
2
3.
H
5
PART VIII DEFINITIONS
Act
See Clean Water Act.
Best Management Practice (BMP)
Measures or practices used to reduce the amount of polluti
BMPs can be structural or non-structural and may tak6the
physical structure or planning (see non-structural Bprv),Ao
Built -upon Area
That portion of a development project that is
impervious surface including, but not limitei
such as roads, parking lots, and paths; andPrree
"Built -upon area" does not include a wonder
pool, or pervious or partially per pavini
material absorbs water or allowsiwaf r to n!
Clean Water Act
The Federal Water PollutioriCCo
amended, 33 USC 1251, et. seq.
Common Plan of Development
rering surface waters.
of a process, activity,
:o'veiedby..,ifnpervious or partially
to,4buildings; pavement and gravel areas
reation facilities such as tennis courts.
slatted deck, the water area of a swimming
material to the extent that the paving
through the paving material.
I Act, also known as the Clean Water Act (CWA), as
A construction or land disturbing activity is part of a larger common plan of development
if it is completed in one or more of the following ways:
In separate stages
In separate phases
In combination with other construction activities
It is identified by the documentation (including but not limited to a sign, public notice or
hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing
plans, contracts, permit application, zoning request, or computer design) or physical
demarcation (including but not limited to boundary signs, lot stakes, or surveyor
markings) indicating that construction activities may occur on a specific plot. .
It can include one operator or many operators.
Part VIlI Page 1 of 4

PERMIT NO. NCS000481
6. Department
Department means the North Carolina Department of Environment and Natural
Resources
7. Division (DWO)
The Division of Water Quality, Department of Environment and Natural Resources.
8, Director
The Director of the Division of Water Quality, the pmfi't issuingauthority.
9. EMC
The North Carolina Environmental Man a2emenVCominission.
10. Grab Sample
An individual sample col
analyzed or qualitatively
discharge.
11. Hazardous Substance
sly. Grab samples that will be directly
taken within the first 30 minutes of
Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water
Act.
12, Illicit Discharge
13
Any discharge to a MS4 that is not composed entirely of stormwater except discharges
pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non-
stormwater discharges, and discharges resulting from fire -fighting activities.
Industrial Activity
For the purposes of this permit, industrial activities shall mean all industrial activities as
defined in 40 CFR 122.26.
14. Municipal Separate Storm Sewer System (MS4)
Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains):
i. Owned or operated by the United States, a State, city, town, county, district,
association, or other public body (created by or pursuant to State law) having
Part VIH Page 2 of 4

PERMIT NO. NCS000481
jurisdiction over disposal of sewage, industrial wastes, stormwater, or other
wastes, including special districts under State law such as a sewer district, flood
control district or drainage district, or similar entity, or an Indian tribe or an
authorized Indian tribal organization, or a designated and approved management
agency under Section 208 of the Clean Water Act (CWA) that discharges to
waters of the United States or waters of the State.
ii. Designed or used for collecting or conveying stormwater;
iii. Which is not a combined sewer; and
iv. Which is not part of a Publicly Owned Trea[ment WorlM(POTW) as defined in 40
CFR 122.2
15. Non-stormwater Discharge Categories
The following are categories of non-stormwater discharges that the permittee must
address if it identifies them as significa�7continbb'u ors of pollutants to the storm sewer
system: waterline flushing, landsca e irr�cration, diverted stream flows, rising
Y g' � 'b
groundwater, uncontaminated round' teOnfiltration, [as defined in 40 CFR
35.2005(20)], uncontaminated umpedoundwater, discharges from potable water
sources, foundation drains,r conditioning condensation, irrigation water, springs, water
from crawl space pumps, footing drains, lawn watering, individual residential car
washing, flows from riparian. a' Mats and wetlands, dechlorinated swimming pool
discharges, and street wash water (discharges or flows from fire fighting activities are
excluded from the definition of illicit discharge and only need to be addressed where they
are identified as significant sources of pollutants to waters of the United States).
15. Non-structural BMP
Non-structural BMPs are preventive actions that involve management and source controls
such as: (1) Policies and ordinances that provide requirements and standards to direct
growth to identified areas, protect sensitive areas such as wetlands and riparian areas,
maintain and/or increase open space, provide buffers along sensitive water bodies,
minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2)
policies or ordinances that encourage infill development in higher density urban areas,
and areas with existing storm sewer infrastructure; (3) education programs for developers
and the public about minimizing water quality impacts; (4) other measures such as
minimizing the percentage of impervious area after development, use of measures to
minimize directly connected impervious areas, and source control measures often thought
of as good housekeeping, preventive maintenance and spill prevention.
17. Outfall
The point of wastewater or stormwater discharge from a discrete conveyance system. See
also point source discharge of stormwater.
Part VIE Page 3 of 4

PERMIT NO. NCS000481
18. Permittee
IM
20.
21
77
The owner or operator issued this permit.
Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited
to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which
stormwater is or may be discharged to waters of the state. ,
Redevelopment
Means any rebuilding activity unless that rebuildin
1. Results in no net increase in built-
2. Provides equal or greater stormw
Stormwater Runoff
The flow of water which resu
following rainfall or as a resu
the previous development.
and which occurs immediately
A TMDL is a calculation of'thd maximum amount of a pollutant that a waterbody can
receive and still meet water quality standards, and an allocation of that amount to the
pollutant's sources. A TMDL is a detailed water quality assessment that provides the
scientific foundation for an implementation plan. The implementation plan outlines the
steps necessary to reduce pollutant loads in a certain body of water to restore and
maintain water quality standards in all seasons. The Clean Water Act, Section 303,
establishes the water quality standards and TMDL programs.
23. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Part VIII Page 4 of 4

F \NA 7',� Michael F. Easley, Governor
0 RQG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Vw,� ,�....... .. - . _........., ...J. .......,.
Division of Water Quality
d ^� fr�-Coleen N. Sullins, Deputy Director•r
Division of Water Quality
1�
November 8, 2004
Mayor Robert Smith
Town of Brookford
1700 South Center street
Hickory, North Carolina 28602
f4c,". ' , � , A
Subject: NPDES Permit Number NCS000418
Town of Brookford
Dear Mr. Smith;
On July 12, 2004 the North Carolina General Assembly ratified Senate Bill 1210
(S 1210) -Phase H Stormwater Management. The Governor signed the bill on August 2,
2004. This bill addresses implementation of the federal NPDES Phase II stormwater
program in North Carolina,
In S 1210, the General Assembly provided a framework that will allow state and
local government agencies to begin implementing the program. The bill establishes
minimum stormwater management requirements for municipal storm sewer systems and
also applies stormwUtLnr +-1, #_ o . A r1-- --I.+.--
l%JULLVIJ LVlUl%,C11 U1VU11U Ll-3%, 111L1111%1LF""k"11.
Phase II Draft permits for local governments were publicly noticed the week of
November 1, 2004 for those communities identified in the 1990 U.S. Census. Your
community's permit has been noticed and copies of the draft permit are available at:
http://h2o.enr.state.nc.us/su/phase2_draft_permits.htm
We look forward to receiving your comments on this draft permit and continuing
to work together for the benefit of your community and North Carolina. All comments
and request should reference draft permit number NCS000418. Please provide your
comments by Friday, December 10, 2004. If you have any questions about this draft
permit don't hesitate to contact me at (9t9) 733-5083, ext. 545.
Sincerely,
Mike Randall
cc: Stormwater and General Permits Unit
Mooresville Regional Office
AM
C�Elt
N. C. Division of Water Ouality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone] Ciminlnnr .CNrvirr.
1-877-623-6749

. C)� W A 7-�9��
0 �
Michael 17. Eas1c\'. Governor
willi:un G. 1tosN Jr.. Secretary
North Carolina Departmcrrt of Environment wid Natural Re�suutecs
STAFF REVIEW AND EVALUATION
NPDES Stormwater Permit
Alan W, Klirnck, 1'. E. Director
t)ivisiort ut' 1\'ater duality
Coleen H. Sullins, Deputy Director
t)ivision or Water Quality
Facility Name:
Town of Brookford
NPDES Permit Number:
NCS000418
Facility Location:
Town of Brookford
Type of Activity:
Municipal Separate Storm Sewer System
a
Receiving Stream:
Henry Fork t o f"'..eek Pepsi
. , „ngv:e•.: �.���n, rGt„t Branch, t,,eitner Branch, Barger
Branch, Muddy Creek, Jacob Fork, Rock Creek, Douglas Creek, Camp
Creek, Hop Creek, South Fork Catawba River, Pott Creek, cow Branch,
Sampson Creek, Haas Creek, Rhodes Mill Creek, and Howard Creek
River Basin:
Cat': •.,ba Ri-,cr
Stream Classification:
C, WS-III, CA, WS-N
Proposed Permit Requirements:
See attached draft permit
Compliance Schedule:
See Part V, Section A of the attached draft permit
Basis for Monitorin-:
Not applicable
Basis for Other Requirements:
Not applicable
Response Requested by (Date):
October 22, 2004
DOCUMENTS REVIEWED
NPDES Stormwater Permit Application Form
Narrative Application Supplement: Stormwater Management Program Report
Recommendation: Based on the documents reviewed, the application information submitted on March 7. 2Q03 is
suf cien, to issue an individuai Stormwater Permit.
Prepared by (Signature) t Date
� l
Stormwater and Gencral Permits Supervisor >71 Ic
C
Coricurrenc�, by Regional Office r L���"`� Date
Water Quality Supervisor
Date
_ 1`tR
Visiun or watcr Quality 1617 Mail Service Center Raleigh, Nonh Carolina 27699-1617 [phone] Customor Service
XX 1-977-023.6748

s
o�0� wAr�9Q;,
> r_
VOL, Ur-r 1. L'r UI;,11A 1
W7\IVcY.T" r
eT�
Michael F. Easley, Governor
OCT 0 200� fi r.
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
I• _
Alan W. Klimek, P. E. Director
7
�r 1; Division of Water Quality
V UJ���JY.. � •i.. sb 'i 'i4�1 :: C�il
Mayor Robert Smith
1700 South Center street
Hickory, North Carolina 28602
Dear Mr. Smith;
October 1, 2004
Coleen H. Sullins, Deputy Director
Division of Water Quality
Subject: NPDES Permit Number NCS000418
Town of Brookford
Enclosed for your review and comment is the draft Phase II NPDES Stormwater
Permit for the town of Brookford. Following an appropriate public notice and comment
period, we anticipate this permit will become effective in the 4"' quarter of 2004.
We believe that this draft permit will provide your community with the flexibility
vital for your community, while at the same time safeguarding and protecting our natural
environment for future generations of North Carolinians.
We look forward to receiving your comments on this draft permit and continuing
to work together for the benefit of your community and North Carolina. Please provide
your comments by Friday, October 22, 2004. You will also have an opportunity to
submit comments during the public comment period in November, 2004. If you have any
questions about this draft permit don't hesitate to contact me at [phone], ext. 545.
cc: Stormwater and General Permits Unit
Mooresville Regional Office
Sincerely,
Mike Randall
Environmental Engineer
Ad► .NCIEF.
W'
NENR
N, C, Division of Water Quality 1617 Mail service Center Raleigh, North Carolina 27699-1017 [phone] Customer Service
1-877-623.6748

DRAFT PERMIT NO. NCS000418
i
�J
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT AND NATURAL RESOURCES
DIVISION of WATER QUALITY
DRAFT PERMIT NO. NCS000418
TO DISCHARCiiF_. STORMWATER iINnrR T14F.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 1-215.1, other lawful
standards and regulations promulgated and adopted by the North Garohna Environmental
Management Commission, and the Federal Water Pollution�C23n rolxActas amended,
Town of Brookfo
is hereby authorized to discharge stormwater from their municipal separate storm sewer system
located:
44
Within the tof B/-'okfordJ wnOurisdictional Area
Catawba�ounty
to receiving waters, lieriiy Fork, Lo11gview Gcek, Pepsi Branch, Geitner Branch, Barger Branch,
Muddy Creek, Jacob Fork, Rock Creek, D glas Creek, Camp Creek, Hop Creek, South Fork
® ..
Catawba River, Pott Creek, Cow Bi'artch;?Sampson Creek, Haas Creek, Rhodes Mill Creek, and
Howard Creek, within the Catawba River basin in accordance with the discharge limitations,
monitoring requirements, and other conditions set forth in Parts I, 11, III, IV, V, VI, VII and VIH
hereof.
This permit shall become effective Month Day, Year.
This permit and the authorization to discharge shall expire at midnight on Month Day, Year.
Signed this day Month Day, Year.
Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
E

DRAFT PERMIT NO. NCS000418
TABLE OF CONTENTS
PART I PERMIT COVERAGE 9
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRA" i L:1PLE1vf E1,`I T A T I01`V
SECTION B: PUBLIC EDUCATION AND OUTREACH
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
PART III PROGRAM ASSESSMENT
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
SECTION C: MONITORING AND RECORDS
PART VI LIMITATIONS REOPENER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIII DEFINITIONS
C�

DRAFT PERMIT NO. NCS000418
•
PART Y PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until
expiration, the town of Brookford is authorized to discharge stormwater from the
municipal separate storm sewer system to receiving waters, Henry Fork, Longview Creek,
Penei Rrnnph Geitn,er Rrnnrrh Pnrnc+r RRranrli hAiirlehi f-reel,, Taco" r7oj- l —1, Or�.�,n,
Douglas Creek, Camp Creek, Hop Creek, South Fork Catawba River, Pott Creek, Cow
Branch, Sampson Creek, Haas Creek, Rhodes Mill Creek, and Howard Creek, within the
Catawba River basin. Such discharge will be controlled, limited and monitored in
accordance with the permittee Comprehensive Stormwater Management Plan, herein
referred to as the Stormwater Plan. The Stormwater Plan includes components of the
permittee's Phase H Municipal NPDES Stormwater Permit Application, NPDES
Stormwater Permit Application Comprehensive Stormwater Management Report and any
approved modifications.
2. All discharges authorized herein shall be adequately managed in accordance with the
terms and conditions of this permit. Any other point source discharge to surface waters
of the state is prohibited unless it is an allowable non-stormwater discharge or is covered
by another permit, authorization or approval.
3. This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
Isdecree.
4. This permit covers activities associated with the discharge of stormwater from the
municipal storm sewer system within the jurisdictional area of the permittee and
surrounding areas as described in the approved local comprehensive Stormwater
management program to control potential pollution from the storm sewer system. The
permit applies to current and future jurisdictional areas of the permittee, as well as areas
that seek coverage under this permit through inter -local or other similar agreements with
permittee. Agreements for coverage under this permit must be approved by the Division
of Water Quality, herein referred to as the Division.
•
5. The Division may deny or revoke coverage under this permit for separate entities and
require independent permit coverage as deemed necessary. In addition, the permittee may
petition the Division to revoke or deny coverage under this permit for specific entities.
6. Under the authority of Section 402(p) of the Clean Water Act and implementing
regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1
and Session Law 2004-163 and in accordance with the approved Stormwater Plan all
provisions contained and referenced in the Stormwater Plan are an enforceable part of this
permit. The permittee will develop and implement its approved Stormwater Program in
accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the
Director, and the provisions of this permit.
Part l Page 1 of 2

DRAFT PERMIT NO. NCS000418
7. Discharges authorized under this permit shall not cause or contribute to violations of
water quality standards.
8. The permit authorizes the point source discharge of stormwater runoff from the municipal
storm sewer system. In addition, discharges of non-stormwater are also authorized
through the municipal storm sewer of the permittee if such discharges are:
(a) Permitted hy, and in comnlianr.P with, another NPDF.S disrharge permit inrliiding
discharges of process and non -process wastewater, and stormwater associated
with industrial activity; or
(b) Determined to be incidental non-stormwater flows that do not significantly impact
water quality and may include:
• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
---3 '---_•i__' ,5.
1111gdL1V11 Waters IUUCs nUt 111clUUe reclydlnleu water as Uesef" U If 1JA
NCAC 2H .0200);
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flows from emergency fire fighting.
The Division may require that non-stormwater flows of this type be controlled
by the permittee's Stormwater Plan.
•
Part I Page 2 of 2

DRAFT PERMIT NO. NCS000418
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED
0 DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittee will implement, manage and oversee all provisions of its Stormwater Plan
to reduce pollutants discharged from the municipal separate storm sewer system. This
includes, but is not limited to, the following areas:
(a) The permittee will develop and maintain adequate legal authorities to implement
all provisions of the Stormwater Plan. The permittee will keep the Division
advised of the status of development of appropriate ordinances and legal
authorities and will pursue these authorities in accordance with the schedule
outlined in the Stormwater Plan. Any changes to the schedule must be approved
in accordance with Item l(1) below.
(b) The permittee's Stormwater Plan will be implemented and managed such that the
discharge of pollutants from the municipal storm sewer system is reduced to the
maximum extent practicable. It is anticipated that in order to meet this provision,
implementation of the Stormwater Plan will occur with emphasis given to priority
areas and to management measures and programs that are most effective and
efficient at varying stages of the plan's implementation.
(c) The permittee will implement the appropriate components of the Stormwater Plan
to assure that, to the maximum extent practicable, illicit connections, spills and
illegal dumping into the municipal storm sewer system are prohibited.
(d) The permittee will implement provisions of the Stormwater Plan as appropriate to
monitor and assess the performance of the various management measures that are
a part of the Stormwater Plan. This will include, but is not limited to, the
provisions of this permit and the applicable provisions of the permittee's
Stormwater Plan.
(e) The permittee will maintain adequate funding and staffing to implement and
manage the provisions of the Stormwater Plan.
(l) The permittee will implement appropriate education; training, outreach, and
public involvement programs to support the objectives of this Stormwater
discharge permit and the Stormwater Plan.
(Q) The. nermittee will irrinlement a nrnvrnm to redc:oe nrrilhit;nn ;rrhrn onnct"ii ti. "
site runoff as described in the permit application and in accordance with this
permit.
Part H Page l of 10

DRAFT PERMIT NO. NCS000418
(h) The permittee will implement an appropriate post -construction site runoff control
program to regulate new development and redevelopment by requiring structural
and non-structural best management practices to protect water quality, reduce 0
pollutant loading, and minimize post -development impacts. This program will
include provisions for long-term operation and maintenance of BMPs.
(i) The permittee will evaluate municipal operations and develop and implement an
appropriate program for municipal activities and ongoing operation and
maintenance of municipal facilities to reduce the potential for stormwater
pollution.
0) Proposed permit modifications must be submitted to the Director for approval.
SECTION B: PUBLIC EDUCATION AND OUTREACH
1. Objectives for Public Education and Outreach
(a) Distribute educational materials to the community.
(b) Conduct public outreach activities.
(c) Raise public awareness on the causes and impacts of stormwater pollution.
(d) Inform the public on steps they can take to, reduce or prevent stormwater pollution.
2. BMPs for Public Education and Outreach
The permittee shall implement the following BMPs to meet the objectives of the Public
Education and Outreach Program and shall notify the Division prior to modification of any goals.
St � BMP �
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(a) Establish a Public
Develop a public education program and
X
X
X
X
X
Education and
implement within 12 months of the permit
Outreach Program
issue date. Incorporate outreach elements
for significant minority and disadvantaged
communities.
(b) Informational Web Site
Develop and maintain internet web site.
X
X
X
X
Post newsletter articles on stormwater,
information on water quality, stormwater
projects and activities, and ways to contact
stormwater mana ement program staff.
(c) Public education
Develop general stormwater educational
X
X
X
X
materials for schools,
material targeting school children,
homeowners; and/or
homenwnerc and himine.-ec,
businesses
(d) Public education
Distribute written material through utility
X
X
X
X
material dissemination
mailouts, at special events, and at high
uaiilc vu�iii%s$irs.
s
Part II Page 2 of 10

DRAFT PERMIT NO. NCS000418
9
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
.1. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public to participate in program development and
implementation.
(b) Reach out and engage major economic and ethnic groups.
(c) -Comply with applicable State and local public notice requirements.
2. BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of
any goals.
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(a) Administer a Public
Conduct a least one public meeting to
X
Involvement Program
allow the public an opportunity to review
and comment on the stormwater
management program.
(b) Organize a volunteer
Organize and implement a volunteer
X
X
X
X
community
stormwater related program designed to
involvement program
promote ongoing citizen participation.
(c) Establish a Citizens
Establish a citizen's advisory panel to
X
X
X
X
Advisory Panel
review the Stormwater Management Plan,
to review the annual report, and to advise
the permittee on the Stormwater
Management Plan.
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
1. Objectives for Illicit Discharge Detection and Elimination
(a) Detect and eliminate illicit discharges, including spills and illegal dumping.
(b) Address significant contributors of pollutants to the storm sewer system. The
permittee may require specific controls for a category of discharges, or prohibit
that discharge completely, if one or more of these categories of sources are
identified as a significant contributor of pollutants to the storm sewer system.
(c) Implement appropriate enforcement procedures and actions.
(d) Develop a storm sewer system map showing all outfalls and waters receiving
discharges.
(e) Inform employees, businesses, and the general public of hazards associated with
illegal discharges and improper disposal of waste.
Part II Page 3 of 10

DRAFT PERMIT NO. NCS000418
2. BMPs for Illicit Discharge Detection and Elimination
The permittee shall implement the following BMPs to meet the objectives of the Illicit
Discharge Detection and Elimination Program and shall notify the Division prior to
modification of any goals.
_ ITS .�% [
BMP
t G d3iH'k'5 G ♦ -k - 'Fi3 4 Y .' - :S `
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(a) Develop/Implement
Develop and implement an Illicit
X
Illicit Discharge
Discharge Detection and Elimination
Detection and
Program. include provisions for program
Elimination Program
assessment and evaluation.
(b) Establish and
Establish and maintain adequate legal
X
X
maintain appropriate
authorities to prohibit illicit discharges
I
T
legal authorities
and enforce approved iiiicit Discharge
Detection and Elimination Program.
(c) Develop a Storm
Complete identification, locations of and
X
X
X
X
Sewer System Base
mapping of stormwater drainage system
Map
components. At a minimum, mapping
components includes outfalls, drainage
areas and receivin streams.
(d) Implement illicit
Implement inspection program to detect
X
X
X
X
discharge detection
dry weather flows at system outfalls.
procedures
Establish procedures for tracing the
sources of illicit discharges and for
removing the sources. Develop procedures
for identification of priority areas likely to
have illicit discharges. Continue to
identify, locate, and update map of
drainage system components on a priority
basis per approved Illicit Discharge
Program.
(e) Conduct employee
Conduct training for town staff on
X
X
cross -training
detecting and reporting illicit discharges.
(1) Provide public
Inform public employees, businesses, and
X
X
education
the general public of hazards associated
with illegal discharges and improper
disposal of waste.
(g) Establish a public
Establish and publicize a reporting
X
X
X
X
reporting mechanism
mechanism for the public to report illicit
discharges.
Part II Page 4 of 10

DRAFT PERMIT NO. NCS000418
•
•
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stormwater runoff from construction activities disturbing one
or more acres of land surface and those activities less than one acre that are part of
a larger common plan of development.
(b) Provide procedures for public input, sanctions to ensure compliance, requirements
for construction site operators to implement appropriate erosion and sediment
- control practices, review of site plans which incorporates consideration of
potential water quality impacts, and procedures for site inspection and
enforcement'ofcontrol measures.
(c) Establish requirements for construction site operators to control waste such as
discarded building materials, concrete truck washout, chemicals, litter, and
sanitary waste at the construction site that may cause adverse impacts to water
quality.
2. BMPs for Construction Site Runoff Controls
The permittee shall implement the following BMPs to meet the objectives of the
Construction Site Runoff Controls and shall notify the Division prior to modification of any
goals.
d j BMP �r r{ �
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(a) Implement a program
Develop a regulatory mechanism and
X
X
X
X
X
and establish a
implement a program requiring erosion
regulatory mechanism
and sediment controls at construction sites
for erosion and
and providing for sanctions to ensure
sediment control
compliance. Instead of originating a new
program, the permittee may elect to
comply by relying on the NCDENR
Division of Land Resources (DLR)
Erosion and Sediment Control Program,
either as administered by the DLR, or as
delegated by the Sedimentation Control
Commission (SCC) to another entity with
appropriate jurisdiction, including the
permittee. The permittee may rely on the
DLR program only to the extent that that
program satisfies all of the following
BMPs.
(b) Develop requirements
Require construction site operators to
X
'X
X
X
X
on construction site
implement erosion and sediment control
operators
BMPs and to control construction site
wastes that may cause adverse water
quality impacts.
Part H Page 5 of 10

DRAFT PERMIT NO. NCS000418
.ir - "BMP :z
:E xf,` MeasurableYGoalS' ` Y.� t`
:YR
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(c) Provide educational
New materials may be developed by the
X
X
X
X
X
and training materials
permittee, or the permittee may use
for construction site
materials adopted from other programs
operators
and adapted to the perrfittee's
construction runoff controls program.
(d) Institute plan reviews
Review construction plans and establish
X
X
X
X
X
procedures that incorporate water quality
considerations in construction site plan
reviews.
(e) Establish public
Establish procedures for receipt and
X
X
X
X
X
information procedures
consideration of erosion and
sedimentation information submitted by
the public. Publicize the procedures and
contact information. The procedures must
lead directly to a site inspection or other
timely follow-up action.
(f) Establish inspection
Establish procedures for site inspection
X
X
X
X
X
and enforcement
and enforcement of control measure
procedures
requirements. The procedures should
include prioritizing areas of inspections
based on local criteria.
17
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development / redevelopment that drains to
the MS4 and disturbs an acre or more of land surface, including projects less than
an acre that are part of a larger common plan of development or sale.
(b) Ensure long term operation and maintenance of BMPs.
(c) Ensure controls are in place to minimize water quality impacts.
2. BMPs for Post -Construction Site Runoff Controls
The permittee's stormwater management ordinance and any subsequent amendments and the
additional BMPs below shall be implemented throughout the permittee's jurisdictional area to
meet the objectives of the Post -Construction Site Runoff Control Program.
Part H Page 6 of 10

DRAFT PERMIT NO. NCS000418
is
•
} ,_ K
k � ,' �l3MP "t .r
y , N ) I' 11� 7 %._ It -1 h t g+y
,.; ati ,� r � Measurable Goals ;t+y��
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13
(a) Establish a Post
Develop, adopt by ordinance (or similar
X
X
Construction
regulatory mechanism), implement and
Stormwater
enforce a program to address post -
Management Program
construction runoff controls for new
(hereafter the Program)
development and redevelopment. The
ordinance must be reviewed and approved
by the Department prior to
implementation. Ensure that controls are
III PIMA; iU PiGvcIiL vi 11ii11iiii11c Wdtrl
quality impacts.
(b) Develop community
Develop guidance material or training
X
X
X
education
class for local developers explaining the
local post -construction approval process.
(c) Establish compliance
Take appropriate actions to address non-
X
X
X
and enforcement
compliance and ensure enforcement of the
procedures
Program.
(d) Establish strategies
Ensure adequate long-term operation and
X
X
X
which include
maintenance of structural BMPs. Require
structural and non-
annual inspection reports of permitted
structural BMPs
structural BMPs performed by a qualified
appropriate for the
professional.
MS4
(e) Ensure structural BMP
Establish pre -construction review of plans
X
X
X
design, construction,
inspection during construction, and post -
operation and
construction acceptance procedures.
maintenenace
Require and review annual BMP
compliance
inspection reports.
{f) Establish a program to
Control the sources of fecal col iform to
X
X
X
control sources of fecal
the maximum extent practicable. Develop
coliform to the
and implement an oversight program to
maximum extent
ensure proper operation and maintenance
practicable
of on -site wastewater treatment systems
for domestic wastewater and conduct an
O&M awareness program for on -site
wastewater treatment system owners.
Municipalities must coordinate this
program with the county health
department.
Part U Page 7 of 10

DRAFT PERMIT NO. NCS000418
'Measurabl
R T
YRl
N—
,3
4,
(g) Establish a buffer
Require that built -upon areas be located at
X
X
requirement
least 30 feet landward of all perennial and
intermittent surface waters. For the
purpose of this permit, a surface water
shall be present if the feature is shown of
either the most recent version of the soil
survey map prepared by the Natural
Resources Conservation Service of the
UiEited States Department of Agriculture
or the recent version of the 1:24,000 scale
(7.5 minute) quadrangle topographic maps
prepared by the United States Geologic
Survey (USGA).
An exception to this requirement may be
allowed when surface waters are not
present in accordance with the provisions
of 15A NCAC 2B .0233 (3)(a).
(h) Ensure long term
Require recorded deed restrictions and
X
X
X
project conformity with
protective covenants to ensure that
the permittee's
subsequent development activities will
Program objective of
maintain the projects consistent with the
minimizing water
permittee's Post -Construction Site Runoff
quality impacts
Controls Program.
(i) Establish law -density
Define low -density projects as having
X
X
X
development
24% or less built -upon area (or no more
requirements
than 2 dwelling units per acre).
Require the use of vegetated conveyances
to the maximum extent practicable.
0) Establish high -density
Define high -density projects as having
X
X
X
development
greater than 24% built -upon area.
requirements
Control and treat the difference in
stormwater runoff volume leaving the
project site between the pre and post
development conditions for the 1 year 24
hour storm.
Runoff volume draw down time shall be a
minimum of 24 hours, but not more than
Part 11 Page 8 of 10

DRAFT PERMIT NO. NCS000418
is
r,�
�.BMP =,ra41Vleasnrabte
Goalsk�
G
z,YR
YR{
Yl1l'
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Ykt.
120 hours;
All structural stormwater treatment
systems used to meet the requirements of
the program shall be designed to have an
85%a average annual removal for Total
Suspended Solids;
General Engineering Design Criteria for
all projects shall be in accordance with
15A NC AC 2H .1008(c).
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING
FOR MUNICIPAL OPERATIONS
Objective for Pollution Prevention and Good Housekeeping for Municipal
Operations
Prevent or re__dure_, stormwater nnllritinn frnm mrinirinal nnprntinnc
0 2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
AO\
W
The permittee shall implement the following EMPs to meet the objectives of the Pollution
Prevention and Good Housekeeping Program and shall notify the Division prior to
modification of any goals.
t � L�r �{ � { -'+lY7
s �'BMP 3 tx
r tF+, r k rr ♦t �lft
.Y i Yia.-,*..,,'..'y j,,.f r4 r- r ,,..F
"� �;�i _. `3�f,V "Y -. . c J •�c--ik
E n n Meabllrable Goals4^ F�
kk Y �
..,'� ,i 1 4; �xT -C«-•k r -'r.I
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YR.
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(a) Develop an operation
Develop an operation and maintenance
X
X
and maintenance
program that has the ultimate goal of
program
preventing or reducing pollutant runoff
from municipal operations.
(b) inspection and
Develop an inventory of all facilities and
X
X
X
X
X
evaluation of facilities
operations owned and operated by the
and operations
permittee with the potential for generating
polluted stormwater runoff. Specifically
inspect the potential sources of polluted
ninoff, the stormwater controls, and
conveyance systems. Evaluate the sources,
document deficiencies, plan corrective
actions, and document the
accomplishment of corrective actions.
Part H Page 9 of 10

DRAFT PERMIT NO. NCS000418
w °BMP ' '
t`r' 1Vleasurahle Goals
YR
:YR s
pv
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Zvi
(c) Conduct staff training
Conduct staff training specific for
X
X
X
pollution prevention and good
housekeeping rocedures.
(d) Review of regulated
Conduct annual review of the industrial
X
X
X
industrial activities
activities that hold a Phase I NPDES
stormwater permit owned and operated by
the permittee. Specifically review the
following aspects: the Stormwater
Pollution Prevention Plan where one is
required, the timeliness of any monitoring
reports required by the Phase I permit, and
the results of inspections and subsequent
I follow-up actions at the facilities.
•
Part II Page 10 of 10

DRAFT PERMIT NO. NCS000418
•
PART III PROGRAM ASSESSMENT
Implementation of the Stormwater Plan will include documentation of all program
components that are being undertaken including, but not limited to, monitoring and
sampling, inspections, maintenance activities, educational programs, implementation of
BMPs and enforcement actions. Documentation will be kept on -file by the permittee for
a period of five years and made available to the Director or his authorized representative
immediately upon request.
2. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least
on an annual basis. The permittee will submit a report of this evaluation and monitoring
information to the Division on an annual basis. This information will be submitted by
[Set date two months after permit year's end] of each year and cover the previous year's
activities from [Insert start date] to [Insert end date]. The permittee's reporting will
include appropriate information to accurately describe the progress, status and results of
the permittee's Stormwater Plan and will include, but is not limited to, the following
components:
(a) The permittee will give a detailed description of the status of implementation of
the Stormwater Plan. This will include information on development and
implementation of all components of the Stormwater Plan for the past year and
schedules and plans for the year following each report.
(b) The permittee will adequately describe and justify any proposed changes to the
Stormwater Plan. This will include descriptions and supporting information for
the proposed changes and how these changes will impact the Stormwater Plan
(results, effectiveness, implementation schedule, etc.).
(c) The permittee will document any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater Plan.
In addition, any changes in the cost of, or funding for, the Stormwater Plan will be
documented.
(d) The permittee will include a summary of data accumulated as part of the
Stormwater Plan throughout the year along with an assessment of what the data
indicates in light of the Stormwater Plan.
(e) The permittee will provide information on the annual expenditures and budget
anticipated for the year following each report along with an assessment of the
continued financial support for the overall Stormwater Plan.
(f) The permittee will provide a summary of activities undertaken as part of the
Stormwater Plan throughout the year. This summary will include, but is not
limited to, information on the establishment of appropriate legal authorities,
project assessments, inspections, enforcement actions, continued inventory and
Part III Page I of 2

DRAFT PERMIT NO. NCS000418
review of the storm sewer system, education, training and results of the illicit
discharge detection and elimination program.
(g) The permittee will provide information concerning areas of water quality
improvement or degradation. Depending on the level of implementation of the
Stormwater Plan, this information may be submitted based on pilot studies,
individual projects or on a watershed or sub -watershed basis,
3. The Director may notify the permittee when the Stormwater Plan does not meet one or
more of the requirements of the permit. Within 30 days of such notice, the permittee will
citbmit a plan and time crhertile to the llirPr for mortifying the St0r717;vater Plan LW
meet the requirements. The Director may approve the corrective action plan, approve a
plan with modifications, or reject the proposed plan. The permittee will provide
certification in writing (in accordance with Part N, Paragraph 2) to the Director that the
changes have been made. Nothing in this paragraph shall be construed to limit the
Director's ability to conduct enforcement actions for violations of this permit.
4. The Division may request additional reporting information as necessary to assess the
progress and results of the permittee's Stormwater Plan.
0
•
Part I1.I Page 2 of 2

DRAFT PERMIT NO. NCS000418
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
is1. Monitoring Records
The permittee shall retain records of all monitoring information, including all calibration
and maintenance records and all original chart recordings for continuous monitoring
instrumentation, and copies of all reports required by this permit for a period of at least 5
years from the date of the sample, measurement, report or application. This period may
be extended by request of the Director at any time prior to the end of the five year period.
2. Report Submittals
(a) Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
Department of Environment and Natural Resources
Division of Water Quality
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
(b) All applications, reports, or information submitted to DWQ shall be signed by a
principal executive officer, ranking elected official or duly authorized
representative. A person is a duly authorized representative only if-
(i) The authorization is made in writing by a principal executive officer or
ranking elected official;
(i1) The authorization specified either an individual or a position having
responsibility for the overall operation of a regulated facility or activity or
an individual or position having overall responsibility for
environmental/stormwater matters; and
(iii) The written authorization is submitted to the Director.
(c) Any person signing a document under paragraphs (a) or (b) of this section shall
make the following certification:
"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."
Part fV Page 1 of 3

DRAFT PERMIT NO. NCS000418
3.
9
61
6.
Recording Results 9
For each measurement, sample, inspection or maintenance activity performed or collected
pursuant to the requirements of this permit, the permittee shall record the following
information:
(a) The dates, exact place, and time of sampling, measurements, inspection or
maintenance activity;
(b) The individual(s) who performed the sampling, measurements, inspection or
maintenance activity;
(c) The date(s) analyses were performed;
(d) The individual(s) who performed the analyses;
(e) The analytical techniques or methods used; and
(f) The results of such analyses.
Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes
or activities which could significantly alter the nature or quantity of pollutants discharged.
This notification requirement includes pollutants that are not specifically listed in the
permit or subject to notification requirements in 40 CFR Part 122.42 (a).
Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes
that may result in noncompliance with the permit requirements.
Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any
noncompliance that may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times, and if the noncompliance
has not been corrected, the anticipated time compliance is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
0
Part IV Page 2 of 3

DRAFT PERMIT NO. NCS000418
The Director may waive the written report on a case -by -case basis if the oral report has
been received within 24 hours.
7. Annual Reporting
The permittee will submit reporting and monitoring information on an annual basis per
Part III of this permit on forms provided by the DWQ.
8. Additional Reporting
The Director may request reporting information on a more frequent basis as deemed
necessary either for specific portions of the permittee's Stormwater Plan, or for the entire
Program.
9. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in applying
to be covered under this permit or in any report to the Director, it shall promptly submit
such facts or information.
E
•
Part IV Page 3 of 3

DRAFT PERMIT NO. NCS000418
PART V STANDARD CONDITIONS is
SECTION A: COMPLIANCE AND LIABILITY
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of permit
coverage upon renewal application.
(a) The permittee shall comply with standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants within the time
provided in the regulations that establish these standards or prohibitions, even if
the permit has not yet been modified to incorporate the requirement.
(b) The Clean Water Act provides that any person who violates a permit condition is
subject to a civil penalty not to exceed the maximum amounts authorized by
Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act
(28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31
U.S.C. §3701 note) (currently $27,500 per day for each violation). Any person
who negligently violates any permit condition is subject to criminal penalties of
$2,500 to $25,000 per day of violation, or imprisonment for not more than I year,
or both. Any person who knowingly violates permit conditions is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for
not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $11,000 per violation
with the maximum amount not to exceed $137,500. [Ref: Section 309 of the
Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
(c) Under state law, a daily civil penalty of not more than twenty-five thousand
dollars ($25,000) per violation may be assessed against any person who violates
or fails to act in accordance with the terms, conditions, or requirements of a
permit. [Ref: North Carolina General Statutes 143-215.6A]
(d) Any person may be assessed an administrative penalty by the Administrator for
violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit
condition or limitation implementing any of such sections in a permit issued under
section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative
penalties for Class I violations are not to exceed the maximum amounts
authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties
Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt
Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per
violation, with the maximum amount of any Class 1 penalty assessed not to exceed
$27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class H violations
Part V, VI, VII & VIII Page I of 9

DRAFT PERMIT NO. NCS000418
are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of
the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461
is note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701
note) (currently $1 1,000 per day for each day during which the violation
continues, with the maximum amount of any Class U penalty not to exceed
$137,500).
Ask
W
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit that has a reasonable likelihood of adversely affecting human
health or the environment.
3. Civil and Criminal Liability
Nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,
143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319.
Furthermore, the permittee is responsible for consequential damages, such as fish kills,
even though the responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the
permittee is or maybe subject to under NCGS 143-215.75 et seq. or Section 311 of the
Federal Act, 33 USC 1321.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property
or any invasion of personal rights, nor any infringement of Federal, State or local laws or
regulations.
6. Severability
"rhe provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder of this permit,
shall not be affected thereby.
Part V, VI, VII & VfII Page 2 of 9

DRAFT PERNHT NO. NCS000418
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, an information
P Y
which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the coverage issued pursuant to this permit or to
determine compliance with this permit. The permittee shall also furnish to the Director
upon request, copies of records required by this permit.
8. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person
under this paragraph, punishment is a fine of not more that $20,000 per day of violation,
or by imprisonment of not more than 4 years, or both.
9. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
be maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
10. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any permit
condition.
SECTION B: OPERATION AND MAINTENANCE of POLLUTION
CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are owned and/or operated by
the permittee to achieve compliance with the conditions of this permit. Proper operation
and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision reauires the operation of back-up or auxih,2ry
facilities or similar systems that are installed by a permittee only when the operation is
necessary to achieve compliance with the conditions of the permit.
Part V, Vi, V11 & VIH Page 3 of 9

DRAFT PERMIT NO. NCS000418
2. Need to Halt or Reduce not a Defense
soIt shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
SECTION C: MONITORING AND RECORDS
1. Representative Sampling
When required herein, stormwater samples collected and measurements taken shall be
characteristic of the volume and nature of the permitted discharge. Analytical stormwater
sampling shall be performed during a representative storm event. These samples shall be
taken on a day and time that is characteristic of the discharge. Where appropriate, all
stormwater samples shall be taken before the discharge joins or is diluted by any other
waste stream, body of water, or substance. When specified herein, monitoring points
established in this permit shall not be changed without notification to and approval of the
Director.
2. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with
accepted scientific practices shalt be selected and used to ensure the accuracy and
reliability of measurements of the volume of monitored discharges.
3. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting
Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the
Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels and all data generated must be reported
down to the minimum detection or lower reporting level of the procedure.
4. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
which discharges through a municipal separate storm sewer system, an authorized
representative of a municipal operator or the separate storm sewer system receiving the
discharge, upon the presentation of credentials and other documents as may be required
by law, to;
Aft (a) Enter upon the nermittee's nremices where a regillated farihty nr artiyity iv lneareYi
or conducted, or where records must be kept under the conditions of this permit;
Part V, VI, VII & V111 Page 4 of 9

DRAFT PERMIT NO. NCS000418
(b) Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this permit; 0
(c) Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this permit;
and
(d) Sample or monitor at reasonable times, for the purposes of assuring permit
compliance or as otherwise authorized by the Clean Water Act, any substances or
parameters at any location.
5. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section
308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of
this permit shall be available for public inspection at the offices of the Division of Water
Quality. As required by the Act, analytical data shall not be considered confidential.
Knowingly making any false statement on any such report may result in the imposition of
criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal
Act.
PART VI LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules,
and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A
of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General
Statute 143-215.1 et. a1.
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pav the fee in a timely manner in accordanre with
15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit.
Part V, VI, VII & VIQ Page 5 of 9

DRAFT PERMIT NO. NCS000418
PART VIII DEFINITIONS
0 1. Act
See Clean Water Act.
�.: Best M enagement PrnrrtirP MMPI
Measures or practices used to reduce the amount of pollution entering surface waters.
BMPs can be structural or non-structural and may take the form of a process, activity,
physical structure or planning (see non-structural BMP).
3: Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
4. Division (DWQ)
The Division of Water Quality, Department of Environment and Natural Resources.
5. Director
40 The Director of the Division of Water Quality, the permit issuing authority.
6. EMC
r�
u
The North Carolina Environmental Management Commission.
7. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly
analyzed or qualitatively monitored must be taken within the first 30 minutes of
discharge.
8. Hazardous Substance
Any substance designated in 40 CFR Part 116 pursuant to Section 3l 1 of the Clean Water
Act.
9. Illicit Discharge
Any discharge to a MS4 that is not composed entirely of stormwater except discharges
pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non-
stormwater discharges, and discharges resulting from fire -fighting activities.
Part V, VI, VQ & VM Page 6 of 9

DRAFT PERMIT NO. NCS000418
ut
12
13
Industrial Activit
For the purposes of this permit, industrial activities shall mean all industrial activities as
defined in 40 CFR 122.26.
Municipal Separate Storm Sewer System (MS4)
Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains):
(i) Owned or operated by the United States, a State, city, town, county, district,
association, or other public body (created by or pursuant to State law) having
jurisdiction over disposal of sewage, industrial wastes, stormwater, or other
wastes, including special districts under State law such as a sewer district, flood
control district or drainage district, or similar entity, or an Indian tribe or an
authorized Indian tribal organization, or a designated and approved management
agency under Section 208 of the Clean Water Act (CWA) that discharges to
waters of the United States or waters of the State.
(ii) Designed or used for collecting or conveying stormwater;
(iii) Which is not a rombinerl v-wi-r- nnrl
(iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40
CFR 122.2
Non-stormwater Discharge Categories
The following are categories of non-stormwater discharges that the permittee must
address if it identifies them as significant contributors of pollutants to the storm sewer
system: water line flushing, landscape irrigation, diverted stream flows, rising
groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR
35.2005(20)], uncontaminated pumped groundwater, discharges from potable water
"ourc LV %-I tivi� uratnzs, an l.Vnd LIVUM8 l.on Uensa tl Vll, 1111gatIV[1 WQLeI, sI3rlllg", water
from crawl space pumps, footing drains, lawn watering, individual residential car
washing, flows from riparian habitats and wetlands, dechlorinated swimming pool
discharges, and street wash water (discharges or flows from fire fighting activities are
excluded from the definition of illicit discharge and only need to be addressed where they
are identified as significant sources of pollutants to waters of the United States) -
Non -structural BMP
Non-structural BMPs are preventive actions that involve management and source controls
such as: (1) Policies and ordinances that provide requirements and standards to direct
growth to identified areas, protect sensitive areas such as wetlands and riparian areas,
maintain and/or increase open space, provide buffers along sensitive water bodies, is
Part V , V I, V 1I & V III Page 7 of 9

DRAFT PERMIT NO. NCS000418
minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2)
policies or ordinances that encourage infili development in higher density urban areas,
and areas with existing storm sewer infrastructure; (3) education programs for developers
and the public about minimizing water quality impacts; (4) other measures such as
minimizing the percentage of impervious area after development, use of measures to
minimize directly connected impervious areas, and source control measures often thought
of as good housekeeping, preventive maintenance and spill prevention.
14. Outfall
The point of wastewater or stormwater discharge from a discrete conveyance system. See
also point source discharge of stormwater.
15. Permittee
The owner or operator issued this permit.
16. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited
to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from'which
stormwater is or may be discharged to waters of the state.
17. Redevelopment
Means any rebuilding activity other than a rebuilding activity that;
(i) Results in no net increase in built -upon area, and
(ii) Provides equal or greater stormwater control than the previous development.
18. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at
least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A
single storm event may contain up to 10 consecutive hours of no precipitation. For
example, if it rains for 2 hours without producing any collectable discharge, and then
stops, a sample may be collected if a rain producing a discharge begins again within the
next 10 hours.
19. Section 313 Water Priority Chemical
A chemical or chemical category which:
(a) Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund
® Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency
qWr canning and L,umn-tunifty t'igfft-to-Itnow tict of 19856;
Part V, VI, V II & V III Page 8 of 9

a
DRAFT PERMIT NO. NCS000418
(b) Is present at or above threshold levels at a facility subject to SARA title III,
Section 313 reporting requirements; and
(c) That meet at least one of the following criteria:
(i) Is listed in appendix D of 40 CFR Part 122 on either Table lI (organic
priority pollutants), Table III (certain metals, cyanides, and phenols) or
Table W (certain toxic pollutants and hazardous substances),
(ii) Is listed as a hazardous substance pursuant to Section 311(b)(2)(A) of the
CWA in 40 CFR 116.4, or
(iii) Is a pollutant for which EPA has published acute or chronic water quality
rritPrin
20. Stormwater Runoff
Tha ff it? of •x rotor ssrF. 1% . .. h-, F «. r �: 1 ...1 : t t
..•v +•v.. va vruw, w„t.,• ,esUILJ „U,11 �JrecltJlLdL1V11 ili1LL w1111:11 Vl;[;I.11J I[IIII]CCllalely
following rainfall or as a result of snowmelt.
21. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
rm
qV
Part V, VI, VH & VII1 Page 9 of 9

CJ
TOWN OF BROOKFORD
STORMWATER PERMIT APPLICATION
COMPREHENSIVE STORMWATER MANAGEMENT REPORT
CATAWBA COUNTY, NORTH CAROLINA
MARCH, 2003
CHFSTFR R_ WFST- RE
WEST CONSULTANTS, PLLC
MORGANTON, NORTH CAROLINA
CI

0
State of North Carolina
Department of Environment & Natural Resources
Division of Water Quality
OFFIC USE ONLY
Date Rec`d
Fee Paid
Permit Number
NPDES STORMWATER PERMIT APPLICATION FORM
This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public
Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application
package includes this form and three copies of the narrative documentation required in Section X of this form.
This application form, completed in accordance with Instructions for completing NPDES Small MS4 Stormwater
Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with
Instructions for Preparing the Comprehensive Storm water Management Program Report (SWU-268) are both
required for the application package to be considered a complete application submittal. Incomplete application
submittals may be returned to the applicant.
I. APPLICANT STATUS INFORMATION
a.
Name of Public Entity
Seeking Permit Coverage
Town of Brookford
b.
Ownership Status (federal,
state or local)
Local
c.
Type of Public Entity (city,
etc.)
Town
d.
Federal Standard Industrial
Classification Code
SIC 91 - 97
e.
County(s)
Catawba
f.
Jurisdictional Area (square
miles)
0.55
g.
Population
Permanent
434
Seasonal (if available)
N/A
h.
Ten-year Growth Rate
-4%
i.
Located on Indian Lands?
❑ Yes ®No
II. RPE / MS4 SYSTEM INFORMATION
a.
__(square
Storm Sewer Service Area
miles
0.55
b.
River Basin(s)
Catawba
c.
Number of Primary Receiving
Streams
1
d.
Estimated percentage of jurisdictional
area containing the following four land use activities:
•
Residential
2u
•
Commercial
5
•
Industrial
5
•
Open Space
70
Total =
100%
e.
Are there significant water
uali issues listed in the
Yes ®No
Page 1

NPDES RPE Stormwater Permit Application
u
attached application report?
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 entity?
b. If so, provide the name and permit number of that entity:
• Name of Phase I MS4
• NPDES Permit Number
c. Do you intend to co -permit
❑ Yes ❑ No
with another Phase II entity?
d. If so, provide the name(s) of
the entity:
e. Have legal agreements been
finalized between the co-
❑ Yes ❑ No
ermittees?
V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS
0 (If more than one, attach additional sheets)
C�
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
• Element they will
implement
• Contact Person
fnntarF Adrirac
Contact Telephone Number
re legal agreements in place
o establish responsibilities?
LA
[IYes ❑ No
VI. DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff member. This
delegation must name a specific person and position and include documentation of the delegation action
through board action.
a. Name of person to which permit authority
has been delegated
Mr. Marshall Eckard
b. Title/position of person above
Town Clerk
c. Documentation of board action delegating permit authority to this person/position must be
provided in the attached application report.
Page 2

NPDES RPE Stormwater Permit Application
u
VII. SIGNING OFFICIAL'S STATEMENT
Please see the application instructions to determine who has signatory authority for this permit
application. If authority for the NPDES stormwater permit has been appropriately delegated through
board action and documented in this permit application, the person/position listed in Section VI above
may sign the official statement below.
I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible forgathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations.
Signature
Name
Robert Smith
Title
Mayor
Street Address
1700 South Center Street
PO Box
City
Hickory
State
North Carolina
Zip
28602
Telephone
[phone]
Fax
[phone]
E-Mail
[e-mail]
VIII. MS4 CONTACT INFORMATION
Provide the following information for the person/position that will be responsible for day to day
implementation and oversight of the stormwater program.
a.
Name of Contact
Person
Marshall Eckard
b.
Title
Town Cleric
c.
Street Address
1700 South Center Street
d.
PO Box
e.
City
Hickory
f.
State
North Carolina
g.
Zip
28602
h.
Telephone Number
[phone]
L
Fax Number
[phone]
j.
E-Mail Address
Brookford@charter. net
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
None
b.
UIC program under SMNA
None
c.
NPDES Wastewater Discharge
Permit Number
None
d.
Prevention of Significant
Deterioration (PSD) Program
None
e.
Non Attainment Program
None
f.
National Emission Standards for
Hazardous Pollutants (NESHAPS)
None
reconstruction approval
g.
Ocean dumping permits under the
NIA
Marine Protection Research and
Sanctuaries Act
h.
Dredge or fill permits under
None
section 404 of CWA
0 X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT
A t+w�1I three %_W i of a comprehensive i5i'rc report detaiiilig U Ie proposed ,wlii ivvater Il�anagel llel It progra n- IOU
the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown
below. The required narrative information for each section is provided in the Instructions for Preparing the
Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the
following order, bound with tabs identifying each section by name, and include a Table of Contents with
page numbers for each entry.
1. STORM SEWER SYSTEM INFORMATION
1.1. Population Served
1.2. Growth Rate
1.3. Jurisdictional and MS4 Service Areas
1.4. MS4 Conveyance System
1.5. Land Use Composition Estimates
1.6. Estimate Methodology
1.7. TMDL Identification
2. RECEIVING STREAMS
E
TABLE OF CONTENTS
Page 4

NPDES RPE Stormwater Permit Application
0
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs
3.2. State programs
4. PERMITTING 1NFORMA 11ON
4.1. Responsible Party Contact List
4.2. Organizational Chart
4.3. Signing Official
4.4. Duly Authorized Representative
5. Co -Permitting Information (if applicable)
5.1. Co-Permittees
5.2. Legal Agreements
5.3. Responsible Parties
6. Reliance on Other Government Entity
6.1. Name of Entity
6.2. Measure implemented
6.3. Contact Information
6.4. Legal Agreements
7. STORMWATER MANAGEMENT PROGRAM
7.1. Public Education and Outreach on Stone Water Impacts
7.2. Public Involvement and Participation
7.3. Illicit Discharge Detection and Elimination
7.4. Construction Site Stormwater Runoff Control
7.5. Post -Construction Storm Water Management in New Development and Redevelopment
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations
Page 5

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
Storm Sewer System Information
1.1 Population Served. The population served by the Town of Brookford as shown in
the US Census 2000 Data is 434.
1.2 Growth Rate: The US Census 1990 Data shows a population of 451 and the US
Census 2000 Data is 434. This is a loss of 17 persons. This is largely due to the
age of the population in Brookford. Significant growth is not expected.
1.3 Jurisdiction and MS4 Service Area: The area of service is the total area of the
Town of Brookford which is 0.55 square miles as shown in the US Census 2000
DATA.
1.4 MS4 Conveyance System: The Town of Brookford is a rural community in
western North Carolina. The Town has very few streets with curb and gutter.
The conveyance of stormwater is mostly through ditch lines along streets and
piping under driveways and streets. The Town does not have a Public Works
staff and generally responds to complaints for stormwater problems through office
stall. 1 Ile l owll Uses local. contractors to resolve the pr 001%'r a'.
is 1.5 Land Use Composition Estimates: The Town of Brookford does not have a Land
Use Survey. Using the existing mapping and estimating from on -site review, the
following percentages are submitted:
Total Area
100%
0.55 sq. mi.
Housing
20%
0.11 sq. mi.
Commercial
5%
0.03 sq. mi.
Ind 11strial
50/n
0 03 sq, mi:
Undeveloped
70%
0.38 sq. mi.
1.6 Estimate Methodology: The above was estimated using the Town of Brookford
mapping and on -site review of existing usage.
1.7 TMDL Identification: The area drains to the Catawba River. The Catawba River
is a WS-1V; CA stream classification. The receiving stream is the Henry Fork.
lJ

• 2.0 Receiving Steams
Catawba River Basin:
Receiving Stream Water Quality Use Water Quality
Stream Name Segment Rating Support Issues
Rating_
Henry Fork From Laurel C NIA None
Creek to South
Fork Catawba
River
3.0 Existing Water Quality Programs
3.1 Local Programs: The 'Down of Brookford has adopted the local Watershed
Protection Plan and the State of North Carolina Erosion and Sediment Control
Plan.
3.2 State Programs: The Town of Brookford has adopted the Erosion and Sediment
Control Plan.
4.0 Permitting Information:
4.1 Responsible Party Contact List:
Mr. Marshall Eckard
Town Clerk
[phone] — phone
[phone] -- fax
The Town Clerk will be responsible for:
1. Public Education and Outreach on Stormwater Impacts
2. Public Involvement and Participation
3. Illicit Discharge Detection and Elimination
4. Construction Site Stormwater Runoff Control
5. Post -Construction Stormwater Management
6. Pollution Prevention/Good Housekeeping
4.2 Organizational Chart: (see attached)
4.3 Signing Official:
Mr. Marshall Eckard, Town Clerk
• Because, by ordinance, the Town Clerk is the legal signing authority.

4.4 Duly Authorized Representation: NIA
40 5.0 Co -Permitting Information: NIA
6.0 Reliance on other government entity to satisfy one or more permit obligations:
6.1 Catawba County Building Inspections
6.2 On -site inspection and issuance of occupancy permit (project completed)
6.3 Catawba County_ Building Inspections City of Hickory Public Services
P.O. Box 389 P.O. Box 398
Newton, NC 28658 Hickory, NC 28603
[phone] [phone]
6.4 There is no legal agreement, by State Statute, Catawba County provides Building
Inspection and Health Inspections. See agreement with the City of Hickory.
7 0 Ctnrm\xra4F-r AAanarlhmpnt Prnrrrnm Plan
7.1 Public Education and Outreach on Stormwater Impacts
a. Prepare and print a stormwater information brochure outlining potential
harm of stormwater by pollutants.
b. Mail brochure and facts to citizens and businesses using tax and/or water
sewer billing.
c. nave yearly public WU1AN11VPN aL luwii VIU11.
d. Meet with local law enforcement, local fire personnel, building; inspectors,
and public health inspectors to educate about the impacts of stormwater
management.
7.1.1 Best Management Practice
Method Participants Year Coals Responsible
1 2 34 5 Person
Brochure Citizens, Business, X X X X X 75% Town Clerk
Industry
Mailings All Tax Payers,
Utilities
Workshops All
Enforcement Local Law,
Workshops Building, Fire
• and Health
Inspectors
X X X X X 100% Town Clerk
- X - X - 50% 'Town Clerk
- - X - X 100% Town Clerk
Engineering
Consultant

S7.1.2 Target Audience: General public, business, and industry owner's as well
as local enforcement personnel.
7.1.3 Target Pollutant Sources: Household, commercial and industrial
pollutants. These are the pollutants most likely to be released to the
stormwater conveyance appurtenances. It is intended to have a list of
harmful household, commercial, and industrial pollutants on the brochure.
Further discussion of each will be made at the yearly workshops.
7.1.4 Outreach Program: It is intended to use brochures to reach the general
citizens and others. It is intended to specifically invite commercial and
industrial users to the yearly workshops.
7.1.5 Decision Process: A yearly review of the six (6) goals will be made and
changes in the public education and outreach will be amended if
necessary.
7.1.6 Evaluation: The best measure will be the number of violations or
complaints received during the evaluation period. Also, from the
complaints, it can be learned where added review may be necessary in the
implementation of stormwater management.
. 7.2 Public Involvement and Participation
7.2.1 Best Management Practice
Method
Participants
Year
Goals
Responsible
12345
Person
Public
Citizens,
X X X X X
25%
Town Clerk,
Business,
Clerk, Attorney
I ndustry
Public
Tax Payers,
X X X X X
100%
Town Clerk,
Mailings
Utility Users
Clerk, Attorney
Board
Those with
- X X X X
100%
Town Clerk,
Meetings
Projects
Clerk, Attorney
Telephone
Questions,
- X X X X
As
Town Clerk
Surveys
Complaints
Received
7.2.2 Target Audience:
The Town will mail
out information
brochures and
other information
about
stormwater management
using water/sewer
billing. It is also planned to conduct random telephone surveys to learn if
the citizens are reading and learning about stormwater management.
Lastly, the Town will give a thirty (30) day notice in the local newspaper

to advise the citizens that a yearly workshop will be held to discuss
stormwater management. The target audience will be the general citizens,
businesses, and industrial leaders of the Town.
7.2.3 Participation Program: Already, the Town has had working meetings with
the Town Planning Board and the Zoning Board of Adjustment. These
two public bodies are responsible under the Town Clerk to implement and
enforce the stormwater regulations already in erect and any new
regulations.
7.2.4 Decision Process: The obvious method of decision making is through the
participation in the workshops. Feedback through the telephone surveys
will also be helpful in decisions of stormwater management.
7.2.5 Evaluation: The number participating in the workshops and telephone
surveys will be a good measure of public participation in the program.
7.3 illicit Discharge Detention and Elimination
7.3.1 Best Management Practice
Method
Participants
Year
Responsible Person
1 L J -* J
Mapping
Complete
X X X X X
Engineer
Education
Contractor, Citizens
- - X X X
Town Clerk, Engineer
Consultant
Inspections
Contractor,
- - X X X
Town Clerk, Engineer
Inspector, Engineer
Consultant
7.3.2 Storm Sewer Map: The Town has developed a Stormwater Map which
locates all conveyance piping along with the size of each and the relevant
conveyance ditchlines. Also, streams are also shown. The map was
developed from actual field surveying to located and size each pipe and
using USGS mapping to locate named and unnamed streams.
7.3.3 Regulatory Mechanism: The Town will adopt a Stormwater Management
Ordinance. This proposed Ordinance would cover Discharge Prohibitions,
Accidental Discharges, and Notice of Violation and Penalties. A sample
of the proposed Ordinance is attached as a separate exhibit.
7.3.4 Enforcement: As described in the proposed Ordinance, a Notice of
Violation is issued for each violation. The civil penalty is up to $1,000 per
day for the first violation and up to $2,000 per day for the second. See the
® proposed ordinance.

7.3.5 Detection and Elimination: One of the Town's best methods of detection
are the citizens. The Town does not have a Public Works staff or any
other non -office staff to make site reviews. The Town will rely on
educating the citizens, local law enforcement, existing County Building
Inspectors, existing County Health Inspectors, and local fire fighting
personnel to detect illicit flows of or into stormwater.
7.3.6 Non-stormwater Discharges: Each of the significant and less significant
means of illicit discharges will be addressed in the education of the
Town's citizens and local enforcement personnel. The Town will rely on
these eyes and ears to observe and report illicit discharges into a
stormwater conveyance system. The Town is not in or near a sensitive
water body or streams. The education of citizens, business owners, and
industrial site owners will be essential in observing and reporting illicit
rlicrharnac
7.3.7 Decision Process: The Town Clerk and the Zoning Board of adjustment
will make determination of illicit discharge detection and elimination.
The proposed Ordinance may need to be revised if it is not relevant. Also,
notices of violation will also be a measure of how the system is working.
7.3.8 Evaluation: The measure of success will be the number of monthly
reports of illicit discharges, the number of monthly notices of violations
• and the number of penalties assessed per month.
7.4 Construction Site Stormwater Runoff Control:
The Town of Brookford currently has and enforces the North Carolina Erosion
and Sediment Control regulations. Also, the Town of Brookford currently has
and enforces a Watershed Protection Regulation. Copies of each are attached. It
is the intention of the Town of Brookford to use the above for Construction Site
Stormwater Runoff Control.
7.4.1 Best Management Practices
Method
Year Responsible Person
1 2345
i. Erosion Control Plan Submitted X X X X X Town Clerk
ii. Plan Review/Approval Asheville, DENR
XXXXX
iii. Complaints Town Cleric, Engineer
XXXXX Consultant
iv. Inspection Asheville, DENR, and
0 XXXXX Engineer Consultant

7.4.2 Regulatory Mechanism: Existing Erosion Control and Sediment Control
regulation.
7.4.3 Plan Reviews: As required by State Erosion Control and Sediment
Control regulation.
7.4.4 Enforcement: As outlined by the Erosion Control and Sediment Control
regulation.
7.4.5 Inspections: As permits are approved, follow-up site inspections are made
by the Town Clerk. Also, by County Building Inspector.
7.4.6 Public Information: Erosion and Sediment Control has been enforced for
some years; L114141V Le, only general. lI1LVLI1LQlIV 11 will' 4 g1Ve11 oUl dl PUVil1,,
meetings concerning this requirement, The Town gets public complaints
about sites that are out of compliance or not permitted.
^7 A ^7 it--' --- n--____. 1[ --" 1-1---------� -`- --1---- •. i
VCCISIVII Crocess: Us-Ing' nnontllly cVII plaints, plaIls approveu anu sues
under review will be used to evaluate how well the requirement is
working. Since this is in existence, this requirement should continue to
function well.
7.5 Post Construction Stormwater Management in New Development and
Redevelopment
The Town of Brookford currently implements a Watershed Protection Ordinance.
It is the intention of the Town to use this existing regulation to review, permit,
and inspect Post -Construction Sites.
The attached Ordinance is included for review within this section.
Currently, stormwater structures are reviewed by the owner and the Town's
consulting engineer for operation and maintenance.
7.6 Pollution Prevention/Good Housekeeping for Municipal Operations
The Town of Brookford has an agreement with the City of Hickory. These are by
others.

0 7.6.1 Best Management Practices
Method Participants Year Responsible Person
12345
Municipal City of Hickory,
Operation NCDOT,
Contractors
Inspections Complaints,
Reports
- - X X X Town Clerk, Engineer
Consultant
- - X X X Town Clerk
7.6.2 Affected Operations: The Town will need to educate the contracted
maintenance contractors for wastewater, street paving, and solid waste
pick-up. The Town will need to notify and educate NCDOT and the City
of Hickory for highway maintenance and water maintenance. This can be
accomplished as a training and education basis.
7.6.3 Maintenance and Inspections: The Town will require each contractor as
listed above to report any illicit or accidental spills into a stormwater
conveyance unit.
The training as outlined above will give specific elements to observe
dependent on the contractor's area of responsibility.
7.6.4 Existing Ordinances: The two (2) ordinances directly affected by these
stormwater issues are made a part of this process since they are Watershed
and Erosion and Sediment Control.
7.6.5 Decision Process: This will be accomplished by a specific contractor as a
part of their contract. They will be required to follow the Stormwater
Management; Watershed Protection; Erosion and Sediment Control and
any other Local, State or Federal regulations.

0
TOWN OF BROOKFORD
0
PLANNING BOARD
•
ORGANIZATION CHART
TOWN COUNCIL
TOWN CLERK
ZONING BOARD

394

Name of Stream Description Curr. Class Date Prop, Class Basin
Henry Fork From Laurel Creek to C 03/01/62 Catawba
South Fork Catawba
River
Longview Creek
From source to
Henry
C
09/01/74
Fork
Pepsi Branch
From source to
C
09/01/74
Longview Creek
Geltner Branch
From source to
Henry
C
03/01/62
Fork
(larger Branch
From source to
Henry
C
03/01/62
Fork
Muddy Creek
From source to
Henry
C
03/01/62
Fork
Jacob Fork
From Camp Creek to a
WS-III
08/03/92
point 0.6 mile
upstream of mouth
Rock Creek
From source to
Jacob
WS-III
08/03/92
Fork
Douglas Creek
From source to
Jacob
WS-III
08/03/92
Fork
Camp Creek
From source to
Jacob
WS-III
08/03/92
Fork
Hon Creek
From source to
Jacob
WS-III
08/03/92
Fork
.
Jacob Fork
From a point 0.6
mile
WS-III;CA
08/03/92
upstream of mouth to
South Fork Catawba
River (Town of Newton
water supply intake)
South Fork
From Catawba -Lincoln
WS-IV
08/01/58
Catawba River
County Line to a point
0.8 mile upstream of
Lincoln County SR 1008
Pott Creek
From source to point
C
08/01/98
0.3 mile upstream of
Lincoln n County SR 1217
Cow Branch
From source to Pott
C
08/01/98
Creek
Sampson Creek
From source to Pott
C
08/01/98
Creek
Haas Creek
From source to Pett
C
08/01/98
Creek
Rhodes Mill Creek
From source to Pott
C
08/01/99
Creek
Howards Creek
From source to South
C
08/01/98
Fork Catawba River
Catawba
Catawba
Catawba
Catawba
Catawba
Catawba
Catawba
Catawba
Catawba
Catawba
Catawba
Stream Index #
11-129-1-(12.5)
11-129-1-17
11-129-1-17-1
11-129-1--18
11-129-1-19
11-129-1-20
11-129-2-(9.5)
11-129-2-11
11-129-2-12
11-129-2-13
11-129-2-14
11-129-2-(15)
Catawba 11-129-(2.5)
Catawba 11-129-3-(0.3)
Catawba
11-129-3-1
Catawba
11-129-3-2
Catawba
11-129-3-3
Catawba
11-129-3-4
Catawba
11-129-4
Page 5 of 7

American FactFind$
Main I Search I Feedback I FAQs f Glossary I Help
QT-PI. Age Groups and Sex: 2000
ata Set: Census 2000 Summary File 1 (SF 1) 100-Percent Data
Wgraphic Area: Brookford town, North Carolina
NOTE: For information on confidentiality protection, nonsampling error, and definitions, see
http�llfactfnder,census.govlhome/entdatanote srexosfI u.htm.
e
Both sexes
Number
Male
Female
Percent
Both
sexes Mal
Fema!
Male
per 10
females
Total population
43
199
23
100.
100.0
100.0
84.71
Under 5 ears
2
17,
12
6.
8.
5.1
141.
to 9 vears
2
16
5.
4.
6.8
50-01
10 to 14 years
151
3.
3.
3.4
87.
15 to 19 ears
2
1
11
5.
7.
4.7
127.3
0 to 24 ears
2
1
1
6.
7.
5.5
107.
to 29 ears
1
1
7.
7.
7.7
83.
to 34 ears
2
1
1
5.
7.
4.3
150.
to 39 ears
21
1
8.
10.
6.4
140.
to 44 ears
2
1
4.
4.
5.1
66.71
5 to 49 ears
1
1
7.
7.
7.7
83.31
to 54 ears
1
1
6.
7.
6,8
87.
5 to 59 ears
2
11
1
5.
5.
6.0
78.
to 64 ears
1
1
4.
3.
5.1
58.
5 to 69 ears
1
1
4.1
1.
6.4
20.
0 to 74 ears
2
1
1
6.
6.
6.4
86.
5 to 79 ears
2
1
1
5.
5.
5.5
76.
0 to 84 years
16
61
101
3.7
3.
4.3
60.
5 to 89 ears
1
1.
0.
2.6
16.71
ars and over
1
1
0_
0.
0.4
0.
nder 18 ears
41
42
19.1
20.
17.
97.
18 to 64 ears
2
12
13
59.
62_
56.
94.
18 to 24 ears
3
1
1
8.
9.
7.7
105.
25 to 44 ears
11
5
5
26.
29.
23.
107.3
25 to 34 years
581
301
281
13.41
15.11
11.91
107.1
35 to 44 years
2424
21
12.4
14.4
11.
107.
45 to 64 years
101
41
§4
24.1
23.
78.31
6
id Q
id PJ
_25.51
1.1 Q
RF 14
55 to 64 years
181
261
10.11
9.01
11.11
69.
5 years and over
931
331
601
21.41
16.61
25.51
55.01
65 to 74 Xears
461
161
301
10,61
8,01
12.8
53.31
75 to 84 years
39
16
231
9.01
8.01
9.8
69.
85 ears and over
1
1.
0.
3.
14.
16 ears and over
361
1
19
83.
82.
83.
83.
18 ears and over
351
15
19
80.
79.
82.1
81.
1 ears and over
33
15
18
77.
76.
78.
82.
ears and over
11
7
25.
20.1
30.
55.
2 years and over
10
24.
19.1
7 ears and over
3
20.
16.1
5 ears and over
4
1
10.
8.
I(XI
than age ears
42.1
38.
46.
X
X
(X) Not applicable.
Source: U.S. Census Bureau, Census 2000 Summary File 1, Matrices P13 and PCT12.
http://factfinder.census.gov/servlet/QT Fable?_ts=59399152270 12/31/02

American FactFinder
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U S L,Census,'Bir.eau.,,y�{j�„,�yTTTT�����7�{{{{��t=`;g�g�,s�`�{�xY`fY'�': rAmerican FactFinder'
•l Siyi� `S�" li 4r� �3kr.9rf i. �. r t iMain I Search I Feedback I FAQs I Glossary I Help
QT-P1A. Age and Sex for the Total Population: 1990
Set: 1990 Summary.Tape File 1 STF 1 - 100-Percent data
raphic Area: Brooklord town, North Carolina
NOTE: For information on confidentiality, nonsampling error, and definitions, see
http:llfactfinder.census.govlhomelenldatanoteslexpstf190.htm.
e
Number
Percent
Both s-exes
Male
Female
Both sexes
Mal
Female
Total population
451
221
23
100.
100,
100.
Under 5 ears
20
1
8.
9.
7.01
Under 1 ear
1.
1.8
1.31
1 and 2 years
181
81
101
4.01
3.6
4.31
3 and 4 years
11
81
31
2.41
16
1.31
5 to 9 years
251
ill
14
5.5
5.0
6.1
5 years
71
31
4
1.6
1.4
1.71
6 years
21
01
2
0.4
0.0
0.
7 to 9 years
8
3.5
3.6
3.
10 to 14 years
21
101
11
4.7.4.
4.81
10 and 11 years
10
61
41
2.21
2.
1.71
12 and 13 years
7
1.
0.
2.
14 years
4
21
21
0.9
0.
0.91
15 to 19 years
21
141
71
43
6.
3,01
15 years
0.
0_
0.
16 years
1
0.7
0.
0.
17 veMrc
All
91
21
0.9
0.9
0.
16 ears
1
1.1
1.
0,41
19 ears
1
1.
2.
0.
20 to 24 ears
471
221
251
10.4
10.
10.
20 years
6
21
1.8
2.
0.91
21 years
121
7
51
2.
3.
2.2
25 to 29 years
331
19
141
7,31
8.
6.1
30 to 34 years
341
16
1
7.
8.1
7.01
35 to 39 ears
2
17
5.
7.
3.51
40 to 44 ears
21
13
4.
5.
3.
45 to 49 ears
1
11
4.2
5.
3.
50 to 54 ears
1
2.
1.
3.
55to 59 ears
21
1
4.
2.
6.
60 to 64 ears
2
13
1
6.2
5.
6.
65 to 69 ears
15
1
7.
a.8
8.
70 to 74 years
301
16
141
6.71
7.21
6.1
75 to 79 years
21
6
1
4.
2.
6.
80 to 84 years
131
4
2.
1.8
3.91
85 ears and over
91
2
7
2.
0.9
3.01
18 years and over
36
1761
184
79.81
79.
80.
21 years and over
3401
1601
18
75.
72.
78,
62 ears and over
121
51
7
26.4
23.1
30.
65 years and over
1071
431
23.71
19.5
27.
(X) Not applicable
Source: U.S. Bureau of the Census,
Matrices P1, P5, P11, P12.
1990 Census of Population and housing, SummaryTape File 1 (100% Data)
http://factfinder.census.gov/servlet/QTTable?_ts=59398786420 12/31 /02

ARTICLE XV
is WATERSHED PROTECTION
Section 130.0 Authority and Enactment.
The Legislature of the State of North Carolina has, in Chapter 160A, Article 19, Planning and
Regulation of Development; and in Chapter 143, Article 21, Watershed Protection Rules,
delegated the responsibility or directed local governmental units to adopt regulations designed to
promote the public health, safety, and general welfare of its citizenry. The Town of Brookford,
North Carolina ("the Town"), does hereby ordain and enact into law the following_ articles as the
Watershed Protection Ordinance of Brookford, North Carolina.
Section 131.0 Jurisdiction.
The provisions of this Ordinance shall apply within the Town Boundary as on the "Official
Zoning Map of Brookford, North Carolina" ("the Zoning Map"). The Zoning Map and all
explanatory matter contained thereon accompanies and is hereby made a part of this Article.
Section 132.0 Exceptions to Applicability.
(A) Development activities that do not require a Sedimentation/Erosion Control Plan are
exempt from the requirements of this Article.
S(B) Existing development, as defined in this Article, is not subject to the requirements
of this Article. Existing development is defined as those projects that are built or
tl-se ects +t,n+
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Carolina zoning law as of the effective date of this Ordinance based on at least one
of the following criteria
(1) having expended substantial resources (time, labor, money) based on a good
faith reliance upon having received a valid local government approval to
Proceed with the project;
(2) having an outstanding valid building permit as authorized by NCGS 153A-
344.1 and NCGS 160A-385.1; or
(3) having an approved site specific or phased development plan as authorized by
NCGS 153A-344.1 and NCGS 160A-385.1.
(C) Expansions to structures classified as existing development must meet the
requirements of this Ordinance; however, the built -upon area of the existing
development is not required to be included in the density calculations.
(D) Reconstruction of Buildings or Built -Upon Areas. Any existing building or built -
upon area not in conformance with the restrictions of this Ordinance that has been
damaged or removed may be repaired and/or reconstructed, except that there are no
restrictions on single-family residential redevelopment, provided:

. (1) Repair or reconstruction is initiated within twelve (12) months and completed
within two (2) years of such damage.
(2) The total amount of space devoted to built -upon area may not be increased
unless stormwater control that equals or exceeds the previous development is
provided.
(E) If a non -conforming lot of record is not contiguous to any other lot owned by the
same party, then that lot of record shall not be subject to the development
restrictions of this ordinance if it is developed for single family purposes (and zoned
for this use).
Section 133,_0 Cluster or Planned Unit Development.
Cluster or Planned Unit Development is allowed in all Watershed Areas under the following
conditions:
(A) Development activities shall comply with the respective requirements of Sections
96, 97, 98, and 99 of this Ordinance.
(B) AlI built -upon areas shall be designed and located to minimize stormwater runoff
impact to the receiving waters and minimize concentrated stormwater flow.
(C) The remainder of the tract shall remain in a vegetated or natural state. The title to
the open space area shall be conveyed to an incorporated homeowners association
c _ _ _ -�— _�.. l�_-i _-_.__n-_. r__ preservation _ a_
to rnanager-ne ii, to a local gone nii1Giit 1Vi preservation as a park or open space; or
to a conservation organization for preservation in a permanent easement. Where a
property association is not incorporated, a maintenance agreement shall be filed
with the deeds.
Section 134.0 Buffer Areas Required.
(A)A minimum one hundred (100) foot vegetative buffer is required for all new
development activities that exceed the low density option; otherwise a minimum thirty
(30) foot vegetative buffer for development activities in the protected area is required
along all perennial waters, and a minimum one hundred fifty (150) foot vegetative
buffer for development activities in the critical area is required along all perennial
waters indicated in the most recent versions of USGS 1:24,000 (7.5 minute) scale
topographic maps or as determined by local studies. Artificial streambank stabilization
is permitted.
(B) No new development is allowed in the buffer except for water dependent structures
and public projects such as road crossings and greenways and their appurtenances
0 2

where no practical alternative exists. These activities should minimize built -upon
surface area, direct runoff away from the surface waters and maximize the
utilization of stormwater Best Management Practices.
Section 135.0 Watershed Administrator and Duties thereof
The Watershed Administrator shall be the same as the Zoning Enforcement Officer as described
in this Ordinance. It shall be the duty of the Watershed Administrator to administer and enforce
the provisions of this Article as follows:
(A) The Watershed Administrator shall issue Zoning Permits and Certificates of
Occupancy as provided in this Ordinance. A record of all permits shall be kept on
file and shall be available for public inspection during regular office hours of the
Administrator.
(B) The Watershed Administrator shall serve as staff to the Planning Board, Board of
Adjustment, and Town Council.
(C) The Watershed Administrator shall keep records of all amendments to the local
Water Supply Watershed Protection Ordinance and shall provide copies of all
amendments upon adoption to the Division of Water Quality.
(D) 1lie `Yv7a LGrs11Gd Adlll Ill is LraLol Is gl [lilted LIVU 21U11Vl ily 1V [1dlllillis LG1 itlld enforce the
. provisions of this Article, exercising in the fulfillment of his responsibility the full
zoning and police power of the Town of Brookford. The Watershed Administrator,
or his duly authorized representative, may enter any building, structure, or premises,
as provided by law, to perform any duty imposed upon him by this Article.
(E) The Watershed Administrator shall keep a record of variances to the local Water
Supply Watershed Protection Ordinance. This record shall be submitted each
calendar year to the Division of Water Quality on or before January 1st of the
following calendar year and shall provide a description of each project receiving a
variance and the reasons for granting the variance.
Section 136.0 Appeal from the Watershed Administrator.
(A) Any order, requirement, decision or determination made by the Watershed
Administrator may be appealed to and decided by the Board of Adjustment.
(B) An appeal from a decision of the Watershed Administrator must be submitted to the
Board of Adjustment within thirty (30) days from the date the order, interpretation,
decision or determination is made. All appeals must be made in writing stating the
reasons for appeal. Following submission of an appeal, the Watershed
Administrator shall transmit to the Board all papers constituting the record upon
which the action appealed from was taken.
0 3

(C) An appeal stays all proceedings in furtherance of the action appealed, unless the
officer from whom the appeal is taken certifies to the Board after the notice of
appeal has been filed with him, that by reason of facts stated in the certificate, a stay
would in his opinion cause imminent peril to life or property. In such case,
proceedings shall not be stayed otherwise than by a restraining order which may be
granted by the Board or by a court of record on application of notice of the officer
from whom the appeal is taken and upon due cause shown.
(D) The Board shall fix a reasonable time for hearing the appeal and give notice thereof
to the parties and shall decide the same within a reasonable time. At the hearing,
any party may appear in person, by agent or by attorney.
Section 137.0 Establishment of a Watershed Review Board.
There shall be and hereby is created the Watershed Review Board consisting of the same
membership as the Brookford Town Council. Terms for members of the Watershed Review
Board shall coincide with the membership terms for the Town Council.
Section 138.0 Powers and Duties of the Watershed Review Board and Board of Adjustment.
(A) The Board of Adjustment shall be responsible for reviewing and hearing all major
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• the Zoning Ordinance for zoning variances when reviewing all watershed variance
cases.
(B) If the application calls for the granting of a major watershed variance, and if the
Board of Adjustment decides in favor or granting the major watershed variance, the
Board shall prepare a preliminary record of the hearing with all deliberate speed.
The preliminary record of the hearing shall include:
(1) The variance applications;
(2) The hearing notices;
(3) The evidence presented;
(4) Motions, offers of proof, objections to evidence, and rulings on them;
(5) Proposed findings and exceptions;
(6) The proposed decision, including all conditions proposed to be added to the
permit.
(C) The preliminary record shall be sent to the Environmental Management
Commission (EMC) for its review as follows:
(1) If the EMC concludes from the preliminary record that the variance qualifies as
a major variance and that (1) the property owner can secure no reasonable
return from, nor make any practical use of the property unless the proposed
0 4

variance is granted, and (2) the variance, if granted, will not result in a serious
Sthreat to the water supply, then the EMC shall approve the variance as proposed
or approve the proposed variance with conditions and stipulations. The EMC
shall prepare a decision and send it to the Board of Adjustment. If the EMC
approves the variance as proposed, the Board of Adjustment shall prepare a
final decision granting the proposed variance. If the EMC approves the variance
with conditions and stipulations, the Board of Adjustment shall prepare a final
decision, including such conditions and stipulations, granting the proposed
variance.
(2) If the EMC concludes from the preliminary record that the variance qualifies as
a major variance and that (1) the property owner can secure a reasonable return
from or make a practical use of the property without the variance or (2) the
variance, if granted, will result in a serious threat to the water supply, then the
a..INaC oIau111 ueny appry ray V1 the variance iaf lci. as pro klvscu. 111G L'1VVLI shall }]I Gfjare
a commission decision and send it to the Board of Adjustment. The Board of
Adjustment shall prepare a final decision denying the variance as proposed.
(D) Writ -ter, notification sh ail ue given to local governments having jurisdiction and any
entity using the water supply for consumption where a variance is being considered.
The local government and entity shall have a reasonable comment period prior to
review by the Board of Adjustment.
® (E) Approval of all development with densities greater than that specified in
Article V of this Ordinance shall be the authority of the Town
Council[Watershed Review Board.
Section 139.0 Appeals from the Town Council or Board of Adjustment.
Appeals from the Town Council or Board of Adjustment must be filed with the Superior Court
within 30 days from the date of the decision. The decisions by the Superior Court will be in the
manner of certiorari.
Section 140.0 High Density Development Standards.
(A) The Town Council may approve high density development proposals consistent
with the following standards:
WS-IV-Critical Areas - Where new development requires a
Sedimentation/Erosion Control Plan and exceeds either 2 dwelling units per acre,
or 24% built -upon area, engineered stormwater controls shall be used to control
runoff from the first inch of rainfall and development shall not exceed 50% built -
upon area.

WS-I V-Protected Areas - Where new development requires a
Sedimentation/Erosion Control Plan and exceeds either 2 dwelling units per acre,
or 24% built -upon area (or 3 dwelling units per acre or 36% built -upon area for
projects without curb and gutter street system), engineered stormwater controls
shall be used to control runoff from the first inch of rainfall and development shall
not exceed 70% built -upon area.
Section 141.0 High Density Development Permit Application.
(A) A High Density Development Permit shall be required for new development
exceedinp- the density requirements specified in Article V of this Ordinance.
(B) Application for a High Density Development Permit shall be addressed and
submitted to the Town Council through the Watershed Administrator.
Application for a High Density Development Permit shall be made on the proper
form and shall include the following information:
(1) A completed High Density Development Permit Application signed by the
owner of the property. The signature of the consulting engineer or other
agent will be accepted on the application only if accompanied by a letter
of authorization;
(2) Ten (10) reproducible copies of the development plan including detailed
einformation concerning built -upon area;
(3) Ten (10) reproducible copies of the plans and specifications of the
stormwater control structure consistent with Section 142;
(4) When required by law, written verification that a soil erosion and
sedimentation control plan has been approved by the appropriate State or
Y
iocaj agency;
(5) Permit Application Fees consistent with Section 145,
(C) Prior to taking final action on any application, the Board or the Watershed
Administrator may provide an opportunity to public agencies affected by the
development proposal to review and make recommendations on the application.
However, failure of the agencies to submit their comments and recommendations
shall not delay the Board's action within the prescribed time limit.
(D) Public Hearing. Upon receipt of a completed application, the Town Council shall
hold a public hearing. Notice of the hearing shall be published in a newspaper of
general circulation at least seven days prior to the date of the hearing. The notice
shall state the location of the building, lot or tract in question, the intended use of
the property, the need for engineered stormwater controls and the time and place
0 6

of the hearing. At the hearing, the applicant or designated representative thereof
shall appear for the purposes of offering testimony and recommendations
concerning the application. The Board shall also allot reasonable time for the
expression of views by any member of the public attending the meeting in person
or represented by an attorney provided the testimony bears on the findings the
Board must make.
(E) The Town Council shall issue a High Density Development Permit within sixty-
five (65) days of its first consideration upon finding that the proposal is consistent
with the applicable standards set forth in the Watershed Protection Ordinance and
the following conditions are met:
(1) The use will not endanger the public health or safety if located where
proposed and developed according to the plan as submitted and approved;
(2) The use minimizes impacts to water quality through the Best Management
Practices, cluster development, and/or maximum setbacks from perennial
waters;
(3) The use is vital to the continued growth and economic development of the
Town of Brookford.
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. for the Town of Brookford.
If the Town Council finds that any one of the above conditions is not met, the
Board shall deny the application.
(F) In addition to any other requirements provided by this Ordinance, the Board may
designate additional permit conditions and requirements to assure that the use will
be harmonious with the area in which it is proposed io be located and with the
spirit of this Ordinance. All additional conditions shall be entered in the minutes
of the meeting at which the permit is granted, on all plans and on the permit
certificate. All conditions so imposed shall run with the land and shall be binding
upon the applicant and the applicant's heirs, successors or assigns during the
continuation of the permitted use.
(G) The Board shall issue a written ruling and make copies available at the office of
the Watershed Administrator and the Town Clerk. If the Board approves the
application based on its findings, such approval shall be indicated on the permit
and all copies of the site plan and all copies of the plans and specifications of the
stormwater control structure(s). A High Density Development Permit shall be
issued after the applicant posts a performance bond or other acceptable security as
required in Section 143(B)(1) and executes an Operation and Maintenance
Agreement as required in Section 143(C). A copy of the permit and one copy of

each set of plans shall be kept on file at the Watershed Administrator's office. The
• original permit and one copy of each set of plans shall be delivered to the
applicant either by personal service or registered mail, return receipt requested.
Section 142.0 Stormwater Control Structures.
(A) All stormwater control structures shall be designed by a North Carolina registered
professional engineer.
(B) All stormwater controls shall use wet detention ponds as a primary treatment
system unless alternative stormwater management measures, as outlined in
Section 142(G), are used. Wet detention ponds shall be designed for specific
pollutant removal according to modeling techniques approved by the North
Carolina Division of Environmental Management. Specific requirements for these
systems shall be in accordance with the following design criteria:
(1) Wet detention ponds shall be designed to remove 85% of total suspended
solids in the permanent pool and storage run-off from a one -inch rainfall
from the site above the permanent pool;
(2) The designed run-off storage volume shall be above the permanent pool;
r he uiscli rate IF these systems torrowing the one -inch rainfall
design storm shall be such that the run-off does not draw down to the
permanent pool level in less than two (2) days and that the pond is drawn
down to the permanent pool level within at least five (5) days;
(4) The mean permanent pool depth shall be a minimum of three (3) feet;
(5) The inlet structure shall be designed to minimize turbulence using baffles
or other appropriate design features;
(6) Vegetative filters shall be constructed for the overflow and discharge of all
stormwater wet detention ponds and shall be at least thirty feet in length.
The slope and width of the vegetative filter shall be determined so as to
provide a non -erosive velocity of flow through the filter for a ten-year, 24-
hour storm with a ten-year, one -hour intensity with a slope of 5% or less.
Vegetation in the filter shall be natural vegetation, grasses or artificially
planted wetland vegetation appropriate for the site characteristics; and
(7) All stormwater control structures shall be enclosed by a fence with a
minimum height of six (6) feet.
(C) In addition to the vegetative filters required in Section 142(B)(6), all land areas
outside of the pond shall be provided with a ground cover sufficient to restrain
erosion within thirty (30) days after any land disturbance. Upon completion of the
0 8

stormwater control structure, a permanent ground cover shall be established and
• maintained as part of the maintenance agreement described in Section 143(C).
(D) An easement in the property containing the stormwater control structure allowing
the Town of Brookford to perform inspections, maintenance, repairs,
reconstruction, and any other acts which may be required in order for the Town of
Brookford to carry out the provisions of this Article, along with any casements
necessary for general access to the stormwater control structure shall be prepared
consistent with Section 146(A and B) and recorded in the office of the Register of
Deeds of Catawba County. The area in which this easement is granted shall
include the detention pond, vegetative filters, all pipes and water control
structures, berms, dikes, etc., and sufficient area to perform inspections,
maintenance, repairs and reconstruction.
(E) Qualifying areas of the stormwater control structure may be considered pervious
when computing total built -upon area. However, if the structure is used to
compute the percentage built -upon area for one site, it shall not be used to
compute the built -upon area for any other site or area.
Section 143.4 Posting; of Financial Security Required.
(A) All new stormwater control structures shall be conditioned on the posting of
adequate financial assurance for the purpose of maintenance, reconstruction, or
repairs necessary for adequate performance of the stormwater control structures.
(B) Financial assurance shall be in the form of the following:
(1) Security Performance Bond or other security. The permit applicant shall
obtain either a performance bond from a surety bonding company
authorized to do business in North Carolina, an irrevocable letter of credit
or other instrument readily convertible into cash at face value payable to
the Town of Brookford or placed in escrow with a financial institution
designated as an official depository of the Town of Brookford. The bond
or other instrument shall be in an amount equal to 1.25 times the total cost
of the stormwater control structure, as estimated by the applicant and
approved by the Town. The total cost of the stormwater control structure
shall include the value of all materials such as piping and other structures;
seeding and soil stabilization; design and engineering;; and, grading,
excavation, C11, etc. The costs shall not be prorated as part of a larger
project, but rather under the assumption of an independent mobilization.
(2) Cash or Equivalent Security Deposited After the Release of the
Performance Bond. Consistent with Section 146(C)(1), the permit
applicant shall deposit with the Town of Brookford either cash or other
instrument approved by the Town Attorney that is readily convertible into
9

cash at face value. The cash or security shall be in an amount equal to
• fifteen percent (15%) of the total cost of the stormwater control structure
or the estimated cost of maintaining the stormwater control structure over
a ten (10) year period, whichever is greater. The estimated cost of
maintaining the stormwater control structure shall be consistent with the
approved operation and maintenance plan or manual provided by the
developer under Section 144(A).
(C) Consistent with Section 141(G), the permit applicant shall enter into a binding
Operation and Maintenance Agreement between the Town of Brookford and all
interests in the development. Said Agreement shall require the owning entity to
maintain, repair and, if necessary, reconstruct the stormwater control structure in
accordance with the operation and management plan or manual provided by the
developer. The Operation and Maintenance Agreement shall be filed with the
C_'ounty Register of Deeds by the Watershed Administratnr,
(D) Default under the performance bond or other security. Upon default of the permit
applicant to complete and/or maintain the stormwater control structure as
specifically provided in the performance bond or other security, the Town of
Brookford may obtain and use all or any portion of the funds necessary to
complete the improvements based on an engineering estimate. The Town of
Brookford shall return any funds not spent in completing the improvements to the
owning entity.
S(E) Default under the cash security. Upon default of the owning entity to maintain,
repair and, if necessary, reconstruct the stormwater control structure in
accordance w1L11 411C: VL1'ICttlVII allu 1VIt1111LCIld1lee llgreerllCnL, LI1C Town of
Brookford shall obtain and use all or any portion of the cash security to make
necessary improvements based on an engineering estimate. Such expenditure of
funds shall only be made after exhausting all other reasonable remedies seeking
the owning entity to comply with the terms and conditions of the Operation and
Maintenance Agreement. The Town of Brookford shall not return any of the
deposited cash funds.
Section 144.0 Maintenance and Upkeep.
(A) An operation and maintenance plan or manual shall be provided by the developer
for each stormwater control structure, indicating what operation and maintenance
actions are needed, what specific quantitative criteria will be used for determining
when those actions are to be taken and, consistent with the Operation and
Maintenance Agreement, who is responsible for those actions. The plan shall
clearly indicate the steps that will be taken for restoring a stormwater control
structure to design specifications if a failure occurs.
40 10

(B) Landscaping and grounds management shall be the responsibility of the owning
• entity. However, vegetation shall not be established or allowed to mature to the
extent that the integrity of the control structure is diminished or threatened, or to
the extent of interfering with any easement to the stormwater control structure.
(C) Except for general landscaping and grounds management, the owning entity shall
notify the Watershed Administrator prior to any repair or reconstruction of the
stormwater control structure. All improvements shall be made consistent with the
approved plans and specifications of the stormwater control structure and the
operation and maintenance plan or manual. After notification by the owning
entity, the Town Enaineer shall inspect the completed improvements and shall
inform the owning entity of any required additions, changes or modifications and
of the time period to complete said improvements.
(D) Amendments to the plans and specifications of the stormwater control structure
and/or the operation and maintenance plan or manual shall be approved by the
Town Council. Proposed changes shall be prepared by a North Carolina
registered professional engineer and submitted to and reviewed by the Watershed
Administrator prior to consideration by the Town Council.
(1) If the Town Council approve the proposed changes, the owning entity of
the stormwater control structure shall file sealed copies of the revisions
with the Office of the Watershed Administrator.
• (2) Ifthe Town Council disapprove the changes, the proposal may be revised
and resubmitted to the Town Council as a new proposal. If the proposal
has not been revised and is essentially the same as that already reviewed, it
shall be returned to the applicant.
(E) If the Town Council finds that the operation and maintenance plan or manual is
inadequate for any reason, the Board shall notify the owning entity of any
required changes and shall prepare and file copies of the revised agreement with
the County Register of Deeds, the Office of the Watershed Administrator and the
owning entity.
Section 145.0 Application and Inspection Fees.
(A) Processing and inspection fees shall be submitted in the form of a check or money
order made payable to the Town of Brookford. Applications shall be returned if
not accompanied by the required fee.
(B) A permit and inspection fee schedule, as approved by the Town of Brookford,
shall be posted in the Office of the Watershed Administrator.
0

(C) Inspection fees shall be valid for sixty (60) days. An inspection fee shall be
required when improvements are made to the stormwater control structure
consistent with Section 144(C), except in the case when a similar fee has been
paid within the last sixty (60) days. t,
Section 146.0 Inspections and Release of the Performance Bond.
(A) The stormwater control structure shall be inspected by the Town, after the owning
entity notifies the Watershed Administrator that all work has been completed. At
this inspection, the owning entity shall provide:
(1) The survey plat showing the stormwater control structure and related
easement(s), and the signed easement(s) ready for filing with the Catawba
County Register of Deeds;
(2) A certification sealed by an engineer or landscape architect (to the extent
that General Statutes allow) stating that the stormwater control structure is
complete and consistent with the approved plans and specifications.
(B) The Watershed Administrator shall present the materials submitted by the
developer and the inspection report and recommendations to the Brookford Town
Council at its next regularly scheduled meeting.
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O certification and deed of easement, the Town shall file the easement with
the Catawba County Register of Deeds, release up to seventy-five percent
(75%) of the value of the performance bond or other security and direct
the Catawba County Buildings Inspections Department to issue a
Certificate of Occupancy for the stormwater control structure.
(2) If deficiencies are found, the Town shall direct that improvements and
inspections be made and documents corrected and submitted to the Town.
(C) No sooner than one year after date of filing of the deed of easement, and
maintenance agreement, the developer may petition the Town to release the
remaining value of the performance bond or other security. Upon receipt of said
petition, the Town shall inspect the stormwater control structure to determine
whether the controls are performing as designed and intended. The Watershed
Administrator shall present the petition and findings to the Town Council.
(1) if the Town Council approve the report and accepts the petition, the
developer shall deposit with the Town of Brookford a cash amount equal
to that described in Section 143(B)(2), after which the Town Council shall
release the performance bond or other security.
(2) If the Town Council does not accept the report and rejects the petition, the
Town shall provide the developer with instructions to correct any
0 I2

deficiencies and all steps necessary for the release of the performance
bond or other security.
(D) A Certificate of Occupancy from the Catawba County Buildings Inspections
Department shall not be issued for any building within the permitted development
until the Board of Commissioners has approved the stormwater control structure,
as provided in Section 146(B).
(E) All stormwater control structures shall be inspected at least on an annual basis to
determine whether the controls are performing as designed and intended. Records
of inspection shall be maintained on forms approved or supplied by the North
Carolina Division of Environmental Management. Annual inspections shall begin
within one year of filing date of the deed for the stormwater control structure.
(h) In the event the Watershed Administrator discovers the need for corrective action
or improvements, the Watershed Administrator shall notify the owning entity of
the needed improvements and the date by which the corrective action is to be
completed. All improvements shall be made consistent with the plans and
specifications of the stormwater control structure and the operation and
maintenance plan or manual. After notification by the owning; entity, the Town
shall inspect and approve the completed improvements.
(A) If any subdivision, development and/or land use is found to be in violation of this
Article, the Town may, in addition to all other remedies available either in law or
in equity, institute a civil penalty in the amount of $50, institute actions or
proceedings to restrain, correct, or abate the violations; to prevent occupancy of
the building, structure, or land; or to prevent any illegal act, conduct, business, or
use in or about the premises. In addition, the N.C. Environmental Management
Commission may assess civii penalties in accordance with G.S. 143 - 215.6(a).
Each day the violation continues shall constitute a separate offense.
(B) If the Watershed Administrator finds that any of the provisions of this Ordinance
are being violated, he shall notify in writing the person responsible for such
violation, indicating the nature of the violation, and ordering the action necessary
to correct it. He shall order discontinuance of the illegal use of land, buildings or
structures; removal of illegal buildings or structures, or of additions, alterations or
structural changes thereto; discontinuance of any illegal work being done; or shall
take any action authorized by this Ordinance to ensure compliance with or to
prevent violation of its provisions. If a ruling of the Watershed Administrator is
questioned, the aggrieved party or parties may appeal such ruling to the Board of
Adjustment.
9 13

Section 148.0 Sanctions.
In addition to the remedies described in Section 147 of this Ordinance and consistent with G.S.
160A-175, the Brookford Town Council may seek enforcement of this Ordinance by assessing a
civil penalty to be recovered by the Town in a civil action in the nature of debt if the offender
does not pay the penalty in a prescribed period of time after being cited for violation of the
Ordinance. Such violation may be enforced by an appropriate equitable remedy issuing from a
court of competent jurisdiction. The court may issue an injunction and order of abatement
commanding the defendant to correct the unlawful condition upon or cease the unlawful use of
the property. The action shall be governed in all respects by the laws and rules governing civil
proceedings, including the rules of Civil Procedure in general and Rule 65 in particular. if the
defendant fails or refuses to comply with an injunction or with an order of abatement within the
time allowed by the court, the defendant may be cited for contempt and the Town may execute
the order of abatement. The Town shall have a lien on the property for the cost of executing an
order of abatement in the_ natlwrw of a mep.hanir'g anri materialtnan'c lir.,n TI
ne AfAoneaan�
f'v la 4 111u,'
secure cancellation of an order of abatement by paying all costs of the proceedings and posting a
bond for compliance with the order. The bond shall be given with sureties approved by the Clerk
of Superior Court in an amount approved by the judge before whom the matter is heard and shall
be evndaiv.ned oil the d L■ iidant's uii eo mpiiance with t11e t41i1[3 of thl Vrder of [I b[lte it lent
within a time fixed by the judge. Cancellation of an order of abatement shall not suspend or
cancel an injunction issued in conjunction therewith. Enforcement of this Ordinance may be by
any one, all or a combination of the remedies authorized in this Ordinance. Each day's continuing
viVlQLIU11 shall Ve a separate and dlstina ollunse.
• Section 149.0 Criminal Penalties.
Any person violating any provisions of this Article shall be guilty of a misdemeanor and, upon
conviction, shall be punished in accordance with NCGS 14-4. The maximum fine for each
offense shall not exceed five hundred dollars (S500). Each day that the violation continues shall
constitute a separate offense.
ARTICLE XV
LEGAL STATUS PROVISIONS
Section 150.0 Conflict With Other Regulations.
Whenever the regulations of this ordinance require a greater width or size of yards, or other open
space, or require a lower height of buildings, or require a greater percentage of lot to be left
unoccupied, or impose other more restrictive standards than are required in or under any other
statutes, the regulations and requirements of this ordinance shall govern.
Whenever the provisions of any other statute require more restrictive standards than are required
by this ordinance, the provisions of such statute shall govern.
Section 151.0 Repeal of Existing Zoning Ordinance.
Aft
qr 14

All zoning ordinances or parts of same now in effect in the Town of Brookford are hereby
repealed, provided, however, that all suits at law or in equity and/or all prosecutions resulting
from the violation of any zoning ordinance heretofore in effect, which are now pending in any of
the courts of this state or of the United States, shall not be abated or abandoned by reason of the
adoption of this ordinance but shall be prosecuted to their finality the same as if this ordinance
had not been adopted; any and all violations of existing zoning ordinances, prosecutions for
which have not yet been instituted, may be hereafter filed and prosecuted; and nothing in this
ordinance shall be so construed as to abandon, abate, or dismiss any litigation or prosecution
now pending, and/or which may have heretofore been instituted or prosecuted.
Section 152.0 Validity.
Should any Section or provision of this Ordinance be declared by the courts to be
unconstitutional or invalid, such declaration shall not affect the validity of the Ordinance as a
whole or any part thereof, other than the part so declared to be unconstitutional or invalid.
Section 153.0 Enactment.
The Mayor and Council of Brookford, North Carolina, do hereby ordain and enact into law these
Articles and Sections on this day of 11994.
Mayor
Approved As To Form:
Clerk
15

Marshall Eckard
[phone] P.2
\"A 1 (L2-
�7; �� f�.
PREPARED BY: Larry W. Johnson, Staff Attorney, City of Hickory
PO Box 398, Hickory, NC 28603
STATE OF NORTH CAROLINA CONTRACT FOR SALE OF
WATER AND
COUNTY OF CATAWBA SANITARY SEWER SYSTEM
oft-:.
THIS CONTRACT is made and entered into this 1 day of , 2000,
by and between THE CITY OF HICKORY, a North Carolina Municipal Corporation,
having a mailing address of P.O. Box 398, Hickory, North Carolina 28603, acting by
and through the Mayor and the City Council, hereinafter referred to as "Hickory',
THE TOWN OF BROOKFORD, a North Carolina Municipal Corporation, having a
mailinq address of 1700 South Center Street, Hickory, North Carolina 28602, acting
by and through the Mayor and the Town Council, hereinafter referred to as
"Brookford".
WITNESSETH
WHEREAS, Hickory and Brookford have jointly expressed the desire for
Brookford to sell and 'Hickory to purchase the municipal water distribution and
wastewater collection system located in the Town of Brookford (which is collectively
referred to as the "Utility System" herein); and
WHEREAS, In order to accommodate the goals and objectives of the parties,
it is necessary to accomplish the conveyance of certain real and personal property
as well as fixtures and appurtenances to real property associated with the operation
of the Utility System; and
WHEREAS, the parties wish to establish the terms and conditions for such
conveyance and transfer, and enter into an agreement establishing the terms and
conditions for the continued operation of the Utility System and guarantee adequate
service to the residents of the Town of Brookford upon the same terms and
conditions as those enjoyed by the Citizens of the City of Hickory;
NOW, THEREFORE, in consideration of the mutual covenants and
agreements contained herein, the parties agree as follows. -
I. REPRESENTATIONS:
A. The City of Hickory is a Municipal Corporation created as a political
subdivision of the State of North Carolina. Hickory has the requisite
power and authority to enter into this Agreement, and the signatories
hereto have been authorized to execute the documents necessary on
behalf of the City of Hickory by the City Council.
• CONTRACT FOR SALE OF WATER AND SANITARY SEWER SYSTEM
BETWEEN THE CITY OF HICKORY AND THE TOWN OF BROOKFORD
JUNE, 2000
PAGE 1 OF 12

Marshialt Eckard [phone] P.3
B. The Town of Brookford is a Municipal Corporation created as a
political subdivision of the State of North Carolina. Brookford has the
requisite power and authority to enter into this Agreement, and the
signatories hereto have been authorized to execute the documents
necessary on behalf of the Town of Brookford by the Town Council
C. There are and will be no liens, notes, bonds, mortgages,
encumbrances, or other entitlement to the revenues of the Utility
System which would constitute a cloud upon the title to the same.
Entry into this Agreement by either party will not violate any law,
judgment, order, ruling or regulation applicable and does not constitute
a breach of or default under any agreement or Instrument by which
either of the municipalities are bound.
D. To Brookford's knowledge, there are no claims, suits, actions pending
mr hirlrnmank enterari which if curraccfiil, would creata an
encumbrance upon the revenues of the Utility System which would
have a priority over Hickory's entitlement to the revenues of the
System pursuant to this Agreement or which otherwise would have a
material adverse effect on the ability of either Brookford or Hickory to
perform their obligations hereunder.
E. The Town of Brookford has or holds, and will continue to have or hold
through the date of transfer and closing, all appropriate Permits
necessary to effectuate its responsibilities under this Agreement.
0 11. PURCHASE PRICE
A. Brookford does hereby grant, bargain, sell and convey to Hickory the
Purchase Assets described herein in exchange for payment of the
total purchase price of Nine Hundred Eighty -Five Thousand, Seven
Hundred Thirty -Six and No/100 Dollars ($985,736.00), the same being
the value of the system as established in the February, 2000, report
from West and Associates, P,A., on behalf of the Town of Brookford.
B. The purchase price shall be paid in Four (4) installments of
$98,573.60, the first payment to be made concurrently with closing of
this transaction, the next three (3) being made in a like amount
annually, and a final balloon payment of Five -hundred Ninety-one
thousand, Four -hundred forty one and 60/100 dollars ($591,441.60)
being the remaining balance due on or before May 31, 2004, or not
later than fifty-nine (59) months after entry into this agreement,
whichever shall come first.
C. Brookford shall retain a purchase money security interest equal to the
unpaid balance due on the system until Hickory has pall for the
CONTRACT FOR SALE OF WATER AND SANITARY SEWER SYSTEM
BETWEEN THE CITY OF HICKORY AND THE TOWN OF BROOKFORD
JUNE, 2000
• PAGE 2 OF 12

Marshall Eckard
(8291 294-3993 p.4
130ok No,-. & page Na.
system in full. Hickory may pre -pay the balance due and owing at any
time without penalty.
D. No interest shall be paid by Hickory to Brookford on the transaction.
Ili. OBLIGATIONS OF BROOKFORD:
A. Brookford shall and does by this document grant, bargain, sell and
convey to Hickory:
1. The entire waterworks distribution and sanitary sewer collection
system located or owned by the Town of Brookford, Catawba
County, North Carolina, which system Includes but is not
limited to certain lands, easements, rights -of -way, franchises,
permits, water diversion grants, wells, equipment and
appurtenances used or useful in connection therewith,
bulldings, standpipes, reservoirs, flumes, sluices, canals,
basins, cribs, machinery, distribution and transmission mains,
valves and appurtenances, purification machinery appliances,
plants and systems, pumping plants, stations and systems,
storage tanks, booster stations, pumps and pumping
machinery, conduits, pipes and pipelines, service lines, water
plants and systems, dams, tanks, shops, fixtures, engines,
boilers, meters, fire hydrants, treatment plants, pumping
atatinng, gPwE4r riahts; hewer permits; outfall sewer lines,
• interceptor and collection lines, tools and work equipment,
materials and supplies.
2. All technical materials or manuals in the possession or the
care, custody or control of Brookford relating to the
construction, maintenance, customer base shall be maintained
by Brookford in accordance with regulations of the United
States of America and the State of North Carolina regarding the
disposal and destruction of governmental records. During the
period such records are maintained by Brookford, they shall be
made available to Hickory during normal business hours as
needed in the sole discretion of Hickory for the operation of the
Utility System,
3. All licenses, permits, permissions, or other authority necessary
from any governing body, regulatory agency or other entity
necessary for the operation of the Water System.
B. Brookford agrees to provide copies of all easements, rights -of -way,
deeds, or other Incidents of title to Hickory regarding any property
covered by this agreement upon request, and to execute, within thirty
(30) days of receipt of a written request for the same, any document or
CONTRACT FOR SALE OF WATER AND SANITARY SEWER SYSTEM
BETWEEN THE CITY OF HICKORY AND THE TOWN OF BROOKFORD
JUNE, 2000
. PAGE 3 OF 12

Marshall Eckard 1828) 294-3993 p.
Book Now . Pace. 1`40.�
r instrument necessary to convey ownership to Hickory. Hickory shall
thereafter be responsible for recording the instruments, at Hickory's
sole cost and expense, with the appropriate office of Catawba C ouniiy,
North Carolina. Thereafter, Brookford shall have a continuing
obligation to insure that all documents necessary to adequately
convey the property described herein to Hickory are completed and
delivered, regardless of the date of such request. This obligation shall
survive the closing of this transaction. Brookford agrees to warrant
and defend title to the property conveyed pursuant to this Agreement,
and to indemnify Hickory in the event of challenge to or loss of title to
the property.
C. Brookford covenants to continue the operation of the Utility System
between the date of this agreement and the closing date and to
maintain and repair the utility system and make such purchase of
materials and gi,pndies as may be necessary in the regular course of
business; provided, however, that Brookford shell make no capital
improvements to the Water System, or make any retirement or other
dispositions of any equipment of the Water System without the prior
consent of Hickory.
IV. OBLIGATIONS OF HICKORY:
A. The City of Hickory does accept the grant, bargain, sale and
conveyance of the assets described herein, including all real and
personal property of any type or nature whatsoever, EXCEPT, the City
of Hickory reserves the right to reject the conveyance of any such
property at any time in the future if hazardous or toxic waste or
materials (as defined in applicable federal andlor state laws and
regulations) are uncovered by Hickory, it shall not be the obligation of
Hickory to remove and dispose of such hazardous substances.
Hickory shall immediately notify Brookford upon. becoming
aware of the presence of such hazardous or toxic waste or
materials, and shall immediately notify such other
governmental agencies as may be required by law and shall
take such further actions which in its opinion is necessary to
assist Brookford in protecting the health, safety and welfare of
the public.
The parties legally responsible for the disposal, discharge, spill
or leak shall pay all costs for such removal of the offending
materials and anv clean-uD activities associated with such
disposal, discharge, spill or leak.
B. Hickory shall manage, operate, maintain, repair and improve the Utility
System at all times on under the same terms and conditions, and upon
CONTRACT FOR SALE OF WATER AND SANITARY SEWER SYSTEM
BETWEEN THE CITY OF HICKORY AND THE TOWN OF BROOKFORD
JUNE, 2000
. PAGE 4 OF 12

Marshall Eckard [phone] p.g
VQ
an equal footing with the Utility System currently owned and operated
by the City of Hickory, and in compliance with all federal, state and
/anal laws, regulations and Permits. Hickory shall at all times strive to
keep the Utility System in good repair and working order and shall
manage, operate, maintain, repair and improve the System in an
efficient and economical manner in accordance with prudent industry
and utility practice.
C. Subsequent to the date of closing, Hickory shall provide, at its cost
and expense, all labor, materials, machinery, vehicles, equipment,
office equipment, fuel, power, chemicals, supplies, materials, spare
parts, expendables, consumables, testing and laboratory analysis and
all else necessary therefore or incidental to the management,
operation, maintenance, repair and improvement of the System in
accordance with this Agreement and all applicable laws, ordinances
and regulations.
D. Hickory shall as promptly as is reasonable respond to all customer
problems and emergencies relating to the Utility System. All repairs
and/or improvements to the Utility System shall be made by Hickory in
accordance with existing ordinances, policies and procedures relating
to work of this nature within the City of Hickory, regardless of whether
or not the actual location of such repair and/or Improvement shall be
within or without the corporate limits of the City of Hickory.
E. Hickory shall cooperate in good faith with Brookford, its agents,
contractors, and subcontractors and shall work for the orderly
transition of services from the Town of Brookford and/or its contractors
to Hickory without interruption or disruption of services and without
adverse impacts to the users of the System or the Town of Brookford.
V. EMPLOYEES
A. The City of Hickory shall, for the 2000/2001 fiscal year, create one (1)
employee position who shall have, as a primary function of such
employee's position, the responsibility of assisting with and overseeing
the orderly transition and transfer of customer accounts from
Brookford to Hickory.
Any individual currently employed by Brookford may apply for
such position, and shall receive a preference in hiring over
those who are equally qualified and apply for said position.
2. Any employee of Brookford who shall become an employee of
Hickory shall be considered a "new hire" with Hickory, and is
subject to all screening and conditions of employment as other
new employees. This includes a six (6) month probationary
CONTRACT FOR SALE OF WATER AND SANITARY SEWER SYSTEM
BETWEEN THE CITY OF HICKORY AND THE TOWN OF BROOKFORD
JUNE, 2000
PAGE 6 OF 12

Marshall E=ckard [phone] P.7
• period which must be successfully completed in order to
continue employment with Hickory. There is no guarantee of
employment for any specified period of time.
3. Longevity, vacation accrual, sick leave accrual and other time -
sensitive benefits shall be calculated for any such employee
without reoard to time served with Brookford.
4. Accrued vacation leave will be resolved between any such
employee and Brookford prior to the effective date of this
Agreement. Sick leave may, at the option of the employee, be
transferred to the City of Hickory and applied to the benefit of
the employee upon appropriate request. Other benefits,
including but not limited to health insurance coverage, will be
provided in accordance with the Hickory Personnel Ordinance
and policies.
B. The decision as to the need to continue with the position created at the
inception of this agreement beyond the 2000 1 2001 fiscal year, shall
rest solely with Hickory. Nothing in this Agreement shall be construed
to give any individual or individuals a guarantee of continued
employment or employment for any minimum or specified period of
time.
VI. RIGHTS OF BROOKFORD
IS A. The Town of Brookford may, after entry into this Agreement, continue
to apply for and receive grants from any entity for the expansion,
maintenance, or operation of the Utility System conveyed herein. In
the event that such funds are received, upon completion of all
obligations of the grant or award, Brookford shall convey, without cost
or obligation, all buildings, structures, equipment or improvements to
Hickory.
B. Upon acceptance of such conveyance, and provided that the same
does not violate any terms of such grant or award, Hickory may repay
Brookford for the municipality's contribution for receipt of such grant or
award.
C. IVUtfilfig In If115 AgIeC111Cr1t shall be wri uucd a5 preventing ur^vv^kf^vrd
from establishing utility services for the benefit of customers or
residents located within the corporate limits of the Town of Brookford,
as they exist upon entry into this Agreement, at the sole cost and
expense of Brookford.
CONTRACT FOR SALE OF WATER AND SANITARY SEWER SYSTEM
BETWEEN THE CITY OF HICKORY AND THE TOWN OF BROOKFORD
JUNE, 2000
• PAGE 6 OF 12

Marshall Eckard
1828) 294-3993 P.8
0 VII. RIGHTS OF HICKORY
Book No,i�, Page No,
A. Hickory shall be the sole authority in determining and establishing the
connection fees, facility charges and rates to be charged to new or
existing customers of the Utility System after the effective date of this
Agreement.
All such fees shall be established in accordance with the
provisions of North Carolina law and the Hickory City Code. All
such fees and charges shall be billed and collected by and be
the property of Hickory.
2. All customers located within the corporate limits of the Town of
Brookford, as established on the date of this Agreement, shall
be charged the some rates and treated for all purposes as
individuals located within the corporate limits of the City of
Hickory.
B. All authority for decisions regarding the maintenance, expansion,
reduction, or other operations relating to the Utility System shall lie
solely with Hickory.
Vill. EMERGENCY SITUATIONS
A. Hickory shall immediatelv notify Brookford of any activity, problem, or
• circumstance it should reasonable become aware of which threatens
the safety, health or welfare of the users of the Utility System or the
residents of Brookford.
B. In the event of damage or destruction of the potable water facilities or
any emergency which, In the reasonable judgment of Hickory, is likely
to result in material loss or damage to the Water System or constitute
a material threat to human health or safety, Hickory may suspend
operation of the System.
C. Hickory's response to emergencies and unusual circumstances shall
be in accordance with applicable policies, regulations and
requirements and with such personnel and equipment as necessary to
iL_ _I i I4!1!L_ Say
._a___ _1_.
maintain or restore the operations of the uuuty Says ern In a tiriiCry
manner with the least possible disruption or inconvenience to the
users of the Utility System.
IX. MISCELLANEOUS PROVISIONS
A. To the extent allowed by law, Hickory shall indemnify, defend and hold
harmless Brookford, its elected and appointed officers, and its duly
authorized agents, servants and employees from any and all costs,
CONTRACT FOR SALE OF WATER AND SANITARY SEWER SYSTEM
BETWEEN THE CITY OF HICKORY AND THE TOWN OF BROOKFORD
JUNE, 2000
• PAGE 7OF12

Marshall Eckard 18291 294-3993 P.9
floolc ivo.A-\
_, page No. `J
• expenses or liabilities (including costs, expenses or liabilities to third
parties and attorney's fees) which are caused by or arise from
Hickory's breach of this Agreement or the negligent or willful acts or
omissions of Hickory or its agents, servants, employees or
subcontractors provided such cost, expenses or liabilities do not arise
as a result of the negligent or willful acts or omissions of Brookford.
B. To the extent allowed by law, Brookford shall indemnify, defend and
hold harmless Hickory, its elected and appointed officers, and its duly
authorized agents, servants and employees from any and all costs,
expenses or liabilities (including costs, expenses or liabilibes to third
parties and attorney's fees) which are caused by or arise from
Brookford's breach of this Agreement or the negligent or willful acts or
omissions of Brookford or its agents, servants, employees or
subcontractors provided such cost, expenses or liabilities do not arise
as a result of tha nanlioant nr wiliftil arts nr nmisainns of Hirknrv.
C. All notices given pursuant to the terms of this Agreement shall be in
writing and delivered in person or transmitted by certified mail, return
receipt requested, postage prepaid, to the following entities:
Hickory: Hickory City Clerk
F.O. Box 398
Hickory, North Carolina 28603
Brookford: Brookford Town Clerk
1700 South Center Street
Hickory, North Carolina 28602
D. This Agreement, and any exhibits attached hereto, embody the entire
agreement between the parties in connection with this transaction and
there are no oral or parole agreements, representations or
inducements existing between the parties relating to this transaction
which are not expressly set forth herein and covered hereby; this
Agreement may not be modified except by a written agreement signed
by all of the parties.
E. Nothing contained herein shall be construed to place the parties in the
relationship of partners or joint venturers and neither party shall have
the power to obligate or bind the other party in any manner
whatsoever.
l=. This Agreement shall run with the land and shall be binding upon and
inure to the benefit of the parties hereto, their respective heirs, legal
representatives, administrators, successors, successors in interest
and assigns. Hickory may assign or transfer this Agreement to any
CONTRACT FOR BALE OF WATER AND SANITARY SEWER SYSTEM
BETWEEN THE CITY OF HICKORY AND THE TOWN of BROOKFORD
JUNE, 2000
PAGE 8 OF 12
v

Marshall Eckard 18281 294-3993 p.10
1-1 L
I
No.�
entity. Upon such assignment or transfer, assignee or transferee shall
expressly assume all of Hickory's rights, duties, obligations and
liab:I:o:. s hereunder
and
Lfick ry -1.-IIu _1�IUOUb
Iltl Uillllt3b IIlGUFIUCI CIIU r71ti11Vljl Slldll UC rClIVGU VI QII IIC,�III�, ULJ ll�S,
obligations and liabilities.
G. No written waiver by any party at any time of any breach of any other
provision of this Agreement shall be deemed a waiver of a beach of
any provision herein or a consent to any subsequent breach of the
same or any other provisions, If any action by any party shall require
the consent or approval of another party, such consent or approval of
such action on any occasion shall not be deemed a consent to or
approval of such action on any subsequent occasion or a consent to or
approval of any other action on the same or any subsequent occasion.
H. The various rights, powers and remedies herein contained and
reserved to either Hickory or Brookford shall not be considered as
exclusive of any other right, power or remedy, but the same shall be
construed as cumulative and shall be in addition to every other right,
power or remedy now or hereafter existing at law, in equity or by
statute. No delay or omisslon of a parry to exercise any right, power or
remedy arising from any omission, neglect or default of the other parry
shall impair any such right, power or remedy or shall be construed as
a waiver of any such default or and acquiescence therein.
F I. The captions, section numbers and article numbers appearing in this
. Agreement are Inserted only as a matter of convenience and do not
define, limit, construe or describe the scope of such paragraphs or
articles of this Agreement nor in any way affect this Agreement.
This Agreement shall be governed by and interpreted In accordance
with the laws of the State of North Carolina.
K. Time shall be of the essence of this Agreement and each and every
term and condition thereof.
L. Words of any gender used in this Lease shall be held to include any
other gender, and words in the singular number shall be held to
include the plural, when the sense requires.
W This Agreement may be executed in any number of counterparts, each .
of which when so executed and delivered shall be deemed an orlginal,
and it shall not be necessary in making proof of this Agreement to
produce or account for more than one such fully -executed counterpart
N. Both Hickory and Brookford acknowledge and stipulate that this
Agreement is the product of mutual negotiation and bargaining and
that it has been drafted by Counsel for both Hickory and Brookford.
CONTRACT FOR SALE OF WATER AND SANITARY SEWER SYSTEM
BETWEEN THE CITY OF HICKORY AND THE TOWN OF 13ROOKFORD
JUKE, 2000
• PAGE 9 OF 12

Marshall Eckard
[phone] p.11
Book No. Page No..___�___
As such, the doctrine of construction against the drafter shall have no
annfiratinn fn thic Ammp.mAnt
-rr- 'a•
O. At the election of either party, a memorandum of this agreement shall
be executed by both parties and recorded with the recorder of deeds
in the County where the property and assets which are the subject of
this Agreement are located.
P. If any provision under this Agreement or its application to any person
or circumstance is held invalid by any court of competent jurisdiction,
such invalidity does not affect any other provision of this Agreement or
its application that can be given effect without the invalid provision or
application.
In Witness Whereof, the parties have executed this Agreement and
authorized or accepted conveyance of the real and personal property described
herein,'as appropriate, the day and year above first written.
CITY OF HICKORY,
R .�� •`''. `� a North Carolina Municipal C=oration
BY: .
William McDonald, ill, Mayor
B. Gary McGee, City Manager
This document has been pre -audited in the manner required by the Local
Government Budget and Fiscal Control Act.
Timothy T. In h, Finance Director
City of Hickory
as or i on boalf of the City of Hickory this _� day of June, 2000.
® Larry John bn, Staff Attorney
CONTRACT FOR SALE OF WATER AND SANITARY SEWER SYSTEM
BETWEEN THE CITY OF HICKORY AND THE TOWN OF BROOKFORD
.TUNE, 2000
PAGE 10 OF 12

Marshall Eckard (8281 294-3993 p.12
Book No,,,`� .Page No,
TOWN OF BROOKFORD,
... n nviui vavniia mufu4iNai vvi}rva4ruu
By:
- - wither, C. Hefner, MA o
ATT EST: (SEAL)
Marshall J. Ecka Town Clerk
This document has been pre -audited in the manner required by the Local
Government Budget and Fiscal Control Act.
Finance Director
Town of Brookford
Approved as to form on behalf of the Town of Brookford this _ day of Le,
2000.
CiA��
STA E OF NORTH CAROLINA
COU TY OF CATAWBA
I. a a Notary Public of said county and state, certify that B. Gary
McGee personalty came before me this day and acknowledged that he is City
Manager of the City of Hickory, a North Carolina municipal corporation, and that by
authority duly given and as the act of the City Council of the City of Hickory, the
foregoing instrument was signed in its name and by its Mayor, sealed with its
corporate seal and attested by him as its City Manager.
Witness my hand and seal this _.14'5 day of cu"'t .2000.
' OA B. AJy0�,,, Q �.
'����� A R•' • F� Notary Public
I, 68"$!ai xpires:
ter•,',/' ` f i L� k'A '
J�rllJii7N lll�liil• `'•
CONTRACT FOR SALE OF WATER AND SANITARY SEWER SYSTEM
BETWEEN THE CITY OF HICKORY AND THE TOWN OF BROOKFORD
JUNE, 2000
PAGE 11 OF 12

Marshall Eckard
18281 294--3993 p. 13
STATE OF NORTH CAROLINA
COUNTY OF CATAWBA
'0 1�
gook No, Page No.�„
I, l,4,d- L ,4ki a Notary Public of said county and state, certify that Marshall
J. Eckard personally came before me this day and acknowledged that he is Town
Clerk of the Town of Brookford, a North Carolina municipal corporation, and that by
authority duly given and as the act of the City Council of the City of Hickory, the
foregoing instrument was signed in its name and by its Mayor, sealed with its
corporate seal and attested by him as its Town Clerk_
vvitness my hand and seal this �_ day OT �� r 2000
No Public
(SEAL)
My Commission Expires:
Notary Pubic, North Carolina
Oounty of Catawba
Jane F. Tarter
CONTRACT FOR SALE OF WATER AND SANITARY SEWER SYSTEM
BETWEEN THE CITY OF HICKORY AND THE TOWN OF BROOKFORD
JUNE, 2000
PAGE 12 OF 12

0
•
is
TOWN OF BROOKFORD
Section
1.0
Purpose
2.0
Definitions
3.0
Discharge Prohibitions
4.0
Accidental Discharge
5.0
Notice of Violation
6.0
Appeal Process
7.0
Civil Penalties
8.0
Severability
1.0 PURPOSE
The purpose of this Chapter is to prevent pollutants from entering into the Storm Water System of the
Town of Brookford. The provisions of this article are supplemental to regulations administered by the
state or federal governments.
(A) Committee: The Town of Brookford Zoning Board of Adjustment as established by the
Brookford Town Council.
(B) EPA: The United States Environmental Protection Agency or other duly authorized
official of said agency.
(C) Illicit connection: Any physical connection, actual or potential flow discharge, or other
condition which could permit non -storm water to enter the stormwater system.
(D) Improper disposal: The releasing of matter or fluids other than atmospheric precipitation
at the location where the matter or fluid can enter the storm water system.
(E) Non -storm water: Any flow which is not from a form of natural precipitation or includes
matter other than water in an uncombined form.
(F) NPDES Permit: National Pollution Discharge Elimination System Permit issued
pursuant to the Federal Clean Water Act, 33U.S.C. 1251 et seq.
(G) Person: Any individual, partnership, firm, association, company, trust, estate,
corporation, commission, institution, utility, government entity, or other legal entity, or
their L-anl rPnracPntn6upc noonte nr ne6(Ynr,ac
(H) Pollutant: A man -induced substance which alters the chemical, physical, biological,
thermal, and/or radiological integrity of water.
(1) Receiving System: The body of water, stream, or watercourse receiving the discharge
waters from the storm water system, or formed by the water discharged from the storm
water system.

(J) State: The State of North Carolina, North Carolina Department of Environment and
Natural Resources Division of Environmental Management, or any duly authorized
representative thereof.
(K) Storm Water: Any flow occurring during or following any form of natural precipitation
and resulting therefrom.
(L) Storm Water System: The network of inlets, pipes, ditches, swales, ponds, and other
natural or manmade facilities and appurtenances which serve to collect and convey storm
water through and from a given drainage area.
3.0 DISCHARGE PROHIBITIONS
(A) No persons shall discharge, cause to be discharged, directly or indirectly, or cause any
pollutant to enter into the storm drain system unless permitted by a NPDES Permit.
(B) No person shall discharge, cause to be discharged through pipelines, ditches, and
overland flow carrying non -storm water into the storm water system except incidental
non -storm water flow which does not negatively impact the quality of Receiving Stream,
or as permitted by a NPDES Permit. Prohibited discharges include, but are not limited to,
wastewater lines such as those from washing machines or sanitary sewers, commercial
wash water form cleaning vehicles or equipment, flushing water such as that from
industrial operations, floor drains, overflowing septic system, and misuse of fertilizers,
pesticides, and herbicides.
• (C) No person shall dispose or cause to be disposed solids and fluids which may be harmful
to biological life in or near the storm water system, or at a location exposed to wind or
rain which could transport the substances to the storm water system. Prohibited
substances include, but are not limited to, oil, grease, household industrial chemical
waste, leaves, grass clippings, dead plants, animal matter, and animal waste.
4.0 ACCIDENTAL DISCHARGE
In the case of an accidental discharge, the responsible party shall immediately begin to collect and remove
the discharge and restore all affected areas to their original condition. The responsible party shall
immediately notify the Town of the accidental discharge, including the location of the discharge, type of
pollutant, volume, or quantity, time of discharge, and corrective actions taken. Notification shall not be a
defense, however, to any civil liability that may arise out of the discharge.
5.0 NOTICE OF VIOLATION
When the Town Ch-rk nr hk allthnri-zed rPnrPCentntiv.- finds that a di.C.rhnrap nr J;cnno�T •,latry
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provisions of this Chapter, the Clerk or authorized representative may issue a Notice of Violation and
direct the responsible part to:
(A) Comply immediately;
(B) Comply in accordance with a schedule set for in the Notice; or
(C) Take appropriate remedial or preventative action in the event of a continuing or
is threatening violation.

6.0 APPEAL PROCESS
• (A) Any person who desires to appeal a demand for payment of the civil penalty shall have
thirty (30) days from said demand of payment to appeal in writing to the Committee. The
Committee shall then grant an appeal hearing within thirty (30) days after receipt of
Notice of Appeal of Penalty in writing. The Committee shall notify the appellant at least
ten (10) days prior to the date of the hearing as to the time and place.
(B) Thereafter the appellant shall have thirty (30) days to comply with the final decision of
the Committee.
7.0 CIVIL PENALTIES
(A) A violation of the provision of this article shall be subject to a civil penalty of up to one
thousand dollars ($1,000) per day for the first offense. Each subsequent violation is
subject to incrementally increasing penalties of up to an additional one thousand dollars
($1,000) such that a second violation is subject to a penalty of up to two thousand dollars
($2,000) per day; a third violation is subject to a penalty of up to three thousand dollars
($3,000) per day; and the maximum penalty may not exceed twenty-five thousand dollars
($25,000) per day per violation.
(B) Additional civil penalties shall be added to the violation penalties to be assessed based on
restoration costs, which include, but are not limited to clean-up costs, devaluation of the
property, value of animal and plant life damage, and the Towns administrative costs.
• (C) A violation of this Chapter shall not constitute a misdemeanor or infraction punishable
under the criminal laws of North Carolina.
8.0 SEVERABILPFY
Any section or sections of this article which are held to be invalid or unenforceable shall not effect the
enforceability of all other sections herein.
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