BUNCOMBE_COMPLETE FILE - HISTORICAL_20080722

'STORMWATER DIVISION CODING SHEET
Municipalities NOT MS4
PERMIT NO.
NCSOOOO_
DOC TYPE
❑ COMPLETE FILE - HISTORICAL
MOST RECENT
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July 22, 2008
Mr. Kevin C. Martin, Member
Environmental Management Commission
176 Juniper Trail
Franklinton, North Carolina 27525
Dear Mr. Martin:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleco 11. Sullins, Director
Division of Water Quality
You have requested a written clarification of the Division of Water Quality (DWQ) policy, based on
General Assembly S.L. 2006-246, the State's Phase II Stormwater Management law, and Environmental
Management Commission (EMC) rules, of the built upon area 30 foot setback from perennial and
intermittent streams, as required in the Phase II state stormwater rules.
S.L. 2006-246, Section 9 (d) states that:
"Permittees, delegated programs, and regulated entities must require built -upon areas to be located at
least 30 feet landward of all perennial and intermittent surface waters. A surface water shall be deemed
present if the feature is shown on either the most recent version of the soil survey map prepared by the
Natural Resources Conservation Service of the United States Department of Agriculture or the most
recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United
States Geologic Survey (USGS). Relief from this requirement may be allowed when surface waters are
not present in accordance with the provisions of 15A NCAC 02B .0233(3)(a). In addition, an exception
to this requirement may be pursued in accordance with subsection (a) of Section 11 of this act."
The intent of this 30 foot setback provision, which is grounded in the original Neuse River Basin Rules
(see 15A NCAC 02B .0233(3)(a)), is that the EMC and DWQ will not require the 30 foot setback for
any additional surface waters, streams, etc. found on a given site, if they are not shown on the above -
mentioned two map sources. However, any local government, in developing required Phase II post -
construction ordinances, may adopt surface waters setback standards or stream identification standards
more stringent than the State's requirements.
Additionally, a proposed development site plan must still be in compliance with any other applicable
federal, state, or local law, rule, standard, ordinance, order, judgment, or decree (e.g., 401, 404, water
quality standards).
Sincerely,
Bradley Bennett
Environmental Engineering Supervisor
Stormwater Permitting Unit
Wetlands and Stormwater Branch
N�"hCarnii'na
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.new itcruuaiity.org Location: 312 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110 % Post Consumer Paper

Buncombe County Government
Planning and Developinent Jon E. Creighton
46 Valley Street Assistant County Manager/Planning
Asheville, NC 28801 Director
Telephone [phone]
Fur [phone]
March 24, 2008
William I -I. Diuguid, AECP n � j�(r?�Q�! RED
Wetlands and Stormwater Branch Divisio
1617 Mail Service Center
Raleigh North Carolina 27699-1 G 17 [MAR 3 1 2008
Subject: Documents Re nested oundENR - warERoerBr
.l q Wetlands & 5tonnvva#er Branch
Bill,
I have enclosed four documents which were requested by your office in response to
13uncombe County seeking state delegation for its Post Construction Stormwater
Ordinance. Enclosed you will find three Memorandums of Understanding requesting
Buncombe County to enforce its NPDES Phase II compliant Post Construction
Stormwater Ordinance within their jurisdictions including extra territorial jurisdiction.
The government entitles are Town of WeaverviI1c, Town of Montreat and Town of
1311tmore Forest. Also enclosed is Buncombe County Resolution #08-02-01. This
resolution directs county staff to seek state delegation for its post construction stormwater
ordinance.
Efforts have been underway and ongoing to make state recommended changes to the
county ordinance. 1 anticipate these changes to be completed within the next sixty to
ninety days.
Should you have comments or gLICS(Ions regarding this matter Feel free to contact me.
Sincerely,
IRA *P?91At—
Mike Goodson, PE, CPESC
Storiwater Administrator
Encl
Stormwater Management 250-4848

RESOLUTION #08-02-01
RESOLUTION REQUESTING DELEGATION FROM THE DIVISION OF WATER
QUALITY FOR AUTHORITY TO ADMINISTER AND ENFORCE PHASE 11
STANDARDS
WHEREAS, on September 27, 2006 the County adopted an ordinance regulating
stowmwater runoff and same is codified in Chapter 26, Environment,
Article VII: Stormwater Management, Code of Ordinance of Buncombe
County, North Carolina, commonly referred to as the Stormwater
Ordinance;
WHEREAS, said Stormwater Ordinance was passed pursuant to the provisions of
NCGS Chapter 153A, Article 6, Delegation and Exercise of the General
Police Power;
WHEREAS, the Division of Water Quality of the North Carolina Department of
Environment and Natural Resources has reviewed the Stormwater
Ordinance and has indicated that it meets the requirements of the Phase 11
stormwater program, contingent upon confirmation from the County to the
Division that suggested changes to the County ordinance are
implemented;
WHEREAS, Buncombe County must request that the Division delegate authority to
administer and enforce Phase 11 post -construction stormwater control
standards for new development and redevelopment in the unincorporated
areas of the County, including long term maintenance inspection duties;
WHEREAS, Buncombe County must also request that the Division extend delegation
of authority to administer and enforce post -construction standards to non -
Phase II incorporated areas, as they adopt the County's stormwater
management ordinance; and
WHEREAS, this Board is of the opinion that it is in the best interests of the citizens and
residents of the County that it seek such delegation from the Division.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners for the County
of Buncombe as follows:
1. That Buncombe County hereby requests that the Division of Water Quality
of the North Carolina Department of .Environment and Natural Resources
delegate to Buncombe County the authority to administer and enforce
Phase II post -construction stormwater control standards for new
development and redevelopment in the unincorporated areas of the
County, including long term maintenance inspection duties.

f. -
2. That Buncombe County hereby requests that the Division of Water Quality
of the North Carolina Department of Environment and Natural Resources
also delegate to Buncombe County the authority to administer and enforce
post -construction standards to non -Phase II incorporated areas, as they
adopt the County's stormwater management ordinance.
3. That this resolution shall be effective upon its adoption.
This the 5th day of February, 2008.
ATTEST
KATHY HUGHES, CLERK
APPROVED AS TO FORM
COUNTY ATTORNEY
BOARD OF COMMISSIONERS FOR THE
COUNTY OF BUNCOMBE
NATHAN RAMSEY, CHAIRMAN.
0

MEMORANDUM OF UNDERSTANDING
between
BUNCOMBE COUNTY
and
TOWN OF WEAVERVILLE
This Memorandum of Understanding, made and entered into this day of July, 2007,
by and between the Buncombe County, a body politic and corporate of the State of North
Carolina (hereinafter sometimes "County"), and the Town of Weaverville, a municipal
corporation of the State of North Carolina(hereinafter sometimes "Weaverville");
WITNESSETH:
WHEREAS, on September 27, 2006 the County adopted an ordinance regulating
stowmwater runoff and same is codified in Chapter 26, Environment, Article VH, Stormwater
Management, Code of Ordinance of Buncombe County, North Carolina, commonly referred to
as the Stormwater Ordinance;
WHEREAS, said Stormwater Ordinance was passed pursuant to the provisions of NCGS
Chapter 153A, Article 6, Delegation and Exercise of the General Police Power; and
WHEREAS, on May 21, 2007 the Weaverville Town Council voted to request that the
Stormwater Ordinance be applied and enforced by the County within the municipal boundaries
of Weaverville in accordance with NCGS § 153A-122;
NOW, THEREFORE, the parties hereby enter into this Memorandum of Understanding
setting out their agreement with regard to the enforcement of the Stormwater Ordinance within
the Town of Weaverville as follows:
1. County has and will continue to regulate and enforce the provisions of the Stormwater
Ordinance through the Stormwater Management Office of the Buncombe County Planning
Department;

d.-
2. County shall provide adequate staff to administer and enforce the ordinance within its
jurisdiction including Weaverville for the term of this agreement;
3. County will charge and retain a fee of $400 per acre of disturbed area, or each fraction
of an acre, on all properties within its jurisdiction including Weaverville that are subject to the
terms and conditions of the Stormwater Ordinance; this fee will be paid by the Applicant as
defined in the Stormwater Ordinance, and Weaverville understands and agrees that the County
may from time to time increase its fees for the management of this ordinance as same might
reasonably be necessary from time to time;
4. This agreement shall become effective upon execution by the parties and shall remain
i
in force and effect until June 30, 2012, and shall automatically renew for additional successive
five (5) year terms thereafter, unless either party gives the other party at least 180 days prior
written notice of intent to terminate;
5. Neither party shall assign or transfer, or permit the assignment or transfer of, this
agreement, or the rights hereunder, without the prior written consent of the other party;
5. The covenants and agreements herein contained shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns, provided nothing herein
shall be construed to permit a transfer or assignment expressly prohibited by the terms of this
agreement;
7. The within agreement, including all those agreements incorporated herein by reference,
constitutes the entire agreement by and between the parties hereto, both parties acknowledging
the absence of any other representations not herein contained, and shall not be modified or
otherwise amended except by written agreement subsequently entered into;

8. All notices required under this agreement shall be deemed to be properly served and
shall be only served when posted by Certified United State Mail, Postage Prepaid, Return
Receipt Requested, Addressed to the Party to Whom Directed, or by a nationally recognized
overnight courier, or by hand delivery with confirmation of receipt at the address herein set forth
or at such other address as may from time to time be designated in writing:
To: County
Jon Creighton
Asst. County Manager
46 VaIley Street
Asheville, NC 28801
To: Weaverville
Michael Ja Van Morgan
Weaverville Town Manager
P.O. Box 338
Weaverville, NC 28787
i
9, if any provision of this agreement shall to any extent be invalid or unenforceable, the
remainder of this agreement shall not be affected thereby and each other provision of this
agreement shall be valid and enforceable to the fullest extent permitted by law.
TOWN OF WEAVERViLLE
By: /I XW I" &&�d
Ma "Bett" Stroud, Mayor
Attested to:
Town Cle
Attested to:
Co
my
e

Town of Montreat
P.O. Box 423, Monlreat, North Carolina 28757
Phone: [phone] • Fax: [phone]
LinvNv.toii,iioi inoi itrc:at. org
MEMORANDUM OF UNDERSTANDING
Between
BUNCOMBE COUNTY (County)
and.
TOWN OF MONTREAT (Montreat)
;= , ww-,
q�tVl: WBtBr �f8(1C�1
Wetlands & Starm
This Memorandum of Understanding, made and entered into this 13`' day of December, 2007, by
and between the Buncombe County, a body politic and corporate of the State of North Carolina
(hereinafter sometimes "County"), and the Town of Montreat, a municipal corporation of the
State of North Carolina(hereinafler sometimes "Montreat");
WITNESSETH:
WHEREAS, on September 27, 2006 the County adopted an ordinance regulating
stormwater runoff and same is codified in Chapter 26, Environment, Article VIL Stormwater
Management, Code of Ordinance of Buncombe County, North Carolina, commonly referred to
as the Stormwater Ordinance;
WHEREAS, said Stormwater Ordinance was passed pursuant to the provisions of NCGS
Chapter 153A, Article 6, Delegation and Exercise of the General Police Power; and,
WHEREAS, on June I4, 2007, the Montreat Board of Commissioners voted to request
that the Stormwater Ordinance be applied and enforced by the County within the municipal
boundaries of Montreat in accordance with NCGS §153A-122;
NOW, THEREFORE, the parties hereby enter into this Memorandum of Understanding
setting out their agreement with regard to the enforcement of the Stormwater Ordinance within
the Town of Montreat as follows:
1. County has and will continue to regulate and enforce the provisions of the
Stormwater Ordinance through the Stormwater Management Office of the
Buncombe County Planning Department;
2. County shall provide adequate staff to administer and enforce the ordinance
within its jurisdiction including Montreat and its extraterritorial jurisdiction for
the term of this agreement;
3. County will charge and. retain a fee of $400 per acre of disturbed area, or each
fraction of an acre, on all properties within its jurisdiction including Montreat and
its extraterritorial jurisdiction that are subject to the terms and conditions of the

Memorandum of Agreement - Stormwater Enforcement
December 13, 2007
Page 2 of 3
Stormwater Ordinance; this fee will be paid by the Applicant as defined in the
Stormwater Ordinance; and Montreat understands and agrees that the County may
from time to time increase its fees for the management of this ordinance as same
might reasonably be necessary from time to time;
4. This agreement shall become effective upon execution by the parties and shall
remain in force and effect until June 30, 2012, and shall automatically renew for
additional successive five (5) year terms thereafter, unless either party gives the
other party at least 180 days prior written notice of intent to terminate;
5. Neither party shall assign or transfer, or permit the assignment or transfer of, this
agreement, or the rights hereunder, without the prior written consent of the other
ply;
6. The covenants and agreements herein contained shall be binding upon and inure
to the benefit of the parties hereto and their respective successors and assigns,
provided nothing herein shall be construed to permit a transfer or assignment
expressly prohibited by the terms of this agreement;
7. The within agreement, including all those agreements incorporated herein by
reference, constitutes the entire agreement by and between the parties hereto, both
parties acknowledging the absence of any other representations not herein
contained, and shall not be modified or otherwise amended except by written
agreement subsequently entered into;
8. All notices required under this agreement shall be deemed to be properly served
and shall be only served when posted by Certified United State Mail, Postage
Prepaid, Return Receipt Requested, Addressed'to the Party to Whom Directed, or
by a nationally recognized overnight courier, or by hand delivery with
confirmation of receipt at the address herein set forth or at such other address as
may from time to time be designated in writing:
To: County
Jon Creighton
Asst. County Manager
46 Valley Street
Asheville, NC 28801
To: Montreat
Ronald W. Nalley
Town Administrator
P.O. Box 423,
Montreat, NC 28757
9. if any provision of this agreement shall to any extent be invalid or unenforceable,
the remainder of this agreement shall not be affected thereby and each other
provision of this agreement_ shall be valid and enforceable to the fullest extent
permitted by law.

:. I
TOWN OF MONTREAT
Mayor .r/
Attested to:
Town Administrator
Memorandum of Agreement - Stormwater Enforcement
December 13, 2007
Page 3 of 3
BUNCOMBE CO
M.
C-V'10 1
Attested to:
r
Count/
ount Clerk-j "JU

MEMORANDUM OF UNDERSTANDING
between
BUNCOMBE COUNTY
and
TOWN OF 13ILTMORE FOREST
This Memorandum of Understanding, made and entered into this _ day of July, 2007,
by and between the Buncombe County, a body politic and corporate of the State of North
Carolina (liereinafter sometimes "County"), and the Town of Biltmore Forest, a municipal
corporation of the State of North Carol ina(hereinafter sometimes "Biltmore Forest");
WITNESSETI-I:
WHEREAS, on September 27, 2006 the County adopted an ordinance regulating
sowmwater runoff and same is codified in Chapter 26, Environment, Article VII: Stormwater
Management, Code of Ordinance of Buncombe County, North Carolina, commonly referred to
as the Stormwater Ordinance;
WHEREAS, said Stormwater Ordinance was passed pursuant to the provisions of NCGS
Chapter 153A, Article 6, Delegation and Exercise of the General Police Power; and
WHEREAS, on May 8, 2007 the Biltmore Forest Town Council voted to request that the
Stormwater Ordinance be applied and enforced by the County within the municipal boundaries
of Biltmore Forest in accordance with NCGS § 153AA22;
NOW, THEREFORE, the parties hereby enter into this Memorandum of Understanding
setting out their agreement with regard to the enforcement of the Stormwater Ordinance within
the Town of Biltmore Forest as follows:
I . County has and will continue to regulate and enforce the provisions of the Stormwater
Ordinance through the Stormwater Management Office of the Buncombe County Planning
Department;

2. County shall provide adequate staff to administer and enforce the ordinance within its
jUrlsdlctlon including Blltrmorc Forest and its extra territorial jurisdiction for the term of this
agreement;
3. County will charge and retain a fee of S400 per acre of disturbed area, or each fraction
of an acre, on all properties within its jurisdiction including Biltmore Forest and its extra
territorial jurisdiction that are subject to the terms and conditions of the Stornnwatcr Ordinance;
this fee will be paid by the Applicant as defined in the Stormwater Ordinance; and Biltmore
Forest understands and agrees that the County may from time to time increase its fees for the
managennent of this ordinance as same might reasonably be necessary from time to time;
4. This agreement shall becorne effective upon execution by the parties and shall remain
in force and effect until June 30, 2012, and shall automatically renew for additional successive
five (5) year terms thereafter, unless either party gives the other party at least 180 days prior
written notice of intent to terminate;
5. Neither party shall assign or transfer, or permit the assignment or transfer of, this
agreement, or the rights hereunder, without the prior written consent of the other party;
6. The covenants and agreements herein contained shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns, provided nothing herein
steal l be construed to permit a transfer or assignment expressly prohibited by the tcrnns of this
agreement;
7. The within agreement, including all those agreements incorporated herein by reference,
constitutes the entire agreement by and between the parties hereto, both parties acknowledging
the absence of any other- representations not herein contained, and shall not be modified or
otherwise amended except by written agreement subsequently entered into;

S. All notices required under this agreement shall be deemed to be properly served and
shall be only served when posted by Certified United State Mail, Postage Prepaid, Return
Receipt Requested, Addressed to the Party to Whom Directed, or by a nationally recognized
overnight courier, or by hand delivery with confirmation of receipt at the address herein set forth
or at such other address as may from time to time be designated in writing:
To: County
.ion Creighton
Asst. County Manager
46 Valley Street
Asheville, NC 28801
To: Biltmore Forest
Nelson Smith, Town Administrator
Town of Biltmore Forest
P.O. Box 5352,
Biltmore Forest, 28813
9. If any provision of this agreement shall to any extent be invalid or unenforceable, the
remainder of this agreement shall not be affected thereby and each other provision of this
agreement shall be valid and enforceable to the fullest extent permitted by law.
TOWN' OF -ORE FOREST' BUNCOMBE CO N'I'Y
B !�
May George F. Goosmann
Attested to:
A'1"" 21r
Town Administrator
By:
Attested to:
ounty GlQrk

Buncombe County Government
Office of the County Manager Jon E. Creighton
205 College Street, Suite 300 Assistant County Manager/Planning Director
Asheville, NC 28801 Telephone [phone]
Fax [phone]
November 29, 2007
Mike RandallCD
m
NC.Division of Water Quality
Stormwater and General Permits Unit
1617 Mail Service Center
Raleigh, NC 27699-1617 g Q
Subject: Delegation of Local Program
Buncombe County, North Carolina
Dear Mr. Randall,
Buncombe County is dedicated to protecting our water resources and has regulations in place for
sediment and erosion control. The county's sediment and erosion control program has been
delegated through the Land Quality Section since 1986.
County commissioners have recognized the need for post construction water quality protection and
adopted a local stormwater management ordinance on September 27, 2006. Several local
municipalities have been required to adopt rules for post- construction stormwater management.
These municipalities have asked the county to enforce post construction regulations in an effort to
comply. Copies of resolutions adopted by local municipalities are enclosed and others forthcoming
will be forwarded as they are acted upon.
The Buncombe County Board of Commissioners amended the Stormwater Management Ordinance
on November 20, 2007. These amendments allow the existing ordinance to meet minimum
requirements for local program delegation. A copy of the ordinance is included with this letter.
This is to request that the Buncombe County Stormwater Management Program be given delegated
authority with all rights and privileges assigned such delegation pursuant to North Carolina Session
Law 2004-163, Section 2, Paragraph 3.
Feel free to contact me should you have comments or questions.
Sincerely,
i
Assistant C my Manager
Mrg/encl.
Cc.

Buncombe County Meeting
Subject: Buncombe County Meeting
From: Roger Edwards <Roger,[e-mail]>
Date: Fri, 14 Sep 2007 08:00:24 -0400
To: Mike Randall <[e-mail]>
Mike,
T just: heard from Buncombe Co. regarding their questions and attenda e at the
September 16, 2007 meeting. The agenda has changed and the new dat Vi
s November 20,
2007. Would it be possible for you to attend this meeting? We canscuss this
October 17th while you are at ARO.
Thanks,
R. Edwards
Roger Edwards - [e-mail]
North Carolina Dept of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: B28-299-7043
Roger Edwards <Roger.Edwards(u,)ncmail.net>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
l of'] 10/15/2007 8:36 AM

Chapter 26 Environment
Article VII: Stormwater Management
Division 1. General Provisions
Section 1: Purpose
The stormwater management regulations of this article shall protect, maintain and
enhance the public health, safety, environment and general welfare by establishing
minimum requirements and procedures to control the adverse effects of stormwater
runoff associated with new development. Proper management of stormwater runoff will
protect property, control stream channel erosion, prevent increased flooding associated
with new development, protect floodplains, wetlands, water resources, riparian and
aquatic ecosystems, and otherwise provide for environmentally sound use of the
county's natural resources.
Section 2: Scope
Except as otherwise expressly stated, the stormwater management regulations of this
article apply to all development within unincorporated Buncombe County outside the
extraterritorial jurisdiction and incorporated boundaries of any municipality.
Section 3: Applicability and Exemptions
The stormwater management regulations of this article do not apply to any of the
following development activities:
a) Activities including the breeding and grazing of livestock, undertaken on
agricultural land for the production of plants and animals useful to man, including
but not limited to:
• Forages and sod crops, grains and feed crops, tobacco, cotton and
peanuts.
• Dairy animals and apiary products.
• Poultry and poultry products.
• Livestock, including beef cattle, sheep, swine, horses, ponies, mules and
goats.
• Bees and dairy products.
• Fur producing animals.

b) Activities undertaken on forestland for the production or harvesting of timber and
timber products and conducted in accordance with best management practices
as set out in Forest Practice Guidelines Related to Water Quality.
c) Activities for which a permit is required under the mining act, G. S. 74-46 et seq.
d) Commercial development on lots less than one acre.
e) Residential development that disturbs less than one acre, including total buildout
of the site.
f) Any development in which the owner has accrued a vested right. A vested right
is recognized if either a preliminary plan has been approved by the Planning
Board that meets the required specifications and standards of Buncombe County
ordinances, or a Land Disturbing Permit has been issued pursuant to Buncombe
County Soil Erosion and Sedimentation Control ordinance in effect on or before
the effective date of this ordinance, and that such plan or permit remains
unexpired.
A party in interest to a particular plan found to have no vested right to construct
or develop on or before the effective date of this ordinance may appeal to the
Buncombe County Board of Adjustment for a hearing de novo. Such hearing
shall be expedited and shall be limited to the issue of whether the landowner has
a vested right to construct or develop his site under plans submitted prior to the
effective date of this ordinance.
Redevelopment or expansions to uses included in the above categories are not
subject to the stormwater requirements unless it would result in an expansion of
impervious surface on commercial lots in size equal to or greater than one acre,
would result in commercial redevelopment where more than 54% of the square
footage of a structure is replaced on a lot in size equal to or greater than one acre, or
would result in a total developed acreage of one acre for residential development.
Section 4: Definitions
Applicant. An owner or developer of a site who executes the Stormwater Permit
Application pursuant to Buncombe County's Stormwater Ordinance.
Connection. Any ditch, pipe, or other device for the diversion or transmission of storm
drainage, which will in any way affect the operation or maintenance of the drainageways.
Conveyance. Any feature of the landscape or earth, manmade or natural, that carries
water in a concentrated flow.
Detain. To store and slowly release stormwater runoff following precipitation by means
of a surface depression or tank and an outlet structure.
Development. Any land disturbing activity which adds to or changes the amount of
impervious or partially pervious cover on a land area or which otherwise decreases the
infiltration of precipitation into the soil, other than a rebuilding activity that does not
qualify as redevelopment.
Drainage structures. Shall include swales, channels, storm sewers, curb inlets, yard
inlets, culverts, and other structures designed or used to convey stormwater.
2

Impervious surface. Any surface that, in whole or in part, restricts or prevents the
natural absorption of water into the ground. Such surfaces may include, but are not
limited to, gravel, concrete, asphalt or other paving material, and all areas covered by
the footprint of buildings or structures.
Land disturbing activity. Any use of, or operations on, the land by any person in
residential, industrial, educational, institutional, or commercial development, including
road construction and maintenance, that results in a change in the natural cover or
topography.
One-year, 24-hour storm. The surface runoff resulting from a 24-hour rainfall of an
intensity expected to be equaled or exceeded, on average, once in 12 months and with a
duration of 24-hours.
Retain. To capture and hold stormwater runoff following precipitation by means of
surface depression allowing the water to infiltrate into the soil, thus reducing the
hydrologic and pollution impacts downstream.
Stormwater. Any surface flow, runoff, and drainage consisting entirely of water from
rainfall events.
Stream. A watercourse that collects surface runoff.
Velocity. The average velocity of flow through the cross section of the main channel at
the peak flow of the storm of interest.
Division 2. Administration and Procedures
Section 1: Review and Decision -Making Entities
Buncombe County Planning and Development will administer this ordinance. The
Director of Planning and Development will designate a Stormwater Administrator. In
addition to the powers and duties that may be conferred, the Stormwater Administrator
shall have the following powers and duties under this ordinance:
a) To review and approve or disapprove applications for approval of plans pursuant
to this ordinance.
b) To make determinations and render interpretations of this ordinance.
c) To establish application requirements and schedules for submittal and review of
applications and appeals, to review and approve applications.
d) To enforce the provisions of this ordinance in accordance with its enforcement
provisions.
c) To make records, maps, and official materials as relate to the adoption,
amendment, enforcement, or administration of this ordinance.
t) To provide expertise and technical assistance to Buncombe County.
g) To designate appropriate other person(s) who shall carry out the powers and
duties of the Stormwater Administrator.

h) To take any action necessary to administer the provisions of this ordinance.
Section 2: Review and Appeals Procedures
a) A stormwater permit is required for all development and redevelopment which
equals or exceeds one acre of residential development, or on commercial lots
that are one-half acre in size or more, unless exempt pursuant to this ordinance.
b) The Buncombe County Board of Commissioners shall establish permit review
fees as well as policies, and may amend and update the fees and policies when
needed.
c) For all activities which are subject to this ordinance, no person shall initiate,
proceed, or undertake any land disturbing or development activity for which a
permit is required without first being issued a written stormwater control permit.
All other required applications must be received and permits must be obtained
prior to the start of the work. These may include but are not limited to Soil
Erosion and Sedimentation Control, Flood Damage Prevention, Subdivision,
Building Permits and Inspections, NC Department of Transportation, NC Division
of Water Quality, US Army Corps of Engineers, and NC DENR-Dam Safety.
d) Plan review fees shall be double the amount when land disturbing activity begins
before a stormwater permit is obtained from the county.
e) Two (2) copies of the stormwater plan submittal shall be submitted to Planning
and Development for review.
f) The Department shall review the plan for completeness and for compliance with
the requirements of this ordinance. An incomplete or nonconforming stormwater
plan will be returned to the applicant prior to review with an explanation of issues
requiring resolution before plan review can be initiated.
g) Within thirty (30) days of receipt of application for stormwater plan approval,
Planning and Development shall take action on the plan.
[1] Planning and Development shall forward a copy of the plan to the
Buncombe County Soil and Water Conservation District who, within
twenty (20) days of receipt of the plan, will review the plan and submit its
comments and recommendations to the Stormwater Administrator at the
Buncombe County Planning and Development Department. Failure of the
Soil and Water Conservation District to submit its comments and
recommendations within twenty (20) days shall not delay final action on
the plan. Planning and Development is solely responsible for plan(s)
review and will incorporate review comments and recommendations from
the Soil and Water Conservation District into its examination of the plan
application.
h) Approval, approval with modifications, or denial of the proposed stormwater plan
shall be in writing. In the case of denial, the reasons for denial shall be clearly
stated. The applicant may appeal the decision .of the Stormwater Administrator at
the Buncombe County Planning and Development Department to a plan review
0

committee within 15 days after receipt of written notice of disapproval or approval
with modifications. Only the applicant can appeal the decision of the Stormwater
Administrator.
[1] A condition of plan approval will be the right to physical inspection of the
drainage structures and stormwater management measures during and
after construction.
i) Hearings held pursuant to this section shall be conducted by a plan review
committee consisting of the director of Planning and Development, the director of
the Soil and Water Conservation District, and the director of General Services
within 30 days after the date of the appeal or request for hearing.
j) The plan review committee shall decide appeals within 15 days after the date of
the hearing on any stormwater plan. If the review committee upholds the
disapproval or modification of a proposed plan following the hearing, the person
submitting the plan shall then be entitled to appeal the local plan review
committee's decision to the Board of Adjustment within 15 days.
k) The Board of Adjustment will conduct a hearing in the nature of a quasi-judicial
proceeding with all findings of fact supported by material evidence.
Decisions appealing the final decision by the Board of Adjustment may be filed in
Buncombe County Superior Court, to be reviewed by proceedings in the nature of
certiorari, within thirty (30) days of the final decision of the Board of Adjustment.
m) The Stormwater Administrator shall take action on revisions to a stormwater plan
which has been previously denied, within fifteen (15) days of receipt of the revised
plan application for approval.
n) If a revised application is not re -submitted within sixty (60) calendar days from the
date the applicant was notified, the application shall be considered withdrawn, and
a new submittal for the same or substantially the same project shall be required
along with the appropriate fee and pursuant to the current standards.
o) Application for an amendment to a stormwater plan in written and graphic form
may be made at any time. Until such time that any amendment is approved by the
Stormwater Administrator, it shall be unlawful to deviatefromthe approved plan.
p) An approved plan shall become null and void if the applicant has failed to make
progress on the site within six months after the date of approval. The Stormwater
Administrator may grant a single, six-month extension of this time limit, for good
cause shown, upon receiving a written request from the applicant before the
expiration of the approved plan.
Section 3: Penalties for Violation
Civil penalties may be imposed as follows:
a) Any person who violates any of the provisions of this article, or rules or orders
adopted or issued pursuant to this article, or who initiates or continues a

development for which a stormwater plan is required, except in accordance with
the terms, conditions and provisions of an approved plan, is subject to a civil
penalty. The maximum civil penalty for a violation of this article is $1,009 $5,000
per day. Each day of a continuing violation shall constitute a separate violation.
Additional fees may be charged for remedies and enforcement of this ordinance.
b) No penalty shall be assessed until the applicant has been notified of the violation
by registered or certified mail, return receipt requested, or other means
reasonably calculated to give actual notice. The notice shall describe the
violation with reasonable particularity, specify a reasonable time period within
which the violation can be corrected, and warn that failure to correct the violation
within the time period will result in the assessment of a civil penalty or other
enforcement action.
c) If the violation has not been corrected within the designated time period, a civil
penalty may be assessed from the date the violation is detected.
d) Refusal to accept the notice or failure to notify the Stormwater Administrator of a
change of address shall not relieve the violator's obligation to pay such a penalty.
e.) The Stormwater Administrator or other authorized agent may refuse to issue a
certificate of occupancy for any building or other improvements constructed or
being constructed on the site and served by the stormwater practices in question
until the applicant has taken the remedial measures set forth in the notice of
violation and cured the violations described therein.
Division 3: Stormwater Plan Submittal
Section 1: Permit Application and Plans
a) The stormwater permit application and plan shall refer to the drawings and
technical documentation for planned site improvements necessary to fulfill the
drainage and stormwater management requirements of this article. This shall
include but not be limited to -
Ill Location and topographic maps with the total drainage area delineated
including both on site and off site areas and sufficient information to
define all ridges, existing streams, location of the 100-year floodplain and
floodway, drainage ways, wetland areas, existing springs, and elevation
of any proposed discharge point, and any additional information required
to evaluate the existing and proposed drainage system, which may
include a soil analysis.
[21 Architectural and engineering drawings showing plan, profile and details
of piping, drainage structures, swales, and channels tying into a network
of pre-existing manmade or natural channels.

[3] Written project specifications governing work performance and materials.
[4] Computations and assumptions sufficient to support the design of piping,
drainage structures, retention/detention ponds, and permanent erosion
control measures.
[5] Whatever other narrative statements necessary to adequately describe
the proposed site improvements and the measures planned to comply
with the requirements of this article.
b) The stormwater permit application and plan shall be prepared by and shall bear
the seal and signature of a professional engineer or landscape architect licensed
in the state of North Carolina, competent to perform all aspects of design.
c) The stormwater permit application and plan shall be prepared to meet the basic
objectives and design standards for drainage and stormwater management as
described in this ordinance.
d) The stormwater permit application and plan shall show the existing site topography
and proposed site drainage improvements in sufficient detail to facilitate plan
review and construction. The plan drawings shall be presented at a scale no
smaller than 1 inch = 50 feet.
Section 2: Maintenance Manual
a) The stormwater permit application and plan shall be accompanied by an operations
and maintenance manual. The manual shall contain a narrative describing each
installed measure and device and its design specifications. The manual shall
indicate for each installed measure and device what operation and maintenance
actions are needed and what specific quantitative criteria will be used to determine
when these actions will be taken. The manual must indicate the steps that will be
taken to restore a measure or device to the design specifications if a failure occurs.
b) After the permit and plan is approved and installation is complete, if changes have
been made to any installed measure or device, the manual shall be revised to reflect
these changes, and such changes shall be subject to the review and approval of the
Stormwater Administrator.
Section 3: As -built Plans and Specifications
a) The designer of the stormwater control plans shall provide as -built plans of all
stormwater control and management plans showing the field location, size, depth,
and planted vegetation of all measures and devices as installed. If the previously
submitted plans remain unchanged, an as -built certification to the existing plans will
be required. No certificate of compliance or occupancy shall be issued without said
as -built plans.
b) The designer shall certify, under seal, that the as -built stormwater measures and
devices and their installation are in compliance with the County's stormwater
ordinance.
7

c) The designer shall submit a final electronic file of the stormwater plan that is
readable by GIS systems.
Division 4: Standards
Section 9: Stormwater Management Objectives
a) In order to reduce drainage related damage and hazards, adequate natural
drainage systems or stormwater management installations are required to collect
and transmit stormwater flows into either existing drainage facilities or a natural
drainage system.
b) All storm drainage facilities shall be designed, constructed and maintained so that
adjacent properties are not unreasonably burdened with surface waters as a result
of such improvements. Specifically -
Ill Offsite areas which drain to or across a site proposed for development
must be accommodated in the stormwater plans for the development. The
stormwater management system must be capable of conveying the
existing offsite flows through or around the development such that the
volume and rate of flow from the adjacent property is not altered. If offsite
flows are carried in the site system any detention system shall be sized to
accommodate this flow. The flow must be released to the original
drainage area.
[21 Storm drainage facilities shall be designed to limit the discharge from the
site to the rate that existed prior to development of the site. For projects
that are redeveloping a developed site, the discharge will be limited to
that which occurs before any new development. The type and location of
the discharge will be as occurred before the current development unless
the discharge is to a manmade conveyance system.
c) All site improvements shall be provided with a drainage system that is adequate to
prevent the undue retention of surface water on the development site.
d) These goals for discharge can be accomplished by designing, constructing and
maintaining all stormwater management installations to the extent practicable:
[11 Avoid increases in surface runoff volume and velocity by including
measures which promote the infiltration of stormwater,
[21 Maximize the time of concentration of stormwater runoff, and
[31 Promote the filtration and precipitation of pollutants from stormwater
runoff in order to protect the water quality of the receiving watercourse.

e) Whenever practicable, the drainage system of a development site shall coordinate
with and connect to the drainage systems or drainage ways on surrounding
properties or streets. Permission must be received from other applicable entities
for connection.
f) To the extent practicable, all site improvements shall conform to the natural
contours of the land, and without disturbance, utilize the preexisting natural and
preexisting manmade drainage ways.
g) To the extent practicable, lot boundaries within subdivisions shall be made to
coincide with natural and preexisting man made drainage ways to avoid creation of
lots that can only be built upon by altering such drainage ways.
h) Stormwater shall not be diverted from one natural drainage basin into another.
i) Stormwater shall not be channeled or directed into sanitary sewers.
j) Stormwater controls shall not be located within the designated floodway.
k) Stormwater controls shall not be located within 30 feet landward from any
perennial and intermittent surface waters. A surface water shall be deemed
present if the feature is approximately shown on either the most recent version of
the soil survey map prepared by the Natural Resources Conservation Service of
the US Department of Agriculture or the most recent version of the quadrangle
topographic maps prepared by the USGS.
1) Streams shall not be relocated unless it is demonstrated that the relocation of the
stream will have a positive impact on water quality while reducing velocity. All
other applicable permits must be received.
Section 2: Stormwater Management Design Standards
a) Design standards are established for the purpose of promoting sound
development practices which respect, preserve and enhance the County's
watercourses and are not intended to prohibit the use of innovative and
alternative techniques which can be demonstrated to have the potential for
successfully achieving the objectives stated in Section 1.
b) Design Storm:
[11 The measures shall control, and treat the difference in stormwater runoff
volume leaving the project site between the pre- and post -development
conditions for, at a minimum, the 1-year, 24-hour storm. Runoff volume
drawdown time shall be a minimum of 48 hours, but not more than 120
hours.
[21 All structural stormwater treatment systems used to meet the
requirements of this ordinance shall be designed to have a minimum of
85% average annual removal for Total Suspended Solids (TSS).

[3] The hillside development standards of Chapter 70 of Buncombe County's
Code of Ordinances (Section 70-68) apply. This section limits the density
of disturbed area and impervious surfaces on steep slopes.
[4] The design of drainage facilities in flood hazard areas shall be consistent
with the requirements of Buncombe County's Flood Damage Prevention
Ordinance. No stormwater controls shall be allowed within the floodway.
No stormwater controls shall be within 30 feet landward of any perennial
and intermittent surface water.
[5] The computation of stormwater runoff shall follow established engineering
practice. Acceptable methods of computation include the Rational
Method, the Peak Discharge Method as described in USDA Technical
Release Number 55 (TR-55), and USGS Regression Equations, where
applicable. If an alternate method is proposed, the method should be
described and justification for using this method should be provided. The
same method must be used for both the pre- and post -development
conditions.
[6] Runoff coefficients shall be based on full development of the project and
of the watershed to the extent of the current zoning or land use patterns,
and shall include the complete development of the site through build -out,
including roof tops and other impervious areas that may be proposed.
[7] Stormwater detention shall be provided to insure that the rate of
discharge does not exceed the pre -development rate of discharge. in
order to demonstrate this, pre and post development hydrographs will be
submitted that demonstrate no increase in flow leaving the site during the
one-year 24 hour storm. Inflow -outflow calculations shall also be
submitted for any stormwater detention ponds.
[8] Stormwater controls that drain in whole or part to designated trout waters
shall be designed and shall implement the best Stormwater practices that
do not result in a sustained increase in the receiving water temperature,
while still meeting the other requirements of this ordinance.
Section 3: Stormwater Design Manual
The Buncombe County Planning and Development Department may furnish additional
guidance and standards for the proper implementation of the regulations of this article
and may provide such information in the form of a Stormwater Design Manual.
Stormwater management practices that are designed, constructed, or maintained in
accord with the Stormwater Design Manual must be presumed to comply with these
regulations. However, the Stormwater Administrator shall have the right to consult other
engineers and duly qualified professionals, and to impose any conditions or require any
modifications deemed necessary to meet the purpose, intent and requirements of this
ordinance.
ro

Division 5: Construction and Maintenance
Section 1: Construction of Stormwater Management Structures
a) Stormwater management facilities shall be constructed in accordance with
approved plans and maintained in proper working condition. The
applicant/property owner is responsible for ensuring that the construction of
drainage structures and stormwater management measures are completed in
accordance with the approved plan and specifications. Inspections which may be
performed by Buncombe County during construction will not relieve the
developer of the responsibility to install stormwater management and drainage
facilities in accordance with the approved plan.
b) In response to a complaint, or as a compliance check with the requirements of
the ordinance, the Stormwater Administrator or the designee shall perform a
physical inspection of the construction of drainage structures and stormwater
management measures, or monitor long term maintenance procedures.
c) The property owner will be notified in writing of any substandard and/or non-
conforming work identified by the Stormwater Administrator. The notification shall
state the specific work that is out of compliance, the specific reasons for
noncompliance, and the corrective measures necessary to bring the work into
compliance.
d) Failure of the property owner or developer to correct substandard and/or
nonconforming work identified by the Stormwater Administrator shall be sufficient
reason to refuse or revoke building permits, and/or deny occupancy permits for
buildings serviced by said work. Appeals on determination of nonconforming or
substandard work and/or the adequacy of the corrective measures executed
shall be made in accordance with Division 2, Section 2 of this ordinance.
Pending the ruling on the appeal, the determination of the Stormwater
Administrator remains in effect.
e) Revisions which affect the intent of the design or the capacity of the system shall
require prior written approval by the Stormwater Administrator.
Section 2: Performance Security for Installation and Maintenance
a) Buncombe County will require the submittal of a surety performance bond made
by a surety bonding company licensed and authorized to do business in North
Carolina, a bond of the owner/developer with an assignment to the county of a
certificate of deposit as security for the bond, a bond of the owner/developer by
an official bank check drawn in favor of the county and deposited with the county,
or cash or an irrevocable letter of credit deposited with the county prior to issue
of a permit in order to ensure that the stormwater system is installed by the
developer and functions as required by the approved stormwater plan.
b) The amount of an installation performance security shall be the total estimated

construction cost of the system and devices approved under the permit, plus
25%,
c) The performance security shall contain forfeiture provisions for failure, after
proper notice, to complete work within the time specified, or to initiate or maintain
any actions which may be required of the applicant in accordance with this
ordinance.
d) Upon default of the applicant to construct, maintain, repair, and if necessary
reconstruct any stormwater device in accordance with the applicable permit, the
Stormwater Administrator shall obtain and use all or any portion of the security to
make necessary improvements based on an engineering estimate. Such
expenditure of funds shall only be made after requesting the applicant to comply
with the permit. In the event of a default triggering the use of installation of
performance security, Buncombe County shall not return any of the unused
deposited cash funds or other security, which shall be retained for maintenance.
e) If Buncombe County takes action upon such failure by the applicant, Buncombe
County may collect the difference should the amount of the reasonable cost of
such action exceed the amount of the security held. This difference will be
collected from the applicant.
f) Within sixty (60) days of the final approval, the installation performance security
shall be refunded to the applicant or terminated.
Section 3: Completion
The developer is responsible for completing all stormwater improvements in accordance
with the requirements of this article and other applicable ordinance and laws.
Section 4: Assurance that Improvements will be Maintained
a) The County may not approve a record plat, or in the case of single -lot
development not requiring a record plat may not issue a building permit, until
those stormwater improvements required of the developer have been completed
or a performance guarantee has been provided.
b) Upon completion of required improvements, the design professional must submit
as -built plans, or certify the existing plans as as -built if no changes have
occurred, of the installed stormwater improvements to the Stormwater
Administrator. These plans must indicate that stormwater improvements were
constructed in accordance with the County ordinance and approvals.
Section 5: Maintenance
All stormwater improvements must be maintained so they will continue to serve their
intended functions.
a) The developer must maintain stormwater improvements until accepted by a
property owners association or lot owner. The developer must disclose which
party will be responsible for continued maintenance on the record plat and on the
stormwater management plan. The developer will be responsible for the
12

installation, operations, and maintenance of the stormwater controls until
ownership is conveyed. The responsibility and agreement for operations and
maintenance for the stormwater system is transferred with title, as each property
is conveyed.
b) Before improvements are accepted for maintenance by the property owners
association or lot owner, the developer or the developer's engineer or landscape
architect, must certify to the property owners association or lot owner and to the
County that improvements are complete and functioning as designed.
c) The developer must record, and reference on the record plat, an operations and
maintenance plan that instructs the property owners association or lot owner
about the annual operations and maintenance tasks for at least a 20-year period.
d) The person responsible for maintenance of any stormwater structure or feature
installed pursuant to this ordinance shall submit to the Stormwater Administrator
n inspection re ort aDouall from a qualified rea istered North Carolina
p or fessional engineer, surveyor, or andscape architect performing services only
in their area of competence. The report shall contain the following:
[1 ] The name and address of the land owner.
[2] The recorded book and page number of the lot of each stormwater
control.
[3] A statement that an inspection was made of all stormwater
controls and features.
[4] The date the inspection was made.
[5] A statement that all inspected controls and features are
performing properly and are in compliance with the terms and
conditions of the approved maintenance agreement required by
this ordinance.
[6] The signature and seal of the engineer, surveyor, or landscape
architect.
All inspection reports shall be on forms supplied by the Stormwater
Administrator. An original inspection report shall be provided to the Stormwater
Administrator beginning one year from the date of as -built certification and each
year thereafter on or before the date of the as -built certification.
It will be the responsibility of the property owners association or lot owner to
update the plan annually.
e) The developer must record, and reference on the record plat, a maintenance
agreement, or restrictive covenant that sets forth the property owners
association's or lot owner's continuing responsibilities for maintenance, including
specifying how cost will be apportioned among lot owners served.
13

f) The maintenance agreement must provide that the association and its individual
members are jointly and severably liable for maintenance.
g) The developer must record easements for access, maintenance and inspections
by any property owners association and by Buncombe County Government.
i) All maintenance documents required by this article must be submitted to the
Stormwater Administrator before record plat approval, and such documents must
be referenced on the record plat, or, in the case of single -lot developments not
requiring record plats, documentation must be submitted to the Stormwater
Administrator before building permit issuance.
This ordinance shall be effective upon adoption.
Approved on first reading by a vote of 5-0.
Adopted this the 271h day of September, 2006.-
ATTEST
Kathy Hughes, Clerk to the
Board of Commissioners
APPROVED AS TO FORM
Joe Connolly, County Attorney
BOARD OF COMMISSIONERS FOR
THE COUNTY OF BUNCOMBE
Nathan Ramsey, Chairman
Board of Commissioners
14

t4 ArCD149BE� )'-�: I N
z-o8_ 07
Chapter 26 Environment
Article VII: Stormwater Management
Division 1. General Provisions
Section 1: Purpose
The stormwater management regulations of this article shall protect, maintain and
enhance the public health, safety, environment and general welfare by establishing
minimum requirements and procedures to control the adverse effects of stormwater
runoff associated with new development. Proper management of stormwater runoff will
protect property, control stream channel erosion, prevent increased flooding associated
with new development, protect floodplains, wetlands, water resources, riparian and
aquatic ecosystems, and otherwise provide for environmentally sound use of the
county's natural resources.
Section 2: Scope
Except as otherwise expressly stated, the stormwater management regulations of this
article apply to all development within unincorporated Buncombe County outside the
extraterritorial jurisdiction and incorporated boundaries of any municipality.
Section 3: Applicability and Exemptions
The stormwater management regulations of this article do not apply to any of the
following development activities:
a) Activities including the breeding and grazing of livestock, undertaken on
agricultural land for the production of plants and animals useful to man, including
but not limited to:
• Forages and sod crops, grains and feed crops, tobacco, cotton and
peanuts.
• Dairy animals and apiary products.
• Poultry and poultry products.
• Livestock, including beef cattle, sheep, swine, horses, ponies, mules and
goats.
• Bees and dairy products.
• Fur producing animals.

b) Activities undertaken on forestland for the production or harvesting of timber and
timber products and conducted in accordance with best management practices
as set out in Forest Practice Guidelines Related to Water Quality.
c) Activities for which a permit is required under the mining act, G.S. 74-46 et seq.
d) Commercial development on lots less than one acre.
e) Residential development that disturbs less than one acre, including total buildout
of the site.
f) Any development in which the owner has accrued a vested right. A vested right
is recognized if either a preliminary plan has been approved by the Planning
Board that meets the required specifications and standards of Buncombe County
ordinances, or a Land Disturbing Permit has been issued pursuant to Buncombe
County Soil Erosion and Sedimentation Control ordinance in effect on or before
the effective date of this ordinance, and that such plan or permit remains
unexpired.
A party in interest to a particular plan found to have no vested right to construct
or develop on or before the effective date of this ordinance may appeal to the
Buncombe County Board of Adjustment for a hearing de novo. Such hearing
shall be expedited and shall be limited to the issue of whether the landowner has
a vested right to construct or develop his site under plans submitted prior to the
effective date of this ordinance.
Redevelopment or expansions to uses included in the above categories are not
subject to the stormwater requirements unless it would result in an expansion of
impervious surface on commercial lots in size equal to or greater than one acre,
would result in commercial redevelopment where more than 50% of the square
footage of a structure is replaced on a lot in size equal to or greater than one acre, or
would result in a total developed acreage of one acre for residential development.
Section 4: Definitions
Applicant. An owner or developer of a site who executes the Stormwater Permit
Application pursuant to Buncombe County's Stormwater Ordinance.
Connection. Any ditch, pipe, or other device for the diversion or transmission of storm
drainage, which will in any way affect the operation or maintenance of the drainageways.
Conveyance. Any feature of the landscape or earth, manmade or natural, that carries
water in a concentrated flow.
Detain. To store and slowly release stormwater runoff following precipitation by means
of a surface depression or tank and an outlet structure.
Development. Any land disturbing activity which adds to or changes the amount of
impervious or partially pervious cover on a land area or which otherwise decreases the
infiltration of precipitation into the soil, other than a rebuilding activity that does not
qualify as redevelopment.
Drainage structures. Shall include swales, channels, storm sewers, curb inlets, yard
inlets, culverts, and other structures designed or used to convey stormwater.
2

Impervious surface. Any surface that, in whole or in part, restricts or prevents the
natural absorption of water into the ground. Such surfaces may include, but are not
limited to, gravel, concrete, asphalt or other paving material, and all areas covered by
the footprint of buildings or structures.
Land disturbing activity. Any use of, or operations on, the land by any person in
residential, industrial, educational, institutional, or commercial development, including
road construction and maintenance, that results in a change in the natural cover or
topography.
One-year, 24-hour storm. The surface runoff resulting from a 24-hour rainfall of an
intensity expected to be equaled or exceeded, on average, once in 12 months and with a
duration of 24-hours.
Retain. To capture and hold Stormwater runoff following precipitation by means of
surface depression allowing the water to infiltrate into the soil, thus reducing the
hydrologic and pollution impacts downstream.
Stormwater. Any surface flow, runoff, and drainage consisting entirely of water from
rainfall events.
Stream. A watercourse that collects surface runoff.
Velocity. The average velocity of flow through the cross section of the main channel at
the peak flow of the storm of interest.
Division 2. Administration and Procedures
Section 1: Review and Decision -Making Entities
Buncombe County Planning and Development will administer this ordinance. The
Director of Planning and Development will designate a Stormwater Administrator. In
addition to the powers and duties that may be conferred, the Stormwater Administrator
shall have the following powers and duties under this ordinance:
a) To review and approve or disapprove applications for approval of plans pursuant
to this ordinance.
b) To make determinations and render interpretations of this ordinance.
c) To establish application requirements and schedules for submittal and,review of
applications and appeals, to review and approve applications.
d) To enforce the provisions of this ordinance in accordance with its enforcement
provisions.
e) To make records, maps, and official materials as relate to the adoption,
amendment, enforcement, or administration of this ordinance.
f} To provide expertise and technical assistance to Buncombe County.
g) To designate appropriate other person(s) who shall carry out the powers and
duties of the Stormwater Administrator.

h) To take any action necessary to administer the provisions of this ordinance.
Section 2: Review and Appeals Procedures
a) A stormwater permit is required for all development and redevelopment which
equals or exceeds one acre of residential development, or on commercial lots
that are one-half acre in size or more, unless exempt pursuant to this ordinance.
b) The Buncombe County Board of Commissioners shall establish permit review
fees as well as policies, and may amend and update the fees and policies when
needed.
c) For all activities which are subject to this ordinance, no person shall initiate,
proceed, or undertake any land disturbing or development activity for which a
permit is required without first being issued a written stormwater control permit.
All other required applications must be received and permits must be obtained
prior to the start of the work. These may include but are not limited to Soil
Erosion and Sedimentation Control, Flood Damage Prevention, Subdivision,
Building Permits and Inspections, NC Department of Transportation, NC Division
of Water Quality, US Army Corps of Engineers, and NC DENR-Dam Safety.
d) Plan review fees shall be double the amount when land disturbing activity begins
before a stormwater permit is obtained from the county.
e) Two (2) copies of the stormwater plan submittal shall be submitted to Planning
and Development for review.
f) The Department shall review the plan for completeness and for compliance with
the requirements of this ordinance. An incomplete or nonconforming stormwater
plan will be returned to the applicant prior to review with an explanation of issues
requiring resolution before plan review can be initiated.
g) Within thirty (30) days of receipt of application for stormwater plan approval,
Planning and Development shall take action on the plan.
III Planning and Development shall forward a copy of the plan to the
Buncombe County Soil and Water Conservation District who, within
twenty (20) days of receipt of the plan, will review the plan and submit its
comments and recommendations to the Stormwater Administrator at the
Buncombe County Planning and Development Department. Failure of the
Soil and Water Conservation District to submit its comments and
recommendations within twenty (20) days shall not delay final action on
the plan. Planning and Development is solely responsible for plan(s)
review and will incorporate review comments and recommendations from
the Soil and Water Conservation District into its examination of the plan
application.
h) Approval, approval with modifications, or denial of the proposed stormwater plan
shall be in.writing. In the case of denial, the reasons for denial shall be clearly
stated. The applicant may appeal the decision of the Stormwater Administrator at
the Buncombe County Planning and Development Department to a plan review
4

committee within 15 days after receipt of written notice of disapproval or approval
with modifications. Only the applicant can appeal the decision of the Stormwater
Administrator.
[1] A condition of plan approval will be the right to physical inspection of the
drainage structures and stormwater management measures during and
after construction.
i) Hearings held pursuant to this section shall be conducted by a plan review
committee consisting of the director of Planning and Development, the director of
the Soil and Water Conservation District, and the director of General Services
within 30 days after the date of the appeal or request for hearing.
j) The plan review committee shall decide appeals within 15 days after the date of
the hearing on any stormwater plan. If the review committee upholds the
disapproval or modification of a proposed plan following the hearing, the person
submitting the plan shall then be entitled to appeal the local plan review
committee's decision to the Board of Adjustment within 15 days.
k) The Board of Adjustment will conduct a hearing in the nature of a quasi-judicial
proceeding with all findings of fact supported by material evidence.
1) Decisions appealing the final decision by the Board of Adjustment may be filed in
Buncombe County Superior Court, to be reviewed by proceedings in the nature of
certiorari, within thirty (30) days of the final decision of the Board of Adjustment.
m) The Stormwater Administrator shall take action on revisions to a stormwater plan
which has been previously denied, within fifteen (15) days of receipt of the revised
plan application for approval.
n) If a revised application is not re -submitted within sixty (60) calendar days from the
date the applicant was notified, the application shall be considered withdrawn, and
a new submittal for the same or substantially the same project shall be required
along with the appropriate fee and pursuant to the current standards.
o) Application for an amendment to a stormwater plan in written and graphic form
may be made at any time. Until such time that any amendment is approved by the
Stormwater Administrator, it shall be unlawful to deviate from the approved plan.
p) An approved plan shall become null and void if the rapplicant has failed to make
progress on the site within six months after the date of approval. The Stormwater
Administrator may grant a single, six-month extension of this time limit, for good
cause shown, upon receiving a written request from the applicant before the
expiration of the approved plan.
Section 3: Penalties for Violation
Civil penalties may be imposed as follows:
a) Any person who violates any of the provisions of this article, or rules or orders
adopted or issued pursuant to this article, or who initiates or continues a

development for which a stormwater plan is required, except in accordance with
the terms, conditions and provisions of an approved plan, is subject to a civil
penalty. The maximum civil penalty for a violation of this article is $!,888 $5,000
per day. Each day of a continuing violation shall constitute a separate violation.
Additional fees may be charged for remedies and enforcement of this ordinance.
b) No penalty shall be assessed until the applicant has been notified of the violation
by registered or certified mail, return receipt requested, or other means
reasonably calculated to give actual notice. The notice shall describe the
violation with reasonable particularity, specify a reasonable time period within
which the violation can be corrected, and warn that failure to correct the violation
within the time period will result in the assessment of a civil penalty or other
enforcement action.
c) If the violation has not been corrected within the designated time period, a civil
penalty may be assessed from the date the violation is detected.
d) Refusal to accept the notice or failure to notify the Stormwater Administrator of a
change of address shall not relieve the violator's obligation to pay such a penalty.
e.) The Stormwater Administrator or other authorized agent may refuse to issue a
certificate of occupancy for any building or other improvements constructed or
being constructed on the site and served by the stormwater practices in question
until the applicant has taken the remedial measures set forth in the notice of
violation and cured the violations described therein.
Division 3: Stormwater Plan Submittal
Section 1: Permit Application and Plans
a) The stormwater permit application and plan shall refer to the drawings and
technical documentation for planned site improvements necessary to fulfill the
drainage and stormwater management requirements of this article. This shall
include but not be limited to:
[1] Location and topographic maps with the total drainage area delineated
including both on site and off site areas and sufficient information to
define all ridges, existing streams, location of the 100-year floodplain and
floodway, drainage ways, wetland areas, existing springs, and elevation
of any proposed discharge point, and any additional information required
to evaluate the existing and proposed drainage system, which may
include a soil analysis.
[21 Architectural and engineering drawings showing plan, profile and details
of piping, drainage structures, swales, and channels tying into a network
of pre-existing manmade or natural channels.
6

[3] Written project specifications governing work performance and materials.
[4] Computations and assumptions sufficient to support the design of piping,
drainage structures, Fete ntionldetention ponds, and permanent erosion
control measures.
[5] Whatever other narrative statements necessary to adequately describe
the proposed site improvements and the measures planned to comply
with the requirements of this article.
b) The stormwater permit application and plan shall be prepared by and shall bear
the seal and signature of a professional engineer or landscape architect licensed
in the state of North Carolina, competent to perform all aspects of design.
c) The stormwater permit application and plan shall be prepared to meet the basic
objectives and design standards for drainage and stormwater management as
described in this ordinance.
d) The stormwater permit application and plan shall show the existing site topography
and proposed site drainage improvements in sufficient detail to facilitate plan
review and construction. The plan drawings shall be presented at a scale no
smaller than 1 inch = 50 feet.
Section 2: Maintenance Manual
a) The stormwater permit application and plan shall be accompanied by an operations
and maintenance manual. The manual shall contain a narrative describing each
installed measure and device and its design specifications. The manual shall
indicate for each installed measure and device what operation and maintenance
actions are needed and what specific quantitative criteria will be used to determine
when these actions will be taken. The manual must indicate the steps that will be
taken to restore a measure or device to the design specifications if a failure occurs.
b) After the permit and plan is approved and installation is complete, if changes have
been made to any installed measure or device, the manual shall be revised to reflect
these changes, and such changes shall be subject to the review and approval of the
Stormwater Administrator.
Section 3: As -built Plans and Specifications
a) The designer of the stormwater control plans shall provide as -built plans of all
stormwater.control and management plans showing the field location, size, depth,
and planted vegetation of all measures and devices as installed. If the previously
submitted plans remain unchanged, an as -built certification to the existing plans will
be required. No certificate of compliance or occupancy shall be issued without said
as -built plans.
b) The designer shall certify, under seal, that the as -built stormwater measures and
devices and their installation are in compliance with the County's stormwater
ordinance.

c) The designer shall submit a final electronic file of the stormwater plan that is
readable by GIS systems.
Division 4: Standards
Section 1: Stormwater Management Objectives
a) In order to reduce drainage related damage and hazards, adequate natural
drainage systems or stormwater management installations are required to collect
and transmit stormwater flows into either existing drainage facilities or a natural
drainage system.
b) All storm drainage facilities shall be designed, constructed and maintained so that
adjacent properties are not unreasonably burdened with surface waters as a result
of such improvements. Specifically:
[1] Offsite areas which drain to or across a site proposed for development
must be accommodated in the stormwater plans for the development. The
stormwater management system must be capable of conveying the
existing offsite flows through or around the development such that the
volume and rate of flow from the adjacent property is not altered. If offsite
flows are carried in the site system any detention system shall be sized to
accommodate this flow. The flow must be released to the original
drainage area.
[2] Storm drainage facilities shall be designed to limit the discharge from the
site to the rate that existed prior to development of the site. For projects
that are redeveloping a developed site, the discharge will be limited to
that which occurs before any new development. The type and location of
the discharge will be as occurred before the current development unless
the discharge is to a manmade conveyance system.
c) All site improvements shall be provided with a drainage system that is adequate to
prevent the undue retention of surface water on the development site.
d) These goals for discharge can be accomplished by designing, constructing and
maintaining all stormwater management installations to the extent practicable:
[1] Avoid increases in surface runoff volume and velocity by including
measures which promote the infiltration of stormwater,
[2] Maximize the time of concentration of stormwater runoff, and
[3] Promote the filtration and precipitation of pollutants from stormwater
runoff in order to protect the water quality of the receiving watercourse.

e) Whenever practicable, the drainage system of a development site shall coordinate
with and connect to the drainage systems or drainage ways on surrounding
properties or streets. Permission must be received from other applicable entities
for connection.
f) To the extent practicable, all site improvements shall conform to the natural
contours of the land, and without disturbance, utilize the preexisting natural and
preexisting manmade drainage ways:
g) To the extent practicable, lot boundaries within subdivisions shall be made to
coincide with natural and preexisting man made drainage ways to avoid creation of
lots that can only be built upon by altering such drainage ways.
h) Stormwater shall not be diverted from one natural drainage basin into another.
Stormwater shall not be channeled or directed into sanitary sewers.
j) Stormwater controls shall not be located within the designated floodway.
k) Stormwater controls shall not be located within 30 feet landward from any
perennial and intermittent surface waters. A surface water shall be deemed
present if the feature is approximately shown on either the most recent version of
the soil survey map prepared by the Natural Resources Conservation Service of
the US Department of Agriculture or the most recent version of the quadrangle
topographic maps prepared by the USGS.
1) Streams shall not be relocated unless it is demonstrated that the relocation of the
stream will have a positive impact on water quality while reducing velocity. All
other applicable permits must be received.
Section 2: Stormwater Management Design Standards
a) Design standards are established for the purpose of promoting sound
development practices which respect, preserve and enhance the County's
watercourses and are not intended to prohibit the use of innovative and
alternative techniques which can be demonstrated to have the potential for
successfully achieving the objectives stated in Section 1.
b) Design Storm:
j1] The measures shall control and treat the difference in stormwater runoff
volume leaving the project site between the pre- and post -development
conditions for, at a minimum, the 1-year, 24-hour storm. Runoff volume
drawdown time shall be a minimum of 48 hours, but not more than 120
hours.'
[21 All structural stormwater treatment systems used to meet the
requirements of this ordinance shall be designed to have a minimum of
85% average annual removal for Total Suspended Solids (TSS).
0

[3] The hillside development standards of Chapter 70 of Buncombe County's
Code of Ordinances (Section 70-68) apply. This section limits the density
of disturbed area and impervious surfaces on steep slopes.
[4] The design of drainage facilities in flood hazard areas shall be consistent
with the requirements of Buncombe County's Flood Damage Prevention
Ordinance. No stormwater controls shall be allowed within the floodway.
No stormwater controls shall be within 30 feet landward of any perennial
and intermittent surface water.
[5] The computation of stormwater runoff shall follow established engineering
practice. Acceptable methods of computation include the Rational
Method, the Peak Discharge Method as described in USDA Technical
Release Number 55 (TR-55), and USGS Regression Equations, where
applicable. If an alternate method is proposed, the method should be
described and justification for using this method should be provided. The
same method must be used for both the pre- and post -development
conditions.
[6] Runoff coefficients shall be based on full development of the project and
of the watershed to the extent of the current zoning or land use patterns,
and shall include the complete development of the site through build -out,
including roof tops and other impervious areas that may be proposed.
[7] Stormwater detention shall be provided to insure that the rate of
discharge does not exceed the pre -development rate of discharge. In
order to demonstrate this, pre and post development hydrographs will be
submitted that demonstrate no increase in flow leaving the site during the
one-year 24 hour storm. Inflow -outflow calculations shall also be
submitted for any stormwater detention ponds.
[8] Stormwater controls that drain in whole or part to designated trout waters
shall be designed and shall implement the best stormwater practices that
do not result in a sustained increase in the receiving water temperature,
while still meeting the other requirements of this ordinance.
Section 3: Stormwater Design Manual
The Buncombe County Planning and Development Department may furnish additional
guidance and standards for the proper implementation of the regulations of this article
and may provide such information in the form of a Stormwater Design Manual.
Stormwater management practices that are designed, constructed, or maintained in
accord with the Stormwater Design Manual must be presumed to comply with these
regulations. However, the Stormwater Administrator shall have the right to consult other
engineers and duly qualified professionals, and to impose any conditions or require any
modifications deemed necessary to meet the purpose, intent and requirements of this
ordinance.
Im

Division 5: Construction and Maintenance
Section 1: Construction of Stormwater Management Structures
a) Stormwater management facilities shall be constructed in accordance with
approved plans and maintained in proper working condition. The
applicant/property owner is responsible for ensuring that the construction of
drainage structures and stormwater management measures are completed in
accordance with the approved plan and specifications. Inspections which may be
performed by Buncombe County during construction will not relieve the
developer of the responsibility to install stormwater management and drainage
facilities in accordance with the approved plan.
b) In response to a complaint, or as a compliance check with the requirements of
the ordinance, the Stormwater Administrator or the designee shall perform a
physical inspection of the construction of drainage structures and stormwater
management measures, or monitor long term maintenance procedures.
c) The property owner will be notified in writing of any substandard and/or non-
conforming work identified by the Stormwater Administrator. The notification shall
state the specific work that is out of compliance, the specific reasons for
noncompliance, and the corrective measures necessary to bring the work into
compliance.
d) Failure of the property owner or developer to correct substandard and/or
nonconforming work identified by the Stormwater Administrator shall be sufficient
reason to refuse or revoke building permits, and/or deny occupancy permits for
buildings serviced by said work. Appeals on determination of nonconforming or
substandard work and/or the adequacy of the corrective measures executed
shall be made in accordance with Division 2, Section 2 of this ordinance.
Pending the ruling on the appeal, the determination of the Stormwater
Administrator remains in effect.
e) Revisions which affect the intent of the design or the capacity of the system shall
require prior written approval by the Stormwater Administrator.
Section 2: Performance Security for Installation and Maintenance
a) Buncombe County will require the submittal of a surety performance bond made
by a surety bonding company licensed and authorized to do business in North
Carolina, a bond of the owner/developer with an assignment to the county of a
certificate of deposit as security for the bond, a bond of the owner/developer by
an official bank check drawn in favor of the county and deposited with the county,
or cash or an irrevocable letter of credit deposited with the county prior to issue
of a permit in order to ensure that the stormwater system is installed by the
developer and functions as required by the approved stormwater plan.
b) The amount of an installation performance security shall be the total estimated

construction cost of the system and devices approved under the permit, plus
25%.
c) The performance security shall contain forfeiture provisions for failure, after
proper notice, to complete work within the time specified, or to initiate or maintain
any actions which may be required of the applicant in accordance with this
ordinance.
d) Upon default of the applicant to construct, maintain, repair, and if necessary
reconstruct any stormwater device in accordance with the applicable permit, the
Stormwater Administrator shall obtain and use all or any portion of the security to
make necessary improvements based on an engineering estimate. Such
expenditure of funds shall only be made after requesting the applicant to comply
with the permit. In the event of a default triggering the use of installation of
performance security, Buncombe County shall not return any of the unused
deposited cash funds or other security, which shall be retained for maintenance.
e) If Buncombe County takes action upon such failure by the applicant, Buncombe
County may collect the difference should the amount of the reasonable cost of
such action exceed the amount of the security held. This difference will be
collected from the applicant.
f) Within sixty (60) days of the final approval, the installation performance security
shall be refunded to the applicant or terminated.
Section 3: Completion
The developer is responsible for completing all stormwater improvements in accordance
with the requirements of this article and other applicable ordinance and laws.
Section 4: Assurance that Improvements will be Maintained
a) The County may not approve a record plat, or in the case of single -lot
development not requiring a record plat may not issue a building permit, until
those stormwater improvements required of the developer have been completed
or a performance guarantee has been provided.
b) Upon completion of required improvements, the design professional must submit
as -built plans, or certify the existing plans as as -built if no changes have
occurred, of the installed stormwater improvements to the Stormwater
Administrator. These plans must indicate that stormwater improvements were
constructed in accordance with the County ordinance and approvals.
Section 5: Maintenance
All stormwater improvements must be maintained so they will continue to serve their
intended functions.
a) The developer must maintain stormwater improvements until accepted by a
property owners association or lot owner. The developer must disclose which
party will be responsible for continued maintenance on the record plat and on the
stormwater management plan. The developer will be responsible for the
12

installation, operations, and maintenance of the stormwater controls until
ownership is conveyed. The responsibility and agreement for operations and
maintenance for the stormwater system is transferred with title, as each property
is conveyed.
b) Before improvements are accepted for maintenance by the property owners
association or lot owner, the developer or the developer's engineer or landscape
architect, must certify to the property owners association or lot owner and to the
County that improvements are complete and functioning as designed.
c) The developer must record, and reference on the record plat, an operations and
maintenance plan that instructs the property owners association or lot owner
about the annual operations and maintenance tasks for at least a 20-year period.
d) The person responsible for maintenance of any stormwater structure or feature
installed pursuant to this ordinance shall submit to the Stormwater Administrator
an inspection report annually from a qualified registered North Carolina
professional engineer, surveyor, or landscape architect performing services only
in their area of competence. The report shall contain the following:
[1] The name and address of the land owner.
[2] The recorded book and page number of the lot of each stormwater
control.
[3) A statement that an inspection was made of all stormwater
controls and features.
[41 The date the inspection was made.
151 A statement that all inspected controls and features are
performing properly and are in compliance with the terms and
conditions of the approved maintenance agreement required by
this ordinance.
161 The signature and seal of the engineer, surveyor, or landscape
architect.
All inspection reports shall be on forms supplied by the Stormwater
Administrator. An original inspection report shall be provided to the Stormwater
Administrator beginning one year from the date of as -built certification and each
year thereafter on or before the date of the as -built certification.
It will be the responsibility of the property owners association or lot owner to
update the plan annually.
e) The developer must record, and reference on the record plat, a maintenance
agreement, or restrictive covenant that sets forth the property owners
association's or lot owner's continuing responsibilities for maintenance, including
specifying how cost will be apportioned among lot owners served.
13
/-A

f) The maintenance agreement must provide that the association and its individual
members are jointly and severably liable for maintenance.
g) The developer must record easements for access, maintenance and inspections .
by any property owners association and by Buncombe County Government.
i) All maintenance documents required by this article must be submitted to the
Stormwater Administrator before record plat approval, and such documents must
be referenced on the record plat, or, in the case of single -lot developments not
requiring record plats, documentation must be submitted to the Stormwater
Administrator before building permit issuance.
This ordinance shall be effective upon adoption.
Approved on first reading by a vote of 5-0.
Adopted this the 271h day of September, 2006.
ATTEST
�4 J49---
Kathy Hughes, Clerk to the
Board of Commissioners
APPROVED AS TO FORM
Joe Connolly, County Attorney
BOARD OF COMMISSIONERS FOR
THE COUNTY OF BUNCOMBE
;��_ kl�1_7
Nathan Ramsey, Chairman
Board of Commissioners
14

Nov 28 07 05:07p Town Of Weaverville '0286454776 p,2
Resolution to .Approve the Buncombe County
Stormwater Managemeot Plan
Wlicreas, in 1999 the U.S. Environmental Protection Agency adopted Elie Prase 11.
Stormwatcr Regulations to improve water quality through the treatment and
control of stormwater, and
Whereas, the Town of Weaverville has been designated by the EPA as a phase iI
municipality and is therefore required to develop a plan of action For the control
oC stormwater, and
Whereas, the Town of Weaverville has been issued a permit from the Statc of Borth
Carolina Department of Environment and Natural Resourcgs Division of Water
Quality to Discharge Storrnwater Under The National. '.'pollutant Discharge
Elimination System, and
Whereas, the North Carolina Environmental Management Commission has developed
rules :for the federally mandated process for controlling and treating stormwater,
and
Whereas, Buncombe County Board of Commissioners have developed and approved a
Stormwater Management Plan for Bunwnibe County that was adopted on the 27{"
day of September, 2006 based on best management practices, and
Whereas, Buncombe County planning and Development Department currently conducts
all building inspections, floodway inspections and erosion control inspections
within the Town of Weavervill.e and its extraterritorial jurisdiction.
Now Therefore, the Weaverville Town Council would request that the Buncombe
County Board of Commissioners apply the approved stormwater management
regulations to all required development within the Town of Weavmville,iand
within the extraterritorial jurisdiction of Weaverville and allow the Buncombe
County Planning and Development Department to administer stormwater
regulations on behalf of the Town of Weaverville,
Approved this the 21"` day of May, 2007.
r & //
Mark "B' Stroud, Mayor
Shelby Sl &s, Town Clerk

F W A r' Michael F. Easley, Governor
� R pG William G. Ross Jr., Secretary
North Carolina Department ol'Environment and Natural Resources
Alan W. Klimek, 11. H. Director
Division of Water Quality
-� Coleen 11. Sullins, Deputy Director
Division of Walcr Quality
July 28, 2005
Jon Creighton
Buncombe Assistant County Manager
46 Valley Street
Asheville, North Carolina 28801
Re: County Phase II Stormwater Permit Applications
Dear Mr, Creighton:
This letter is to inform your agency how the Phase 11 stormwater regulations apply to a
County and to inform you of the status of the County Phase II Stormwater Permit Applications.
The Division of Water Quality received a number of comments during public comment
period for the Phase II Draft Permit posted in December, 2004. Based on those comments, and
several subsequent meetings, it is apparent that a number of counties are not clear as to how to apply
the Phase I I regulations to their activities and operations. With that in mind, DWQ is re-evaluating
the applications submitted to determine if the applications submitted address specific issues that came
out during the comment period and subsequent meetings that Counties may have overlooked in their
original application.
Several counties may have excluded County owned crud opercrled municipal separate storm
sewer systems (MS4) within the incorl)oraled areas within Urbanized Area (UA). Several
counties may only have included the MS4 in the unincorporated areas of the county within
the UA.
2. Several counties may only have included the MS4 that have direct discharges. Direct and
indirect stormwater discharges from Counly owned and o ercrled MS4 may be subject to
Phase 11. Sheet ]low and or stormwater that either dissipates or infiltrates and/or evaporates
Without being directly or indirectly discharged to receiving waters are not subicct to Phase IL
3. Several counties may have excluded the MS4 where the County relies in whole or in part on
another entity for implementation of their SWM11.
4. Several counties may have excluded non-standardM,S4s. Non-standard MS4's include, but
are not limited to, County airports, public schools and universities, prisons, hospitals, and
Count owned or o vrcrted industrial activities. In some instances the County may own or
operate non-standard MS4s or desire co -permit with the non-standard MS4 that are not
owned or operated by the County.
Wetlands and Stormwater Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]
Internet: h2o.enr.state.nc.us 512 N, Salisbury St, Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled1l0% Post Consumer Paper

5. Several counties may have excluded County owned and operated MS4 within the UA that
discharge to a permitted MS4 (i.e., NCDOT and a municipality owned or operated MS4).
Multiple buildings with an MS4 that connects to another permitted Phase I or Phase II MS4
may be subject to Phase 11, depending on the activities, potential exposure, the degree of
regulation at the site, the system of conveyance and/or the stormwater runoff impact.
Stormwater runoff can have a number of impacts. As development and imperviousness
increase in an area, the natural capacity of the soil and vegetation to infiltrate and take up rainfall
decreases, and more rainfall becomes stormwater runoff. This can produce negative impacts by
causing erosion of land areas and stream banks and causing or increasing flooding. As North
Carolina grows, development increases. When more houses, roads and businesses are constructed,
water has nowhere to go and can cause serious drainage, pollutant, and sanitation problems. In
addition to the increased volume, stormwater carries pollutants to surface waters from activities that
may include parking lots where county vehicles are parked for extended periods. County vehicles
may even be fueled or serviced in county owned parking lots. Recycling facilities, if improperly
maintained may carry pollutants to surface waters. County facilities may host a variety of activities or
events throughout the year, ranging from dog shows and concerts to providing relief to hurricane
victims. The general public often use county owned property to exercise their pets or enjoy a get
together with family and friends. All of these activities have a potential impact on stormwater runoff.
Unfortunately not everyone is currently aware that the decisions they make can have an impact on
stormwater pollution. Some people assume that stormwater runoff that enters a storm sewer system is
being routed to some type of treatment process before entering our surface waters. In most cases
there is no pre-treatment of stormwater. Storm sewer systems are often designed simply to capture the
stormwater and convey it to the nearest surface water.
Finally, under Section 8 of Session Law 2004-163, even if the site is not within the UA, a
petition may be submitted to request that an owner or operator of a municipal separate storm sewer
system (MS4) or a person who discharges stormwater be required to obtain a Phase II National
Pollutant Discharge Elimination System (NPDES) permit for stormwater management. The County
should implement water quality protection programs and/or measures adequate to address stormwater
impacts on sensitive receiving waters and to insure compliance with a TMDL implementation.
If you have 'any questions, concerns, or comments about the attached draft document,
"County Implementation of the Phase H,5tormwater Program," don't hesitate to contact me at (919)
733-5083, ext. 545. 1 hope to discuss the draft document at the Stor mvater Implementation Group
Meeting, on August 17, 2005.
Sincerely,
Mike Randall
Environmental Engineer
cc: DWQ Regional Office

DWQ Review of Draft Buncombe County SW Ordinance
Subject: DWQ Review of Draft Buncombe County SW Ordinance
From: Laurie Moorhead <Laurie.Moorhead@ncmail. net>
Date: Mon, 18 Sep 2006 08:52:59 -0400
To: [e-mail]
buncombecounty.org
CC: [e-mail], [e-mail], Roger Edwards
<Roger.Edwards@nemall. net>, brad]cy.bennett@ncmat].net
Jon,
Thanks for soliciting DWQ's input on Buncombe County's draft stormwater ordinance. Mike Randall,
Bill Diuguid (of Stormwater Permitting Unit) and I all gave a quick review of the draft and below are
our comments in terms of what meets the most recent State Law requirements and what exceeds those
requirements. Note that none of us are familiar with Buncombe County's steep slope ordinance which is
referenced in the draft stormwater ordinance. Therefore, it's not possible for us to comment on what
some of the provisions are. If you would like a thorough review, then we would need a copy of all
referenced ordinances and 30 days to generate a good and solid examination. That caveat noted, below
please find our comments on this draft..
Coverage
State and Federal rules require all new development (regardless of commercial versus residential) that
disturbs 1 acre or more, or less than I acre if part of a larger plan for development, that occurs within
State Law defined Municipal Spheres of Influence and Census -defined Urbanized Areas must control
runoff generated from the first inch of rainfall if the built upon area exceeds 24%. (Note that there is
much debate regarding the 24% threshold and whether it is protective enough, however at this time that
is the number in the rules.)
The draft Buncombe County stonmwater ordinance applies to the entire county and requires commercial
development of 0.5 acres or more and residential development of I acre or more to address stonnwater
generated from the 1 year/24-hour stone. Note that the(_Boncom_be Courity`oidinancc as written exceeds
State and Federal requirements for coverage in that it is county -wide, affects a lower acreage threshold
for commercial development and requires capture of more rainfall (Iyr/24-hour storm versus first 1 inch
of rainfall). Additionally the Buncombe County ordinance,applics tto all densities of development (at
least we think this to be true but we are not familiar with the steep slope ordinance and what the density
thresholds may be indicated) versus the State requirement of 24% built upon area.
In terms of coverage, from what we can discern at this point, the draft Buncombe County ordinance is a
better and more protective ordinance. Kudos to planning staffl !
Stream Setbacks
State rules requires a 30-foot setback for all •development (regardless of commercial versus residential
and regardless of built upon area) From perennial and intermittent streams.
G _l
CThe draft -Buncombe County ordinance requires -a 30-foot-setback or the 100:yZZar floodplain, whichever
is less:
0
(DWQ staff are not familiar with -the-locations-of the 100-year floodplain oBuncombe County's }
l ol'3 9/20/2006 8:18 AM

DWQ Review of Draft Buncombe County SW Ordinance
streams. If it is possible for the 100-year floodplain to be less than 30 feet in some instances, then the
county ordinance does not meet the State's requirements. Should this be the case, it might be better for
the County ordinance to state simply a 30-foot setback and leave out all reference to the I00-year
floodplain.
Structural BMPs and Design Standards
The State rule requires that structural BMPs capture of the first inch of runoff and provide treatment of
TSS of 85% and draw down time between 2 and 5 days.
The draft County ordinance includes exactly the same treatment requirements but for a greater amount
of runof£...that generated from the I yr124-hour storm.
In terms of treatment capacity, the draft�o ty_ordina_nce exceeds the State requirements -and is more
protective. Again, kudos to planning staff? —
Penalties for Violations
The draft County ordinance es ablislies-penalties that,arc-less -than "what_thc State -is_ authd_ri2ed_ to=issue
While the County does have the authority to set its -penalties at wllatcver it deems reasonable, note that
should the County opt to implement the State Phase II rule, then penalties should be revisited. For
example, should the County request "delegation" from DWQ to implement Phase 11, then the penalties
should be consistent with what the State would issue. Should the County opt to include in its Phase II
pernit from the State the "authority" to implement the post -construction runoff measure, then the
County could have whatever penalties it chooses; however during any State inspection of the permit,
should violations be noted, the State would have greater monetary penalties than the County would be
collecting from violators.
Construction and Maintenance of BMPs
The State and Federal requirements include a provision of mandatory, at ni dal -ins-6= ections of all structural
FM s With the intent of providing some insurance that BMPs will be maintained if inspected at least
annually. In fact, the State rules require submittal of the annual inspection reports from the developers o
or owners to the permitting agency.
The draft County ordinance states that inspections may be required in response to complaints etc...
In terms of compliance with State and Federal rules, the draft County ordinance should be modified to
require submittal of annual inspection reports and the County should retain the authority to conduct
inspections should it so choose. In order for the State to delegate to Buncombe County the authority to
implement the Phase II stormwater program, this change would be necessary.
Other County Exceedances
The draft County ordinance contains a few provisions which exceed State requirements and which are
thoughtful and solid in concept. For example, the draft ordinance requires bonds for structural BMPs,
an excellent idea and likely a needed source of funding to ensure the long-term maintenance of BMPs.
Note that the draft ordinance is consistent with State requirements of protective covenants to ensure
2 of 3 9/20/2006 8: l8 AM

DWQ Review of Draft Buncombe County SW Ordinance
malntcnance.
The draft County ordinance contains a requirement for a Maintenance Manual for structural BMPs,
again a solid concept which should help ensure that homeowners associations understand what BMPs
they have and how they are to be maintained. This idea is worthy of inclusion in future State rules for
stormwater. The Maintenance Manual requirement is unique to Buncombe County and exceeds State
requirements.
The draft County ordinance states that streams shall not be relocated. Again this provision exceeds State
requirements and is a good concept.
To conclude this initial review, State staff are very impressed with the degree of protection offered by
the draft County ordinance and strongly supports County Planning Staff in its work on this draft. Again,
note that DWQ is unfamiliar with the provisions of the steep slope ordinance and how it might affect
coverage and requirements of this draft stormwater ordinance. Again, should the County desire a formal
review, then additional time and any referenced materials would be needed.
Thank you for the opportunity to provide comment on this draft. If DWQ can assist further, please call
OIl US.
Laurie
Laurie Moorhead - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Laurie Moorhead < Lauri e.Moorhead u,ncmail.net>
NC DLNR - Asheville Regional Office
Division of Water Quality - Water Quality Section
3 ol' 3 9/20/2006 8: IS AM

o�oF w A- i-A
r�9Qt:
r
Jon Creighton
Assistant County Manager
Buncombe County
46 Valley Street
Asheville, North Carolina 28801
Jon Creighton:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 13, 2003
Subject: NPDES Phase II Stormwater
Non -ownership 1 non -operator certification
Certification Number P2CERT-0012
Buncombe County
The Division of Water Quality's Stormwater and General Permits Unit hereby acknowledges receipt of your form
SWU-266: Stormwater non -ownership 1 non -operation certification on March 13, 2003.
Please be advised that this certification is accepted based wholly upon your evaluation. Division staff has not visited
your facilities to obtain independent verification. Discharging Stormwater from a small municipal separate storm
sewer system covered by this program to the waters of the state without a valid NPDES permit will subject the.
responsible party to a civil penalty up to $25,000 a day.
The Division encourages you to continue to keep abreast of the permanent rulemaking process associated with the
NPDES Stormwater Discharge Program. The final North Carolina permanent rules as currently proposed would
rely on factors other than ownership and operation to determine which public bodies need to seek permit coverage.
It is possible that your jurisdictional area will be subject to stormwater permit coverage once the permanent rules are
finalized. The Environmental Management Commission approved taking draft permanent rule language to public
notice and public hearing at their February 13, 2003 meeting. The public hearings will be held during the month of
April and you are encouraged to continue participating in the process.
Note that this certification does not affect the legal requirement to obtain other permits which may be required by
the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management
Act, or any other Federal or Local government.
If you have any questions concerning this letter, please contact Mr. Darren England at telephone number (919) 733-
5083, extension 545.
Sincerely,
t1�.CE
Bradley Bennett
Stormwater & General Permits Unit
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
*A
;�! 0ENR
Customer Service
1 800 623-7748

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
1 1/6/2002
BUNCOMBE COUNTY
MS. WANDA GREENE' . BUNCOMBE COUNTY MANAGER
205 COLLEGE S'E'Rl l 'l', STE,. 300
ASHE-VILLE , NC 28801
Subject: NiDI-S Phase II Stormwater Program
Ms. Wanda Greene:
In 1990 the U.S. Environmental Protection Agency's (EPA) Phase I stormwater program was promulgated under the
Clean Water Act. Phase I relies on National Pollutant discharge Elimination System (NPDES) permit coverage to
address stormwater runoff from: (1) "medium" and "large" municipal separate storm sewer systerns (MS4s) generally
serving populations of 100,000 or greater, (2) construction activity disturbing 5 acres of land or greater, and (3) ten
categories of industrial activity. The NPDES Stormwater Phase II Final Rule was promulgated in December 1999 and is
the next step in I?PA's effort to preserve, protect, and improve the Nation's water resources from polluted storm water
runoff. The Phase II program expands the Phase I program by requiring additional operators of MS4s in urbanized areas
and operators of small construction sites, through the use of NPDES permits, to implement programs and practices to
control stormwater runoff. Phase 11 is intended to further reduce adverse impacts to water quality and aquatic habitat by
instituting the use of controls on the unregulated sources of stormwater discharges that have the greatest likelihood of
causing continued environmental degradation.
The NPDES Stormwater Phase Il Final Rule requires nationwide coverage of ail operators of small MS4s that are
located within the boundaries of a Bureau of the Census defined "urbanized area" based on the latest decennial Census.
We are writing to you to remind you that Buncombe County has been identified as being located within a census
designated urbanized area in both the 1990 and 2000 decennial census. As a regulated community, you are required to
develop a stormwater management program and apply for stormwater permit coverage, il' you own and operate a small
MS4 or file a certification that Buncombe County does not own or operate a small MS4. The deadline for submitting
Your application package or non -ownership certification is March 10, 2003. Application and certification documents, as
well as additional information on the NPDI-S stormwater program, are available for download at Our web site . Our web
address is http:/lh2o.enr.state.nc.uslsu/stormwater, htm1. You may also contact us for hard copies of the documents. It'
You have any questions about this letter, please feel free to contact me (919-733-5083, ext.525) or Darren England
(919-733-5083, ext. 545)
Sincerely,
B�ctG`/'(1 Sl',�v'vr
Bradley Bennett. Supervisor
Stormwater and General Permits Unit
cc: Central Files
Stormwater and General Permits Unit Files
Asheville Regional Office
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
ern
NCDENR
Customer Service
1-800-623-7748

e
County of Buncombe .
Pl AI�G AND DEVELOPMENT
46 Valley St.rcct
Asheville, IBC 28801
Jon EL Creighton, Director/
Assistant County Managcr
March 10, 2003
Mr. Bradley Bennett, Supervisor
Storni Water & General Permit Unit
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina, 27699-1617
Re: County of Buncombe Non -Ownership Form
Dear Mr. Bennett:
Planning/ Zoning [phone]
Erosion Control [phone]
E911 Addressing [phone]
Fax [phone]
Attached is the Non -Ownership Form for Buncombe County (SWU 266), for compliance
with the EPA requirements for local governments set forth in the Storm Water Phase 1I
Program.
Also, the County currently only requires Industrial Permit coverage for our landfill,
which has previously been permitted.
Sincerely,
3 Crei ht
Assistant Cotty Manager/Director of Planning

State of North Carolina
Department of Environment & Natural Resources
Division of Water Quality
OFFIC USE ONLY
Date Rec'd
a 3 -13 - 0 3
BIMS
Cert. Number
;-"Ze4au-ov,
STORMWATER NON -OWNERSHIP 1 NON -OPERATION CERTIFICATION FORM
This form is for use by Regulated Public Entities (RPE), pursuant to Title 15A North Carolina Administrative Code
2H .0126, to certify that they do not own or operate a small MS4.
I. APPLICANT STATUS INFORMATION
Name of Regulated Public Entity
Buncombe County '
Status (federal, state, public, or
other
Public
Type of Public Entity (city, town,
county, prison, school etc:
County
County(s)
Buncombe
RPE Jurisdictional Area in square
miles
656 miles
II. OPTIONAL PERMITTING OPPORTUNITIES
Are you exercising your option to apply for a NPDES Stormwater Discharge
Permit? If yes, submit this form along with a complete application package (Form
❑ Yes X❑ No
SWU-264 and a Comprehensive Stormwater Management Program Report).
Are exercising your option to apply for Permit by Rule status? If yes, submit this
❑ Yes X❑ No
form along with a completed form SWU-267
III. SIGNING OFFICIAL'S STATEMENT
I certify, under penalty of law, that the Regulated Public Body listed in section I of this document does not
currently own or operate a small municipal separate storm sewer system, as defined in 40 CFR 122. 1 further
certify that this document and all attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations.
Signature
Print Name
JGK Creighten
Title
Assistant County Ma ager/Director of Planning
Street Address
46 Valley Street
PO Box
City
Asheville
State
NC
Zip
28801
Telephone
[phone]
Fax
[phone]
E-Mail
[e-mail]
SWU-266-103102

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
1 1/6/2002
13UNCOM13E COUNTY
MS. WANDA GREENIH , 13UNCOM13E COUNTY MANAGER
205 COLLEGE STRIaET, STE. 300
ASHEVILLI- , NC 28801
Subject: NPDI?S Phase 11 Stormwater Program
Ms, Wanda Greene
In 1990 the U.S. Environmental Protection Agency's (EPA) Phase I stormwater program was promulgated under the
Clean Water Act. Phase I relies on National Pollutant discharge Elimination System (NPDES) permit coverage to
address stormwater runofffrom: (1) "medium" and "large" municipal separate storm sewer systems (MS4s) generally
serving populations of 100,000 or greater. (2) construction activity disturbing 5 acres of land or greater, and (3) ten
categories of industrial activity. 'rhe NPDES Stormwater Phase 11 Final Rule was promulgated in December 1999 and is
the next step in EPA's effort to preserve, protect, and improve the Nation's water resources from polluted storm water
runoff. The Phase 11 program expands the Phase I program by requiring additional operators of MS4s in urbanized areas
and operators of small construction sites, through the use of NPDES permits, to implement programs and practices to
control stormwater runoff. Phase 11 is intended to further reduce adverse impacts to water quality and aquatic habitat by
instituting the use of controls on the unregulated Sources of stormwater discharges that have the greatest likelihood of
causing continued environmental degradation.
The NPDES Stormwater Phase II Final Rule requires nationwide coverage of all operators of small MS4s that are
located within the boundaries of a Bureau of the Census defined "urbanized area" based on the latest decennial Census.
We are writing to you to remind you that Buncombe County has been identified as being located within a census
designated urbanized area in both the 1990 and 2000 decennial census. Asa regulated community, you are required to
develop a stormwater management program and apply for stormwater permit coverage, if you own and operate a small
MS4 or file a certification that Buncombe County does not own or operate a small MS4. The deadline for submitting
your application package or non -ownership certification is March 10. 2003. Application and certification docurnents, as
well as additional information on the NPDES stormwater program, are available for download at our web Site. Our web
address is htIp://h2o.enr.state.nc.us/su/stormwater.html. You may also contact us for hard copies of the documents. 11'
YOU have any questions about this letter, please feel free to contact me (919-733-5083, ext:525) or Darren England
(919-733-5083, ext. 545)
Sincerely,
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
cc: Central Files
Stormwater and General Permits Unit Files
Asheville Regional Office
AG�A
NCDENR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Cuslomer Service
1- 800-623-7748